Alameda Planning Board Study Session on ADU Ordinance Update – May 11, 2026

On Monday, May 11, 2026, at 7:00 p.m., the City of Alameda Planning Board held a regular meeting with a full board of seven members. The primary focus was a study session on updates to the Accessory Dwelling Unit (ADU) ordinance, including the potential to allow ADU condominium conversions. The board also received a non-agenda update on city infrastructure needs, approved consent calendar items, and heard public testimony.

Consent Calendar

• The draft meeting minutes from April 13, 2026, were approved with a vote of 5-0-2 (two abstentions).

Public Comments & Testimony

• Danielle Mueller, Sustainability and Resilience Manager, presented on the city's infrastructure challenges. She cited more than $800 million in urgent needs, including aging roads, bridges, storm drains, and public safety facilities. A potential $300 million local infrastructure measure is under consideration, which would cost property owners approximately $49 per $100,000 of assessed value (about $245/year for a $500,000 home). She encouraged residents to complete a survey at AlamedaCA.gov/StrongerTogether.
• Benjamin Winter, a longtime resident and part owner of a property attempting a lot split, expressed strong support for ADU condo conversion. He noted that current processes are cost-prohibitive and that ADUs could create affordable homeownership opportunities, weaving socioeconomic diversity into neighborhoods.
• Hank Hernandez, president of Alameda Tiny Homes, spoke in favor of allowing ADU condo conversions, sharing his experience building dozens of ADUs. He noted that most ADUs he builds are for family use, not rentals, and that condominization could provide a path to homeownership. He suggested the city survey existing ADU usage and consider streamlined processes for conversions.
• The board also acknowledged a written comment from the Housing Action Coalition.

Discussion Items

1. ADU Condominium Conversion (AB 1033) – Staff presented the option to allow ADUs (proposed or existing) to be converted into condominiums, sold separately as ownership units. The board discussed potential impacts on rental housing stock (conversion of <3% of existing rentals), tenant displacement protections, and the complexity of the process. Board members were broadly supportive, favoring flexibility and noting that homeownership opportunities are needed. They requested further analysis of development standards and tenant protections.

2. Front Yard Setback for Non-State-Exempt ADUs – Currently, the ADU ordinance does not specify a front yard setback for ADUs that are not state-exempt (66323 units). The board generally favored maintaining the standard 20-foot front yard setback, with allowances for existing non-conforming setbacks on the same block. Some members suggested a "lesser of" approach to avoid imposing a stricter setback than the primary structure.

3. Number and Type of ADUs Allowed in Multifamily Buildings – Alameda's current ordinance is more permissive than state law, allowing uncapped conversion of existing space within multifamily buildings. The board largely supported keeping the current permissive policy, noting it encourages housing production. A few members raised concerns about very large projects (e.g., 55 ADUs) potentially evading impact fees and parking requirements, but no changes were adopted.

4. Additions to Existing Non-Conforming Accessory Structures – The board discussed whether ADU conversions of non-conforming garages (often with zero-foot rear setbacks) should be allowed to extend along the non-conformity. Most members opposed allowing such extensions, especially at zero-foot setbacks, citing potential impacts on neighbors' rear yards. The preference was to require the standard four-foot setback for additions.

5. Removal of Existing Parking Requirements – The board agreed to codify the existing practice of requiring removal of curb cuts and restoration of the right-of-way when a garage is converted to an ADU and there is insufficient space (less than 18 feet) for a parking stall. No changes were proposed.

6. Impact Fee Exemptions – The city currently waives all discretionary impact fees for ADUs. The board requested more data on potential revenue from imposing proportional fees on ADUs over 750 square feet. Most members were not inclined to impose fees now, as they could discourage ADU production in a constrained market. However, some suggested exploring exemptions for very large projects.

7. Deed Restriction Requirements – State law has curtailed local deed restrictions. The board generally supported removing all remaining deed restrictions except those required by state law (e.g., owner occupancy for JADUs with shared sanitation facilities). The sentiment was that such requirements are unnecessary and create hurdles.

Key Outcomes

• ADU Condo Conversion: The board directed staff to prepare a red-line ordinance allowing ADU condominium conversions, with options for tenant protections and streamlined processing. A draft is expected for the June meeting.
• Front Yard Setback: Staff will draft a 20-foot front yard setback for non-state-exempt ADUs, with provisions for non-conforming existing setbacks (e.g., the lesser of 20 feet or the existing block setback).
• Number of ADUs in Multifamily: No changes to current policy, but staff will confirm state law on detached ADUs and ensure the city's rules are at least as permissive.
• Non-Conforming Additions: Staff will not allow extensions of non-conforming setbacks for ADU additions; the standard four-foot rear/side setback will apply.
• Parking Removal: Codify existing practice in the ADU ordinance.
• Impact Fees: Staff will provide data on potential revenue from fees on ADUs over 750 square feet; no immediate action.
• Deed Restrictions: Remove all non-required deed restrictions; retain only state-mandated owner occupancy provisions for JADUs.
• Staff Transition: Abby Thorne Lyman, Director of Base Reuse and Economic Development, will serve as interim Planning, Building and Transportation Director, with retired director Andrew Thomas assisting part-time.
• Upcoming Meetings: The next meeting is Tuesday, May 26, 2026 (due to Memorial Day). Future agenda items include development agreement annual reviews, Alameda Marina Master Plan amendment, and ongoing ordinance work.