Title
Proposed Citywide Text Amendments to the City of Alameda Zoning Ordinance (AMC Chapter 30) to modify Accessory Dwelling Unit regulations to comply with state law and make other administrative, technical, and clarifying amendments pertaining to appeals and Youth Centers definition. Applicant: City of Alameda. Public hearing to consider proposed amendments to Alameda Municipal Code Chapter 30. The proposed amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15282(h), 15061(b)(3), and 15183 and Public Resources Code section 21080.17
Body
To: Honorable President and
Members of the Planning Board
From: Allen Tai, City Planner
Date: February 10, 2020
BACKGROUND
On January 1, 2020, several chaptered bills pertaining to ADUs that restrict local jurisdictions’ ability to regulate ADUs became operative, including Senate Bill 13, Assembly Bill 68, Assembly Bill 881, and Assembly Bill 587. Collectively, these bills update development standards and permit requirements for ADUs and specify requirements for local ordinances. The new ADU laws became effective on January 1, 2020. Pending adoption of this ordinance, the Planning, Building and Transportation Department is implementing ADU permit procedures consistent with new state law.
Staff has prepared draft text amendments to the Alameda Municipal Code (AMC) Chapter 30 (Zoning Regulations) to modify existing ADU regulations to comply with new state law. In addition, staff proposes minor clarifying amendments pertaining to appeals and to delete the Youth Centers definition in the cannabis land use regulations. Staff recommends the Planning Board hold a public hearing and recommend City Council adoption of the draft Ordinance (Exhibit 1).
DISCUSSION
ADU Amendments to Comply with State Law
Since 2017, the City has approved 114 ADU applications with 32 ADUs actually constructed. While the number of ADUs has grown in the past two years, Alameda’s existing ordinance has unnecessarily restricted Alameda property owners from adding small, affordable units on their properties. In particular, the limitations on unit size, requirements for architectural detailing, and owner occupant requirements have deterred the creation of ADUs due to financially infeasibility. Although not a result of City regulation, the high costs for construction in the Bay Area is also a major barrier on ADU construction.
The proposed ordinance would revise Alameda’s ADU regulations to implement the following new mandates under State law:
List of New State Mandates:
1. Allow both an ADU and Junior ADU (JADU) on a single-family lot with a proposed or existing single family dwelling.
2. Allow ADUs on areas zoned to allow residential use (i.e., mixed-use and multi-family lots).
3. On multi-family lots, allow at least one ADU in an existing multifamily dwelling units and up to 25% of the existing multifamily units or a maximum of two detached ADUs.
4. Allow studio and one-bedroom ADUs to be at least 850 sf in size.
5. Allow ADUs with two or more bedrooms to be at least 1,000 sf in size.
6. Limit required side and rear yard setbacks to a maximum of 4-feet.
7. Allow detached ADUs to have a minimum height of 16 feet.
8. Allow pre-fabricated units or manufactured homes.
9. Allow ADUs owned by a non-profit corporation to be sold to low-income buyers.
10. Prohibit any regulation that would prevent the construction of an ADU that is at least 800 square feet in size and at least 16 feet tall with maximum 4-foot side and rear yard setbacks.
Compliance with the new laws also requires modifying existing ADU regulations in Alameda that are no longer consistent with State law or must be revised for internal consistency within the regulations.
List of Changes to Existing Regulations:
1. The “50% Rule” has been deleted to meet the new State-mandated ADU unit sizes. Previously, ADUs were limited to 50% of the floor area of the primary dwelling.
2. The maximum height limit for detached ADUs was increased from 15 feet to 16 feet.
3. Lots in flood zones must now be allowed to exceed the maximum height limit in order to meet federal safety regulations.
4. The owner-occupancy requirements have been eliminated for ADUs. The owner-occupancy requirements for JADUs remain in place.
5. The lot coverage requirements have been modified to exclude non-permeable surface area.
6. The design standards have been expanded to allow prefabricated units and manufactured homes.
7. Replacement parking spaces are no longer required if existing onsite parking was converted or displaced to create an ADU.
8. The requirement for undergrounding utilities for a detached ADU has been clarified to apply only to water and sewer.
9. ADU applications that do not comply with the regulations no longer have an option to seek Use Permit, Design Review, or any other discretionary approval.
10. ADU applications must be acted on within 60 days after a complete application submittal.
In summary, new state laws have substantially eliminated the regulatory barriers discussed earlier. Homeowners are no longer limited to converting just 50% of their basements, which frequently made construction of an ADU financially infeasible due to high construction costs and limited benefit. The elimination of owner occupancy requirements also makes it easier for Alameda families to accommodate various housing needs when an owner is not currently living onsite. The elimination of the owner-occupancy requirement would also streamline ADU permit review and reduce paperwork associated with proof and documentation. Furthermore, state law now defines an ADU as including prefabricated or manufactured units, which provides substantial cost and energy-saving benefits over ADUs built with raw materials. Overall, staff anticipates these amendments would result in an increase in ADU applications in 2020 above the 46 applications received in 2019.
Amendments to Appeals Section
AMC Section 30-25 establishes the process to appeal decisions of the Planning Director, Zoning Administrator, and Planning Board. On certain matters, such as the review of large development projects with multiple, simultaneous entitlements, the decisions of the Planning Board may occur over several public hearings. The proposed amendments clarify that the filing of an appeal may occur only after a final decision has been made.
Deletion of Youth Centers Definition
AMC Section 30-10 contains the land use regulations for cannabis businesses. This section contains definitions used in the land use regulations, including a definition on Youth Centers. The proposed amendment deletes the definition of Youth Centers from the land use regulations, which was inadvertently carried over from the cannabis business regulations in AMC Article XVI. The term “Youth Centers” is not used and has no context in the land use regulations, and therefore should be deleted to avoid any confusion with the business regulations in Article XVI.
PUBLIC NOTICE AND COMMENT
This agenda item was advertised in the Alameda Sun and public notices were posted as required by the Alameda Municipal Code. No comments were received on the draft Ordinance as of February 3, 2020.
ENVIRONMENTAL REVIEW
The proposed amendments are exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15282(h) and Public Resources Code Section 21080.17, which exempt ordinances implementing Accessory Dwelling Unit Law (Government Code Section 65852.2), and CEQA Guidelines Sections 15061(b)(3), where it can be seen with certainty that the proposed zoning text amendments will not have a significant effect on the environment, and 15183, projects consistent with a community plan, general plan, or zoning.
RECOMMENDATION
Hold a public hearing and then recommend by motion that the City Council adopt the Draft Ordinance.
Reviewed By:
Andrew Thomas,
Planning, Building and Transportation Director
Exhibits:
1. Draft Ordinance