Title 17 — ZONING

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Title 17 - ZONING

Chapters:

Chapter 17.02 - INTRODUCTORY PROVISIONS

Sections:

This title may be cited as the zoning ordinance of the County of Alameda, California.

(Prior gen. code § 8-19.0)

(Ord. No. 2010-71, § 1, 12-21-10)

This title provides for the division of the unincorporated territory of the county into parts, hereinafter designated as districts, within each of which the uses of land and buildings and the height and bulk of buildings and the open spaces about buildings are regulated as specified. It is adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare, and for the following more particularly specified purposes:

A.

Implement the general plan of the county by guiding and regulating development;

B.

To protect the character and stability of existing development, and to encourage orderly and beneficial new development;

C.

To provide adequate light, air, privacy, and convenience of access to property, and to secure safety from fire and other dangers;

D.

To prevent overcrowding the land and undue congestion of the population;

E.

To regulate the location of buildings and the use of buildings and land so as to prevent undue interference with existing or prospective traffic movements on public thoroughfares.

(Prior gen. code § 8-19.1)

(Ord. No. 2010-71, § 2, 12-21-10)

The provisions of this title, to the extent that they are substantially the same as those in effect relative to the same subject matter prior to the effective date of its adoption, shall be construed as restatements and continuations thereof and not as new enactments.

(Prior gen. code § 8-19.2)

(Ord. No. 2010-71, § 3, 12-21-10)

In their interpretation and application, the provisions of this title shall be held to be minimum requirements. Nothing in this title shall repeal or amend any ordinance of the county requiring a permit or a license, or both, to cover any business. The provisions of this title are not intended to impair or interfere with any existing easement, covenant or other agreement between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises, or upon the height or bulk of buildings and structures, or requires larger building sites, yards or other open spaces, than are imposed by any other law, ordinance, easement or agreement, then the provisions of this title shall control.

(Prior gen. code § 8-19.3)

(Ord. No. 2010-71, § 4, 12-21-10)

The unincorporated territory of the county is hereby divided into districts, within each of which certain uses of land and buildings are permitted and certain other uses of land and buildings are restricted or prohibited and within which certain combinations or regulations are applied with reference to building site dimensions, yard dimensions, and other matters; all as set forth in this title.

(Prior gen. code § 8-19.4)

(Ord. No. 2010-71, § 5, 12-21-10)

There are the following districts established respectively for the purposes set forth in the chapter or section of this title indicated opposite the name and symbol designating each of the following:

Name of District Designated As: Chapter or Section Number

(Prior gen. code § 8-19.5)

(Ord. No. 2010-71, § 6, 12-21-10; Ord. No. 2020-66, § 12, 12-15-20; Ord. No. 2024-41, § 3, 12-17-24)

17.02.070 - Districts—Joint reference.

Wherever a regulation is applied herein to any R district, it shall be understood to apply to any district designated in Section 17.02.060 by the primary symbol "R" and shall be understood to apply to any PD district if that district contains any residential uses. The regulation of secondary housing units in certain residential districts shall be understood to apply to any PD district if that district contains any residential uses. Wherever a regulation is applied herein to any C district it shall be understood to apply to any district designated in Section 17.02.060 by the primary symbol H or C. Whenever a regulation is applied herein to any M district it shall be understood to apply to any district designated in Section 17.02.060 by the primary symbol "M."

(Prior gen. code § 8-19.6)

17.02.080 - Districts—Established.

The districts and combining districts hereinabove referred to are hereby established as they are bounded and described upon the zoning map.

(Prior gen. code § 8-19.7)

17.02.090 - Zoning map.

The zoning map shall show by boundaries and designation the district classification of all lands in the unincorporated area of Alameda County as such boundaries and classifications have been established by Ordinance No. 420 and any amendment thereto.

(Prior gen. code § 8-19.8)

The planning commission shall maintain an official copy of the zoning map.

(Prior gen. code § 8-19.9)

Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning map, the planning commission upon written application, or upon its own motion, shall determine the location of such boundaries.

(Prior gen. code § 8-19.10)

Whenever the district boundaries are changed, or when the district classification of any property is changed, by an action of the board of supervisors, pursuant to Section 17.54.720, said change shall be entered upon the zoning map and certified by the planning director.

(Prior gen. code § 8-19.11)

Except as otherwise provided herein, land, buildings, structures and premises shall hereafter be used only in accordance with the regulations herein established.

(Prior gen. code § 8-19.12)

Except as otherwise provided in this title, no lot or portion thereof shall be sold, transferred, divided, or set off in such a manner that any portion sold, transferred, divided, set off or portion remaining shall contain an area, area per dwelling unit, effective lot frontage, median lot width, or required yards or parking spaces less than the minimum prescribed by the regulations relating to the district in which it is situated nor shall a lot or portion thereof be sold, transferred, divided or set off in such a manner that shall create a use on any portion sold, transferred, divided, set off, or portion remaining inconsistent with the regulations relating to the district in which it is situated.

(Prior gen. code § 8-19.13)

(Ord. No. 2010-71, § 7, 12-21-10)

17.02.150 - Division of lots—Rescission.

Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this title is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale, or contract to sell, but the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, his assignee, heir or devisee.

(Prior gen. code § 8-19.15)

(Ord. No. 2010-71, § 18, 12-21-10)

Chapter 17.04 - DEFINITIONS

Section:

For the purpose of this title, certain words and phrases are defined and shall be construed as set out in this and the following sections unless it is apparent from the context that they have a different meaning. All public officials, bodies, and agencies to which reference is made shall be understood to mean those of the County of Alameda, hereinafter referred to as the county, unless the text indicates otherwise.

"Access driveway" means land providing vehicular access to a building or off-street parking area, open from the ground to the sky except as may be otherwise indicated on an approved site development review plan, land use and development plan, or cluster permit plan.

"Accessory dwelling unit (ADU)" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as a single-family dwelling, multifamily dwelling, or mixed-use dwelling. An accessory dwelling unit also includes the following:

1.

An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

2.

A manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Accessory structure" means a detached subordinate structure or building on a lot, the use of which is appropriate, incidental and customarily or necessarily related to the district and to the principal use of the lot or to that of a main building on the lot.

"Accessory use" means a use which is appropriate, subordinate, incidental and customarily or necessarily related to a lawfully existing principal use on the same lot or building site and does not alter the essential characteristics of such principal use as a whole and as related to other uses permitted in the same district.

"Adult entertainment activity" means any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition or viewing of books, magazines, films, photographs or other materials, distinguished or characterized by an emphasis on matter depicting, describing, or relating to human sex acts, or by an emphasis on male or female genitals, buttocks, or female breasts. Adult entertainment activities also include, by way of illustration only, such activities as nude encounter, dance studios, bath houses, escort studios and any establishment that offers no readily discernable product or service.

"Agricultural building" means a structure designed and constructed or used to house farm implements or farm equipment; poultry, livestock, or similar farm or ranch animals; or hay, grain, olives, nuts, hops, wine, or other horticultural products in bins, tanks, barrels, case goods, or other storage vessels. This structure shall allow for the processing, treatment, packaging, and storage of agricultural and/or horticultural products. This structure shall not be a place of human habitation, nor shall it be a place used by the public or for social events.

anch animals; or hay, grain, olives, nuts, hops, wine, or other horticultural products in bins, tanks, barrels, case goods, or other storage vessels. This structure shall allow for the processing, treatment, packaging, and storage of agricultural and/or horticultural products. This structure shall not be a place of human habitation, nor shall it be a place used by the public or for social events.

"Agricultural caretaker" is a person who performs at least one of the following: on-site security; maintenance or care for livestock or other ruminants, horses, bees, rabbits, fowl, poultry; operational tasks related to farming or ranching, or in a viable agricultural business or public/commercial recreational interest on the property.

"Agricultural caretaker dwelling" means any approved temporary dwelling, manufactured home, or mobile home constructed after September 15, 1971, and issued an insignia of approval by the California department of housing and community development which is placed on a temporary foundation. Such a dwelling shall be occupied by an agricultural caretaker and his/her family.

"Agricultural employee" means a person engaged in agriculture, including: Farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in Section 1141j(g) of Title 12 of the United States Code), the raising of livestock, bees, furbearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market.

"Agricultural employee housing" means any living quarters or accommodations of any type, including mobilehomes, which comply with the building standards in the State Building Standards Code or an adopted local ordinance with equivalent minimum standards for building(s) used for human habitation, and buildings accessory thereto, where accommodations are provided by any person for individuals employed in farming or other agricultural activities, including such individuals' families. The agricultural employee housing is not required to be located on the same property where the agricultural employee is employed.

"Alcohol outlet" means any retail establishment engaged in the business of selling alcoholic beverages for off-premises consumption; a winery, pursuant to the definition of winery in this section is exempted.

"Artisan/maker space" means a work, studio, and/or retail space for artisans, craftsmen, and small-scale manufacturers to work in an individual or communal setting, where the activities produce little to no vibration, noise, fumes, or other nuisances more typical in industrial or manufacturing uses.

"Billboard" means a permanent structure or sign used for the display of offsite commercial messages and shall include and be synonymous with "advertising sign."

"Block" means that property abutting one side of a street or lane which lies between the two nearest intersecting or intercepting streets, or between the nearest such cross street and an intersecting railroad right-of-way, watercourse, body of water, or the end of the street or lane.

"Boarding house" means a building or portion thereof, other than a hotel or restaurant, where four or more persons are provided with lodging or meals or both meals and lodging for a consideration and pursuant to previous arrangement. The term includes a lodging house or rooming house, but does not include institutional uses such as a hospital or an orphanage or home for the aged.

"Board of zoning adjustments" means any board of zoning adjustments established under Administrative Code Sections 2.40.120 et seq. having jurisdiction over the specific application.

"Building" means any structure erected for the support, shelter, or enclosure of persons, animals, or property. A vehicle regulated by the State Vehicle Act shall not be deemed to be a building. (See also accessory building, main building.)

"Building site" means the land area, consisting of one or more recorded lots which constitute a unit, either under one ownership or for use as a condominium, which is to be considered as a site either occupied or to be occupied by a main building or buildings and accessory buildings or by a principal use and accessory uses together with the effective lot frontage on a street, and the yards, open spaces and parking and loading spaces required by these regulations.

"Cannabis" shall have the same definition as in Business and Professions Code Section 26001(f), which defines "cannabis" as all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For purposes of this chapter, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the California Health and Safety Code.

"Cannabis cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming, including any associated storage, of Cannabis, including cannabis for medicinal use and/or adult-use in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

"Cannabis distribution" means the procurement, sale, and transport of cannabis and cannabis products between entities licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

"Cannabis retailer" means a premises where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers cannabis and cannabis products as part of a retail sale under the authority of

the California Compassionate Use Act, the Medical Marijuana Program Act, or the Medicinal and Adult-Use Cannabis Regulation and Safety Act and as regulated by Chapter 6.108 of this code.

"Cannabis testing laboratory" means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

"Canopy" means an accessory structure, enclosure. or shelter constructed of fabric or pliable material supported in any manner, except by air or the contents it protects, without side walls or drops on seventyfive (75) percent or more of the perimeter.

"Channel" means a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow thus is that water which is flowing within the limits of the defined channel.

"Clubhouse" means a building used for social or civic activities by a group of persons who are members of an organized and incorporated association, excluding any building where the chief activity is one customarily carried on as a business, or where a room or suite of rooms is frequently rented or regularly offered for a rent to nonmember groups or to the general public.

"Code enforcement manager" means the planning director or designee.

"Combined cannabis operation" means a cannabis operation that engages in at least three of the following commercial cannabis operations on one premises: cultivation, distribution, manufacturing and retail in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

"Community clubhouse" means a clubhouse containing facilities for neighborhood civic and social activities, operated by and for residents in the vicinity, where residence in the area served is a requisite for membership.

"Community facility" means any of the following buildings or uses:

1.

Church or rectory or convent, when constructed of frame or more lasting materials;

2.

School, attendance at which satisfies the requirements of the compulsory education law of state;

3.

Nursery school (except in Castro Valley (Castro Valley Urbanized Areas), where nursery school is not allowed. See instead "Day care center.");

4.

Library, college, university;

Outdoor recreation facility;

6.

Public utility building or uses, excluding such uses as a business office, storage garage, repair shop or corporation yard;

7.

Newspaper carrier distribution center, having an area not in excess of one hundred (100) square feet.

"Conversion" means the modification to the occupancy of a space within the existing volume of a building or covered structure without expansion, except up to one hundred fifty (150) square feet of expansion as allowed for ingress and egress.

"Day care center" means a commercial or non-profit child day-care facility designed and approved to typically accommodate twelve (12) or more children. Includes infant centers, preschools, sick-child centers, and school-age day-care facilities. These may be operated in conjunction with other approved land uses, or as an independent land use.

"Directional tract sign" means a temporary sign not exceeding thirty-two (32) square feet in area and fifteen (15) feet in height and containing only the name and location of a subdivision and directions for reaching same. For the purposes of Section 17.54.080, "directional tract sign" as defined herein is a principal use.

"Drive-in business" means a business activity consisting of sales or service activity predominately rendered to patrons who normally receive the product or utilize the service, at least in part, while in automobiles upon the premises. This definition includes drive-in restaurants and automobile car washes.

"Drive-in restaurant" means any eating establishment which contains any of the following characteristics:

1.

The floor area available for public use is less than one-half of the total floor area;

2.

Has an outside service window; or

3.

Is designed for or uses service to patrons while in automobiles on the premises.

"Drive-in theater" means a place where automobiles are admitted for a fee and parked so the occupants can view a motion picture display while seated therein.

"Dwelling" means any building or portion of a building which contains one or more dwelling units. The term includes one-family dwelling, two-family dwelling and multiple dwelling.

"Dwelling group" means two or more separate one-family, two-family or multiple dwellings occupying a single building site.

"Dwelling unit" means a room, or a suite of connecting rooms, designed for use as separate living quarters or used as separate living quarters and constituted as a separate and independent housekeeping unit and having its own kitchen facilities consisting of one or more of the following: sink, cooking facility or refrigerator. Any detached structure containing a full bath including a water closet, basin and shower or tub or containing a half bath including a water closet and basin, the area of which half bath exceeds twenty (20) square feet, shall also be considered a dwelling unit.

The term "dwelling unit" shall also include for the purposes of this title a one-family mobilehome constructed after July 15, 1976, and issued an insignia of approval by the U.S. Department of Housing and Urban Development and permanently located on a foundation system.

"Effective lot frontage" means whichever is smaller of the following two specified dimensions of a lot or a building site:

1.

The length of the front lot line, excluding any frontage on the stub end of a street where there is no approved turning circle; or

2.

The least lot width at any point between the front line of the lot and the point at which the median lot width is measured.

"Elevation or level of one hundred (100) year flood" means the water surface elevation of the one hundred (100) year flood as shown on officially adopted flood plain maps (as amended) of Alameda County.

"Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person.

"Flood" means a temporary condition of partial or complete inundation of normally dry land areas.

"Flood plain" means the land adjacent to a watercourse or body of water which has been or may hereafter be covered by floodwater from flood flows associated with watercourses conveying the regulatory one hundred (100) year flood.

"Floodway" means the channel of a stream and those portions of the flood plain adjoining the channel that are required to carry and discharge the flood flows associated with the regulatory one hundred (100) year flood without raising the water surface elevation of that flood more than one foot at any point, as shown on officially adopted flood plain maps (as amended) of Alameda County.

Floor Area. See Section 17.52.900.

"Grade" is the lowest point of elevation of the finished surface of the ground between the exterior wall of the building and a point five feet distant from the said wall or the lowest point of elevation of the finished surface of the ground between the exterior wall of the building and the property line if it is less than five feet distant from said wall. In the case of walls parallel to and within five feet of a public sidewalk, alley, or other public way, the "grade" shall be the elevation of the sidewalk, alley, or public way.

"Height of building" means the vertical distance between the average level of the highest and lowest points of that portion of the lot covered by the building and the topmost point of the structure.

"Hog ranch" means any premises where more than three hogs, with any unweaned litters, are maintained.

"Home occupation" means an activity customarily carried on by a resident of a dwelling unit, when activity is incidental and subordinate to the use and maintenance of the dwelling unit as living quarters, as regulated in Section 17.52.210.

"Hospital" means a general hospital as licensed by the State Department of Public Health or psychiatric or alcoholism hospital as licensed by the State Department of Mental Health.

"Hotel" means a building other than a motel containing six or more bedrooms where overnight lodging, without individual cooking facilities, is offered to the public for compensation, primarily for the accommodation of transient guests. A motel shall not be deemed to be a hotel.

"Innovative or unconventional housing to alleviate homelessness" means housing consisting of one or more housing units with no mandated limit on length of stay, linked to onsite or offsite services that assist the resident in retaining the housing, improving their health status, maximizing their ability to live and, where possible, work in the community, and operated under program requirements that call for the recirculation of the unit to another eligible program recipient at regular intervals (for example, every one to two years). Innovative or unconventional housing can include but is not limited to facilities such as tiny homes or micro-housing, co-housing, small sheds, sleeping cabins, and commercial modular buildings or shipping containers reconfigured for sleeping and living.

"Interior lot" means a lot other than a corner lot.

"Junior accessory dwelling unit (JADU)" means an accessory dwelling unit that is fully contained within a single-family dwelling or within an attached garage and which provides complete independent living facilities for one or more persons. It shall not exceed five hundred (500) square feet of interior livable space. It shall include permanent provisions for living, sleeping, eating, and cooking on the same parcel and within the same building as one primary dwelling unit. It may include its own bathroom or share the bathroom facilities with the primary dwelling unit. If a junior accessory dwelling unit does not include a separate bathroom, the junior accessory dwelling unit shall include a separate entrance to the main entrance to the structure, with an interior entry to the main living area. A junior accessory dwelling unit also includes an efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

"Kennel" means any premises where more than six dogs or more than twelve (12) cats, over the age of weaning, are boarded, kept, or otherwise maintained.

"Key lot" means the first lot to the rear of a corner lot, the front lot line of which is a continuation of the side lot line of the corner lot.

"Lane" means either (1) a public thoroughfare which is not improved or maintained by the state, the county or a city; or (2) any private road over which the different owners of three or more separate lots have a common easement for vehicular passage extending to a street. The term does not include any thoroughfare defined in this section as a street, or any driveway lying entirely within a single building site.

"Lot" means a separate parcel of land shown and identified as such on the records of the county recorder or on the final map of an approved and recorded subdivision, excluding therefrom for the purposes of this title any portion thereof which lies within a street, within a lane, or within a fenced-off flood control easement.

Lot, corner. "Corner lot" means a lot or a building site in one ownership which is bounded on two or more adjacent sides by street lines, or by a street line and a lot line abutting a lane, where the angle of intersection does not exceed one hundred thirty-five (135) degrees.

"Lot depth" means the average horizontal distance between the front lot line and the rear lot line (or between two opposite front lot lines) measured on a line running in the general direction of the side lot lines; provided, however, that if either side lot line has any angular change of direction, it shall be measured along a straight line starting from the midpoint of the front lot line so as to bisect the front half of the lot, and extended to the rear lot line.

"Lot line" means one of the boundary lines of a lot or a building site. A street lot line is any lot line abutting a street and for the purposes of this title, does constitute a boundary line of a lot unless otherwise specified in the document creating the lot. The front lot line is a street lot line upon which the effective lot frontage is required to be provided. On a corner lot, the shorter street lot line is the front lot line; in the case of a square corner lot, either of the equal street lot lines may be designated to be the front lot line. An interior through lot abutting two approximately parallel streets has two front lot lines. The lot line generally opposite the front lot line is the rear lot line, and need not be a straight line. All other lot lines are side lot lines.

"Lot width" means the horizontal distance between the side lot lines measured at a right angle to the line along which lot depth is measured.

"Main building" means one in which the principal use of the lot upon which it is situated is being conducted. A dwelling in any R district is a main building.

"Manufactured home" means a factory-assembled structure or structures transportable in one or more sections, that is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation acceptable to the authority having jurisdiction and where connected to the required utilities, including but not limited to plumbing, electrical, heating and air-conditioning contained therein and installed in accordance with Title 25.

"Median lot width" means the lot width at the midpoint of the line along which the lot depth is measured.

"Medical cannabis," "medical cannabis product," or "cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code. For the purposes of this chapter, "medical cannabis" does not include "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

"Medical or residential care facility" means a residential care home as licensed by State Department of Social Services, Community Care Licensing Division. This term also includes group living quarters housing

persons placed by an authorized agency for rehabilitation purposes and is funded by or licensed by or is operated under the auspices of an appropriate federal, state or county governmental agency.

"Microbrewery" means a commercial facility for manufacture, blending, fermentation, processing, and packaging of malt liquor that produces less than ten thousand (10,000) barrels (three hundred ten thousand (310,000) U.S. gallons) of beer annually. At all times, microbreweries must have a current and applicable California Alcohol Beverage Control License.

"Microbrewery related uses" means various uses accessory to a microbrewery which must be clearly incidental and subordinate to the primary microbrewery use. The term includes various temporary, cultural and social events (catered banquets, receptions, concerts, food and beer festivals, etc.) that would not compromise the primary agricultural operation or appearance of the property.

"Mixed-use dwelling" means a building containing one or more primary dwelling units and one or more non-residential units.

"Mobilehome" means a factory-assembled structure or structures transportable in one or more sections, that is built on a permanent chassis and designed to be used as a dwelling unit with or without a permanent foundation where connected to the required utilities, including but not limited to plumbing, electrical, heating and air-conditioning contained therein and installed in accordance with Title 15.

"Mobilehome park" is any building site where one or more mobilehome sites are rented or leased or held out for rent or lease or for sale as a unit of a condominium to accommodate mobilehomes used for human habitation.

"Mobilehome site" is that portion of a mobilehome park designed or used for the occupancy of one mobilehome.

"Motel" means a building, or group of one-story or two-story buildings on the same lot or building site, whether detached or in connected rows, containing bedrooms or dwelling units independently accessible from the outside, which are occupied, or offered to the public to be occupied, by automobile travelers. The term includes any building or group of buildings designated as an auto court, motor lodge, tourist court or by any other title or sign intended to identify it as providing for rental or over-night accommodation primarily to motorists.

"Multifamily dwelling" means two or more attached primary dwelling units on one lot.

"Multiple dwelling" means a building or portion of a building containing three or more dwelling units. (Nonconforming use, see Section 17.52.610)

"Name plate" means a sign which serves exclusively to designate the name, or the name and occupation of a person residing in the dwelling.

"Non-taxable merchandise" means products, commodities, or items not subject to California state sales tax.

"Obstruction" means any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,

structure or matter in, along, across, or projecting into any channel, watercourse, or regulatory flood-hazard area such as a combining FW or FF district, which may impede, retard, or otherwise adversely affect the flow of water or characteristics thereof, whether in itself or by catching or collecting debris carried by such water, or that is placed where the flow or water might carry the same downstream to the possible damage of life or property.

"Officially adopted flood plain maps" means the boundaries of the flood fringe and floodway and flood elevations, delineated on the county zoning map, based on maps prepared by the county flood control and water conservation district and based on flood insurance rate maps of the Federal Insurance Administration, U.S. Department of Housing and Urban Development.

"Olive oil mill" means a commercial, bonded facility for the processing of olives into olive oil.

"One-family dwelling" means a building containing one and only one dwelling unit.

"One hundred (100) year flood" means the highest level of flooding that, on the average, is likely to occur once every one hundred (100) years in a given area (i.e., that has a one per cent chance of occurring in any given year), as shown on officially adopted flood plain maps (as amended) of Alameda County.

"Original decision-maker" is the individual, board or commission that makes a decision as provided for in this title that is appealed to the board of supervisors pursuant to Section 17.54.670.

"Outdoor recreation facility" means a park, or a playing field for active games, a golf course, a swimming pool, a camp or picnic grounds, a vacation resort or guest lodge, or a neighborhood recreation area, together with such buildings or uses as are accessory to the recreational use. The term does not include drive-in theater, a drive-in business, carnival, circus or trampoline courts.

"Ownership" means possession of property in fee by a person or persons, firm, corporation or partnership, individually, jointly or in any other manner whereby the property is under single or unified control. The person, firm, corporation or partnership exercising such ownership of a parcel of land shall be referred to herein as the owner thereof.

"Parking lot" means any premises the principal use of which is to provide a hard-surfaced open space for the parking of passenger automobiles. (For parking spaces, See Sections 17.52.750—17.52.810)

"Place of public assembly" means any place designated for or used in whole or in part for the congregation or gathering of fifty (50) or more persons in one building whether such gathering be of a public, restricted or private nature. Assembly hall, church, school auditorium, recreation hall, or pavilion, place of amusement, dance hall, opera hall, motion picture house, established for the consumption of food or drink, or other similar establishments are included in this term.

"Planning director" means the planning director of this county or his designated representative.

"Primary building frontage" means the width of the projection of a business building, or establishment within a building, onto a single straight line chosen by the establishment to be the primary building frontage and normally parallel to a lot line or street. A primary building frontage line must lie in a roadway or public open space area such as a private street, an open plaza or square or an auto parking area. A business may

have only one primary building frontage. Any sign area accrued and authorized by one building frontage may not be attached to any other frontage.

"Primary dwelling unit" means a residential living unit such as a single-family dwelling, multifamily dwelling, or mixed-use dwelling. A primary dwelling unit is distinct from an accessory dwelling unit or a junior accessory dwelling unit. Examples of primary units include a single-family dwelling (i.e., one primary dwelling unit), multifamily dwelling such as a duplex (i.e., two primary dwelling units) or four-plex (i.e., four primary dwelling units), or a mixed-use dwelling (containing one or more primary dwelling units).

"Principal use" means a use permitted, excluded, conditioned, or allowed to continue as a nonconforming use by this title, as distinguished from an auxiliary or subordinate use permitted only when accessory to another use lawfully occupying the same lot or building site. Every dwelling in an R district is a principal use.

"Private garage" means a building or portion of a building used for the parking of one or more automobiles where the use is accessory to the principal use of the building or the premises structure or an enclosed space that is accessory to a residential use, and that is intended for and principally used to park and/or keep motor vehicle(s), and that accommodates legal and/or legal, non-conforming parking space(s), and which is attached or detached from the primary residential structure(s); other, incidental use(s) for a garage as defined herein are for the keeping and/or storage of tools, equipment, personal belongings, and/or such appliances as washer/dryer, water heaters, and heaters, which are directly under the care of and for personal use of a resident on the property; provided that such incidental uses do not restrict or eliminate the principal use of the garage.

"Production facility, wine, beer, or olive oil" means a commercial area for wine, beer or olive oil making, bottling, and storage. Production facilities may include crushing, pressing, blending or similar treatments of grapes, olives, hops or similar agricultural products required for making wine, beer or olive oil; cooperage; fermentation tanks; onsite aboveground disposal of wastewater; aging, processing and storage of wine, beer or olive oil in bulk; bottling and storage of bottled wine, beer or olive oil; office, marketing and laboratory uses.

"Race track" means a facility for the competitive or recreational use of motor vehicles which are principally designed or commonly used for off-highway or recreational purposes.

"Recreational vehicle" means a camp car, motorhome, travel trailer or tent trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty (220) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units, or fixtures, bath and toilet rooms, and is identified as a recreational vehicle by the manufacturer.

"Recreational vehicle park" is any building site where one or more sites are rented or leased or held out for rent or lease for one or more days to owners or users of recreational vehicles.

"Recreational vehicle site" is that portion of a recreational vehicle park designed or used for the occupancy of one recreational vehicle.

"Recycling center" means a facility that collects, sorts, and temporarily stores glass, metals and other reusable materials. The term does not include any processing activity.

"Remote testing facility" means an outdoor facility for testing electronic equipment where an environment that is relatively free from radio frequency interference is a prerequisite for successful testing. The term includes research and testing facilities of a low-intensity nature, where there is a minimum of permanent construction and minimum impact on existing and potential agricultural uses. Accessory buildings may be included.

"Sales floor area" means interior building space devoted to the sale of merchandise, but excluding restrooms, office space, storage space, automobile service areas, or open-air garden sales spaces. For the purpose of determining whether total sales floor area of a single business establishment exceeds one hundred thousand (100,000) square feet, the aggregate square footage of all adjacent stores which share common check stands, management, a controlling ownership interest, warehouses, or distribution facilities shall be considered a single establishment.

"Salvage yard" means the use of more than two hundred (200) square feet outside of a building on any lot for the handling or storage of scrap metal, paper, rags or discarded, salvaged or waste materials of any kind. The term includes automobile wrecking yards, used lumber yards, junk yards and storage of salvaged house wrecking and structural steel materials and equipment, but does not include yards for the storage or sale of operable used cars or machinery or the incidental processing of used or salvaged materials where permitted, as part of a lawful manufacturing or industrial use on the same premises.

"Sanitary land fill" means an engineering method of disposing solid waste on land by spreading the waste in thin layers, compacting it to the smallest practical volume and covering the waste with earth each day in a manner which prevents environmental pollution.

"Secondary building frontage" means the width of the projection of a business building, or establishment within a building, onto a single straight line which is either perpendicular to or parallel to the primary building frontage line. A secondary building frontage line must lie in a roadway or public open space area such as a private street, an open plaza or square or an auto parking area. A business may have a maximum or three secondary building frontages. Any sign area accrued and authorized by one building frontage may not be attached to any other frontage.

"Self-service laundry" means an establishment where the clothing of individual patrons is laundered separately in coin-operated or automatic washing machines and dryers. The term includes establishments containing dry cleaning units with a capacity not in excess of forty (40) pounds and using non-inflammable fluids whose flash point is not less than 138.5 degrees Fahrenheit. The term does not include any establishment which involves the use of a vehicular pick-up or delivery service.

"Shelter" means a building or structure, the use of which is for the protection of persons against blasts, fire, heat and radio-active fallout as described in Appendix 2, Annex 10, National Shelter Plan of the United States Office of Civil and Defense Mobilization; but not as a place of human habitation except during periods of natural disaster, enemy attack and authorized local, state and federal civilian defense alerts, tests or other authorized activities. The term includes both disaster and fallout shelters.

Sign, Advertising. "Advertising sign" means any lettered or pictorial matter or device which advertises or informs about a business organization or event, goods, products, services or uses, not available on the property upon which the sign is located and does not include directional tract sign or community identification sign.

Sign, Apartment Rental. "Apartment rental sign" means a temporary sign located on a site to advertise for initial occupancy of new apartment complexes.

"Sign area" means and is computed as, the entire area within a single continuous rectilinear perimeter of not more than eight straight lines enclosing the extreme limits of the sign; provided that in the case of a sign with more than one exterior surface containing sign copy, the sign area shall be computed as the sum of all exterior faces. Any structure or part of a structure which departs from standard architectural procedures in an attempt to attract attention to the premises by reason of color scheme, building shape or unusual architectural features shall be considered sign area and subject to all pertinent regulations. Where two advertising signs are located on the same supporting members and the two faces of the signs are at no point more than two feet from one another, each face shall be considered a single sign.

in an attempt to attract attention to the premises by reason of color scheme, building shape or unusual architectural features shall be considered sign area and subject to all pertinent regulations. Where two advertising signs are located on the same supporting members and the two faces of the signs are at no point more than two feet from one another, each face shall be considered a single sign.

Sign, Business. "Business sign" means any lettered, figured or pictorial matter or device which serves to identify and indicate pertinent facts concerning a business, professional service, manufacturing or industrial enterprise lawfully conducted on the same premises. The term excludes the advertisement of products not handled or services not available on the premises.

Sign, Community Identification. "Community identification sign" means a sign serving to identify or otherwise describe a city or an unincorporated community. Community identification signs are regulated by Section 17.52.530.

Sign, Directional Tract. "Directional tract sign" means a temporary sign containing only the name and location of a subdivision and directions for reaching the same. For the purposes of Section 17.54.080 directional tract sign as defined herein is a principal use.

Sign, Freestanding. "Freestanding sign" means a sign supported from the ground by a structure installed primarily for the purpose of supporting the sign. A sign attached to or painted on a fence shall be considered a freestanding sign.

Sign, Identification. "Identification sign" means a sign or device on the premises which serves exclusively to designate the name or the name and use of a public or semi-public building, or of a community facility, medical or residential care facility, multiple dwelling or dwelling group, or mobilehome park, or to inform the public as to the use of a lawful parking area, recreation area, or other open use permitted in the district. The term may include bulletin boards for churches or auditoriums.

Sign, Pedestrian. "Pedestrian sign" means any lettered, figured, or pictorial matter or device which is oriented towards pedestrian traffic and serves to identify and indicate pertinent facts concerning a business or professional service lawfully conducted on the same premises.

Sign, Political. "Political sign" means a sign placed on the premises for the sole purpose of advocating the election of a declared candidate for public office, or relating to an election proposition on the ballot.

Sign, Projecting. "Projecting sign" means a sign which projects twelve (12) inches or more beyond the wall or other vertical surface of the building or structure to which it is attached.

Sign, Sale or Lease. "Sale or lease sign" means a sign which serves exclusively to indicate, with pertinent information the offer for sale or lease of the real property or premises upon which it is located, or the original sale or lease of the real property in a tract or subdivision upon which the sign is located. A directional tract sign when not located in the tract or subdivision shall not be deemed to be a sale or lease sign.

e sign" means a sign which serves exclusively to indicate, with pertinent information the offer for sale or lease of the real property or premises upon which it is located, or the original sale or lease of the real property in a tract or subdivision upon which the sign is located. A directional tract sign when not located in the tract or subdivision shall not be deemed to be a sale or lease sign.

Sign, Service Station Price. "Service station price sign" means a sign indicating gasoline prices and available services when accessory to an existing service station.

Sign, Shopping Center Master Identification. "Shopping center master identification sign" means an on-site identification sign for a shopping center.

Sign, Subdivision Sale, Rent or Lease. "Subdivision sale, rent or lease sign" means a temporary sign located within the boundaries of a subdivision to advertise the original sale, rental, or lease of building lots or dwellings.

Sign, Wall. "Wall sign" means a sign attached to, erected against or painted on a building or similar structure, and not extending above or outward from the building face or parapet or structural canopy more than twelve (12) inches. Additionally, signs not extending more than thirty (30) inches from a wall parapet or roof, located below the height of the roof of the building to which they are affixed, may be considered a wall sign if approved by site development review pursuant to Section 17.54.210 of this title.

Sign, Wind. "Wind sign" means flags, banners, pennants or other similar devices which consist of any material made in any shape, which are fastened together or placed in such manner as to move by wind pressure.

"Single-family dwelling" means one primary dwelling unit. Single-family dwellings may be attached or detached.

"SRO (single room occupancy) facility" means a building containing six or more SRO units or guestrooms, designed for occupancy of no more than two persons, and which is intended, designed, or is used as a primary residence by guests.

"SRO (single room occupancy) unit" means a room that is used, intended or designed to be used by no more than two persons as a primary residence, but which lacks either or both a self-contained kitchen or bathroom.

"Storage garage" means a building or portion of a building available to the general public for the storage of personal property as distinguished from any property stored prior to sale or distribution in conjunction with a business enterprise.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, or unused underfloor space is more than six feet above grade as defined

ion of a building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement, cellar, or unused underfloor space is more than six feet above grade as defined

herein, or more than fifty (50) percent of the total perimeter, or is more than twelve (12) feet above grade as defined herein at any point, such basement, cellar, or unused underfloor space shall be considered a story. A loft or mezzanine that is enclosed with an interior partition wall or has a floor area of more than 1/3 the floor area of the story below is considered a story.

"Street" means a public thoroughfare improved and maintained by the state, the county or city, or thoroughfare the design and improvement of which has been approved by the planning director, which affords the principal means of access to abutting property. (See also Lane)

"Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

"Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

"Superstore" means a single business establishment engaged in retail sales to the general public whose total sales floor area exceeds one hundred thousand (100,000) square feet and that devotes more than ten percent of sales floor area to the sale of non-taxable merchandise. This definition excludes wholesale clubs or other business establishments selling primarily bulk merchandise and charging membership dues or otherwise restricting merchandise sales to customers paying a periodic access fee.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the "target population," and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

"Target population" means persons with Low Income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (California Welfare and Institutions Code, section 4500 et seq.) and may include, among other populations, adults, emancipated youth, families, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.

"Tasting room, on-site" means an establishment where wine, beer, or olive oil produced on the premises are served to the public for on-site consumption; also may include offsales of beer, wine or olive oil produced on the premises.

"Tavern" means any premises where alcoholic beverages are offered for sale for consumption on the premises as its principal function, including: restaurants having a separate bar or lounge area; a restaurant with a bar located within the restaurant seating area; a restaurant which offers "happy hour" for alcoholic beverages or where alcohol sales are in any way promoted; or, a restaurant which advertises the sale of alcohol in any way other than on the menu; a winery, pursuant to its definition in this section, is exempted.

"Tent" means an accessory structure, enclosure, or shelter constructed of fabric or pliable material supported in any manner except by air or the contents it protects.

"Transitional housing" and "transitional housing development" mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and

recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months.

"Travel trailer" means a vehicle other than a motor vehicle, which is designed or used for human habitation and which may be moved upon a public highway without a special permit without violating any provision of the Vehicle Code.

"Two-family dwelling" means a building containing two and only two dwelling units.

"Unattended collection box" means any unattended container, receptacle, or similar device that is located on any property within unincorporated Alameda County, used for soliciting and collecting items of clothing or other salvageable personal property. This term does not include recycle bins for the collection of recyclable materials governed or regulated pursuant to the Alameda County General Ordinance Code.

"Use" means the purpose for which land or premises or a building is designed, arranged or intended, or for which it is or may be occupied or maintained let or leased.

"Useable open space" means the area on a building site designed and reserved for outdoor living, recreation, pedestrian access and planting, calculated pursuant to Section 17.52.390.

"Winery" means a commercial, bonded facility for the fermentation and processing of grapes or other produce into wine, or the refermentation of still wine into sparkling wine.

"Winery (or olive oil mill) related uses" means various uses accessory to a winery (olive oil mill) which must be clearly incidental and subordinate to the primary winery (olive oil mill) use. The term includes various temporary, cultural and social events (catered banquets, receptions, concerts, food and wine festivals, races, etc.) that would not compromise the primary agricultural or appearance of the property. The term includes wine (olive oil) marketing activities that are otherwise disallowed by the definition of winery or olive oil mill. The term includes up to two overnight room accommodations for use by winery (olive oil mill) business associates.

"Yard" means any space on the same lot with a building which space is open and unobstructed from the ground upward except as otherwise provided in Section 17.52.330 for required yards.

Yard, Front. The measurement of the required depth of a front yard, or the required width of the street side yard of a corner lot, shall be horizontal and inward from the street lot line at a right angle; provided, however, that where any street's official right-of-way line, or any future width line pursuant to Chapter 17.100, traverses the building site, the measurement here specified shall be taken from such right-of-way line, such future width line, or from the street lot line, whichever line is located a greater distance from the center line of the street. Through lots have two front lot lines, from each of which a front yard shall be measured.

Yard, Rear. The required rear yard is the horizontal measurement inward from the rear lot line at a right angle. Where the side lot lines converge, or nearly converge, a line ten feet long within the lot, parallel to the front lot line and at a maximum distance therefrom shall be deemed to be the rear lot line for the purposes of this section. The rear yard shall extend across the full width of the rear of the building site.

Yard, Required. "Required yard" means that portion of any yard which fulfills the yard requirements of this title; or in the case of an existing deficiency, all of such existing deficient yard.

Yard, Side. The required side yard is the horizontal measurement inward from the side lot line at a right angle. The required width of a street side yard shall be the horizontal measurement inward and at a right angle from the street lot line. The side yard shall extend along the side lot line from the front lot line to the rear lot line.

(Ord. 2008-33 § 1; Ord. 2006-18 § 2 (part); Ord. 2004-97 § 1; Ord. O-2003-47 § 1; Ord. 2002-60 § 1 (part); Ord. 96-15 § 1 (part): Ord. 93-86 § 3; Ord. 93-33 § 1; prior gen. code §§ 8-20.0—8-23.8)

(Ord. No. 2010-7, § 2, 2-9-10; Ord. No. 2010-22, § 1, 6-29-10; Ord. No. 2010-49, § 3, 9-14-10; Ord. No. 2010-71, § 9, 12-21-10; Ord. No. 2012-58, §§ 1—3, 4-10-12; Ord. No. 2013-26, § 2, 7-16-13; Ord. No. 2017-13, § 2(Pt. 1), 4-25-17; Ord. No. 2017-35, § 2, 9-12-17; Ord. No. 2017-37, § 2, 9-12-17; Ord. No. 2018-23, § 2, 5-8-18; Ord. No. 2018-24, § 2, 5-8-18; Ord. No. 2019-10, § 2, 4-23-19; Ord. No. 2019-23, § 2, 6-18-19; Ord. No. 2019-44, § 2, 10-15-19; Ord. No. 2020-66, § 2, 12-15-20; Ord. No. 2023-15, § 2, 4-1323; Ord. No. 2025-40, § 1, 7-10-25; Ord. No. 2026-1, § 1, 1-8-26)

Chapter 17.06 - A DISTRICTS

Sections:

Agricultural districts, hereinafter designated as A districts, are established to promote implementation of general plan land use proposals for agricultural and other nonurban uses, to conserve and protect existing agricultural uses, and to provide space for and encourage such uses in places where more intensive development is not desirable or necessary for the general welfare.

(Prior gen. code § 8-25.0)

Editor's note— Ord. No. 2010-71, § 10, adopted December 21, 2010, repealed § 17.06.020, which pertained to map designation and derived from prior gen. code § 8-25.1.

The following principal uses are permitted in an A district:

A.

On a building site, one one-family dwelling or one-family mobilehome either constructed after September 15, 1971, and issued an insignia of approval by the California Department of Housing and Community Development and permanently located on a permanent foundation system, or constructed after July 15, 1976, and issued an insignia of approval by the U.S. Department of Housing and Urban Development and permanently located on a foundation system;

B.

Crop, vine or tree farm, truck garden, plant nursery, greenhouse, apiary, aviary, hatchery, horticulture;

C.

Raising or keeping of poultry, fowl, rabbits, sheep or goats or similar animals;

D.

Grazing, breeding or training of horses or cattle;

E.

Winery, microbrewery or olive oil mill:

1.

Includes accessory uses such as administrative offices, visitor centers, on-site tasting rooms, production and maintenance facilities, cooperage, and marketing activities, provided such uses are consistent with general plan policies and any other use permit limitations.

2.

The uses may include a visitor center: A day use facility which may include winery, microbrewery, or olive oil mill tours and on-site tasting, retail sales of wine, beer, or olive oil and related items, display of historical or educational items related to the wine region, or art, etc. not to exceed thirty (30) percent of the floor area of the production facility of the winery, microbrewery, or olive oil mill.

3.

Permanent kitchen facilities are not allowed.

4.

The sale of food, complementary food service, or provision of picnic facilities is limited to cold foods prepared off-site, such as but not limited to bread, cheese, crackers, sandwiches or salads, in conjunction with wine, beer, or olive oil tasting and sales, provided such food service remains incidental and subordinate to the tasting and sales.

5.

An administrative conditional use permit (ACUP) may be requested for one temporary mobile outdoor business as an accessory or incidental use to the winery, microbrewery or olive oil mill. The mobile outdoor business must adhere to county environmental health requirements.

6.

The design for the facilities for the accessory uses permitted by this section, including all signage, must balance, maintain and enhance the visual quality of the agricultural land.

7.

In addition to the provisions in subsections 1 through 7 above, microbrewery uses must comply with the following requirements:

a.

Microbreweries are not allowed in the resource management (RM) land use designation as defined in the East County Area Plan.

b.

Microbrewery visitor center hours are limited to a maximum of twenty-four (24) hours per week from Sunday through Saturday and shall close by 10:00 p.m.

Additional and extended hours may be obtained through a conditional use permit (CUP).

c.

A minimum of fifteen (15) percent of the non-water ingredients used in the beer making process must be grown in Alameda County.

F.

Fish hatcheries and rearing ponds;

G.

Public or private riding or hiking trails;

H.

One secondary dwelling unit per building site on parcels twenty-five (25) acres in size or larger that are zoned for not more than one dwelling and have one but no more than one dwelling unit on the parcel subject to the following requirements:

1.

The secondary dwelling unit shall be on the same building envelope as the primary unit;

2.

On parcels less than one hundred (100) acres, the secondary dwelling unit shall be no larger than two thousand (2,000) square feet in area; on parcels one hundred (100) acres or larger the secondary dwelling unit shall be no larger than two thousand five hundred (2,500) square feet in area;

3.

The secondary dwelling unit shall be subject to site development review pursuant to Section 17.54.210 et seq.; and

4.

The secondary dwelling unit shall be subject to and consistent with the provisions of the county policy on secondary dwelling units in agricultural and rural residential areas. Notwithstanding the requirements of Section 17.54.220(A), for secondary units on parcels that are less than one hundred (100) acres in size, the planning commission shall decide applications for site development review under this section, and a public hearing is required;

I.

Occupancy of agricultural caretaker dwelling(s) subject to a site development review as provided in Section 17.06.090, when found by the planning director to be necessary to provide housing for the agricultural caretaker and his/her family;

J.

Boarding stables and riding academies subject to the following requirements:

1.

The boarding stable shall be subject to site development review pursuant to Sections 17.6.90 and 17.54.210 et seq., except as follows:

a.

The appropriate board of zoning adjustments shall decide applications for site development review under this section, and a public hearing is required;

b.

Where the holder of an existing conditional use permit is found to be in compliance with all conditions of the existing conditional use permit, the planning director shall recommend approval of a site development review for the facility Alameda County Ordinance Code, Title 17, Zoning Ordinance with no new conditions except as allowed by the county policy for equine facilities in the A (agricultural) district, to the appropriate board of zoning adjustments;

c.

The planning director may modify the requirements of Section 17.54.230 consistent with the provisions of the county policy of equine facilities in the A (agricultural) district; and specifically may waive the requirement that the site plan be prepared by licensed civil engineer, land surveyor, architect, landscape architect, or a registered building designer;

2.

The boarding stable shall be subject to and consistent with the provisions of the county policy for equine facilities in the A (agricultural) district;

Site development reviews under this section shall not have an expiration date. However, they shall be subject to a periodic review for compliance with conditions of approval of the site development review and with relevant county ordinances, including all water quality rules and regulations. Such reviews shall occur every five years at minimum, or as needed to ensure compliance;

4.

Any changes in the scope of the boarding stable operation shall require a modification to the site development review;

5.

Site development review approval under this section shall not be construed to confer upon a boarding stable any exemption from any health, nuisance, or public safety ordinances or their subsequent enforcement or confer any other unique privileges upon a stable;

K.

Agricultural employee housing consisting of not more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or household subject to a site development review as described provided in Sections 17.06.090 (Agricultural districts—Site development review—When required), 17.60.100 (Agricultural districts—Agricultural employee housing), and 17.54.210 (Site development review).

L.

Accessory dwelling unit or accessory dwelling units per Chapter 17.55, subject to all of the following additional superseding requirements:

1.

A maximum of two accessory dwelling units may be allowed that are subject to this chapter.

2.

If more than one accessory dwelling unit is proposed on a building site, each ADU meets the following configurations:

a.

One accessory dwelling unit may be attached to the primary dwelling unit that is located within the space of a proposed single-family dwelling, or within the space of an existing single-family dwelling or accessory structure. If proposed as a conversion, this ADU shall include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress. This accessory dwelling unit shall have exterior access from the proposed or existing single-family dwelling. The side and rear setbacks must be sufficient for fire and safety; and

b.

One accessory dwelling unit must be detached new construction, with at least four-foot side yard and rear yard setbacks.

3.

If only one accessory dwelling unit is proposed, then the accessory dwelling unit that is not subject to floor area regulations of Chapter 17.55 shall be subject to maximum floor area of one thousand two hundred (1,200) square feet of interior livable space, unless converted from a previous use.

4.

All new accessory dwelling units greater than one thousand (1,000) square feet in floor area shall be located on the same building envelope as the primary dwelling unit.

(Ord. 2004-55 § 1; Ord. 2003-47 § 1; Ord. 99-2 § 1; Ord. 93-33 § 2 (part); prior gen. code § 8-25.2)

(Ord. No. 2010-71, § 11, 12-21-10; Ord. No. 2012-58, § 4, 4-10-12; Ord. No. 2019-10, § 2, 4-23-19; Ord. No. 2026-1, § 2, 1-8-26)

17.06.035 - Conditional uses—Planning commission.

The following are conditional uses and shall be permitted in an A district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.06.010.

A.

Sanitary landfill not to include processing salvaged material;

B.

Flight strip;

C.

Cemetery;

D.

Composting facility.

(Ord. 2000-53 § 1 (part); Ord. 99-26 § 1 (part))

17.06.040 - Conditional uses—Board of zoning adjustments.

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses and shall be permitted in an A district only if approved by the board of zoning adjustments, as provided in Sections 17.54.130 and 17.06.010:

A.

Outdoor recreation facility;

B.

Animal hospital, kennel;

C.

Killing and dressing of livestock, except when accessory as specified in Section 17.06.050;

D.

Public or private hunting of wildlife or fishing, and public or private hunting clubs and accessory structures;

E.

Packing house for fruit or vegetables, but not including a cannery, or a plant for food processing or freezing;

F.

Flight strip when accessory or incidental to a permitted or conditional use;

G.

Hog ranch;

H.

Drilling for and removal of oil, gas or other hydrocarbon substances;

I.

Radio and television transmission facilities;

J.

Public utility building or uses, excluding such uses as a business office, storage garage, repair shop or corporation yard;

K.

