Ordinance 3184CITY OF ALAMEDA ORDINANCE NO. 3184
New Series
AMENDING CHAPTER XXX OF THE ALAMEDA MUNICIPAL CODE (ZONING
ORDINANCE) TO MODIFY REGULATIONS PERTAINING TO ACCESSORY
DWELLING UNITS AND RELATED RULES.
BE IT ORDAINED by the City Council of the City of Alameda:
In enacting this Section, the City Council finds as follows:
The amendments maintain the integrity of the General Plan. The proposed
amendments to the zoning ordinance related to accessory dwelling units are
consistent with the City of Alameda's housing goals, policies and programs. The
amendments would help Alameda meet its housing needs objectives as specified
in the General Plan Housing Element by reducing barriers for new accessory
dwellings and encouraging new accessory units through the conversion of
accessory buildings where possible. The proposed amendment will also facilitate
housing opportunities for households in a range of income groups, and for smaller
households including seniors. Furthermore, the proposed amendment will assist
with homeownership by enabling rental income to offset the costs of buying a
home.
2. The amendments will support the general welfare of the community.
Accessory dwelling units provide an important source of affordable housing. By
promoting the development of accessory dwellings, Alameda may ease a rental
housing deficit, maximize limited land resources and existing infrastructure and
assist low and moderate-income homeowners with supplemental income.
Accessory dwelling units contribute to the local affordable housing stock and
increase the City's property tax base, all of which will enhance the general welfare
for the Alameda community. In addition, accessory dwellings offer a means of
adding housing units with minimal impacts on existing residential neighborhoods.
3. The amendments are equitable. The proposed amendments are equitable in
that they increase the opportunity for Alameda homeowners to'add an accessory
dwelling unit to their property. These 'amendments clarify and streamline
regulations pertaining to accessory dwelling units, and they expand the number of
properties in Alameda eligible to attain an accessory dwelling unit.
4. The amendments are exempt from the California Environmental Quality Act.
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.
Section 1. AMC Section 30 -2.b Definitions shall be amended as follows:
`Accessory building shall mean a detached subordinate building, the use of which is
incidental to that of the main building(s) on the same lot or to the primary use of the land.
`Accessory dwelling unit shall mean an attached or detached residential dwelling
which provides complete independent living facilities for one or more persons It shall
include permanent provisions for living sleeping eating cooking and sanitation on the
same parcel as one primary single- family dwelling."
"Accessory dwelling unit - Junior, shall mean a dwelling unit as defined in
Government Code Section 65852.22 that is no more than 500 square feet in size and
contained entirely within an existing single- family structure and may include separate
sanitation facilities, or may share sanitation facilities with the existing dwe&gg "
Section 2. 30 -4.1 - R -1, One - Family Residence District shall be amended as follows:
b. Uses Permitted.
SeGend Accesso!y dwelling units on a single parcel containing one (1) single-
dwelling, when in compliance -- reguirements
forth set • 1
All .. yard areas, ..
DistriGt shall be meet . new struotures and ♦.
fer iR Chapter 30 of the Alameda MuniGipal Second units are
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(e) The MwRirnUrn lot size ♦ r whieh a .. URit shall be allowed is seven
thousand five .d (7,500) square feet-.
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`Accessory dwelling unit shall mean an attached or detached residential dwelling
which provides complete independent living facilities for one or more persons It shall
include permanent provisions for living sleeping eating cooking and sanitation on the
same parcel as one primary single- family dwelling."
"Accessory dwelling unit - Junior, shall mean a dwelling unit as defined in
Government Code Section 65852.22 that is no more than 500 square feet in size and
contained entirely within an existing single- family structure and may include separate
sanitation facilities, or may share sanitation facilities with the existing dwe&gg "
Section 2. 30 -4.1 - R -1, One - Family Residence District shall be amended as follows:
b. Uses Permitted.
SeGend Accesso!y dwelling units on a single parcel containing one (1) single-
dwelling, when in compliance -- reguirements
forth set • 1
All .. yard areas, ..
