Title
Proposed Text Amendments to the City of Alameda Zoning Ordinance (AMC Chapter 30) regarding permit streamlining for residential property improvements and other miscellaneous administrative, technical, and clarifying amendments. Public hearing to consider zoning text amendments that would streamline permitting for residential property improvements and other minor administrative, technical and clarifying amendments to improve usability of the zoning regulations. The proposed amendments are categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations.
Body
BACKGROUND
On July 27, 2015, the Planning Board approved staff-recommended zoning text amendments to streamline regulations and permitting for existing Alameda homes. The amendments are intended to simplify regulations and memorialize existing interpretations and practices. The approved amendments include:
1. Design Review exemption for rooftop chimney safety work.
2. Clarifying the definition of Floor Area used to determine required parking.
3. Allowing extension of driveways and parking with nonconforming landscaping.
4. Clarifying the vesting process for Design Review approvals.
5. Administrative corrections to the Table of Zoning Designations.
This report presents a second series of text amendments. The proposed amendments follow the same objective to streamline Planning review in order to save time and money for homeowners on routine or small improvements. Staff is requesting Planning Board consideration of these amendments, after which they will be presented as a single package to the City Council for approval. The Planning Board's responsibility is to hold a public hearing and make a recommendation on the draft ordinance to the City Council. After taking public comment, the Planning Board may recommend approval of all, some, or none of the proposed amendments to the City Council.
ANALYSIS
This second round of proposed text amendments includes:
1. Revisions to Second Unit Ordinance and Accessory Building regulations.
2. New Design Review exemption for Windows and Patio Doors.
3. Resolving conflicting rules for Home Occupation signs.
1. Second Unit Ordinance and Accessory Building regulations.
Facilitating second units is an effective way to help address Alameda’s need for senior housing and affordable housing units for small households. However, Alameda’s current Second Unit Ordinance has facilitated less than one unit per year since its adoption in 2003.
On September 28, 2015, staff presented proposed amendments to the Second Unit Ordinance to lower the eligibility requirements to encourage more second units. Part of the revisions to the ordinance include aligning it with the accessory building regulations and to add the ability for accessory buildings to be converted into second units. Specifically, the revisions to the ordinance would do the following:
• Clarify that second units are permitted in all residential zoning districts on properties with a single family home.
• Reduce the minimum lot size requirement from 7,500 square feet to 4,000 square feet in size.
• Clarify that the second unit and the single family home must provide a minimum of two independently accessible parking spaces.
• Eliminate existing conflicts between the provisions for detached second units and the existing provisions for accessory buildings in residential districts.
The Planning Board supported the revisions as proposed and directed staff to further consider the following:
1. Increasing the Maximum Size: Second units are currently capped at a maximum size of 600-square-feet. At the direction of the Planning Board, staff proposes increasing the maximum size of second units up to 700 square feet, which provides an appropriately-sized one-bedroom unit while staying true to the concept of a small “granny or in-law unit” that would not have impacts on adjacent properties. The 700-square-foot limit is also under the 750-square-foot threshold for which a review of off-street parking is triggered for expansions to existing residential units. Property owners wishing to build larger second units have the option to apply for a Use Permit or comply with other zoning regulations for adding residential units to properties in a multi-family zoning districts.
2. Allow Tandem Parking for the Primary and Second Unit: Under the Zoning Ordinance, tandem parking may be used to satisfy parking requirements provided that both spaces serve the same unit. Tandem parking is justified when the use of tandem parking can be coordinated by members of the same household. Otherwise, the coordination of tandem parking between two households can be challenging, and may result in residents of one of the two units using on-street parking instead of the tandem off street parking space. For this reason, staff does not recommend allowing parking for the second unit to be in a tandem configuration with the primary unit. The staff proposal allows a second unit on properties that already have or can establish two independent parking spaces.
In conclusion, staff believes that the proposed revisions provide the correct balance between the City's General Plan policy to facilitate the creation of small secondary units and the General Plan policy to preserve the high quality of life and minimize impacts from new development in existing Alameda neighborhoods.
2. Design Review Exemption for Windows and Patio Doors.
One of the most common improvements undertaken by homeowners in Alameda is work related to windows and patio doors. In 2014, Alameda homeowners applied for 540 permits for window improvements, and approximately 20% (over 100 applications) triggered Design Review. The Design Review process imposes additional costs and time on the residential permit applicants.