Administrative offices accessory to the principal use on the premises including activities by the same occupancy which are not related to the principal use providing such activities not so related are accessory to the administrative office activity;

L.

Administrative support and service facilities of a public regional recreation district;

M.

Privately owned wind-electric generators;

N.

Remote testing facility;

O.

Winery, microbrewery, or olive oil mill related uses, except in the resource management (RM) land use designation as defined in the east county area plan.

P.

Agricultural employee housing for thirty-seven (37) or more beds in group quarters or thirteen (13) units or spaces designed for use by a single-family or household;

Q.

Cannabis retailer, subject to and in compliance with Chapter 6.108 of this code;

R.

Cannabis cultivation and associated cannabis distribution, subject to and in compliance with Chapter 6.106 of this code and Section 17.52.585 of this title;

S.

Combined cannabis operation, subject to and in compliance with Chapter 6.109 of this code and Section 17.52.585 of this title;

T.

Cannabis testing laboratory, subject to and in compliance with Section 17.52.586 of this title; and

U.

Soil importing in accordance with Chapter 17.66.

(Ord. 2004-55 § 2; Ord. 2002-60 § 1 (part); Ord. 2000-53 § 1 (part); Ord. 99-26 § 1 (part); Ord. 94-40 § 1; Ord. 3-33 § 2 (part); prior gen. code § 8-25.3)

(Ord. No. 2010-71, § 12, 12-21-10; Ord. No. 2012-58, § 5, 4-10-12; Ord. No. 2017-35, § 2, 9-12-17; Ord. No. 2018-23, § 2, 5-8-18; Ord. No. 2018-24, § 2, 5-8-18; Ord. No. 2019-10, § 2, 4-23-19; Ord. No. 2019-23, § 2, 6-18-19; Ord. No. 2019-43, § 2, 10-15-19)

When located in an A district, and subordinate to a lawful use, the following accessory uses, in addition to those normally accessory to a dwelling are permitted:

A.

Farm buildings, including stable, barn, pen, corral, or coop;

B.

Building or room for packing or handling products raised on the premises;

C.

Killing and dressing of poultry, rabbits and other small livestock raised on the premises, but not including an abattoir for sheep, cattle or hogs;

D.

Stand for the sale at retail of items produced or raised on the premises having a ground coverage not in excess of four hundred (400) square feet;

E.

Accessory business signs not exceeding an aggregate area of twenty (20) square feet; having no moving parts or illumination;

F.

Administrative office, maintenance building, when accessory to a principal use permitted by Section 17.06.040(O).

(Prior gen. code § 8-25.4)

Every use in an A district shall be on a building site having an area not less than one hundred (100) acres.

(Prior gen. code § 8-25.5)

17.06.070 - Yards.

The yard requirements in an A district are as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: not less than thirty (30) feet;

B.

Depth of rear yards: not less than ten feet;

C.

Width of side yards: not less than ten feet.

(Prior gen. code § 8-25.6)

No sign in an A district shall be illuminated. No more than two sale or lease signs shall be placed on any lot, and no such sign shall have an area in excess of twenty-four (24) square feet, except in conformance with Sections 17.52.460 and 17.52.470 (Subdivision). In other respects, Section 17.52.020 shall control.

(Prior gen. code § 8-25.7)

17.06.090 - Site development review—When required.

Site development review pursuant to Section 17.54.210 shall be required for:

A.

Every new dwelling or addition to existing dwelling exceeding five hundred (500) square feet or thirty (30) feet in height hereafter placed on a parcel in the A district;

B.

Agricultural caretakers dwelling(s), when found by the planning director to be necessary to provide housing for the agricultural caretaker and his/her/their family(ies); subject to the following provisions:

1.

Initial site development review shall include submittal of required applications and materials and completion of an agricultural caretaker dwelling report, signed by the property owner.

2.

The agricultural caretaker dwelling report submitted under subsection (B)(1) above shall include a description of the agricultural use on the site, a description of the commercial/economic viability of the agricultural use, a discussion of the personnel necessary to implement or oversee the agricultural use, and a description of the proposed agricultural dwelling and/or housing. If the agricultural use is intended primarily for private interest rather than commercial viability, or if the dwelling unit is intended for a use not otherwise related directly to commercially viable agriculture on the site, such as onsite security, the report shall provide this information.

3.

Site development review approval shall normally be issued for a period of five years, except in instances where it is found by the planning director that a demonstrable need for more stringent controls (e.g., history of non-compliance with county codes, public health/safety issues, community concerns) is necessary.

4.

The planning director may extend initial site development review for additional five-year periods of time at the end of each preceding five-year period, subject to review and approval, of an updated agricultural caretaker dwelling report, signed by the property owner.

During the effective period of the site development review, any changes relating to the information contained in the agricultural caretaker dwelling report (including changes to the dwelling unit itself, changes in maximum occupancy requirements, and/or changes in the size/nature/scope of the agricultural use being served by the presence of the caretaker onsite) shall be reported to the planning department, and shall be subject to the same procedures and regulations as those applicable to the initial application.

6.

The planning director shall have the discretion to disapprove the initial and/or subsequent site development review and agricultural caretaker dwelling report if found that compliance with the requirements and intent set forth in this title is exercised unlawfully or contrary to any condition or limitation of its issuance.

7.

The planning director may, at his/her discretion, hold a public hearing regarding an initial or subsequent site development review application.

8.

The approval of a site development review for an agricultural caretaker dwelling of any kind on any parcel, regardless of the existing legal building site status of the parcel, shall not be construed to establish upon that same, or any adjacent or commonly-owned parcel, building site status.

9.

The agricultural caretaker dwelling is intended to remain only as long as necessary to support either onsite security or the primary agriculture use on the site, and when the need for this support terminates the dwelling must be completely removed or converted to another legal use.

10.

Violations of this section shall be subject to enforcement, penalties and abatement under Chapters 17.58 and 17.59 of this title.

C.

Boarding stables and riding academies subject to the provisions of Section 17.06.030(J) of this chapter; and

D.

Agricultural employee housing subject to the provisions of Section 17.06.095 of this chapter.

(Ord. 2004-55 § 3; Ord. O-2003-47 § 1)

(Ord. No. 2012-58, § 6, 4-10-12)

17.06.095 - Agricultural districts—Agricultural employee housing.

Agricultural employee housing is subject to site development review pursuant to Sections 17.06.060 (Agricultural Districts—Site Development Review—When Required) and 17.54.210 (Site Development Review) et seq. and to the following provisions:

A.

The site development review shall include submittal of required applications and materials including an agricultural employee housing report, signed by the property owner.

B.

The agricultural employee housing report submitted under subsection A above shall include the following information:

1.

Entity responsible for housing maintenance and up-keep;

2.

Description of whether the housing will be used on a permanent, temporary, and/or seasonal basis;

3.

Total number of people to be housed on-site at any one time;

4.

Description of the housing, including whether the structures will be permanent and/or temporary, intended as units for families, one person, or several persons, and cost of the units and utilities to the agricultural employees;

5.

Location(s) where the agricultural employees will work;

6.

There must be adequate water and sewer available to service the development, as determined by the department of environmental health;

7.

The housing must be located off prime and productive agricultural land, or on the parcel where no other alternatives exist on site, on the least viable portion of the parcel;

8.

The development shall incorporate proper erosion and drainage controls; and

Parking shall be provided in accordance with Section 17.52.910 (Parking spaces required—Residential buildings).

C.

Site development review approval shall normally be issued for a period of five years, except in instances where it is found by the planning director that a demonstrable need for more stringent controls (e.g., history of non-compliance with county codes, public health/safety issues, community concerns) is necessary.

D.

The planning director may extend the initial site development review for additional five-year periods of time at the end of each preceding five-year period, subject to review and approval, of an updated agricultural employee housing report, signed by the property owner.

E.

During the effective period of the site development review, any changes relating to the information contained in the agricultural employee housing report (including changes to the dwelling unit itself, and changes in maximum occupancy requirements) shall be reported to the planning department, and shall be subject to the same procedures and regulations as those applicable to the initial application.

F.

The planning director shall have the discretion to disapprove the initial and/or subsequent site development review and agricultural employee housing report if found that compliance with the requirements and intent set forth in this title is exercised unlawfully or contrary to any condition or limitation of its issuance.

G.

The planning director may, at his/her discretion, hold a public hearing regarding an initial or subsequent site development review application.

H.

The approval of a site development review for an agricultural employee housing of any kind on any parcel, regardless of the existing legal building site status of the parcel, shall not be construed to establish upon that same, or any adjacent or commonly-owned parcel, building site status.

I.

Violations of this section shall be subject to enforcement, penalties and abatement under Chapters 17.58 and 17.59 of this title.

(Ord. No. 2012-58, § 7, 4-10-12)

Editor's note— Ord. No. 2012-58, § 7, adopted April 10, 2012, set out provisions intended for use as § 17.06.100. For purposes of classification, and at the editor's discretion, these provisions have been included as § 17.06.095.

17.06.100 - High-intensity oil and gas operations—Definition.

A.

For the purposes of this chapter, high-intensity oil and gas operations means any of the following uses:

1.

Well stimulation treatment — any treatment of a well designed to enhance oil or gas production or recovery by increasing the permeability of the formation. Well stimulation treatments include, but are not limited to, hydraulic fracturing treatments and acid well stimulation treatments, as defined in Title 14 California Code of Regulations Section 1761.

2.

Enhanced recovery wells — wells that are injected with brine, water, steam, polymers, carbon dioxide, or other gasses into oil-bearing formations to recover residual oil and in some limited applications natural gas. The injected fluid thins (decreases the viscosity) or displaces small amounts of extractable oil and gas, which is then available for recovery. Examples include waterflood injection that uses imported water, shallow well water or surface water and/or injects chemicals designed for well production increase (other than those found naturally in produced water or which are necessary for routine well maintenance or clarifier use), steamflood injection, and cyclic steam injection.

3.

Hydraulic fracturing or "fracking" — a well stimulation treatment that, in whole or in part, includes the pressurized injection of hydraulic fracturing fluid into an underground geologic formation in order to fracture the formation, thereby causing or enhancing the production of oil or gas from a well.

4.

Acid fracturing — a well stimulation treatment that, in whole or in part, includes pressurized injection of acid into an underground geologic formation in order to fracture the formation, thereby causing or enhancing the production of oil or gas from a well.

5.

Acid matrix stimulation treatment — an acid treatment conducted at pressures lower than the applied pressure necessary to fracture the underground geologic formation.

6.

Acid well stimulation treatment — a well stimulation treatment that uses, in whole or in part, the application of one or more acids to the well or underground geologic formation. The acid well stimulation treatment may be at any applied pressure and may be used in combination with hydraulic fracturing treatments or other well stimulation treatments. Acid well stimulation treatments include acid matrix stimulation treatments and acid fracturing treatments.

7.

Disposal or storage of the substances used in or the waste or byproducts of the uses listed above, including but not limited to hydraulic fracturing fluid, acid well stimulation fluid, well stimulation treatment fluid, flowback fluid, wastewater or produced water, other than storage associated with transportation through the county for disposal or storage outside of the county.

8.

Disposal or storage in pits or sumps of any wastewater or produced water that is a byproduct of the uses listed in Section 17.06.040(I).

B.

High-Intensity oil and gas operations do not include produced water injection, storage tanks for produced water, and routine well cleaning and maintenance activities. Waterflood injection that does not use imported water, shallow well water or surface water and/or does not inject chemicals designed for well production increase (other than those found naturally in produced water or which are necessary for routine well maintenance or clarifier use) is excluded and does not constitute high-intensity oil and gas operations, as long the injection complies with all applicable state law and regulations.

(Ord. No. 2016-38, § 1, 8-2-16)

High-intensity oil and gas operations are prohibited in the unincorporated areas of the county. The development, construction, installation, or use of any facility, appurtenance, or above-ground equipment, whether temporary or permanent, mobile or fixed, accessory or principal, in support of high-intensity oil and gas operations is prohibited in the unincorporated areas of the county.

(Ord. No. 2016-38, § 1, 8-2-16)

A.

Within one year of the effective date of this section, the owners and operators of any existing high-intensity oil and gas operations shall bring land uses into conformity with this chapter.

B.

The one-year amortization period permitted by subsection A may be extended on a case-by-case basis if the planning commission determines that a high-intensity oil and gas operations owner or operator has shown that one year is not a reasonable amortization period pursuant to state law and Section 17.06.140. Any extension may be only for the minimum length of time necessary to provide a reasonable amortization period.

(Ord. No. 2016-38, § 1, 8-2-16)

17.06.130 - High-intensity oil and gas operations—Consistent with state and federal law.

The provisions of Sections 17.06.100 through 17.06.120 shall not be applicable to the extent, but only to the extent, they would violate the constitution or laws of the United States or of the State of California.

In the event a property owner contends that application of these provisions effects an unconstitutional taking of property, the property owner may request, and the planning commission may grant, an exception to application of these provisions in accordance with Section 17.06.140.

(Ord. No. 2016-38, § 1, 8-2-16)

17.06.140 - High-intensity oil and gas operations—Nonconforming uses.

A.

A person claiming a vested right to uses prohibited by Sections 17.06.100 through 17.06.120 must apply to the county for a determination that the vested right exists. Notice of the hearing shall be made in accordance with the procedures provided by Section 17.54.830. The determination shall be made by the planning commission, following a public hearing. Upon a determination that the vested right exits, the use may continue subject to the sections of this title concerning nonconforming uses (Sections 17.52.610

through 17.52.730). The determination shall be appealable to the Board of Supervisors pursuant to Sections 17.54.670—17.54.710.

B.

The applicant for any exemption shall submit as part of the application any and all evidentiary support reasonably available sufficient to establish the basis for the claim of exemption.

C.

A determination of exemption application shall be approved or conditionally approved only if the review authority first makes the following findings:

1.

The applicant obtained prior to the effective date of this section, a vested right to conduct high-intensity oil and gas operations;

2.

Approving or conditionally approving the application is required because the applicant has shown that a one year amortization period is not a reasonable amortization period pursuant to state law; and

3.

The extension is no longer than the minimum length of time necessary to provide a reasonable amortization period.

D.

No enforcement action shall be taken against any owner or operator of an existing facility if an application for a determination of exemption has been filed in compliance with this section and the application has not

expired, or final action to deny the application has not occurred.

(Ord. No. 2016-38, § 1, 8-2-16)

Chapter 17.08 - R-1 DISTRICTS

Sections:

Single-family residence districts, hereinafter designated as R-1 districts, are established to provide for and protect established neighborhoods of one-family dwellings, and to provide space in suitable locations for additional development of this kind, together with appropriate community facilities and allowance for restricted interim cultivation of the soil compatible with such low-density residential development.

(Prior gen. code § 8-26.0)

17.08.015 - Single-family residence districts—Reference to Residential Design Standards and Guidelines.

Residential development within the R-1 districts located within the planning areas of San Lorenzo, Ashland, Cherryland, Fairview, or Castro Valley (areas within the Castro Valley Urbanized Area) shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County, the respective regulations in this zoning ordinance shall apply.

(Ord. No. 2014-39, § 1, 10-7-14, ef. 1-1-15)

Every parcel designated on the zoning map as being in the R-E district, as well as every parcel designated as being in a R-1 district, shall be subject to these regulations for a single-family residence district, and shall be designated R-1 upon any revised zoning map.

(Prior gen. code § 8-26.1)

The following principal uses are permitted in an R-1 district:

A.

One one-family dwelling;

B.

Field crop, orchard, garden.

C.

In Castro Valley (areas within the Castro Valley Urbanized Area), Small family day cares and large family day cares.

(Prior gen. code § 8-26.2)

(Ord. No. 2012-58, § 8, 4-10-12; Ord. No. 2020-66, § 3, 12-15-20)

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in an R-1 district, and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Community facility;

B.

Community clubhouse;

C.

Parking lot, only when established to fulfill the residential parking requirements of this title for a use on an abutting lot or lots;

D.

Plant nursery or greenhouse used only for the cultivation and wholesale of plant materials;

E.

Medical or residential care facility for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

F.

Licensed transitional or supportive housing for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

G.

Mobilehome parks subject to the provisions provided in sections 17.52.1000 to 17.52.1065;

H.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010; and

I.

Soil importing in accordance with Chapter 17.66.

(Ord. 2002-60 § 1 (part); prior gen. code § 8-26.3)

(Ord. No. 2012-58, § 9, 4-10-12; Ord. No. 2013-26, § 3, 7-16-13; Ord. No. 2019-43, § 2, 10-15-19)

17.08.050 - Accessory buildings and accessory uses.

(See Sections 17.52.180—17.52.320, 17.52.470 and 17.52.730.)

(Prior gen. code § 8-26.4)

Except as otherwise specified in the case of a combining district, every use in an R-1 district shall be on a building site having a median lot width not less than fifty (50) feet and an area not less than five thousand (5,000) square feet. A corner building site shall have a median lot width of not less than sixty (60) feet.

(Prior gen. code § 8-26.5)

17.08.070 - Yards.

Except as otherwise specified in the case of a combining district, the minimum requirements for yards in R- 1 districts shall be as follows, subject to the provisions of Section 17.52.330:

A.

Depth of front yard: Twenty (20) feet;

B.

Depth of rear yard: Twenty (20) feet;

C.

Width of side yards: not less than five feet plus one foot for each full ten feet by which the median lot width exceeds fifty (50) feet up to a maximum requirement of ten feet, except that in every case the side yard on the street side of a corner lot shall have a width not less than ten feet.

(Prior gen. code § 8-26.6)

17.08.080 - Yards—Alternate provision of rear yard.

Section 17.08.070 notwithstanding, a rear yard may have a depth of not less than ten feet if that portion of the rear yard less than twenty (20) feet in depth is compensated by open area within the same or adjacent yards on the same building site that exceed side and rear yard requirements by an area at least equal to extent of building coverage of the twenty (20) foot, rear yard. Said compensating area shall be considered a required yard in accordance with Section 17.52.330.

(Prior gen. code § 8-26.6.1)

No dwelling shall be so oriented upon a lot in an R-1 district as to have its front or living room entrance opening into a side yard less than ten feet wide, extending from said entrance to the front yard.

(Prior gen. code § 8-26.7)

No dwelling shall have a height of more than two stories, except as provided by Section 17.52.090 nor shall any building or structure have a height in excess of twenty-five (25) feet, except as provided for in this section and by Section 17.52.090. Provided the parcel has a median lot depth of at least one hundred (100) feet, a median lot width of at least seventy (70) feet, and effective lot frontage of at least fifty (50) feet, the height of a dwelling may be increased by two feet for each full ten feet than the median lot width exceeds seventy (70) feet up to a maximum height of thirty (30) feet.

(Ord. 97-70 § 1: prior gen. code § 8-26.8)

A.

In Castro Valley only (areas within the Castro Valley Urbanized Area) the maximum floor area ratio for a onefamily dwelling shall be as follows:

[2. ] Floor area ratio (FAR) is the total square feet of floor area divided by the total square feet of lot area. Floor area excludes areas devoted to parking, garages and covered porches/patios, and areas located below finished grade, if the ceiling does not extend more than five feet above finished grade.

B.

Site Development Review Required. New construction or additions which would exceed the maximum floor area ratio or maximum square footage as provided above, may be considered and are subject to site development review.

(Ord. No. 2020-66, § 4, 12-15-20)

Chapter 17.10 - R-2 DISTRICTS

Sections:

17.10.010 - Two-family residence districts—Intent.

Two-family residence districts, hereinafter designated as R-2 districts, are established to provide for the protection of established neighborhoods in which duplex dwellings are located, and generally to provide a transitional area between single- and multiple-residence districts or between single-residence districts and areas of light commercial use, for additional development of this kind.

(Prior gen. code § 8-27.0)

17.10.015 - Two-family residence districts—Reference to Residential Design Standards and Guidelines.

Residential development within the R-2 districts located within the planning areas of San Lorenzo, Ashland, Cherryland, Fairview, or Castro Valley (areas within the Castro Valley Urbanized Area) shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County, the respective regulations in this zoning ordinance shall apply.

(Ord. No. 2014-39, § 2, 10-7-14, ef. 1-1-15)

17.10.020 - Permitted uses.

The following principal uses are permitted in an R-2 district:

A.

One or two one-family dwellings, or one two-family dwelling;

B.

Field crop, orchard, or garden;

C.

Medical or residential care facility for up to six persons per unit; and

D.

Licensed transitional or supportive housing for up to six persons per unit.

(Prior gen. code § 8-27.1)

(Ord. No. 2012-58, § 10, 4-10-12)

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in R-2 districts, and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Community facility;

B.

Community clubhouse;

C.

Parking lot, only when established to fulfill the residential parking requirements of this title for a use on an abutting lot or lots;

D.

Plant nursery or greenhouse used only for the cultivation and wholesale of plant materials;

E.

Medical or residential care facility for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

F.

One dwelling or a dwelling group containing altogether not more than three dwelling units, where the lot has an area not less than seven thousand five hundred (7,500) square feet;

G.

Licensed transitional or supportive housing for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

H.

Mobilehome parks subject to the provisions provided in Sections 17.52.1000 to 17.52.1065; and

I.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010.

(Ord. 2002-60 § 1 (part); Prior gen. code § 8-27.2)

(Ord. No. 2010-71, § 13, 12-21-10; Ord. No. 2012-58, § 11, 4-10-12; Ord. No. 2013-26, § 4, 7-16-13)

Except as otherwise specified in the case of a combining district, every use in an R-2 district shall be on a building site having a median lot width not less than fifty (50) feet and an area not less than five thousand (5,000) square feet. A corner building site shall have a median lot width of not less than sixty (60) feet.

(Prior gen. code § 8-27.3)

Except as otherwise specified in the case of a combining district, the yard requirements for R-2 districts shall be the same as those set forth for R-1 districts in Section 17.08.070.

(Prior gen. code § 8-27.4)

No dwelling shall be so oriented upon a lot in a R-2 district as to have its front or living room entrance opening into a side yard less than ten feet wide, extending from said entrance to the front yard.

(Prior gen. code § 8-27.5)

No dwelling shall have a height of more than two stories, except as provided by Section 17.52.090; nor shall any building or structure have a height in excess of twenty-five (25) feet, except as provided by Section 17.52.090.

(Prior gen. code § 8-27.6)

Whenever more than one dwelling occupies the same lot in an R-2 district, all separate dwellings shall have between them an open space of at least twenty (20) feet in width, exclusive of any parking space.

(Prior gen. code § 8-27.8)

Chapter 17.12 - R-S DISTRICTS

Sections:

Suburban residence districts, hereinafter designated as R-S districts, are established to regulate and control the development in appropriate areas of relatively large building sites at various densities in harmony with the character of existing or proposed development in the neighborhood, and to assure the

provision of light, air and privacy, and the maintenance of usable open space in amounts appropriate to the specific types and numbers of dwellings permitted. Adherence to a specified site development review plan is required for the disposition of buildings, the relationship between living areas and those needed for vehicular access, circulation and parking in order to assure the optimum utilization of the building site.

(Prior gen. code § 8-28.0)

17.12.015 - Suburban residence districts—Reference to Residential Design Standards and Guidelines.

Residential development within the R-S districts located within the planning areas of San Lorenzo, Ashland, Cherryland, Fairview, or Castro Valley (areas within the Castro Valley Urbanized Area) shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County, the respective regulations in this zoning ordinance shall apply.

(Ord. No. 2014-39, § 3, 10-7-14, ef. 1-1-15)

17.12.020 - Site development review—When required.

Whenever the area of a building site in an R-S district equals or exceeds five times the area required for one dwelling unit, every dwelling or accessory structure hereafter placed upon such building site or any mobilehome to be permanently located on a foundation system shall be subject to site development review, pursuant to Section 17.54.210.

(Prior gen. code § 8-28.1)

(Ord. No. 2010-71, § 14, 12-21-10)

17.12.030 - Permitted uses.

The following principal uses are permitted in any R-S district:

A.

One-family dwelling, two-family dwelling, multiple dwelling or dwelling group;

B.

Field crop, orchard, garden;

C.

Medical or residential care facility for up to six persons per unit; and

D.

Licensed transitional or supportive housing for up to six persons per unit.

(Prior gen. code § 8-28.2)

(Ord. No. 2010-71, § 15, 12-21-10; Ord. No. 2012-58, § 12, 4-10-12)

17.12.035 - Conditional uses—Planning commission.

The following are conditional uses and shall be permitted in an R-S district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.12.010:

A.

Hospitals in districts requiring not more than fifteen hundred (1,500) square feet of building area per dwelling unit.

(Ord. 2000-53 § 1 (part))

(Ord. No. 2010-71, § 16, 12-21-10)

17.12.040 - Conditional uses—Board of zoning adjustments.

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in R-S districts, and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Community facility;

B.

Community clubhouse;

C.

Parking lot, as regulated in Section 17.08.040C;

D.

Plant nursery or greenhouse used only for the cultivation of plant materials;

E.

Medical or residential care facility for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

F.

Mobilehome parks, as regulated by Sections 17.52.1000 to 17.52.1065, of this title;

G.

Licensed transitional and supportive housing for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities); and

H.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010.

(Ord. 2002-60 § 1 (part); Ord. 2000-53 § 1 (part); prior gen. code § 8-28.3)

(Ord. No. 2010-71, § 17, 12-21-10; Ord. No. 2012-58, § 13, 4-10-12; Ord. No. 2013-26, § 5, 7-16-13)

17.12.050 - Number of dwelling units.

Except as otherwise provided in the case of a combining district, the number of dwelling units permitted on a building site in an R-S district shall not exceed the number obtained by dividing the area in square feet of the building site by five thousand (5,000), disregarding any fraction.

(Prior gen. code § 8-28.4)

17.12.060 - Building site.

Except as otherwise specified in the case of a combining district, and except for mobilehome parks as regulated by Chapter 17.52, Sections 1000—1060, of this title, every use in an R-S district shall be on a building site having a median lot width not less than fifty (50) feet, and an area not less than five thousand (5,000) square feet. A corner building site shall have a median lot width of not less than sixty (60) feet.

(Prior gen. code § 8-28.5)

(Ord. No. 2010-71, § 18, 12-21-10)

17.12.070 - Yards.

Except as otherwise provided in Sections 17.12.080 and 17.12.090, the yard requirements in R-S districts shall be as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: Not less than twenty (20) feet;

B.

Depth of rear yard: Not less than twenty (20) feet;

C.

Width of side yard: Not less than ten feet.

(Prior gen. code § 8-28.6)

A distance of not less than twenty (20) feet shall be provided between all main buildings, which space shall be open from its ground to the sky except for the architectural features authorized by Section 17.52.370.

(Prior gen. code § 8-28.7)

When the number of dwelling units permitted on a building site does not exceed two, the side yard requirements shall be the same as those set forth for R-1 districts.

(Prior gen. code § 8-28.8)

No dwelling shall have a height of more than two stories, except as provided by Section 17.52.090; nor shall any building or structure have a height in excess of twenty-five (25) feet, except as provided by Section 17.52.090.

(Prior gen. code § 8-28.9)

No main building shall be less than twenty (20) feet from any other main building.

Where an accessory building or a space designed or used for the parking of a motor vehicle occupies any part of the area between the two dwellings on the same building site, such occupied space shall not be included in the calculation of the required minimum distance between them. No parking space shall in any event be situated less than four feet from the wall of any dwelling, except when within the dwelling or within an attached carport or garage.

(Prior gen. code § 8-28.10)

(Ord. No. 2010-71, § 19, 12-21-10)

17.12.120 - Other regulations.

The following regulations shall also apply in R-S districts:

A.

The width of access driveways shall be not less than that required by Section 17.52.790; provided however, that the planning commission may require a driveway of greater width or provision for a street where found necessary to assure adequate circulation in the vicinity;

B.

The minimum setback from the access driveway shall be as required by Section 17.52.800;

C.

There shall be effective structural or landscape screening of private and utility areas, and a system of walkways, independent of the driveways to give safe pedestrian access from the street to every dwelling unit and to all commonly utilized open spaces;

D.

The area of useable open space provided on the site, calculated pursuant to Section 17.52.390, shall be not less than six hundred (600) square feet for each dwelling unit thereon.

(Prior gen. code § 8-28.11)

(Ord. No. 2010-71, § 20, 12-21-10)

Chapter 17.13 - M-U DISTRICTS

Sections:

The intent of the mixed-use residence/commercial districts, hereinafter designated as M-U, is to regulate and control development of combined residential and commercial uses within a building site so as maintain the economic viability of such uses and to harmonize with surrounding non-commercial uses to the greatest extent possible. The district is established to recognize the existence of established mixed residential and commercial uses which have coexisted on the same property over several decades and which form a cohesive neighborhood of contiguous or nearly contiguous parcels sharing two or more of the following characteristics: a distinct lot pattern that is generally larger and distinct from that of the surrounding neighborhood; on-site buildings that have had a history of mixed residential and commercial retail or small manufacturing uses; location on an arterial street or corner; the existence of buildings that may be historically significant; and either the area of one or more lots comprise at least an acre or the lots have at least two hundred (200) feet of street frontage. Adherence to a specified site development review plan is required for the disposition of buildings, the relationship between residential and commercial uses, and the provision of parking and circulation in order to assure optimum utilization of the building site.

17.13.015 - Mixed-use residential/commercial districts—Reference to Residential Design Standards and Guidelines.

Residential development and mixed-use residential development within the M-U districts located within the planning areas of San Lorenzo, Ashland, Cherryland, Fairview, or Castro Valley (areas within the Castro Valley Urbanized Area) shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County, the respective regulations in this zoning ordinance shall apply.

(Ord. No. 2014-39, § 4, 10-7-14, ef. 1-1-15)

Expansion of an existing building or construction of a new building in the M-U district exceeding one thousand (1,000) square feet shall be subject to site development review pursuant to Section 17.54.220. Where a conditional use permit or variance is also required, the decision making body for said site development review shall be the board of zoning adjustments.

The following principal uses are permitted in any M-U district:

A.

Any residential uses created legally prior to August 6, 2005.

B.

Any uses listed as permitted in the C-N district, Section 17.36.020.

C.

Any uses listed as permitted in the C-O district, Section 17.34.020.

Except as otherwise noted in the case of a combining district, in addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in an M-U district and may be permitted or expanded if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

After August 6, 2005, all residential uses conforming to the standards of the RS-D-35 zoning district.

B.

Any other uses conditional in the RS district, Sections 17.12.035 and 17.12.040.

C.

Any uses conditional in the C-O district, Sections 17.34.025 and 17.34.30.

D.

Any uses conditional in the C-N district, Section 17.36.030.

The number of dwelling units permitted on a building site in an M-U district shall not exceed the number obtained by dividing the area in square feet of the residential portion of the building site by three thousand five hundred (3,500), disregarding any fraction, except that where such calculation results in an allowance of more than seven units, a fraction greater than three-fourths shall be adjusted to the next higher number.

Except as otherwise specified in the case of a combining district, and except for mobile home parks as regulated by Chapter 17.52 of this title, every use in an M-U district shall be on a building site having a median lot width not less than fifty (50) feet, and an area not less than five thousand (5,000) square feet. A corner building site shall have a median lot width of not less than sixty (60) feet.

The yard requirements in M-U districts shall be as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: none except when the abutting lot is in an R district, there shall be a front yard having a depth not less than twenty (20) feet.

B.

Depth of rear yard: none except when the abutting lot is in an R district, there shall be a rear yard having a depth not less than twenty (20) feet, and the building profile shall fit within a 45-degree angle measured at grade from the common property line.

C.

Width of side yard: none, except that where the abutting lot at the side is in any R district, there shall be side yard having a width not less than the minimum required in such R district and the side yard on the street side of a corner lot shall be not less than ten feet.

No structure shall have a height in excess of thirty-five (35) feet except as provided by Section 17.52.090.

17.13.090 - Other regulations.

The following regulations shall also apply in M-U districts:

A.

The width of access driveways shall be not less than that required by Section 17.52.790; provided however, that the board of zoning adjustments or planning director may require a driveway of greater width or provision for a street where found necessary to assure adequate circulation in the vicinity;

B.

The minimum setback from the access driveway shall be four feet along walls having openings or two feet for solid walls;

C.

There shall be effective structural or landscape screening of private open space and utility areas, and a system of walkways, independent of the driveways to give safe pedestrian access from the street to every dwelling unit and to all commonly utilized open spaces; and

D.

The area of useable open space provided on the site shall be not less than two hundred (200) square feet for each dwelling unit thereon.

(Ord. No. 2005-33, 7-7-05)

Chapter 17.14 - R-3 DISTRICTS

Sections:

17.14.010 - Four-family dwelling districts.

Four-family districts, hereinafter designated as R-3 districts, are established to provide for and protect the development of a limited type of multiple dwelling in areas found to be suitable for such use.

(Prior gen. code § 8-29.0)

17.14.015 - Four-family dwelling districts—Reference to Residential Design Standards and Guidelines.

Residential development within the R-3 districts located within the planning areas of San Lorenzo, Ashland, Cherryland, Fairview, or Castro Valley (areas within the Castro Valley Urbanized Area) shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County, the respective regulations in this zoning ordinance shall apply.

(Ord. No. 2014-39, § 5, 10-7-14, ef. 1-1-15)

17.14.020 - Permitted uses.

The following principal uses are permitted in an R-3 district:

A.

One-family dwelling, two-family dwelling, multiple dwelling, or dwelling group, up to a total not to exceed four dwelling units;

B.

Field crop, orchard, garden;

C.

Medical or residential care facility for up to six persons per unit; and

D.

Licensed transitional or supportive housing for up to six persons per unit; and

E.

In Castro Valley (areas within the Castro Valley Urbanized Area), Small family day cares and large family day cares.

(Prior gen. code § 8-29.1)

(Ord. No. 2012-58, § 14, 4-10-12; Ord. No. 2020-66, § 5, 12-15-20)

The following are conditional uses and shall be permitted in an R-3 district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.14.010:

A.

Hospital.

(Ord. 2000-53 § 1 (part))

(Ord. No. 2010-71, § 21, 12-21-10)

17.14.030 - Conditional uses—Board of zoning adjustments.

In addition to the uses listed for Sections 17.52.480 and 17.52.580, the following are conditional uses in R- 3 districts, and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Community facility;

B.

Community clubhouse;

C.

Medical or residential care facility for seven or more persons as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

D.

Plant nursery, or greenhouse used only for the cultivation of plant materials;

E.

Parking lot, as regulated in Section 17.08.040(C);

F.

Licensed transitional and supportive housing for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

G.

Mobilehome parks subject to the provisions provided in Sections 17.52.1000 to 17.52.1065;

H.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010; and

I.

In Castro Valley (areas within the Castro Valley Urbanized Area), Day care centers.

(Ord. 2002-60 § 1 (part); Ord. 2000-53 § 1 (part); prior gen. code § 8-29.2)

(Ord. No. 2012-58, § 15, 4-10-12; Ord. No. 2013-26, § 6, 7-16-13; Ord. No. 2020-66, § 6, 12-15-20)

The number of dwelling units on a lot or building site in an R-3 district shall not exceed one for each full two thousand (2,000) square feet of the area thereof, or be in any case more than four.

Exception—In Castro Valley (areas within the Castro Valley Urbanized Area), the four unit per lot maximum does not apply. The maximum units on a lot in Castro Valley is limited to one for each full two thousand (2,000) square feet.

(Prior gen. code § 8-29.3)

(Ord. No. 2020-66, § 7, 12-15-20)

17.14.050 - Building site.

Except as otherwise specified in the case of a combining district, every use in an R-3 district shall be on a building site having a median lot width not less than fifty (50) feet and an area not less than five thousand (5,000) square feet. A corner building site shall have a median lot width of not less than sixty (60) feet.

(Prior gen. code § 8-29.4)

17.14.060 - Yards.

Except as otherwise required in the case of a combining district, the minimum requirements for yards in an R-3 district shall be as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: Not less than twenty (20) feet;

B.

Depth of rear yard: Not less than twenty (20) feet;

C.

Width of side yard: Not less than five feet plus one foot for each full ten feet by which the median lot width exceeds fifty (50) feet up to a maximum requirement of ten feet, but in no case less than six feet for an

interior side yard or less than ten feet on the street side of a corner lot, or less than required by Section 17.14.080.

(Prior gen. code § 8-29.5)

(Ord. No. 2010-71, § 22, 12-21-10)

17.14.070 - Height of buildings.

No dwelling shall have a height of more than two stories, except as provided by Section 17.52.090; nor shall any building or structure have a height in excess of twenty-five (25) feet, except as provided by Section 17.52.090.

(Prior gen. code § 8-29.6)

17.14.080 - Other regulations.

The following regulations shall also apply in R-3 districts:

A.

At least one side yard shall have a width not less than fifteen (15) feet in the case of a four-family dwelling and no multiple dwelling shall be so oriented upon a lot as to have its main or living room entrance opening into a side yard less than twenty (20) feet wide;

B.

No dwelling shall be located to the rear of another dwelling on the same building site unless one side yard is at least fifteen (15) feet wide, except in the case of a dwelling group arranged around three sides, or on two opposite sides of an open unoccupied space other than a side yard, having a width not less than twenty-five (25) feet and extending to the front lot line;

C.

No dwelling shall be located less than twenty (20) feet from any other dwelling on the lot, and none of such minimum required space shall be used as parking space;

D.

The minimum width of access driveway shall be as required by Section 17.52.790;

E.

The minimum setback from access driveway shall be as required by Section 17.52.800. (See also Section 17.52.470)

(Prior gen. code § 8-29.8)

(Ord. No. 2010-71, § 23, 12-21-10)

Chapter 17.16 - R-4 DISTRICTS

Sections:

Multiple residence districts, hereinafter designated as R-4 districts, are established to provide for larger types of multiple dwellings in relatively small areas generally near business uses or in the vicinity of major thoroughfares, together with appropriate community facilities and compatible types of group living quarters.

(Prior gen. code § 8-30.0)

(Ord. No. 2010-71, § 25, 12-21-10)

17.16.015 - Multiple residence districts—Reference to Residential Design Standards and Guidelines.

Residential development within the R-4 districts located within the planning areas of San Lorenzo, Ashland, Cherryland, Fairview, or Castro Valley (areas within the Castro Valley Urbanized Area) shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County, the respective regulations in this zoning ordinance shall apply.

(Ord. No. 2014-39, § 6, 10-7-14, eff. 1-1-15)

The following principal uses are permitted in an R-4 district:

A.

All uses permitted in R-3 districts, pursuant to Section 17.14.020;

B.

Multiple dwelling or dwelling group, provided that on any building site with an area which equals or exceeds five times the area for one dwelling unit, every dwelling unit placed on such building site shall be subject to site development review pursuant to Section 17.54.210; and

C.

Emergency shelter provided in accordance with Section 17.52.1165 (Emergency shelter—Regulations).

(Ord. 2006-33 § 2 (part): Prior gen. code § 8-30.1)

(Ord. No. 2012-58, § 16, 4-10-12)

The following are conditional uses and shall be permitted in an R-4 district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.16.010:

A.

Hospital.

(Ord. 2000-53 § 1 (part))

(Ord. No. 2010-71, § 26, 12-21-10)

17.16.030 - Conditional uses—Board of zoning adjustments.

In addition to the uses listed for Sections 17.52.480 and 17.52.580, the following are conditional uses in an R-4 district, and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Community facility;

B.

Parking lot, as regulated in Section 17.08.040C;

C.

Clubhouse;

D.

Medical or residential care facility for seven or more persons as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

E.

Boarding house;

F.

Fraternity or sorority house, accredited by an institution of higher learning;

G.

Single room occupancy facility subject to the provisions of Section 17.54.134 (Conditional uses—Single room occupancy (SRO) facilities);

H.

Licensed transitional and supportive housing for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

I.

Mobilehome parks subject to the provisions provided in Sections 17.52.1000 to 17.52.1065; and

J.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010.

(Ord. 2006-33 § 2 (part): Ord. 2002-60 § 1 (part); Ord. 2000-53 § 1 (part); prior gen. code § 8-30.2)

(Ord. No. 2012-58, § 17, 4-10-12; Ord. No. 2013-26, § 7, 7-16-13)

17.16.040 - Density limitations.

Except as otherwise provided in Section 17.16.090, the maximum of dwelling units permitted on any lot in an R-4 district shall be calculated by dividing the area of the building site by one thousand two hundred fifty (1,250), the density limitations of this section, and the exceptions thereto provided in Section

17.16.090, are intended to indicate maximum residential occupancy, when all the regulations of this title are observed. If any other requirement operates to further restrict the number of dwelling units on a building site, such other requirement shall have prior force.

(Prior gen. code § 8-30.3)

Except as otherwise specified in the case of a combining district, every use in an R-4 district shall be on a building site having a median lot width not less than sixty (60) feet and an area not less than six thousand (6,000) square feet. A corner building site shall have a median lot width of not less than seventy (70) feet.

(Prior gen. code § 8-30.4)

17.16.060 - Yards.

Except as otherwise specified in the case of a combining district, the minimum requirements for yards in an R-4 district shall be as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: not less than twenty (20) feet;

B.

Depth of rear yard: not less than twenty (20) feet, plus three feet for every full ten feet by which the building height exceeds thirty-five (35) feet;

C.

Width of side yard: not less than ten feet plus one foot for each full ten feet by which the median lot width exceeds fifty (50) feet, but in no case shall it be required to be more than thirty (30) feet, or be less than required by Section 17.16.100.

(Prior gen. code § 8-30.5)

No dwelling in an R-4 district shall have a building height in excess of forty-five (45) feet; provided that where the lot coverage does not exceed thirty (30) percent, the building height may exceed forty-five (45) feet but shall not exceed seventy-five (75) feet. For other main buildings, Section 17.52.090 shall control. (Prior gen. code § 8-20.6)

The lot coverage in R-4 districts, calculated as provided in Section 17.52.380, shall not exceed forty (40) percent of the area of the lot. It is also required that there be provided on the lot no less than six hundred (600) square feet of useable open space for each dwelling unit thereon, except as otherwise provided in Section 17.16.090.

(Prior gen. code § 8-30.7)

When the lot coverage is less than required by Section 17.16.080, the required lot area per dwelling unit is reduced as shown in the following table, but only if the amount of useable open space of each dwelling unit on the lot, calculated pursuant to Section 17.52.390, is equal to or greater than that shown in the column of Table 17.16.090 entitled "lot area usable open space."

Table 17.16.090

Density and Coverage Exception

(Prior gen. code § 8-30.8)

(Ord. No. 2010-71, § 27, 12-21-10)

A.

In an R-4 district, no main building shall be distant less than twenty (20) feet from any other main building plus three feet for every ten feet by which either building exceeds thirty-five (35) feet in height.

B.

Where an accessory building or space designed or used for the parking of a motor vehicle occupies any part of the area between two dwellings on the same building site, such occupied space shall not be included in the calculation of the required minimum distance between them.

C.

No parking space shall in any event be situated less than four feet from the wall of any dwelling, except when within the dwelling or within an attached carport or garage.

D.

All the regulations set forth for R-S districts in Section 17.12.120A, B and C shall also apply and control in R-4 districts.

E.

One identification sign is permitted a multiple dwelling or a dwelling group in an R-4 district, but shall not be illuminated, nor have an area in excess of twelve (12) square feet. (See also Section 17.52.470)

(Prior gen. code §§ 8-30.9—8-30.10)

Chapter 17.17 - SD DISTRICT

Sections:

The intent of the Sunol downtown district, hereinafter designated as SD district, is to implement the provisions of the east county area plan to regulate and control development of combined residential and commercial uses on a building site within the downtown area of the community of Sunol so as maintain the economic viability of such uses to the greatest extent possible consistent with provisions of the east county area plan. The district is established to recognize the existence of established residential and commercial uses that have coexisted in the same neighborhood for many years and form a cohesive neighborhood of buildings that have had a history of mixed residential and commercial retail or small manufacturing uses, and the existence of buildings that may be historically significant.

(Ord. 2008-32 § 1 part))

(Ord. No. 2010-71, § 29, 12-21-10)

Any structure one thousand (1,000) square feet or more or any construction aggregating one thousand (1,000) square feet or more, including reconstruction of damaged or destroyed structures, shall be subject to site development review pursuant to Section 17.54.220. Where a conditional use permit or variance is also required, the decision making body for said site development review shall be the planning commission, and the planning commission shall be the decision making body for the variance. All site development reviews shall go before the Sunol citizens advisory committee or its successor body, as an advisory body to

either the planning director or the planning commission, and approval shall be subject to making the findings outlined in Section 17.17.040 of this chapter.

(Ord. 2008-32 § 1 part))

(Ord. No. 2010-71, § 30, 12-21-10)

17.17.030 - Permitted uses.

The following principal uses are permitted in any SD district:

A.

Any principal use permitted in the R-1-B-40 district, Section 17.08.030 and Chapter 17.22, subject to the provisions of that district, except as may be modified by the provisions of this chapter.

(Ord. 2008-32 § 1 part))

17.17.040 - Conditional uses—Planning commission.

A.

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in an SD district and may be permitted or expanded if approved by the planning commission as provided in Section 17.54.135 and 17.19.010:

1.

Any other uses listed as conditional in the R-1 district, Section 17.08.040, subject to the provisions of that district;

2.

Alcohol outlet;

3.

Animal hospital;

4.

Bank or lending institution;

5.

Barber shop/beauty parlor;

6.

Bed and breakfast establishment as defined in Section 17.30.170(F)(2)(a);

Blue print/copying;

Church;

Dental laboratory; 10.

Events center; 11. Hotel, motel; 12.

Indoor recreation facility; 13. Library; 14. Medical clinic; 15. Nursery; 16. Office; 17. Parking lot; 18.

Pharmacy; 19. Private clubhouse;

Public utility substation;

Repair shop;

Restaurant;

Retail store; 24.

Service station Type A; 25.

Tailor;

Tavern;

Theater;

On any parcel that meets the minimum building site requirement for this district and has frontage on a county road, residential units, up to a maximum density of one unit per each eight thousand (8,000) square feet of lot area of the residential portion of the building site, disregarding any fraction, subject to design review by the planning commission as part of its review of the conditional use permit to ensure consistency with the historic, architectural, and visual context of the downtown Sunol plan area. For purposes of this section, the residential portion of the building site shall be that part of the building site not occupied by commercial uses, including accessory uses such as storage or parking.

B.

In addition to the findings required under Section 17.54.135, the planning commission shall not approve a conditional use in the SD district unless it finds that the use:

1.

Will have no growth inducing impacts on the community;

2.

Is consistent with the septic tank standards and policies of the Alameda County environmental health department and Alameda County flood control and water conservation district zone 7;

Will have no impacts on the existing road system;

4.

Is consistent with the policies of the east county area plan as amended;

5.

The design of the project is consistent with the historic, architectural, and visual context of the downtown Sunol plan area; and

6.

Has been reviewed by the Sunol citizens advisory committee or its successor body.

C.

For commercial uses the planning commission shall make the additional finding that the number of parcels with commercial uses on them is no greater than fifty (50) percent of the total parcels in the downtown Sunol district.

D.

For additional residential units under subsection 17.17.040(A)(28) of this section, the planning commission shall make the additional finding that the Alameda County environmental health department has provided a letter stating that the proposed total number of bedrooms in the project can be supported by an on-site septic system.

(Ord. 2008-32 § 1 part))

(Ord. No. 2010-71, § 31, 12-21-10)

Except for units allowed under Section 17.17.040B of this chapter, the number of dwelling units permitted on a building site in an SD district shall not exceed the number obtained by dividing the area in square feet of the residential portion of the building site by forty thousand (40,000) square feet, disregarding any fraction. For purposes of this section, the residential portion of the building site shall be that part of the building site not occupied by commercial uses, including accessory uses such as storage or parking.

(Ord. 2008-32 § 1 part))

Except for uses on lots legally created prior to August 21, 2008, every use in an SD district shall be on a building site having a median lot width not less than fifty (50) feet, an area not less than forty thousand (40,000) square feet, and frontage on a county road. A corner building site shall have a median lot width of not less than sixty (60) feet.

(Ord. 2008-32 § 1 part))

The yard requirements for commercial development in SD districts shall be as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: None except when the frontage of the abutting lot is in residential use, there shall be a front yard having a depth not less than ten feet.

B.

Depth of rear yard: None except when the rear of the abutting lot is in residential use, there shall be a rear yard having a depth not less than ten feet.

C.

Width of side yard: None, except that where the abutting lot at the side is in residential use, there shall be side yard having a width not less than five feet.

(Ord. 2008-32 § 1 part))

17.17.080 - Height of buildings.

A.

No dwelling shall have a height of more than two stories, except as provided by Sections 17.52.090 and 17.08.100, nor shall any building or dwelling have a height in excess of twenty-five (25) feet except as provided by Section 17.52.090.

B.

No commercial structure shall have a height in excess of thirty-five (35) feet except as provided by Section 17.52.090.

(Ord. 2008-32 § 1 part))

Both residential and commercial uses are permitted on the same building site. Where this occurs, the residential uses must meet the standards set out in this title for residential uses and the commercial uses must meet the standards set out in this title for commercial uses. Unless otherwise specified in this chapter, commercial uses shall conform to the development standards of chapter 17.38 C-1 districts or as the planning commission may modify them to be more restrictive.

(Ord. 2008-32 § 1 part))

(Ord. No. 2010-71, § 32, 12-21-10)

Chapter 17.18 - PD DISTRICTS

Sections:

Planned development districts, hereinafter designated as PD districts, are established to encourage the arrangement of a compatible variety of uses on suitable lands in such a manner that the resulting development will:

A.

