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Alameda County introduces local ADU ordinance to align with state rules

Alameda County Board of Supervisors Planning Meeting · August 8, 2024
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Summary

Alameda County planning staff presented and the Board waived first reading of a local ordinance to adopt state-mandated accessory dwelling unit (ADU) and junior ADU rules, while retaining restrictions for secondary units in large rural/agricultural parcels; board adopted the introduction after brief discussion and public comment.

Alameda County planning staff introduced an ordinance to locally adopt accessory dwelling unit (ADU) and junior ADU (JADU) rules that reflect recent state law changes, and the Board of Supervisors voted to waive the first full reading and introduce the measure.

Rodrigo Orduna, Alameda County Planning Department, told the board that state legislation has progressively made it easier to build ADUs and JADUs and that the county must adopt a local ordinance to meet housing element obligations. “So in summary, we are locally adopting the state mandated ADU or accessory dwelling unit and JADU or junior accessory dwelling unit ordinances at the local level in order to comply with our housing element responsibilities,” Orduna said.

Staff recommended a technical modification to a proposed parking section: removing the phrase “and junior accessory dwelling unit” so the rule would read, in part, that one on-site parking space is required for each ADU but may be located within front-yard or street-side setbacks in listed circumstances. Orduna also recommended keeping the county’s existing policy that allows owners of parcels larger than 40,000 square feet in rural and agricultural areas to retain earlier secondary-unit rules in addition to state-allowed ADUs.

Board members asked for implementation details and data. President Miley asked how many ADUs had come online recently; Orduna said the most recent complete year showed about 80 ADUs in 2023 and that the county is seeing a ramp-up that could contribute to meeting the housing element target over an eight-year cycle.

Two members of the public spoke in favor and asked clarifying questions about standards for rural areas and safety access; Brenda Clark of Fairview questioned how fire and road-width standards would be enforced for hillside streets and asked whether standards requiring adequate water supply and access would be retained. Orduna replied that state health and safety rules would continue to apply and that local denials would require written findings tied to health and safety (for example, inadequate access or water supply).

Supervisor Tam moved to waive the first full reading and introduce the ordinance; Supervisor Marquez seconded. The clerk recorded the roll call and the introduction passed.

The measure will return for further readings and formal adoption. The board’s action today advanced the ordinance to subsequent hearings and review.