DistriGt shall be meet . new struotures and ♦.
fer iR Chapter 30 of the Alameda MuniGipal Second units are
Rot r
Aggregate . . ♦ .
shall Rot .. sAy (60%) perGeRt.
(e) The MwRirnUrn lot size ♦ r whieh a .. URit shall be allowed is seven
thousand five .d (7,500) square feet-.
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Uses requiring use permits.
Insert:
6. Accessory dwelling units on a single parcel containing one (1) single- family
dwelling, when not in compliance with the requirements set forth in Section 30-
5.18, as specified by subsection 30-5.18.f.4.
Section 3. 30 -4.2 - R -2, Two - Family Residence District shall be amended as follows:
b. Uses Permitted
Insert:
9. Accessory dwelling units on a single parcel containing one (1) single - family
dwelling, when in compliance with the requirements set forth in Section 30 -5.18
c. Uses Requiring Use Permits.
Insert:
7. Accessory dwelling units on a single parcel containing one (1) single - family
dwelling, when not in compliance with the requirements set forth in Section 30-
5.18, as specified by subsection 30- 5.18.f.4.
Section 4. Section 30 -4.3 - R -3, Garden Residential District.
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Uses requiring use permits.
Insert:
6. Accessory dwelling units on a single parcel containing one (1) single- family
dwelling, when not in compliance with the requirements set forth in Section 30-
5.18, as specified by subsection 30-5.18.f.4.
Section 3. 30 -4.2 - R -2, Two - Family Residence District shall be amended as follows:
b. Uses Permitted
Insert:
9. Accessory dwelling units on a single parcel containing one (1) single - family
dwelling, when in compliance with the requirements set forth in Section 30 -5.18
c. Uses Requiring Use Permits.
Insert:
7. Accessory dwelling units on a single parcel containing one (1) single - family
dwelling, when not in compliance with the requirements set forth in Section 30-
5.18, as specified by subsection 30- 5.18.f.4.
Section 4. Section 30 -4.3 - R -3, Garden Residential District.
b. Uses Permitted
Insert:
7. Accessory dwelling units on a single parcel containing one (1) single-family
dwelling, when in compliance with the requirements set forth in Section 30-5.18.
c. Uses Requiring Use Permits.
Insert:
5. Accessory dwelling units on a single parcel containing one (1) single-family
dwelling, when not in compliance with the requirements set forth in Section 30-
5.18, as specified by subsection 30-5.18.f.4.
Section 5. Section 30-4.4 - R-4, Neighborhood Residential District.
c. Uses Requiring Use Permits.
Insert:
7. Accessory dwelling units on a single parcel containing one (1) single - family
dwelling, when not in compliance with the requirements set forth in Section 30-
5.18, as specified by subsection 30-5.18.f.4.
Section 6. Section 30-4.5 — R-5, General Residential District.
c. Uses Requiring Use Permits
Insert:
6. Accessory dwelling units on a single parcel containing one (1) single-family
dwelling, when not in compliance with the requirements set forth in Section 30-
5.18, as specified by subsection 30-5.18.f.4.
Section 7. Section 30-4.6 — R-6, Hotel Residential District.
c. Uses Requiring Use Permits.
Insert:
4. Accessory dwelling units on a single parcel containing one (1) single family_
dwelling, when not in compliance with the requirements set forth in Section 30
5.18, as specified by subsection 30-5.18.f.4.
Section 8. Section 30 -5.7 — Projections from Buildings and Roof Planes, Permitted
Encroachments and Treatments of Minimum Required Yards.
