Title
Study Session to Consider Draft Text Amendment to the City of Alameda Zoning Ordinance (AMC Chapter 30) for Modification of Regulations Pertaining to Second Units (Accessory Dwelling Units), Accessory Structures, and Residential Parking Requirements for Additions of Floor Area to Comply with State Law. The proposed amendments are Statutorily Exempt from the California Environmental Quality Act pursuant to Section 15282(h).
Body
To: Honorable President and Members of the Planning Board
From: Andrew Thomas, Assistant Community Development Director
Allen Tai, Planning Services Manager
Deborah Diamond, Project Planner
BACKGROUND
On September 27, 2016, Governor Brown signed three bills into law (AB 2299, SB 1069, and AB 2406), which modify State regulations related to accessory dwelling units (ADUs) in Government Code Section 65852.2. The State legislation is intended to address the current statewide housing crisis and increase affordable housing availability by streamlining local government approvals for the creation of ADUs also commonly referred to as "secondary units" or "granny flats".
The new State laws establish development standards for the regulation of ADUs by local government. Any existing local regulations that are inconsistent with the new State laws became null and void in January and are replaced by the relevant provisions of State law. Existing provisions that are consistent with State law or are not in conflict with State law may remain in effect. The State Department of Housing and Community Development (HCD) recently published a memorandum intended to provide further guidance on implementation of the new State laws. It can be found at: <http://www.hcd.ca.gov/policy-research/docs/2016-12-12-ADU-TA-Memo.docx.pdf> .
The purpose of the Alameda Municipal Code (AMC) amendments described in this report is to bring the City of Alameda's local regulations into conformance with State law. As of January 1, 2017, the City began implementing the new State laws as required, and since the beginning of the year two ADUs have been approved under the new regulations.
The proposed changes are described below generally, and the specific changes are shown in Exhibit 1. In addition, the recent changes to State law require that the Planning Board re-examine residential parking requirements for residential additions of 750 square feet or more.
Staff is requesting that the Planning Board and community at large review and comment on the proposed ordinance amendments. Based upon the comments received, staff will make the necessary adjustments and return for a future Planning Board hearing and recommendation to the City Council.
DISCUSSION:
An ADU is a second dwelling unit on a lot with a single-family home. Unlike a duplex, the ADU is subordinate to the primary dwelling. Specifically, it is smaller in size. Only one ADU is allowed per lot. An ADU provides complete independent living facilities for one or more persons. It may be a unit that converts existing space within the primary dwelling, an addition to the primary dwelling, or an accessory building on the lot.
Alameda's ADU regulations were last updated in 2010. The current regulations establish certain standards that must be met to allow the property owner to apply for a Building Permit to construct an ADU on their property. If an applicant cannot meet the standards established under the current code, the current code allows the applicant to apply for a Use Permit to waive the specific requirement that is limiting their ability to apply for a Building Permit. Between 2010 and 2016, the existing regulations have resulted in only two new ADUs in Alameda. For comparison, the City lost six units during the same period from the conversion of multi-family units to single family homes.
The proposed amendments to the City's existing code would maintain the basic structure of the ordinance, but modify those requirements for a building permit that were rendered null and void in January by the new State laws. Specifically:
Minimum Lot Size: Under State law, the ADU is accessory to the primary residential unit. Therefore, the local land use regulations may require that the ADU respect the same development standards as the primary unit (e.g. same height limit, same setbacks, etc.), but local land use regulations cannot impose more restrictive standards for the ADU that do not apply to the main residential unit.
Under current AMC 30-4.1.a.9(c), ADUs are only permitted on properties with a lot size of 7,500 square feet. The minimum required lot sizes in most Alameda neighborhoods for the primary residential unit is 5,000 or less. This regulation and similar local laws that limit housing density are now invalid under the recent State Legislation for the purpose of ADUs. The draft amendments strike the minimum lot size requirement from the local regulations. The result of the change is to allow an ADU on any residential lot that is occupied by a single family home.
Parking: State law mandates that local governments have flexibility in parking configuration, by allowing tandem parking on an existing driveway and to permit parking in setback areas unless there are safety considerations. Furthermore, State law specifies that when an ADU displaces garage parking, that the replacement spaces be “in any configuration, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces.” Furthermore, State laws specify that ADUs must be exempt from parking requirements in any of the following situations:
• The ADU is located within one-half mile of public transit.
• The ADU is located within an architecturally and historically significant historic district.
• The ADU is part of the existing primary residence or an existing accessory structure.
• When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
• When there is a car share vehicle located within one block of the accessory dwelling unit.
The City's current regulations require a single, independent parking space for an ADU. In Alameda, most residential properties are within one-half mile of public transit. The draft amendments bring the code into compliance with State Law by specifying that additional parking is not required for an ADU that meets any of the above criteria.
ADU Size: The State law establishes certain requirements to allow a dwelling unit to be considered an ADU under State law. Dwelling units larger than 1,200 square feet in size or larger in size than the main residential dwelling are not ADUs, under State Law. State Law does not limit the City's ability to establish a maximum unit size.
