Title
Public hearing to consider amending Alameda Municipal Code Chapter 30 (Development Regulations) Section 30-4.1, R-1, One-Family Residence District and 30-2 Definitions to bring the R-1 regulations into compliance with State Law and implement Senate Bill 9. The proposed text amendments are exempt from the requirements of CEQA pursuant to SB 9, which states that an action by a local agency to adopt an ordinance to implement the provisions of SB 9 shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code
Body
To: Honorable President and Members of the Planning Board
EXECUTIVE SUMMARY
Senate Bill 9 (SB 9) was signed by the Governor in September 2021 and goes into effect on January 1, 2022. SB 9 requires local jurisdictions to grant ministerial, by-right approval of duplexes and lot splits in single-family (R-1) residential zones if they meet certain criteria.
Although the City of Alameda (“City”) is not required to adopt an ordinance to implement SB 9, staff recommends amending the R-1 zoning regulations to establish clarity and certainty for staff, property owners, and the larger community. In this case, clarity and certainty are particularly important because the ministerial process required by SB 9 is one implemented entirely by City staff, without any public notice, public hearings, or Planning Board review or assistance.
This report describes staff’s recommended amendments to the R-1 District and the Zoning Code definitions. A separate report describes objective design standards that will be used by staff to review future design proposals subject to SB 9. Exhibits include:
1. The text of SB 9.
2. A map showing the location of the R-1 Districts in Alameda.
3. A report by the Terner Center for Housing Innovation, July 2021, estimating the impact of SB 9 in California.
4. A draft Resolution recommending the proposed changes to the City Council.
BACKGROUND
SB 9 is intended to ease the restrictions of traditional single-family zoning and allow small-scale infill development that helps address California’s housing shortage. SB 9 builds on previous State legislation for accessory dwelling units (ADUs) but provides greater opportunities for sale and ownership of the resulting units.
SB 9 requires local jurisdictions to grant ministerial, by-right approval of duplexes and lot splits in single-family residential zones if they meet certain criteria. While SB 9 mandates that duplexes and urban lot splits be allowed by right if they meet stated criteria, local jurisdictions are allowed to apply objective subdivision and development standards, as well as objective design review standards.
The proposed amendments to the R-1 district zoning regulations are intended to serve two purposes for the City of Alameda:
1. Establish clear and objective standards for the review of future applications by staff for lot splits and new housing in the R-1 Zoning District as required by SB 9.
2. Encourage well-designed infill housing in the R-1 Zoning District in support of the City’s Regional Housing Needs Allocation (RHNA).
The Housing Element of the Alameda General Plan is currently being updated for the period 2023 - 2031. The Housing Element establishes the goals, policies and actions necessary to ensure an adequate supply of housing to meet Alameda’s RHNA, which is 5,353 units. In 2021, the R-1 District produced approximately 21 ADUs. Prior to changes in state law in 2018 to loosen restrictions on ADUs, Alameda’s R-1 district averaged less than one (1) ADU each year. Since 2018, any Alameda property owner in the R-1 zoning district is able to add one (1) ADU and one (1) Junior ADU for a total of three (3) units. As described in more detail below, the recommended amendments would allow up to four (4) units.
While not expected to significantly increase housing production in the R-1 District, this easing of restrictions on duplexes and land divisions in the R-1 can provide opportunities for some infill development, as well as some affordable rental and home ownership opportunities. SB 9 allows for the development of new, for-sale homes, either on a newly subdivided lot or through the conversion of existing single-family homes into two family homes. This ability to create duplexes and/or split a lot and convey new units with a distinct title would allow property owners to pursue a wider range of financing options than are available for ADU construction.
A report by the Terner Center for Housing Innovation at UC Berkeley (Exhibit 3) projects that the impact of SB 9 on housing development in California will be moderate. The report states:
Under our business-as-usual scenario, we estimate 1,800,000 new ADUS/JADUS are currently market-feasible and could be built under today’s zoning laws across California’s 7,500,000 existing single-family housing parcels. With SB 9, we estimate that approximately 700,000 additional new units would become market-feasible, representing a 40 percent increase in existing development potential across California’s single-family housing parcels.