The current list of Design Review Exemptions gives deference to well-designed architectural restoration work, replacement-in-kind work, and small improvements occurring on the first story at the rear of the building. The absence of a Design Review exemption for common, routine improvements to windows and patio doors have generated complaints by homeowners in the Permit Center. Homeowners are most frustrated when they choose to invest in upgrading substandard windows in their home only to be told they must 1) enlarge the window opening to meet current California Building Code egress requirements, and that 2) the required change in the size of the window triggers an additional Design Review permit. Similar situations arise with bathroom and kitchen remodels, where the window opening must be adjusted to accommodate interior cabinetry and fixtures.
Staff recommends adding a new Design Review exemption specifically for window and patio door improvements, provided that the opening is not on a street-facing elevation, and the resulting design complies with adopted design guidelines for visual compatibility with the building. The proposed language of the exemption includes performance criteria to protect original unique features on some historic buildings while ensuring that new improvements achieve specific window design outcomes set forth in the Design Review Manual. The performance criteria also maintains discretionary review on proposals that involve creating new floor area, such as basement and attic conversions. A distinction is made between patio doors and standard doors in order to maintain City oversight on the location of primary entrances, which have an effect on the overall character of a building. With this exemption, staff review of the proposed window/patio door work will occur over-the-counter.
The Alameda Architectural Preservation Society provided input on this exemption, which was incorporated into the proposed text amendment. Specifically, staff is recommending the following text be added to the list of Design Review exemptions in Section 30-37.2.b.:
“Window and patio door improvements, including new installation, removal, relocation, or resizing of existing openings, provided the improvement:
A. Is not located on a front or street side elevation.
B. Is not associated with the creation of new floor area.
C. Does not alter any original or other architecturally significant character-defining features, such as stained glass, decorative arches and other special treatment.
D. Is made of materials that outwardly have the same dimensions, proportions, details, and textures of the original architectural style of the structure and that outwardly appear unchanged from the original architectural style. If the original design of a structure and/or element is removed or altered or if the original design elements are not known, the improvement shall be consistent with the treatment of substantially altered buildings as set forth in the City of Alameda Design Review Manual.”
3. Resolve conflicting rules for Home Occupation signs.
Each year, the City issues over 200 home occupation permits to Alameda residents who operate a small business in their home. This has been a steady trend for the past 15 years as technology expands the capacity for mobile and at-home workplaces.
Conflicting provisions for Home Occupation signs currently exist between the Home Occupation regulations in Section 30-2 of the Zoning Ordinance, which allows one (1) non-illuminated sign, and Sign Ordinance section 30-6.3.c.1.d, which prohibits such signs. Staff believes this conflict was inadvertently created when the Home Occupation regulations were last updated to allow one sign and a corresponding update not being made to the Sign Ordinance. Therefore, staff recommends the Sign Ordinance be modified to match the Home Occupation regulations to allow one (1) sign while specifying the maximum size permitted not to exceed two (2) square feet, which provides a small sign for business identification that is not large or intrusive in a residential setting.
Specifically, staff is recommending the following text in Section 30-6.3.c.1.d of the Sign Ordinance be revised as follows:
“(d) Home Occupation: No signs One (1) non-illuminated sign not exceeding two (2) square feet in area shall be allowed.”
ENVIRONMENTAL REVIEW
The proposed amendments to the Zoning Ordinance regarding residential permit streamlining are categorically exempt under California Environmental Quality Act (CEQA) Section 15305 - Minor Amendments to Land Use Limitations. The proposed amendments regarding Second Units are Statutorily Exempt from the requirements of CEQA pursuant to Section 15282(i) of the CEQA Guidelines, which exempts the adoption of ordinance revisions to comply with Government Code Section 65852.2 (AB 1866 - Second Unit Law).
PUBLIC NOTICE AND COMMENTS
Because these Zoning Ordinance amendments are citywide in nature, the public hearing was advertised in the newspaper and posted on the City website. The proposed Design Review exemption for windows and patio doors was coordinated with the Alameda Architectural Preservation Society.
RECOMMENDATION
Hold a public hearing and recommend by motion that the City Council adopt the Draft Ordinance amending Chapter 30 of the Alameda Municipal Code (Exhibits 1 and 2).
Respectfully submitted,
Allen Tai
Planning Services Manager
Exhibits:
1. Draft Second Unit Ordinance and Accessory Building Regulations
2. Draft Ordinance for Residential Permit Streamlining Amendments