Amend subsection (f) Accessory Buildings as follows:
Insert:
7. Accessory buildings shall not'include a kitchen unless the accessory building is an
accessory dwelling unit per the requirements of Section 30-5.18, or the kitchen is
approved with a use permit for a home occupation on a residential lot
Section 9. 30 -5.18 — Accessory Dwelling Units. A new section shall be added as
follows:
30 -5.18 — Accessory Dwelling Units
a. Purpose. This Section provides for accessory dwelling units on lots developed or
proposed to be developed with one single-family dwelling Der lot under
Government Code Sections 65852.150 and 65852.2. Such accessory dwelling
units contribute needed housing to the community while maintaining neighborhood
character, support affordable housing and multigenerational living and enhance
housing opportunity near transit. An accessory dwelling unit that conforms to this
section shall:
1. Be deemed an accessory use and not be considered to exceed the
allowable density for the lot upon which it is located;
2. Be deemed a residential use that is consistent with the allowable density for
the lot upon which it is located;
3. Not be considered in the application of any ordinance policy, or pro ram to
limit residential growth; and
4. Not be considered a new residential use for the purposes of calculating
connection fees or capacity charges for utilities including water and sewer
service.
b. Applicability.
1. The provisions of this Section apply to all legal lots in any residential zoning
district where -a primary single- family dwelling has been previously
established or is proposed to be established in conjunction with construction
of the accessory dwelling unit.
c. Development Standards: An accessory dwelling unit may be constructed within the
existing building envelope of a dwelling or accessory structure, added to the
existing dwelling or accessory structure, or constructed as a detached structure.
1. Number Allowed. Only one accessory dwelling unit is permitted per lot that
contains or is proposed to contain one primary dwelling.
2. Maximum Size: The size of the accessary dwelling unit shall not exceed
1,200 square feet or more than 50 percent of the floor area of the primary
dwelling, whichever is less.
3. Attached Accessory Dwelling Units: An accessory dwelling unit that is
attached to or created within an existing primary dwelling shall comply with
all height, building coverage, yard areas, and setback requirements for the
primary welling.
a. Independent Access: Exterior access shall be provided
independently from the primary dwelling.
b. Unit Separation: Attached units and units that are within the primary
dwelling may maintain an interior connection to the primary dwelling
provided there is a fire-rated door separating the units that is lockable
on both sides.
C. Aggregate Lot Coverage: The aggregate lot coverage of all building
footprint(s) and nonpermeable surfaces on the lot shall not exceed
sixty (60%) percent.
4. Detached Accessory Dwelling Units: An accessory dwelling unit that is
constructed as a detached structure or created through the conversion of
an existing accessory structure shall comply with the requirements in
Section 30-5.7(f) Accessory Buildings. Notwithstanding Section 30-5.7(f),
no setback shall be required for an existing garage that is converted to an
accessory dwelling unit. The aggregate lot coverage of all building
footprint(s) and nonpermeable surfaces on the lot shall not exceed sixty
(60%) percent. Utilities extended to a detached accessory dwelling unit shall
be underground.
5. Design Standards:
a) Attached Unit. The design of an attached accessary dwelling unit shall
appear as an integral part of the primary dwelling and 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. Creation of the accessory
dwelling unit shall not involve any changes to existing street-facing
walls nor to existing floor and roof elevations.
b) Detached Unit: 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 shall have the same architectural
style and level of interest as the immediately surrounding buildings
Where the immediate surroundings is eclectic and no particular style
of architecture is dominant a greater degree of architectural variety
may be established with the detached accessory dwelling unit
c) Detached Unit in the Front Yard or Adjacent to a Street Side Yard of a
Corner Lot: The design of a detached accessory dwelling unit shall be
subordinate to the primary dwelling in terms of massing height and
building footprint. 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.