Staff anticipates that the increase in housing production in Alameda’s R-1 District as the result of the recommended amendments will be moderate. Given that any R-1 property owner in Alameda can already build three (3) units and that the draft amendments increase that opportunity to four (4) units, staff anticipates that the amendments will result in an approximately 40% increase in development potential, or an increase in annual production from 21 units per year to approximately 30 units per year in the R-1 District. Over eight (8) years, the R-1 could produce 240 units toward meeting the City’s 5,353-unit RHNA obligation.
DISCUSSION
The following discussion describes staff’s recommended changes to the R-1 District provisions. Each amendment is shown in strike-out/underline format. Strike-out means the words would be deleted. Underlined words are new words to be added.
Staff notes have been added, where necessary, to explain the staff rational for the changes.
Proposed Amendments to AMC Section 30-4.1 One-Family Residence District
30-4.1 R-1, One-Family and Two Family Residence District.
a. General. The following specific regulations, and the general rules set forth in Section 30-5, shall apply in all R-1 Districts as delineated and described in the zoning maps. It is intended that this district classification be applied in areas subdivided and used or designed to be used for one-family and two family residential development, and that the regulations established will promote and protect a proper residential character in such districts.
Staff note: Under SB 9, the R-1 zoning district cannot be limited to “one-family” residences. SB 9 requires that the R-1 permit two family dwellings or two one family dwellings on each lot.
b. Uses Permitted.
1. One-family dwellings.
2. Two-family dwellings or two one-family dwellings on the same lot provided that:
Staff note: SB 9 requires that the City allow one two-family dwellings or two one-family dwellings on every parcel in the R-1 District. However, that entitlement is limited by the following conditions (a) through (d):
(a) Any new unit added to the property to an existing lot with an existing unit or any new unit added to a lot created pursuant to the provision of Lot Splits subsection c.2 below shall not exceed 1,200 square feet in size
Staff note: SB 9 allows the City to set size standards provided that those standards allow for at least two 800 square foot units. Staff recommends a 1,200 square foot maximum for three reasons: 1) smaller units are more affordable than larger units and the greatest need in Alameda is for smaller, more affordable units, and 2) Alameda’s Accessory Dwelling Unit Ordinance establishes a cap of 1,200 square feet for ADUs. Having a consistent maximum size for both ADUs and “SB 9 units” will simplify the administration of the ministerial permitting process for both ADUs and SB 9 units, and 3) smaller units will result in smaller buildings, which will result in less visual, shading, and other community character issues. The Planning Board may choose to adjust this recommended standard provided that the Planning Board may not limit the size of SB 9 units to less than 800 square feet.
(b) The proposed housing development shall not require or result in the demolition of an existing dwelling unit that (1) is subject to a recorded covenant, deed restriction, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes; (2) is subject to subsection 6-58.60 (Establishment of Base Rent, Annual General Adjustment) of the City Rent Control Ordinance (Article XV of Chapter VI of the AMC); or (3) has been occupied by a tenant within the last three (3) years; and (4) the proposed housing development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site designated as a City Historic Monument, historic property, or historic district pursuant to a City ordinance. Notwithstanding the above, any demolition that is subject to the demolition controls of AMC Section 13-21 shall require approval of a Certificate of Approval prior to issuance of a demolition permit.
Staff note: Under SB 9 the City could exclude any parcel that is a designated City monument or any parcel that is in a designated Historic District. In the interest of providing housing, staff recommends allowing the parcel to add housing or apply for the lot split provided that the proposal does not result in the demolition of the historic building. The Planning Board and City Council have the discretion to make this provision more restrictive. Currently, two (2) of the 9,442 parcels in the R-1 are designated historic properties. Many more properties are listed in the Study List or were constructed before 1942. Under AMC 13-21, demolition of a study list property or any property constructed before 1942 requires a Certificate of Approval, which is a discretionary permit. This draft ordinance would not override the requirement for a Certificate of Approval to demolish those properties.
(c) The subject property is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 of Division 7 of Title 1 of the Government Code (“the Ellis Act”) to withdraw accommodations from rent or lease within the last 15 years.
(d) The development is not within a special flood hazard area subject to inundation by the one-percent annual chance flood (100-year flood), as determined by the Federal Emergency Management Agency.
(e) No unit in the development shall be rented for a period of less than 30 days.
3. Reconstruction of destroyed two-family dwellings, provided that all zoning requirements other than density shall be met and that any requirement that would reduce the number or size of the units shall not apply;
Staff note: Staff deleted this “reconstruction” section because two-family dwellings would no longer be legal non-conforming uses.
