1. Voluntary Accessibility Program Ordinance/ LCP Amendment Coastal Commission Item #9b City of San Diego LCPA 3-11 November 4, 2011 Coastal Commission Item #9b City of San Diego LCPA 3-11 November 4, 2011

2. Overview Accessible design benefits people of all ages and abilities May 11, 2010- San Diego adopted the VAP incentive program to encourage voluntary development of accessible units Program incentives are limited to what is needed to provide accessible design No change to existing protection of coastal resources Accessible design benefits people of all ages and abilities May 11, 2010- San Diego adopted the VAP incentive program to encourage voluntary development of accessible units Program incentives are limited to what is needed to provide accessible design No change to existing protection of coastal resources

3. VAP Accessible Unit Types Will achieve greater variety of accessible unit types (single dwellings, duplexes…) Units must meet standard for Tier I or II Tier I: Accessible dwelling units –Flexibility to adapt to occupant needs as they change over time Tier II: “Visitable” units –Accessible primary entry level to accommodate visitors regardless of ability Will achieve greater variety of accessible unit types (single dwellings, duplexes…) Units must meet standard for Tier I or II Tier I: Accessible dwelling units –Flexibility to adapt to occupant needs as they change over time Tier II: “Visitable” units –Accessible primary entry level to accommodate visitors regardless of ability

4. How the VAP Program Works Dwelling units that are voluntarily designed to be accessible are granted incentives from explicit list in Section 145.4003 Type/number of eligible incentives is based on the level of accessibility of the units –Tier I units are eligible for more incentives than Tier II Incentives exempt from PDP or Variance –These permits would otherwise be required to deviate from a development regulation –All other permit types and regulations still apply to the development as a whole Dwelling units that are voluntarily designed to be accessible are granted incentives from explicit list in Section 145.4003 Type/number of eligible incentives is based on the level of accessibility of the units –Tier I units are eligible for more incentives than Tier II Incentives exempt from PDP or Variance –These permits would otherwise be required to deviate from a development regulation –All other permit types and regulations still apply to the development as a whole

5. Required Permits Coastal development with deviation(s): Coastal Development Permit Site Development Permit (if ESL on premises) Planned Development Permit or Variance (for deviations) If deviation is only for eligible VAP incentive: Coastal Development Permit Site Development Permit (if ESL on premises) No PDP or Variance required per VAP program

6. VAP Program Incentives Adopted list of VAP incentives is finite –Incentives are limited to what is necessary for accessible design –There is no flexibility for any unlisted incentive to be granted through the VAP Program –Requests for reasonable accommodations per state law would be ineligible for VAP program Incentives do not allow for deviation from a public view corridor, ESL requirement (including coastal bluff setback), or other LCP policy Adopted list of VAP incentives is finite –Incentives are limited to what is necessary for accessible design –There is no flexibility for any unlisted incentive to be granted through the VAP Program –Requests for reasonable accommodations per state law would be ineligible for VAP program Incentives do not allow for deviation from a public view corridor, ESL requirement (including coastal bluff setback), or other LCP policy

7. Qualities of Accessible Design Access to the dwelling unit Unobstructed path to unit from sidewalk/driveway Accessible (no-step) entrance into dwelling unit Access within primary entry level of unit Wider hallways and doorways Doors and light switches requiring little physical effort to operate Accessible bathroom or powder room Kitchen on accessible route of travel Access to the dwelling unit Unobstructed path to unit from sidewalk/driveway Accessible (no-step) entrance into dwelling unit Access within primary entry level of unit Wider hallways and doorways Doors and light switches requiring little physical effort to operate Accessible bathroom or powder room Kitchen on accessible route of travel

8. List of Development Incentives Floor area ratio bonus (max 5% per VAP unit) Parking deviations (no overall parking reduction) Zoning setback deviations (maximum 10%) Lot coverage deviations (maximum 10%) Height deviations (for elevators/lifts only; no deviation to coastal height limit; maximum 10%) Landscape deviations (for accessible path of travel only) Density bonus (only if 100% Tier I units and minimum 10 units; bonus is 5% of eligible units) Floor area ratio bonus (max 5% per VAP unit) Parking deviations (no overall parking reduction) Zoning setback deviations (maximum 10%) Lot coverage deviations (maximum 10%) Height deviations (for elevators/lifts only; no deviation to coastal height limit; maximum 10%) Landscape deviations (for accessible path of travel only) Density bonus (only if 100% Tier I units and minimum 10 units; bonus is 5% of eligible units)

9. Regulations will continue to Protect Coastal Resources No change is proposed to environmentally sensitive lands regulations –ESL regulations continue to apply to any development with ESL on the premises (143.0110) No change to coastal development permit requirements, findings, or coastal policies –Only change to coastal regulations with this action would be to exempt the explicit list of incentives in Section 145.4003 from a Planned Development Permit or Variance No change is proposed to environmentally sensitive lands regulations –ESL regulations continue to apply to any development with ESL on the premises (143.0110) No change to coastal development permit requirements, findings, or coastal policies –Only change to coastal regulations with this action would be to exempt the explicit list of incentives in Section 145.4003 from a Planned Development Permit or Variance

10. Coastal Development Regulation Coastal development must comply with following: –No encroachment upon existing physical access way –Enhance/protect public views specified in land use plans –No adverse affect to environmentally sensitive lands –Comply with public access and recreation policies for coastal development between the nearest public road and the sea Deviations from ESL couldn’t be approved for VAP –Deviations only allowable if economically viable use would otherwise be denied Coastal development must comply with following: –No encroachment upon existing physical access way –Enhance/protect public views specified in land use plans –No adverse affect to environmentally sensitive lands –Comply with public access and recreation policies for coastal development between the nearest public road and the sea Deviations from ESL couldn’t be approved for VAP –Deviations only allowable if economically viable use would otherwise be denied

