New granny unit law has city scrambling                      By Peggy Stinnett, Oakland Tribune, April 5, 2003

STATE LEGISLATION that goes into effect July 1 has turned upside down Oakland's zoning restrictions on creating granny units.

The new law has set Oakland scrambling to lessen its impact on the city's mainly single family neighborhoods by adopting standards for creation of the second units.

Without standards, there would be virtually no city review required as now exists. An applicant would get permission with an over-the-counter ministerial transaction instead of a time-consuming planning process.

Under Oakland's existing planning code, secondary units must get a conditional use permit. But the new law says cities must allow secondary units in all residential zones without the need for a CUP or planning review.

The dictum from Sacramento is a legislative response to the need for more affordable housing for the state's exploding population.

Its saving grace is that cities can establish relevant development standards. That's why Oakland and other cities are scurrying to establish rules that will lessen the possible negative effects.

Oakland neighborhoods that are primarily single family are reacting to the new state law, wondering if the elimination of regulations will lead to a proliferation of the units.

Councilmember Jean Quan (Montclair-Laurel) is urging residents and neighborhood groups to attend a public hearing from 7 to 9 p.m. Monday at City Hall when the new law and the planning department's proposals will be discussed. The law goes into effect on July 1.

Val Eisman, who lives in North Oakland, says more density is already affecting her neighborhood, where there are four units going in where there used to be two houses.

"We have the right to preserve the character of our neighborhoods," says Eisman.

Density and parking were major issues in Oakland when the council adopted a secondary unit ordinance almost three years ago.

At that time, most opposition came from hills residents where housing is almost exclusively single family.

This prompted former Councilmember Dick Spees of District 4 (Montclair-Laurel) to propose that secondary units be required to get a conditional use permit. The requirement has contributed to higher quality structures and conversions.

Primary issues that will shape the discussion of what high standards should apply will include off-street parking and the size of the secondary building relative to the size of the lot and the existing residence.

There also may be a restriction placed on adding secondary units in the firestorm area where residents would be unable to evacuate quickly in an emergency because of a lack of exit roads, and other neighborhoods where there are such circumstances.

Secondary units, also known as granny or in-law apartments, can be separate buildings or cottages in addition to a single family home. Under the new law, they can be prefab factory homes and mobile homes.

Or they can be conversions of space within single family homes to create separate living quarters. The units must have their own kitchen and bathrooms to qualify as a second unit. But occupants don't have to be grannies or in laws.

Quan wants high standards set, especially those concerning parking. "We have to consider the future number of cars one family may have, compared to the typical family who had one car when the house was built."

She is concerned that when the children of Baby Boomers are ready to drive and have their own cars, the number of vehicles per household might rise proportionately with the number of children in a family.

Neighborhoods in the flatlands will be more impacted by the new law because lot sizes are generally smaller and most neighborhoods are already densely populated.

But residents in flatland neighborhoods may favor the addition of a secondary unit because of the income it would generate or the home it would provide for a friend or relative.

State Assemblymember Rod Wright (D-Los Angeles) was author of the bill, AB1866. It may be seen on the Web by going to www.leginfo.ca.gov/pub/ab1866 bill.

For more information call Andrew Smith, city planner, at 238-6414 or Quan's office 238-7004.