Be in accord with the policies of the General Plan of the county;

B.

Provide efficient use of the land that includes preservation of significant open areas and natural and topographic landscape features with minimum alteration of natural land forms;

C.

Provide an environment that will encourage the use of common open areas for neighborhood or community activities and other amenities;

D.

Be compatible with and enhance the development of the general area;

E.

Create an attractive, efficient and safe environment.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.0)

17.18.015 - Planned development districts—Reference to Residential Design Standards and Guidelines.

Residential development and mixed-use residential development within the PD districts located within the planning areas of San Lorenzo, Ashland, Cherryland, Fairview, or Castro Valley (areas within the Castro Valley Urbanized Area) shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County, the respective regulations in this zoning ordinance shall apply.

(Ord. No. 2014-39, § 7, 10-7-14, ef. 1-1-15)

17.18.020 - Change in zoning district required.

The provisions of this chapter shall become applicable to any given development only upon change in zoning district to a planned development district in accordance with the provisions of Chapter 17.54 of this title, with the following exceptions to the provisions of said Chapter 17.54:

A.

The determination that the proposal will benefit the public necessity, convenience and general welfare shall be based in part on the conformance of the proposal with the provisions of this chapter.

B.

Any change in zoning district accomplished in accordance with this chapter is subject to review by the planning commission at the expiration of two years from the effective date of said change, if during the two year period construction in accordance with the approved plan is not commenced or if the approved staging plan has not been followed. At the conclusion of the review by the planning commission, the planning commission may recommend to the Board of Supervisors that the lands affected by the planned development district be rezoned from the planned development district. Said hearings by the planning commission and the Board of Supervisors shall be in accordance with the provisions of this title.

C.

A planned development district shall be established by the adoption of an ordinance by the Board of Supervisors reclassifying the described property to a planned development district and adopting by reference, a land use and development plan, the provisions of which shall constitute the regulations for the use, improvement and maintenance of the property within the boundaries of the plan.

(Ord. 2006-36 § 1 (part): Ord. 2004-61 § 1 (part): prior gen. code § 8-31.2)

(Ord. No. 2010-71, § 34, 12-21-10)

Where the parcel or parcels for which an applicant is requesting a change in zoning district to a planned development district totals one acre or smaller in area, the applicant shall submit a preliminary land use and development plan to the planning commission, which will allow formal consideration of the concept of development prior to detailed design. For all other requests for a change in zoning to a planned development district, the applicant may, prior to submitting an application for change, submit a preliminary land use and development plan for commission review.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.3)

The preliminary plan shall contain certifications that a civil engineer, a landscape architect and an architect or a registered building designer have participated in the preparation of the preliminary plan.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.4)

The preliminary plan shall be in the form specified by the planning commission.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.5)

Upon receipt of a preliminary plan in the form specified by the planning commission notice of hearing shall be given pursuant to Section 17.54.830.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.7)

(Ord. No. 2009-17, § 3, 4-14-09)

After consideration of the preliminary plan, the testimony at the public hearing, and the reports of any interested referral agency, the planning commission shall advise the applicant of its evaluation of the plan. This evaluation shall include statements regarding:

A.

Whether, in the opinion of the planning commission, the public interest would be best served by any planned development district within the subject area; and may include statements regarding:

1.

Whether, in the opinion of the planning commission, the intent and provisions of this district could be met by the development as indicated on the preliminary plan and if so, of the specific development objectives that would tend to render the proposal in compliance with these provisions, such as: maximum dwelling units permitted based on a refinement of the ranges found in the General Plan;

2.

Specified developmental objectives relative to particular characteristics of the site and its environs that should be obtained in the ultimate development.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.8)

17.18.080 - Land use and development plan—Persons authorized to prepare.

Same as provided in Section 17.18.040, except when rezoning is initiated by the Board of Supervisors or planning commission, in which case the plan will be prepared by the planning department.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.11)

17.18.090 - Land use and development plan—Information required.

The land use and development plan shall be in the form specified by the planning commission.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.12)

Maintenance of all lands included within the plan not utilized for building sites, state and county roads and public uses shall be assured by recorded land agreements, covenants, proprietary control or other stated

devices which attain this objective. The proposed method of assuring the maintenance of such lands shall be included as part of the land use and development plan.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.15)

17.18.110 - Land use and development plan—Action by the planning commission and the Board of Supervisors.

A land use and development plan shall be part of any reclassification action to the planned development district.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.16)

17.18.115 - Land use and development plan—Required findings.

The planning commission and the Board of Supervisors shall not approve any reclassification of property to a planned development district unless they can make all the following findings in the affirmative:

A.

The resulting development implements the applicable policies, objectives, principles, and goals of the county general plan, area plans, and applicable specific plans;

B.

The parcel size, shape, property lines, and terrain are suitable for the proposed development;

C.

The resulting development is integrated and harmonious with and/or beneficial to the character and infrastructure of the surrounding area in terms of physical development and use;

D.

The development results in a higher quality design or site plan than would otherwise result from development of the property if subject to the existing zoning development and use standards; and

E.

In Castro Valley, there is no increase in density over that permitted by existing zoning standards. In other areas, any increase in density over that permitted by existing zoning standards shall either:

1.

Provide a positive relationship to adjacent land uses and densities;

2.

Provide affordable housing; or

Provide a tangible public benefit, such as:

a.

Substantial improvement to public infrastructure in the immediate area;

b.

Public uses such as community centers, public parks, or open spaces; or

c.

Additional impact fees (which may be achieved through development agreements) for which there might not otherwise be nexus on project impacts.

F.

In Castro Valley, there shall be no change to the Castro Valley General Plan land use designation as part of the planned development rezoning request.

In addition to the above findings, the planning commission and Board of Supervisors shall not approve any reclassification of property to a planned development district for residential developments greater than fifty (50) units unless they can make all the following additional findings in the affirmative:

G.

The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and the density will not generate traffic in such amounts as to overload the street network outside the PD district;

H.

There will be no adverse fiscal impact to the county, specifically, but not limited to provision of services; and

I.

Each phase, if applicable, of the development, as well as the development as a whole, can exist as an independent unit capable of creating an environment of sustained desirability and stability.

(Ord. 2006-36 § 1 (part))

(Ord. No. 2010-71, § 35, 12-21-10; Ord. No. 2020-66, § 8, 12-15-20)

17.18.120 - Land use and development plan shall control.

Any use of land within the boundaries of a planned development district adopted in accordance with the provisions of this chapter shall conform to the approved land use and development plan.

(Ord. 2006-36 § 1 (part): Ord. 2004-61 § 1 (part): prior gen. code § 8-31.17)

(Ord. No. 2010-71, § 36, 12-21-10)

If an applicant proposes a change to a land use and development plan approved by the Board of Supervisors in accordance with Section 17.18.020 of this chapter, the change may be permitted subject to securing a conditional use permit as provided by Section 17.54.135 of this title. For purposes of considering such a conditional use permit, in addition to the findings required by Section 17.54.135, the planning commission shall only authorize a conditional use permit if it finds that:

A.

The proposed change does not increase:

1.

The number of housing units beyond that permitted in the existing land use and development plan;

2.

The number of, or size of, structures;

3.

The number of, or size of, accessory structures;

4.

Signage (number and/or aggregate sign area); or

5.

The floor area ratio of the structures permitted in the existing land use and development plan.

B.

The original land use and development plan was approved less than five years ago;

C.

The proposed change does not reduce public infrastructure provided in the land use and development plan;

D.

The proposed change does not reduce public uses such as community centers, public parks or open spaces;

E.

The proposed change does not have an adverse financial impact on the county, including the provision of services;

F.

The proposed change does not involve uses not previously approved for the project.

The planning commission shall adopt a statement or resolution of findings for each criteria required for issuance of a conditional use permit. A planning commission decision pursuant to this section is subject to appeal pursuant to Section 17.54.670.

(Ord. 2006-36 § 1 (part): Ord. 2004-61 § 1 (part): prior gen. code § 8-31.18)

(Ord. No. O-2015-47, § 1, 9-29-15)

Prior to the installation of any improvements or prior to the issuance of any building permit for any structure within the boundaries of a land use and development plan approved by the Board of Supervisors in accordance with Section 17.18.020 of this chapter, there shall be deposited with the county treasurer, a sum in the amount estimated by the county building official as being sufficient to cover the cost of inspection for all improvements not requiring the issuance of any other permit by the provisions of the county building, electrical and plumbing codes. If the amount so deposited exceeds the actual cost to the county, the depositor shall be reimbursed for the balance remaining; if the actual cost of inspection exceeds the deposited amount, the building official shall withhold final inspection and approval of occupancy until there is deposited with the county treasurer an additional sum as estimated by the building official.

(Ord. 2006-36 § 1 (part): Prior gen. code § 8-31.19)

Chapter 17.20 - HP DISTRICTS

Sections:

Historical preservation districts, hereinafter designated as HP districts, are established to further preservation of historical resources in the county by encouraging development within the district which makes their preservation economically and physically viable and by restricting development inconsistent with or inimical to their historical nature. Regulation of uses within the district is intended to be compatible with the historical nature of the resource and with the district. Regulation may extend to structural or other alteration, including painting, of structures within the district to maintain compatibility with historical values, and any other regulations which may be necessary to properly preserve the historical resource.

(Prior gen. code § 8-35.0)

All such uses permitted by the regulations of any of the districts of this title and authorized by the land use and development plan adopted for each HP district established are permitted in the HP district.

(Prior gen. code § 8-35.1)

An HP district shall be established by the adoption of an ordinance by the Board of Supervisors reclassifying the described property to an HP district and adopting a land use and development plan constituting the regulations for the use, improvement, and maintenance of the property within the boundaries of the district.

(Prior gen. code § 8-35.2)

In order to be classified in the HP district, at least part of the property or one of the structures on the property must be:

A.

Listed on the Alameda County Register, or otherwise specifically recognized by the Alameda County General Plan; or

B.

Designated a Point of Historic Interest or State Historical Landmark, or be eligible for or listed on the National Register of Historic Places, California Register of Historical Resources, or some state or federal inventory of historical resources; or

C.

Of special importance due to its historical association, basic architectural merit, its embodiment of a style or special type of construction, or other special character, interest, or value.

In addition, establishment of any HP district, and regulations adopted therein, shall be consistent with Section 17.20.010, Intent.

(Ord. 93-15 § 1: prior gen. code § 8-35.3)

(Ord. No. 2012-5, § 4, 1-10-12)

Any amendment to establish this district may be initiated in conformance with Section 17.54.730 of this title. The boundaries of the district may include any or all areas which relate to the specific historical resource. The proposed amendment shall be in the form of a land use and development plan which specifies the uses of land and other regulations that are to apply in the district.

(Prior gen. code § 8-35.4)

17.20.060 - Procedure—Referral to parks, recreation, and historical commission.

The petition for reclassification or the land use and development plan shall be referred to the county parks, recreation, and historical commission for recommendation. The recommendation shall include a determination as to whether or not the property meets the requirements of Section 17.20.040, whether or not reclassification to an HP district is an appropriate means of preserving the property, and whether or not the proposed uses and any proposed alterations to the property are detrimental to its historical value. The parks, recreation, and historical commission may also make recommendations to the planning commission as to appropriate modifications in the proposal, including the boundaries of the district. The parks, recreation, and historical commission review shall be completed and transmitted to the planning commission within sixty (60) days of receipt, or such longer time as may be agreed to by the planning commission, or the above determination shall be made by the planning commission.

(Prior gen. code § 8-35.5)

(Ord. No. 2012-5, § 5, 1-10-12)

17.20.070 - Procedure—Action by planning commission.

Upon receipt of the parks, recreation, and historical commission report, or the expiration of the time limit specified in Section 17.20.060, the amendment shall be set for public hearing.

(Prior gen. code § 8-35.6)

Chapter 17.22 - B DISTRICTS

Sections:

17.22.010 - Intent.

The districts hereinafter designated combining B districts are established to be combined with other districts in order to modify the site area and yard requirements, and thereby to vary the intensity of land use so as to give recognition to special conditions of topography, accessibility, water supply or sewage disposal, and to provide for development pursuant to adopted plans.

(Prior gen. code § 8-40.0)

17.22.020 - Regulations.

In a combining B district, all regulations shall remain the same as in the district with which it is combined, except as to the matters hereinafter specified.

(Prior gen. code § 8-40.1)

(Ord. No. 2010-71, § 37, 12-21-10)

The B districts shown in Table 17.22.030 are established, and the minimum building site area, median lot width, and yard dimensions shall be as specified.

Table 17.22.030

B-Districts Minimum Building Site/Yard Requirements

Provided, however, that where a B district is combined with any M district, the yard requirements shall not apply unless specified in the case of a B-E district.

(Prior gen. code § 8-40.2)

(Ord. No. 2010-71, § 38, 12-21-10)

Chapter 17.24 - D DISTRICTS

Sections:

The districts hereinafter designated as combining D districts are established to be combined with R-S districts in order to provide for variations in the intensity of development and thus to create, maintain and protect patterns of residential use in conformance with adopted plans concerning the ratio of dwelling units to land area.

(Prior gen. code § 8-41.0)

17.24.020 - Reserved.

Editor's note— Ord. No. 2010-71, § 39, adopted December 21, 2012, repealed § 17.24.020, which pertained to map designations and derived from prior gen. code § 8-41.1.

In a combining D district, all regulations shall be the same as in an R-S district except as to the matters specified in Section 17.24.040.

(Prior gen. code § 8-41.2)

The symbols which designate each of the several combining D districts are shown in the column of Table 17.24.040 entitled "Symbol." In each such designated district provided the other district requirements are met, the maximum number of dwelling units permitted shall be calculated by dividing the area in square feet of the building site by the figure on the same line in the column of said table entitled "required number of square feet of building site per dwelling unit" showing the required number of square feet per dwelling unit, or, in the case of a D-3 district, by the number specified in the amendment creating the district. In making the calculation, fractions shall be disregarded except that where such calculation results in an allowance of more than seven units a fraction greater than three-fourths shall be adjusted to the next higher whole number.

Table 17.24.040 D Districts Building Sites per Dwelling Unit Requirements

(Prior gen. code § 8-41.3)

(Ord. No. 2010-71, § 40, 12-21-10)

Chapter 17.25 - DV DISTRICTS

Sections:

The districts hereinafter designated as combining DV districts are established to be combined with the R-S districts in order to provide for variations in the intensity of development to act as incentive to combine narrow parcels into larger, more regular parcels associated with better site development. The intent is to create patterns of residential development in conformance with adopted plans concerning the ratio of dwelling units to land area while promoting superior development standards.

Every parcel designated on the zoning map as being in a combining district identified by the symbol DV (density variable) shall become and thereafter be subject to these regulations for the combining DV district and shall be so shown on any revised zoning map or part thereof.

In a combining DV district, all regulations shall be the same as in an R-S district except as to matters specified in Section 17.25.040.

For lots having an area not less than twenty thousand (20,000) square feet and an average lot width not less than one hundred (100) feet, the density shall be one dwelling unit per two thousand (2,000) square feet. For all other lots, the density shall be one dwelling per three thousand five hundred (3,500) square feet. In making this calculation, fractions shall be disregarded, except that where such calculation results in an allowance of more than seven units, a fraction greater than three-fourths shall be adjusted to the next higher number. Dwelling units created by valid building permits prior to August 6, 2005, shall be considered conforming in regards to density.

(Ord. No. 2005-33, 7-7-05.)

Chapter 17.26 - L DISTRICTS

Sections:

The districts hereinafter designated as combining L districts are established to allow additional uses of a rural nature, in suburban or rural areas where the lot pattern, size and other conditions are such that the specified uses will not be incompatible with the residential environment.

(Prior gen. code § 8-42.0)

In a combining L district, all regulations shall remain the same as in the R district with which it is combined, except as to the matters hereinafter specified.

(Prior gen. code § 8-42.1)

(Ord. No. 2010-71, § 41, 12-21-10)

The following uses in addition to those permitted in the district with which it is combined are accessory uses permitted in an L district on a site of forty thousand (40,000) square feet minimum size:

A.

Fifty (50) fowl (chicken, duck, goose, turkey) or rabbits, guinea pigs, or other similar small animals);

B.

Two sheep, or two goats or other similar domestic animals or one cow, or one horse, or other similar domestic animal or any combination thereof, for each twenty thousand (20,000) square feet of lot area;

C.

Grazing or pasturing of horses for remuneration, on minimum area required by subsection B of this section.

(Prior gen. code § 8-42.2)

The following are conditional uses in an L district and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

The keeping of a number of animals in excess of that permitted by Section 17.26.030;

B.

Kennel;

C.

Boarding stables and riding academies;

D.

Sale of any products of any permitted use, including a stand for the sale at retail of such items as regulated in Section 17.06.050(D);

E.

Soil importing in accordance with Chapter 17.66.

(Ord. 2002-60 § 1 (part); Prior gen. code § 8-42.3)

(Ord. No. 2019-43, § 2, 10-15-19)

No kind of number of animals or fowl may be kept so as to cause dust, insects, odor, noise, or other nuisance so as to create health or safety hazard to animals, persons or adjacent properties.

(Prior gen. code § 8-42.4)

Site development review pursuant to Section 17.54.210 shall be required for every new dwelling hereafter placed on a lot in the L district.

(Ord. 98-32 § 1)

Chapter 17.28 - X DISTRICTS

Sections:

The districts hereinafter designated as combining X districts are established to be combined with other districts in certain areas which are uniquely susceptible to air contamination because of terrain, contour, elevation, winds or other meteorological and physical conditions. The regulations are intended to prevent concentration of air contaminants which may cause injury, detriment, nuisance or annoyance to the health or welfare of persons or damage to property. The regulations of any district with which an X district is combined shall remain the same, except as to matters specified in Section 17.28.020, which shall apply in lieu of the corresponding regulations otherwise effective.

(Prior gen. code § 8-43.0)

No use shall be permitted in a combining X district which causes, or is found by the board of zoning adjustments to involve:

A.

The emission of odorous gases or odorous matter in quantities such as to be perceptible at any lot line of the lot or building site upon which the source is situated; or

B.

The emission of visible gray smoke of a shade or quality darker than No. 1 on the Ringelmann Chart as specified in Circular 7718 of the United States Bureau of Mines, or its equivalent opacity as determined by the Bay Area Pollution Control District, for more than three minutes in any one hour.

(Ord. 2002-60 § 1 (part); Prior gen. code § 8-43.1)

(Ord. No. 2010-71, § 42, 12-21-10)

Chapter 17.30 - S DISTRICTS

Sections:

Article I - S Districts

The districts hereinafter designated as S combining districts are established to be used in conjunction with commercial districts located in areas where characteristics of the business uses require more stringent signing practices.

(Prior gen. code § 8-44.0)

In a combining S district, all regulations shall remain the same as in the C district with which it is combined, except as to the matters hereinafter specified.

(Prior gen. code § 8-44.1)

17.30.030 - Uses prohibited—S districts.

A.

Advertising signs, except pursuant to Section 17.52.515(A)(3) and in conformance with Section 17.54.226.

(Prior gen. code § 8-44.2)

(Ord. No. 2010-49, § 4, 9-14-10)

Article II - Combining FW Districts

The district, hereinafter designated as combining FW (floodway) district, is established to be combined with other districts in certain areas which are uniquely susceptible to fast-moving waters associated with periodic inundation and which are necessary to carry and discharge such waters, as determined by engineering analysis of hydrological, meteorological, topographical, and other data. The regulations are intended to restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause increase in flood heights or velocities. The regulations are also intended to help preserve natural riparian areas and to prevent uses encroaching within the floodway, which usually require costly public improvements for their protection. The regulations of any district with which a FW district is combined shall remain the same, except as to matters specified in Sections 17.30.050 through 17.30.070, which shall apply in addition to those contained in the basic underlying zoning district.

(Prior gen. code § 8-44.3)

(Ord. No. 2010-71, § 43, 12-21-10)

17.30.050 - FW district—Prohibited uses.

A.

The following uses shall not be permitted in a combining FW district:

1.

Any structure designed for human habitation; and

2.

Any storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or polluting (such as chemicals, oil, and other hazardous materials that could spread with the flood flow).

B.

No waste treatment, sanitary transportation, water supply, or other facility utilized to service structures or their inhabitants in a combining FW district shall be constructed without flood-proofing techniques consistent with the flood hazard of the vicinity.

(Prior gen. code § 8-44.4)

The following uses shall be permitted in a combining FW district only upon issuance of a conditional use permit and a determination that the provisions of Section 17.30.040 can be met:

A.

Any structure (temporary or permanent) except those specified in Section 17.30.030A;

B.

Storage of materials or equipment;

C.

Obstruction; or

D.

Any other use which adversely affects the capacity of the channels or floodways of the main stream or tributary thereof; drainage ditch; or any other drainage facility or system.

(Prior gen. code § 8-44.5)

No use shall be permitted in a combining FW district which will adversely increase the water surface elevation or otherwise adversely change the flow characteristics of the one hundred (100) year flood at any cross section of the floodway. The effect of any use on said flow characteristics and water surface elevation shall be determined by the county flood control and water conservation district. Consideration of the effects of a proposed use shall be based upon a reasonable assumption that there will be an equal degree of encroachment extending for the entire reach of the stream on both sides thereof in which the proposed use is permitted by the underlying district.

(Prior gen. code § 8-44.6)

Article III - Combining FF Districts

The district, hereinafter designated as combining FF (flood fringe) district is established to be combined with other districts in certain areas which are uniquely susceptible to periodic inundation as determined by

an engineering analysis of hydrological, meteorological, topographical, and other data. The regulations are intended to require that uses vulnerable to floods be protected against future flood damage at the time of initial construction. The regulations of any district with which an FF district is combined shall remain the same, except as to matters specified in Section 17.30.060, which shall apply in addition to those contained in the zoning district with which it is combined.

(Prior gen. code § 8-44.7)

17.30.090 - FF district—Prohibited uses.

A.

No structure shall be permitted in a combining FF district which does not have its lowest floor, including basement floor, at least one foot above the level of the one hundred (100) year flood adopted for the particular area.

B.

No waste treatment, sanitary transportation, water supply or other facility utilized to service structures or their inhabitants in a combining FF district shall be constructed without flood-proofing techniques consistent with the flood hazard of the vicinity.

(Prior gen. code § 8-44.8)

Article IV - Combining SU Districts

The district, hereinafter designated as combining SU (secondary unit) district, is established to be combined with residential districts which are characterized by lot sizes, parking areas, street improvements, public utilities, and other residential support systems which can best accommodate them.

(Prior gen. code § 8-44.9)

(Ord. No. 2010-71, § 44, 12-21-10; Ord. No. 2017-13, § 2(Pt. 2), 4-25-17)

17.30.110 - SU combining district—Permitted uses.

In addition to those uses permitted in this district with which it is combined, one secondary dwelling unit per building site is permitted subject to the following requirements:

A.

Parking.

1.

One parking space per unit or per bedroom, available for tenant and visitor parking and having a nine-foot minimum width, an eighteen (18) foot minimum depth, and an area not less than one hundred eighty (180) square feet, or be designed as specified in the Alameda County Residential Design Guidelines, must be

present on the property. Such parking may be provided on an existing driveway or within a required setback and may be tandem.

2.

No additional parking for the secondary unit is required when:

a.

The property is located within one-half mile of public transit;

b.

The property is located within an architecturally and historically significant historic district;

c.

The property is entirely within the existing space of the existing primary residence or an existing accessory structure;

d.

On street parking permits are required but not offered to the occupant of the accessory dwelling unit; or,

e.

There is a car share vehicle located within one block of the accessory dwelling unit.

3.

Except for secondary units described in subsection 17.30.110(A)(2), when a garage, carport, or covered parking space is eliminated in conjunction with the construction of a secondary unit, the eliminated off street parking spaces shall be replaced on-site. The replacement space(s) may be located in any configuration on the same lot as the secondary unit and may be covered, uncovered spaces, tandem spaces, or accessible by the use of mechanical automobile parking lifts.

B.

The attached secondary unit shall have a direct external entry and shall be limited to a maximum size of fifty (50) percent of the existing living area or six hundred forty (640) square feet, whichever is less. In all other respects the regulations of the district within which the SU district is combined shall remain the same, except as follows:

1.

No setback shall be required for an existing garage that is converted to an accessory dwelling unit, except as required by fire or building codes.

Units contained within the existing space of a single-family residence or accessory structure need only have side and rear setbacks sufficient to ensure fire safety.

C.

The detached secondary dwelling shall be clearly subordinate to the existing single-family dwelling by size and appearance. A detached secondary unit shall be limited to one story, fifteen (15) feet in height, a maximum size of fifty (50) percent of the existing living area or six hundred forty (640) square feet, whichever is less, a minimum of ten feet from the existing dwelling, and located to the rear of the existing dwelling. In all other respects the regulations of the district with which the SU district is combined shall remain the same.

D.

The secondary unit shall not be sold separately from the primary residence.

E.

The secondary unit shall not be rented for a period of less than thirty (30) days.

F.

The property must be owner occupied.

(Prior gen. code § 8-44.10)

(Ord. No. 2010-71, § 45, 12-21-10; Ord. No. 2017-13, § 2(Pt. 2), 4-25-17)

Article V - Reserved[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 2017-13, § 2(Pt. 2), adopted April 25, 2017, repealed Article V, §§ 17.30.120 and 17.30.130, which pertained to combining CSU Districts and derived from prior gen. code §§ 8-44.10.1, 8- 44.10.2 and Ord. No. 2002-60.

17.30.120, 17.30.130 - Reserved. Article VI - Combining RV Districts

17.30.140 - Combining RV district—Intent.

The district, hereinafter designated as the combining RV (recreational vehicle) district, is established to be combined with residential districts which are characterized by lot sizes, yards, and parking such that properties in these districts can accommodate the parking and storage of personally owned recreational vehicles.

(Prior gen. code § 8-44.11)

In a combining RV district, all regulations shall remain the same as in the residential district with which the RV district is combined, except as to the matters hereinafter specified.

The provisions of Section 17.52.330, Yard regulations, notwithstanding, the parking, storage, and use of a motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be permitted as an accessory use in the yard areas of a lot, subject to the following restrictions:

A.

Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be parked, stored, or used on a paved surface;

B.

The paved area(s) for parking, storage, and use of a motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall not exceed thirty (30) feet in width, or one-half the lot width, whichever is less;

C.

Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall have a maximum length of twenty (20) feet, provided that for each one foot in excess of twenty (20) feet by which the proposed parking, storage, or use area extends inward from and generally perpendicular to the frontage, the allowable length of the motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat may be an additional one foot in length, however in no case shall the maximum length exceed twenty-five (25) feet;

D.

Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall not extend over any portion of a public or private right-of-way;

E.

Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall not block access to required off-street parking;

F.

Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall have a maximum height including all appurtenances of eleven (11) feet;

G.

Motorhome, recreational vehicle, utility or other trailer shall be operable;

H.

Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be owned by the occupant of the property upon which it is parked, stored, or used;

I.

To the extent reasonably possible, using landscaping and fencing within the allowable height limits contained in this title, motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be effectively screened from the view of other properties and the public or private right-of-way.

(Prior gen. code § 8-44.12)

Article VII - Combining CA Districts

The district, hereinafter designated the CA (cultivated agriculture) combining district, is established to be combined with the A (agricultural) district to implement the land use policies and standards for the vineyard area of the South Livermore Valley Area Plan.

(Ord. 2000-25 (part): Ord. 99-1 § 1 (part))

(Ord. No. 2010-71, § 46, 12-21-10)

17.30.170 - CA combining district—Regulations.

In a CA combining district, the regulations shall remain the same as the regulations in the A (agricultural) district with which it is combined, except as follows:

A.

The maximum dwelling unit density shall be one per twenty (20) acres and the minimum lot area shall be seventeen (17) acres provided the following criteria are met to the satisfaction of the planning director and by the time specified in the tentative map approving the subdivision:

1.

The applicant shall demonstrate that the proposed lots will contribute substantially to the goal of promoting viticulture or other cultivated agriculture; and

2.

The applicant shall demonstrate that adequate water supplies are available to the proposed parcels for domestic, fire fighting, agricultural and landscaping irrigation needs; and

3.

The applicant shall demonstrate that all proposed homesite(s) can be served by individual septic tank systems or by a sewer system; and

The applicant shall demonstrate that proposed lots have been surveyed by a qualified biologist to locate any potential plant or wildlife species of concern, and that a mitigation plan has been developed to protect any sensitive or unique environmental characteristics, including but not limited to oak groves, riparian area, or species of concern; and

5.

The applicant shall demonstrate and guarantee that a minimum of ninety (90) percent of the area of the parcel being subdivided shall be permanently set aside for viticulture or other cultivated agriculture, planted, and maintained for a minimum of eight years in wine grapes or other cultivated agriculture, excepting therefrom only those minor portions needed to preserve environmentally sensitive areas or undeveloped parcels in the subdivision that are subject to a clustering plan; and

6.

The applicant shall demonstrate that all applicable fees have been paid; and

7.

The applicant shall demonstrate that adequate notice to buyers of proposed parcels has been given of potential residential/agricultural land use conflicts such as noise, dust, odors, night operations or other impacts resulting from the agricultural operations.

Of the ninety (90) percent of the area of the parcel being subdivided to be permanently set aside for viticulture or other cultivated agriculture as required under subsection 17.30.170(A)(5), up to but no more than fifteen (15) percent may consist of environmentally sensitive areas, including but not limited to wetlands, arroyos, slopes in excess of twenty-five (25) percent, oak groves, or areas with unique environmental characteristics. This area shall be included in the area permanently set aside, but shall not be planted. This area may be divided in any proportion between the parcels being created. In order to meet the minimum acreage required to be planted (seventy-six and one-half (76.5) percent of the total parcel), building site envelopes may be reduced below the two acre total allowed in subsection 17.30.170(C)(2). The planning director may require a reduction of the two acre building site envelope in order to maximize the amount of acreage planted. If more than fifteen (15) percent of the area to be set aside permanently for agriculture consists of environmentally sensitive areas, the amount over fifteen (15) percent shall be subtracted from the total area of the parcel for purposes of calculating the number of parcels that can be created. All fractions shall be rounded down.

B.

There shall be a minimum one hundred (100) foot uncultivated and undeveloped buffer area adjacent to the top of bank of any major arroyo, and a minimum twenty (20) foot uncultivated and undeveloped buffer area adjacent to the top of bank of any minor watercourse unless buffers of different widths are approved in light of potential hazards, crop management practices, and other factors.

C.

All buildings shall be located within a building site envelope shown on the tentative map approving the subdivision and which meets the following criteria:

There shall be not more than two separate building site envelopes on a parcel; and

2.

The aggregate area of the building site envelope(s) for a residence including the driveway(s) shall not exceed two acres; if nonresidential use is authorized on the parcel, the aggregate area of the building site envelope(s) for all buildings and driveway(s) shall not exceed ten percent of the area of the parcel; and

3.

Except for underground agricultural storage silos, the building site envelope shall not exceed twenty-five (25) percent slope; and

4.

The building site envelope shall not be located within a FEMA-designated, 100-year flood plain area; and

5.

The building site envelope shall be a minimum of two hundred (200) feet from a major street and one hundred (100) feet from any other street unless site-specific studies of noise, traffic, visual impacts or other land use compatibility factors warrant a lesser setback through the site development review process; and

6.

The building site envelope shall not be located in any area that is known to be subject to landslide or other seismic or geotechnical hazards.

D.

Where subdivision of land results in a net loss of vineyard acreage, the maximum area of such land that may be approved for subdivision on a tentative map between January 1st and December 31st of any calendar year shall be one hundred (100) acres.

E.

To the satisfaction of the planning director and by the time specified in the tentative map approving the subdivision, subdivision of existing vineyards shall be subject to provision of improvements necessary to bring the existing vineyard stock up to current industry standards for production, quality and resource use, including water and soil.

F.

CA District—Conditional Uses Prohibited.

1.

The following uses, otherwise conditionally allowed by the A (agricultural) district, are neither permitted nor conditional uses where the CA district is combined with the A district:

a.

Killing and dressing of livestock, except when accessory as specified in Section 17.06.050;

b.

Flight strip when accessory or incidental to a permitted or conditional use, unless such a conditional use permit has been previously approved on subject property for such use;

c.

Cemetery, crematory, or other facility for the disposal of human or animal dead, pet cemetery;

d.

Hog ranch;

e.

Radio and television transmission facilities, unless such a conditional use permit has been previously approved on subject property for such use;

f.

Sanitary landfill or composting facility;

g.

Privately owned wind-electric generators, except as an accessory use.

2.

In addition to the conditional uses in the A (agricultural) district with which it is combined, the following are conditional uses in the CA combining district and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

a.

Bed and breakfast establishment: maximum of fourteen (14) rooms available for guests;

b.

Restaurant, with seated service only, and a maximum of forty-nine (49) permanent indoor seats, that features agricultural products of the South Livermore Valley Area;

c.

Bicycle rental;

d.

Hot air balloon rides and operations;

e.

Golf course pro shop;

f.

Art gallery and sculpture garden;

g.

Day spa;

h.

Wine trollies and tours;

i.

Wine country museum and gift shop;

j.

Artisan furniture workshop and tours;

k.

Truffle hunts;

l.

Wine country specialty gift store;

m.

Trail hikes and vineyard tours;

n.

Hotel, with up to one hundred forty (140) rooms for guests;

o.

Market and deli selling picnic foods for on-site or off-site consumption;

p.

Event space, only as a subordinate use (in terms of scale, size, and frequency of use) at a winery, restaurant, and lodging place;

q.

Tasting rooms;

r.

Other small scale recreational uses found by the board of zoning adjustments to be consistent with the intent of the South Livermore Valley Area Plan.

G.

CA District—Site Development Review. Site development review pursuant to Section 17.54.210 shall be required for every new building greater than five hundred (500) square feet or thirty (30) feet in height, placed on a lot in the CA district. Notwithstanding the requirements of Section 17.54.230, the planning director may establish the application filing requirements appropriate to the structure under consideration.

H.

Clustering Plan.

1.

An applicant may cluster building envelopes on a parcel or on adjoining parcels in the CA combining district subject to an approved clustering plan and may develop any parcel within an approved clustering plan in a manner consistent with Program 141 of the South Livermore Valley Area provisions of the East County General Plan. An applicant shall not be required to subdivide any parcel in order for the county to approve a clustering plan.

2.

On a parcel or parcels subject to a clustering plan, the visitor-serving commercial uses shall be conditional uses and shall be permitted if approved by the board of zoning adjustments as provided in Section 17.54.130.

In the exercise of reasonable judgment and based on affirmative findings of fact, minor variances to the provisions of this section may be granted through the site development review process, provided that the variance does not allow a use not otherwise allowed. Specifically, this shall not allow a variance of the provisions of Section 17.30.170 that set the maximum dwelling unit density; the minimum building site area, and the maximum amount of land that may consist of environmentally sensitive areas.

(Ord. 2002-60 § 1 (part); Ord. 2001-35; Ord. 2000-25 (part): Ord. 99-1 § 1 (part))

(Ord. No. 2010-71, § 47, 12-21-10; Ord. No. 2025-33, § 1, 6-12-25)

17.30.180 - CA combining district—Easement monitoring fee.

A.

Purpose and Intent. The intent of this section is to provide the land trust or other entity holding an agricultural easement or other similar restriction on land as required under this article with capital to create an endowment fund that would generate revenue for the long-term monitoring costs of the easements on property that is subdivided and restricted under this article.

B.

Findings. In establishing the requirements set out in this chapter, the board of supervisors finds and determines as follows:

1.

County plans, policies, and regulations encourage bringing agricultural lands under cultivation and permanently committing them to agricultural uses. To encourage this, the CA combining district allows subdivision of agricultural land into parcels smaller than the underlying A (agricultural) district minimum parcel size, subject to permanently setting aside a minimum of ninety (90) percent of the area of the parcel being subdivided for viticulture or other cultivated agriculture. This is generally accomplished by dedicating an agricultural easement or other similar restriction to a land trust or other entity;

2.

In order to ensure that the property owners meet the terms of the easements and do not do anything inconsistent with the terms of the easement, the land trust or other entity must establish the base information for the property and monitor the property on an annual basis in perpetuity;

3.

It is in the public interest that the land trust or other entity have a dependable source of funding to monitor the easements, and, where necessary, enforce the terms of the easements;

4.

The South Livermore Valley Agricultural Land Trust has prepared a study that demonstrates that the sum of seventy-five dollars ($75.00) per acre, or one thousand five hundred dollars ($1,500.00) for the minimum twenty (20) acre parcel, invested conservatively, will provide an annual income of seventy-five dollars ($75.00), which will cover a major portion of the cost to monitor the easement;

5.

This requirement is consistent with the county general plan;

6.

Pursuant to Government Code Section 65913.2, the board of supervisors has considered the effects of the requirement with respect to the county's housing needs as established in the housing element of the county general plan, and finds that it does not render unfeasible the development of housing for any and all economic segments of the community.

C.

Requirement. Concurrent with finalizing the guarantees required under Section 17.30.170(A)(5) of this article, applicant shall pay a fee equal to seventy-five dollars ($75.00) per each acre covered by the tentative map to the land trust or other entity holding the restriction. This fee shall be paid for the total acreage, including the building envelope as well as the acreage to be planted and environmentally sensitive areas.

D.

Waiver. The planning director may waive all or part of this requirement if either of the following occurs:

1.

The land trust or other entity holding the restriction requests that the fee be waived; or

2.

The planning director determines that the waiver is in the public interest and that the waiver would further the intent of this article and underlying county programs, policies, plans, and regulations.

(Ord. 2000-25 (part), 1999)

(Ord. No. 2010-71, § 48, 12-21-10)

Article VIII - SC Districts

The district, hereinafter designated as combining SC (scenic corridor) district, is established to be combined with other districts containing lands located within scenic corridors as designated by the board of supervisors. The purpose of this article is to provide guidelines and approval procedures for the development and improvement of land within combining SC districts in unincorporated Alameda County.

(Ord. No. 2013-27, § 2, 7-16-13)

In a combining SC district all regulations shall remain the same as in the district with which it is combined except as to the matters hereinafter described.

(Ord. No. 2013-27, § 2, 7-16-13)

A.

All new development within the district shall comply with the provisions of this article; provided, however, that the following shall be exempt from compliance:

1.

Agricultural-related structures outside of the forty (40) foot roadway buffer.

2.

Single-family dwellings and manufactured homes on an existing lot of record where no increase in habitable floor space or building height is proposed.

3.

Developments existing on the effective date of this article, provided that expansions or additions to existing development on or after the effective date of this article shall be subject to compliance with these regulations.

B.

In the event of a conflict among the regulations in this article and those elsewhere in this code, the regulations in this article shall prevail. The provisions of this article shall also apply to projects undertaken by public agencies and special districts except for the maintenance of existing county public roads within existing rights-of-way.

C.

No permit or administrative or discretionary approval shall be issued to authorize any grading or earthmoving activity, including grading or earthmoving necessary to create or improve an existing driveway, road, or other access, or benches or shelves, if such earthmoving or grading would occur on slopes of fifteen (15) percent or more unless a variance has been granted in accordance with Sections 17.54.090 through 17.54.120. Agricultural roads subject to erosion control plans under Chapter 15.36 of this code shall not be subject to this requirement.

D.

All future building sites identified on a tentative parcel map, final map, or subdivision map shall be reviewed and conditions of approval established to ensure conformity with the purpose and intent of this article.

E.

Applications requiring the issuance of a conditional use permit, as required by this title, will be reviewed for their adherence to the requirements of this article during the application process for the issuance of the conditional use permit.

(Ord. No. 2013-27, § 2, 7-16-13)

17.30.220 - SC districts—Site development review—Procedures.

A.

Site development review pursuant to Section 17.54.210 is required for any project for which a building or grading permit is required.

B.

A site development review application shall be in the form specified by the county.

C.

Upon receipt of a site development review application, the planning department shall give notice of hearing shall be given pursuant to Section 17.54.830.

D.

The county planning commission shall hold public hearing and make a recommendation to the county board of supervisors regarding the site development Review application. The county board of supervisors shall hold a public hearing and render a decision on the application.

E.

In determining whether to grant or deny a site development review application, the planning commission and board of supervisors shall consider whether the proposed development complies with the development guidelines contained in Section 17.30.240.

F.

Prior to the issuance of a building permit for any project authorized under this section, the property owner shall execute and record in the county recorder's office a use restriction, in a form approved by the county, requiring structures, existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successor so as to maintain conformance with the written decision of the board of supervisors.

G.

The written decision of the board of supervisors is final and not administratively appealable. Following a final decision by the board of supervisors any concerned person may seek judicial review of the final decision to grant or deny a site development review application pursuant to California Code of Civil Procedure Section 1094.5, in conjunction with sections 1094.6 or 1094.8, as applicable.

(Ord. No. 2013-27, § 2, 7-16-13)

17.30.230 - SC districts—Site development review—Planning director review.

A.

If the planning director determines that the project cannot be viewed from any designated public road, because of its relationship to surrounding topography or existing vegetation, then the project shall be reviewed by the planning director in accordance with Section 17.54.210.

B.

The planning director shall hold a public hearing regarding a site development review application.

C.

The planning director shall not approve a project unless it complies with the development guidelines provided in Section 17.30.240.

D.

If the determination was made based on existing vegetation coverage, then the property owner, prior to the issuance of a building permit, shall be required to execute and record in the county recorder's office a use

restriction, in a form approved by county counsel, requiring that existing covering vegetation be maintained, or replaced with equivalent vegetation, by the owner or the owner's successors, so as to prevent the project from being viewed from any designated public road.

E.

Projects that do not satisfy the criteria and standards contained in Section 17.30.230A shall be subject to review and approval under Section 17.30.220.

(Ord. No. 2013-27, § 2, 7-16-13)

17.30.240 - SC districts—Development guidelines.

A.

Unless exempted as provided above in Section 17.30.210A, development or improvements within a combining SC district shall comply with the following guidelines:

1.

The design and location of each structure and any landscaping shall create a compatible visual relationship with surrounding development and with the natural terrain and vegetation. Road widths and road configurations should be considered as part of the development's design.

2.

Structures and landscaping shall be so located that each does not create a walled effect along the scenic corridor. The positioning of structures shall be varied in order to create a complimentary relationship between mass and void.

3.

All developments shall maintain a one hundred (100) foot setback for all structures and property improvements such as parking lots, except for approved road, driveway and utility crossings. Structures twenty (20) feet in height or less that otherwise have been found consistent with this article may be located within the one hundred (100) foot setback.

4.

A roadway buffer of at least forty (40) feet shall be provided within the required development setback, abutting the right-of-way of the scenic corridor. Where existing trees and significant vegetation exist within the roadway buffer, they shall be retained as determined appropriate and directed by the county. Vegetation within a roadway buffer that is required to remain within a roadway buffer may be pruned or removed only if necessary to ensure proper sight visibility, remove safety hazards or dying or diseased vegetation, or for other good cause as approved by the county.

5.

Existing topography, vegetation, and scenic features of the site shall be retained and incorporated into the proposed development wherever possible. Manmade structures, as a visual element in the scenic corridor,

should be secondary in importance to natural growth.

6.

Each structure or feature reviewable under this article shall be limited in scale and siting to reduce visual dominance or obstruction of existing landforms, vegetation, water bodies, and adjoining structures.

7.

Each structure shall be constructed, painted, and maintained, and all planted material shall be planted and maintained to complement and enhance scenic views and the natural landscape.

8.

Unnatural and conflicting aesthetic elements shall be eliminated to the extent feasible consistent with safety requirements. Where it is not possible to locate such a feature out of view, it must be located in an area so as to minimize visibility from a scenic corridor or screened from view by planting, fence wall, or berm. Where the screen consists of a fence, wall, or berm, it may not be higher than six feet. Screening shall consist of primarily natural materials rather than solid fencing. Preference shall be given to vegetation in conjunction with a low earth berm.

9.

Lighting shall be directed on site and compatible in type, style, and intensity to the surrounding elements and not cause undue or aggravating disruption, glare, or brightness.

10.

Grading or earth-moving shall be planned and executed in such manner that final contours appear consistent with a natural appearing terrain. Finished contours shall be planted with plant materials native to the area so that minimum care is required and the material is visually compatible with the existing ground cover.

11.

A road pattern or characteristics of any road pattern proposed as part of a development shall be designed and constructed to contribute to the scenic character of the landscape in view. New roads and driveways constructed within the scenic corridor shall not be dominant visually and there should be only a minimal amount of road in view within the roadway buffer.

12.

The number of access points to and from the scenic corridor shall be minimized consistent with safety and circulation needs.

13.

Parking on the scenic corridor roadways should be minimized.

No Advertising signs shall be permitted.

15.

All utility lines improved or installed in order to directly serve uses proposed or developed within the scenic corridor, including electric, telephone, data, and cable television, shall be installed underground within the roadway buffer and development setback area. Underground utility trenches must be revegetated. Utility boxes and cabinets that are now or must, by necessity, be located above ground must be shielded from view from the scenic corridor with existing vegetation or revegetation. Any above-ground boxes that cannot be buried shall, in addition to being screened by vegetation, be painted a neutral or earth tone color or otherwise made to blend in with their surroundings.

16.

All development shall be consistent with the Alameda County general plan.

B.

Violations of this section shall be subject to enforcement, penalties, and abatement under Chapters 17.58 and 17.59 of this title.

(Ord. No. 2013-27, § 2, 7-16-13)

Chapter 17.31 - HOUSING ELEMENT OVERLAY AND COMBINING DISTRICT

Sections:

The district, designated as the housing element (HE) zoning overlay district, is established to be combined with other districts to provide permit streamlining, incentivize the production of housing at all income levels, and to allow for variations in the intensity of development. The HE district is aligned with the base district per the density permitted by general plans, specific plans and/or zoning. The purpose of this Chapter 17.31 is to provide guidelines and approval procedures for the development and improvement of land within HE districts in unincorporated Alameda County.

(Ord. No. 2024-41, § 2, 12-17-24)

The HE district map shows all the overlay parcels and designates the maximum density which shall then determine the applicable development standards and objective design standards described in Table 1 below, Section 17.31.050, review process and procedure. The map also depicts those sites identified for low-income households, and the provisions of subsections 17.31.040(C) and 17.31.040(F) shall apply on these sites.

(Ord. No. 2024-41, § 2, 12-17-24)

The HE district regulations shall apply to all parcels identified in the adopted housing element zoning overlay district map (as amended).

(Ord. No. 2024-41, § 2, 12-17-24)

A.

In a combining HE district all regulations shall remain the same as in the base district with which the HE district is combined except as to the matters described in this Chapter 17.31. In the case of any conflict the HE district regulations shall govern over the base district regulations.

B.

Parcels within the HE district shall benefit from permit streamlining and, in many cases, ministerial approval.

C.

For parcels designated "low income" or "mixed income" in the 6[th ] cycle housing element, by-right approval shall be given to owner-occupied and rental multi-family projects in which twenty (20) percent or more of the units are affordable to lower-income households. In addition, all HE district sites intended to accommodate lower-income households are required to build to a minimum density of at least twenty (20) dwelling units per acre.

D.

All sites in the HE district shall be deemed to have building site status, conforming lot dimensions (frontage, depth, width) and to meet minimum building site size, regardless of the zoning or specific plan district in which they are located.

E.

All sites in the HE district shall allow residential uses as a primary use. The primary residential use can be, but is not required to be, combined with a secondary commercial use if the underlying zoning district allows such commercial use.

F.

For any mixed-use project sites identified in the sites inventory for "low income" and "mixed income" units, residential use is required of at least fifty (50) percent of the total floor area on these sites.

G.

In the case of a subdivision into fee simple parcels, stock cooperative or condominium units, compliance with Title 16 of the county zoning code shall be required, in addition to any HE district requirements.

(Ord. No. 2024-41, § 2, 12-17-24)

For all residential or mixed-use projects proposed in the HE overlay district, the following table shall be used to determine the applicable zoning standards, objective design standards, planning permit required, and approval procedure. The density of the project is the basis for review.

Table 1

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.060 - Procedures and permit streamlining.

A.

As described in Table 1 in Section 17.31.050 above, projects shall be approved using either a ministerial or discretionary process. Ministerial approval is by-right approval that requires no personal judgment or discretion from the approving authority. The discretionary process is as outlined in Section 17.54.210, site development review.

B.

For all density ranges below nine dwelling units per acre (single family density) projects follow the base zoning or specific plan standards and shall be ministerially approved with no hearing.

C.

For all density ranges above nine dwelling units per acre projects must utilize the county's "checklists for residential development" (as they may be amended) to demonstrate compliance with objective standards that can result in a ministerial approval. Ministerial projects are limited in the number of required hearings, as described in Table 1 in Section 17.31.050 above, and hearings at the municipal advisory councils are only informational, to provide review of objective zoning and design standards only.

D.

Projects that require a site development review are limited in the number of required hearings as described in Table 1 in Section 17.31.050 above. These hearings at the municipal advisory councils shall be action items.

E.

After the conclusion of the required number of ministerial hearings described in Table 1 in Section 17.31.050 above the project is deemed approved. A project manager from the planning department will be assigned to facilitate the permit process.

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.070 - Development standards.

As described in Table 1 in Section 17.31.050 above, development standards shall be determined by the density range that best corresponds to the building type identified in the "checklist for residential development." In no case shall projects exceed the HE overlay density maximum, except as allowed by state law. Minor variations between residential design and objective standards categories may be allowed as determined by the planning director.