The current City regulations limit ADUs to 600 square feet of "habitable area". Although this provision is not in conflict with State law, staff is recommending that the provision be amended to limit ADU's that are attached or within the primary dwelling to 750 square feet of "floor area". Detached ADUs, such as a rear-yard cottage, would remain at a maximum of 600 square feet. In either case the size would be further limited to a maximum of 50 percent of the floor area of the primary dwelling. Floor area includes all habitable area as well as closets, storage areas, etc. Measuring by floor area simplifies and clarifies the permitting process for both applicants and staff. Staff is also recommending the elimination of the current minimum floor area requirement of 350 square feet, because minimum living space accommodations are already established under the California Building Code.
Accessory Buildings and “U” Occupancy: Under State law, ADUs cannot be prohibited from being located in accessory structures and detached garages. HCD describes this provision of the law as facilitating conversion of accessory structures and garages as a low cost method to create new housing in California. Under current AMC provisions, accessory structures must conform the Building Code definition of a “U” (utility) occupancy classification. This classification is intended for utility or storage buildings and garages and precludes habitable space as home offices, art studios, or living space. Therefore, Alameda’s “U” occupancy requirement is now in conflict with State law. Staff is recommending that the “U” occupancy requirements be removed from the definition of accessory buildings.
Design Review: Under State Law, local governments may apply design standards provided they are not onerous to the creation of the ADU and that the application review process is ministerial. Ministerial review means there will be no public noticing period and the decision of the application is not appealable. The City of Alameda has adopted residential design review standards, which may be reviewed ministerially by staff. The City’s current list of project types that are exempt from Design Review already includes an exemption for Second Units. Staff recommends substituting the words “Second Units” with “Accessory Dwelling Units” throughout the Zoning Ordinance for consistency.
Residential Additions that Trigger More Parking (the 750 Rule):
Under the current parking code, residential additions of 750 square feet or more must create an additional off-street parking space on the property, if the property does not currently meet the off-street parking requirements. Where the addition increases the floor area of the home to 3,000 square feet or more, the ordinance mandates three parking spaces for that single family home. Many properties in Alameda do not meet the parking requirement for two off-street parking spaces. Under the current Zoning Ordinance, a variance is required to waive the parking spaces, but a variance is a difficult standard to meet due to mandatory findings requiring exceptional physical site characteristics and hardship that are typically applicable only to odd-shaped lots and unusual site configurations. In February 2017, the Planning Board asked staff to consider ways to relieve to this restriction as part of its deliberation of a similar project on Court Street.
The new State laws regarding ADUs force the City to question the "750 rule" as follows:
If a property owner can add 600 or 750 square feet of living space for an ADU without adding a parking space, why can't that same property owner add 600 or 750 square feet of living space for his or her own family without adding a parking space?
Staff recommends that the Planning Board review and discuss the following options for consideration:
1. Eliminate the 750 Rule. Eliminating the requirement for additional parking for living space would be consistent with a number of recent State laws with the intent of increasing housing opportunities in urban areas of the State and laws intending to reduce dependence on fossil fuels and vehicle miles travelled. Many residents choose to use their private garage for storage of items other than an automobile. Some choose to park on the street rather than navigate a long, narrow driveway. Others choose to use their driveways for open space, play areas, or gardens. Eliminating the 750 Rule would acknowledge that parking habits are a behavior that may or may not reflect how a physical on-site required parking space is actually used.
The Board should also consider that the 750 rule has an indirect effect on limiting the size of residential additions as homeowners try to avoid triggering the additional parking requirement. Eliminating the 750 Rule completely would remove a key factor that currently limits the size of residential additions.
2. Retain the 750 Rule but exempt ADU’s. This option would retain the 750 Rule for residential additions to the primary dwelling but exempt new floor area created for ADUs.
3. Creation New Exemption to the 750 Rule. To be considered with Option 2 above, the Planning Board could create a new exemption to the 750 Rule that would apply when residential additions satisfy one or more of the following:
a) Accompanied by a petition signed by 50% of the residents of the block stating no opposition to the proposal,
and/or
b) The property is located within ¼ mile of a transit stop,
and/or
c) Accompanied by a use permit (includes noticing for all properties with 300 feet of property) in which the Zoning Administrator determines that the addition would not result in significant parking shortages in the neighborhood. Zoning Administrator decisions may be appealed to the Planning Board, they may be called for review by the Planning Board, or they may be referred to the Planning Board by the Zoning Administrator.
ENVIRONMENTAL REVIEW
The proposed amendments are Statutorily Exempt from the requirements of CEQA pursuant to Section 15282(h) of the CEQA Guidelines, which exempts the adoption of ordinance revisions to comply with Government Code Section 65852.2.
PUBLIC NOTICE and Comments
On March 17, 2017, a notice of this study session was placed in the newspaper and published on the City website.
RECOMMENDATION
Review and comment on the draft Ordinance amendments included in Exhibit 1. Provide direction to staff on the 750 rule.
Respectfully submitted,
Andrew Thomas, Assistant Community Development Director
By,
Allen Tai, Planning Services Manager
Deborah Diamond, Project Planner
Exhibit:
1. Draft Ordinance