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Health & Fitness

Part 3 - What are Constraints to More Housing in Albany?

Some constraints to more housing in Albany serve good purposes.  State Code requires cities to analyze Governmental constraints periodically to see if they are achieving goals for which they exist, (public health, protect quality of life, etc) or if they are acting as barriers to production, improvement, and development of housing for all income levels. 

Chapter Five of Albany’s January 2014 Housing Element (third draft http://www.albanyca.org/Modules/ShowDocument.aspx?documentid=24167 ) analyzes 16 Governmental and 5 Non-Governmental constraints to housing, listed towards the end of this blog. Parking Standards (Measure D) is the constraint mentioned most frequently as a barrier to more housing in Albany. Parking Standards has been identified in Housing Elements for action since 1992.  This current Housing Element commits to a ballot measure in 2014 or 2016 to address it, described more fully below. 

Chapter Six shows actions (“Programs”) the City will continue to take, or initiate, to achieve its housing policies. Housing Policies are organized under several goals. This blog focuses on Programs in Chapter Six’s “GOAL 4: REDUCING HOUSING CONSTRAINTS”. 

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Each bulleted line identifies first the Constraint title, then the Program number, then the title of the Program to reduce the constraint. The paragraph after the bullet line states the Program.  Following that paragraph there is a description of the situation.  Bullets are listed in program order, not necessarily order of importance.

 

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  • Residential Zoning – 4.A: Permit Requirements for Multi-Family in R-4

Eliminate the use permit requirement for multi-family development in the R-4 (Residential Towers) zoning district. Multi-family uses should be allowed by right in this district.

Description:

Multi-family housing is permitted by right in the R-2 and the R-3 zones but not in R-4. Since R-4 is the densest residential zone in the city and is explicitly intended for multi-family housing, it would be logical to apply the same permitting standard.  (Link to Albany Zoning Map: http://www.albanyca.org/Modules/ShowDocument.aspx?documentid=2889)

 

  • Standards for Special Housing Types - 4.B: Second Units
Amend the City’s second unit regulations to further facilitate second unit construction. The amendments may be brought forward as a series of separate actions rather than as a single action. The initial action should clarify the parking requirements for second units and permit them by right in the R-2 zoning district. A subsequent action or actions would revisit the development standards and site regulations for second units (height limits, setbacks, location on property, etc.).  (note: Elsewhere the Housing Element also suggests a Registry of Second Units, and considers an amnesty program to identify non-permitted existing units.)

Description:

This action would amend the code to allow second units in R-2, making it easier for those who own single family homes in that zone to add a second unit. A use permit would not be required. This action would also clarify the parking requirements for second units. Other revisions to the second unit standards also will be pursued. This may include amendments to the site development standards (height limits, setbacks, location on property, etc.).

 

  • Overlay Zones - 4.C: San Pablo-University Village Overlay District

 Maintain a zoning overlay for selected commercial properties in which residential uses must be included as a complement to commercial uses in any future development application.

Description:

The City has adopted a special zoning overlay for the portion of University Village which fronts San Pablo Avenue. Properties in this overlay are required to be developed with mixed uses, including residential development and residential care uses, as well as commercial space. The overlay ensures that high density housing will be an integral part of any development constructed on this site. 

  • Cumulative Impacts of Development Standards  - 4.D: Evaluation of Mixed Use Standards

Consider modifications to the development standards for mixed use development (e.g., residential over commercial) and revise these standards as appropriate to further incentivize the development of housing on commercially zoned sites.

Description:

Development standards for commercially zoned land in Albany allow substantially more floor area for projects that include residential uses than those that do not. While the floor area bonus is an important incentive for housing, it might be more effective if it was paired with other modifications to development standards. This action would include an evaluation of potential changes to setback requirements, height limits, and other standards affecting bulk and density. This action will also include provisions to waive, reduce, or otherwise modify the ground floor commercial requirement for projects on San Pablo Avenue which include affordable units. 

  • Standards for Special Housing Types- 4.E: Single Room Occupancy (SRO) units

 Amend the zoning code to establish a use category for SROs and allow such uses in the San Pablo Commercial (SPC) zone.

Description:

SROs are often small in size and can be an important resource for extremely low income households. Although City regulations currently permit emergency shelters on the San Pablo corridor (with a use permit), they do not explicitly reference or permit SROs. This change would allow SROs in the SPC (San Pablo Ave) zone.

 

  • Parking Standards - 4.F: Parking Studies 
 Undertake parking supply and demand studies and best practices research to determine potential alternatives to Albany’s existing parking requirements. Based on the outcome of these studies, formulate a proposal for public discussion which would replace existing parking standards with new standards that vary based on unit type, size, and context.