(Ord. No. 2024-41, § 2, 12-17-24)

To facilitate projects achieving maximum densities within the HE overlay, an administrative modification is available. Administrative modification is a no-cost request to modify development standards. It applies to lot dimensions, height, setbacks, open space, landscaping and parking. administrative modification is available to applicants and projects covered under Section 17.31.030, applicability, and can only be appealed under findings of adverse specific impact described in the Housing Accountability Act (Government Code Section 65589.5(a)(3)).

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.090 - Required parking spaces.

A.

Project Parking. HE overlay projects in zoning districts based on the single-family R-1 districts (base districts) shall follow zoning or specific plan parking requirements, which normally require more than one parking space per unit. HE overlay projects with proximity to transit stations or stops may have reduced parking requirements based on applicable state law. In all other cases the maximum parking requirement shall not exceed:

1.

Studio units: One parking space per unit

2.

One-bedroom units: One and one-half parking spaces per unit

3.

Two-bedroom or more units: Two parking spaces per unit, one of which can be tandem and/or uncovered

B.

Guest Parking. HE overlay projects in zoning districts based on the single-family R-1 districts (base districts) shall follow zoning or specific plan requirements for guest parking. In all other cases the guest parking requirement shall not exceed .25 parking spaces per unit.

C.

In no case shall the parking requirement for HE overlay projects above nine dwelling units per acre exceed 2.25 per unit, inclusive of guest parking.

(Ord. No. 2024-41, § 2, 12-17-24)

The planning department shall include in the annual general plan report to the board of supervisors, or no more than two times per calendar year, as needed, a review of the housing element overlay, including information to address RHNA compliance/no net loss and recommended additions to or deletions from the HE overlay combining district.

(Ord. No. 2024-41, § 2, 12-17-24)

The housing element (HE) district overlay shall sunset upon adoption by the board of supervisors of the 7[th] cycle housing element.

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.120 - Housing element zoning districts—Purpose.

The purpose of Sections 17.31.120 through 17.31.260 is to implement the policy action items of the 20232031 housing element of the Alameda County General Plan. The properties designated within the zoning districts in these sections shall be located in the housing element (HE) zoning overlay combining district. Residential and mixed-use residential development that meets 2023-2031 housing element goals and policies shall be subject to the general provisions, process and procedures, permit streamlining, development standards, administrative modification processes, and parking space standards listed in Sections 17.31.010 through 17.31.090 of this chapter.

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.130 - Housing element districts—Reference to residential design standards and guidelines.

Residential development and mixed-use residential development within the housing element combining zoning districts shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.260 shall apply.

(Ord. No. 2024-41, § 2, 12-17-24)

A.

The neighborhood Commercial 60 (CN-60-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential and mixed-use residential development in the CN zoning district (base district) while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2.

For construction of more than ten primary dwelling units;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses.

1.

Uses listed as permitted in Section 17.36.020, permitted uses.

2.

Residential uses and residential accessory structures and uses.

3.

Mixed-use residential uses.

D.

Conditional Uses. Uses listed as conditionally permitted in Section 17.36.030, conditional uses.

E.

Floor Area Ratio.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the Castro Valley Commercial Business District (CVCBD) specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

F.

Lot Coverage.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

G.

Residential Density. Thirty (30) dwelling units per net acre minimum and sixty (60) dwelling units per net acre maximum.

H.

Building Site.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

I.

Yards.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD land use group E development type.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

J.

Height of Buildings.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

K.

Parking.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: As listed in Chapter 17.52, general requirements, as modified by the residential design standards and guidelines.

L.

Other Regulations.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

(Ord. No. 2024-41, § 2, 12-17-24)

A.

The retail business 22 (C1-22-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential and mixed-use residential development in the C1 zoning district (base district) while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2.

For construction of more than ten primary dwelling units;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses.

1.

Uses listed as permitted in Section 17.38.020, permitted uses;

2.

Residential uses and residential accessory structures and uses;

3.

Mixed-use residential uses.

D.

Conditional Uses. Uses listed as conditionally permitted in Section 17.38.025, conditional uses—planning commission, and in Section 17.38.030, conditional uses—board of zoning adjustments.

E.

Floor Area Ratio.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a density range of 17.4 to 21.8 dwelling units per acre.

3.

For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

F.

Lot Coverage.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a density range of 17.4 to 21.8 dwelling units per acre.

3.

For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

G.

Residential Density. Ten dwelling units per net acre minimum and twenty-two (22) dwelling units per net acre maximum

H.

Building Site.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3.

For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

I.

Yards.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for

the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3.

For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

J.

Height of Buildings.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3.

For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

K.

Parking.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3.

For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

L.

Other Regulations.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the medium density residential R-S-D20 development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan, land use group D (high density residential) development type at a range of 17.4 to 21.8 dwelling units per acre.

3.

For non-residential development: Development regulations as listed in Chapter 17.38, C-1 districts.

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.160 - Community commercial 60 (CC-60-HE).

A.

The community commercial 60 (CC-60-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential and mixed-use residential development in the CC zoning district (base district) while continuing to maintain existing Permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2.

For construction of over ten primary dwelling units;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses.

1.

Uses listed as permitted in subsection 17.51.050(B), permitted uses;

2.

Residential uses and residential accessory structures and uses;

3.

Mixed-use residential uses.

D.

Conditional Uses. Uses listed as conditionally permitted in subsection 17.51.050(C), conditional uses.

E.

Floor Area Ratio.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan, land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in subsection 17.51.050(D), floor area ratio.

F.

Lot Coverage.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

G.

Residential Density. Thirty (30) dwelling units per net acre minimum and sixty (60) dwelling units per net acre maximum.

H.

Building Site.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

I.

Yards.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for

the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

J.

Height of Buildings.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

K.

Parking.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

L.

Other Regulations.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type.

2.

For mixed-use residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the residential mixed-use standards for the CVCBD specific plan land use group E development type.

3.

For non-residential development: Development regulations as listed in Section 17.51.050, community commercial districts.

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.170 - Neighborhood commercial medium high density residential 43 (CN-MHDR-43-HE).

A.

The neighborhood commercial medium high density residential 43 (CN-MHDR-43-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential and mixeduse residential development in the CN zoning district (base district) designation while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2.

For construction of more than ten primary dwelling units;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses.

1.

Uses listed as permitted in Section 17.36.020, permitted uses;

2.

Residential uses and residential accessory structures and uses;

3.

Mixed-use residential uses.

D.

Conditional Uses. Uses listed as conditionally permitted in section 17.36.030, conditional uses.

E.

Floor Area Ratio.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2.

For mixed-use residential development: Development regulations as listed separately as follows:

a.

For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b.

For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

F.

Lot Coverage.

1.

For residential development: Development regulations as listed in for residential development: development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2.

For mixed-use residential development: Development regulations as listed separately as follows:

a.

For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b.

For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

G.

Residential Density. Twenty-two (22) dwelling units per net acre minimum and forty-three (43) dwelling units per net acre maximum.

H.

Building Site.

1.

For residential development: Development regulations as listed in for residential development: development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2.

For mixed-use residential development: Development regulations as listed separately as follows:

a.

For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b.

For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

I.

Yards.

1.

For residential development: Development regulations as listed in for residential development: development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2.

For mixed-use residential development: Development regulations as listed separately as follows:

a.

For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b.

For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

J.

Height of Buildings.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2.

For mixed-use residential development: Development regulations as listed separately as follows:

a.

For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b.

For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

K.

Parking.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

2.

For mixed-use residential development: Development regulations as listed separately as follows:

a.

For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b.

For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

L.

Other Regulations.

1.

For residential development: Development regulations as listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type.

For mixed-use residential development: Development regulations as listed separately as follows:

a.

For the residential portion, those development regulations listed in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type;

b.

For the non-residential portion, those development regulations listed in Chapter 17.36, C-N districts.

3.

For non-residential development: Development regulations as listed in Chapter 17.36, C-N districts.

(Ord. No. 2024-41, § 2, 12-17-24)

A.

The residential 60 (R-60-HE) housing element overlay combining zoning district established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction of more than ten primary dwelling units;

2.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

3.

Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses.

D.

Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

E.

Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments.

F.

Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential for the CVCBD specific plan land use group E development type for residential uses only. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the respective regulations in Sections 17.31.120 through 17.31.260 shall apply.

G.

Residential Density. Thirty (30) dwelling units per net acre minimum and sixty (60) dwelling units per net acre maximum.

H.

Other Regulations. Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the CVCBD land use group E development type for residential uses only. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.260 shall apply.

(Ord. No. 2024-41, § 2, 12-17-24)

A.

The residential low medium density 22 (RLM-22-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area of existing permitted or conditionally permitted uses;

Construction of more than ten primary dwelling units;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses.

1.

Uses listed as permitted in subsection 17.51.090(B), permitted uses.

2.

Residential uses and residential accessory structures and uses.

D.

Conditional Uses. Uses listed as conditionally permitted in subsection 17.51.090(C), conditional uses.

E.

Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) development type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.260 shall apply.

F.

Residential Density. Eighteen (18) dwelling units per net acre minimum and twenty-two (22) dwelling units per net acre maximum.

G.

Other Regulations.

1.

Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) development type. On matters not provided for in

the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the respective regulations in this zoning ordinance shall apply.

2.

Non-residential development shall be subject to the development regulations of the Section 17.51.090.

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.200 - Residential medium density family 29 (RMF-29-HE).

A.

The residential medium density family 29 (RMF-29-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development, and to support medium density multi-family residential development in Castro Valley. The RMF-29-HE district (base district) implements and is consistent with the residential medium density multifamily land use classification of the Castro Valley General Plan.

B.

Site Development Review. Site development review shall be required for:

1.

Construction of more than ten primary dwelling units;

2.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

3.

Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses. Uses listed as permitted in subsection 17.51.030(C), permitted uses

D.

Conditional Uses—Planning Commission. Uses listed as conditionally permitted in subsection 17.51.30(D), conditional uses—planning commission.

E.

Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in subsection 17.51.30(E), conditional uses—board of zoning adjustments.

F.

Residential Density. Twenty-two (22) dwelling units per net acre minimum and twenty-nine (29) dwelling units per net acre maximum.

G.

Design Standards and Guidelines.

1.

Residential projects within the RMF-29-HE districts are subject to the development regulations in Section 17.51.030, residential medium density family district, as amended.

2.

On matters not provided for in Section 17.51.030, the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) and the suburban residence one thousand five hundred (1,500) square feet per dwelling unit (R-S-D-15) development types, shall apply as applicable based on the proposed building type.

3.

For the residential design standards and the requirements for which Section 17.51.030 is silent the residential design guidelines applicable to the proposed building type apply.

(Ord. No. 2024-41, § 2, 12-17-24)

A.

The residential small lot 17 (RSL-17-HE) housing element overlay combining zoning district is established with the intent to support infill projects of duplexes, small lot single-family detached units, and townhouses. The RSL district implements and is consistent with the residential small lot land use classification of the Castro Valley General Plan.

B.

Site Development Review. Site development review shall be required for:

1.

Construction of more than ten primary dwelling units;

2.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses. Uses listed as permitted in subsection 17.51.020(C), permitted uses.

D.

Conditional Uses—Planning Commission. Uses listed as conditionally permitted in subsection 17.51.020(D), conditional uses.

E.

Residential Density. Eight dwelling units per net acre minimum and seventeen (17) dwelling units per net acre maximum.

F.

Design Standards and Guidelines.

1.

Residential projects within the RSL-17-HE districts are subject to the development regulations in Section 17.51.020, residential small lot districts, as amended.

2.

On matters not provided for in Section 17.51.020, the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence three thousand five hundred (3,500) square feet per dwelling unit (R-S-D-35) and the suburban residence two thousand five hundred (2,500) square feet per dwelling unit (R-S-D-25) development types shall apply based on the proposed building type.

3.

For the residential design standards and the requirements for which Section 17.51.020 is silent, the residential design guidelines applicable to the proposed building type apply.

(Ord. No. 2024-41, § 2, 12-17-24)

A.

The residential suburban 22 (RS-22-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area of existing permitted or conditionally permitted uses;

2.

Construction of more than ten primary dwelling units;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses. Uses listed as permitted in Section 17.12.030, permitted uses.

D.

Conditional Uses. Uses listed as conditionally permitted in Section 17.12.035, conditional uses—planning commission.

E.

Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.12.040, conditional uses—board of zoning adjustments.

F.

Residential development shall be subject to the ["Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County,"] as amended, for the suburban residence three thousand five hundred (3,500) square feet per dwelling unit (R-S-D-35) and the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) development types, as applicable based on the proposed building type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.130 through 17.31.260 shall apply.

G.

Residential Density. Ten dwelling units per net acre minimum and twenty-two (22) dwelling units per net acre maximum.

H.

Other regulations.

1.

Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the suburban residence three thousand five hundred (3,500) square feet per dwelling unit (R-S-D-35) and the suburban residence two thousand (2,000) square feet per dwelling unit (R-S-D-20) development types, as applicable based on the proposed building type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.250 shall apply.

2.

Non-residential development shall be subject to the development regulations of the Chapter 17.12.

(Ord. No. 2024-41, § 2, 12-17-24)

A.

The medium high density residential 43 (MHDR-43-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2.

For construction of more than ten primary dwelling units;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses.

D.

Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

E.

Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments.

F.

Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.120 through 17.31.250 shall apply.

G.

Residential Density. Twenty-two (22) dwelling units per net acre minimum and forty-three (43) dwelling units per net acre maximum.

H.

Other regulations.

1.

Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, for the high density residential R-4 development type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, the regulations in Sections 17.31.130 through 17.31.260 shall apply.

2.

Non-residential development shall be subject to the development regulations of Chapter 17.16.

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.240 - High density residential 86 (HDR-86-HE).

A.

The high density residential 86 (HDR-86-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2.

For construction of more than ten primary dwelling units;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses.

D.

Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

E.

Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments.

F.

Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, Chapter 6 "Standards that Apply to All or Some Development Projects with Residential Uses," Chapter 7 "Definitions and Rules of Measurement," and Chapter 8 "Residential and Mixed-Use Residential Objective Standards." On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, or where there is a conflict with the regulations in this zoning district, the regulations in subdivisions (G) and (H) of this Section 17.31.240 shall apply.

G.

Residential Density. Forty-three (43) dwelling units per net acre minimum and eighty-six (86) dwelling units per net acre maximum.

H.

Other regulations.

1.

Residential development shall be subject to the following regulations:

a.

Height: Five stories maximum (two additional stories allowed with a conditional use permit); seventy-five (75) feet height maximum (roofs, rooftop decks, and rooftop equipment may encroach above maximum height up to four feet).

b.

Setbacks:

i.

Front yard: Twenty (20) feet minimum—may be modified if project design follows the development regulations of the Ashland and Cherryland business districts specific plan, Section 6.3.8 "terrace" development, or Section 6.3.10 "stoop" development, in which case the frontage development standard and design regulations shall apply per Section 6.3.8 "terrace" development, or Section 6.3.10 "stoop" development, respectively.

ii.

Rear yard: Twenty (20) feet minimum.

iii.

Street side yard: Ten feet minimum.

iv.

Interior side yard: Ten feet minimum.

c.

Lot coverage: Ninety (90) percent maximum.

d.

Floor area ratio: 0.5 minimum (applies only to lots fifty (50) feet wide, or wider) and 2.5 maximum.

e.

Open space per unit: Fifty (50) square feet minimum, at a minimum dimension of five feet.

f.

On-site common useable open space: Required for ten or more primary dwelling units at one thousand (1,000) square feet minimum, no less than one hundred (100) square feet per unit, at a minimum dimension of twenty-five (25) feet.

g.

Site landscaping shall occupy a minimum fifteen (15) percent of project site.

h.

There shall be no minimum tree canopy shading requirements of on-site parking or vehicular access.

i.

On-site parking:

i.

A minimum of one on-site parking space per dwelling unit is required;

ii.

If parking is provided: At least one car-share parking space must be designated in new residential developments that offer more than ten private car parking spaces; two car-share parking spaces must be provided in developments with more than thirty (30) private car parking spaces;

iii.

Shared or unbundled vehicle parking is allowed (neither prohibited nor required);

iv.

Minimum secured bicycle parking: One space per primary dwelling unit minimum;

v.

Parking regulations for residential development, as listed in the Ashland and Cherryland business districts specific plan Section 6.4.1.2, general parking standards, shall be applicable for residential development subject to this Section 17.31.250.

j.

Percent of lot width occupied by allowed frontage, or combination of frontages: Seventy (70) percent minimum.

k.

Allowable encroachments into setbacks (applies to encroachments of architectural features, balconies, decks, bay windows, etc.):

i.

Into front yard setback: Two feet

ii.

Into street side or rear yard setbacks: Four feet

2.

Non-residential development shall be subject to the development regulations of Chapter 17.16.

3.

Accessory structures, buildings, and uses, and on-site landscaping, shall be subject to applicable development regulations of this title.

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.250 - High density residential 100 (HDR-100-HE).

A.

The high density residential 86 (HDR-86-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

1.

Construction or remodel of one thousand (1,000) square feet or more of non-residential floor area;

2.

For construction of more than ten primary dwelling units;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay combining district shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses.

D.

Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

E.

Conditional Uses—Board of Zoning Adjustments. Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments.

F.

Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, Chapter 6 "Standards that Apply to All or Some Development Projects with Residential Uses," Chapter 7 "Definitions and Rules of Measurement," and Chapter 8 "Residential and Mixed-Use Residential Objective Standards." On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, or where there is a conflict with the regulations in this zoning district, the regulations in subdivisions (G) and (H) of this Section 17.31.260 shall apply.

G.

Residential Density. Eighty-six (86) dwelling units per net acre minimum and one hundred (100) dwelling units per net acre maximum.

H.

Other Regulations.

1.

Residential development shall be subject to the following regulations:

a.

Height: Seven stories maximum; seventy-five (75) feet height maximum (roofs, rooftop decks, and rooftop equipment may encroach above maximum height up to four feet).

b.

Setbacks:

i.

Front yard: Twenty (20) feet minimum—may be modified if project design follows the development regulations of the Ashland and Cherryland business districts specific plan, Section 6.3.8 "terrace" development, or Section 6.3.10 "stoop" development, in which case the frontage development standard and design regulations shall apply per Section 6.3.8 "terrace" development, or Section 6.3.10 "stoop" development, respectively.

ii.

Rear yard: Twenty (20) feet minimum.

iii.

Street side yard: Ten (10) feet minimum.

iv.

Interior side yard: Ten (10) feet minimum.

c.

Lot coverage: Ninety (90) percent maximum.

d.

Floor area ratio: 0.5 Minimum (applies only to lots fifty (50) feet wide, or wider) and 3.0 maximum.

e.

On-site common useable open space: required for ten or more primary dwelling units at one thousand (1,000) square feet minimum, no less than one hundred (100) square feet per unit, at a minimum dimension of twenty-five (25) feet.

f.

Site landscaping shall occupy a minimum fifteen (15) percent of project site.

g.

There shall be no minimum tree canopy shading requirements of on-site parking or vehicular access.

h.

On-site parking:

i.

A minimum of one on-site parking space per dwelling unit is required;

ii.

If parking is provided: At least one car-share parking space must be designated in new residential developments that offer more than ten private car parking spaces; two car-share parking spaces must be provided in developments with more than thirty (30) private car parking spaces;

iii.

Shared or unbundled vehicle parking is allowed (neither prohibited nor required);

iv.

Minimum secured bicycle parking: One space per primary dwelling unit minimum;

v.

Parking regulations for residential development as listed in the Ashland and Cherryland business districts specific plan section 6.4.1.2, general parking standards, shall be applicable for residential development subject to this Section 17.31.250.

i.

Percent of lot width occupied by allowed frontage, or combination of frontages: Seventy (70) percent minimum.

j.

Allowable encroachments into setbacks (applies to encroachments of architectural features, balconies, decks, bay windows, etc.):

i.

Into front yard setback: Two feet

ii.

Into street side or rear yard setbacks: Four feet.

2.

Non-residential development shall be subject to the development regulations of Chapter 17.16.

3.

Accessory structures, buildings, and uses, and on-site landscaping, shall be subject to the regulations in Sections 17.31.120 through 17.31.260.

(Ord. No. 2024-41, § 2, 12-17-24)

17.31.260 - Bay Fair Transit Area high density residential 125 general commercial (BTA-HDR-125-GC-HE).

A.

The Bay Fair Transit Area high density residential 125 general commercial (BTA-HDR-125-GC-HE) housing element overlay combining zoning district is established with the intent to permit multi-family residential development while continuing to maintain existing permitted and conditionally permitted uses as legally conforming.

B.

Site Development Review. Site development review shall be required for:

Any construction of more than ten primary residential dwelling units if the new construction is not affordable housing;

2.

Remodel of one thousand (1,000) square feet or more of non-residential floor area;

3.

Remodel of over fifty (50) percent of the existing exterior volume of the total number of primary dwelling units; or

4.

Development subject to the housing element overlay district and shall be reviewed under the procedures set forth in Sections 17.31.010 through 17.31.090 of this chapter.

C.

Streamlined site development review may be granted for new affordable housing construction if the development complies with the following criteria:

1.

Satisfies the requirements of Senate Bill 35 (2017, Weiner)[Government Code Section 65913.4]:

a.

The project is at least fifty (50) percent residential;

b.

A minimum of twenty (20) percent of proposed housing is affordable to low- or very low-income households;

c.

The height is within one story of the tallest approved height within a radius of ½ mile; and

d.

The construction plan meets required labor standards described in the bill.

2.

Is located in the housing element overlay combining district;

3.

Development standards are met in the BTA-HDR-125-GC-HE zoning district; and

Development complies with the objective residential design standards.

D.

Permitted Uses. Uses listed as permitted in Section 17.16.020, permitted uses, and in Section 17.36.020, permitted uses.

1.

Restaurants and cafes may include outdoor dining;

2.

Retail uses that do not sell or dispense alcoholic beverages may include outdoor display.

E.

Conditional Uses—Planning Commission. Uses listed as conditionally permitted in Section 17.16.025, conditional uses—planning commission.

F.

Conditional Uses—Board of Zoning Adjustments.

1.

Uses listed as conditionally permitted in Section 17.16.030, conditional uses—board of zoning adjustments;

2.

Public utility substation, not including service yard, storage of materials, or vehicles, or repair facilities;

3.

Commercial parking lot;

4.

Commercial parking garage;

5.

Alcohol outlet;

6.

Indoor recreation facility.

G.

Residential development shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, Chapter 6 "Standards that Apply to All or Some Development Projects with Residential Uses," Chapter 7 "Definitions and Rules of Measurement," and Chapter 8 "Residential and Mixed-Use Residential Objective Standards." On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, or where there is a conflict with the regulations in this zoning district, the regulations in subdivisions (H) and (I) of this Section 17.31.260 shall apply.

H.

Residential Density. Seventy-five (75) dwelling units per net acre minimum and one hundred twenty-five (125) dwelling units per net acre maximum.

I.

Other Regulations.

1.

Residential development shall be subject to the following regulations:

a.

Height: Seven stories maximum; seventy-five (75) feet height maximum (roofs, rooftop decks, and rooftop equipment may encroach above maximum height up to four feet).

b.

Setbacks:

i.

Front yard: Project development shall follow the development regulations of the Ashland and Cherryland business districts specific plan, per one or more of the following sections:

(A)

Section 6.3.6 "shop front and awning" development;

(B)

Section 6.3.7 "forecourt" development;

(C)

Section 6.3.8 "terrace" development;

(D)

Section 6.3.10 "stoop" development.

ii.

Rear yard: Five feet, or fifteen (15) feet minimum if adjacent to residential

iii.

Street side yard: Five feet minimum

iv.

Interior side yard: Zero feet minimum.

c.

Lot coverage: Ninety (90) percent maximum.

d.

Floor area ratio: 0.5 minimum (applies only to lots fifty (50) feet wide, or wider) and 3.5 maximum.

e.

Ground floor height: Fifteen (15) feet minimum for non-residential use on ground floor.

f.

Upper floor(s) height: Ten feet minimum.

g.

On-site common useable open space: Required for ten or more primary dwelling units at one thousand (1,000) square feet minimum, no less than one hundred (100) square feet per unit, at a minimum dimension of 25 feet.

h.

Site landscaping shall occupy a minimum fifteen (15) percent of project site.

i.

There shall be no minimum tree canopy shading requirements of on-site parking or vehicular access.

j.

On-site parking:

i.

For residential uses: A maximum of one on-site vehicle parking space per primary dwelling unit is allowed;

ii.

For non-residential uses: No minimum vehicle parking is required; maximum 2.5 parking spaces per one thousand (1,000) square feet;

iii.

If parking is provided: At least one car-share parking space must be designated in new residential developments that offer more than ten private car parking spaces; two car-share parking spaces must be provided in developments with more than thirty (30) private car parking spaces;

iv.

Shared or unbundled vehicle parking is allowed;

v.

For residential uses: A minimum of one secured bicycle parking space per primary dwelling unit;

vi.

Parking regulations for residential development as listed in the Ashland and Cherryland business districts specific plan section 6.4.1.2, general parking standards, shall be applicable for residential development subject to this Section 17.31.260.

k.

Percent of lot width occupied by allowed frontage, or combination of frontages: Seventy (70) percent minimum.

l.

Allowable encroachments into setbacks (applies to encroachments of architectural features, balconies, decks, bay windows, etc.):

i.

Into front yard setback: Two feet.

ii.

Into street side or rear yard setbacks: Four feet.

2.

Non-residential development shall be subject to the development regulations of Chapter 17.16.

3.

Accessory structures, buildings, and uses, and on-site landscaping, shall be subject to the applicable development regulations in Sections 17.31.120 through 17.31.260.

(Ord. No. 2024-41, § 2, 12-17-24)

Chapter 17.32 - H-1 DISTRICTS

Sections:

Highway frontage districts, hereinafter designated as H-1 districts, are established to protect selected areas adjacent to major routes for travel for highway oriented types of business use, so regulated as to prevent the impairment of safe and efficient movement of traffic, and to encourage development attractive to the traveling public, and compatible with adjacent agricultural and residential land uses, by provision of space for landscaping and for adequate off-street parking facilities.

(Prior gen. code § 8-45.0)

The following principal uses are permitted in an H-1 district, subject to site development review:

A.

Restaurant, except a drive-in restaurant.

(Ord. 96-15 § 1 (part); prior gen. code § 8-45.1)

The following are conditional uses and shall be permitted in an H-1 district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.32.010:

A.

Adult entertainment activity provided, however, that no adult entertainment activity shall be located closer than one thousand (1,000) feet to the boundary of any residential zone or closer than one thousand (1,000) feet to any other adult entertainment activity.

(Ord. 2000-53 § 1 (part))

(Ord. No. 2010-71, § 49, 12-21-10)

The following are conditional uses in H-1 districts, and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Retail store for the sale of gifts and supplies oriented to the needs of the patrons of hotels, motels and restaurants and of highway travelers;

B.

Commercial recreation facilities, if within an enclosed building;

C.

Plant nursery, greenhouse;

D.

Parking lot;

E.

Drive-in theater, drive-in business;

F.

Service station, Type A and Type B;

G.

Motel, hotel;

H.

Recreational vehicle park, as regulated by Chapter 17.52 of this title;

I.

Boat and recreational vehicle storage yard;

J.

Alcohol outlet;

K.

Mobile outdoor businesses that directly serves the needs of the occupants, workers, patrons, or clients of existing businesses in the immediate vicinity;

L.

Tavern.

(Ord. 2008-33 § 2: Ord. 2002-60 (part); Ord. 2000-53 § 1 (part); Ord. 96-15 § 1 (part); prior gen. code § 8- 45.2)

(Ord. No. 2010-71, § 50, 12-21-10)

17.32.040 - Accessory uses.

In an H-1 district, personal service shops or stores are permitted when accessory to a motel or a hotel.

(Prior gen. code § 8-45.3)

Except as otherwise specified in the case of a combining district and except for recreational vehicle parks as regulated by Chapter 17.52 of this title, every use in an H-1 district shall be on a building site having an area not less than ten thousand (10,000) square feet and an effective lot frontage not less than seventy (70) feet.

(Prior gen. code § 8-45.4)

17.32.060 - Yards.

Except where a greater depth or width is required in the case of a combining district, the yard requirements in H-1 districts shall be as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: Not less than twenty-five (25) feet;

B.

Depth of rear yard: Not less than twenty (20) feet;

C.

Width of side yard: Not less than five feet.

Provided however that the side yard on the street side of a corner lot shall have a width not less than fifteen (15) feet and that any side yard which abuts a lot in an R district shall have a width not less than that required in such R district.

(Prior gen. code § 8-45.5)

(Ord. No. 2010-71, § 51, 12-21-10)

17.32.070 - Height of building.

No building or structure in an H-1 district shall have a height in excess of thirty-five (35) feet, except as provided by Section 17.52.090.

(Prior gen. code § 8-45.6)

In H-1 districts, the aggregate ground coverage, calculated as provided in Section 17.52.380, shall not exceed forty (40) percent of the area of the lot. All open portions of the lot shall be graded and drained to standards approved by the planning commission and maintained in a dust-free condition. All parking areas and driveways shall be paved to standards approved by the planning commission.

(Prior gen. code § 8-45.7)

All uses in H-1 districts shall conform to the performance standards of this title for M-P districts as set forth in Section 17.42.020.

(Prior gen. code § 8-45.9)

Chapter 17.34 - C-O DISTRICTS

Sections:

Administrative office districts, hereinafter designated as C-O districts, are established to provide for the location of offices for professional services and for business activities which are characterized by a low volume of direct consumer contact; and to encourage such development in a manner compatible with the uses in adjacent districts, with suitable open spaces, landscaping, and parking area. In Castro Valley (areas within the Castro Valley Urbanized Area), this also includes retail, service, and small scale production uses. C-O districts are typically situated in areas having convenient access from, but not directly on, main thoroughfares, and generally adjacent to a multiple residential development.

(Prior gen. code § 8-46.0)

(Ord. No. 2010-71, § 52, 12-21-10; Ord. No. 2020-66, § 9, 12-15-20)

17.34.020 - Permitted uses.

The following principal uses are permitted in a C-O district when located within a building:

A.

Office or office building for the conduct of business, administrative or professional services, where these activities do not include the manufacture, storage, display except samples, or sale at retail of any merchandise on the premises; including but not limited to the following types of office occupancy: Accountant, advertising, architect, attorney, broker (stock and bond), business consultant, business management, chiropodist, chiropractor, collecting agency, dentist, employment agency, engineer, finance, industrial management, insurance, landscape architect, loan agency, mortgage, optometrist, osteopath, philanthropic or charitable organization, physician, public utilities, real estate, sales representative, secretarial, social services, telephone answering, travel agent;

B.

Bank;

C.

Blue printing or other copying service;

D.

Medical laboratory, dental laboratory; and

E.

In Castro Valley (areas within the Castro Valley Urbanized Area), in addition to uses listed above, the following are also permitted:

1.

Personal service and retail uses permitted in the C-N Zone (see subsections 17.36.020(A) and (B)).

2.

Day care center subject to Section 17.52.1330 (Day Care Center in Castro Valley).

3.

Artisan/maker space.

(Ord. 2006-33 § 3 (part): Prior gen. code § 8-46.1)

(Ord. No. 2010-71, § 53, 12-21-10; Ord. No. 2020-66, § 9, 12-15-20)

17.34.025 - Conditional uses—Planning commission.

The following are conditional uses and shall be permitted in a C-O district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.34.010:

A.

Church, library, school, hospital, clinic;

B.

Clubhouse, or rooms used by members or an organized club, lodge, union or society; and

C.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010.

(Ord. 2006-33 § 3 (part): Ord. 2000-53 § 1 (part))

(Ord. No. 2013-26, § 8, 7-16-13)

17.34.030 - Conditional uses—Board of zoning adjustments.

In addition to the uses listed for Sections 17.52.480 and 17.52.580, the following are conditional uses in a C-O district and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Pharmacy, limited to the sale of drugs and medical supplies, except in Castro Valley (areas within the Castro Valley Urbanized Area) where pharmacies are permitted (see Section 17.34.020(E), above);

B.

Restaurant or retail store which serves primarily the occupants of existing buildings in the same district, or their clients or patrons, except in Castro Valley (areas within the Castro Valley Urbanized Area) where restaurants and retail stores are permitted (see Section 17.34.020(E), above);

C.

Mobile outdoor business that directly serves the needs of the occupants of existing office commercial buildings or workers, patrons, or clients of businesses in the immediate vicinity;

D.

Research or development laboratory, except those engaged in manufacture of products for commercial sale or distribution and excluding any which produces or is found likely to produce any smoke, dust, odors, glare or vibrations observable outside the building or portion thereof in such use;

E.

Parking lot;

F.

Public utility substation, not including service yard, storage of materials or vehicles, or repair facilities.

(Ord. 2008-33 § 3: Ord. 2002-60 (part); Ord. 2000-53 § 1 (part); prior gen. code § 8-46.2)

(Ord. No. 2010-71, § 54, 12-21-10; Ord. No. 2020-66, § 9, 12-15-20)

17.34.040 - Site development review.

Any structure one thousand (1,000) square feet or more or any construction aggregating one thousand (1,000) square feet or more placed since July 9, 1977, shall be subject to site development review pursuant to Section 17.54.210; unless zoning approval is granted upon the determination that the construction constitutes a minor project and that the building permit plans are in accord with the intent and objectives of the site development review procedure.

(Prior gen. code § 8-46.2.1)

Every use in a C-O district shall be on a building site having a median lot width not less than seventy (70) feet, and an area not less than ten thousand (10,000) square feet.

(Prior gen. code § 8-46.3)

17.34.060 - Yards.

The yard requirements in C-O districts shall be as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: not less than twenty (20) feet;

B.

Depth of rear yard: not less than ten feet;

C.

Width of side yards: not less than ten feet.

(Prior gen. code § 8-46.4)

17.34.070 - Height of buildings.

Except as otherwise provided in Section 17.52.090, no building or structure in a C-O district shall have a height in excess of thirty-five (35) feet.

(Prior gen. code § 8-46.5)

17.34.080 - Coverage limitations.

In C-O districts the aggregate ground coverage, calculated as provided in Section 17.52.380, shall not exceed fifty (50) percent of the area of the lot. All open portions shall be graded, drained and maintained continuously in a dust free condition, either by landscaping or by paving, to standards approved by the board of zoning adjustments.

(Ord. 2002-60 (part): Prior gen. code § 8-46.6)

17.34.090 - Signs.

Signs permitted subject to Section 17.52.520.

A.

Type. Business signs.

B.

Size. Area of all signs not to exceed one square foot for each two lineal feet of either primary building frontage or secondary building frontage, up to a maximum of fifty (50) square feet for each business, provided, however, that each business is guaranteed twenty-five (25) square feet of sign area.

C.

Location. Wall signs only.

D.

Character. No sign shall be flashing or intermittent, contain moving parts, or be located so as to be directed towards lands in any adjacent R district, except pursuant to Section 17.52.515(A)(3) and in conformance with Section 17.54.226.

(Prior gen. code § 8-46.7)

(Ord. No. 2010-49, § 5, 9-14-10)

17.34.100 - Office building master identification sign.

In addition to signs permitted by Section 17.34.090 but subject to Section 17.52.520 and as qualified below an office building may be permitted an office building master identification sign, subject to site development review pursuant to Section 17.54.210. The office building master identification sign shall be in architectural harmony with the design of the buildings intended to be identified, if wall-mounted by its design as an integral part of the wall of the building to which it is attached and if freestanding then limited to a low-profile sign not exceeding eight feet in height with its means of support concealed and located within a planter of appropriate dimension.

The office building master identification sign shall not exceed fifty (50) square feet in area, shall be permitted for office building which contains no less than four tenants or any institutional use, and the copy shall include only the name of the office complex or institutional use.

(Prior gen. code § 8-46.7.1)

(Ord. No. 2010-71, § 55, 12-21-10)

17.34.110 - Other regulations.

All uses in C-O districts shall conform to the performance standards of this title for M-P districts as set forth in Section 17.42.020.

(Prior gen. code § 8-46.8)

Chapter 17.36 - C-N DISTRICTS

Sections:

Neighborhood business districts, hereinafter designated C-N districts, are established to provide for the development of small convenience shopping and related facilities in areas which are predominantly residential, at locations where such facilities can be grouped without detriment and appropriately conditioned to promote and protect the intent of the district, and to protect them by excluding uses which would tend to reduce their effectiveness as a neighborhood service.

(Ord. 94-42 § 1 (part): prior gen. code § 8-47.0)

The following principal uses are permitted in a C-N district:

A.

Bank, barber shop, beauty parlor, cleaning or laundry agency, restaurant, self-service laundry;

B.

Store for sale or retail of books, clothing, drugs, flowers, food, hardware, musical goods, photographic supplies, variety goods or household supplies, retail sales of auto parts, but not to include parts machining or any nonretail service;

C.

Office or office building;

D.

In Castro Valley (areas within the Castro Valley Urbanized Area), in addition to uses listed above, the following are also permitted:

1.

Community facilities subject to Section 17.52.1340 (Community facilities in Castro Valley).

2.

Day Care Center subject to Section 17.52.1330 (Day care centers in Castro Valley).

3.

Artisan/maker space.

(Ord. 96-15 § 1 (part): prior gen. code § 8-47.1)

(Ord. No. 2020-66, § 10, 12-15-20)

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in a C- N district and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Public utility substation, not including service yard, storage of materials, or vehicles, or repair facilities;

B.

Parking lot; in Castro Valley (areas within the Castro Valley Urbanized Areas) parking lots are subject to the requirements of Section 17.52.1360;

C.

Service station, Type A;

D.

Drive-in business; in Castro Valley (areas within the Castro Valley Urbanized Areas) drive-in business are subject to the requirements of Section 17.52.1350;

E.

A facility retailing a variety of automotive parts and supplies which are installed and serviced on the site but does not include engine, transmission or differential rebuilding or body repair;

F.

Alcohol outlet;

G.

Indoor recreation facility.

(Ord. 2002-60 (part); Ord. 2002-18 § 1, 2001; Ord. 96-15 § 1 (part): Ord. 94-42 § 1 (part): prior gen. code § 8-47.2)

(Ord. No. 2020-66, § 10, 12-15-20)

17.36.040 - Site development review.

Any structure one thousand (1,000) square feet or more or any construction aggregating one thousand (1,000) square feet or more placed since July 9, 1977, shall be subject to site development review pursuant to Section 17.54.210; unless zoning approval is granted upon the determination that the construction constitutes a minor project and that the building permit plans are in accord with the intent and objectives of the site development review procedure.

(Prior gen. code § 8-47.2.1)

The yard requirements in C-N districts shall be as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: not less than twenty (20) feet;

B.

Depth of rear yard: none, except that where the abutting lot at the rear is in an R district there shall be rear yard having a depth not less than fifteen (15) feet;

C.

Width of side yard: none, except that where the abutting lot at the side is in any R district, there shall be side yard having a width not less than the minimum required in such R district and the side yard on the street side of a corner lot shall be not less than ten feet.

(Prior gen. code § 8-47.3)

No building or structure in a C-N district shall have a height in excess of thirty-five (35) feet except as provided by Section 17.52.090.

(Prior gen. code § 8-47.4)

Signs permitted subject to Section 17.52.520.

A.

Type. Business signs.

B.

Size. Area of all signs not to exceed one square foot for each one lineal foot of either primary building frontage or secondary building frontage, up to a maximum of one hundred (100) square feet for each business; provided, however, that twenty-five (25) square feet is guaranteed to each business.

C.

Location. Wall signs only.

D.

Character. No sign shall be flashing or intermittent, contain moving parts, or be located so as to be directed towards lands in any adjacent R district, except pursuant to Section 17.52.515(A)(3) and in conformance with Section 17.54.226.

(Prior gen. code § 8-47.5)

(Ord. No. 2010-49, § 6, 9-14-10)

Subject to Section 17.52.520, one service station sign display structure, thirty-two (32) square feet total area or when combined with the service station price sign permitted by Section 17.52.520P, sixty-four (64) square feet total for the entire structure.

Such sign shall not exceed six feet in height. The business sign portion shall be included as part of the aggregate sign area permitted on the property; however, the supporting members and design elements shall not be so included and the sign may be freestanding and may be located within a required yard. Every such sign shall be subject to site development review pursuant to Section 17.54.210.

(Prior gen. code § 8-47.5.1)

All principal uses permitted in C-N districts shall be conducted entirely within a building except a parking lot, an electrical substation, and the servicing of automobiles with gasoline, oil, air and water.

(Prior gen. code § 8-47.6)

All uses in C-N districts shall conform to the performance standards of this title for M-P districts as set forth in Section 17.42.020.

(Prior gen. code § 8-47.7)

(Ord. No. 2010-71, § 56, 12-21-10)

Chapter 17.38 - C-1 DISTRICTS

Sections:

Retail business districts, hereinafter designated as C-1 districts, are established to provide areas for comparison retail shopping and office uses, and to enhance their usefulness by protecting them from incompatible types of commercial uses which can be provided for more effectively in the general commercial districts.

(Prior gen. code § 8-48.0)

The following principal uses are permitted in a C-1 district, subject to the limitations of Section 17.38.150:

A.

Retail store, except bookstore;

B.

Office, bank;

C.

Barber shop, beauty parlor, dressmaking or knitting shop, tailor shop, cleaning or laundry agency, handicraft shop;

D.

Repair shop for cameras, shoes, watches, and household appliances;

E.

Self-service laundry;

F.

Restaurant;

G.

Parking lot as regulated by Section 17.38.050.

(Ord. 2006-33 § 3 (part): Prior gen. code § 8-48.1)

The following are conditional uses and shall be permitted in a C-1 district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.38.010:

A.

Hospital;

B.

Adult entertainment activity provided, however, that no adult entertainment activity shall be located closer than one thousand (1,000) feet to the boundary of any residential zone or closer than one thousand (1,000) feet to any other adult entertainment activity.

C.

Superstore.

(Ord. 2006-18 § 2 (part); Ord. 2000-53 § 1 (part))

(Ord. No. 2010-71, § 57, 12-21-10)

The following are conditional uses in C-1 districts and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Community facility;

B.

Animal hospital, kennel;

C.

Clubhouse, or rooms used by members of an organized club, lodge, union or society;

D.

Mortuary;

E.

Commercial recreation facility other than a theater, if within a building;

F.

Storage garage, and storage lots for recreational vehicles and boats;

G.

Theater, drive-in theater;

H.

Drive-in business;

I.

Hotel, motel, boarding house;

J.

Automobile sales lot;

K.

Service station, Type A; or a facility retailing automotive parts and supplies which are installed and serviced on the site but does not include, engine, transmission or differential rebuilding or body repair;

L.

Plant nursery including the sale of landscaping materials, excluding wet-mix concrete sales providing all equipment, supplies, and merchandise other than plant materials are kept within a completely enclosed building;

M.

Tavern;

N.

Massage establishment in possession of a valid permit issued pursuant to Chapter 3.24 of this code;

O.

Recycling centers, when operated in conjunction with a permitted use on the same premises;

P.

Advertising signs, provided that no single sign shall be flashing or intermittent, contain moving parts or be located so as to be directed towards lands in any adjacent R district, except pursuant to Section 17.52.515(A)(3) and in conformance with Section 17.54.226;

Q.

In-patient and out-patient health facilities as licensed by the State Department of Health Services;

R.

Tattoo studio;

S.

Alcohol outlet;

T.

Firearms sales;

U.

Beauty school or business school;

V.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010;

W.

Cannabis retailer, subject to and in compliance with Chapter 6.108 of this code;

X.

Combined cannabis operation, subject to and in compliance with Chapter 6.109 of this code.

(Ord. 2006-33 § 4 (part): Ord. 2002-60 (part); Ord. 2000-53 § 1 (part); Ord. 98-53 § 1 (part); Ord. 96-15 § 1 (part): Ord. 94-41 § 1 (part): prior gen. code § 8-48.2)

(Ord. No. 2010-49, § 7, 9-14-10; Ord. No. 2010-71, § 58, 12-21-10; Ord. No. 2013-26, § 9, 7-16-13; Ord. No. 2017-35, § 2, 9-12-17; Ord. No. 2018-18, § 2, 5-8-18; Ord. No. 2018-23, § 2, 5-8-18; Ord. No. 2019-23, § 2, 6-18-19)

No use shall be permitted as an accessory use which involves the production of goods not intended for retail sale on the premises, or the cleaning or repair of articles of clothing not directly received from and delivered to the customer on the premises where such cleaning or repairing is done.

(Prior gen. code § 8-48.3)

Any structure one thousand (1,000) square feet or more or any construction aggregating one thousand (1,000) square feet or more placed since July 9, 1977, shall be subject to site development review pursuant to Section 17.54.210; unless zoning approval is granted upon the determination that the construction constitutes a minor project and that the building permit plans are in accord with the intent and objectives of the site development review procedure.

(Prior gen. code § 8-48.4)

(Ord. No. 2010-71, § 59, 12-21-10)

No yards are required in a C-1 district except as specified in Sections 17.38.070 and 17.38.080, or in connection with the approval of a conditional use, or a variance.

(Prior gen. code § 8-48.5)

Wherever a C-1 district terminates at the boundary of an R district or of any other C district except a C-2 district in the same block, the depth of front yard in that block shall be not less than is required in such abutting district. Wherever the use of a building site is for a motel, hotel or boarding house, the depth of front yard shall be not less than twenty (20) feet.

(Prior gen. code § 8-48.6)

On the street side of a corner lot in a C-1 district which abuts a key lot in any R district or in any other C district, except a C-2 district, the width of the side yard shall be not less than one-half the depth of the front yard required on such key lot. Where the side lot line of a lot in a C-1 district abuts a lot in any R district there shall be provided a side yard along that line having a width not less than that required on such abutting lot.

Where the rear lot line of a lot in a C-1 district abuts a lot in any R district, there shall be provided a rear yard having a depth not less than six feet. Wherever the use of a building site is for a motel, hotel or boarding house, there shall be side yards not less than ten feet in width, and a rear yard not less than ten feet in depth.

(Prior gen. code § 8-48.7)

Except as otherwise provided in Section 17.52.090, no building or structure in a C-1 district shall have a height in excess of forty-five (45) feet, or in excess of thirty-five (35) feet if the building or structure is situated within fifty (50) feet of the boundary line of an R-1, R-2 or R-3 or R-S district.

(Prior gen. code § 8-48.8)

Business signs are permitted according to either of the following two options provided that if one option is used, the right to the use of the other is waived:

A.

Option I—Wall Signs and Projecting Signs.

1.

Size. Area of all signs shall not exceed two square feet for each one lineal foot of primary building frontage for the first one hundred (100) feet of primary building frontage and one square foot for each one lineal foot of primary building frontage thereafter; plus one square foot for each one lineal foot of secondary building frontage; provided, however, that twenty-five (25) square feet is guaranteed each frontage by this provision.

2.

Type and Location. Wall signs are permitted. Only one projecting sign shall be permitted for each business subject to the conditions (a) that said projecting sign shall not extend from the front wall to which it is attached a distance greater than seven percent of the business building frontage or five feet, or whichever is less; and (b) that said projecting sign shall be located within the middle one-third of the front wall of the business building to which it is attached.

B.

Option II—Wall Signs and Freestanding Signs.

1.

Size. Area of all signs shall not exceed one and one-half square feet for each one lineal foot of lot frontage on an approved street at the front lot line. The total sign area of any one sign shall not exceed three hundred (300) square feet and no wall sign(s) shall be utilized so as to exceed frontage ratios contained in this section. No business sign shall be limited by this section to less than twenty-five (25) square feet.

2.

Type and Location. Wall signs are permitted. Only one freestanding sign shall be permitted for each lot subject to the conditions that: (a) said freestanding sign shall be located in a planter of appropriate dimension; (b) said freestanding sign shall be located within the middle one-third of the street frontage when said freestanding sign is within twenty (20) feet of said street frontage; (c) said freestanding sign shall be a maximum of ten feet high and have a maximum area of thirty (30) square feet, provided that for each

one foot that said freestanding sign is set back from the nearest street frontage the maximum height may be increased by one-half foot and the area may be increased five square feet; (d) said freestanding sign shall not in any case exceed thirty-five (35) feet in height. A sign for a service station may be combined with a service station price sign as permitted by Section 17.52.520(P), and the area of the combined sign may exceed these height-area-setback regulations by thirty-two (32) square feet.

3.

Character. No sign shall be flashing or intermittent, contain moving parts, or be located so as to be directed towards lands in any adjacent R district.

(Prior gen. code § 8-48.8.1)

(Ord. No. 2010-49, § 8, 9-14-10; Ord. No. 2010-71, § 60, 12-21-10)

17.38.110 - Low profile sign.

Subject to Section 17.52.520, one low profile sign, twenty-four (24) square feet maximum area, six feet maximum height, may be constructed on a lot with no less than one hundred (100) lineal feet of lot frontage on an approved street at the front lot line. The sign area shall be included as part of the aggregate sign area permitted on the property. The supporting members and design elements shall not be included in the computation of the sign area and the sign may be located within a required yard. Every such sign shall be subject to site development review pursuant to Section 17.54.210.

(Prior gen. code § 8-48.8.2)

17.38.120 - Shopping center master identification sign(s).

In addition to those signs permitted by Section 17.38.120, each shopping center, subject to Section 17.52.520; and as qualified below, may be permitted shopping center master identification sign(s) subject to site development review, pursuant to Section 17.54.210 to assure conformance to established or proposed design theme of the shopping center signing program. The shopping center master identification sign shall be located at one or more main entrances to the shopping center, shall not exceed one hundred (100) square feet in area, shall not exceed twenty-five (25) feet in height, and shall be permitted for shopping centers which contain no less than twenty (20) separate tenants. The shopping center master identification sign shall not advertise or identify any tenant of the shopping center and shall be located in a planter of appropriate dimension.