Junior Accessory Dwelling Units. One iunior accessory dwelling unit shall
be permitted ministerially if complying with the standards of subsection c.1,
c.3.a, and c.3.b above, and the following:
a) The iunior accessory dwelling unit shall be fully located within an
existing primary dwelling in the R -1 District
b) The unit shall be created from the conversion of an existing bedroom
in the primary dwelling_
c) The unit shall be no larger than 500 square feet in floor area
d) The unit shall maintain an interior connection to the primary dwelling.
e) The unit may contain separate sanitation facilities or may share with
the primary dwelling.
f) The unit shall include an efficiency kitchen that shall include the
following components:
a. Sink with a maximum waste line diameter of 1.5 inches;
b. Cooking appliances that do not require electrical service greater
than 120 volts, or natural or propane gas; and
c. A food preparation counter and storage'cabinets
Parking: The parking requirement for an accessory dwelling unit shall be one off-
street parking space per unit. This space shall comply with all requirements set
forth in Section 30 -7 Off - Street Parking and Loading Space Regulations
Notwithstanding Section 30 -7, this space may be provided as tandem parking,
including on an existing driveway or in a side or rear yard area unless specific
findings are made by the Community Development Director that parking in setback
areas or tandem parking is not feasible based upon fire and life safety conditions
1. Exceptions. Notwithstanding the parking requirement in this Section no off-
street parking shall be required for an accessory dwelling unit in any of f the
following instances:
a) The accessory dwelling unit is within an existing primary dwelling or an
existing accessory structure.
b) The accessory dwelling unit is located within one -half mile of a public
transit stop or station.
c) The accessory dwelling unit is 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 accessory dwelling unit.
e) When there is a car-share rental service pick-up/drop-off location
within one block of the accessory dwelling unit.
2. Replacement parking: When a garage, carport, or covered parking structure
is demolished or converted in coniunction with the construction of an
accessory dwelling unit, replacement of the parking space s) meeting the
requirements of Section 30-7 Off-Street Parking and Loading Space
Regulations shall be required. Notwithstanding Section 30-7, such
replacement parking may be located in any configuration on the same lot,
including, but not limited to, as covered spaces, uncovered spaces, or
tandem spaces, including on an existing driveway or in a side or rear yard
area, unless specific findings are made by the Community Development
Director that parking in setback areas or tandem parking is not feasible
based upon fire and life safety conditions.
Rental and Sale Limitations: Before issuing a building permit for an accessory
dwelling unit or junior accessory dwelling unit, the property owner shall file with the
county recorder a declaration or an agreement of restrictions, which has been
approved by the City Attorney as to its form and content, containing a reference to
the deed under which the property was acquired by the owner and stating that:
1. The accessory dwelling unit shall not be sold separately from the primary
dwelling or rented for a period of less than thirty (30) days.
2. The restrictions shall be binding upon any successor in ownership of the
property and lack of compliance shall result in legal action against the
property owner.
Application and Review Process.
1. Ministerial Review. r Except as provided below. application for an accesso
dwelling unit shall be permitted ministerially within 120 days without
discretionary review or public hearing when in compliance with the
development standards of this Section. Prior to issuance of a building
permit for an accessory dwelling unit, the Community Development Director
shall issue a zoning clearance which establishes that all applicable
development standards of this Section are met.
2. Occupancy. The applicant for an accessory dwelling unit shall be a current
owner - occupant of the property_
3. Exceptions to Ministerial Review. Discretionary design review as provided
by Section 30-36 shall be required for accessory dwelling units that involve
any of the following:
a) An addition to the primary dwelling involving a second story or
above;
b) A change in floor level in the primary dwelling, such as when the
building is lifted to create a new lower floor. This does not include
basement excavation where the exterior building proportions
remain the same;
c) Accessory dwelling units that do not meet the Design Standards
provided in subsection (c) above.
4. Exceptions to Development Standards Accessory dwelling units that do not
conform to the following development standards as provided by subsection
(c) above, may be approved with a use permit and design review:
a) Maximum unit, size up to 1,200 square feet;
b) Setbacks and lot coverage
c) Parking requirements.
5. Combination permits. For applications that combine a new accessory
dwelling unit with improvements other than for the accessory dwellina unit
the application shall be subject to design review if said improvement is not
exempt from design review as provided by Section 30-37.2.