4. Private, noncommercial garages, swimming pools, boat landings, docks, piers and similar structures, and other accessory structures and uses.
Staff note: This section 4 was rewritten to be clear that these private facilities are all permitted by right. This section reflects current practice and requirements.
5. Home occupations in compliance with the standards as set forth in Section 30-2 of this Code to the satisfaction of the Planning and Building Director. Upon the approval of the Planning and Building Director, a Registration of Home Occupation form shall be completed and filed with the Planning and Building Department. Any property owner aggrieved by the approval or non-approval of the Planning and Building Director shall have the right to appeal such action to the City Planning Board in the manner and within the time limits set forth in Section 30-25 of this Code. Nothing contained herein shall be deemed to deny the right of appeal under Section 30-25 following the determination of the City Planning Board.
Staff note: Home occupation requirements and standards are included in Section 30-2 and they apply to all residential districts. There is no need to restate them in the R-1 district. This change is not required by SB 9. Staff is recommending the change to create a more user-friendly and accurate ordinance.
6. Agriculture, horticulture, home gardening, excluding retail sales of nursery products or the raising of rabbits, dogs, fowl or other animals for commercial purposes.
Staff note: This change intended to clarify that the sale of plants or animals for commercial purposes is not a permitted use. This change is not required by SB 9.
7. Underground and above-ground utility installations for local service, except that substations, generating plants, gas holders, and transmission lines must be approved by the Planning Board prior to construction.
Staff note: This change intended to reflect current practice. This change is not required by SB 9.
8. Public parks, schools, playgrounds, libraries, fire stations and other public buildings and uses included in the General Plan.
Staff note: This change intended to clarify that these public uses are permitted in the R-1 district. The General Plan land use classification allows for these public uses in the low-density residential areas. This change is not required by SB 9. See note about schools below.
9. Signs: As provided in Section 30-6 of these regulations.
Staff note: Signs are governed by Section 30-6. No need to list them as permitted uses. This change is not required by SB 9.
10. Multiple houses.
Staff note: “Multiple houses” is defined in the AMC as a form of home ownership, such as a condominium. The subdivision ordinance regulates the division and ownership of land. Staff does not think there is a need to list multiple houses as permitted uses and it is confusing, since most people assume it means more than one house. This change is not required by SB 9.
11. Family day care homes, large and family day care homes, small, as licensed by the State of California.
12. Residential care facilities, small. providing care for no more than six (6) persons.
13. Accessory dwelling units, and junior accessory dwelling units, and efficiency units.
Staff note: The changes to 11, 12, and 13 are simply for clarity and consistency with State law and updated definitions. See below for the updated definitions.
14. Supportive housing and transitional housing.
15. Shared living.
16. Incidental shelters.
17. Domestic violence shelters.
Staff note. Staff is recommending the addition of shared living, incidental shelters and domestic violence shelters to all of the residential zoning districts. This amendment is not required by SB 9, but staff believes that these types of housing should be allowed in every Alameda neighborhood. A requirement of State Law for the Housing Element update is to remove barriers and facilitate facilities and services for special needs populations. Furthermore, permitting domestic violence shelters by right avoids the complications sending a public notice for a use permit hearing while still maintaining confidential locations for domestic violence victims. See the Definitions section below for specifics on these three uses.
Staff note: The following section c. “Uses requiring use permits” is the section of the ordinance that describes uses that may be permitted with a use permit, which is a discretionary review process. None of the changes to this section are required by SB 9. Currently, public schools are permitted by right, while religious schools require a use permit. This conflicts with the Religious Land Use and Institutionalized Persons (RLUIPA), a federal law that requires religious institutions to be treated at least as favorably as comparable non-religious land uses. The provisions related to new home sales offices and ferry terminal parking areas were deleted because staff does not anticipate any of these uses ever being needed in the R-1 district, which is an area of the city that is fully developed without any vacant lands and without access to any future waterfront lands that would be appropriate for ferry terminals.
C. Uses requiring use permits. It is the intent in this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations:
1. Public parks, schools, playgrounds, libraries, fire stations and other public buildings and uses not included in the General Plan.
