MAC Paves the Way for More ‘Granny Flats’
The Castro Valley Municipal Advisory Council (MAC) closed out their year with the approval of a pair of land use projects at their Monday night meeting.
It will soon be a little easier to have an Additional Dwelling Unit (ADU) on your property thanks to amendments the MAC approved, which will align the county with the state law that went into effect early this year.
State Assembly Bill 221 (AB221) attempts to help resolve California’s housing crunch by clarifying old legislation, which makes the language of the regulations less prone to misinterpretation and streamlines the process of ADU development. Also known as an in-law or mother-in-law unit, secondary dwelling unit, or granny flat, an ADU usually has its own kitchen, living area, and separate entrance.
Rodrigo Orduna, assistant planning director for the county, said that ADUs are beneficial because they are helpful for first-time homeowners/ renters, can enable multiple generations of a family to live together and provide additional income for homeowners who might be struggling with their mortgage payments.
“We are in a housing crisis in California, and we need to provide more affordable homes,” said Orduna.
Orduna added that the county expects to see approximately 414 ADUS in the unincorporated area during the next 8-year housing cycle and receive “a couple” of weekly applications.
Under the law, all cities must allow ADUs to be as much as 16 feet tall, meaning there could be two-story ADUs. Further, if a unit is within a half-mile of public transit or the property already has a multi-family dwelling that is at least two- stories, the height can be 18 feet tall if a unit is attached to a home, it can be 25 feet.
Other changes: previously, an ADU permit had to be approved or denied within 60 days by a municipal planning department. Sometimes, this process would take longer, and departments would just deny applications once the 60 days were up. Now, the law requires the municipalities to specify all the reasons an application is denied.
AB221 also allows builders to propose and build ADUs while building multi-family housing. Previously, developers had to complete their housing projects before trying to get approval for ADUs.
Also, if an ADU is under 800 square feet, it now cannot be denied because of front setback requirements.
Under AB221, municipalities may be more permissive than the state regarding ADUs, but not less. Also, the laws will default to the state statutes if the county doesn’t have its own legislation.
Some members of the MAC said that it’s not optimal to make unilateral decisions because each city or county has its own unique challenges. Others said they were worried that having ADUs could potentially impact neighbors but also acknowledged the need for more housing.
The ADU modifications will next go to the Planning Commission in the new year and are expected to be before the Alameda County Board of Supervisors in February 2024.
The MAC also approved an application to allow the continued operation of a massage establishment and massage school at 2881 Castro Valley Boulevard, the current site of Healing Touch Massage.
The establishment was initially granted the ability to operate in 1985 when it was primarily a medical office that offered physical therapy and chiropractic services, but medical services have since been discontinued. The proposed massage establishment/ school is being reviewed because it will now be a primary massage business when, in the past, the massage aspect was ancillary, according to the county.
Also, at Monday night’s meeting, the MAC approved their meeting schedule for all of 2024, including 24 land use meetings and 12 general purpose meetings of the council.