Title
Public Hearing to Consider Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter 30 (Zoning Ordinance) to Streamline Improvements to Existing Residential Properties and Minor Administrative, Technical, and Clarifying Revisions to the Zoning Ordinance Regarding Chimneys, Accessory Buildings, Windows, Existing Driveways and Parking, Non-Conforming Setbacks, Home Occupation Signage, and Other Miscellaneous Amendments. [The proposed amendments are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations]. (Community Development 481005) [Not heard October 4, 2016]
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Public Hearing to Consider Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter 30 (Zoning Ordinance) to Streamline Improvements to Existing Residential Properties and Minor Administrative, Technical, and Clarifying Revisions to the Zoning Ordinance Regarding Chimneys, Accessory Buildings, Windows, Existing Driveways and Parking, Non-Conforming Setbacks, Home Occupation Signage, and Other Miscellaneous Amendments. [The proposed amendments are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations]
BACKGROUND
Over the last five years, staff initiated amendments to the Zoning Ordinance in order to align development regulations with policy direction provided by the Planning Board and City Council. These amendments also removed inconsistencies between established regulations and current community expectations for development in Alameda.
The zoning text amendments currently proposed will streamline Planning review to reduce processing time and cost for homeowners on many routine home remodeling projects. The amendments primarily simplify regulations and memorialize existing practices. The Planning Board held public hearings on July 27, November 23, and December 14, 2015, and recommended City Council approve the proposed amendments. The proposed amendments are described below and included in the Ordinance
DISCUSSION
To encourage and facilitate investment by Alameda residents in their homes and Alameda’s beautiful, but aging, housing stock, the following Zoning Ordinance revisions were recommended by the Planning Board to streamline and improve the permitting process for minor home improvements. As a result of these amendments, Alameda homeowners will experience shorter and less expensive permitting requirements without jeopardizing the quality of the residential buildings or the City’s authority to prevent inappropriate design changes to the building stock. The proposed Design Review exemptions were coordinated with the Alameda Architectural Preservation Society, whose comments were incorporated into the draft ordinance language.
The proposed amendments would:
1. Exempt from Design Review chimney alterations and retrofits for safety purposes, and windows and patio doors, provided that the work does not alter a character defining feature of a listed historic resource and is not located on the front of the building. This exemption would alleviate homeowners from going through the Design Review process for retrofitting a chimney, window or patio door when the work is necessary to meet State building and safety codes. The new work must still meet certain design guidelines and historical preservation requirements, such as matching existing appearance or restoring a feature to its original form.
2. Clarify that all accessory buildings are limited to 15 feet in height not just accessory buildings in the side or rear yard. This amendment is not a substantive change, but a rewrite of the text for better readability.
3. Clarify that an accessory building may not occupy more than 40% or 400 square feet of the rear yard, whichever is greater. This amendment is not a substantive change, but a clarification of the existing code.
4. Clarify the existing tandem parking definition to include a configuration with as many as three (3) parking spaces in a long residential driveway for a single family home. This amendment is not a substantive change as tandem parking for up to three cars is already permitted, but rather the text is being revised to improve consistency between the definition and actual regulation on tandem parking.
5. Clarify that “floor area” does not include areas with less than a seven (7) foot ceiling height. The building code requires a seven foot ceiling height for living area. The proposed change will eliminate inconsistencies between the Zoning Ordinance and the building code and provide better accuracy in calculating floor area consistent with industry practice.
6. Clarify that existing residential driveways do not need to be widened to add a three (3) foot landscape buffer between parking spaces and the side property line and adjacent structures as a condition of modifying the existing building. The existing code recognizes that most residential driveways on the side of a house do not have space for a three-foot landscape buffer, and this amendment applies the same exception to parking spaces located in the driveway.
7. Clarify that residential additions along an existing non-conforming setback will be required to meet the standard setback if the addition will significantly increase shade or significantly reduce views from an adjacent property. The change adds criteria for determining significant shade impacts while recognizing that it is almost impossible to build a second story addition on a typical Alameda residential lot without creating some additional shade on the adjacent property.
8. Clarify that a home occupation business can have no more than one non-illuminated sign that is two-square-feet in size. This change eliminates a conflict between the home occupation regulations and the Sign Ordinance that was inadvertently created when the home occupation regulations were last updated.
9. Clarify that “substantial” construction must have begun on a project site in order to vest a Design Review approval. This change also specifies the Community Development Director’s role in granting extensions consistent with current practice. The current provision for vesting only requires construction to commence, which has raised questions in the past about what constitutes commencing construction when an approval has expired. This amendment also memorializes existing ministerial practice for granting permit extensions.
10. Update the Table of Zoning Designations to include the current Alameda Point zoning districts and match zoning abbreviation syntax throughout the Zoning Ordinance. This is a simple text clean-up of the Zoning Ordinance.
FINANCIAL IMPACT
There is no financial impact to the General Fund or any other fund to adopt an ordinance amending Chapter 30 of the Alameda Municipal Code (Zoning Ordinance) to streamline permitting for residential property improvements and other minor administrative, technical, and clarifying amendments.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The Zoning Ordinance is proposed to be amended consistent with the General Plan, Alameda Municipal Code, and State law.
ENVIRONMENTAL REVIEW
The proposed amendments are categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations.
RECOMMENDATION
Introduce an ordinance amending Chapter 30 of the Alameda Municipal Code (Zoning Ordinance) to streamline permitting for residential property improvements and other minor administrative, technical, and clarifying amendments.
Respectfully submitted,
Debbie Potter, Community Development Director
By,
Allen Tai, Planning Services Manager
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Previous Planning Board Reports on Proposed Amendments