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Alameda County ADU Granny Flat Regulations

In an effort to combat rising housing costs California passed major legislation allowing any house zoned for single-family to build a second rentable unit, known as an accessory dwelling unit. This has opened up massive opportunities for California homeowners allowing them maximize their property values. If you’re interested in building an accessory dwelling unit, you’ve come to the right place!

ORDINANCE NO.:

AN ORDINANCE AMENDING TITLES 12 AND 17 OF THE ALAMEDA COUNTY GENERAL ORDINANCE CODE, FAIRVIEW AREA SPECOIC PLAN, LITTLE VALLEY SPECIFIC PLAN AND MADISON AVENUE SPECIFIC PLAN REGARDING ACCESSORY DWELLING UNITS

The Board of Supervisors of the County of Alameda, State of California, does ordain as follows:

SECTION I

The Board of Supervisors makes the following findings in support of this Ordinance:

  1. In September 2016, the State of California passed AB 2299 and SB 1069, amending Government Code section 65852.2 regarding the regulation of accessory dwelling units; and
  2. State law, as revised, restricts the manner in which local agencies can regulate accessory dwelling units; and
  3. The General Ordinance Code of the County of Alameda regulates accessory dwelling units and fees applicable to accessory dwelling units, including Sections 12.20.050 and 12.20.120 of Title 12 of the Alameda County General Ordinance Code related to Park Dedication Fees, Sections 17.04.010, 17.30.110, .120 and .130, 17.52.780, 17.54.225 and 17.60.050 of Title 17 of the Alameda County General Ordinance Code related to Zoning, and various sections of the Fairview Area Specific Plan, Little Valley Specific Plan and Madison Avenue Specific Plan; and
  4. The amendments to the General Ordinance Code set forth herein are made to conform to the new State law regarding accessory dwelling units; and
  5. The Alameda County Board of Supervisors did consider amending Sections 12.20.050 and 12.20.120 of Title 12 of the Alameda County General Ordinance Code related to Park Dedication Fees and Sections 17.04.010, 17.30.110, .120 and .130, 17.52.780, 17.54.225 and 17.60.050 of Title 17 of the Alameda County General Ordinance Code related to Zoning and various sections of the Fairview Area Specific Plan, Little Valley Specific Plan and Madison Avenue Specific Plan; and
  6. Notice of public hearing was given as required by law; and
  7. The Planning Commission did hold a public hearing on said proposed amendment at the hour of 6:00

p.m. on Monday, February 6, 2017; and

  1. This Board did hold a public hearing on said proposed amendment at the hour of1:00 m. on Tuesday, April 25, 2017; and
  2. The Board does find that the amendments to the Alameda County General Ordinance Code have been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and the proposed amendments have been found to be exempt from further environmental review pursuant to CEQA Guidelines Section 15282(h) and Public Resources Code Section 17 which exempt the local adoption of ordinances regarding second units in a single-family or multifamily residential zone to implement Government Code section 65852.2 and pursuant to the general rule in CEQA Guidelines section 15061(b)(3), which specifies that CEQA applies only to any project with the potential to cause a significant impact on the environment; and

Alhambra ADU / Granny Flat Ordinance

ORDINANCE NO. O2M17-4724

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALHAMBRA, CALIFORNIA, AMENDING TITLE 23 (ZONING) OF THE ALHAMBRA MUNICIPAL CODE, CHAPTER 23.57 REGARDING PERMITTING OF ACCESSORY DWELLING UNITS IN ALL RESIDENTIAL ZONES

THE CITY COUNCIL OF THE CITY OF ALHAMBRA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. FINDINGS OF FACT. The City Council finds and determines as follows:

  1. Title 23 of the Alhambra Municipal Code sets forth the Zoning regulations for the City;
  2. Pursuant to Government Code Section 65852.2, the City of Alhambra is required to amend existing Chapter 57 of the Alhambra Municipal Code regulating Accessory Dwelling Units (“ADUs”) which was nullified January 1, 2017;
  3. Government Code Section 2 does delegate certain standards of approval of ADUs to local agencies, allowing the City to retain some level of local control over the implementation of ADUs;
  4. The City has determined that it is appropriate to allow ADUs to be developed on residential zoned properties that meet local development standards that reflect generally-applicable standards for the zones in which ADUs will be sited;
  5. To effectuate the determination that ADU’s are allowed on residential zoned properties that meet local development standards, the City Council has determined that Chapter 57 shall be amended to bring the regulations into alignment with State Law;
  6. This Ordinance will be made consistent with the objectives, policies, general land uses and programs of the General Plan as the City is bringing a General Plan Amendment to be considered at the same time as the Ordinance to address any inconsistencies. Per Government Code § 65852.2(C), accessory dwelling units do not exceed allowable density for the lot upon which the accessory dwelling unit is located, and that accessory dwelling units are a residential use that is consistent with the existing General Plan and zoning designation for the lot;
  7. This Ordinance would not be detrimental to the public interest, health, safety, convenience or welfare. In 2016, the State Legislature approved two amendments to State Law which required local agencies to ministerially consider accessory dwelling unit (“ADU”) applications in residential The legislation consists of Assembly Bill 2299 and Senate Bill 1069, which together amended California Government Code § 65852.2. This legislation is the result of a statewide housing crisis, rising housing costs, and a shortage of affordable housing options;
  8. The approval of this Ordinance is in compliance with the requirements of the California Environmental Quality Act (CEQA). The Ordinance is statutorily exempt from CEQA review pursuant to Public Resources Code Section 17 (“Act not applicable to local ordinances regulating construction of dwelling units and second units”) and CEQA Guidelines Section 15282(h) (“Other Statutory Exemptions”): “(t)he adoption of an ordinance regarding second units in a single-family or multi-family residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code;’

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