(Prior gen. code § 8-48.8.3)

In addition to those signs permitted by Section 17.38.100, each office building, subject to Section 17.52.520 and as qualified below, may be permitted an office building master identification sign, subject to site development review pursuant to Section 17.54.210. The office building master identification sign shall be in architectural harmony with the design of the buildings intended to be identified, if wall-mounted by its design as an integral part of the wall of the building to which it is attached, and if freestanding then limited to a low-profile sign not exceeding eight feet with its means of support concealed and located within a

planter of appropriate dimension. The office building master identification sign shall not exceed fifty (50) square feet in area, shall be permitted for office building which contains no less than four tenants or any institutional use, and the copy shall include only the name of the office building or institutional use.

(Prior gen. code § 8-48.8.4)

17.38.140 - Service station sign display structure.

A service station display structure is permitted in accordance with Section 17.36.080 of this title on a service station site in lieu of the low profile sign otherwise permitted.

(Prior gen. code § 8-48.8.5)

17.38.150 - Other regulations.

A.

All principal uses in C-1 districts and all fabricating, processing or repair uses accessory thereto shall be conducted within a building, except an advertising sign, an automobile sales lot, a parking lot, recreational vehicle and boat storage, drive-in theater, drive-in business, kennel, service station, plant material storage as authorized by Section 17.38.030(M), or a community facility or recreation facility.

B.

All uses in C-1 districts shall conform to the performance standards of this title for M-P districts as set forth in Section 17.42.020.

C.

The term "shop" as used in Section 17.38.020 shall be deemed to include only the establishment of artisans dealing at retail directly with the consumer, and concerned primarily with custom trade, as distinguished from quantity production. Except as a temporary use regulated by Section 17.52.480, use of a mobilehome is not permitted.

(Prior gen. code § 8-48.9)

(Ord. No. 2010-71, § 61, 12-21-10)

Chapter 17.40 - C-2 DISTRICTS

Sections:

General commercial districts, hereinafter designated as C-2 districts, are established to provide locations for relatively large areas containing facilities for a wide variety of business and commercial activities needed to serve the community, and to provide a place for the business uses excluded from the C-1 districts and to protect these areas from unsuitable activities of an industrial character.

(Prior gen. code § 8-49.0)

The following principal uses are permitted in a C-2 district:

A.

Any principal use permitted in a C-O district, pursuant to Section 17.34.020, or a C-1 district pursuant to Section 17.38.020;

B.

Wholesale business, storage of household goods, storage garage;

C.

Contractor's office for businesses that are characterized by the installation of materials or equipment on the property of the purchaser; including interior storage of equipment and materials;

D.

Retail service shops, including cabinet shop, furniture repair and refinishing; upholstering of furniture and automobiles; residential appliance repair; business machine repair; small mechanical equipment and component parts repair and service; bicycle, motorcycle, lawnmower and locksmith shops; auto repair garage and tire recapping;

E.

Ambulance service; automobile rental; clinic, catering, job printing; interior decorating, tailoring, laboratory;

F.

In Castro Valley (areas within the Castro Valley Urbanized Area), in addition to uses listed above, the following are also permitted:

1.

Artisan/maker space.

(Ord. 2006-33 § 4 (part): Prior gen. code § 8-49.1)

(Ord. No. 2020-66, § 11, 12-15-20)

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in C-2 districts and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Animal hospital, kennel;

B.

Mortuary;

C.

Community facility;

D.

Drive-in theater, drive-in business; recreation facility;

E.

Service station, Type A and Type B;

F.

Automobile, camper, boat and trailer sales, storage or rental lot;

G.

Plant nursery including the sale of landscaping materials, excluding wet-mix concrete sales, providing all equipment supplies and merchandise other than plant materials are kept within a completely enclosed building;

H.

Auto sales and service agency;

I.

Advertising sign, provided that no single sign shall exceed three hundred (300) feet in area and no sign shall be flashing or intermittent, contain moving parts or be located so as to be directed towards lands in any adjacent R district, except pursuant to Section 17.52.515(A)(3) and in conformance with Section 17.54.226;

J.

Tavern;

K.

In-patient and out-patient health facilities as licensed by the State Department of Health Services;

L.

Tattoo studio;

M.

Alcohol outlets;

N.

Firearms sales;

O.

Trade school;

P.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010;

Q.

Cannabis retailer, subject to and in compliance with Chapter 6.108 of this code;

R.

Combined cannabis operation, subject to and in compliance with Chapter 6.109 of this code.

(Ord. 2006-33 § 4 (part): Ord. 2002-60 (part); Ord. 2000-53 § 1 (part); Ord. 98-53 § 1 (part); Ord. 96-15 § 1 (part): Ord. 94-41 § 1 (part): prior gen. code § 8-48.2)

(Ord. No. 2010-49, § 7, 9-14-10; Ord. No. 2010-71, § 58, 12-21-10; Ord. No. 2013-26, § 9, 7-16-13; Ord. No. 2017-35, § 2, 9-12-17; Ord. No. 2018-23, § 2, 5-8-18; Ord. No. 2019-23, § 2, 6-18-19)

17.40.035 - Conditional uses—Planning commission.

The following are conditional uses and shall be permitted in a C-2 district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.40.010:

A.

Hospital;

B.

Adult entertainment activity provided, however, that no adult entertainment activity shall be located closer than one thousand (1,000) feet to the boundary of any residential zone or closer than one thousand (1,000) feet to any other adult entertainment activity.

C.

Superstore.

(Ord. 2006-18 § 2 (part); Ord. 2000-53 § 1 (part))

Any structure one thousand (1,000) square feet or more or any construction aggregating one thousand (1,000) square feet or more placed since July 9, 1977, shall be subject to site development review pursuant to Section 17.54.210; unless zoning approval is granted upon the determination that the construction constitutes a minor project and that the building permit plans are in accord with the intent and objectives of the site development review procedure.

(Prior gen. code § 8-49.3)

17.40.050 - Front yards.

Wherever a C-2 district terminates at the boundary of an R district or of any other C district except a C-2 district in the same block, the depth of front yard in that block shall be not less than is required in such abutting district.

(Prior gen. code § 8-49.4)

17.40.060 - Side and rear yards.

On the street side of a corner lot in a C-2 district which abuts a key lot in any R district or in any other C district except a C-1 district, the width of the side yard shall be not less than one-half the depth of the front yard required on such key lot. Where the side lot line of a lot in a C-2 district abuts a lot in any R district, there shall be provided a side yard along that line having a width not less than that required on such abutting lot. Where the rear lot line of a lot in a C-2 district abuts a lot in any R district, then there shall be provided a rear yard having a depth not less than six feet.

(Prior gen. code § 8-49.5)

17.40.070 - Height of building.

In a C-2 district, no building or structure shall have a height in excess of forty-five (45) feet, except as otherwise provided in Section 17.52.090.

(Prior gen. code § 8-49.6)

17.40.080 - Business signs.

Business signs are permitted subject to Sections 17.52.520 and 17.38.100.

(Prior gen. code § 8-49.6.1)

17.40.090 - Low profile sign.

A low profile sign is permitted in accordance with Section 17.38.110.

(Prior gen. code § 8-49.6.2)

Shopping center master identification sign(s) are permitted subject to Section 17.52.520 and Section 17.38.110.

(Prior gen. code § 8-49.6.3)

17.40.110 - Office building master identification sign.

Office building master identification signs are permitted subject to Section 17.38.120.

(Prior gen. code § 8-49.6.4)

17.40.120 - Service sign display structure.

A service station sign display structure in accordance with Section 17.36.080 is permitted on a service station site in lieu of the low profile sign otherwise permitted.

(Prior gen. code § 8-49.6.5)

(Ord. No. 2010-71, § 63, 12-21-10)

17.40.130 - Other regulations.

A.

All uses in C-2 districts shall conform to the performance standards of this title for M-P districts as set forth in Section 17.42.020.

B.

All principal uses in C-2 districts and all fabricating, processing or repair uses accessory thereto shall be conducted within a building, except an advertising sign, an automobile sales lot, the outdoor storage necessary and incidental to the uses described in Section 17.40.030(G), a parking lot, drive-in facility or a recreation facility. Except as a temporary use regulated by Section 17.52.480, use of a mobilehome is not permitted.

(Prior gen. code § 8-49.7)

Chapter 17.42 - M-P DISTRICTS

Sections:

Industrial park districts hereinafter designated as M-P districts, are established to accommodate a limited specialized group of administrative, laboratory and light manufacturing uses which are capable of being operated under high performance standards in attractive structures with landscaping and parking spaces such as to insure an attractive and visually harmonious working environment; and to protect and increase the stability of such areas by establishing high performance standards and stringent requirements as to space, light and air about the buildings.

(Prior gen. code § 8-50.0)

The uses listed hereinafter as permitted in M-P districts shall in each instance be subject to site development review pursuant to Section 17.54.210. No use in any of the categories listed shall be approved which is characterized by, or which is found by the board of zoning adjustments to involve any of the following:

A.

Any noise or vibration, other than that related to transportation activities and temporary construction work, which is discernible without instruments at any lot line of the building site;

B.

Any activity, including storage or dumping which could result in the emission of radioactivity in dangerous amounts;

C.

Any activity which causes electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance;

D.

The production, use, storage, or handling of any inflammable or explosive materials, unless provided at all points with adequate safety devices against hazards of explosion and all equipment and devices standard in the industry for fire prevention and fire fighting;

E.

The emission of visible gray smoke of a shade or quality darker than No. 1 on the Ringelmann Chart, as specified in Information Circular 7718 of the United States Bureau of Mines, or its equivalent capacity as determined by the Bay Area Air Pollution Control District, for more than three minutes in any one hour;

F.

Any direct or sky-reflected glare or heat which is perceptible at any point outside of the building site;

G.

The emission of odorous gases or odorous matter in quantities such as to be perceptible at any lot line of the building site;

H.

The discharge into the air of any dust, dirt or particulate matter from any activity or from any products stored on the building site;

I.

The discharge into any public sewer, private sewage disposal system or stream or into the ground except in accordance with the standards approved by the State Department of Health, of any materials of such

nature or temperature as to contaminate any water supply, interfere with bacterial processes and sewage treatment, or in any way cause the emission of dangerous or offensive elements;

J.

The emission from any incineration operation of individually visible incandescent particles.

(Prior gen. code § 8-50.1)

(Ord. No. 2010-71, § 64, 12-21-10)

17.42.030 - Permitted uses.

Subject to the limitations of Section 17.42.020, the following principal uses are permitted in an M-P district:

A.

Professional and administrative offices;

B.

Laboratory, including research, commercial, testing, developmental, experimental or other types; but excluding the manufacture, assembly, or packaging of products for distribution, except as otherwise provided in subsection C of this section;

C.

The manufacturing, compounding, packaging, treating, fabrication, or assembly of electronic or nucleonic equipment, precision instruments, optical, or photographic goods, jewelry or pharmaceuticals;

D.

Publishing, printing, lithographing, engraving.

(Prior gen. code § 8-50.2)

In addition to the conditions listed for Sections 17.52.480 and 17.52.580, the following are conditional uses in an M-P district, and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

A.

Public utility building or structure, but not including service yard, storage of materials or vehicles, or repair facilities;

B.

Parking lot;

C.

Mobile outdoor business that directly serves the needs of the occupants of existing industrial uses or workers, patrons, or clients of businesses in the immediate vicinity;

D.

Other uses which are found by the board of zoning adjustments to meet the requirements of Section 17.42.020 of this chapter.

(Ord. 2008-33 § 4: Ord. 2002-60 (part): Prior gen. code § 8-50.3)

Every use in an M-P district shall be on a building site having an area not less than two acres and an effective lot frontage not less than one hundred fifty (150) feet.

(Prior gen. code § 8-50.4)

The yard requirements in M-P districts shall be as follows, subject to the general provisions of Section 17.52.330.

A.

Depth of front yard: not less than fifty (50) feet;

B.

Depth of rear yard: not less than forty (40) feet;

C.

Width of side yards: not less than forty (40) feet along a side lot line common to any property in an R district; otherwise, not less than twenty (20) feet.

(Prior gen. code § 8-50.5)

No building or structure in an M-P district shall have a height in excess of thirty-five (35) feet, except as provided by Section 17.52.090.

(Prior gen. code § 8-50.6)

In M-P districts, the aggregate ground coverage, calculated as provided in Section 17.52.380, shall not exceed forty (40) percent of the area of the lot or building site.

(Prior gen. code § 8-50.7)

Business signs are permitted provided they are wall signs which are made structurally and architecturally a part of a building, up to an aggregate area not in excess of eighty (80) square feet per building site. No sign shall be flashing or intermittent, contain moving parts, or be located so as to be directed towards lands in any adjacent R district.

(Prior gen. code § 8-50.8)

All uses permitted in M-P districts shall be conducted within completely enclosed buildings, except (A) the parking and loading or unloading of vehicles, and (B) electric substation. All open areas used for parking or vehicle loading or unloading of vehicles having a manufacturer's gross weight rating, as defined by the State Vehicle Code, greater than sixteen thousand (16,000) pounds shall be enclosed by a wall or fence not less than six feet in height, with gates at all points of ingress and egress. All open spaces shall be graded and adequately drained, and shall be continuously maintained in a dust free condition by landscaping or planted ground cover or by paving. Except as a temporary use, regulated by Section 17.52.480, use of a mobilehome is not permitted.

(Prior gen. code § 8-50.9)

Chapter 17.44 - M-1 DISTRICTS

Sections:

Light industrial districts, hereinafter designated as M-1 districts, are established to provide for and encourage the development of light industrial manufacturing and processing uses in areas suitable for such use, and to promote a desirable and attractive working environment with a minimum of detriment to surrounding properties.

(Prior gen. code § 8-51.0)

Every parcel designated on the zoning map as being in an M-S district shall hereafter be subject to these regulations as established for an M-1-B-40 district, and shall be so designated on any revised zoning map or part thereof.

(Prior gen. code § 8-51.1)

Subject to conformance with the performance standards specified in Section 17.44.100, the following principal uses are permitted in an M-1 district:

A.

Any manufacturing, processing, assembling, research, wholesale, storage or utility use, when conducted within an enclosed building, except those uses which are specifically listed and otherwise regulated in Section 17.44.040 and in Section 17.46.030;

B.

Parking lot.

(Prior gen. code § 8-51.2)

The following are conditional uses and shall be permitted in an M-1 district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.44.010:

A.

Adult entertainment activity provided, however, that no adult entertainment activity shall be located closer than one thousand (1,000) feet to the boundary of any residential zone or closer than one thousand (1,000) feet to any other adult entertainment activity.

(Ord. 2000-53 § 1 (part)

(Ord. No. 2010-71, § 65, 12-21-10)

17.44.040 - Conditional uses—Board of zoning adjustments.

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in an M-1 district, and shall be permitted only if approved by the board of zoning adjustments, pursuant to Section 17.54.130:

A.

Restaurant, retail store, or shop needed to serve the occupants of existing industrial buildings in the immediate vicinity;

B.

Contractor's or other outdoor storage yard for equipment and supplies, if conducted within an area enclosed by a solid wall or fence;

C.

Animal hospital, kennel;

D.

Storage of liquefied petroleum gas;

E.

Recreation facility, within an enclosed building;

F.

Drive-in theater;

G.

Sale at retail of building materials, or of industrial equipment or machinery;

H.

Concrete or asphalt batching plant;

I.

Advertising sign, provided that no single sign shall exceed three hundred (300) feet in area, and except as regulated by Section 17.52.550, and no sign shall be flashing or intermittent, contain moving parts, or be located so as to be directed towards lands in any adjacent R district;

J.

Service station, Type A and Type B;

K.

Mobile outdoor business that directly serves the needs of the occupants of existing industrial uses or workers, patrons, or clients of businesses in the immediate vicinity;

L.

Other uses which are found by the board of zoning adjustments as may meet the intent of the district and the requirements of Section 17.44.100 of this chapter.

(Ord. 2008-33 § 5: Ord. 2002-60 (part); Ord. 2000-53 § 1 (part); prior gen. code § 8-51.3)

(Ord. No. 2010-49, § 10, 9-14-10; Ord. No. 2010-71, § 66, 12-21-10)

Certain uses, not otherwise permitted, may be qualified as accessory to a permitted use on the same lot in an M-1 district including:

A.

Retail store or personal service shop or restaurant for employees; when conducted, and entered, from within the main building;

B.

Retail sales of products produced by a permitted use on the premises.

(Prior gen. code § 8-51.4)

Any structure of one thousand (1,000) square feet or more or any construction aggregating one thousand (1,000) square feet or more placed since July 9, 1977, shall be subject to site development review pursuant to Section 17.54.210; unless zoning approval is granted upon the determination that the construction constitutes a minor project and that the building permit plans are in accord with the intent and objectives of the site development review procedure.

(Prior gen. code § 8-51.4.1)

Except as otherwise provided in the case of a combining B district, every use in an M-1 district shall be on a building site having a median lot width not less than one hundred (100) feet and an area not less than twenty thousand (20,000) square feet.

(Prior gen. code § 8-51.5)

17.44.080 - Yards.

Except as otherwise provided in the case of a combining district, the yard requirements in M-1 districts shall be as follows, subject to the general provisions of Section 17.52.330:

A.

Depth of front yard: not less than twenty (20) feet;

B.

Depth of rear yard: not less than twenty (20) feet;

C.

Width of each side yard: not less than ten feet provided that where the abutting lot is any R district, the width of the side yard shall be not less than thirty (30) feet.

(Prior gen. code § 8-51.6)

No building or structure in an M-1 district shall have a height in excess of forty-five (45) feet, except as provided by Section 17.52.090.

(Prior gen. code § 8-51.7)

No use shall be permitted in an M-1 district, which is characterized by any of the detrimental effects specified in the performance standards of this title for M-P districts as set forth in Section 17.42.020, except that in an M-1 district Section 17.42.020(A) shall apply to noise or vibration discernible at a lot line separating the premises from an abutting R district.

(Prior gen. code § 8-51.8)

(Ord. No. 2010-71, § 67, 12-21-10)

17.44.110 - Business signs, low profile signs, and service station sign display structures.

Business signs, low profile signs and service station sign display structures are permitted subject to Section 17.52.520 and Section 17.36.080, Section 17.38.100, Section 17.38.110 and Section 17.38.140.

(Prior gen. code § 8-51.9)

17.44.120 - Other regulations.

Open areas used for storage or for parking or loading of vehicles having a rated capacity greater than sixteen thousand (16,000) pounds manufacturer's gross weight rating as defined in the State Vehicle Code, shall be enclosed by a solid wall or fence not less than six feet in height, with solid exit and entrance gates. In no case shall any material be stacked or stored so as to exceed the height of the fence. All other open portions of the lot or building site shall have adequate grading and drainage, and shall be continuously maintained in an all-weather dust-free condition by suitable landscaping with trees, shrubs, or planted ground cover, or by paving. Except as a temporary use regulated by Section 17.52.480, use of a mobilehome is not permitted.

(Prior gen. code § 8-51.10)

Chapter 17.46 - M-2 DISTRICTS

Sections:

Heavy industrial districts hereinafter designated as M-2 districts, are established to encourage sound development of general industrial uses by providing and protecting an environment exclusively for them, subject only to the minimum regulation necessary to insure the protection of adjacent areas from detrimental effects.

(Prior gen. code § 8-52.0)

Subject to conformance with the performance standards specified in Section 17.46.080, the following principal uses are permitted in an M-2 district:

A.

Railroad or trucking terminal facility;

B.

Public utility;

C.

Wholesale establishment;

D.

Research laboratory;

E.

Parking lot;

F.

Any manufacturing, processing or assembly plant, or industrial operation, except those listed in Section 17.46.030.

(Prior gen. code § 8-52.1)

17.46.030 - Conditional uses—Board of zoning adjustments.

In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in an M-2 district and shall be permitted only if approved by the board of zoning adjustments, as provided in Section 17.54.130:

A.

Restaurant, retail store, or personal service establishment, when necessary to serve the needs of the occupants of existing industrial buildings or employees in the immediate vicinity;

B.

Advertising signs, provided that no single sign shall be flashing or intermittent, contain moving parts or be located so as to be directed towards lands in any adjacent R district, except pursuant to Section 17.52.515(A)(3) and in conformance with Section 17.54.226;

C.

Salvage yards;

D.

Abattoir, stockyard;

E.

Kennel, animal hospital, menagerie (collection of wild or strange animals);

F.

Drive-in theater, amusement park, race track;

G.

Service station, Type A or Type B;

H.

Housemovers storage yard;

I.

Mobile outdoor business that directly serves the needs of the occupants of existing industrial uses or workers, patrons, or clients of businesses in the immediate vicinity.

Any use excluded from an M-2 district solely by reason of conflict with the performance standards set forth in Section 17.46.080 may, upon application, be considered by the board of zoning adjustments and approved as a conditional use if it finds that, under all the circumstances, including the conditions imposed, the use will be properly located in all respects as specified in Section 17.54.130.

(Ord. 2008-33 § 6: Ord. 2002-60 (part); Ord. 2000-53 § 1 (part); prior gen. code §§ 8-52.2—8-52.3)

(Ord. No. 2010-49, § 11, 9-14-10; Ord. No. 2010-71, § 68, 12-21-10)

The following are conditional uses and shall be permitted in an M-2 district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.46.010:

A.

Dumping, disposal, incineration or reduction of garbage, sewage, offal, dead animals or refuse;

B.

Manufacture or bulk storage of acid, cement, explosive materials, fireworks, fertilizer, gas, glue, gypsum, lime or plaster of Paris.

(Ord. 2000-53 § 1 (part))

(Ord. No. 2010-71, § 69, 12-21-10)

Retail sale of products produced by a permitted use on the premise.

(Prior gen. code § 8-52.4)

Except as otherwise provided in the case of a combining B district, every use in an M-2 district shall be on a Building Site having an area of not less than ten thousand (10,000) square feet.

(Prior gen. code § 8-52.5)

No yards are required in M-2 districts except such as may be specified and required in connection with approval of a conditional use, and except that along any lot line which is also the lot line of any premises in an A district or an R district, there shall be provided a yard having a width (or depth, in the case of a rear yard) of not less than fifty (50) feet.

(Prior gen. code § 8-52.6)

No building or structure in an M-2 district which is distant less than two hundred (200) feet from any R district shall have a height in excess of forty-five (45) feet except as provided by Section 17.52.090.

(Prior gen. code § 8-52.7)

No use shall be permitted in an M-2 district unless approved as a conditional use pursuant to the last paragraph of Section 17.46.030 which is characterized by or which causes any of the effects specified in the performance standards of this title for M-P districts, in Sections 17.42.020(A) through H except as follows:

A.

Sections 17.42.020(A), (F) and (G) shall apply only to noise, vibration, odor, glare, or heat which is perceptible from any point within an R district.

B.

Section 17.42.020(E) shall apply only to the emission of visible gray smoke of a shade darker than No. 2 on the Ringelmann Chart referred to therein.

(Prior gen. code § 8-52.8)

(Ord. No. 2010-71, § 70, 12-21-10)

17.46.090 - Business signs, low profile signs, and service station sign display structures.

Business signs, low profile signs, and service station sign display structures are permitted subject to Section 17.52.520, and Section 17.36.080, Section 17.38.100; Section 17.38.110 and Section 17.38.140.

(Prior gen. code § 8-52.9)

Except as a temporary use regulated by Section 17.52.480, use of a mobilehome is not permitted.

(Prior gen. code § 8-52.10)

Chapter 17.48 - P DISTRICTS

Sections:

Parking districts hereinafter designated as P districts, are established to avoid the absorption by other uses of land reserved to furnish needed off-street parking space for passenger automobiles adjacent to concentrations of shopping facilities.

(Prior gen. code § 8-54.0)

Any lot or parcel of land in a P district may be used for a parking lot, subject to site development review pursuant to Section 17.54.210. Upon application pursuant to an inconformity with Section 17.54.130, the use of land in a P district for a community facility (See definition of "Community facility" in Section 17.04.010) may be approved as a conditional use if such land is needed for parking.

(Prior gen. code § 8-54.1)

Where the exterior boundary of a parking lot adjoins property in an R district, there shall be constructed along such boundary a solid fence or wall not less than six feet high.

(Prior gen. code § 8-54.2)

Chapter 17.50 - U DISTRICTS

Sections:

Certain districts, referred to herein as U districts originally established to include all unincorporated territory of the county not within any other district, are hereby declared to be districts, which required special interim controls in pursuance of the purposes of this title set forth in Section 17.02.020. Every use, not otherwise prohibited by law, is a conditional use in U districts, and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130. Existing uses are permitted to continue as provided in Section 17.54.180.

(Ord. 2002-60 (part): Prior gen. code § 8-56.0)

Chapter 17.51 - CASTRO VALLEY

Sections:

A.

Intent. The hillside overlay districts, hereinafter designated as H-O, are established, per the Castro Valley General Plan, in areas with steep slopes or near high fire hazard, to implement the purpose and intent of the hillside residential land use classification.

B.

Applicability. Unless otherwise noted, the requirements of this section apply to all property located within an H-O district.

C.

Design Standards and Guidelines. Property located within the H-O district shall be subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, as applicable to the base zoning district. On matters not provided for in the Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County, the respective regulations in this zoning ordinance shall apply. If there is a conflict between the residential design guidelines and the requirements of this section, or this section is silent, the residential design guidelines supersede this section.

D.

Minimum Lot Size.

1.

Minimum lot size is based on the average slope of the parcel as follows:

a.

Average slope of ten percent or less: Five thousand (5,000) square foot minimum lot size.

b.

Average slope more than ten percent, but less than or equal to twenty (20) percent: Six thousand five hundred (6,500) square foot minimum lot size.

c.

Average slope more than twenty (20) percent, but less than or equal to thirty (30) percent: Seven thousand five hundred (7,500) square foot minimum lot size.

d.

Average slope greater than thirty (30) percent: Ten thousand (10,000) square foot minimum lot size.

2.

Minimum lot size calculations shall exclude:

a.

Any private streets, street parking spaces, access easements, stems, and driveways that serve more than one lot;

b.

Riparian areas as defined in the residential design guidelines; and

c.

Portions of the lot with slope over thirty (30) percent slope. Exception, where entire lot has natural grade over thirty (30) percent, development allowed subject to site development review (SDR) in compliance with Section 17.54.210.

E.

Front Setback Adjustment for Parking. In order to reduce grading on lots where the average slope is more than twenty (20) percent, required parking (including a private garage) may be located as close as five feet to the street property line, subject to site development review in compliance with Section 17.54.210 (Site development review). Portions of the dwelling and accessory structures, other than the garage, shall comply with the setback requirements of the base zoning district.

F.

Entrances. Entrances must be proportionate to the scale of the façade and must be no taller than twothirds of the building height.

(Ord. No. 2020-66, § 13, 12-15-20)

A.

Intent. Residential Small Lot districts, hereinafter designated as RSL, are established to support infill projects of duplexes, small lot single-family detached units, and townhouses. The RSL district implements and is consistent with the residential small lot land use classification of the Castro Valley General Plan.

B.

Design Standards and Guidelines. Residential projects within the RSL districts located within the planning areas of Castro Valley (areas within the Castro Valley Urbanized Area) are subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, as applicable based on the proposed building type. On matters not provided for in the "Residential Design

Standards and Guidelines for the Unincorporated Communities of West Alameda County," the respective regulations in this zoning ordinance apply. If there is a conflict between the residential design guidelines and the requirements of this section, or this section is silent, the residential design guidelines applicable to the proposed building type supersede this section.

C.

Permitted Uses. The following principal uses are permitted in an RSL district:

1.

One one-family dwelling, one two-family dwelling, two one-family dwellings, multiple dwelling;

2.

Licensed transitional or supportive housing for up to six persons, medical or residential care facility for up to six persons;

3.

Field crop, orchard, garden; and

4.

Small family day cares and large family day cares.

D.

Conditional Uses. In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in RSL districts, and are permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

1.

Community facilities;

2.

Parking lot, when established to fulfill the residential parking requirements for a use on an abutting lot or lots;

3.

Indoor plant nursery or greenhouse used only for the cultivation and wholesale of plant materials;

4.

Medical or residential care facility for seven or more persons unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

Licensed transitional or supportive housing for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

6.

Mobilehome parks subject to the provisions provided in Sections 17.52.1000 to 17.52.1065;

7.

Community clubhouse; and

8.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010.

E.

Density Limitations. The density must not exceed seventeen (17) units per acre.

F.

Building site.

1.

Every use in an RSL district must be on a building site with an area not less than two thousand five hundred (2,500) square feet and a median lot width not less than forty (40) feet.

2.

Lot width exceptions: If small-lot single-family homes with attached double loaded garages in front of the primary façade of the main building comply with parking location and design requirements in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," a lot width of thirty-five (35) feet is allowed. The lot width may be reduced to thirty (30) feet if garages are single-car wide, detached and/or accessed from an alley.

G.

Yards. The yard requirements in RSL districts are as follows, subject to the general provisions of Section 17.52.330:

1.

Depth of front yard: Not less than fifteen (15) feet.

2.

Depth of rear yard: Not less than fifteen (15) feet.

Width of side yard: Not less than four feet.

H.

Height of Buildings. Height must not exceed twenty-five (25) feet, except as provided by Section 17.52.090.

I.

Site Development Review. Site development review in compliance with Section 17.54.210 is required for residential projects with five or more units possible.

(Ord. No. 2020-66, § 13, 12-15-20)

A.

Intent. Residential medium density family districts, hereinafter designated as RMF, are established to support medium density multi-family residential development in Castro Valley. The RMF district implements and is consistent with the residential medium density multifamily land use classification of the Castro Valley General Plan.

B.

Design Standards and Guidelines. Residential projects within the RMF districts located within the planning areas of Castro Valley (areas within the Castro Valley Urbanized Area) are subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, as applicable based on the proposed building type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," the respective regulations in this zoning ordinance apply. If there is a conflict between the residential design guidelines and the requirements of this section, or this section is silent, the residential design guidelines applicable to the proposed building type supersedes this section, unless otherwise noted below.

C.

Permitted Uses. The following principal uses are permitted in an RMF district:

1.

Two-family dwelling, multiple dwelling or dwelling group;

2.

Field crop, orchard or garden;

3.

Licensed transitional or supportive housing for up to six persons, medical or residential care facility for up to six persons; and

Small family day care and large family day care.

D.

Conditional uses—Planning commission. The following are conditional uses permitted in an RMF district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.14.010:

1.

Hospital; and

2.

Medical laboratory, dental laboratory.

E.

Conditional Uses—Board of Zoning Adjustments. In addition to the uses listed for Sections 17.52.480 and 17.52.580, the following are conditional uses in RMF districts, and are permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

1.

Community facilities;

2.

Day care centers;

3.

Parking lot;

4.

Medical or residential care facility for seven or more persons as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

5.

Community clubhouse;

6.

Plant nursey, or greenhouse used only for the cultivation of plant materials;

7.

Licensed transitional and supportive housing for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

8.

Mobilehome parks subject to the provisions provided in Sections 17.52.1000 to 17.52.1065; and

9.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010.

F.

Density Limitations. The density must not exceed twenty-nine (29) dwelling units per acre. This standard supersedes the requirements of the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County" for townhomes and multi-family residential building types.

G.

Building Site. Every use in an RMF district must be on a building site with a lot width of not less than fifty (50) feet and an area not less than five thousand (5,000) square feet. A corner building site must have a median lot width of not less than sixty (60) feet.

H.

Yards. The yard requirements in RMF districts are as follows, subject to the general provisions of Section 17.52.330. The standards in this subsection supersede the requirements of the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County" for multi-family residential building types only. Other building types must follow requirements in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County":

1.

Depth of front yard: Not less than ten feet.

2.

Depth of rear yard: Not less than fifteen (15) feet.

3.

Width of side yard: Not less than five feet or ten feet on the street side of a corner lot, or less as required by Section 17.14.080. Townhomes shall have no side setback requirement where they share common walls.

I.

Height of Buildings. Height must not exceed thirty-five (35) feet, except as otherwise provided in Section 17.52.090.

J.

Site Development Review. Site development review in compliance with Section 17.54.120 required for residential projects with five or more units possible.

(Ord. No. 2020-66, § 13, 12-15-20)

A.

Intent. Residential mixed density districts, hereinafter designated as RMX, are established to support a mixture of single-family and multi-family residential development in areas close to the commercial business district. The RMX district implements and is consistent with the residential mixed density land use classification of the Castro Valley General Plan.

B.

Design Standards and Guidelines. Residential projects within the RMX districts located within the planning areas of Castro Valley (areas within the Castro Valley Urbanized Area) is subject to the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," as amended, as applicable based on the proposed building type. On matters not provided for in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County," the respective regulations in this zoning ordinance apply. If there is a conflict between the residential design guidelines and the requirements of this section, or this section is silent, the residential design guidelines applicable to the proposed building type supersedes this section, unless otherwise noted below.

C.

Permitted Uses. The following principal uses are permitted in an RMX district:

1.

One one-family dwelling, one two-family dwelling, two one-family dwellings, multiple dwelling or dwelling group;

2.

Field crop, orchard or garden;

3.

Licensed transitional or supportive housing for up to six persons, medical or residential care facility for up to six persons; and

4.

Small family day care and large family day care.

D.

Conditional Uses—Planning Commission. The following are conditional uses and are permitted in an RMX district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.14.010:

Hospital; and

2.

Medical laboratory, dental laboratory.

E.

Conditional Uses—Board of Zoning Adjustments. In addition to the uses listed for Sections 17.52.480 and 17.52.580, the following are conditional uses in RMX districts, and are permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

1.

Community facilities;

2.

Day care centers;

3.

Parking lot;

4.

Medical or residential care facility for seven or more persons as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

5.

Single room occupancy facility subject to the provisions of Section 17.54.134 (Conditional uses—Single room occupancy (SRO) facilities);

6.

Licensed transitional and supportive housing for seven or more persons per unit as regulated in Section 17.54.133 (Conditional uses—Residential, medical care, transitional and supportive housing facilities);

7.

Mobilehome parks subject to the provisions as regulated by Sections 17.52.1000 to 17.52.1065;

8.

Plan nursery, or greenhouse used only for the cultivation of plant materials;

9.

Community clubhouse; and

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010.

F.

Density Limitations.

1.

The density must not exceed twenty-nine (29) dwelling units per acre. The standards in this subsection supersede the requirements of the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County" for townhomes and multi-family residential building types only. Other building types must follow requirements in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County."

G.

Building Site. Every use in an RMX district must be on a building site with a median lot width not less than fifty (50) feet and an area not less than five thousand (5,000) square feet. A corner building site must have a median lot width of not less than sixty (60) feet.

H.

Yards. The yard requirements in RMX districts are as follows, subject to the general provisions of Section 17.52.330. The standards in this subsection supersede the requirements of the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County" for multi-family residential building types only. Other building types must follow requirements in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County":

1.

Depth of front yard: Not less than ten feet.

2.

Depth of rear yard: Not less than ten feet.

3.

Width of side yard: Not less than five feet or ten feet on the street side of a corner lot, or less as required by Section 17.14.080. Townhomes shall have no side setback requirement where they share common walls.

I.

Height of Buildings. Height must not exceed forty-five (45) feet, except as provided by Section 17.52.090. The standards in this subsection supersede the requirements of the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County" for multi-family residential

building types only. Other building types must follow requirements in the "Residential Design Standards and Guidelines for the Unincorporated Communities of West Alameda County" if more restrictive.

J.

Site Development Review. Site development review in compliance with Section 17.54.210 required for residential projects with five or more units possible.

(Ord. No. 2020-66, § 13, 12-15-20)

17.51.050 - Community commercial districts.

A.

Intent. Community commercial districts, hereinafter designated as CC, are established to provide a wide range of community-serving retail and commercial uses. The CC district implements and is consistent with the community commercial land use classification of the Castro Valley General Plan.

B.

Permitted Uses. The following principal uses are permitted in a CC district:

1.

Artisan/maker spaces;

2.

Auto parts, retail (not to include parts machining or auto repair);

3.

Business services; including but not limited to blue printing or other copying service, banks;

4.

Community facilities;

5.

Day care centers;

6.

Office or office building;

7.

Personal service establishment, personal service shop; including but not limited to barber shop, beauty parlor, dry cleaning, pharmacy, self-service laundry;

Repair shop (non-automotive) including cameras, shoes, watches, and household appliances;

9.

Retail sales, including but not limited to books, clothing, flowers, hardware, household supplies, food sales, travel gifts, and products produced by permitted use on the premises;

10.

Restaurants; and

11.

Schools.

C.

Conditional Uses. The following are conditional uses and are permitted in a CC district only if approved by the planning commission, sitting as a board of zoning adjustments, as regulated by Sections 17.54.135 and 17.34.010:

1.

Animal hospital, kennel;

2.

Alcohol sales for on or off-site consumption, except at full-service restaurants;

3.

Clubhouse, or rooms used by members of an organized club, lodge, union or society;

4.

Commercial recreation facility;

5.

Community care facility;

6.

Drive in and drive through businesses;

7.

Funeral homes and mortuaries;

8.

Indoor plant nurseries;

Indoor recreation facility;

10.

Parking lot;

11.

Public utility substation, not including service yard, storage of materials, or vehicles, or repair facilities;

12.

Service station, Type A; or a facility retailing automotive parts and supplies which are installed and serviced on the site but does not include, engine, transmission or differential rebuilding or body repair;

13.

Superstore (single business with area over one hundred thousand (100,000) square feet); and

Theaters.

D.

Floor Area Ratio. The floor area ratio shall not exceed one and one-half.

E.

Yards. The yard requirements in CC districts are as follows, subject to the general provisions of Section 17.52.330:

1.

Depth of front yard: There is no front yard requirement, with the exception of where a CC district terminates at the boundary of an R district or any other C district except a C-1 or C-2 district in the same block, the depth of front yard in that block shall be not less than is required in abutting district.

2.

Depth of rear yard: None, except that where the abutting lot at the side is in any R district, the depth of the rear yard must be not less than six feet.

3.

Width of side yard: None, except that where the abutting lot at the side is in any R district the side year along that line shall be a width is greater than abutting R building site.

F.

Height of Buildings. Height must not exceed forty-five (45) feet, except as otherwise provided in Section 17.52.090. If a building is situated within fifty (50) feet of the boundary line of an R district other than RMF or RMX, the height must be no more than thirty-five (35) feet.

G.

Public Open Space. On sites one acre or larger, minimum five percent of the site must be devoted to public open space subject to the following standards:

1.

Public open space includes courtyards, patios, plazas, public outdoor seating areas, natural open space, public access to roof top open space, artwork, planted areas, and plazas.

2.

Public open space must be designed as an integral part of the overall site plan and enhance the building design, public views, and transitions to adjacent uses.

3.

Parking lots, parking lot landscaping, buildings, exterior hallways, and stairways do not qualify as open space.

4.

All public open space areas shall be maintained by the property owner.

H.

Site Development Review. Any building greater or equal to one thousand (1,000) square feet or any construction aggregating greater or equal to one thousand (1,000) square feet placed since July 9, 1977, is subject to site development review in compliance with Section 17.54.210; unless zoning approval is granted upon the determination that the construction constitutes a minor project and that the building permit plans are in compliance with the intent and objectives of the site development review procedure in Section 17.38.070.

I.

Signs. Signs permitted subject to same requirements for signs in the C-1 Zone, in Sections 17.38.100 through 17.38.150, in conformance with Section 17.52.520.

(Ord. No. 2020-66, § 13, 12-15-20)

17.51.060 - Public facility districts.

A.

Intent. Public facility districts, hereinafter designated as PF, are established to support existing and proposed public and institutional uses on publicly owned, leased or operated property, including publicly

owned land with uses managed and/or operated by a non-profit entity. The PF district implements and is consistent with the Public Facilities land use classification of the Castro Valley General Plan.

B.

Permitted Uses. The following principal uses are permitted in a PF district:

1.

Clinic;

2.

Indoor recreation facility;

3.

Office;

4.

Orchard, garden;

5.

Public or private riding or hiking trails;

6.

Parking lot;

7.

Public agency facilities;

8.

Public education facilities;

9.

Public school district facilities;

10.

Public transit stations;

Public utility and substation;

Radio and television transmission facilities;

13.

Railroad or trucking terminal facility; and

Utility use.

C.

Conditional Uses. In addition to the uses listed in Sections 17.52.480 and 17.52.580, the following are conditional uses in PF districts, and are permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:

1.

Unattended collection box(es) placed in conjunction with an approved community facility as defined in Section 17.04.010; and

2.

Service yards for public agency, public education, or public school district facilities.

D.

Floor Area Ratio. The floor area ratio shall not exceed one and one-half.

E.

Yards. The yard requirements in PF districts are as follows, subject to the general provisions of Section 17.52.330:

1.

Depth of front yard: Not less than twenty (20) feet.

2.

Depth of rear yard: Not less than twenty (20) feet.

3.

Width of side yard: Not less than five feet.

F.

Height of Buildings. Height must not exceed forty-five (45) feet except as otherwise provided in Section 17.52.090.

G.

Site Development Review. Site development review in compliance with Section 17.54.210 required for any project over 1,000 square feet.

(Ord. No. 2020-66, § 13, 12-15-20)

A.

Intent. Open space-natural districts, hereinafter designated as OS-N, are established to provide for natural open spaces that have been identified for permanent conservation, typically established as part of PUDs as permanent easements. The OS-N district implements and is consistent with the open-space-natural land use classification of the Castro Valley General Plan.

B.

Permitted Uses. The following principal uses are permitted in an OS-N district:

1.

Trails, wildlife preserves, and open space uses that maintain the site in its natural state.

C.

No Net Loss. Concurrent with or prior to a rezoning of property from open space-natural zone to another zone, an area at least equivalent in size and providing greater habitat value than the subject open spacenatural zone area shall be rezoned from another zone to the open space-natural zone.

(Ord. No. 2020-66, § 13, 12-15-20)

A.

Intent. Open space-parks districts, hereinafter designed as OS-P, are established to provide for current and expected future locations for public parks of all sizes and types in the community. The OS-P district implements and is consistent with the open-space-parks land use classification of the Castro Valley General Plan.

B.

Permitted Uses. The following principal uses are permitted in an OS-P district:

1.

Administrative support and service facilities of a public regional recreation district;

2.

Orchard, garden;

Outdoor recreation facility; and

4.

Public or private riding or hiking trails.

C.

Conditional Uses. The following are conditional uses and are permitted in an OS-P district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.34.010:

1.

Community facility; and

2.

Temporary uses.

D.

Height of Buildings. Height must not exceed thirty (30) feet, except as otherwise provided in Section 17.52.090.

(Ord. No. 2020-66, § 13, 12-15-20)

17.51.090 - School districts.

A.

Intent. School districts, hereinafter designed as SCV, are established to provide for publicly-owned or operated educational facilities of all sizes serving all age groups, and for sites owned or used by school districts for school related purposes, including operation by a private education facility. The SCV district implements and is consistent with the SCHOOLS land use classification of the Castro Valley General Plan.

B.

Permitted Uses. The following principal uses are permitted in a SCV district:

1.

Public educational facilities;

2.

Schools, attendance at which satisfies the requirements of the compulsory education law of state; and

Community facilities.

C.

Conditional Use. The following are conditional uses and are permitted in an SCV district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.34.010:

1.

Unattended collection box(es) placed in conjunction with an approved community facility.

2.

Accessory uses.

3.

Outdoor and indoor recreation facility is an accessory use to a principal school use.

D.

Yards. The yard requirements in SCV districts are the same as those of adjacent zones, subject to the general provisions of Section 17.52.330.

E.

Height of Buildings. The height must be the same as those of adjacent zones except as otherwise provided in Section 17.52.090.

F.

Property no Longer Needed for School Purposes. Property in the SCV district determined to no longer be needed for educational purposes may be developed as residential uses pursuant to approval of a Planned Development District (Chapter 17.18, PD Districts) or adoption of a Specific Plan:

1.

Density shall be equal to or lower than the surrounding residential units.

2.

Any private development proposed on a former school site shall incorporate on site a feature intended to serve as a benefit to the community, such as a park, playground, trail easement, athletic field, public plaza, community meeting facility, or child care center.

a.

The feature shall remain accessible to the public. The scale of the community benefit shall be commensurate with the size of the parcel and the intensity of the proposed development.

b.

Decisions regarding the type of feature to be provided and its design shall take into consideration public input and shall be coordinated with relevant public entities that will be involved in its operation and maintenance.

(Ord. No. 2020-66, § 13, 12-15-20)

Chapter 17.52 - GENERAL REQUIREMENTS

Sections:

17.52.010 - General regulations.

The provisions of this title shall be subject to the following general regulations, special provisions, and exceptions.

(Prior gen. code § 8-60.0)

(Ord. No. 2010-71, § 71, 12-21-10)

This title shall not limit or interfere with the temporary use of any property as a voting place. Public utility

uses excepting buildings and service yards or storage yards are permitted uses in any district, without limitation as to height; provided that plans for any such use, except local distribution lines and except when located in an M-2 district shall be submitted to the planning commission for a report and recommendation prior to the acquisition of any site, easement or right-of-way.

(Prior gen. code § 8-60.1)

17.52.030 - Surface mining.

The use of any land for surface mining shall be governed by the provisions of Chapter 6.80 of this code.

(Prior gen. code § 8-60.2)

The following are conditional uses and shall be permitted in any district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.52.010:

A.

Airport or landing strip for airport;

B.

Crematory Units, as defined and limited in Section 6.20.030, within three hundred (300) feet of any established residence in the county.

In addition to the findings required under Section 17.54.130, the planning commission shall not approve such a crematory unit unless it can make the additional findings that:

1.

Cremation is not the primary use in a residential or commercial area but accessory or ancillary to a related and legally existing mortuary, funeral home, columbarium, or cemetery use; and

2.

Such operation is not a nuisance or threat to public health, safety, or the quiet enjoyment of neighboring occupants; and

3.

The cremation operation must be permitted by the regional air quality control agency (currently Bay Area Air Quality Management District) prior to issuance of any county ministerial permits.

(Ord. 2000-53 § 1 (part))

(Ord. No. 2010-71, § 72, 12-21-10; Ord. No. 2011-3, § 2, 1-11-11)

The following regulations shall apply to every use for which a use permit was lawfully issued pursuant to the provisions of this title which were in effect prior to the effective date of the ordinance codified in this title.

A.

If the use, as permitted by the conditions of the use permit, exists and is listed herein as a permitted use in the district under the same conditions, such use shall be lawful and approved as to zoning, subject to those same conditions.

B.

Where the land involved has been developed under such use permit, and is by the terms thereof more restricted than by the regulations of this title for the same type of building or use, such restrictions, to the extent that they could have been imposed under the provisions of this title governing conditional use, variances or the approval of site development shall remain in full force and effect.

C.

Where the parcel has been developed in accordance with the terms of such a use permit for a use permittee thereunder but not hereafter permitted in the district, the use shall be deemed to be a permitted use for the time period of such use permit, and all the terms and conditions of the use permit shall continue in force, subject to the provisions of Section 17.52.640.

(Prior gen. code §§ 8-60.3—8-60.6)

(Ord. No. 2010-71, § 73, 12-21-10)

17.52.050 - Use permits, conditional use permits—Implementation required.

Any use permit or conditional use permit issued pursuant to the provisions of this title shall be implemented within a term of three years of its issuance or it shall be of no force or effect.

(Prior gen. code § 8-60.7)

17.52.060 - Adjustments—Prior.

Every zoning adjustment granted in accordance with the provisions of this title which were in effect prior to the effective date of the ordinance codified in this title shall be valid and may be utilized in accordance with its terms and conditions.

(Prior gen. code § 8-60.8)

(Ord. No. 2010-71, § 74, 12-21-10)

17.52.070 - Adjustments, variances—Implementation required.

Any adjustment or variance granted pursuant to the provisions of this title shall be implemented within a term of three years of its issuance or it shall be of no force or effect.

(Prior gen. code § 8-60.8.1)

17.52.080 - Site development review—Prior.

Every site development review granted in accordance with the provisions of this title which were in effect prior to March 1, 1968, shall be valid and may be utilized in accordance with its terms and conditions provided that any such prior site development review may be rescinded by the planning director following ten days' notice to the permittee and a hearing pursuant to Section 17.54.650 unless it shall have been utilized within one year of the effective date of the order granting subject site development review.

(Prior gen. code § 8-60.8A)

17.52.090 - Height of buildings—Exceptions.

A.

Schools, churches, hospitals, and other buildings of an institutional character permitted in a district may have a building height in excess of the district limitations but not in excess of seventy-five (75) feet; provided that the requirements in the district for front, rear and side yards shall be increased by one foot for each foot of the building height in excess of forty (40) feet. A television or radio antenna may be of a height not exceeding ninety (90) feet.

B.

The building height limitations set forth in this title apply generally to structures, also, but shall not apply to chimneys, church spires, flag poles, or to mechanical appurtenances necessary and incidental to the permitted use of a building.

C.

Where the natural ground slope of a lot on the downhill side of the street is greater than one foot in seven feet as measured from the front lot line to the grade at the rear wall of the proposed building, one story in addition to the number permitted in the district in which the lot is situated is permitted on the downhill side of any building. The building height shall not otherwise exceed the limit specified for said district.

(Prior gen. code §§ 8-60.9—8-60.11)

Prior to obtaining a building permit or otherwise making use of a building site, it shall have been recorded as a lot in the office of the county recorder.