2. Private and religious Schools, places of worship, and other assembly uses
3. Day care centers, and churches. Community care facilities not listed under uses permitted.
4. Residential care, large and residential care, senior (assisted living).
Staff note: Community care facilities is an AMC defined “catch all” definition that includes a wide variety of different uses. Under State Law, some of these uses included in the Community Care definition must be permitted by right while other uses may still be approved by use permit. The existing “catch all” category also created confusion for applicants and staff.
5. Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefore, which are incidental to the development during the construction and/or sales period.
6. Automobile parking lots and ancillary facilities for ferry terminals serving the general public, provided that:
i. Parking lots and ancillary facilities adjoin a commercial planned development zoned area or an industrially zoned area in which terminals are permitted;
ii. There is an entrance to the automobile parking lots and ancillary facilities for ferry terminals adjacent to nonresidential areas; and
iii. Any additional parking lot entrances adjacent to residentially zoned areas shall be allowed only if conditions are imposed to minimize the nonlocal automobile traffic to the terminal through the residential areas.
c. Minimum Height, Bulk and Space Requirements.
1. Minimum Lot Area: Five thousand (5,000) square feet. Lot area may be reduced through a lot split subject to Subsection c. 2.
2. Lot Splits: Pursuant to Government Code Section 66411.7, the division of an existing lot into two lots is permitted provided that:
(a) The area of each lot is at least one thousand two hundred (1,200) square feet and at least forty (40%) percent of the area of the original lot prior to the lot split.
(b) Each lot provides frontage on a public street or a pedestrian or vehicular access easement to a public street.
(c) The land division will not require or result in the demolition of an existing dwelling unit that: (i) is subject to a recorded covenant, deed restriction, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes; (ii) is subject to subsection 6-58.60 (Establishment of Base Rent, Annual General Adjustment) of the City Rent Control Ordinance (Article XV of Chapter VI of the AMC); (iii) has been occupied by a tenant within the last three (3) years, or (iv) is within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site designated or listed as a City Historic Monument, historic property, or historic district pursuant to a City ordinance. Notwithstanding the above, any demolition that is subject to AMC 13-21 shall require approval of a Certificate of Approval prior to approval of the building permit.
Staff note: Under SB 9 the City could exclude lot splits on any parcel that is a designated City monument or any R-1 parcel that is in a designated Historic District. In the interest of providing housing, staff recommends allowing the parcel to be split provided that the proposal does not result in the demolition of the historic building. The Planning Board and City Council have the discretion to make this provision more restrictive. Currently, two (2) of the 9,442 parcels in the R-1 are designated historic monuments.
(d) The existing lot has not been subject to the exercising of the owner’s rights under Chapter 12.75 of Division 7 of Title 1 of the Government Code (“the Ellis Act”) to withdraw accommodations from rent or lease within 15 years before the date of application for the land division.
(e) The existing lot is not within a special flood hazard area subject to inundation by the one-percent annual chance flood (100-year flood) as determined by the Federal Emergency Management Agency. The existing lot has not previously been divided through exercise of this regulation and the owner of the existing lot nor has any person acting in concert with the owner previously subdivided an adjacent parcel through exercise of this regulation.
(f) The number of units shall be limited to two dwelling units or one dwelling unit and one accessory dwelling unit on each lot for a maximum of four (4) total dwelling units on the two lots created by the lot split.
Staff note: In subsection (f), staff is recommending that the total number of units allowed on a lot (pre-split) be four (4). This could be achieved with two units on each lot or one unit and one ADU on each lot. SB 9 would allow the City to allow more if it chooses. For example, SB 9 would allow the City to allow two units on each lot and two ADUs on that same lot for a total of four units on each lot (post-split), for a total of eight units. As proposed by staff, the draft ordinance would allow a property owner to choose to:
• Not split their lot. In this scenario, the property owner may have two dwelling units and two accessory dwelling units for a total of four units.
Or
• Split their lot. In this scenario, the property owner may have a maximum of two units on each lot. Each lot could have two dwelling units or one dwelling unit and one accessory dwelling unit, but neither lot could have more than two total units.
Therefore, no more than four units, be they primary or accessory units, would be allowed within an existing lot in the R-1, regardless of whether the property owner exercises their right to divide the property. From staff’s perspective, the decision to add a lot line should not be the determining factor for overall neighborhood density or urban form. This approach is further simplified by the recommendation to limit new dwelling units created under SB 9 to 1,200 square feet. Therefore, from a city perspective, it does not matter whether the new unit is an “SB 9 unit” or an accessory dwelling unit. In either case, the unit is 1,200 square feet or less.
