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PLN17-0050 - Zoning Text Amendment for Second Units. Consideration of a Zoning Text Amendment for modification of regulations pertaining to Second Units (Accessory Dwelling Units), and related regulations, for compliance with State law. 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.
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To: Honorable President and Members of the Planning Board
From: Allen Tai, Planning Services Manager
Deborah Diamond, Consulting Planner
Re: PLN17-0050 - Zoning Text Amendment for Second Units. Consideration of a Zoning Text Amendment for modification of regulations pertaining to Second Units (Accessory Dwelling Units), and related regulations, for compliance with State law. 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.
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. On April 10, 2017, the Planning Board held a study session to discuss proposed amendments to the Alameda Municipal Code (AMC) to bring the zoning ordinance into compliance with the new State laws. The study session staff report is attached as Exhibit 1. Staff has now prepared a draft Ordinance amending the AMC and is requesting the Board’s recommendation of the Ordinance to the City Council (Exhibit 2).
ANALYSIS
As described in the attached staff report, the following specific amendments are required to comply with State law. The attached draft ordinance provides the proposed specific text changes to the AMC.
Changes Required to Comply with State Law:
1. Waive the parking requirement for ADUs:
a. Within an existing primary dwelling or an existing accessory structure.
b. Located within one-half mile of a public transit stop or station.
c. Located within an architecturally and historically significant historic district.
d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is a car share vehicle located within one block of the ADU.
2. Allow any required parking spaces to be located in a tandem configuration, in a side or rear setback area, or on a driveway.
3. Allow replacement parking for garages that are converted to ADUs to be located in any configuration on the lot.
4. Establish that no setback is required for an existing garage that is converted to an ADU unless it is necessary to meet fire and safety requirements.
5. Establish that no fire sprinklers or fire attenuation is required for an ADU if not required for the primary dwelling.
6. Establish that no paved path from the street to the ADU entrance is required.
7. Allow the creation of Junior Accessory Dwelling Units within a primary dwelling.
8. Allow ministerial review for window and door improvements associated with creation of ADUs.
9. Eliminate the “U” occupancy requirement for accessory buildings to allow converting such buildings to ADUs.
Remaining Issues and Recommendations:
On April 10th, the Planning Board discussed the following list of amendments and requested additional analysis and recommendation by staff. These amendments are not mandated under State law, but the new State laws raise important policy considerations regarding these current AMC requirements.
1. Maximum ADU size. State law establishes that ADUs shall not exceed 50% of the existing floor area of the primary dwelling and sets the maximum size at 1,200 square feet (sf). However, the state allows cities to establish a maximum unit size less than 1,200 sf as long as the requirement is not “burdensome on the creation of ADUs.” The California Housing and Community Development Department (HCD) estimates that typically ADUs statewide range in size between 800 and 1,200 sf. Currently, the maximum size for an ADU permitted in Alameda is 600 sf of habitable space with no specified limit on total maximum size.
Staff analyzed property data to determine how many ADUs might reach the maximum 1,200 sf cap. In Alameda, only 15% of single-family dwellings exceed 2,400 sf, which means that, at the most, 15% of ADUs in Alameda could achieve the maximum size of 1,200 sf. Furthermore, 58% of Alameda’s single-family dwellings are less than 1,700 sf. Therefore, it is likely that most future ADUs would be 850 sf or less (50% of 1,700 sf = 850 sf).
As discussed on April 10th, the maximum size for detached ADUs is further constrained by other development standards, such as lot coverage limitations. Additionally, accessory buildings (including detached ADUs) cannot cover more than 40% of the rear yard setback area in order to avoid creating the effect of a wall along a neighbor’s rear property line. Alameda’s current ADU regulations also stipulate a maximum impervious lot coverage of 60%. Because these regulations combined restrict the size of ADUs, staff recommends the Planning Board consider setting the ADU size limit as provided under State law as a way to maximize flexibility while not burdening the creation of ADUs.
Recommendation:
§ Adopt the standard under State law, which limits the maximum size of an ADU to 50% of the floor area (not habitable space) of the primary dwelling unit, and in no case to exceed 1,200 sf.
Alternatively, the Planning Board could recommend:
§ Same as above except limit the maximum floor area to a size smaller than 1,200 sf, such as 600 sf (current maximum), or other size.