(Prior gen. code § 8-60.12)

Every building site shall have an effective lot frontage equal to or greater than one-half the median lot width required in the district, and in no case shall the effective lot frontage be less than twenty-five (25) feet. Whenever a new building site is hereinafter created by division of an existing lot, the effective frontage of each such new building site shall be equal to one-half of either the required or the actual median lot width thereof, whichever is greater. Each such new building site shall be recorded forthwith as a lot in the office of the county recorder.

(Prior gen. code § 8-60.13)

17.52.120 - Building site requirements—Exceptions.

Certain lots or parcels of land, as specified hereinafter, may be used as building sites, provided any building, structure, or addition is itself conforming, even though the area and/or the median lot width thereof is less than that required by the district in which such lot or parcel of land is situated, if all other requirements for that district are met. This exception applies in each of the following cases; provided, however, that in no case shall it apply to a lot or parcel of land having an area less than four thousand (4,000) square feet or having a median lot width less than forty (40) feet:

A.

Any lot indicated on a recorded subdivision map prior to August 2, 1946, provided however, this subsection shall not apply to such lots located within zoning districts requiring a minimum building site area of one acre or more unless a building permit for a single-family dwelling to be constructed thereon had been filed by March 1, 1977.

B.

Any parcel of land shown as a lot on the records of the county recorder as separately owned and assessed prior to August 2, 1946, when the present owner thereof is not the owner of any adjacent land;

C.

Any lot having an area of five thousand (5,000) square feet or more, which is indicated upon a recorded subdivision map, provided however, this subsection shall not apply to such lots located within zoning districts requiring a minimum building site area of one acre or more unless a building permit for a singlefamily dwelling to be constructed thereon had been filed by March 1, 1977.

D.

Any lot where the deficiency in area or median lot width is due exclusively to the condemnation of a portion thereof for a public purpose, or the sale of any such portion to any agency or political subdivision of the state or of the federal government and where such deficiency does not exceed twenty-five (25) percent of the district's requirement;

E.

Any lot in a combining B district, when the owner thereof owns no adjacent land when the lot was of record prior to the adoption of said B district; provided, however, that unless the lot is also covered under one or more of the preceding subsections of this section, the use thereof shall conform to the median lot width and the yard requirements of the district with which said B districts is combined;

F.

Any lot in an A district which contained a minimum of five acres, median lot width of at least three hundred (300) feet, and an effective lot frontage of at least one-half the actual median lot width, which was shown as a lot on the records of the county recorder as separately owned and assessed prior to May 4, 1972, when the present owner thereof is not the owner of any adjacent land;

G.

Any lot in an A district which contains a minimum of fifty (50) acres which was shown as a lot on the records of the county recorder as separately owned and assessed prior to May 4, 1972, when the owner thereof owns no adjacent land and which lot has effective lot frontage on an approved private street.

H.

Yards Reduced by Condemnation. Wherever a lot hereafter becomes qualified as a building site under the provisions of subsection D of this section, any yard about an existing building thereon which becomes deficient in depth or in width solely because of such condemnation or sale of a portion of the lot shall thereafter be deemed to be a yard conforming to these regulations, and shall not of itself cause the building to become a nonconforming building.

(Prior gen. code §§ 8-60.14—8-60.15)

(Ord. No. 2010-71, § 75, 12-21-10)

Either of the following specified acts shall constitute an unauthorized commercial use of land in any residential district and is a violation of this title:

A.

The parking in any residential district or upon any street adjacent thereto for a period of time greater than two hours in any twenty-four (24) hour period of any commercial vehicle, commercial truck and/or commercial trailer having a manufacturer's gross vehicle weight rating as defined in the State Vehicle Code, greater than ten thousand (10,000) pounds; or

B.

Parking at one time in any residential district or upon any street adjacent thereto, of two or more commercial vehicles, commercial trucks and/or commercial trailers by any person having possession or control thereof.

(Prior gen. code § 8-60.16)

The provisions of Section 17.52.130 shall not apply to any such vehicle which is parked while loading or unloading property therefrom, or in connection with the performance of a service to or on property in the immediate vicinity, nor shall they apply to any commercial vehicle, truck or trailer which is parked as a subordinate and accessory use in connection with the conduct of a lawful nonconforming business use established in such R district, or to a commercial vehicle or truck entitled to registration and licensing by the state as a "horseless carriage."

In the R-1-L-B-E district the provisions of Section 17.52.130 shall not prohibit the parking or use of a maximum of four commercial vehicles and/or equipment, regardless of weight rating, when used in conjunction with any use accessory to the residential use of a building site of five acres or more on which the vehicles and/or equipment are stored and used.

(Prior gen. code § 8-60.17)

It shall be the duty of the sheriff to enforce the provisions of Section 17.52.130 whenever the vehicle involved is parked upon a public street. It shall be the duty of the building official to enforce the provisions of Section 17.52.130 whenever the vehicle involved is parked on any private premises in an R district and for such purpose he shall have the power of a peace officer and may enter upon any such premises for the purpose of determining whether or not there has been a violation of said section.

(Prior gen. code § 8-60.18)

In any prosecution charging a violation of this title by conducting an unauthorized commercial use in a residential district, proof by the people of the state of California that a particular vehicle described in the complaint was parking contrary to the provisions of Section 17.52.130 by the operator or driver of said vehicle, truck or trailer, or by the owner, lessee, tenant or other occupant of the property so zoned, shall constitute a prima facie presumption that an unauthorized commercial use was made of the property.

(Prior gen. code § 8-60.19)

17.52.170 - Commercial vehicles—Parking in residential districts prohibited—Penalty.

Any other provision of this title to the contrary notwithstanding, every person convicted of parking on any street in violation of Section 17.52.130 shall be punished by a fine.

(Prior gen. code § 8-60.19.5)

(Ord. No. 2009-32, 7-21-09)

17.52.180 - Accessory uses.

In any district, an accessory use is permitted, subject to any special regulations for the district, and to the limitations set forth in this and the following sections, when located on the same premises as a lawfully existing principal use to which it is incidental and subordinate except as otherwise provided in Section 17.06.040O. No use shall be deemed to be or permitted as an accessory use which increases the number of dwelling units in any building or any lot beyond that which is permitted in the district. No recreation vehicle, travel trailer, cargo container, truck trailer, mobilehome, van or vehicle may be inhabited or lived in as an accessory use in any district unless specifically authorized under district regulations by a conditional use permit or administrative conditional use permit. Home occupations shall be governed by Section 17.52.220. The keeping of livestock or pets shall be governed by Sections 17.52.220 and 17.52.230.

(Ord. 93-86 § 2: prior gen. code § 8-60.20)

17.52.190 - Boarding stable.

"Boarding stable" means any premises where more than four horses not owned by the owner or occupant of the premises are boarded, kept, or otherwise maintained as contrasted with the open grazing or pasturing of horses.

(Prior gen. code § 8-60.20.5.1)

17.52.200 - Accessory uses—Restrictions from certain yards.

No accessory use conducted under the provisions of Section 17.52.180 of this chapter, involving any of the following, shall be conducted within a front yard or within a street side yard on a corner lot in any R or any A district:

A.

The repair, dismantling, or painting of motor vehicles or of electrical refrigerators, washers, dryers or other household appliances;

B.

Storage or display of equipment, appliances, tools, materials or supplies. (See also Section 17.52.330)

(Prior gen. code § 8-60.21)

(Ord. No. 2010-71, § 76, 12-21-10)

No home occupation shall be deemed to be, or permitted as an accessory use to a dwelling in any R or in any A district which involves or requires any of the following:

A.

The employment of outside help in the dwelling or on the premises, other than domestic servants;

B.

Any alteration or installation of appliances, equipment or facility of a nonresidential character to a dwelling or to an accessory building;

C.

Any outdoor storage or display of equipment, appliances, tools, materials or supplies;

D.

Maintenance on the premises for sale or rental of any stock of goods, which are not homemade;

E.

Results in on-street parking or the generation of pedestrian or vehicular traffic beyond that normal to the district, or the parking of any commercial vehicle in violation of Section 17.52.130;

F.

The generation of noise, glare, vibration, odor or electrical disturbance perceptible at or beyond the lot lines;

G.

Any use of the front yard or side yard for construction or repair or dismantling or the use in the aggregate of an area greater than one-fourth of the area of the dwelling unit;

H.

Any sign other than the name plate permitted in the district;

I.

1.

The conduct of: a) massage establishment, b) barber shop, c) beauty shop, or d) real estate office;

2.

The raising for sale of animals, bees or birds; or

The teaching of dancing, music or swimming to an assembled class of more than two pupils;

J.

The repair, servicing, painting or dismantling of motor vehicles or of electrical refrigerators, washers, dryers, or other household appliances;

K.

The renting of rooms and the providing of table board for more than four persons, or if licensed by the State Department of Mental Health for more than five persons;

L.

The provision of day care for more than six children.

(Prior gen. code § 8-60.22)

(Ord. No. 2010-71, § 77, 12-21-10; Ord. No. 2017-35, § 2, 9-12-17; Ord. No. 2018-18, § 2, 5-8-18)

Recreation facilities on the premises for the use of the occupants and nonpaying guests are permitted, when qualified as accessory uses in any district. Private swimming pools shall be regulated as accessory structures and shall not be included in floor area ratio or floor space calculations but shall be located in the same two-acre building envelope as may be required for non-agricultural, residential, and residential accessory structures.

(Prior gen. code § 8-60.23)

(Ord. No. 2025-40, § 1, 7-10-25)

17.52.230 - Accessory uses—Pets, livestock, bees, exotic animals.

The keeping of pets, livestock, bees and exotic animals for which a permit has been obtained in accordance with applicable regulations are permitted in addition to those animals otherwise permitted by this title.

(Prior gen. code § 8-60.25)

Firework stands for which a permit has been obtained in accordance with applicable regulations and for which zoning approval has been received are permitted in any C or M zoning district.

(Prior gen. code § 8-60.25B)

17.52.260 - Accessory buildings.

Every accessory building attached to a main building shall be subject to all the requirements of this title applicable to the main building. No detached accessory building in an R district shall be located within six feet of any other building on the same lot, or have more than one story or a height in excess of fifteen (15) feet.

(Prior gen. code § 8-60.26)

No accessory building shall be located between the street lot line and any special building line established pursuant to Chapter 17.102 or any future width line established by ordinance, which traverses the building site. No accessory building in any R district shall be within six feet of the side line of the front half of any abutting lot, or occupy the front half of a lot, or either front quarter of an interior lot abutting two streets, provided; however, that this restriction shall not require any accessory building to be more than seventy-five (75) feet distant from any street lot line.

(Prior gen. code § 8-60.27)

(Ord. No. 2010-71, § 78, 12-21-10)

On a corner lot which abuts a key lot no accessory building shall be nearer the street side lot line than a distance equal to the depth of front yard required on the key lot; provided, however, that this restriction shall not be so applied as to reduce the permitted depth of the accessory building to less than twenty (20) feet. Where the rear lot line of a corner lot in an R district abuts the rear lot line of another lot, no accessory building shall be nearer the street side lot line than the main building or in any case be located less than ten feet from the side lot line.

(Prior gen. code § 8-60.28)

In any R district, cargo containers, truck trailers, vans, commercial vehicles and similar moved-on containers shall not be permitted as temporary or permanent structures of any type. This section shall not prohibit a moved-on mobilehome as specified under Section 17.04.010 or a temporary use as provided by Section 17.52.470.

(Prior gen. code § 8-60.29)

Except as otherwise provided in Section 17.52.310 no private garage in any R district shall be so located upon a lot that the door providing vehicular access thereto is within twenty (20) feet of any lot line of such lot toward which the door faces.

(Prior gen. code § 8-60.30)

17.52.310 - Accessory building—In front yard.

In any R district or A district, where the slope of the natural ground in the required front yard of the lot exceeds a rate of one foot rise or fall for each four feet from the established street grade at the front lot line, or where the ground elevation at the front lot line is five feet or more above or below the established street grade, a private garage or required parking space may be located in a required front yard; provided, however, that no such garage or required parking space shall occupy an area between the front lot line and any special building line, future width line or official right-of-way line established by ordinance.

(Prior gen. code § 8-60.31)

Detached accessory buildings in an R district may occupy up to a maximum of thirty (30) percent of the area of a required rear yard, provided that the maximum thirty (30) percent of coverage provision shall not apply to private swimming pools.

(Amended during 1996 codification; prior gen. code § 8-60.32)

In order to secure minimum basic provision for light, air, privacy and safety from fire hazards, it is required that every building hereafter constructed shall be upon a building site of dimensions such as to provide for the yards specified for the district in which the lot is located, and the following sections shall apply and control. Every such yard shall be open and unobstructed from the ground upward, except as otherwise provided for accessory buildings in Sections 17.52.270, 17.52.310 and 17.52.320, for fences in Section 17.52.410 and for other buildings in Section 17.52.370 and for signs as regulated by Section 17.52.520 and Section 17.52.470. Except as provided by Sections 17.30.140 and 17.30.150, no mobilehome, recreational vehicle, utility trailer, unmounted camper top or boat shall be stored in the front yard or the required side yard in any R district.

(Prior gen. code § 8-60.33)

(Ord. No. 2010-71, § 79, 12-21-10)

Every front yard shall have a depth equal to or greater than that required for the district and shall extend across the full width of the front of the building site. Every rear yard shall have a depth equal to or greater than that required for the district and shall extend across the full width of the rear of the building site. Every side yard shall have a width equal to or greater than that required for the district and shall extend along the side lot line from the front lot line to the rear lot line.

(Prior gen. code § 8-60.34)

The measurement of the required depth of a rear yard or the required width of an interior side yard shall be horizontal and inward from the lot line at a right angle. Where the side lot lines converge, or nearly converge, a line ten feet long within the lot, parallel to the front lot line and at a maximum distance therefrom shall be deemed to be the rear lot line for the purposes of this section.

(Prior gen. code § 8-60.35)

The measurement of the required depth of a front yard, or the required width of the street side yard of a corner lot, shall be horizontal and inward from the street lot line at a right angle; provided, however, that where any official right-of-way line, or any future width line pursuant to Chapter 17.102, traverses the building site, the measurement here specified shall be taken from such right-of-way line, such future width line or from the street lot line, whichever produces the lesser yard. Through lots have two front lot lines, from each of which a front yard shall be measured.

(Prior gen. code § 8-60.36)

(Ord. No. 2010-71, § 80, 12-21-10)

The following features of a building hereinafter set forth may project into a required yard to the extent specified:

A.

Eaves, or any other architectural features may project beyond the front, rear, or side wall a distance not greater than two feet;

B.

A landing place, or uncovered porch, and stairway leading thereto which serves a dwelling unit entrance not greater than six feet above the ground level, may project into a required yard a distance not greater than three feet;

C.

A building wall encroaching two feet or less into a required yard may be extended so as to continue the same building wall line but may not reduce said required yard to a dimension less than that previously provided.

(Prior gen. code § 8-60.37)

In calculating the percentage of lot coverage, the area at ground level of all roofed buildings on the premises shall be included as coverage, excluding the architectural and other features listed in Section 17.52.370.

(Prior gen. code § 8-60.50)

Where the district regulations specify a minimum of useable open space for each dwelling unit or a building site, the calculation of useable open space shall be made by deducting from the total area of the building site: (A) all the area included as coverage pursuant to Section 17.52.380; (B) all areas paved to provide parking spaces, required driveways and maneuvering areas; (C) any remaining area having a ground slope in excess of twenty (20) percent; and (D) any open space less than ten feet in its least dimension. To the remainder may be added any roof top or outside deck spaces more than seven feet in least dimension which are directly accessible to and safely useable by occupants of the dwelling.

(Prior gen. code § 8-60.51)

17.52.400 - Yards—Official lines.

No building or structure shall be located on any lot or building site in the area between a street lot line and any official right-of-way line, future width line or special building line along the street which has been established by ordinance.

(Prior gen. code § 8-60.52)

17.52.410 - Fences, walls and hedges.

Fences, walls and hedges, as regulated in this and the following sections may occupy any yard and are required where specified in this title. The term "wall" as used in this connection shall not be deemed to apply to the wall of a building, or to the supporting portion of a retaining wall. The term "hedge" means cultivated plant growth along a line which is sufficiently dense to obstruct passage and visibility from one side to the other.

(Prior gen. code § 8-60.53)

17.52.420 - Hedges.

Where the side yard or rear yard of a C or M use abuts an R district, there shall be planted and maintained a hedge approximately four feet wide and six feet high along that property line of that C or M district parcel, except that within twenty (20) feet of a street lot line, the required hedge shall not exceed four feet in height.

(Prior gen. code § 8-60.54)

17.52.430 - Fences, walls and hedges—Height limitations.

The maximum permitted height of fences, walls and hedges, except as otherwise provided in Sections 17.52.420 and 17.52.440 shall be as follows:

A.

When located in a required yard on a corner lot and within thirty (30) feet of the intersection of the street lot lines or of the projections of such lines: Two feet, measured upward from the center line grade of the street opposite thereto;

B.

When located in a required rear or street side yard of a corner lot and within twenty (20) feet of the corner common to such a lot and a key lot at the rear: Four feet;

C.

When located in a required front yard other than as specified in subsection A of this section: Four feet;

D.

When located in any A or R district other than as specified hereinabove six feet;

E.

When located in any C or M district and within five feet of the boundary of any A or R district: Six feet high.

(Prior gen. code § 8-60.55)

17.52.440 - Fences, walls and hedges—Exceptions to height limitations.

The limitations on height specified in Section 17.52.430 shall not apply:

A.

Where a higher fence is required by any other ordinance of the county or by state or federal regulation;

B.

Where a higher fence is made a condition of approval of a conditional use or a variance pursuant to this title, provided that no such condition shall require or permit a fence having a height in excess of twelve (12) feet;

C.

To a fence around all or part of a tennis court, a playground or a swimming pool which is, at least in that portion which exceeds the applicable limitation, constructed of open wire or steel mesh capable of admitting not less than ninety (90) percent light as measured by a reputable light meter;

D.

An open wire fence up to six feet high in an A district.

(Prior gen. code § 8-60.56)

Except as otherwise specified in Section 17.52.430A, the height of a fence, wall or hedge shall be measured upward from the ground level beneath it; provided that where any fence, hedge, or wall in a required yard or along a lot line rises directly above or is parallel to and within six feet of the supporting portion of a retaining wall, one-half the supporting height of the retaining wall shall be deducted from the permitted height and the remainder measured upward from the level of the ground fill on the higher side;

and provided, further, that no fence or hedge shall extend upward from a retaining wall within thirty (30) feet of a street corner.

(Prior gen. code § 8-60.57)

Wherever a lot is occupied by a nonconforming, commercial or industrial use in an R district, a screening wall, fence, or hedge of the maximum permitted height is required along any rear or interior side lot lines thereof which abut any lot in an R district. This requirement shall not apply to that portion of any such lot line which is within two feet of the wall of a building on the lot and parallel to such line.

(Prior gen. code § 8-60.58)

Nothing in this title shall be construed to prohibit in any district a temporary building or use or trailer coach not used for residential purposes, necessary and incidental to construction of a building or group of buildings when located on the same lot and only during the period of construction.

(Prior gen. code § 8-60.59)

(Ord. No. 2010-71, § 81, 12-21-10)

In any district, any temporary use of a duration of sixty (60) days or less that is not categorically exempt from the requirements of an environmental impact report under the provisions of the county guidelines for the implementation of the California Environmental Quality Act shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130.

(Ord. 2002-60 (part): Prior gen. code § 8-60.60)

In any district minor temporary uses of land of a duration of sixty (60) days or less, except as otherwise provided herein, having negligible or no permanent effects on the environment that are categorically exempt from the requirements of an environmental impact report under the provisions of the county guidelines for implementation of the California Environmental Quality Act of 1970 including, but not limited to: Grand opening sales and displays, Christmas tree lots, neighborhood and church festivals, firewood sales lots in the A district (but no such permit shall be approved for a period to exceed one year), mobilehome occupancy for a period of one year during construction of permanent living quarters on the same premises in any A or R district, occupancy of a commercial office trailer for a period not to exceed one year in any C or M district, tract and sales office with accessory signs and directional tract signs during the period of construction and original sale of the buildings or lots in a new subdivision, shall be permitted only if an administrative conditional use permit is approved by the planning director. In addition to the above, the planning director may grant an administrative conditional use permit for a tent or canopy subject to the provisions of Sections 17.52.1110 through 17.52.1160. The planning director shall make such investigations as are necessary to determine whether or not the proposed use conforms or may be

conditioned to conform to the requirements and intent of this title. If from the information submitted or developed upon investigation, the planning director finds that compliance with the requirements and intent of this title would be secured, the administrative conditional use permit shall be approved. If it is found that such compliance is not secure, the permit shall be denied or approved subject to such specified conditions, changes or additions as will assure such compliance.

The order approving or disapproving an administrative conditional use permit shall become effective five days after the date of such action unless a written appeal is filed pursuant to and in compliance with Section 17.54.670.

(Ord. 2002-60 (part): Prior gen. code § 8-60.60.1)

(Ord. No. 2010-7, § 3, 2-9-10)

Once an administrative conditional use is established, all of the conditions specified in the permit's approval shall become operative and the violation of any of them shall constitute a violation of this title.

(Prior gen. code § 8-60.60.2)

A.

Purpose. The administrative minor use permit (AMUP) provides a process for reviewing uses that may be appropriate in the applicable zone but whose effects on a site and adjacent uses shall be subject to review and approval. The purpose of an administrative minor use permit is to provide flexibility and to reduce processing times for minor projects that are accessory to and consistent with permitted or conditionally permitted uses in the applicable zoning district.

B.

Review Authority. The application for an administrative minor use permit shall be reviewed and approved or denied by the planning director. A decision pursuant to this section shall be final, subject to appeal in compliance with Section 17.54.670 (Appeals).

C.

Types of Uses and Activities. An administrative minor use permit may be issued for the following types of uses and activities that are operating in conjunction with a permitted or conditionally permitted facility:

1.

Outdoor commercial, including but not limited to the uses described in subsections a through e below. Outdoor commercial uses shall be subject to any applicable county specific plan, which may prohibit or otherwise regulate such uses. Outdoor commercial uses shall not be allowed for a "microenterprise home kitchen operation" (MEHKO) pursuant to Assembly Bill 626 (AB 626) (2018).

This category includes, among other uses:

a.

Outdoor seating for dining purposes;

b.

Outdoor seating and meal service for on-site alcohol service with on-site meal service as defined by the California Department of Alcoholic Beverage Control (ABC) and in compliance with all applicable ABC licenses and requirements;

c.

Outdoor personal services (cosmetologists, barber shops, beauty salons, and other similar personal grooming services);

d.

Outdoor retail including merchandise display areas; and

e.

Outdoor fitness classes or training.

2.

Outdoor community facilities as defined by the Alameda County Zoning Ordinance, Section 17.04.010.

3.

Pop-up spaces and uses for food preparation and service or for retail.

4.

Mobile food, beverage or retail uses (e.g. food trucks) located at specified private property locations.

5.

Musical performances (including amplified music) accessory to an existing use.

6.

Minor façade changes including signage.

D.

Application Filing, Processing, and Review.

1.

Application Filing and Processing. The application shall be filed with the Alameda County Planning Department using the information and materials specified in the most up-to-date department handout for

an administrative minor use permit, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F (Required Findings), below.

2.

Application Review. Each application shall be reviewed by the planning director to ensure that the proposal complies with all applicable requirements of this code and any applicable specific plan or general plan. However, notwithstanding any provision in this code to the contrary, and to the extent required to facilitate an otherwise allowable use pursuant to subsection C above:

a.

Parking requirements may be reduced by up to fifty (50) percent for uses longer than seven consecutive days in duration or by up to one hundred (100) percent for uses seven consecutive days or fewer in duration.

b.

Permitted uses may occur outdoors on private property.

E.

Administrative Decision and Notice.

1.

Administrative Decision. An administrative minor use permit decision shall be issued without a hearing.

2.

Notice. Before a decision on an administrative minor use permit, the Department shall provide notice in compliance with Section 17.54.830(D) for similar approvals which do not require a public hearing. The notice shall state that the planning director will decide whether to approve or deny the administrative minor use permit application on a date specified in the notice and that the decision is appealable.

3.

Conditions of Approval. The planning director may add conditions of approval as necessary to ensure the use meets the required findings below.

4.

Administrative Minor Use Permits shall be subject to time limits and expiration listed in subsections a through e below. The permittee shall have no right to continue any uses approved pursuant to this section beyond the expiration date of the permit, including expiration pursuant to this subsection or subsection (G) (2), below.

a.

Outdoor commercial: Five years;

b.

Outdoor community facilities: Five years;

c.

Pop-up spaces and uses: One year;

d.

Mobile food, beverage, or retail uses (such as but not limited to food trucks): One year;

e.

Musical performances: One year;

f.

Minor façade changes including signage: No time limit.

5.

Administrative minor use permits shall be subject to periodic administrative review to determine conformance with the conditions of approval and to determine that the findings upon which the approval was based are still met.

F.

Required Findings. The planning director may approve an administrative minor use permit only after making all of the following findings:

1.

The proposed use is consistent with the general plan and any applicable specific plan;

2.

The design, location, size, and operating characteristics of the proposed activity will be compatible with the land uses in the vicinity;

3.

The site is physically suitable for the use in terms of:

a.

Its design, location, shape, and size, and the operating characteristics of the proposed use,

b.

Access to appropriate services, utilities, and public protection (e.g., fire and medical access, waste collection, and disposal);

4.

The site includes physical improvements and/or the permitted facility that are of a high-quality nature consistent with the immediate surroundings;

5.

Any new or modified signage conforms to requirements in the zoning ordinance and design guidelines included and any applicable specific plan; and

6.

The proposed use will not be inconsistent with applicable federal, state or local laws or regulations.

G.

Abandonment and Revocation.

1.

An Administrative minor use permit becomes null and void if not implemented within twelve (12) months following its effective date. The planning director may, without a hearing, extend the time to implement the use for a maximum period of one additional twelve (12)-month period only, upon application filed with the planning department before the expiration of the initial twelve (12)-month time period. Extensions will only be granted if the findings can still be made based on the existing conditions of the site and the use.

2.

If a use granted under an administrative minor use permit is abandoned for a period of six months, the administrative minor use permit shall expire. An applicant may apply for a new administrative use permit at any time following such expiration.

3.

Whenever the planning director determines that permit conditions have been or are being violated, the planning director may revoke or modify the administrative minor use permit. The planning director shall send a written notice of the revocation or modification to the permittee and the property owner by personal service or by prepaid certified mail, return receipt requested, to the permittee and property owner's notice addresses provided on the application. The notice must include:

a.

A statement that the permit is being revoked or modified under this chapter;

b.

The basis for the determination;

c.

A statement that the permittee may request a hearing before the planning commission per Section 17.54.070 on the revocation or modification by submitting a hearing request, in writing, to the planning department, within ten calendar days of the date of the notice;

d.

A statement that the failure to request a hearing on the notice of suspension or revocation will constitute a waiver of all hearing and appeal rights, and the suspension or revocation will be final; and

e.

Signature of the planning director or designee making the determination.

4.

Service of notice shall be deemed complete at the time of personal service or the time the notice is deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder.

5.

If the permittee requests a hearing within ten days, the planning director shall set a date for a public hearing upon the proposed revocation or modification before the planning commission.

6.

The hearing notice shall be served on the permittee and property owner's notice addresses at least ten days before the date of the hearing, and specify the date, time, and place when and where it will be held.

H.

Penalty for Violations.

1.

The violation by any person of any provision of this section or condition of an administrative minor use permit granted under the terms of this section is an infraction and subject to enforcement pursuant to Chapters 17.58 and 17.59 of this code (with the exception of enforcement as a misdemeanor).

2.

Each person is guilty of a separate offense for each and every day during any portion of which a violation is committed, continued, or permitted, and shall be punished accordingly.

(Ord. No. 2021-56, § 2, 12-21-21)

For the purpose of this title, additional types of signs are distinguished and defined and shall be subject to the regulations specified for each. The word "illuminated" when used in reference to signs shall mean giving forth direct artificial light, and shall not refer to light cast upon a sign from an outside source. Where the

aggregate area of signs is limited, all faces of a sign shall be included in the calculation. Where two advertising signs are located on the same supporting members and the two faces of the signs are at no point more than two feet from one another, each face shall be considered a single sign.

(Prior gen. code § 8-60.61)

A.

General Provision. Notwithstanding any other provision in Title 17, no person shall install, move, alter, expand, modify, replace or otherwise maintain or operate any billboard or advertising sign in the unincorporated area of Alameda County, except:

1.

Those billboards or advertising signs which legally exist as of the time this section is first adopted;

2.

Those billboards or advertising signs for which a valid permit has been issued and has not expired;

3.

Pursuant to an agreement relocating presently existing, legal billboards or advertising signs pursuant to Business and Professions Code Section 5412; provided that every billboard or advertising sign relocated pursuant to a relocation agreement shall fully comply with the site development review process and criteria in Sections 17.54.220 and 17.54.226, further provided such signs are located:

a.

On a parcel that does not contain residential or agricultural uses,

b.

On or adjacent to a parcel with interstate or primary highway frontage,

c.

Within six hundred sixty (660) feet of the edge of the right-of-way of an interstate or primary highway, and

d.

In a manner consistent with adopted Scenic Corridor (SC) overlay zones, as required by section 17.30.190; or

4.

As required under federal or state law.

For purposes of this section, "billboard" shall mean a permanent structure or sign used for the display of offsite commercial messages and shall include and be synonymous with "advertising sign" as that term is defined in Section 17.04.010.

B.

Purpose. The purpose and intent of this section is:

1.

To protect and advance the county's interests in community aesthetics by the control of visual clutter, protection of scenic corridors, pedestrian and driver safety, and the protection of property values;

2.

To implement the county's general plan by insuring that billboards and advertising signs within the county's unincorporated area are compatible with their surroundings and are in keeping with the goals and objectives of the those plans; and

3.

To maintain the attractiveness and orderliness of the county's unincorporated area's appearance.

C.

Substitution of Messages. Subject to the property owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message in an advertising sign, provided that the sign structure or mounting device is legal, without consideration of message content. Such substitution shall not involve an addition to, enlargement of, or other modification or change in use of the advertising sign other than the message substitution. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this section. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, lot or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; does not allow the substitution of an off-site commercial message in place of an on-site commercial message; and does not allow one particular on-site commercial message to be substituted for another without a permit.

D.

Removal of Existing Billboards and Advertising Signs.

1.

In accordance with California Business and Professions Code Section 5412.1, those billboards or advertising signs meeting all of the following criteria shall be removed within the time periods set forth below without compensation:

a.

The billboard or advertising sign is located within an area shown as residential in the county's general plan;

b.

The billboard or advertising sign is located within an area zoned for residential use;

c.

The billboard or advertising sign is not located within six hundred sixty (660) feet from the edge of the rightof-way of, and the copy is visible from, an interstate or primary highway, nor is placed or maintained beyond six hundred sixty (660) feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way; and

d.

The billboard or advertising sign is not required to be removed because of an existing overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.

2.

Any billboard or advertising sign meeting all criteria listed in subsection (D)(1) of this section shall be removed at the close of the amortization period listed below:

The amounts provided in this section shall be adjusted each January 1st after January 1, 1983 in accordance with the changes in building costs as indicated in the United States Department of Commerce Composite Index for Construction Costs.

E.

Determination of Fair Market Value. The director of the Alameda County community development agency ("director"), or his/her designee, shall determine the fair market value ("FMV") of the billboard or advertising

sign and the resulting amortization period. The amortization period shall run from the date of the notice of amortization, which shall be sent to billboard or advertising sign owners and underlying property owners via registered U.S. Mail. Underlying property owners, for the purposes of this section, are those names contained on the latest available equalized assessment role. Failure to receive the notice of amortization shall not invalidate or otherwise affect the amortization period.

F.

Administrative Appeal Procedure.

1.

Any interested party may appeal a determination of FMV or the resulting amortization period to the board of supervisors by filing an appeal with the clerk of the board. That appeal must be in writing and must be actually received by the clerk of the board no later than 5:00 p.m. on or before the 45th calendar day following the date of mailing of the notice of amortization.

2.

The written appeal shall identify the specific grounds for the appeal and state whether, for example, appellant is asserting there was an error or abuse of discretion by the county or that the county's determinations are not supported by the evidence in the record. The burden is on the appellant to provide sufficient evidence and argument to overturn the county's determinations. In addition, the appellant shall include the following information in the written appeal:

a.

Location and identification of specific billboard or advertising sign under appeal;

b.

Specific determination(s) of the county being challenged;

c.

Current photograph of billboard or advertising sign;

d.

Legal argument and factual evidence, including all relevant documentation, supporting the appeal including, without limitation, building permits (if applicable) and repair and/or improvement records.

The county may request additional information as it deems reasonably necessary to evaluate the appeal.

3.

Failure to timely file an appeal will result in a waiver of any rights to further challenge the county's determinations contained in the notice of amortization.

Appeal Fee. Established per fee schedule.

5.

Notification of Completeness. The county will notify appellant within twenty (20) business days of actual receipt of the written appeal whether the appeal application is deemed complete. The county's failure to notify appellant within said time period will result in the application being deemed complete, except that the county may subsequently request additional information it deems reasonably necessary in order to evaluate the appeal.

6.

The board of supervisors shall promptly provide appellant with a written decision on the appeal, but in no event later than ninety (90) calendar days after notifying the appellant that the appeal is complete or, in the case when the application is deemed complete, after the date the application is deemed complete, unless an extension is agreed to by the appellant. Requests by the county for additional information after the application has been deemed complete will not modify the timing of the ninety (90) day period during which the written determination is being made, provided that the appellant responds in a timely manner to the county's request. Failure of the county to timely issue a written decision shall result in granting of the appeal.

7.

The written decision of the board of supervisors is final and not administratively appealable.

G.

Severance. If any section, sentence, clause, phrase, word, portion or provision of this section is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this section which can be given effect without the invalid portion. In adopting this section, the board of supervisors affirmatively declares that it would have approved and adopted the section even without any portion which may be held invalid or unenforceable.

(Ord. No. 2008-59, § 1, 9-9-08; Ord. No. 2010-49, § 12, 9-14-10; Ord. No. 2019-2, § 2, 1-15-19)

The following signs are permitted in any district and may be located in required yards, other sign control provisions notwithstanding; and need not be included in any computation of permitted aggregate sign area.

A.

One unilluminated temporary sign, maximum one square foot in area, on each lot for up to ninety (90) days;

B.

House numbers, mail box identification, street names, "no trespass" signs, and other warning signs;

C.

Courtesy signs identifying a benefactor, a location of historic interest, or a statue or monument;

D.

One name plate, two square feet maximum area and shall not be illuminated;

E.

Pedestrian signs:

1.

Must be suspended from a canopy over a sidewalk which is directly in front of the door of the business thereby identified,

2.

Must be perpendicular to the business building wall,

3.

Must not be more than ten square feet in area if double-faced, five square feet in area if single-faced,

4.

Must provide a minimum of eight-foot clearance to the sidewalk below,

5.

Are limited to one per business per building elevation;

F.

Signs serving to direct the flow of pedestrian and vehicular traffic, with eight square feet per sign, except pavement markings which are not so restricted as to maximum area;

G.

Temporary nonstructural signs promoting public health, safety, or welfare programs and activities: Eight square feet aggregate area per lot;

H.

Temporary political sign(s) eighteen (18) square feet aggregate area per lot;

I.

Safe or lease sign, with two signs permitted per lot, six square feet maximum area per sign and shall not be illuminated; provided, however, that sale or lease signs in any C or M district shall not exceed twenty-four (24) square feet. One such sign may be placed for each one hundred (100) feet of street frontage;

J.

Subdivision sale, rent, or lease sign, to advertise the original sale, rent, or lease of buildings or lots in connection with a subdivision development: sixty-four (64) square feet plus on additional sign of like dimension for each thirty-five (35) lots or buildings for sale, rent, or lease, twenty (20) feet maximum height, and shall not be illuminated;

K.

Apartment rental sign, for apartment complexes of no less than five dwelling units: One sign, thirty-two (32) square feet maximum area, ten feet maximum height, shall not be illuminated; and shall be removed when initial occupancy occurs within eighty (80) percent or more of the dwelling units;

L.

A bulletin board used to display announcements relative to meetings held on the premises of a church, school, auditorium, or other place of public assembly, twenty-four (24) square feet in area, unless otherwise approved under a conditional use permit, variance, or site development review, attached to the wall or regulated as to height by those limitations on fences and hedges contained in Section 17.52.430;

M.

A directory or other exclusively informational listing of tenants' names attached to the wall at the entrance of a building, or if freestanding, regulated as to height by those limitations on fences and hedges contained in Section 17.52.430, and other provisions of this section notwithstanding, may not be located within a required front or street side yard, twelve (12) square feet maximum aggregate area;

N.

Identification sign, thirty-two (32) square feet maximum area unless otherwise approved under a conditional use permit, variance; or site development review or if freestanding, regulated as to height by those limitations on fences, walls, and hedges contained in Section 17.52.430;

O.

Not more than two service station price signs thirty-two (32) square feet maximum aggregate area, six feet maximum height and may be attached to and made part of service station sign displace structure pursuant to Section 17.38.140;

P.

Signs located inside a building or structure, provided any such sign is neither attached to windows with its sign copy visible from the outside nor otherwise so located inside so as to be conspicuously visible and readable without intentional and deliberate effort from outside the building or structure, provided, however, that any sign or signs which in the aggregate have an area not exceeding twenty-five (25) percent of the window area from which they are viewed are also permitted and need not be included in any computation of permitted aggregate sign area;

Q.

Signs placed on or attached to bus stop benches or transit shelters in the public right-of-way either sponsored by, or placed pursuant to a contract with, AC Transit or another common carrier.

(Prior gen. code § 8-60.65)

(Ord. No. 2010-49, § 13, 9-14-10; Ord. No. O-2014-43, § 1, 11-4-14; Ord. No. 2016-51, § 2, 10-4-16)

Except where signs are listed as permitted uses, the following are conditional uses in any district, may be located in required yards, and shall be permitted only if approved as provided in Section 17.54.130:

A.

Community identification sign, one hundred twenty (120) square feet, twenty (20) feet maximum height, shall be located within one thousand (1,000) feet of the corporation boundary of the community to which the sign refers, illumination shall not be intermittent and sign copy shall be limited to:

1.

The name of the post office or offices serving the area; and/or community in which the sign is located;

2.

Information relating to the service clubs active in the area;

3.

Community slogans or mottos;

4.

Directional information.

(Prior gen. code § 8-60.65.1)

Signs pertaining to enterprises or occupants that are no longer using a property shall be removed from the premises or sign copy on such signs shall be obliterated, within thirty (30) days after the associated enterprise or occupant has vacated the premises. Other signs of a temporary nature (including political signs) shall be removed within fifteen (15) days following the event or election or other purpose served by the sign in the first instance.

(Prior gen. code § 8-60.65.2)

(Ord. No. 2010-71, § 82, 12-21-10)

Editor's note— Ord. No. 2019-2, § 3, adopted January 15, 2019, repealed § 17.52.550, which pertained to advertising signs adjacent to scenic routes and derived from prior gen. code § 8-60.67.

17.52.560 - Advertising signs adjacent to scenic routes—Scenic route corridors.

No advertising sign shall be located or constructed in any district in a scenic route corridor adopted as part of the specific plan for areas of environmental significance.

(Prior gen. code § 8-60.67.1)

17.52.565 - Advertising signs for tobacco products.

A.

Purpose. The primary purpose of this section is to promote the general welfare and reduce illegal use and purchase of tobacco products by minors. This is accomplished by limiting the exposure of minors to publicly visible advertising signs of tobacco products.

B.

Definitions. For purposes of this section, the following definitions apply:

1.

"Child day care center" shall have the same meaning as in Section 1596.750 of the California Health and Safety Code.

2.

"Library" means any public library dearly identified on the outside of the facility as library.

3.

"Playground" means any outdoor premises or grounds owned or operated by the county, a park or recreation district, a public or private school, child day care center, youth or recreational center, containing any play or athletic equipment used or intended to be used by minors.

4.

"Publicly visible" means visible to the public from any street, sidewalk, or other public thoroughfare, and includes the placement of outdoor signs such as billboards, signs attached to poles, posts or other fixtures, signs attached to the outside of buildings, signs placed in the windows or doors of buildings that are visible to passersby, and free-standing signs on the sidewalk.

5.

"Tobacco products" means any product that contains tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco, cigarette papers or other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco or any controlled substance.

6.

The verb "to place," and any of its variants, includes the erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening or affixing or making visible any advertising display on or to the ground or any tree, bush, rock, fence, post, wall, building, structure or thing.

7.

"School" shall have the same meaning as in Section 6.108.020M of this code.

C.

Tobacco Products Advertising Restrictions. No person or entity shall place any advertising sign in the unincorporated area of Alameda County promoting the sale of tobacco products that if the face of the advertising sign is publicly visible from any school, child day care center, outdoor recreation facility, playground, or library.

D.

Exceptions. This section shall not apply to the following:

1.

The placement of an advertising sign: (a) inside premises that lawfully sell tobacco products, including without limitation, any neon or electrically charged sign that is provided as part of a promotion of a particular brand of product, as long as it is compliant with the sign ordinance; or (b) on commercial vehicles used for the primary purpose of transporting tobacco products;

2.

Any tobacco products advertising sign located in an industrial zone (designated M-1, M-2, and M-P) or in a commercial zone (designated C-1, C-2, C-O, C-N, SO, Sand H-1) if the advertising sign is more than one thousand (1,000) feet from any school, child day care center, outdoor recreation facility, playground, or library;

3.

Any tobacco products advertising sign on a vehicle that provides public transportation, including taxicabs or busses;

4.

Notwithstanding the Federal Highway Beautification Act, any tobacco products advertising sign adjacent to and facing an interstate highway.

E.

Measure of Distance. The distance between any advertising sign and any school, child day care center, outdoor recreation facility, playground, library, or non-commercial or non-industrial zone shall be measured in a straight line, without regard to intervening structures, from the advertising sign to the closest property

line of the school, child day care center, outdoor recreation facility, playground, or library, or to the closest boundary of the zone.

F.

Construction. This section shall not be construed to permit any advertising sign that is otherwise restricted or prohibited by law. This section shall be construed to apply only to commercial speech.

G.

Administrative Enforcement. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this ordinance shall be subject to procedures contained in Chapter 59 of Title 17.

H.

Administrative Penalties. When an authorized enforcement officer finds that a violation of this section has taken place, the enforcement officer may assess or impose:

1.

Civil penalties pursuant to the standards and procedures established in Chapter 59 of Title 17;

2.

Administrative citations pursuant to the standards and procedures established in Chapter 59 of Title 17; and/or

3.

Property use limitations pursuant to the standards and procedures established in Chapter 54 of Title 17.

I.

Civil Actions. In addition to other remedies provided in this section, any violation of this section may be enforced by a civil action brought by the county. In such action, the county may seek, and the court shall grant, as appropriate, any or all of the following remedies:

1.

A temporary and/or permanent injunction;

2.

Assessment of the violator for costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for reasonable costs of preparing and bringing legal action under this subsection, including but not limited to attorney compensation;

3.

Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

J.

Continuing Violation. Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this section is committed, continued or permitted by the person and shall be punishable accordingly as herein provided.

K.

Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this section shall constitute a violation of such provision.

L.

Reinspection Fees. Whenever an authorized enforcement officer determines that upon reinspection of the premises there has been a failure to comply with any orders, notices or directions of the county, the enforcement officer may charge a reinspection fee.

M.

Remedies Not Exclusive. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. The enforcement officer shall have the discretion to select a particular remedy to further the purposes and intent of the section, depending on the particular circumstances. The enforcement officer's decision to select a particular remedy is not subject to appeal.

N.

Joint and Several Liability. The property owner and the advertising sign owner/operator shall be jointly and severally liable for violations of this section.

O.

Disclaimers. By prohibiting the advertising or promotion of tobacco products in outdoor or publicly visible locations, the county is assuming an undertaking only to promote the general welfare by discouraging and reducing the illegal purchase and use of tobacco products to minors. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person or entity who claims that such breach proximately caused injury.

P.

Severability and Validity. If any portion of this section or the application thereof to any person or entity or circumstances is declared invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this section and the application of such portions to other persons or circumstances are to be considered valid. To this end, the provisions of this section are severable.

(Ord. No. 2010-48, § 1, 9-14-10)

17.52.566 - Advertising signs for alcoholic beverages.

A.

Purpose. The primary purpose of this section is to promote the general welfare and reduce illegal consumption and purchase of alcoholic beverages by minors. This is accomplished by limiting the exposure of minors to publicly visible advertising signs of alcoholic beverages.

B.

Definitions. For purposes of this section, the following definitions apply:

1.

"Alcoholic Beverages" shall have the same meaning as in Section 6.104.040 of this code.

2.

"Child Day Care Center" shall have the same meaning as in Section 1596.750 of the California Health and Safety Code.

3.

"Library" means any public library clearly identified on the outside of the facility as a library.

4.

"Playground" means any outdoor premises or grounds owned or operated by the county, a park or recreation district, a public or private school, child day care center, youth or recreational center, containing any play or athletic equipment used or intended to be used by minors.

5.

"Publicly visible" means visible to the public from any street, sidewalk, or other public thoroughfare, and includes the placement of outdoor signs such as billboards, signs attached to poles, posts or other fixtures, signs attached to the outside of buildings, signs placed in the windows or doors of buildings that are visible to passersby, and free-standing signs on the sidewalk.

6.

The verb "to place," and any of its variants, includes the erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening or affixing or making visible any advertising display on or to the ground or any tree, bush, rock, fence, post, wall, building, structure or thing.

7.

"School' shall have the same meaning as in Section 6.108.020M of this code.

C.

Alcoholic Beverages Advertising Restrictions. No person or entity shall place any advertising sign in the unincorporated area of Alameda County promoting the sale of alcoholic beverages if the face of the advertising sign is publicly visible from any school, child day care center, outdoor recreation facility, playground, or library.

D.

Exceptions. This section shall not apply to the following:

1.

The placement of an advertising sign: (a) inside premises that lawfully sell alcoholic beverages, including without limitation, any neon or electrically charged sign that is provided as part of a promotion of a particular brand of product, as long as it is compliant with the sign ordinance; (b) on commercial vehicles used for the primary purpose of transporting alcoholic beverages; or (c) in conjunction with a one-day alcoholic beverage sales license or temporary license issued by the California Department of Alcoholic Beverage Control;

2.

Any alcoholic beverages advertising sign located in an industrial zone (designated M-1, M-2, and M-P) or in a commercial zone (designated C-1, C-2, C-O, C-N, SO, Sand H-1) if the advertising sign is more than five hundred (500) feet any school, child day care center, outdoor recreation facility, playground, or library;

3.

Any alcoholic beverages advertising sign on a vehicle that provides public transportation, including taxicabs or busses; and

4.

Notwithstanding the Federal Highway Beautification Act, any alcoholic beverages advertising sign adjacent to and facing an interstate highway.

E.

Measure of Distance. The distance between any advertising sign and any school, child day care center, outdoor recreation facility, playground, library shall be measured in a straight line, without regard to intervening structures, from the advertising sign to the closest property line of the school, child day care center, outdoor recreation facility, playground, or library.

F.

Construction. This section shall not be construed to permit any advertising sign that is otherwise restricted or prohibited by law. This section shall be construed to apply only to commercial speech.

G.

Administrative Enforcement. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this ordinance shall be subject to procedures contained in Chapter 59 of Title 17.

H.

Administrative Penalties. When an authorized enforcement officer finds that a violation of this section has taken place, the enforcement officer may assess or impose:

1.

Civil penalties pursuant to the standards and procedures established in Chapter 59 of Title 17;

2.

Administrative citations pursuant to the standards and procedures established in Chapter 59 of Title 17; and/or

3.

Property use limitations pursuant to the standards and procedures established in Chapter 54 of Title 17.

I.

Civil Actions. In addition to other remedies provided in this section, any violation of this section may be enforced by a civil action brought by the county. In such action, the county may seek, and the court shall grant, as appropriate, any or all of the following remedies:

1.

A temporary and/or permanent injunction;

2.

Assessment of the violator for costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for reasonable costs of preparing and bringing legal action under this subsection, including but not limited to attorney compensation;

3.

Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

J.

Continuing Violation. Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this section is committed, continued or permitted by the person and shall be punishable accordingly as herein provided.

K.

Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this section shall constitute a violation of such provision.

L.

Reinspection Fees. Whenever an authorized enforcement officer determines that upon reinspection of the premises there has been a failure to comply with any orders, notices or directions of the county, the

enforcement officer may charge a reinspection fee.

M.

Remedies Not Exclusive. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. The enforcement officer shall have the discretion to select a particular remedy to further the purposes and intent of the section, depending on the particular circumstances. The enforcement officer's decision to select a particular remedy is not subject to appeal.

N.

Joint and Several Liability. The property owner and the advertising sign owner/operator shall be jointly and severally liable for violations of this section.

O.

Disclaimers. By prohibiting the advertising or promotion of alcoholic beverages in outdoor or publicly visible locations, the county is assuming an undertaking only to promote the general welfare by discouraging and reducing the illegal purchase and consumption of alcoholic beverages by minors. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person or entity who claims that such breach proximately caused injury.

P.

Severability and Validity. If any portion of this section or the application thereof to any person or entity or circumstances is declared invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this section and the application of such portions to other persons or circumstances are to be considered valid. To this end, the provisions of this section are severable.