6. Vacant lots. A single - family dwelling must exist on the lot If the lot is
undeveloped, then the applicant will be subject to discretionary review for
construction of the primary dwelling
g. The accessory dwelling unit shall meet the requirements of the building and
housing code, as adopted and amended by the Alameda Building Code that apply
to detached dwellings, as appropriate. Except that fire sprinklers or fire attenuation
shall not be required for an accessory dwelling unit if not required for the primary
residence.
h. No protected tree(s) shall be removed to accommodate an accessory dwelling unit
except with the recommendation of a certified arborist and approval procedures
set forth in section 13 -21 of Chapter XIII of the Alameda Municipal Code
L Nothing in this section supersedes requirements for obtaining development
permits pursuant to this chapter or for properties subject to the preservation of
historical and cultural resources set forth in section 13 -21 of Chapter XIII of the
Alameda Municipal Code.
Section 10. 30 -7.2 Accessory Parking Spaces Required.
Amend subsection f. Dwelling Unit Additions as follows:
f. Dwelling Unit Additions. Notwithstanding the requirements of subsection 30- 20.4(a),
when a dwelling unit is enlarged on a property that is not in compliance with the minimum
required parking, an additional parking space shall be added for each seven hundred fifty
(750) square feet of added floor area until compliance is achieved. This requirement shall
not apply to single- family dwellings unless the single - family dwelling is enlarged to contain
3,000 square feet of floor area or greater. An existing driveway may be considered as up
to three (3) parking spaces in tandem serving a single dwelling unit or a primary dwelling
and an accessory dwelling serene unit if the proposed space(s) conform to the
requirements of subsections 30 -7.8, and 30 -7.9. Conformance with subsection 30- 7.10.a
is not required.
Section 11. 30-7.6 Schedule of Required Minimum and Maximum Off-Street Parking
Spaces.
Insert two new rows, as follows:
Use
Measurement
Min.
Max.
Residential
Dwelling units 3,000 sq. ft. or less
Per unit
2
Dwelling units more than 3,000 sq. ft. in size
Per unit
3
-
Accessory dwelling units
See Section 30-
5.18
Junior accessory dwellinggnits
Per unit
-
Dwelling units located above ground-floor
commercial or retail uses within the
Community Commercial district
Per unit
1
2
Section 12. 30-7.9 — Parking Dimensions and Access
Amend subsection d. Tandem Parking as follows:
d. Tandem Parking. Tandem parking is only permitted to satisfy parking requirements
for residential uses in which the tandem spaces serve the same unit, except as
allowed for accessory dwelling units as provided in Section 30-5.18.
Section 13. 30-37.2 — Improvements subject to Design Review Exceptions.
Amend subsection b. Exempt Improvements as follows:
b. Exempt Improvements.
16. Sesend —units Accessory dwellina units and iunior accessory dwellina units
consistent with development regulations and review processes of SeGtien 30 44
30 -5.18.
18. Window and patio door improvements, including new installation, removal,
relocation, or resizing of existing openings, provided the improvement:
A. Is not located on a front or street side elevation.
13. IS RGt asSGGiated with the Greatien of new fleeF area-.
GB. Does not alter any original or other architecturally significant character-
defining features, such as stained glass, decorative arches and other special
treatment.
Section 15. Severability Clause. It is the declared intent of the City Council of Alameda
that if any section, subsection, sentence, clause, phrase; or this,ordinance is
I provision of
held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not be so construed as to render invalid or unconstitutional the
remaining provision of this ordinance.
Section 16. This ordinance and the rules, regulations, provisions, requirements, orders,
and matters established and adopted hereby shall take effect and be in full force and
effect from and after the expiration of thirty (30) days from the date of its final passage.
Attest:
Lara Weisiger, City C ,ferk
City of Alameda
'residing O is r of the City Council
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 5th day of July, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Vella and Mayor Spencer —
3.
NOES: Councilmembers Matarrese and Oddie — 2.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 6th day of July, 2017.
Lara Weisiger, City 011 er
City of Alameda
APPROVED AS TO FORM:
Janet C. Kern, City Attorney
City of Alameda 24:'A'