Title
Public Hearing to Consider Introduction of Ordinance Amending Alameda Municipal Code Chapter XXX (Development Regulations) to Reinstate and Update Subsection a. Exceptions for Nonconforming Lots of Section 30-5.6 Building Site, Areas and Easements, as Recommended by the Planning Board.
Environmental Review: This action is statutorily exempt from environmental review pursuant to California Environmental Quality Act Guidelines Section 15061(b)(3). (Planning, Building and Transportation 20976710)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The proposed ordinance would reinstate a section in the Alameda Municipal Code (AMC) that was deleted during the updates to implement the Housing Element in 2023. The deleted code section (AMC Section 30-5.6(a)) provides building setback rules for small, non-conforming lots and primarily affects the ability for Alameda homeowners on small lots to be able to add to their existing homes. This public hearing provides an opportunity to review documents that were reviewed and recommended by the Planning Board with community input. Staff drafted an updated version of the deleted provisions with minor edits to improve clarity and to remove obsolete references. The Planning Board recommends that the City Council conduct a public hearing and introduce the Ordinance for adoption.
BACKGROUND
In 2023, the City of Alameda (City) amended the Zoning Ordinance to implement the 2023-2031 Housing Element. In the process, Subsection a. Exceptions for Nonconforming Lots of AMC Section 30-5.6 Building Site, Areas and Easements was amended by inadvertently deleting the key provisions governing building setbacks. The specific deleted provisions allowed homeowners with small, non-conforming lots (less than 5,000 square feet) to have proportionately smaller building setbacks (the distance between the property line and the building) than those on larger lots. The deleted provisions, which had been in place since 1958, are necessary to provide flexibility in setback requirements, primarily affecting residential additions or expansions to existing homes on small lots. It reduced the burden on homeowners who would otherwise have to obtain a variance, which is a more complex process involving public hearings, making hardship findings, and associated application expenses. There is currently an application for Design Review that is impacted by the absence of the provisions proposed to be reinstated.
The Planning Board held a public hearing on April 22, 2024, and made a recommendation to City Council to reinstate the deleted provisions as proposed by staff (Exhibit 1).
DISCUSSION
The proposed amendment would restore the section “Exceptions for Nonconforming Lots” (Subsection a. of AMC Section 30-5.6) in the zoning code. Staff updated the previously deleted provisions with minor edits for clarity and to remove outdated references. Specifically, the changes replace the 1958 threshold for non-conforming lots with language stating that any legally established lot that does not conform is considered non-conforming, as follows:
30-5.6 Building Site, Areas and Easements
[Text proposed]
a. Exceptions for Non-Conforming Lots. Any lot of record that does not conform to current lot area, width, depth, and/or frontage requirements is subject to the following minimum required yards, unless a smaller yard is required by the current regulations.
[Deleted text to be restored]
1. Interior Lots. The following regulations apply to non-conforming interior lots.
A. Front Yard. The front yard of a lot less than one hundred (100’) feet deep shall be equal to the average of the setback of the adjoining properties having the same frontage. In computing the average, any adjoining setback greater than twenty (20’) feet shall be considered as twenty (20’) feet; provided, further, that in the absence of a building on the adjoining property, such property shall be assumed to have a setback of twenty (20’) feet.
B. Rear Yard. The rear yard of a lot less than one hundred (100’) feet deep shall be twenty (20%) percent of the average lot depth of the subject lot, but in no case less than twelve (12’) feet.
2. Corner Lots. The following regulations apply to non-conforming corner lots.
A. Front Yard. As regulated in paragraph a.1.A., except that on the street-side side yard the adjoining setback shall be assumed to be twenty (20’) feet.
B. Rear Yard. As regulated in paragraph a.1.B.
Exhibit 1 provides a clean version of the existing and proposed regulations and Exhibit 2 provides a strikeout/underlined version of the proposed amendments.
ALTERNATIVES
• Adopt the ordinance as recommended by the Planning Board.
• Direct staff to make modifications to the amendments.
• Do not adopt the proposed ordinance. Not adopting the proposed ordinance would likely deprive Alameda property owners with lots less than 5,000 square feet in size the ability to build additions to their homes because they would need to meet standard setbacks designed for lots that are 5,000 square feet and larger. Instead, these property owners would be required to apply for a variance, pay for associated expenses, and the City must make hardship findings to approve.
FINANCIAL IMPACT
Clarifications to standards and simplified thresholds for determining nonconformity may result in a modest reduction in staff time and applicant cost to review projects involving nonconforming lots. Otherwise, the proposed ordinance has no impact on City funds.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This amendment to restore the Alameda Municipal Code section 30-5.6(a) is consistent with State law, Housing Element Goals 1 and 2, and the City’s FY 2023-2026 Strategic Plan, Project HH8d: Improve and streamline design review and building permit processes for housing per State law.
ENVIRONMENTAL REVIEW
The adoption of an ordinance to clarify the zoning code is covered by the common-sense exemption. The California Environmental Quality Act (CEQA) applies only to projects with the potential for causing a significant effect on the physical environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect, the activity is not subject to CEQA (CEQA Guidelines § 15061(b)(3)). Adoption of amendments to restore setback provisions for nonconforming lots of the Development Regulations Chapter of the Alameda Municipal Code is not expected to have any effect of the environment, as there is no intent to increase the development potential of any property beyond what is otherwise allowed for conforming properties.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Conduct a public hearing to consider introduction of ordinance amending AMC Chapter XXX (Development Regulations) to reinstate and update subsection a. Exceptions for Nonconforming Lots of AMC section 30-5.6 Building Site, Areas and Easements, as recommended by the Planning Board.
Respectfully submitted,
Allen Tai, Planning Building and Transportation Director
By,
Steven Buckley, Planning Services Manager
Tristan Suire, Planner II
Financial Impact section reviewed,
Margaret O’Brien, Finance Director
Exhibits:
1. Clean Version
2. Strikeout / Underline Version