2. Design Standard for Detached ADUs. The City’s current second unit regulations mandate that detached accessory structures echo the design of the existing dwelling, with:
“the same materials, colors and style as the exterior of the primary dwelling, including roof materials and pitch, eaves, windows, accents, distinctive features, and character defining elements”
On April 10th, the Planning Board suggested that there be more flexibility in the design of detached ADUs, in part to lower construction costs and enable the use of prototypical or prefabricated or manufactured homes. Regarding the latter, State law defines ADUs to include manufactured homes, but allows cities to establish their own design standards. Also, contemporary design can feature new energy saving technology or sustainable design, and non-traditional indoor and outdoor spaces. The City’s Guide to Residential Design provides guidance on how new construction should be evaluated in a neighborhood context:
“Many neighborhoods in Alameda have no one dominant style and, therefore, can accommodate a more eclectic range of architectural design. Other Alameda neighborhoods contain buildings of cohesive styles that cannot accommodate an overly eclectic range of architectural design.”
Staff believes this guidance can be applied as a standard to determine whether detached ADUs must match the primary dwelling or surrounding buildings, or whether a different architectural style is permitted. Those projects that do not meet the standard may then be evaluated through Design Review.
Recommendation:
§ Allow flexibility in the exterior design of detached ADUs through the following design criteria:
“The design of a detached accessory dwelling unit shall be subordinate to the primary dwelling in terms of massing, height and building footprint. The detached building shall exhibit residential character and complement the primary dwelling in terms of proportions, roof form, and basic architectural features. Where there is a clearly recognizable architectural style present in its immediate surroundings, the detached building should have the same architectural style and level of interest as the surrounding buildings. Where the immediate context is eclectic and no particular style of architecture is dominant, a greater degree of architectural variety may be established with the detached building.”
Alternatively, the Planning Board could recommend:
§ No change to the City’s existing design standard that detached accessory structures echo the design of the existing dwelling, with “the same materials, colors and style as the exterior of the primary dwelling, including roof materials and pitch, eaves, windows, accents, distinctive features, and character defining elements”.
3. Residential additions and the 750 sf rule for parking. Currently any residential addition of 750 sf or larger must include an additional parking space if the property does not meet the parking standard. This rule establishes a parking burden on homeowners who wish to add 750 sf of living area that is not required of a homeowner that wishes to build a 750 sf ADU.
Recommendation:
§ Eliminate the 750 sf rule for adding parking, except for dwellings that are enlarged to be 3,000 sf or larger.
Alternatively, the Planning Board could recommend:
§ Retaining the requirement for adding parking for residential additions over 750 sf.
§ Allow a parking exception through the use permit process.
4. Owner occupancy. Alameda does not currently require that the property owner to live on-site, either in the primary or accessory dwelling. The State Law does not require owner occupancy and such a requirement is extremely difficult to enforce. (Assessor’s records show that of the approximately 10,000 single-family dwellings in Alameda, 75% were owner-occupied in 2016.)
Recommendation:
§ Require owner occupancy only at the time of application to construct an ADU.
Alternatively the Planning Board could recommend:
§ Eliminating any requirement for owner occupancy.
5. Combined permitting for ADUs and residential additions. Previously, staff had recommended that applications for ADUs that are combined with other improvements to the property, such as an addition to the primary dwelling, be handled has separate application processes. The intent was to separate the review for large additions that require discretionary review (public noticing required) from the ministerial ADU review process (no public notice). Staff has now confirmed these projects can be reviewed under one planning application. Existing Design Review criteria would be applied to determine if the non-ADU component of the project requires Design Review. If Design Review is required, then the application will be reviewed through the normal Design Review process with neighbor notification. Review of the ADU and a two-story addition, for example, would be performed concurrently.
Recommendation:
§ Allow combined permitting for ADUs and additions and concurrent processing.
Staff recommends that the Planning Board recommend that the City Council approve the proposed Zoning Text Amendment related to ADUs. .
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
A public notice was published in the Alameda Journal on April 24, 2017. At the writing of this report two comment letters have been received (Exhibit 3).
RECOMMENDATION
That the Planning Board recommend that the City Council adopt the draft Text Amendment to the City of Alameda Zoning Ordinance (AMC Chapter 30) for Modification of Regulations Pertaining to Second Units (Accessory Dwelling Units), and Related Regulations, to Comply with State Law.
Respectfully submitted,
Allen Tai, Planning Services Manager and Deborah Diamond, Consulting Planner
Exhibits:
1. April 10 Study Session staff report
2. Draft Ordinance
3. Public correspondence