(g) Each lot shall be subject to a deed restriction specifying that: (i) No housing unit on the property may be rented for a term shorter than 30 days, and (ii) the lots resulting from the land division may not be further subdivided using the provisions of this subsection.
(h) The applicant has provided a signed affidavit on a form provided by the City Attorney stating that the applicant intends to occupy a dwelling unit on one of the resulting lots as their principal residence for a minimum of three (3) years from the date of the approval of the land division. This requirement shall not apply to an applicant that is a “community land trust” or a “qualified nonprofit corporation” as defined the Revenue and Taxation Code.
Staff note: Subsections g and h are directly from SB 9.
3. Minimum Lot Width: Fifty (50′) feet. Lot width may be reduced any amount if the project meets the requirements of subsection (2), Lot Splits.
4. Maximum Main Building Coverage: Forty (40%) percent of lot area; provided, however, that where the garage is attached to the main building, the permitted lot coverage may be increased to forty-eight (48%) percent.
5. Maximum Building Height Limit: Not to exceed tThirty (30′) feet.
6. Minimum Front Yard: Twenty (20′) feet. In any full block frontage of lots in a new residential development the Planning Board may approve front yards which vary from fifteen (15′) [feet] to thirty (30′) feet, provided that the average of all front yards in the block shall not be less than twenty (20′) feet.
Staff note: There will not be any new residential developments with a full block of new buildings. Sentence deleted to create clarity. Not required for SB 9.
7. Minimum Interior Side Yard: Five (5’) feet for one-family dwellings; four (4’) feet for dwellings constructed pursuant Government Code Section 65852.21. Side yards shall not be less than twenty (20%) percent of the lot width (as defined in Section 30-2-Definitions), and no side yard may either be less than five (5′) feet or be required to be more than ten (10′) feet.
8. Minimum Street Side Yard. The side yard on the street side of a corner lot shall not be less than ten (10′) feet.
Staff note: Typical lots in the R-1 are 40 to 50 feet wide. In practice, a 5-foot setback has been enforced for additions and new buildings on existing R-1 lots in Alameda. Under SB 9, the City cannot require more than four (4) feet for an SB 9 application. Staff maintained the 5-foot setback for additions to existing single family homes to discourage single family “mcMansions.”
9. Minimum Rear Yard: Twenty (20′) feet. Not more than forty (40%) percent of the rear yard, as defined in Section 30-2, may be occupied by accessory buildings or structures (swimming pools excepted).
10. Yards for Corner Lot Adjacent to Key Lot: The side-yard setback on the street side of the corner lot, within twenty feet (20′) of the side property line of the key lot, shall be equal to the front yard of the key lot, as defined in Section 30-2, "yard, front," and no structure, excluding barriers, may be permitted within five (5′) feet of the rear property line on the corner lot.
11. Government Code Section 65852.21 and 66411.7 Exemptions.
(a) If a dwelling is being provided pursuant to Government Section 65852.21 or 66411.7 entirely within the footprint of an existing building, or constructed in the same location and to the same dimensions as an existing building, no additional interior side or rear setback is required.
(b) No minimum lot width, maximum building coverage, minimum setback or other bulk and space requirement shall apply if that standard would physically preclude a land division resulting in two lots consistent with the requirements of Subsection 2, Lot Splits, or the development of a two-family dwelling, or two one-family dwellings on the same lot, each unit of which has at least eight hundred (800) square feet of floor area, or a one-family dwelling with at least one thousand two hundred (1,200) square feet of floor area, provided that such dwellings are set back at least four (4’) feet from interior side and rear lot lines.
Amendments to AMC Section 30-2 Definitions
Important terms used in the zoning code should be defined in the Zoning Code section 30-2. Therefore, staff is recommending that the following terms in Section 30-2 Definitions be added, deleted, or revised.
Efficiency Unit shall mean a dwelling unit for occupancy that has a minimum floor area of 150 square feet and a maximum floor area of 450 square feet and which may also have partial kitchen or bathroom facilities as regulated in Section 17958.1 of the California Health and Safety Code.
Residential care facility (per Health and Safety Code Section 1502(a)(1)) shall mean a facility licensed by the State of California that provides living accommodations and 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. Amenities may include shared living quarters, with or without a private bathroom or kitchen facilities. This classification includes both for and not-for-profit institutions but excludes Supportive Housing and Transitional Housing.
