pages: CityCouncil/2009-10-20.pdf, 28
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CityCouncil | 2009-10-20 | 28 | inquired whether a provision could be made for City identified historical structures. The City Attorney/Legal Counsel responded a provision has been suggested; stated the problem is inconsistency with State law; State law only recognizes buildings on the State register; adding a historical provision could be challenged. Mayor/Chair Johnson inquired whether variations could be allowed since the State invites local governments to develop ordinances. The City Attorney/Legal Counsel responded cities only have discretion to determine whether or not to count its own inclusionary housing requirements toward a developer's count of units. Councilmember/Commissioner Matarrese stated the State's intent is to protect historic structures; inquired whether the City using its own historic interpretation would meet the intent of State law. The City Attorney/Legal Counsel responded that she would like to agree with said interpretation. Councilmember/Commissioner Matarrese stated staff has heard a number of comments; an updated draft should come back to Council. The Planning Services Manager stated staff would develop some type of process that requires an applicant to come before the City for initial approval for concessions, incentives, and waivers; staff will incorporate the Alameda Architectural Preservation Society suggestions in the revised ordinance. Mayor/Chair Johnson stated commercial areas do not have the same concerns; residential areas should be reviewed differently. The Planning Services Manager stated staff will develop a draft that compares caps in residential areas versus no caps in commercial areas; a developer could still request a waiver to no caps. The City Attorney/Legal Counsel stated that she does no see anything in State law that permits a cap, but will speak to Mr. Buckley regarding the matter. Councilmember/Commissioner Tam requested clarification of reducing the inclusionary unit requirement from 25% to 15% in all Special Joint Meeting Alameda City Council, Alameda Reuse and Redevelopment Authority, and Community Improvement Commission October 20, 2009 | CityCouncil/2009-10-20.pdf |