(Ord. No. 2010-47, § 1, 9-14-10)

Regulations that are part of an officially adopted specific plan shall take precedence over regulations required by this title.

(Prior gen. code § 8-60.69)

Except where they are listed in the district regulations as permitted uses, the following are conditional uses in any district and shall be permitted only if approved by the board of zoning adjustments, as provided in Section 17.54.130:

A.

Shelter;

B.

Temporary use as regulated in Section 17.52.480; and

C.

Church of wood frame or more lasting construction;

D.

Subdivision entrance structures;

E.

Group living quarters housing persons placed by an authorized agency for rehabilitation purposes and which is funded by or licensed by or is operated under the auspices of an appropriate federal, state or county governmental agency. These group living quarters are characterized by short-term nonmedical care occupancies as distinguished from those residential care facilities for the ambulatory aged licensed by the State Department of Social Services Agencies and as distinguished from those medical care facilities as licensed by the State Department of Health;

F.

Innovative or unconventional housing to alleviate homelessness where the project:

1.

Will address the housing needs of individuals or families experiencing homelessness;

2.

Is in an area near transit and services;

3.

Is secondary or ancillary to the primary use and is not located in the Ashland/Cherryland, San Lorenzo Village or Castro Valley Central Business District Specific Plan Areas;

4.

Will not impede local economic development; and

5.

May focus on unique needs of the occupants, such as income affordability (low-, very-low, or moderate income) or targeted populations (such as seniors or veterans).

(Ord. 2002-60 (part); Ord. 2000-53 § 1 (part); prior gen. code § 8-61.0)

(Ord. No. 2019-44, § 2, 10-15-19)

17.52.585 - Conditional use—Cannabis cultivation or combined cannabis operation.

A.

Cannabis cultivation and combined cannabis operations shall be permitted as conditional uses in the A district if approved by the board of zoning adjustments as provided in Section 17.54.130 and pursuant to Section 17.06.040(R) and (S), respectively.

B.

A cannabis cultivation permit or combined cannabis operation permit must be issued and any appeals finally determined in accordance with Chapter 6.106 or 6.109 of this code, respectively, prior to the hearing on an application for a conditional use permit pursuant to this section. A conditional use permit issued pursuant to this section shall be effective only during such time as the permittee also holds a valid and effective cannabis cultivation permit pursuant to Chapter 6.106 or combined cannabis operation permit pursuant to Chapter 6.109 and a valid and effective state license permitting the cannabis activities.

C.

Cannabis cultivation or combined cannabis operation uses approved pursuant to this section shall meet the criteria established by Section 17.06.040(R) or (S), respectively, Section 17.54.130, Section 17.54.140 and any criteria established for the district. In addition, no conditional use permit for cannabis cultivation or combined cannabis operation shall issue unless the following additional findings are made by the board of zoning adjustments based on sufficient evidence:

1.

The applicant has demonstrated an ability to provide effective security for the cannabis cultivation or combined cannabis operation site and to provide a safe environment for people working at the site;

2.

Theft and diversion of cannabis cultivated on the premises is prevented;

3.

Artificial light shall not escape structures used for cannabis cultivation (e.g. greenhouses) at a level that is visible from neighboring properties between sunset and sunrise. Lighting that is visible from the exterior of the cannabis cultivation area is prohibited, except such lighting as is reasonably utilized for the security of the premises;

4.

Any direct or sky-reflected glare or heat shall not be perceptible at any point outside of the cannabis Cultivation site;

5.

Noise or vibration, other than that related to transportation activities and temporary construction work, shall not be discernible without instruments at any lot line of the site;

Odorous gases or odorous matter shall not be emitted in quantities such as to be perceptible outside of the cannabis cultivation site;

7.

The discharge into any public sewer, private sewage disposal system or stream or into the ground shall not occur except in accordance with the standards approved by the State Department of Health, of any materials of such nature or temperature as to contaminate any water supply, interfere with bacterial processes and sewage treatment, or in any way cause the emission of dangerous or offensive elements;

8.

Any dust, dirt or particulate matter shall not be discharged into the air from any activity or from any products stored on the site; and

9.

The areas of the site to be actively used for cannabis cultivation activities are set back as follows:

a.

At least fifty (50) feet from any property line shared with an adjacent property with different ownership, unless waived in writing by the adjacent owner;

b.

At least three hundred (300) feet from any residence on an adjacent property with different ownership, unless waived in writing by the adjacent owner; and

c.

At least one thousand (1,000) feet from any school for pre-K to 12th grade students, licensed child or day care facility, public park or playground, drug or alcohol recovery facility or public recreation center.

D.

The planning director may establish additional performance standards and standard conditions providing detailed guidance for applicants and permittees. Permittees shall be required to comply with the performance standards and any conditions of approval applicable to a permit issued pursuant to this chapter.

(Ord. No. 2017-37, § 2, 9-12-17; Ord. No. 2018-24, § 2, 5-8-18; Ord. No. 2019-23, § 2, 6-18-19)

17.52.586 - Conditional use—Cannabis testing laboratory.

A.

A cannabis testing laboratory shall be permitted as a conditional use in the A district if approved by the board of zoning adjustments as provided in Section 17.54.130 and pursuant to Section 17.06.040(T).

B.

A conditional use permit issued pursuant to this section shall be effective only during such time as the permittee also holds a valid and effective state license for a testing laboratory pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

C.

Cannabis testing laboratory uses approved pursuant to this section shall meet the criteria established by Section 17.06.040(T), Section 17.54.130, Section 17.54.140 and any criteria established for the district. In addition, no conditional use permit for a cannabis testing laboratory shall issue unless the following additional findings are made by the board of zoning adjustments based on sufficient evidence:

1.

The applicant has demonstrated an ability to provide effective security for the cannabis testing laboratory site and to provide a safe environment for people working at the site;

2.

Theft and diversion of cannabis on the premises is prevented;

3.

Artificial light shall not escape structures used for cannabis testing at a level that is visible from neighboring properties between sunset and sunrise. Lighting that is visible from the exterior of cannabis testing structures is prohibited, except such lighting as is reasonably utilized for the security of the premises;

4.

Odorous gases or odorous matter shall not be emitted in quantities such as to be perceptible outside of the cannabis testing site;

5.

The discharge into any public sewer, private sewage disposal system or stream or into the ground shall not occur except in accordance with the standards approved by the State Department of Health, of any materials of such nature or temperature as to contaminate any water supply, interfere with bacterial processes and sewage treatment, or in any way cause the emission of dangerous or offensive elements;

6.

Any dust, dirt or particulate matter shall not be discharged into the air from any activity or from any products stored on the site; and

7.

The areas of the site to be actively used for cannabis testing Laboratory activities are set back as follows:

a.

At least twenty (20) feet from any property line shared with an adjacent property with different ownership, unless waived in writing by the adjacent owner;

b.

At least one hundred (100) feet from any residence on an adjacent property with different ownership, unless waived in writing by the adjacent owner; and

c.

At least one thousand (1,000) feet from any school for pre-K to 12th grade students, licensed child or day care facility, public park or playground, drug or alcohol recovery facility or public recreation center.

D.

The planning director may establish additional performance standards and standard conditions providing detailed guidance for applicants and permittees. Permittees shall be required to comply with the performance standards and any conditions of approval applicable to a permit issued pursuant to this chapter.

(Ord. No. 2019-23, § 2, 6-18-19)

17.52.590 - Site development review—All districts—When required.

In addition to the requirement for site development review as provided by other provisions of this title, site development review is additionally required as follows:

A.

Whenever a building site or site of a proposed use is located in an area of environmental significance, every structure requiring a building permit hereafter placed upon such site shall be subject to site development review, pursuant to Section 17.54.210, unless prior thereto zoning approval is granted upon the determination that the structure is for a minor project consistent with the objectives and policies of the specific plan establishing the area of environmental significance or unless the site and use have been the subject of a prior application such as subdivision, PD, or conditional use permit, under which environmental review has been completed and the specific plan has already been considered.

Such sites shall be subject to special regulations and policies which depend upon the nature of each area as set forth in the specific plan for areas of environmental significance.

B.

All structures to be moved onto property in the unincorporated area of this county shall be the subject of an approved site development review pursuant to Section 17.54.210.

C.

Whenever a satellite dish antenna is hereafter placed upon a building site in the following zoning districts: R-S, R-4, any C district, M-1 district.

D.

All structures and uses to be located on property shown on Assessors Map 96 Block 140 in the unincorporated area of Alameda County, Sunol, Pleasanton Township shall be subject to an approved site development review pursuant to Section 17.54.210.

(Prior gen. code § 8-61.2)

Site development review, pursuant to Sections 17.54.210—17.54.290, shall be required under the conditions of, and where specified by, an officially adopted specific plan.

(Prior gen. code § 8-61.3)

(Ord. No. 2010-71, § 83, 12-21-10)

Any use lawfully occupying a building or land which no longer conforms to the regulations of the district in which it is located due to the adoption of the zoning ordinance or a subsequent amendment thereto shall be deemed to be a nonconforming use, and may continue except as otherwise provided herein. Any lawfully existing building or structure which is wholly or partially used or designed for use contrary to the regulations of the district in which it is located, or which is by reason of its height or bulk, or with respect to the yards or parking spaces about it or in any other manner deficient with respect to such regulations, shall be deemed to be a nonconforming building, and may continue except as otherwise provided herein.

(Prior gen. code § 8-62.0)

A building lawfully constructed or a use lawfully occupying a building or land in accordance with the terms and conditions of a variance shall not be thereafter deemed to be nonconforming solely on the basis of a deficiency authorized by the specific variance granted.

(Prior gen. code § 8-62.1)

Any building for which a valid building permit has been issued prior to the time of any amendment of this title, may be completed and used in accordance with the approved plans; provided, that construction is diligently prosecuted to completion. Every such building shall thereafter be deemed to be a lawfully existing building and Section 17.52.610 of this chapter shall apply.

(Prior gen. code § 8-62.2)

No nonconforming use except as provided in Section 17.52.650 shall be enlarged or extended so as to occupy a greater area of land or of a building than that occupied at the time it became a nonconforming

use. Except as otherwise provided in Section 17.52.650 of this chapter, no nonconforming building shall be enlarged, extended or structurally altered unless the entire building and the use thereof is so changed as to be conforming in every respect. Except as otherwise provided in Section 17.52.660, no nonconforming use shall be changed to a different nonconforming use. The provisions of this section shall not apply to dwellings in the A district that are nonconforming solely because they were not subject to site development review pursuant to Section 17.06.090 of this title.

(Prior gen. code § 8-62.3)

(Ord. No. 2010-71, § 84, 12-21-10)

A nonconforming dwelling in any R or A district, where the nonconformity consists only of deficiency in yard dimensions or the required parking spaces and where no such deficiency exceeds fifty (50) percent of the requirements of the district, or any dwelling in an A district which is located on a building site of at least five acres, which parcel was of record prior to May 5, 1972, may be structurally altered or enlarged; provided, that any addition or enlargement shall itself be fully conforming and that the number of dwelling units therein shall not be increased.

(Prior gen. code § 8-62.4)

(Ord. No. 2010-71, § 85, 12-21-10)

A business conducted entirely within a building may change to a different business if the new business:

A.

Is among the "permitted uses" but does not require a conditional use permit in the zoning district in which it is to be located; or if in a residential zoning district and the existing nonconforming use and the new business are both "permitted uses" in the C-N (neighborhood commercial) zoning district; and

B.

Is to be conducted entirely within the building; and

C.

Does not require a greater number of off-street parking spaces or loading spaces than the former business; and

D.

Does not engage in the sales of alcoholic beverages; or, if existing nonconforming use engages in the selling of alcoholic beverages, does not expand in floor area, result in change in the classification of alcoholic beverages sold, including effective change or any up-grade of the state alcoholic beverage sales license, or substantially change the mode and character of operation, including, but not limited to, the addition of any type of entertainment, live or otherwise.

(Ord. 96-15 § 1 (part); prior gen. code § 8-62.5)

Ordinary maintenance and minor repair of a nonconforming building is permitted; provided, that the aggregate cost of the work done in any period of twelve (12) months on minor alterations or replacement of interior walls, fixtures or plumbing shall not exceed twenty-five (25) percent of the assessed value of the building according to the assessment thereof by the assessor of the county for the fiscal year in which the work was done, and provided further that neither the cubical content of the building nor the number of dwelling units therein shall be increased. The provisions of this section shall not apply to dwellings in the A district that are nonconforming solely because they were not subject to site development review pursuant to Section 17.06.090 of this title.

(Prior gen. code § 8-62.6)

The restoration and resumption of the former use of a nonconforming building that is damaged or partially destroyed by fire, explosion, Act of God or the public enemy to the extent of seventy-five (75) percent or less shall be permitted, provided that such restoration is permitted by the building code of the county and is started within one year after such damage and diligently prosecuted to completion. A nonconforming building that is completely destroyed, or damaged or partially destroyed to a greater extent than above specified, shall not thereafter be restored, except in full conformity with all the regulations of this title, except that dwellings in the A district that are nonconforming solely because they were not subject to site development review pursuant to Section 17.06.090 of this title, may be restored without regard to the extent of such damage. The proportion of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the building to its prior condition to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by the building official.

(Prior gen. code § 8-62.7)

Whenever a nonconforming use of land or of a building in any district is changed to a conforming use or abandoned for a continuous period of six months or more, such use shall not thereafter be reestablished, and any subsequent use of the premises shall be in conformity with all the regulations of this title. The provisions of this section shall not apply to dwellings in the A district that are nonconforming solely because they were not subject to site development review pursuant to Section 17.06.090 of this title.

(Prior gen. code § 8-62.8)

Any establishment with a nonconforming alcoholic beverages sales use that does not retain the same type of retail liquor license within a license classification or does not remain in continuous operation with no substantial change in mode or character of operation or both shall lose its nonconforming status, and shall not thereafter be reestablished, and any subsequent use of the premises shall be in conformity with all the regulations of this title.

A.

A break in "continuous operation" does not include a period of less than thirty (30) days, the suspension of business due to extraordinary circumstances beyond the control of the licensee, or a closure of up to one hundred eighty (180) days during the diligent pursuit of building repairs or remodeling undertaken pursuant to a valid building permit.

B.

"Substantial change in mode or character of operation" includes: (i) closure, abandonment, discontinuance, or suspension of the business for more than one hundred eighty (180) consecutive days; (ii) alteration of the premises that would result in an increase of more than ten percent of the existing gross floor area of all structures on the premises; (iii) revocation or suspension of the license by the Department of Alcoholic Beverage Control for a period of more than thirty (30) days; or (iv) conviction of the owner, operator, or licensee for violation of Health and Safety Code Sections 11350, 11351, 11352, 11550 or 11364.7 when the conviction relates to the premises or operation of the establishment.

C.

An action to revoke a nonconforming alcoholic beverages sales use under this section shall be taken by the board of zoning adjustments in whose jurisdiction the property is located pursuant to the procedures of the board of zoning adjustments.

(Ord. 2004-83 § 1)

17.52.700 - Licenses for nonconforming uses—Renewal, etc.—Conditional use permit.

In every case in which, under the provisions of any ordinance of this county in on August 1, 1946, a license or permit is required for the establishing, maintaining, or conducting of any business use and the business use exists as a nonconforming use under this chapter, then the license or permit shall not be authorized, issued, renewed, re-issued or extended for the business use unless and until a conditional use permit has been secured for the continued maintenance or conducting of the business use.

(Prior gen. code § 8-62.9)

(Ord. No. 2010-71, § 86, 12-21-10)

All signs, name plates, and their supporting members that did not comply with all provisions of this title as of May 10, 1969, shall be brought into compliance with the provisions of this title within the time limits set forth in this section:

Removal of a freestanding business sign three years; Removal of an advertising sign where not permitted five years;

provided, however, that any sign nonconforming in more than one respect shall be brought into compliance with the time limit of the greatest duration.

(Prior gen. code § 8-62.10)

All signs, name plates and their supporting members that were rendered nonconforming by Ordinance No. 74-1, effective February 8, 1974, and Ordinance No. 75-80, effective August 9, 1976, shall be brought into compliance with the provisions of this title on or prior to February 8, 1977. All signs, name plates and their supporting members that are rendered nonconforming by amendments to this title enacted subsequent to August 9, 1976, shall be brought into compliance with the provisions of this title within three years of the effective date of any such amendments.

(Prior gen. code § 8-62.11)

Signs and supporting members which are accessory to a business or industry existing as a nonconforming use in any A or R district are permitted subject to the sign regulation contained in Section 17.36.070.

(Prior gen. code § 8-62.12)

Signs accessory to a building located wholly or partially within a required yard may be located on such a building in accordance with the regulations of this title regardless of the building encroachment.

(Prior gen. code § 8-62.13)

Upon the effective date of the ordinance codified in this chapter, any person who claims or believes that he or she has established a legal nonconforming use to conduct firearms sales, including sales of ammunition, shall within ninety (90) days of the effective date of the ordinance codified in this chapter provide written evidence describing the extent and scope of such use to the board of zoning adjustments. If a legal nonconforming use has been established, continued firearms sales may continue if all applicable state and federal permits and licenses have been obtained and maintained in good standing, and a valid firearms

dealer's license has been issued by the County of Alameda. The nonconforming use may not be increased, enlarged or expanded without an additional land use permit as provided by this chapter and Chapter 17.54.

(Ord. 2002-60 (part): Ord. 98-53 § 1 (part))

17.52.750 - Parking and loading spaces.

There shall be provided and maintained in accordance with those regulations, off-street automobile parking and loading spaces for every building and use. No building or structure shall be erected or use established and no existing building shall be structurally altered, unless there be already in existence, or unless provision therefore is made concurrently with such erection or structural alteration or new use, the number of parking spaces and loading spaces necessary to meet the minimum requirements hereinafter set forth.

(Prior gen. code § 8-63.0)

The maintenance of the parking and loading spaces required shall be a continuing obligation of the owner of the real estate upon which the building or structure is located as long as the building or structure exists and the use requiring such space continues. It shall be unlawful for an owner of a building or structure affected by these requirements to discontinue, change or dispense with or to cause the discontinuance, sale or transfer of such building or structure, without establishing alternative spaces which conform to those requirements; or for any person, firm, or corporation to use such building or structure without providing such required parking or loading spaces, in compliance with these regulations.

(Prior gen. code § 8-63.1)

These regulations are intended to provide off-street spaces for the parking of the automobiles of tenants of the premises and visitors in the case of residential uses, and for clients, customers, employees and callers in the case of nonresidential uses. They are required to be kept accessible for these purposes continuously, and the use of any such required space or spaces, or of any driveway or maneuvering space necessary to provide access thereto for the storage of a trailer coach, boat, vehicle trailer, unmounted camper unit, or goods of any kind shall constitute discontinuance thereof in violation of Section 17.52.760.

(Prior gen. code § 8-63.2)

Every required parking space shall have a width not less than nine feet, and a length of not less than eighteen (18) feet, or be designed as specified in the Alameda County residential design guidelines, exclusive of maneuvering space and driveways which shall be provided as required to make each parking space independently accessible from the street at all times. Required off-street parking may be permitted in setback areas or through tandem parking, except that no required parking space shall occupy any required front yard or any required street side yard of a corner lot, or any required setback from a driveway or any part of a required loading space. Additionally required parking may not be located in a setback area or through tandem parking if specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. All required parking spaces shall be provided on the same building site as the use of building for which they are required.

(Prior gen. code § 8-63.4)

(Ord. No. 2017-13, § 2(Pt. 2), 4-25-17; Ord. No. 2026-1, § 3, 1-8-26)

In an R or A district, the width of the driveway hereafter provided shall not be less than shown in the following table opposite the number of off-street parking spaces served; provided that where a driveway is divided by a center strip, the width shall be not less than ten feet on each side, and provided that where a site plan is required to be approved a greater width of driveway may be required as a condition of approval:

(Prior gen. code § 8-63.5)

Except in A, R-1 and R-2 districts, wherever any such driveway passes by the wall or wall of a dwelling, the driveway shall be distant from such wall not less than ten feet. Every driveway adjacent to a pedestrian path or sidewalk running parallel thereto, shall have a curb or equivalent buffer not less than four inches high along that side of the paving.

(Prior gen. code § 8-63.6)

Subject to the same limitations as in Section 17.08.040C, the provision may be made upon a lot in an R district which abuts the building site upon which the use of building is located, upon approval as provided in Section 17.54.130 for a conditional use.

(Prior gen. code § 8-63.7)

Every required loading space shall be not less than ten feet in width and sixty (60) feet in length, and shall be clear to a height of not less than fourteen (14) feet. Every required loading space shall be on the same lot as the structure it serves or on an abutting lot and shall be continuously accessible from the street. No loading space shall occupy any part of a required parking space, or any required street side yard of a corner lot.

(Prior gen. code § 8-63.8)

A site plan showing the location of the existing and proposed building or buildings and other improvements, the location of all required parking and loading spaces, and all provisions for maneuvering space and access thereto from a public right-of-way including proposed curb cuts, shall be submitted and

approved as being convenient and functional prior to the issuance of a building permit. No approval of occupancy shall be issued upon completion of a building or structural alteration of a building or for any land use when no buildings are erected or altered, unless and until all such spaces as required and as shown upon approved plans and made a part of the building permit are in place and ready for use.

(Prior gen. code § 8-63.9)

All parking and loading spaces, access driveways, and maneuvering areas required by this title shall be graded and well drained and shall be maintained with all-weather dust-free surfacing. In all districts except A, R-1, or F-P districts they shall be paved with asphaltic concrete or Portland cement concrete. Whenever the exterior boundary of an open parking area providing space for five or more automobiles is less than ten feet from any other lot in an R district, such areas shall be screened therefrom by a solid masonry wall, a compact evergreen hedge or a fence having a height equal to the maximum permitted under Section 17.52.430. Lighting of parking and loading spaces shall be so arranged as to be directed downward and away from any residential area.

(Prior gen. code § 8-63.10)

(Ord. No. 2010-71, § 87, 12-21-10)

Whenever a parcel of land in an R district is lawfully used for parking and the parking facility is maintained to meet the requirements of this title for a use of building on an abutting lot in the same ownership, the requirements of Section 17.52.840 as to a separating fence, wall or hedge shall not apply to the line separating it from such lot.

(Prior gen. code § 8-63.11)

Nothing in this title shall be construed to prevent the joint use of parking or loading space for two or more buildings or uses if the total of such spaces provided is not less than the sum of the requirements for the individual uses computed separately in accordance with these regulations.

(Prior gen. code § 8-63.12)

When two or more uses occupy the same building or building site, the required number of parking and loading spaces shall be the sum of the requirements of the various uses computed separately. No parking or loading space required to be provided for one of such uses shall be considered as providing a required space for any other such use, except pursuant to and in conformity with the provisions of Section 17.52.880.

(Prior gen. code § 8-63.13)

Where an attested copy of a contract between the parties concerned is filed with the application for a building permit, which contract sets forth a valid agreement for joint use of parking spaces for the life of the buildings or uses concerned, the number of spaces required jointly for a place of assembly, the use of which is principally exercised during nonbusiness hours, and a business use or uses regularly closed at such times may be reduced so that the total equals whichever is reater of: (A) all the spaces required for the business use or uses plus one-half of the spaces required for the place of assembly, or (B) all the spaces required for the place of assembly plus one-half of the spaces required for the business use or uses.

(Prior gen. code § 8-63.14)

The number of parking and/or loading spaces required shall be as specified in the following sections for the various types of buildings and uses. When the calculation results in a fractional number, any fraction up to and including one-half shall be disregarded and any fraction over one-half shall be adjusted to the next higher whole number. In the case of a use not specifically mentioned in these regulations, the minimum number of parking and loading spaces required shall be the same as for a specified use found by the planning director to have similar characteristics in relation to the need for automobile parking and loading spaces.

(Ord. 2002-60 (part): Prior gen. code § 8-63.15)

For the purposes of calculating the number of parking spaces or loading spaces required, the term "floor area" shall mean the floor area of space used for service to the public as customers, patrons, clients, or patients, or occupied by tenants of the offices in the case of an office building. The term shall include floor area occupied by fixtures and equipment used for display or sale of merchandise; but shall not include floor space used for non-public purposes such as storage, incidental repair, processing or packaging of merchandise, show windows or offices incidental to the management or maintenance of stores or buildings. Floor space used principally for toilet or rest rooms, fitting or dressing or alteration rooms, for utilities and for parking or loading spaces within the building shall also be excluded from floor area.

(Prior gen. code § 8-63.16)

The number of parking spaces required for residential buildings shall be not less than as specified in Table 17.52.910, adjusting fractions pursuant to Section 17.52.890.

Table 17.52.910

(Prior gen. code § 8-63.17)

(Ord. No. 2012-58, § 18, 4-10-12)

The number of parking spaces required for places of public assembly shall be not less than specified in Table 17.52.920, adjusting fractions pursuant to Section 17.52.890.

Table 17.52.920

Parking Spaces Required for Places of Assembly

(Prior gen. code § 8-63.18)

(Ord. No. 2010-71, § 88, 12-21-10)

17.52.930 - Parking spaces required—Business establishments.

The number of parking spaces required for business establishments shall be not less than specified in Table 17.52.930, adjusting fractions pursuant to Section 17.52.890.

Table 17.52.930

Parking Spaces Required for Business Establishments

(Prior gen. code § 8-63.19)

(Ord. No. 2010-71, § 89, 12-21-10)

Every department store, freight terminal or railroad yard, hospital, industrial plant, manufacturing establishment, retail establishment, storage, warehouse, or wholesale establishment, which has an aggregate gross floor area of fifteen thousand (15,000) square feet or more, arranged intended or designed for such use, shall provide loading spaces in accordance with Table 17.52.940.

Table 17.52.940

Loading Spaces Required for

(Prior gen. code § 8-64.0)

Every auditorium convention hall, exhibition hall, mortuary, hotel, motel, multiple dwelling, office building, restaurant or sports arena, which has an aggregate gross floor area of one hundred thousand (100,000) square feet or more, arranged, intended or designed for such use, shall provide loading spaces in accordance with Table 17.52.950.

Table 17.52.950

Loading Spaces Required for Other Uses

(Prior gen. code § 8-64.1)

Within all residentially zoned districts and Planned Development (PD) districts with residential uses, garage conversions to non-garage uses shall not be permitted, except when all of the following conditions are met:

A.

When no other conforming building space is available on the property for conversion or addition into a nongarage space;

B.

When, after review of replacement design elements, the garage conversion is found to be architecturally consistent with the rest of the primary structure(s) located on the property;

C.

When the garage, if attached to the primary structure, includes an internal connection to the rest of the primary structure;

D.

When other conforming on-site parking space(s) is (are) available for replacement at a one-to-one ratio for the number of on-site parking spaces required by the zoning district and/or use;

E.

When there is evidence in the public record that all required conforming on-site replacement parking will be continuously maintained and readily accessible from the public right-of-way;

F.

When alternative, conforming enclosed storage space of adequate size is provided. Adequate storage space shall be as determined by the planning director or other decision body; and

G.

When the replacement storage space complies with the Neighborhood Preservation Ordinance standards (Chapters 6.64 and 6.65 of the Alameda County General Ordinance Code).

Applications for garage conversions that meet all of the conditions listed herein shall be processed per Section 17.54.220B of this title.

(Ord. 2004-97, § 2)

17.52.956 - Garage conversions—Compliance with performance standards.

All garage conversions shall be maintained in compliance with Title 6, Chapters 6.64 and 6.65, and in compliance with Section 17.52.955 of this title. Any violation of Chapters 6.64 and 6.65 and of Section 17.52.955 shall constitute a violation of this title.

(Ord. 2004-97, § 3)

The regulations set forth in this and the following sections shall apply to the operation of a facility for the refueling and lubrication of motor vehicles. Two types of facility are recognized in the district regulations: One, more restricted and herein designated as a service station Type A, and the other less restricted and herein designated as a service station Type B. Wherever a service station of either type is located adjacent to or opposite any R district, all exterior lighting shall be so installed as to be directed away from such R district. Along any boundary of a service station site which abuts any property in any R district, there shall be a solid masonry wall, a fence or a compact evergreen hedge, having a height equal to the maximum permitted under Section 17.52.430.

(Prior gen. code § 8-65.0)

(Ord. No. 2010-71, § 90, 12-21-10)

Wherever a service station Type A is permitted by the district regulations, a service station Type B shall be deemed to be excluded. Every service station Type A shall be subject to the following limitations and requirements:

A.

The building site shall have an area not less than ten thousand (10,000) square feet, with an effective lot frontage on at least one street, not less than one hundred twenty (120) feet;

B.

The lot coverage, calculated as provided in Section 17.52.380 shall not exceed twenty (20) percent;

C.

No building shall be less than forty (40) feet from any street line;

D.

All operations except those related to the actual refueling process, shall be conducted within a building;

E.

There shall be provided, and maintained with planting a strip not less than six feet wide along all lot lines abutting any property in an R district.

(Prior gen. code § 8-65.1)

Uses accessory to service station Type A may include minor servicing of brakes and electrical equipment, the focusing of headlamps by adjustment, battery changing and the cleaning, adjustment and replacement of lights, spark plugs, distributor points and fan belts. The following accessory uses are prohibited: sale of any alcoholic beverage; repair or reconditioning of the chassis, the engine, the body or the fenders of a motor vehicle; battery repair or rebuilding; valve grinding; welding, tire recapping; body painting; steam cleaning; car washing with mechanical equipment; upholstery repair or replacement; or the display outside a building of used vehicles, parts, parts of vehicles or tires for sale.

(Prior gen. code § 8-65.2)

Wherever a service station Type B is permitted by the district regulations, the uses and restrictions set forth in Sections 17.52.970 and 17.52.980 are modified to the following extent: accessory uses may also include services and repair facilities not prohibited by the general regulations of the district within which the station is located; provided, however, such accessory uses shall not include the sale of any alcoholic beverage.

(Prior gen. code § 8-65.3)

The regulations set forth in this and following sections shall apply to the construction, maintenance and operation of mobilehome parks established after November 30, 1969, and to the expansion of any mobilehome park existing on November 30,1969.

(Prior gen. code § 8-70.0)

All mobilehome parks shall be on a building site having an area not less than five acres and a median lot width not less than three hundred (300) feet.

(Prior gen. code § 8-70.1)

Except as otherwise provided in a combining district or specific plan, the number of dwelling units permitted on a building site in a mobilehome park shall not exceed the number obtained by dividing the area in square feet of the building site by five thousand (5,000), disregarding any fraction.

(Prior gen. code § 8-70.2)

(Ord. No. 2012-58, § 19, 4-10-12)

Mobilehome sites shall have a minimum area of two thousand five hundred (2,500) square feet and a minimum width of thirty-five (35) feet.

(Prior gen. code § 8-70.3)

All utilities within the mobilehome park boundaries shall be underground.

(Prior gen. code § 8-70.4)

There shall be provided within the park a minimum of three hundred (300) square feet of common area for each mobilehome site. This area shall be divided in appropriate amounts for recreation areas and buildings, storage areas and utility areas with the recreation area provided at not less than two hundred (200) square feet per site. The common areas shall have a minimum width of ten feet and shall include no portion of the required front yard, roadways, parking areas, mobilehome sites or areas with a ground slope exceeding twenty (20) percent.

(Prior gen. code § 8-70.5)

The perimeter of the mobilehome park shall be surrounded by a fence equal to the height permitted by Section 17.52.430.

(Prior gen. code § 8-70.6)

(Ord. No. 2010-71, § 91, 12-21-10)

Pursuant to Section 17.52.910 (Parking spaces required—Residential buildings), every mobilehome site shall have two parking spaces. A mobilehome park shall also provide one parking space for every ten (10) mobilehome sites.

(Ord. No. 2012-58, § 20, 4-10-12)

17.52.1070 - Recreational vehicle parks.

The regulations set forth in this and following sections shall apply to the construction, maintenance and operation of recreational vehicle parks.

(Prior gen. code § 8-71.0)

All recreational vehicle parks shall be on a building site having an area not less than two acres and a median lot width not less than one hundred fifty (150) feet.

(Prior gen. code § 8-71.1)

Recreational vehicle sites shall have a minimum area of eight hundred (800) square feet and a minimum width of sixteen (16) feet.

(Prior gen. code § 8-71.2)

17.52.1100 - Reserved.

Editor's note— Ord. No. 2021-56, § 4, adopted December 21, 2021, repealed § 17.52.1100, which pertained to mobile outdoor businesses and derived from Ord. No. 2008-33 and Ord. No. 2010-71, adopted December 21, 2010.

The intent of this section is to set standards for tents and canopies to ensure that they are maintained in good condition and do not contribute to neighborhood blight, and to control their use as coverings or shelters for exterior residential purposes, assemblies, or commercial activities.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1115 - Exceptions.

The provisions of Sections 17.52.1110 and 17.52.1120 through 17.52.1150 shall not apply to:

A.

Tents or Canopies used for permitted agricultural uses; or

B.

Tents or canopies otherwise permitted pursuant to a conditional use permit, planned development permit, site development review for a principal use or structure, variance, or as otherwise permitted by this chapter.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1120 - Tents and canopies—Restrictions.

Tents and canopies shall be subject to the following restrictions, unless otherwise permitted pursuant to Sections 17.52.1115:

A.

All tents or canopies shall meet all fire department standards.

B.

All tents or canopies shall be maintained in good condition, including free of rips or tears.

C.

All tents or canopies shall be securely anchored to the ground or to a structure that is anchored to the ground at all times.

D.

At such time as a tent or canopy is removed the frame and all supporting members shall be removed as well.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1125 - Tents and canopies—Additional restrictions.

A.

Tents and canopies located on properties in those portions of the county subject to the east county area plan or measure D, or located on properties that are zoned agriculture (A) or in a planned development (PO) zoning district based on the agriculture zoning district, shall be subject to the following additional restrictions, unless otherwise permitted pursuant to Sections 17.52.1115 or 17.52.1130:

1.

A tent or canopy installed for a non-agricultural or non-residential use shall not remain erected for more than twelve (12) days out of any thirty (30) day period.

2.

A tent or canopy installed for a non-agricultural use shall cover no more than four hundred (400) square feet in total aggregate area.

3.

A tent or canopy shall not be located within a required setback.

4.

A tent or canopy used to cover a vehicle shall be located in the rear half of the residential building envelope.

For the purposes of determining thirty (30) days as required by Section 17.52.1125(A)(1), a full 30-day period shall need to elapse upon removal of the tent or canopy.

B.

Tents and canopies located on properties that are not in those portions of the county subject to the east county area plan or measure D, or not located on properties that are zoned agriculture (A) or in a planned development (PO) zoning district based on the agriculture zoning district, shall be subject to the following additional restrictions, unless otherwise permitted pursuant to Section 17.52.1115 or 17.52.1140:

1.

A tent or canopy shall not be taller than ten feet.

2.

A tent or canopy shall cover no more than two hundred (200) square feet in horizontal area, nor more than twenty (20) percent of the rear yard area, whichever is less. This limitation shall be aggregate of all tents and canopies on any single lot.

3.

A tent or canopy shall not be located within five feet of a side or rear property line.

4.

A tent or canopy shall be located within the rear half of the lot.

5.

A tent or canopy shall not be located within a required front or street side yard.

In those portions of the county subject to the east county area plan or measure D, or located within an agriculture (A) zoning district, or a planned development (PD) zoning district based on the agriculture zoning district, an administrative conditional use permit subject to the provisions of Section 17.52.490 is required for all tents or canopies provided for shelter or cover of persons for assemblies or commercial activities not requiring a conditional use permit, planned development permit, site development review, or variance, and that are installed for twelve (12) days or more out of any thirty (30) day period or are larger than four hundred (400) square feet in total aggregate area. On any parcel or adjacent parcels under common ownership or control, no such administrative conditional use permit shall be granted for a period greater than twelve (12) consecutive days out of any thirty (30) day period, nor shall more than six (6) such administrative conditional use permits be granted in any twelve (12) consecutive month period.

Notwithstanding the above, the planning director may grant a master administrative conditional use permit for a period not to exceed one calendar year for a greater number of events, up to a maximum of nine events per calendar year provided no event period allows for more than twelve (12) consecutive days out of any thirty (30) day period. The master permit may be approved provided that the applicant submits and the

planning director approves a specific calendar of events. The planning director shall have discretion to approve, approve with modifications, or deny any such master administrative conditional use permit. The planning director's decision may be appealed pursuant to Section 17.54.670.

The planning director may vary the provisions of section 17.52.1125(a), through the administrative conditional use permit, upon a finding that it would be consistent with the intent stated in Section 17.52.1110 and standards stated in Section 17.52.1135.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1135 - Tents and canopies—Administrative conditional use permit standards.

Any administrative conditional use permit pursuant to Section 17.52.1130 shall ensure the following:

A.

That the proposed tent or canopy meets all fire department standards;

B.

That the proposed tent or canopy is located so as to minimize visual and other impacts on adjacent properties;

C.

That the proposed tent or canopy is located such that it does not interfere with traffic flow or parking.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1140 - Tents and canopies—Site development review for accessory structure.

In addition to the requirements of Sections 17.52.1120 and 17.52.1125B, a site development review is required for all tents and canopies located on properties that are not in those portions of the county subject to the east county area plan or measure D, or not located on properties that are zoned agriculture (A) or in a planned development (PD) zoning district based on the Agriculture zoning district, and located in any C district, any PD district based on any C district, or any area of a specific plan designated for commercial uses. This requirement shall not apply to proposals for tents or canopies that are not otherwise part of a discretionary review permit.

The planning director may vary the provisions of Section 17.52.1125(B), through the site development review, upon a finding that it would be consistent with the intent stated in Section 17.52.1110 and standards stated in Section 17.52.1145.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1145 - Tents and canopies—Site development review for accessory structure standards.

Any site development review pursuant to Section 17.52.1140 shall ensure the following:

A.

That the proposed tent or canopy meets all fire department standards;

B.

That the proposed tent or canopy is located so as to minimize adverse visual and other impacts on adjacent properties;

C.

That the proposed tent or canopy is located such that it does not interfere with traffic flow or parking, and that the event for which it is approved does not cause traffic or parking impacts beyond the property lines;

D.

That the event for which the tent or canopy is approved meets all county department of environmental health requirements, as applicable;

E.

That the event for which the tent or canopy is approved meets all county building inspection department requirements, as applicable;

F.

That the event for which the tent of canopy is approved meets all sheriff's department requirements, as applicable;

G.

That the event for which the proposed tent or canopy is approved is limited to hours that are consistent with the surrounding area, as applicable; and

H.

That the event for which the proposed tent of canopy is approved minimizes impacts, including but not limited to noise, dust, glare and light pollution, or odors on adjacent properties, as applicable.

(Ord. No. 2010-7, § 4, 2-9-10)

Prior to approval of any administrative conditional use permit under Sections 17.52.1130 and 17.52.1135 or site development review under Sections 17.52.1140 and 17.52.1145, the planning director shall notify adjacent property owners and residents of the application and give them no less than ten days to comment on the application. No public hearing is required; however the planning director, in his or her sole discretion, may hold a public hearing prior to taking action on the application. Where the planning director holds a public hearing under this section, the provisions of Section 17.54.650 shall not apply.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1160 - Standards for emergency shelters—Purpose.

The purpose of this section is to establish the development standards for emergency shelters.

(Ord. No. 2012-58, § 21, 4-10-12)

17.52.1165 - Emergency shelter—Regulations.

Emergency shelters shall be subject to the following regulations and development standards:

A.

An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from county and state agencies or departments. An emergency shelter shall comply with all county and state health and safety requirements for food, medical, and other supportive services provided on-site;

B.

No Emergency shelter facility shall have more than sixty (60) beds;

C.

Each resident shall be provided a minimum of fifty (50) gross square feet of personal living space, not including space for common areas;

D.

Bathing facilities shall be provided in quantity and location as required in the California Plumbing Code (Title 24 Part 5), as amended, and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2), as amended;

E.

No individual or family shall reside in an emergency shelter for more than one hundred eighty (180) consecutive days;

F.

The operation of buses or vans to transport residents to or from off-site activities shall not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area, to the satisfaction of the planning director;

G.

The on-street parking demand generated by the facility due to visitors shall not be substantially greater than that normally generated by the surrounding residential activities, to the satisfaction of the planning director;

H.

Arrangements for delivery of goods shall be made within the hours that are compatible with and will not adversely affect the livability of the surrounding properties;

I.

The facility's program shall not generate noise at levels that will adversely affect the livability of the surrounding properties, and shall at all times maintain compliance with the county noise ordinance;

J.

Onsite management shall be provided twenty-four (24) hours a day, seven days per week. All facilities must provide a management plan to the satisfaction of the planning director that shall contain policies, maintenance plans, intake procedures, tenant rules, and security procedures;

K.

The facility is no closer than three hundred (300) feet from other emergency shelters unless findings can be made that such an additional facility would not have a negative impact upon residential activities in the surrounding area;

L.

On-site parking shall be provided in accordance with Section 17.52.910;

M.

The facilities shall provide exterior lighting in the parking lot, on building exteriors, and pedestrian accesses. All exterior lighting shall be down-cast and shall not illuminate above the horizontal. No light source shall be exposed above the horizontal, nor visible from neighboring residential use properties;

N.

Required yards shall conform with the R-4 zoning district yard requirements;

O.

A waiting and client intake area of not less than one hundred (100) square feet shall be provided inside the main building; and

P.

Violations of this section shall be subject to enforcement, penalties and abatement under Chapters 17.58 and 17.59 of this title.

(Ord. No. 2012-58, § 22, 4-10-12)

This section and the following sections shall be known as the unattended collection box ordinance of Alameda County.

(Ord. No. 2013-26, § 10, 7-16-13)

The purpose of the ordinance from which these sections were derived is to regulate the placement of unattended collection boxes within unincorporated Alameda County. The procedures and requirements of this chapter are enacted to:

A.

Promote the community's health, safety, and welfare by regulating unattended collection boxes for clothing or other salvageable personal property within the county.

B.

Ensure that unattended collection boxes do not pose a hazard to pedestrian and vehicular traffic.

C.

Ensure that material is not allowed to accumulate outside of the unattended collection boxes where it can be scattered by adverse weather conditions, animal contact, or human activities;

D.

Establish criteria that avoid attracting vermin, unsightliness, and public health or safety hazards.

E.

The ordinance from which these sections were derived shall also apply to parcels within a specific plan.

(Ord. No. 2013-26, § 10, 7-16-13)

"Permittee" means the property owner who has been issued a permit authorizing the placement of an unattended collection box.

"Property owner" means the person, entity, association, or organization who owns the real property where the unattended collection box is proposed to be located.

(Ord. No. 2013-26, § 10, 7-16-13)

A.

It shall be unlawful and a public nuisance to place, operate, maintain or allow unattended collection boxes on real property unless the property owner first obtains a conditional use permit pursuant to this chapter and sections 17.54.130 (Conditional uses), 17.54.140 (Conditional uses—Action), 17.54.150 (Conditional uses—Changes and renewals), 17.54.160 (Conditional uses—Combined applications), 17.54.170 (Conditions), 17.54.180 (Prior uses), and 17.54.190 (Conditional uses—Effective date) of the Alameda

County General Ordinance Code and the unattended collection box is placed, operated, and maintained in accordance with all provisions in this chapter.

B.

The permit application shall be made on a form provided by the county and shall include the following information:

1.

The name, address, e-mail, website (if available) and telephone number of the operator.

2.

The text of the disclosures that will be made on the unattended collection box as required in Section 17.52.1230(A)(3) and (A)(4).

3.

The physical address of the property owner's real property and a drawing sufficient to indicate the proposed location of the unattended collection box on the property owner's real property, as well as the size of the proposed unattended collection box, and consent of the property owner to place the unattended collection box on its real property.

C.

Reserved.

D.

The county shall not issue a permit unless:

1.

The applicant has submitted a complete and accurate application accompanied by the applicable fee.

2.

Written consent of the property owner is provided.

3.

The proposed location and placement of the unattended collection box on the Property Owner's real property is in compliance with all applicable laws.

E.

A permit issued hereunder shall be valid for one unattended collection box. A second unattended collection box may be approved only if the following findings are made:

1.

The daily collection of items from the unattended collection box fails to provide adequate overflow abatement.

The volume of materials collected daily, and for a period no less than thirty (30) days, would exceed the internal capacity of an unattended collection box that is eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep.

3.

The additional unattended collection box could be placed in accordance with Section 17.52.1220.

F.

No permittee shall transfer, assign, or convey such permit to another party.

G.

If approved, a permit for an unattended collection box shall be for a term not less than three years.

(Ord. No. 2013-26, § 10, 7-16-13)

A.

A permittee may apply for permit renewal by submitting to the county a renewal application and a deposit in an amount set by resolution of the board of supervisors before the expiration of the permit.

B.

The county may renew the permit if no circumstances existed during the term of the permit, at the time of submission of an application for renewal, or at any time during the review of the application for renewal, that are inconsistent with any finding required for approval of a new permit as specified in Section 17.52.1200 or that would justify the revocation of the permit as specified in Section 17.52.1240.

(Ord. No. 2013-26, § 10, 7-16-13)

A.

If during the term of the permit, a permittee desires to change the operator of the unattended collection box, would like to change the location of the unattended collection box or would like to place an second unattended collection box, the permittee may request a modification to the permit by submitting to the county an application and a deposit in an amount set by resolution of the board of supervisors.

B.

The county may approve the modification if no circumstances existed during the term of the existing permit, at the time of submission of an application for modification, or at any time during the review of the application for modification, that are inconsistent with any finding required for approval of a new permit as specified in Section 17.52.1200 or that would justify the revocation of the permit as specified in Section 17.52.1240.

C.

The in-kind replacement of an unattended collection box, that is operated by the same vendor and is positioned at the same location on the parcel as the previous unattended collection box placed in accordance with this chapter, shall not constitute a modification of a permit.

(Ord. No. 2013-26, § 10, 7-16-13)

A.

The permittee shall be responsible for operating and maintaining, or causing to be operated and maintained all unattended collection boxes located in the unincorporated Alameda County as follows:

1.

Unattended collection boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti.

2.

Unattended collection boxes shall be locked or otherwise secured.

3.

Unattended collection boxes shall contain the following contact information in two-inch font visible from the front of each unattended collection box: The name, address, e-mail, and phone number of the person(s) responsible for maintaining the unattended collection box.

4.

The front of every unattended collection box shall display conspicuously a statement in at least two-inch font that either reads, "this collection box is owned and operated by a for-profit organization" or "this collection box is owned and operated by a nonprofit organization." For purposes of this chapter, a commercial fundraiser shall be classified as a for-profit organization.

a.

If the unattended collection box is owned by a nonprofit organization, the front of the unattended collection box shall also display conspicuously a statement describing the charitable cause that will benefit from the items collected.

b.

If the unattended collection box is owned by a for-profit entity, the front of the unattended collection box shall also conspicuously display a statement that reads, "this collection is not tax deductible." If the unattended collection box is owned and operated by a commercial fundraiser, the commercial fundraiser may post notice of collections to a charitable cause only on the sides of the box. This notice shall always

be smaller in size than the for-profit entity's name and address and shall constitute only twenty-five (25) percent of the notice space of the box.

5.

Unattended collection boxes shall be serviced and emptied as needed, but at least every forty-eight (48) hours.

6.

Unattended collection boxes shall be no more than eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep.

7.

Unattended collection boxes shall be marked clearly to identify the type of material to be deposited.

8.

Unattended collection boxes shall be free of any advertising which is unrelated to the business of the operator of the unattended collection box.

9.

Unattended collection boxes shall remain only in the exact location for which they have been permitted and

may not be moved unless the box is entirely removed from the property or replaced with an identical box in the same location.

10.

Unattended collection boxes shall be located in a well lit area.

11.

Unattended collection boxes shall be subordinate to the principal use of the property.

B.

The permittee shall be responsible for maintaining or causing to be maintained a ten-foot area surrounding the unattended collection box. This area shall be free of any junk, garbage, trash, debris, or other refuse material as defined in Chapter 6.65 of the Alameda County Ordinance Code.

C.

The permittee shall be responsible for abating and removing all junk, garbage, trash, debris, and other refuse material as defined in Chapter 6.65 of the Alameda County Ordinance Code within the ten-foot area surrounding the unattended collection box within twenty-four (24) hours of written notice from the county.

D.

The permittee shall be responsible for all costs for abating and removing any junk, garbage, trash, debris and other refuse material as defined in Chapter 6.65 of the Alameda County Ordinance Code from the area surrounding the unattended collection boxes.

E.

It shall be unlawful for any party to place an unattended collection box in any district or any adopted specific plan area; provided, however, that the county may approve a permit for an unattended collection box on a parcel with a community facility as defined in Chapter 17.04 of the Alameda County General Ordinance Code.

F.

Unless a second unattended collection box has been permitted by the county, no unattended collection box shall be placed within two thousand five hundred (2,500) feet of another unattended collection box.

G.

No unattended collection box shall be placed in required parking spaces, required landscaping, setbacks, or the public right of way as defined in Title 17 of the Alameda County General Ordinance Code.

H.

No more than one unattended collection box shall be placed on each parcel of real property. If daily collection of items from this the box does not provide adequate overflow abatement, a permittee may apply for one additional box to relieve this issue as provided in Sections 17.52.1200 and 17.52.1220.

I.

The permittee shall provide information to the county regarding the quantity and type of materials collected from an unattended collection box. The permittee shall also specify the quantity and type of materials collected from the box that have been recycled, reused or discarded as waste. This information shall be provided annually and be submitted in the manner specified by the planning director.