 Description:

The City will seek grant funding to study parking supply and demand in Albany, and to evaluate potential alternatives to the City’s existing parking standards and policies. Among the conditions to be studied would be parking utilization rates on Albany streets, and the parking demand characteristics of different land uses and housing unit types in the city.

  • Parking Standards – 4.G: Measure D Ballot Initiative

Pursue a ballot measure to revise the two off-street space per housing unit residential parking standard required by Measure D (1978). This revision would recommend more proportional ways to calculate parking requirements (e.g., based upon unit size, number of bedrooms, unit type, and the population served, with special exemptions for senior housing, proximity to transit, or available land for parking in the immediate neighborhood).

Description:

Measure D was approved by Albany voters 35 years ago in response to concerns about on-street parking. The voter initiative may no longer reflect the best solution to managing parking on City streets, and may make it more difficult and costly to construct housing.

A program to amend Measure D through a subsequent ballot initiative has been in the Albany Housing Element since 1992. Following discussion of this issue in the context of the 2007-2014 Housing Element update (as well as implementation of the City’s Climate Action Plan and Active Transportation Plan), the City Council established an ad hoc committee to evaluate alternatives to the voter-mandated requirements in November 2013. The committee had its first meeting in December 2013. They have been tasked with evaluating pros and cons of modified parking standards and making a recommendation by May 2014. It is expected that the committee will recommend a ballot measure for the 2014 or 2016 election.

In the interim period, the City will take steps to ensure that the parking requirements do not constrain affordable housing development at the high end of the allowable density range. The Planning and Zoning Commission is already authorized to approve parking exceptions, and may reduce the parking requirement to 1.5 spaces per unit where it finds that sufficient on-street parking exists. The Community Development Department will further inform prospective developers of the opportunity to use the parking standards for one bedroom units and studios authorized by the State density bonus standards in lieu of the City’s standards for projects which contain affordable housing. The State standards provide a strong incentive for the inclusion of affordable one-bedroom and studio units in future multi-family development.

  • Fees and Exactions - 4.H: Fee Incentives for Affordable Housing

Establish reduced fees and expedited processing procedures for affordable housing.

Description:

The City will establish a formal process for expedited review and fee reductions for projects which include housing for low, very low, and extremely low income households. Reductions would be evaluated on a case by case basis, depending on the attributes of each project.  Among the fees that could potentially be reduced would be the public art fee, planning and building fees, and other local or agency fees.

  • General Plan - 4.I: Capital Improvement Plan (CIP) Updates

 Prepare and periodically update a Capital Improvement Plan to define upcoming projects and funding needs.

Description:

Albany’s current CIP covers FY 2013 to 2018. The CIP assists the Council in prioritizing its investment in public works projects, including road repair and maintenance, traffic signals, sewer and drainage improvements, park improvements, creek restoration, and other infrastructure projects. These improvements are essential to enable the City to maintain service levels and expand capacity in areas where growth is anticipated. The City will continue to update the CIP in response to changing conditions, emerging needs, and plans for long-term growth.

  • General Plan - 4.J: General Plan Consistency

Ensure that future amendments to the General Plan consider potential impacts on the Housing Element, particularly the viability of development on the Housing Opportunity Sites. Conversely, ensure that any future amendments to the Housing Element include amendments to other elements of the Plan as necessary to maintain internal consistency.

Description:

The California Government Code requires all elements of the general plan to be internally consistent. If any part of the General Plan is amended, the Housing Element must be reviewed to ensure that the consistency standard is met. This includes decisions which could affect housing opportunity sites, as well as those affecting housing policies and programs. Conversely, amendments to the Housing Element must be reviewed in the context of the other Elements, with changes to the other Elements made as needed to maintain consistency. Future changes to the Housing Element should trigger a review of the entire General Plan, especially the Land Use Element, to ensure that internal consistency is maintained.

List of Governmental Constraints Analyzed in Housing Element

General Plan

Residential Zoning

Commercial and Mixed Use Zoning

Overlay Zones

Open Space Requirements

Parking Standards

Cumulative Impacts of Development Standards

Standards for Special Housing Types

Design Review Requirements

Inclusionary Housing Provisions

Density Bonus

Building Code Requirements

Processing and Permit Procedures

Site Improvement Requirements

Fees and Exactions

Art in Public Places Program

List of Non-Governmental Constraints Analyzed in Housing Element

Infrastructure. 

Environmental

Land and Construction Costs

Financing Costs and Availability of Funds

Public Opinion

 

More Reading

Chapter Five contains extensive background about Constraints and can supplement the necessarily limited scope of this blog.  Another area of interest for some may be the Programs to serve the City’s Goal “Housing Production”, on pages 6-6 to 6-14 of the Housing Element (link in second paragraph). 

Upcoming Blogs

           

Part 4 How are Albany schools impacted by more housing?

Part 5 What is “Affordable” Housing?

Part 6 What are Albany's Policies and Actions to achieve Housing Production?

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