Title
Public Hearing to Consider Introduction of Ordinance Amending the Alameda Municipal Code by Amending Regulations Pertaining to Second Units/Accessory Dwelling Units (ADU), and Related Regulations, for Compliance with State Law. (Community Development 481005)
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 Regulations Pertaining to Second Units/Accessory Dwelling Units (ADU), and Related Regulations, for Compliance with State Law
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. This State legislation is intended to address the current statewide housing crisis and increase affordable housing opportunities by removing barriers and streamlining the approval process for the creation of ADUs (also commonly referred to as "secondary units" or "granny flats").
Any existing City regulations that are inconsistent with the new State laws became null and void as of January 1, 2017, and are replaced by the relevant provisions of State law. 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.
The Planning Board held a study session on April 10, 2017, to discuss the amendments, and on May 22, 2017, voted (5-1) to recommend that the City Council adopt the draft text amendment to modify regulations pertaining to ADUs.
DISCUSSION
The proposed amendments to the Alameda Municipal Code would maintain the basic structure of the existing Second Units regulations, but modify the regulations that are not in compliance with the new State laws. These are as follows:
Changes Required to Comply with State Law:
1. Change the name of Second Unit to Accessory Dwelling Unit and define according to State law.
2. Waive the parking requirement:
a. If the ADU is within an existing primary dwelling or an existing accessory structure.
b. If the ADU is located within one-half mile of a public transit stop or station.
c. If the ADU is located within an architecturally and historically significant historic district.
d. When an on-street parking permit program is in place but a parking permit is not offered to the occupant of the ADU.
e. When there is a car share vehicle located within one block of the ADU.
3. If the ADU does not qualify for any of the waivers in section 2 above, cities must count any parking spaces in tandem configuration, located on a driveway or in a side yard or rear yard setback area towards meeting the parking requirement.
4. Allow replacement parking for garages that are converted to ADUs to be located in any configuration on the lot.
5. 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.
6. Establish that no fire sprinklers or fire attenuation is required for an ADU if not required for the primary dwelling.
7. Establish that no paved path from the street to the ADU entrance is required.
8. Allow the creation of Junior Accessory Dwelling Units within a primary dwelling.
9. Allow ministerial review for exterior improvements associated with creation of ADUs.
10. Allow accessory buildings and detached garages to be converted to ADUs.
Issues and Recommendations:
The new State laws raise policy considerations regarding several issues, as discussed below.
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” (living space only, and not including hallways, closets, storage, etc.) 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).
Current development standards such as setbacks and lot coverage maximums further constrain the size of ADUs, and these standards will remain in effect. Because these regulations restrict the size of ADUs, the Planning Board recommends establishing the maximum ADU size as provided under State law at 1,200 sf of total floor area, but not greater than 50% of the existing floor area. The Planning Board believes this will maximize flexibility for homeowners while maintaining reasonable ADU sizes due to all the limitations that already exist in the zoning regulations.
Design Standards for Detached ADUs. The City’s current second unit regulations mandate that detached accessory structures echo the design of the existing dwelling. For detached ADUs that are located in the rear yard it is recommended that there be more flexibility in the design, 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. The Planning Board recommends tighter design requirements for detached ADUs that are located in the front yard (where the existing primary dwelling is located in the back of the lot) and on corner lots, as follows:
Detached Unit in the Front Yard or Adjacent to a Street Side Yard of a Corner Lot: The design shall incorporate 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.
Proposed ADUs that do not meet this design criteria may then be evaluated through a discretionary Design Review process.
Residential building additions and the 750 sf rule for parking. Currently, residential homeowners wanting to expand their homes by 750 sf or larger must create an additional parking space on the property if it does not meet the parking standard of two parking spaces per unit. Now that State law allows a homeowner to build a 750 sf accessory unit without providing parking, Alameda’s 750 rule establishes a parking burden for homeowners wanting to expand their home but not create another unit. For this reason, the Planning Board recommends eliminating the 750 sf rule, except for those units that are enlarged to be 3,000 sf and larger. 3,000 sf is the threshold for the next tier of residential parking standards where homes 3,000 sf and larger require three parking spaces. The Planning Board’s recommendation to eliminate the 750 Rule would allow homeowners to expand their homes to up to 2,999 sf without triggering additional parking.
Owner occupancy. State law allows cities to require that the property owner live on-site, either in the primary or accessory dwelling. However, it does not require owner occupancy and such a requirement is extremely difficult to enforce. For this reason, the Planning Board recommends requiring that the property owner reside on the property only at the time of application to construct an ADU.
FINANCIAL IMPACT
There is no financial impact from the subject text amendment.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
City of Alameda General Plan - Housing Element - 2015-2023
Policy HE-1: Support public and private efforts to increase the supply of housing in Alameda consistent with the City's environmental, climate action, transportation, historic preservation, and economic development policy objectives.
Policy HE-2: Expand the City’s supply of affordable rental and ownership housing for extremely low-, very low-, low-, and moderate-income households.
Policy HE-4: Encourage and support new residential opportunities for senior citizens, including senior housing projects, multifamily housing projects with accessible and small housing units, assisted living projects, and in-law unit projects.
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.
RECOMMENDATION
Adopt an ordinance amending the Alameda Municipal Code for modification of regulations pertaining to second units (Accessory Dwelling Units), and related regulations, for compliance with State law.
Respectfully submitted,
Andrew Thomas, Assistant Community Development Director
By,
Allen Tai, Planning Services Manager
Deborah Diamond, Consulting Planner
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibit:
1. Public Correspondence