pages: CityCouncil/2017-12-19.pdf, 20
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CityCouncil | 2017-12-19 | 20 | extension, and age restricted buildings: Jessica Grossman, TLC. Stated traffic is the main issue; more ways off and on the Island are needed: Marilyn Bowe, Alameda. Councilmember Matarrese requested clarification regarding entitlement over the number of units and what is required by law. The Assistant Community Development Director responded State law says when calculating a density bonus project, the applicant is allowed a bonus on the property above the maximum number allowed by the current zoning; stated the City can add more commercial but cannot reduce the number of housing. Councilmember Matarrese inquired whether Council has discretion to set the percentage of commercial but cannot reduce the number of housing units based on the acreage owned by the applicant at the time an application is submitted. The City Attorney responded in the affirmative. Vice Mayor Vella inquired about recent changes to the California Housing Accountability Act (HAA) and the City's legal exposure. The Assistant Community Development Director responded the HAA changes state cities cannot use zoning requirements to try to change the number of units with one exception: if there is evidence on the record of a health or safety problem; the change also states if you violate State law you will pick up the petitioner's attorney fees. Vice Mayor Vella inquired whether there are mandatory attorney fees if the City loses and the petitioner wins, to which the Assistant Community Development Director responded in the affirmative. Vice Mayor Vella inquired whether there is also a fine associated with the changes. The Assistant Community Development Director responded that he is unsure. Vice Mayor Vella inquired whether an analysis has been done regarding the impact. The Assistant City Attorney responded that he would have to get back to Council on the answer to Vice Mayor Vella's question. Councilmember Oddie inquired if the swap does not go through, can the developer still build 589 units, to which the Assistant Community Development Director responded in the affirmative. Councilmember Oddie inquired whether the City's legal staff concurs with the Assistant Community Development Director. Regular Meeting Alameda City Council 18 December 19, 2017 | CityCouncil/2017-12-19.pdf |