1. Residential Care Facility, Small. A facility that is licensed by the State of California to provide care for six or fewer persons 18 years or older.
2. Residential Care Facility, Large. A facility that is licensed by the State of California to provide care for more than six persons 18 years or older.
3. Residential Care Facility, Senior (Assisted Living). A housing arrangement chosen voluntarily by the resident or by the resident’s guardian, conservator or other responsible person; where residents are 60 years of age or older; and where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care by the State of California.
Emergency shelter shall mean housing with minimal supportive services for homeless unhoused persons that is limited to occupancy of six (6) months or less by an homeless unhoused person that is not an Incidental Shelter, Domestic Violence Shelter, or Low Barrier Navigation Center. No individual or household may be denied emergency shelter because of an inability to pay.
Incidental Shelter shall mean an emergency shelter that is accessory to a primary use and is typically operated on an intermittent or seasonal basis.
Domestic Violence Shelter shall mean a facility where victims of domestic violence or sexual abuse are provided temporary housing, food, and other specialized services in compliance with California Welfare and Institutions Code Section 18290 et seq.
Low Barrier Navigation Centers shall mean a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing consistent with Government Code Section 65660.
Shared living means a residential building, or portion thereof, other than a hotel that provides private living quarters without private, independent kitchen facilities. A shared common kitchen and common activity area may be provided. Shared living also includes rooming house, and single room occupancy (SRO) units, which provide housing for very low-income persons that typically consist of a single room with access to a shared bath. Shared living may be restricted to seniors or be available to persons of all ages.
Transitional housing and transitional housing development shall mean buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance.
Community care facility shall mean any facility, place or building which is maintained and operated to provide nonmedical residential care, including but not limited to family day care homes and residential care facilities.
Dwelling group shall mean two (2) or more detached one (1), two (2), or multiple family dwellings located upon a building site together with all open spaces as required by this chapter.
Servant’s quarters shall mean a secondary dwelling or apartment without separate kitchen facilities designed for and used only by persons or the families of persons regularly employed on the property.
Senior housing shall mean a residential unit reserved for households where at least one (1) member of the household is over sixty-two (62) years of age. A deed restriction permanently limiting occupancy to such senior households, in a form acceptable to the Planning Director and City Attorney, shall be recorded for the property with the County Recorder's office.
Target Population (per Government Code Section 65582) shall mean persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services. It may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Manufactured Home shall mean a structure that was constructed on or after June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or, when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. “Manufactured home” includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974. Health & Safety Code Section 18007.
Houseboat Floating home shall mean a boat that is used for a residential or other nonwater oriented purpose that is not capable of being used for active navigation. (Note: Houseboats are not permitted outside of commercial marinas designated for houseboat berthing. A houseboat is equivalent to a floating home as defined in subsection 13-38.5 of the Alameda Municipal Code, and is subject to the regulations set therein. Houseboats Floating homes are also subject to the requirements of Article XIV of Chapter XIII of the Alameda Municipal Code.)
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The proposed amendments to Chapter 30 (Zoning Ordinance) are intended to bring the R-1 Zoning District regulations into conformance with State law.
ENVIRONMENTAL REVIEW
SB 9 states that: “A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.” Therefore, the proposed amendments to the AMC implementing SB 9 are exempt from review under CEQA.
CLIMATE IMPACTS
The Ordinance is consistent with the Climate Action and Resiliency Plan. The proposed text amendments would allow for the development of in-fill housing and the creation of small infill lots within an urban area to help meet the demand for more housing while minimizing new construction and land consumption. The ordinance facilitates compact development in existing residential neighborhoods served by utilities and transit.
RECOMMENDATION
Adopt the draft resolution (Exhibit 4) recommending that the City Council amend Alameda Municipal Code Chapter 30 (Development Regulations), Section 30-2, Definitions, and Section 30-4.1, R-1, One-Family Residence District.
Prepared by,
Andrew Thomas, Planning, Building and Transportation Director
Allen Tai, City Planner
Henry Dong, Planner III
David Sablan, Planner III
Brian McGuire, Planner I, and
Heather Coleman, Planning Consultant
Exhibits:
1. SB 9 Text
2. Map, R-1 Districts
3. Report, Terner Center for Housing Innovation, July 2021
4. Draft Resolution