30-18 - UNIVERSAL RESIDENTIAL DESIGN.[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 3386 N.S., § 1, adopted June 17, 2025, amended 30-18 in its entirety, in effect repealing and reenacting said 30-18 to read as set out herein. The former 30-18, §§ 30-18.1—30-18.6, pertained to similar subject matter and derived from Ord. No. 3198 N.S., § 1, adopted Nov. 7, 2017.

The purpose of this section is to:

a.

Promote and preserve the public health, safety, and general welfare of the people of the City of Alameda with mobility issues or who may develop mobility issues with age by ensuring equal access to housing for people with mobility issues without significantly impacting housing costs and affordability.

b.

Ensure that people with mobility issues are able to visit the homes of their friends and family members who may not have mobility issues.

c.

Enhance the full life cycle use of housing, without regard to the functional limitations or disabilities of a home's occupants or guests, in order to accommodate a wide range of individual preferences and abilities, in all new residential development within the City of Alameda.

d.

Incorporate design features into residential dwelling units that enhance residents' ability to remain in their homes during periods of temporary, developing, or permanent disabilities.

e.

Implement the City of Alameda General Plan Housing Element policies to provide housing that meets the City's diverse housing needs.

(Ord. No. 3386 N.S., § 1, 6-17-2025)

For the purpose of this section, the following terms shall have the following definitions:

Accessible feature means standards which allow a broad range of people to enter, maneuver within and use a room, space, fixture, or other improvements, which meet the minimum applicable requirements of the California Building Code.

Accessible bathroom means a room containing a water closet (toilet), lavatory (sink), and either a shower, bathtub, combination bathtub/shower, or both a shower and bathtub that includes accessible features, including blocking within the walls to support future installation of grab bar/hand rails.

Accessible bedroom means a room containing a bed and can be used for a resident or guest to sleep that includes accessible features.

Accessible common use room means a room commonly used by residents or guests to congregate that includes accessible features.

Accessible entry means an entrance that may be used by a visitor to the residential unit that includes accessible features.

Accessible exterior access means an exterior accessible route from the public right-of-way to an accessible entry.

Accessible interior access means an accessible route from the accessible entry to the common use or bedroom, and bathroom or powder room facilities located on the primary entry level.

Adaptable internal stairs means internal stairways and stairs with a minimum width of thirty-six (36") inches, top and bottom landings that provide a clear floor area that is a minimum of forty-eight (48") inches in the direction of the stair run, and the full width of the stair for the docking of a chair lift, and includes suitable and appropriate outlets at the bottom and top of the stairs to provide power for a future chair lift. Such outlets shall be located on the side of the stair that would have the lift, or one (1) on each side if the chair lift could be installed on either side.

Accessible kitchen shall mean a room or space designed to be use for cooking and the preparation and storage of food and containing a refrigerator, a sink, a stove and oven that includes accessible features or fixtures.

Accessible powder room means a room containing a water closet (toilet) and lavatory (sink), but no shower, bathtub, or combination bathtub/shower, that includes accessible features including blocking within the walls to support future installation of hand rails.

California Building Code means the current version of the California Building Code as adopted by the City Council of the City of Alameda.

Habitable space means a space in a building for living, sleeping, eating or cooking, including bathrooms, powder or toilet rooms, closets, halls, storage and utility spaces but excluding garages.

Laundry facilities means an area that is designed to accommodate facilities for the washing and/or drying of clothes.

Townhouse means a building with attached dwelling units, each with separate, direct, ground floor exterior access, sharing one (1) or more common walls with other units in the same building.

Universal design means the specialized design of the built space, products and indoor and outdoor environments to be usable by people with a reasonable range of abilities or disabilities.

Visitability means enhancement of the ability of a residential dwelling unit to meet the basic needs of a range of guests to enter and use portions of the home, through specific design choices and decisions.

(Ord. No. 3386 N.S., § 1, 6-17-2025)

a.

This section shall apply to any new tentative map, design review, conditional use permit, site development, master plan, building permit or other approval of a development that includes new residential dwelling units. All such approvals shall contain conditions sufficient to ensure compliance with the provisions herein.

b.

The provisions of this section do not apply to:

1.

Rehabilitation or expansion of an existing residential unit,

2.

Reconstruction of an existing residential unit destroyed due to fire or natural disaster,

3.

Accessory dwelling units,

4.

Addition of five (5) or fewer residential units to or within an existing structure,

5.

Addition of five (5) or fewer new residential units above ground floor commercial space or a parking structure without an elevator, and

6.

New residential units located directly above a ground floor unit that meets the requirements of subsection 30-18.4.b.

c.

Townhouse buildings with units having less than one hundred fifty (150) square feet of ground floor habitable space may apply the following partial exemptions to the provisions of this section:

1.

New residential units in a project of ten (10) or more units are exempt from all but the following provisions: 30-18.4.a.3, 30-18.4.a.4, 30-18.4.b, and 30-18.4.c.

2.

New residential units in a project with fewer than ten (10) units, are exempt from all but the following provisions: 30-18.4.a.3, 30-18.4.a.4, and 30-18.4.c.

d.

All plans submitted for a building permit for a residential development subject to this section shall include construction details and plans showing conformance with the applicable sections of this section.