11. Addressing CCC Staff Analysis No evidence of conflict or inadequacy is provided Staff claims one could argue that the absence of a reference to ESL or LCP in list of incentives means City intended to allow impacts thereto, however: –City’s code lists what you can do- code doesn’t repeat what can’t be done in each new ordinance –Compliance with ESL and LCP is mandatory –Voluntary program only allows for limited deviation per specified list & exemption from PDP/Variance –Ordinance does not modify or exempt development from ESL or coastal regulations– City will provide same level of protection of coastal resources No evidence of conflict or inadequacy is provided Staff claims one could argue that the absence of a reference to ESL or LCP in list of incentives means City intended to allow impacts thereto, however: –City’s code lists what you can do- code doesn’t repeat what can’t be done in each new ordinance –Compliance with ESL and LCP is mandatory –Voluntary program only allows for limited deviation per specified list & exemption from PDP/Variance –Ordinance does not modify or exempt development from ESL or coastal regulations– City will provide same level of protection of coastal resources

12. Action Requested on Item 9b Certify LCP Amendment 3-11 as submitted VAP ordinance conforms with certified LCP and will implement all coastal policies –Will increase access to coastal resources by facilitating new accessible units in the coastal zone –No negative impacts to coastal resources Suggested modification will unnecessarily add processing costs for City and Coastal Commission –Ordinance was adopted May 11, 2010 (18 months ago) Certify LCP Amendment 3-11 as submitted VAP ordinance conforms with certified LCP and will implement all coastal policies –Will increase access to coastal resources by facilitating new accessible units in the coastal zone –No negative impacts to coastal resources Suggested modification will unnecessarily add processing costs for City and Coastal Commission –Ordinance was adopted May 11, 2010 (18 months ago)

14. Tier I: Accessible Dwelling Units Comply with CBC accessibility requirements –Provide accessible design and adaptable design features on primary entry level (i.e. adjustable cabinets/counters, reinforced walls for grab bars) –Accessible kitchen for all units (includes multi-story) –Accessible parking/loading area Single dwelling units/duplexes shall provide 14’ x 18’ off-street space (maximum ¼ inch slope) Multiple dwelling units shall comply with CBC requirements Comply with CBC accessibility requirements –Provide accessible design and adaptable design features on primary entry level (i.e. adjustable cabinets/counters, reinforced walls for grab bars) –Accessible kitchen for all units (includes multi-story) –Accessible parking/loading area Single dwelling units/duplexes shall provide 14’ x 18’ off-street space (maximum ¼ inch slope) Multiple dwelling units shall comply with CBC requirements

15. Tier II: Visitable Units Comply with modified set of accessible standards Accessible path to unit from sidewalk or driveway Accessible dwelling unit entrance Accessible doorways and hallways (32-inch clearance) Accessible (low effort) doors and electrical outlets Accessible full or ½ bathroom on primary entry level Accessible kitchen on primary entry level Accessible common use room on primary level (i.e. living room or family room) Comply with modified set of accessible standards Accessible path to unit from sidewalk or driveway Accessible dwelling unit entrance Accessible doorways and hallways (32-inch clearance) Accessible (low effort) doors and electrical outlets Accessible full or ½ bathroom on primary entry level Accessible kitchen on primary entry level Accessible common use room on primary level (i.e. living room or family room)

16. Incentive Program Each Tier I unit –FAR bonus (5%) and choice of incentive from list Each Tier II unit –FAR bonus (5%) or choice of incentive from list If 50% or more eligible units voluntarily accessible: –Eligible for expedite processing If 100% of eligible units meet Tier I requirements: –FAR bonus (5%) and 1 incentive from list –Eligible for expedite processing –Additional incentive from list if 10 or more Tier I units –Density bonus (5% of eligible units) Each Tier I unit –FAR bonus (5%) and choice of incentive from list Each Tier II unit –FAR bonus (5%) or choice of incentive from list If 50% or more eligible units voluntarily accessible: –Eligible for expedite processing If 100% of eligible units meet Tier I requirements: –FAR bonus (5%) and 1 incentive from list –Eligible for expedite processing –Additional incentive from list if 10 or more Tier I units –Density bonus (5% of eligible units)

17. Density Bonus (max 5%) Not expected to occur in coastal zone To be eligible for density bonus the project: –Must include 100% Tier I accessible units, –Must meet maximum density of the underlying base zone, and –Per rules for rounding up/down in City’s certified IP, one bonus unit would be awarded for: Every 20 Tier I units of single dwelling unit product Every 10 Tier I units of multi dwelling unit product Not expected to occur in coastal zone To be eligible for density bonus the project: –Must include 100% Tier I accessible units, –Must meet maximum density of the underlying base zone, and –Per rules for rounding up/down in City’s certified IP, one bonus unit would be awarded for: Every 20 Tier I units of single dwelling unit product Every 10 Tier I units of multi dwelling unit product

18. PDP Findings Development will not adversely affect the applicable land use plan Development will not be detrimental to the public health, safety, and welfare Development will comply with the LDC Development when considered as a whole will be beneficial to the community Deviations are appropriate for location and will result in a more desirable project than would be achieved if designed in strict conformance with the development regulations of the applicable zone Development will not adversely affect the applicable land use plan Development will not be detrimental to the public health, safety, and welfare Development will comply with the LDC Development when considered as a whole will be beneficial to the community Deviations are appropriate for location and will result in a more desirable project than would be achieved if designed in strict conformance with the development regulations of the applicable zone