pages: CityCouncil/2021-11-30.pdf, 7
This data as json
body | date | page | text | path |
---|---|---|---|---|
CityCouncil | 2021-11-30 | 7 | into effect January 1, 2022; the Planning Board will review staff's initial zoning amendments for the R1 district on December 13th; there are approximately 9,500 R1 parcels in the City; the R1 district allows an ADU up to 1,200 square feet and a junior ADU; the draft Housing Element proposal allows for an additional ADU; Council cannot stop State law and SB 9; SB 9 allows a property owner to perform a lot split and sale of the alternate unit; staff believes SB 9 will increase the capacity in the R1 zoning districts; staff is expecting a moderate increase in production and roughly 30 ADU projects per year due to SB 9; many ADUs are not discernable; the City's ability and authority to regulate land is passed down from the State; if the voters of Alameda adopt a measure in conflict with State law, the measure is unenforceable; Council adopted zoning regulations in 2012 which were in conflict with the City Charter since Article 26 is in conflict with State law; it is unfortunate that voters kept the conflict in the Charter since it is unenforceable; staff cannot maintain General Plan conformance with State law and respect the City Charter; should if City wishes to maintain its land use authority, a Housing Element must be adopted; the Housing Element is in conflict with the City Charter. Mayor Ezzy Ashcraft inquired where the City is currently at with the Navy cap at Alameda Point. The City Manager responded around 2011, the City and Navy came to an agreement which included a no-cost transfer of land to the City of Naval land; stated the no-cost transfer includes several stipulations, including the Navy having to clean up the land; the Navy cap allows only a certain number of housing units, which are included in the Housing Element; the Navy has had to review the agreement to ensure compliance with the National Environmental Policy Act (NEPA); the agreement and any subsequent amendments would also have to remain in compliance with NEPA; NEPA is required when a federal entity works with a local jurisdiction. Mayor Ezzy Ashcraft inquired whether a penalty exists for non-compliance. The City Manager responded in the affirmative; stated the City would have to pay $50,000 per unit once the cap is exceeded; the $50,000 has grown to about $100,000 due to inflation; the City previously worked out an agreement with the Navy that affordable housing units do not count towards the cap; the City is working on an amendment to the agreement with the Navy; the Navy understands that conditions and market changes have occurred. Mayor Ezzy Ashcraft inquired whether staff has been in discussion with the Navy about the penalty payment. The City Manager responded in the affirmative; stated staff will report back to Council for direction by the end of the December; staff will continue to work with the Navy and make sure NEPA is followed. In response to Mayor Ezzy Ashcraft's inquiry, the Planning, Building and Transportation Director stated R1 through R6 districts are the names of the six residential zoning districts; each zone has slightly different development requirements; any homeowners are within one of the R1 through R6 zoning districts. Councilmember Daysog inquired whether Article 26 being unenforceable is the result of a court action; stated Article 26 has been voted on by the people and is the law of the land until there is a court order. The City Attorney responded staff's obligation is to defend the City and its voter decisions to the Continued November 16, 2021 Regular Meeting Alameda City Council November 30, 2021 7 | CityCouncil/2021-11-30.pdf |