(Ord. No. 3386 N.S., § 1, 6-17-2025)

30-18.4 - New Construction Requirements.

a.

Visitability. To ensure that all new residential dwelling units subject to the provisions of this section meet the basic needs of a wide range of guests to enter and use critical portions of the home, all units subject to this section shall include the following features:

1.

An accessible exterior access to an accessible entry;

2.

An accessible interior access from the accessible entry to an accessible powder or bathroom, accessible common use room or an accessible bedroom, and adaptable internal stairs;

3.

Blocking within the walls to support future installation of grab bar/hand rails in all bathrooms; and

4.

If ground floor open space is provided, then an accessible path of travel to the open space shall be provided.

b.

Universal Design. To ensure that a share of all new dwelling units are usable by people with a reasonable range of abilities or disabilities, thirty (30%) percent of all new residential units in a residential development of five (5) or more units shall include the following features:

1.

An accessible exterior access to an accessible entry;

2.

An accessible interior access from the accessible entry to an accessible bathroom, an accessible common use room, an accessible bedroom, accessible kitchen, accessible common or private open space, accessible laundry facility, and adaptable internal stairs;

3.

In determining the number of universally designed units required by this subsection, any decimal fraction less than one-half (0.5) shall be rounded down to the nearest whole number, and any decimal fraction of one-half (0.5) or more shall be rounded up to the nearest whole number.

c.

Required List of Alternative Features. Any residential development that includes an on-site sales office in which a buyer may purchase a unit prior to completion of construction of the unit must offer buyers the opportunity to select and purchase additional universal design features from a pre-approved list of offered features. The seller of the residential dwelling units shall prepare a brochure or checklist of the additional universal design features and pricing for the features that will be offered. The brochure or checklist shall be reviewed and pre-approved by the Planning Director concurrently with the building permits for the development. The office shall have an accessible exterior access to the primary entrance and be fully accessible per the Americans with Disabilities Act (ADA).

(Ord. No. 3386 N.S., § 1, 6-17-2025)

a.

The Planning Board may consider granting a waiver to any of the provisions of this section if it is able to make one (1) or more of the following findings:

The requested waiver is necessary to make the findings for design review approval;

2.

The requested waiver is necessary to support the provision of affordable housing units;

3.

A waiver is requested pursuant to State Density Bonus Law; or

4.

The requested waiver is necessary to avoid a conflict with adopted local, regional, State or Federal regulations.

b.

Requests for waivers shall be transmitted to the Commission on Persons with Disabilities for review and comment prior to the Planning Board consideration of the waiver.

c.

When considering a request for a waiver, the Planning Board and the project applicant may consider incorporating other features into the project to compensate for the loss of required features or to improve the accessibility of the units. Those features may include:

1.

A wider front entry door of forty-two (42") inches in width.

2.

Blocking within the walls of all hallways to support future installation of grab bar/hand rails.

3.

Rocker light switches, electrical receptacles, and environmental controls placed at accessible heights throughout the units.

4.

Removable base cabinets in all bathrooms and/or kitchens.

5.

Accessible shower stalls or tubs in all bathrooms.

6.

Accessible medicine cabinet and integral mirror in all bathrooms.

Accessible countertops with a thirty (30") inches wide workspace and/or one (1) or more fifteen (15") inch breadboards installed between twenty-eight (28") inches and thirty-two (32") inches in height in all kitchens.

8.

Any other feature that improves the design of the unit to accommodate visitors or residents with physical or other disabilities in a way that makes it useable by people with a range of abilities or disabilities.

(Ord. No. 3386 N.S., § 1, 6-17-2025)

a.

The Building Official shall grant a waiver to any of the provisions of this section if the requested waiver is necessary to avoid an undue and substantial financial hardship, as defined in the California Building Code, caused by any of the following conditions:

1.

Topographical conditions on the site.

2.

The size or configuration of the site.

3.

Other site or legal constraints, including, but not limited to deed restrictions, easements, or other real covenants, and other reasonable project alternatives are not available.

b.

The Building Official's determination regarding the applicability of the waiver shall be subject to the appeal process outlined in AMC Section 13-80.8.

c.

Waivers granted by the Building Official shall be made in writing and shall list the specific provisions that the waiver applies to. A copy of the action shall be provided to the Planning Board at the next regularly scheduled meeting, and to any person or interested party that has requested notice.

d.

If necessary to grant a waiver pursuant to the above subsection, the Building Official may require partial compliance with any portion of the provisions waived.

(Ord. No. 3386 N.S., § 1, 6-17-2025)

a.

It is unlawful for any person or entity to fail to comply with the requirements of this chapter. The City of Alameda may prescribe administrative, civil, or criminal penalties or consequences, or any combination thereof, for violations of this chapter, which are consistent with those applicable for what it deems comparable municipal provisions. These may include, but are not limited to, enforcement provisions of the State Housing Law of the California Health and Safety Code, Sections 17910 et seq., as may be amended; injunctive relief or civil penalties; and requiring compliance prior to issuance of a final inspection report or certificate of occupancy.

b.

The City of Alameda Planning Department shall report annually on implementation of this section as part of the Housing Element Annual Report.

(Ord. No. 3386 N.S., § 1, 6-17-2025)

30-20 - NONCONFORMING BUILDINGS AND USES.