(Ord. No. 2013-26, § 10, 7-16-13)

The board of zoning adjustments shall have the right to revoke any permit issued hereunder if any of the grounds to refuse issuance of the initial permit exists. In addition, the failure of the permittee to comply with the provisions of this chapter, or other provisions of this code or other law, shall also constitute grounds for revocation of the permit. The county shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended collection box shall be removed from the permittee's real property within thirty (30) calendar days and if not removed within this time period the county may remove and dispose of the unattended collection box at the permittee's sole cost and expense.

(Ord. No. 2013-26, § 10, 7-16-13)

Upon discovering the existence of unattended collection box on private property within the county lacking the required permit, the planning director or designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure outlined in Chapter 17.59 (Abatement).

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1260 - Removal of an unattended collection boxes by the property owner.

A.

A property owner who causes the removal of an unattended collection box shall send a written notice of removal to the address that is conspicuously displayed on the front of every unattended collection box pursuant to Section 17.52.1230. That notice shall be mailed within five days of removal and include the current location of the box. This paragraph shall not apply if no address appears on the front of the unattended collection box.

B.

Except as provided in subsection C, a property owner shall not have immunity from civil liability if he or she has given written consent for the unattended collection box to be placed on the private property.

C.

An owner of property who has given written consent for the placement of an unattended collection box on their property may rescind his or her consent by providing written notice of the rescission to the collection box owner or operator. For purposes of this subdivision, consent shall be deemed rescinded ten calendar days after the owner of private property deposits a written notice of rescission in the United States mail, postage prepaid, addressed to the address displayed on the unattended collection box pursuant to Section 17.52.1230.

D.

A property owner who causes the removal of an unattended collection box to a storage facility, or otherwise disposes of an unattended collection box, despite valid written consent from the property owner at the time of removal, shall be civilly liable to the owner or operator of the unattended collection box for four times the amount of the towing and storage charges, or one thousand dollars ($1,000.00), whichever is higher.

E.

Subsection D shall not apply to make a person liable for removal of an unattended collection box where removal is necessary to comply with enforcement of applicable permitting, zoning, or other local ordinances.

(Ord. No. 2013-26, § 10, 7-16-13)

Appeals shall be handled in accordance with Section 17.54.670 of this code.

(Ord. No. 2013-26, § 10, 7-16-13)

Any violation of the provisions of this section is a public nuisance and shall be subject to enforcement remedies, penalties, and abatement provided by Chapters 6.65, 17.58 and 17.59 of the Alameda County General Ordinance Code.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1290 - Implementation and construction.

A.

The provisions of this chapter shall apply to all unattended collection boxes located within unincorporated territory of the county as of the effective date of the ordinance which these sections were derived. All property owners of parcels on which unattended collection boxes exist as of the effective date of the ordinance which these sections were derived shall have sixty (60) days from that date to file a permit application as provided for in this chapter.

B.

Nothing in the ordinance which these sections were derived is intended to diminish or otherwise alter the requirements of any other federal, state, or municipal law governing regulation of unattended collection boxes.

(Ord. No. 2013-26, § 10, 7-16-13)

Unattended collection boxes located entirely within the interior of a building are exempt from the requirements of this chapter.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1310 - Auto repair uses in Castro Valley.

A.

Applicability. The regulations set forth in this section apply to auto repair uses, as well as any other use, such as auto dealerships or service stations, that perform auto servicing and repair as an accessory activity, within Castro Valley (areas within the Castro Valley Urbanized Area) and located directly adjacent to, or across the street from, a residential zone district.

B.

Discretionary Review.

An existing auto repair use may be expanded with approval by the planning director if total alterations result in no more than twenty (20) percent increase in the existing floor area of all buildings on a lot or lots.

2.

If total alterations to an existing auto repair use are greater than a twenty (20) percent increase in the existing floor area the application is subject to a conditional use permit.

C.

Operating Requirements.

1.

Repair of automobiles must be performed within enclosed buildings only.

2.

Storage or display of a product, trash, parts, all goods for sale, other than those required for the operation and maintenance of automobiles must be in an enclosed building.

3.

Operation within the use must not be detrimental to adjoining properties through the creation of excessive dust, noise, or odor.

D.

Lighting. Exterior lighting must be hooded or shielded so that the light source is not directly visible to an adjacent residential zone district.

E.

Landscaping.

1.

Area. A landscape area, a minimum width of five feet, is required:

a.

Along all street frontages of the lot or lots;

b.

Within any yard adjacent to a residential zone district; and

c.

On the perimeters of all parking areas that abut a residential zone district.

Area Exception. The portion of the lot line where an access driveway is required by the county, as determined by the planning director, is exempt from the landscape area requirement.

3.

Water Efficiency. Landscaping must be consistent with Chapter 17.64 (Water Efficient Landscape Ordinance).

4.

Maintenance. All landscaping, vegetation, and plantings must be maintained in a healthful and thriving condition at all times.

a.

Any damaged, dead, or decaying vegetation must be replaced by the equivalent vegetation of a size, form, and character which will be comparable at full growth.

b.

All landscaping must be adequately and efficiently irrigated. Irrigation systems and their components must be maintained in a fully functional manner.

F.

Site Maintenance. All areas of the site must be maintained free of debris, litter, graffiti or any inappropriate materials at all times. All asphalt, paving, and striping must be maintained in good repair to the satisfaction of the planning director.

G.

Parking and Screening.

1.

Parking area and auto storage space must be screened from view of abutting residential property in compliance with Sections 17.52.410 through 17.52.460.

2.

Long-Term Overnight Parking. Any vehicle, recreational vehicle, towing vehicle, and other similar vehicle associated with auto use must not be parked or stored on-site in the front of the lot overnight for a period of longer than two days in any seven-day period, unless enclosed within a structure, subject to active repair and maintenance by the business, or part of a display approved by the planning director.

3.

On-street parking may not be used to park or store vehicles associated with the use, including but not limited to towing vehicles, recreational vehicles, vehicles that are under repair or waiting for pick up by the customer, or other similar vehicles.

H.

Automobile Sales Prohibited. Parking or storage of vehicles on-site for sales purposes is prohibited.

(Ord. No. 2020-66, § 14, 12-15-20)

17.52.1330 - Day care centers in Castro Valley.

A.

Applicability. This section establishes regulations for day care centers in Castro Valley (areas within the Castro Valley Urbanized Area).

B.

Operating Requirements.

1.

Noise. Facility must limit noise levels from exceeding a LdN level of 55 db at the lot lines.

2.

Hours of operation must be limited to the hours of 6:30 a.m. to 6:00 p.m.

3.

Outdoor play time must be limited to the hours of 7:00 a.m. to 6:00 p.m.

4.

Playground apparatus (swings, jungle gym, etc.) must be located in the rear or side yards only.

C.

Lighting. On-site exterior lighting is allowed for safety purposes only, must consist of low wattage fixtures, and must be directed downward and shielded.

D.

Parking and Screening.

1.

Day care centers must include one parking space per each two employees, one space per company vehicle, and one space for every ten children at the facility.

2.

Parking, Drop-off Area. At least two (2) off-street parking spaces must be provided exclusively for dropping off and picking up children. Alternative parking and drop-off arrangements may be required by the planning

director based on traffic and pedestrian safety considerations.

a.

If the driveway is the designated parking area for the day care center, the driveway must remain clear and available for customers during hours of operation.

b.

A center located on a street with a speed limit of thirty (30) miles per hour or greater must provide a dropoff/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).

3.

All outdoor play area must be screened from view of street and any adjacent property owners through fencing and hedges in compliance with Sections 17.52.410 through 17.52.460.

(Ord. No. 2020-66, § 14, 12-15-20)

A.

Applicability. The regulations set forth in this section apply to community facilities in Castro Valley (areas within the Castro Valley Urbanized Area).

B.

Additional requirements when located in the C-N districts adjacent to a residential zone district:

1.

Operating Requirements.

a.

Community facility uses must incorporate screening, buffers, and other features to minimize adverse visual or noise impacts of the use on adjacent properties.

b.

Noise. The noise level of activities within community facility uses must not exceed a LdN level of sixty (60) db when measured at the property line that is across the street from or abutting a parcel zoned residential.

2.

Parking and Screening.

a.

Parking in the required front yard is prohibited.

b.

Parking and loading areas must be screened from view of street and adjacent property owners with landscaping or other screening in compliance with Sections 17.52.410 through 17.52.460.

c.

Outside Recreational Areas. All outdoor recreational areas must be screened from view of any adjacent residential uses through fencing and hedges in compliance with Sections 17.52.410 through 17.52.460.

C.

Accessory Uses. In Castro Valley (areas within the Castro Valley Urbanized Area), day care centers are permitted as an accessory use within an existing community facility use, subject to the requirements of Section 17.52.1330 (Day care centers in Castro Valley).

(Ord. No. 2020-66, § 14, 12-15-20)

17.52.1350 - Drive-in businesses in Castro Valley.

A.

Applicability. The regulations set forth in this section apply to drive-in businesses in the C-N districts in Castro Valley (areas within the Castro Valley Urbanized Area).

B.

Operating Requirements.

1.

Noise. Any drive-up or drive-through speaker system shall emit no more than sixty-five (65) decibels and at no time shall any speaker system be audible above daytime ambient noise levels beyond the property lines of the site. The system shall be designed to compensate for ambient noise levels in the immediate area.

2.

Deliveries. All deliveries made to drive-in businesses located on sites adjacent to residential zones must be scheduled during non-commute hours and periods of low activity at the restaurant between 8:00 a.m. and 11:00 a.m. and from 2:00 p.m. to 5:00 p.m.

C.

Drive-in Lanes.

1.

Drive-in lanes that are located less than fifty (50) feet from residential uses must be separated from existing residential uses by buildings, and/or extensively landscaped areas or decorative block walls approved by the Planning director.

2.

Drive-in lanes must be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-in lane do not overflow into the on-site parking aisles, public street right-of-way or public streets.

3.

Drive-in lanes must be shielded in a manner approved by the planning director to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-in site property.

D.

Accessways.

1.

Each developed site must not have more than two accessways to any one street except that the planning director shall have the right to prescribe additional requirements if it is deemed necessary that a change in the location and number of accessways will reduce the possibilities of traffic hazards.

2.

Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous four-foot-wide sidewalk or delineated walkway. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving.

E.

Lighting. All lighting or illuminated displays must be designed and maintained in a manner to prevent glare or direct illumination from intruding into any adjacent residential property.

F.

Restroom Locations. All restrooms (if required) must be located in and accessed from the interior of the structure.

G.

Parking and Screening. In addition to the requirements applicable to the zone district in which such use is located must also comply with the following:

1.

On-site parking must be provided for each employee on duty. The peak employment period must be used to determine the number of employee parking spaces.

2.

Drive-in restaurants must provide a minimum of two parking spaces for each one hundred (100) square feet of floor area.

3.

All trash areas must be fully enclosed and constructed of a material which shall be in harmony with the architecture of the building. Provisions for adequate vehicular access to and from such areas for the collection of trash and garbage must be provided.

(Ord. No. 2020-66, § 14, 12-15-20)

A.

Applicability. The regulations set forth in this section apply to commercial parking lots in the C-N districts in Castro Valley (areas within the Castro Valley Urbanized Area).

B.

Lighting. Lighting of outdoor parking areas must be designed and maintained in a manner to prevent glare or direct illumination from intruding into any adjacent residential property. A minimum of one-foot candle of illumination shall be provided throughout the parking area.

C.

Site Maintenance. The area must be kept free of debris and trash.

D.

Where pedestrian circulation crosses vehicular routes, a crosswalk, speed bumps, or signage must be provided to emphasize the conflict point and improve its visibility and safety.

E.

Parking and Screening.

1.

Parking lots must incorporate screening, buffers, and other features to minimize adverse visual or noise impacts of the use on adjacent properties.

2.

Parking facilities for six or more vehicles must be screened from view by a wall or hedge minimum three feet and maximum five feet tall, except if located adjacent to a residential district wall, or hedge must be a minimum six feet and maximum eight feet tall. The screening must be designed in such a manner to screen the parking from view and must not be closer than five feet to the street lot line.

3.

All new parking lots must be constructed with a landscaped buffer perimeter of no less than two feet.

Overnight parking prohibited.

(Ord. No. 2020-66, § 14, 12-15-20)

Chapter 17.54 - PROCEDURES

Sections:

The term "zoning approval" or "approved as to zoning" refers to and means an official notation by the planning director or his authorized representative upon a building permit, occupancy permit, or license, or upon a written request certifying that the use, building, or structure specified thereon is in conformance with the regulations and provisions of this title. Zoning approval shall be obtained for every new use of land, new building or structure that exercises a variance, conditional use, cluster permit, residential planned development district, quarry, or site development review. The zoning approval shall include reference to any limitations in conditions to which the approval is subject. Any application for a permit or license may be referred to the planning department for a report as to conformity with the regulations and provisions of this title.

(Prior gen. code § 8-90.0)

A zoning approval shall lapse and become void whenever the permit or license upon which it is given either lapses or is revoked. A zoning approval authorized for a variance or from a conditional use shall lapse and become void if not exercised within one year, unless otherwise specified in the authorizing action.

(Prior gen. code § 8-90.2)

Whenever zoning approval is found to have been obtained by fraud or to have been issued illegally or in error, it shall be revoked. Whenever a use covered by zoning approval or by any previously issued variance, conditional use permit or site development review is found to be exercised unlawfully or contrary to any condition or limitation of its issuance or to be exercised as to constitute a nuisance or to be detrimental to the public health or safety, the matter shall be reported to the code enforcement manager. The code enforcement manager shall make such investigations as are necessary to determine whether such conditions exist and, if so, shall set the matter for hearing. After a hearing conducted pursuant to Section 17.54.650 the planning director, upon recommendation of the code enforcement manager, may revoke any such zoning approval or any variance, conditional use permit or site development review unless the exercise thereof has been so altered as to eliminate cause for revocation. At the planning director's discretion, where the planning director feels that such revocation may have community or county-wide import, the planning director may transfer jurisdiction for such revocation to a board of zoning adjustments or the planning commission. Upon any such revocation, Section 17.58.050 shall control.

(Ord. 2002-60 (part): Prior gen. code § 8-90.3)

(Ord. No. 2010-71, § 93, 12-21-10)

The use of any land for the operation or maintenance of a quarry or a sand and gravel pit shall be governed by the provisions of Chapter 6.80 of this code, and the issuance of a permit by the board of supervisors, pursuant to the said Chapter 6.80 shall be required for every such use in lieu of the procedure set forth in this title for other uses of land.

(Prior gen. code § 8-90.4)

Whenever there is doubt as to the district classification of a use not listed in any part of this title, the planning department may refer the matter to the planning commission for action pursuant to Section 17.54.060. The referral shall include a detailed description of the proposed use.

(Prior gen. code § 8-91.0)

Upon referral as provided in Section 17.54.050, the planning commission shall consider the district classification of a use not listed in any part of this title, and shall make such investigations as are necessary to compare the nature and characteristics of the use in question with those of the listed uses in the various districts. If the use is found to be, in all essentials pertinent to the intent of this title of the same character as a permitted use in any district or districts, or of the same character as a conditional use in any district or districts, the commission shall so determine and the order shall be final, unless a notice of appeal is filed pursuant to Section 17.54.670 within ten days after the date of such an order. The person requesting the determination shall be notified forthwith and the final determination shall become a permanent public record.

(Prior gen. code § 8-91.1)

Upon written application setting forth the grounds for appeal, the planning commission shall have jurisdiction to hear and decide appeals alleging error in any order, requirement, permit, revocation, decision or determination made by any official of the county, other than a member of the planning commission, or Board of Supervisors in the administration or enforcement of planning commission rules, or of the precise plans or zoning regulations of the county; provided however, that all appeals from decisions of the board of zoning adjustments which are required to be made following noticed public hearing and those appeals from the decision of the planning director on a site development review which also requires affirmative action on a variance in order to be implemented shall be governed by the procedure contained in Section 17.54.670. The order deciding such appeal shall become effective ten days after the date of such order unless notice of appeal is filed pursuant to Section 17.54.670 within said period of ten days.

(Ord. 2002-60 (part): Prior gen. code § 8-92.0)

Upon application in proper form pursuant to Sections 17.54.590 and 17.54.610 and subject to the procedure governing variances set forth herein, the strict terms of Title 17 of this code, except as to regulations relating to principal uses, may be varied in specific cases upon affirmative findings of fact upon each of these three requirements:

A.

That there are special circumstances including size, shape, topography, location or surroundings, applicable to the property which deprive the property of privileges enjoyed by other property in the vicinity under the identical zoning classification;

B.

That the granting of the application will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone;

C.

That the granting of the application will not be detrimental to persons or property in the neighborhood or to the public welfare.

(Prior gen. code § 8-93.0)

A conditional use permit for firearms sales issued pursuant to this title is subject to the variance provisions set forth in Chapter 17.54.

(Ord. 98-53 § 1 (part))

(Ord. No. 2010-71, § 94, 12-21-10)

The board of zoning adjustments shall receive, hear and take action upon each application for a variance, except those concurrent with a conditional use permit or site development review that the planning commission hears, in which case the planning commission shall receive, hear and take action upon the variance. Notice of the hearing shall be given pursuant to Section 17.54.830.

(Ord. 2002-60 (part): Prior gen. code § 8-93.1)

(Ord. No. 2009-17, § 4, 4-14-09; Ord. No. 2010-71, § 95, 12-21-10)

After the conclusion of the hearing on the application for a variance, it may be granted, in whole or in part, and subject to such conditions, limitations and guarantees as may be specified pursuant to Section 17.54.110, if from the information presented with the application and at the hearing it is found that the circumstances are as specified in Section 17.54.080, and otherwise the application shall be denied.

Where for any reason the board of zoning adjustments is unable to take an action on an application, the planning director has the power to transfer the application to the planning commission, who shall then receive, hear, and decide such applications as specified in Section 17.54.080.

(Ord. 2004-61 § 1 (part): prior gen. code § 8-93.2)

In granting a variance, the character and extent thereof shall be specified and the variance shall be made subject to such conditions and guarantees as are deemed necessary to secure conformance to the requirements set forth in Section 17.54.080. A variance may be made valid only for a specified term. If any portion of a variance is utilized, all of its conditions and specifications shall be operative, and the violation of any of them shall constitute a violation of this title.

(Prior gen. code § 8-93.3)

The order granting a variance, or denying the same, shall become effective ten days after the date of such order, unless a notice of appeal is filed pursuant to Section 17.54.670 of this chapter.

(Prior gen. code § 8-93.4)

Certain uses, referred to in this title as conditional uses, are hereby declared to possess characteristics which require special review and appraisal in each instance, in order to determine whether or not the use:

A.

Is required by the public need;

B.

Will be properly related to other land uses and transportation and service facilities in the vicinity;

C.

If permitted, will under all the circumstances and conditions of the particular case, materially affect adversely the health or safety of persons residing or working in the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood; and

D.

Will be contrary to the specific intent clauses or performance standards established for the district, in which it is to be located.

A use in any district which is listed, explicitly or by reference, as a conditional use in the district's regulations, or in Section 17.52.580 or 17.52.585 shall be approved or disapproved as to zoning only upon

filing an application in proper form and in accordance with the procedure governing such uses set forth hereinafter.

(Prior gen. code § 8-94.0)

(Ord. No. 2010-71, § 96, 12-21-10; Ord. No. 2017-37, § 2, 9-12-17)

In addition to the findings required of the board of zoning adjustments under Sections 17.54.130 and 17.54.140, no conditional use permit for firearms sales shall issue unless the following additional findings are made by the board of zoning adjustments based on sufficient evidence:

A.

That the district in which the proposed sales activity is to occur is appropriate;

B.

That the subject premises is not within five hundred (500) feet of any of the following: Residentially zoned district; elementary, middle or high school; pre-school or day care center; other firearms sales business; or liquor stores or establishments in which liquor is served;

C.

That the applicant possesses, in current form, all of the firearms dealer licenses required by federal and state law;

D.

That the applicant has been informed that, in addition to a conditional use permit, applicant is required to obtain a firearms dealer license issued by the County of Alameda before sale activity can commence, and that information regarding how such license may be obtained has been provided to the applicant;

E.

That the subject premises is in full compliance with the requirements of the applicable building codes, fire codes and other technical codes and regulations which govern the use, occupancy, maintenance, construction or design of the building or structure;

F.

That the applicant has provided sufficient detail regarding the intended compliance with the Penal Code requirements for safe storage of firearms and ammunition to be kept at the subject place of business and building security.

(Ord. 2002-60 (part); Ord. 98-53 § 1 (part))

A.

Additional Procedures. An applicant for a conditional use permit for a superstore shall follow the procedures for conditional use permits otherwise provided under this chapter. In addition, the applicant shall submit to the planning director an economic impact analysis prepared by a consultant recommended by the planning director and approved by the planning commission, and paid for in full by the applicant. The consultant shall be qualified by education, training, and experience to conduct economic and fiscal impact analyses. The analysis shall include, in addition to any other information requested by the planning director and/or planning commission, all of the following:

1.

An assessment of the extent to which the proposed superstore will capture a share of retail sales in the market area;

2.

An assessment of how the construction and operation of the proposed superstore will affect the supply and demand for retail space in the market area;

3.

An assessment of the number of persons employed in existing retail stores in the market area, an estimate of the number of persons who will likely be employed by the proposed superstore, and an analysis of whether the proposed superstore will result in a net increase or decrease in employment in the market area;

4.

An assessment of how the construction and operation of the proposed superstore will affect wages and benefits, community income levels in the market area;

5.

A projection of the costs of public services and public facilities resulting from the construction and operation of the proposed superstore and the incidence of those costs;

6.

A projection of the public revenues resulting from the construction and operation of the proposed superstore and the incidence of those revenues;

7.

An assessment of the effect that the construction and operation of the proposed superstore will have on retail operations in the same market area, including the potential for blight resulting from retail business closures;

8.

An assessment of the effect that the construction and operation of the superstore will have on the ability of the county to implement the goals contained in its general plan;

9.

An assessment of the effect that the construction and operation of the proposed superstore will have on average total vehicle miles traveled by retail customers in the same market area; and

10.

An assessment of the potential for long-term vacancy of the property on which the superstore is proposed in the event the superstore vacates the premises.

As used in this section, "market area" means a geographical area that is described in independent and recognized commercial trade literature, recognized and established business or manufacturing policies or practices, or publications of recognized independent research organizations, as being an area that is large enough to support the location of the specific superstore proposed.

B.

Public Review. Upon receipt of a completed economic impact analysis as described in subsection A of this section, the planning director shall provide public notice of its completion. The planning director shall make the completed economic impact analysis available for public review for a period of no less than thirty (30) days prior to any public hearing on the application for a conditional use permit for the superstore.

C.

Additional Findings. In addition to any other findings required for a conditional use permit provided under this chapter, a conditional use permit for a superstore shall not be approved unless the planning commission, or the board of supervisors on appeal, finds that the superstore will not have a net adverse economic impact within the market area. Such finding shall be based on the economic impact analysis described in subsection A of this section, any public comments on the economic impact analysis received during the public review period specified in subsection B of this section, and any other information submitted to and received by the planning director, planning commission, and/or board of supervisors prior to the close of any public hearing(s) on the application.

(Ord. 2006-18 § 2 (part))

17.54.133 - Conditional uses—Residential, medical care, transitional and supportive housing facilities.

In addition to the findings required of the board of zoning adjustments under Sections 17.54.130 (Conditional uses) and 17.54.140 (Conditional uses—Action), a conditional use permit for any conditionally permitted residential or medical care facility, transitional housing facility, or supportive housing facility may only be granted upon determination that the proposal conforms to all of the following additional use permit criteria:

A.

Staffing of the facility shall at all times remain in compliance with any State Licensing Agency requirements;

B.

The operation of buses or vans to transport residents to or from off-site activities shall not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area;

C.

The on-street parking demand generated by the facility due to visitors shall not be substantially greater than that normally generated by the surrounding residential activities;

D.

Arrangements for delivery of goods shall be made within the hours that are compatible with and will not adversely affect the livability of the surrounding properties;

E.

That the facility's program shall not generate noise at levels that will adversely affect the livability of the surrounding properties, and shall at all times maintain compliance with the county noise ordinance;

F.

Onsite management shall be provided twenty-four (24) hours a day, seven days per week. Prior to operation, all facilities must provide to the planning director a management plan that shall contain policies, maintenance plans, rental procedures, tenant rules, and security procedures;

G.

In accordance with Sections 1267.9 and 1520.5 of the California Health and Safety Code, no facility shall be closer than three hundred (300) feet from other similar activities or facilities unless findings can be made that such an additional facility would not have a negative impact upon residential activities in the surrounding area;

H.

Parking shall be provided in accordance with Section 17.52.910 (Parking spaces required—Residential buildings);

I.

The facilities shall provide exterior lighting in the parking lot, on building exteriors, and pedestrian accesses. All exterior lighting shall be down-cast and shall not illuminate above the horizontal. No light source shall be exposed above the horizontal, nor visible from neighboring residential use properties; and

J.

Yards shall conform to the zoning requirements established for the district in which it is located.

(Ord. No. 2012-58, § 23, 4-10-12)

17.54.134 - Conditional uses—Single room occupancy (SRO) facilities.

Single room occupancy facilities shall be subject to the following regulations and development standards:

A.

Excluding the bathroom area and closet(s), the single room occupancy unit must be a minimum of one hundred fifty (150) square feet in floor area and the maximum size shall be not more than four hundred (400) square feet. Each unit shall be designed to accommodate a maximum of two people.

B.

Each single room occupancy unit must include a closet and may contain either kitchen facilities or bath facilities but not both.

C.

Complete common cooking facilities/kitchens must be provided if any unit within the SRO Facility does not have a kitchen. One complete cooking facility/kitchen shall be provided within the SRO facility for every twenty (20) SRO units or portion thereof that do not have kitchens, or have one kitchen on any floor where SRO units without kitchens are located.

D.

Common bathrooms must be located on any floor with any unit that does not have a full bathroom. Common bathrooms shall be either single occupant use with provisions for privacy or multi-occupant use with separate provisions for men and women. Common bathrooms shall have shower or bathtub facilities at a ratio of one for every seven units or fraction thereof. Each shared shower or bathtub facility shall be provided with an interior lockable door.

E.

Each SRO facility shall have at least ten (10) square feet of common usable area per unit; however no SRO facility shall provide less than two hundred (200) square feet of common outdoor area and two hundred (200) square feet of common indoor area. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.

F.

A SRO Facility with twelve (12) or more units shall provide twenty-four (24) hour on-site management, and include a dwelling unit designated for the manager. All SRO Facilities must have a management plan approved prior to occupation by the Alameda County Department of Housing and Community Development. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

G.

Single room occupancy facilities shall include laundry facilities.

H.

A cleaning supply storeroom and/or utility closet with at least one laundry tub with hot and cold running water must be provided on each floor of the SRO facility.

I.

Parking shall be provided in accordance with Section 17.52.910.

(Ord. No. 2012-58, § 1, 4-10-12)

The planning commission, sitting as a board of zoning adjustments, shall receive, hear and decide certain applications for a conditional use permit and after the conclusion of the hearing may authorize approval as to zoning of the proposed use if the evidence contained in or accompanying the application or presented at the hearing is deemed sufficient to establish that, under all circumstances and conditions of the particular case, the use is properly located in all respects as specified in Section 17.54.130, and otherwise the planning commission shall disapprove the same. In each case, notice of the hearing shall be given pursuant to Section 17.54.830.

(Ord. 99-26 (part))

(Ord. No. 2009-17, § 5, 4-14-09)

Except as provided in Section 17.17.020 or Section 17.54.135, the board of zoning adjustments shall receive, hear and decide applications for a conditional use permit and after the conclusion of the hearing may authorize approval as to zoning of the proposed use if the evidence contained in or accompanying the application or presented at the hearing is deemed sufficient to establish that, under all circumstances and conditions of the particular case, the use is properly located in all respects as specified in Section 17.54.130, and otherwise the board of zoning adjustments shall disapprove the same. In each case, notice of the hearing shall be given pursuant to Section 17.54.830.

Where for any reason a board of zoning adjustments is unable to take an action on an application, the planning director has the power to transfer the application to the planning commission, who shall then receive, hear, and decide such applications as specified in Section 17.54.130.

(Ord. 2002-60 (part): Ord. 2000-53 § 1 (part); Ord. 99-26 (part); prior gen. code § 8-94.1)

(Ord. No. 2009-17, § 6, 4-14-09; Ord. No. 2010-71, § 97, 12-21-10)

In order for a conditional use permit for firearms sales to become effective and remain operable and in full force, the following are required of the applicant:

A.

A final inspection from appropriate building officials demonstrating code compliance;

B.

Within thirty (30) days of obtaining a conditional use permit, and prior to any sales activity, a firearms dealer license shall be secured from the appropriate county agency;

C.

The county-issued firearms dealer's license be maintained in good standing;

D.

The maintenance of accurate and detailed firearms and ammunition transaction records;

E.

Transaction records shall be available for inspection as required by the California Penal Code;

F.

Compliance with all other state and federal statutory requirements for the sale of firearms and ammunition and reporting of firearms transactions, including, but not limited to Section 12070 et seq. of the California Penal Code.

(Ord. 98-53 § 1 (part))

In addition to the findings required of the board of zoning adjustments under Sections 17.54.130 (Conditional uses) and 17.54.140 (Conditional uses—Action), a conditional use permit for any conditionally permitted unattended collection box may only be granted upon determination that the proposal conforms to the additional use permit criteria in Section 17.52.1190. If the application is to allow the continued use of an unattended collection box or to modify a conditional use permit for which approval was previously granted by the county, the board of zoning adjustments shall also find that there are no circumstances that would justify revocation of the conditional use permit or removal of the unattended collection box as specified in Section 17.52.1230.

(Ord. No. 2013-26, § 10, 7-16-13)

Except as provided in Section 17.17.020 and Section 17.54.135, the board of zoning adjustments shall receive, hear and decide applications to renew or extend the term of a conditional use or to modify or waive any condition previously imposed upon a conditional use, or upon a use permit issued prior to the effective date of the ordinance codified in this section. Every such application shall be subject to the same procedure and regulations as set forth herein for a conditional use.

(Ord. 2002-60 (part): Prior gen. code § 8-94.2)

(Ord. No. 2010-71, § 98, 12-21-10)

If the proposed conditional use is one listed in the district regulations as subject to site development review, procedure upon the application shall be subject to the additional requirements of Section 17.54.210 of this chapter. No separate application for site development review is required in such cases, but disapproval of either shall constitute disapproval of the application. Where the proposed conditional use permit is accompanied by a concurrent application for a variance pursuant to Section 17.54.090 the board of zoning adjustments shall act separately on each.

(Ord. 2002-60 (part): Prior gen. code § 8-94.3)

The approval of a conditional use permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters:

A.

Substantial conformity to approved plans and drawings;

B.

Limitations on time of day for the conduct of specified activities;

C.

Time period within which the approval shall be exercised and the proposed use brought into existence, failing which the approval shall lapse and be void;

D.

Guarantees as to compliance with the terms of the approval, including the posting of bond;

E.

Compliance with requirements of other departments of the county government.

(Prior gen. code § 8-94.4)

A lawfully existing use in any district which is or becomes as a result of any subsequent amendment of these regulations or of the district boundaries, classified as a conditional use shall be deemed to be an approved conditional use without further action, and may continue, subject to any previously imposed conditions, as long as the use and building remain the same.

(Prior gen. code § 8-94.5)

17.54.190 - Conditional uses—Effective date.

The order authorizing approval of a conditional use or disapproving the same, shall become effective ten days after the date of such order unless a notice of appeal is filed pursuant to Section 17.54.670 of this chapter.

(Prior gen. code § 8-94.6)

Once a conditional use is established all of the conditions specified in the permit's approval shall become operative and the violation of any of them shall constitute a violation of this title.

(Prior gen. code § 8-94.7)

Site development review is intended to promote orderly, attractive, and harmonious development; recognize environmental limitations on development; stabilize land values and investments; and promote the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performance standards of this title or which are not properly related to their sites, surroundings, traffic circulation, or their environmental setting. Where the use proposed, the adjacent land uses, environmental significance or limitations, topography, or traffic circulation is found to so require, the planning director may establish more stringent regulations than those otherwise specified for the district.

(Prior gen. code § 8-95.0)

17.54.220 - Site development review—Procedure.

A.

Non-Garage Conversions—Site Development Review—Procedure. The planning director or his or her designated representative shall receive and decide applications for site development review. No public hearing is required, but the planning director may give such notice as he deems appropriate. Should the planning director or other public body hold a public hearing on a site development review the planning department shall give notice of the hearing pursuant to Section 17.54.830.

B.

Garage Conversions—Site Development Review—Procedure. The county board of zoning adjustments shall hold a public hearing and render a decision on the application. Notice of the hearing shall be given pursuant to Section 17.54.830.

C.

Garage Conversions— Findings Required. The conditions listed in Section 17.52.955 of this title shall be met in the affirmative and entered into the public record as findings of fact prior to approval of a site development review for garage conversions.

(Ord. 2004-97 § 4: prior gen. code § 8-95.1)

(Ord. No. 2009-17, § 7, 4-14-09; Ord. No. 2010-49, § 14, 9-14-10; Ord. No. 2010-71, § 99, 12-21-10)

17.54.225 - Site development review for garage conversions—Applications.

Applications for garage conversions shall include the materials required pursuant to "Site Development Review—Applications" Section 17.54.230, except that site development reviews for garage conversions shall also include:

A.

Elevations of all exterior wall surfaces of the existing on-site primary structure(s), and of the proposed garage conversion;

B.

Annotated photographs of all street-facing exterior wall surfaces of the five neighboring properties at either side of the subject site, and of the ten closest properties across the street from the subject site;

C.

Floor plans of all of the on-site primary structures and of the proposed garage conversion; and

D.

Site plans showing the entire subject property and all structures therein, including the replacement storage space, the proposed on-site parking spaces, and showing site plans for all adjacent parcels that share property lines with the subject parcel, including their curb-cuts and driveways, and locations of all structures.

E.

Site development review shall not be required for garage conversions when the purpose of the conversion is to create a new accessory dwelling unit or junior accessory dwelling unit within the space of an existing attached or detached garage, and the new unit meets the requirements contained in Chapter 17.55, concerning accessory dwelling units and junior accessory dwelling units.

(Ord. 2004-97 § 5)

(Ord. No. 2017-13, § 2(Pt. 2), 4-25-17; Ord. No. 2026-1, § 4, 1-8-26)

17.54.226 - Site development review for relocation agreement billboards—Applications and criteria.

A.

An application for a billboard review permit shall be made on forms prescribed by the planning director and shall be filed with the planning department. The application shall include the materials required per "site development review—applications" Section 17.54.230 and the following additional material:

Elevation plan, fully dimensioned, showing location of all buildings and improvements and the location of the proposed billboard, together with the location, size and height of all existing signs on the premises;

2.

Photo simulations of the proposed billboard;

3.

Site plans showing the entire subject property and all structures therein;

4.

Structural details and circulations prepared and signed by an engineer or architect registered in the state. Such details shall be required when the area of the sign exceeds five square feet and the height of the sign exceeds six feet;

5.

A statement of the owner of the proposed billboard as to whether the sign is to display commercial or noncommercial messages, or both. If the proposed sign is to be used to display commercial messages, then the applicant shall also state whether the message is to be for on-site or off-site advertisements;

6.

A statement of the owner of the proposed billboard as to whether the sign will allow for public service announcements that provide a community benefit.

B.

Relocation Agreement Billboard Criteria. In determining whether to grant or deny a billboard review permit, the planning commission and Board of Supervisors shall consider whether the proposed billboard or advertising sign:

1.

Serves the public interest in aesthetics and safety and is not detrimental or injurious to property or improvements in the neighborhood;

2.

Will not be detrimental to the health or safety of persons residing or working in the neighborhood;

3.

Ensures adequate opportunity for persons to exercise their right of free speech by display of signs;

4.

Protects and preserves the character of residential areas by prohibiting commercial signage in such areas, except as required by state law or judicial decisions;

5.

Is compatible with uses and structures on the site and in the surrounding area. Compatibility shall be determined by the relationships of the elements of form, proportion, scale, and overall sign size;

6.

Does not constitute a hazard to the safe and efficient operation of vehicles on a street or a freeway or create a condition that endangers the safety of persons, pedestrians, or property;

7.

Does not create a traffic safety problem with regard to on-site access, circulation or visibility, speed of travel on adjacent roadways, sight visibility, and/or visibility of access ramps;

8.

Will not cause or contribute to a net increase in the cumulative number of existing billboards in a neighborhood or community.

C.

Relocation Agreement Billboard Prohibition. In determining whether to grant or deny a billboard review permit, neither the planning commission nor the Board of Supervisors shall authorize the installation or relocation of a relocation billboard in an R district, an A district, or a PO district which allows residential or agricultural uses.

D.

Appeal of Relocation Agreement Billboard Determination. Following a final decision by the Board of Supervisors any concerned person may seek judicial review of the final decision to grant or deny a billboard review permit for a relocation agreement billboard pursuant to California Code of Civil Procedure Section 1094.5, in conjunction with Sections 1094.6 or 1094.8, as applicable.

(Ord. No. 2010-49, § 15, 9-14-10)

Every application for site development review shall be in proper form as provided in Section 17.54.590 and shall be accompanied by a site plan prepared by a licensed civil engineer, land surveyor, architect, landscape architect or a registered building designer; provided, however, that the boundary and topographic survey on the site plan shall be prepared by a licensed civil engineer or land surveyor whose seal shall appear on said site plan, drawn to scale and indicating clearly and with full dimensions the following information:

A.

Parcel dimensions in distance and bearings;

B.

Existing and proposed buildings and structures—their location, size, height and use;

C.

Dimensions of yards and open spaces between buildings;

D.

Fences and walls—their location, height and materials;

E.

Parking spaces—their location, number, dimensions and internal circulation;

F.

Access—vehicular, pedestrian and service, with points of ingress and egress, internal circulation, design, and improvements;

G.

Street dedications and improvements—existing, and proposed, if any;

H.

Such other data as may be required under the circumstances of the case to permit the planning director to make the required findings.

Where the proposed use includes any main building other than dwellings, or any commercial or industrial use, the plan shall also show:

I.

Signs—their location, size, height and types of materials, and lighting;

J.

Loading spaces—their location, number, dimensions and internal circulation;

K.

Lighting—its location and general nature.

(Prior gen. code § 8-95.2)

The planning director, upon receipt of an application for site development review, shall make such investigations as are necessary to determine whether or not the proposed use or structure conforms or may be conditioned to conform fully to the regulations for the district as herein set forth. The planning director may request reports and recommendations from the county surveyor, building official and health

officer, public works department, other offices of the county, or any other interested public agencies regarding matters within their jurisdiction which may be affected by the proposed use or structure.

(Prior gen. code § 8-95.3)

If, in the opinion of the planning director, the proposed use may cause the emission of dangerous or objectionable noise, odors, lights, dust, smoke or vibrations, the planning director with the consent of the applicant, may refer the application for investigation and report to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards. Such consultant or consultants shall report in writing to the planning director and a copy of such report shall be furnished to the applicant. The applicant shall be required to pay the fee for service of said consultant(s).

(Prior gen. code § 8-95.4)

17.54.260 - Site development review—Action.

At the conclusion of such investigation, the planning director shall determine from the reports and data submitted whether the use and structures will meet the requirements and intent of this title, and upon making an affirmative finding, shall approve said application. If from the information submitted, the planning director finds that compliance with the requirements of this title and the intent set forth herein would not be secure, the planning director shall disapprove or approve subject to such specified conditions, changes, or additions as will assure compliance.

(Prior gen. code § 8-95.5)

17.54.270 - Site development review—Effective date.

The order approving or disapproving a site development review shall become effective ten days after the date of such action, unless a written appeal is filed pursuant to and in compliance with Section 17.54.070.

(Prior gen. code § 8-95.6)

Wherever a plan for the development of a building site has been the subject of site development review as hereinabove specified and has been given final approval the use of the building site thereafter shall be subject to compliance with the plan in conformance to all details specified thereon and subject to all the conditions set forth in the action of approval.

(Prior gen. code § 8-95.7)

17.54.290 - Site development review—Plan modifications.

The planning director shall near and decide applications to modify any plan approved under the procedure for site development review, or to modify any condition set forth in the action of approval, subject to the same procedure and regulations as those applicable to the original application.

(Prior gen. code § 8-95.8)

17.54.295 - Design review in Castro Valley.

A.

The procedures set forth in this section establishes the design review procedure for non-residential projects in Castro Valley (areas within the Castro Valley Urbanized Area).

B.

Design review is required for all non-residential projects in Castro Valley (areas within the Castro Valley Urbanized Area) except projects exempt from site development review.

C.

The design review application shall be submitted as a part of the application for the site development permit, conditional use permit, or variance.

D.

Design Review Advisory Recommendation.

1.

Advisory Recommendation. The planning director will present applications to the Castro Valley Municipal Advisory Council for its review and advisory recommendation.

2.

If the planning director is not the final review authority for the subject property, the planning director shall forward the Castro Valley Municipal Advisory Council's recommendation to the final review authority.

E.

In granting design review approval, the review authority shall first make all of the following findings:

1.

The proposed project would be harmonious and compatible with existing development and with the overall character of the area;

2.

The location, size, design, and operating characteristics of the proposed project would promote the orderly growth of Castro Valley and would not be detrimental to the public interest, health, safety, convenience, or welfare of neighboring properties or to that of the overall community;

3.

Site and architectural design and functional plan of the structure(s) and related improvements, including landscaping, are of reasonable aesthetic quality and implement the objectives of the Castro Valley General Plan;

4.

Structure(s) and related improvements, including access and parking, are suitable for the proposed use of the property, consistent with the intent of the applicable zoning district, promote orderly development in the vicinity of the subject site, and provide adequate consideration of the existing and contemplated uses of land; and

5.

The design and layout of the proposed project are consistent with the Castro Valley General Plan, the development standards of this code, and any approved design guidelines.

(Ord. No. 2020-66, § 15, 12-15-20)

A single-family residence cluster development is intended to encourage the arrangement of single-family residences on suitable lands in such manner that will:

A.

Be in accord with the general plan of the county;

B.

Provide efficient use of the land that includes preservation of significant amounts of open areas and natural and topographic landscape features;

C.

Provide an environment that will encourage the use of common open areas for community activities and other amenities;

D.

Provide variety in the siting of residences and the design of access and circulation facilities;

E.

Be compatible with and enhance the development of the general area.

(Prior gen. code § 8-96.0)

(Ord. No. 2010-71, § 100, 12-21-10)

17.54.310 - Cluster permit.

A cluster development of single-family residences is permitted only in R-1 (single-family residence) districts, and R-1 combining districts upon issuance of a cluster permit in accordance with the provisions of this title.

(Prior gen. code § 8-96.1)

Any land owner desiring a cluster permit shall submit to the planning commission a preliminary cluster development plan.

(Prior gen. code § 8-96.2)

The preliminary plan shall contain certifications that a civil engineer, a landscape architect and an architect or registered building designer have participated in the preparation of the preliminary plan.

(Prior gen. code § 8-96.3)

The preliminary plan shall be submitted to the planning commission in the form specified.

(Prior gen. code § 8-96.4)

After consideration of the preliminary plan and any other pertinent information, the planning commission shall advise the applicant of its evaluation of the plan. This evaluation shall include a statement regarding whether the preliminary plan appears either to meet or not meet the intent of the provisions of this title and may include a statement regarding:

A.

Development objectives pertinent to the characteristics of the site in question which should be observed in the design of the cluster development including:

1.

Preservation of specified natural and topographic landscape features,

2.

Type and extent of circulation facilities,

3.

Nature and extent of grading;

B.

Basic design changes which appear necessary in order to meet said intent which may include reduction of dwelling unit density and modifications in the location of buildings, roads and common areas.

(Prior gen. code § 8-96.5)

17.54.360 - Cluster permit—Application.

An application for a cluster permit shall be submitted to the planning commission in the form specified by the planning commission.

(Prior gen. code § 8-96.6)

17.54.370 - Cluster permit plan—Persons authorized to prepare.

Same as Section 17.54.330.

(Prior gen. code § 8-96.7)

17.54.380 - Cluster permit plan.

The cluster permit plan shall be based on the above preliminary plan and shall be in the form specified by the planning commission.

(Prior gen. code § 8-96.8)

17.54.390 - Cluster permit plan—Hearing by the planning commission.

Upon receipt of the application for a cluster permit, the planning commission shall hold a public hearing thereon. Notice of the hearing shall be given pursuant to Section 17.54.830.

(Prior gen. code § 8-96.9)

(Ord. No. 2009-17, § 8, 4-14-09)

17.54.400 - Cluster permit plan—Findings and action by the planning commission.

The planning commission shall consider the intent and standards of the district and of this title and if the cluster permit plan is found to be in compliance with these provisions, may issue a cluster permit which shall set forth the conditions of approval the planning commission deems necessary to assure the affirmative findings. If the cluster permit plan is found not to be in compliance, or cannot be conditioned to comply with the intent and standards of the district and of this title, the planning commission shall deny the application. An order authorizing approval of a cluster permit or disapproving the same shall become effective ten days after the date of such an order, unless a notice of appeal is filed pursuant to Section 17.54.670.

(Prior gen. code § 8-96.10)

(Ord. No. 2010-71, § 101, 12-21-10)

17.54.410 - Cluster permit—Time limit.

Within two years of the date of approval of a cluster permit a final subdivision map in accordance with the provisions of the approved permit shall be recorded. Failure to file a final subdivision map within this period shall render said permit null and void.

(Prior gen. code § 8-96.11)

All building permits issued within the boundaries of an approved cluster development shall conform to the provisions of the approved cluster permit until such time as said cluster permit expires or the property owner has filed with the planning commission notification in writing of his intent to abandon this permit which notification shall render said permit null and void.

(Prior gen. code § 8-96.12)

In addition to these provisions relating to cluster permit expiration in Sections 17.54.410 and 17.54.420, a cluster permit shall be null and void if a tentative subdivision map is approved that is not in conformance with the provisions of the cluster permit.

(Prior gen. code § 8-96.13)

Cluster developments shall be in accord with all provisions of this title, except where provisions of Sections 17.54.300 through 17.54.580 inclusive are applicable.

(Prior gen. code § 8-96.14)

The cluster development shall consist of a lot or contiguous lots under one ownership or control containing a project acreage of a least ten acres or having a potential of at least fifty (50) dwelling units as determined by the provisions of Section 17.54.460. Project acreage shall include only those lands to be used for lots, lands to be owned in common by the residents of the project and lands used for circulation facilities.

(Prior gen. code § 8-96.15)

The maximum number of residential units shall be calculated in accordance with the provisions of Table 17.54.460.

Table 17.54.460

Maximum Number of Residential Units

(Prior gen. code § 8-96.16)

(Ord. No. 2010-71, § 102, 12-21-10)

No dwelling unit shall be located less than twenty (20) feet from any boundary of the cluster development.

(Prior gen. code § 8-96.17)

Except as provided in Sections 17.54.470 and 17.54.500 and in lieu of yards required by other provisions of this title, the following minimum yards are required for each building site:

A.

All yards adjoining a building wall not exceeding one story in height: five feet;

B.

All yards adjoining a building wall two stories in height: ten feet;

C.

In addition to those yards required by the foregoing provisions of this section, yards adjoining a street shall be increased:

1.

Five feet from a limited access street (less than three hundred (300) vehicular trips per day),

2.

Ten feet from a minor residential street (three hundred (300)—six hundred (600) vehicular trips per day),

3.

Twenty (20) feet from a neighborhood collector street (six hundred (600)—two thousand (2,000) vehicular trips per day),

Thirty (30) feet from a major thoroughfare (over two thousand (2,000) vehicular trips per day).

(Prior gen. code § 8-96.18)

Each building site shall have a private open area. The private open area shall contain at least five hundred (500) square feet of useable open space and measure not less than twenty (20) feet in width or depth and shall easily be accessible from the dwelling units. The required private open area shall not include a required yard adjoining a street, off-street parking spaces or vehicular access thereto.

(Prior gen. code § 8-96.19)

In the interest of design flexibility and to provide variety in housing types and site development, certain reductions in the building site requirements for the district and the requirements of Section 17.54.480 may be permitted, or higher standards required. However, the building site area may not be reduced to less than that required for the district except for building sites adjacent to common areas of substantial size which building sites may be reduced to an area of not less than five thousand (5,000) square feet and a width of not less than fifty (50) feet. Any modification of minimum standards must be found by the planning commission to be in best interest of the residents of the development. An approved reduction in the minimum standards must be found to be not detrimental either to the residents within the project or the uses adjoining the project. When reductions in minimum standards are requested by the applicant, the request shall be accompanied by evidence furnished by the project's architect or landscape architect which illustrate that the cluster plan which includes a modification of standards permit the following objectives to be met as well as or better than employment of minimum standards otherwise required.

(Prior gen. code § 8-96.20)

A.

Area. To achieve an equitable distribution of private useable open space and common open space while maintaining the over-all densities proposed by the general plan;

B.

Effective Lot Frontage. To assure permanent access of a width providing safe and efficient vehicle movement to a maintained street;

C.

Median Lot Width. To provide adequate space to accommodate a dwelling of reasonable design with the required yards and open areas;

D.

Yards. To provide insulation from off-site activities and to provide natural light and ventilation, privacy, and convenient access to and around each building and visually pleasing spatial relationship between adjoining buildings;

E.

Yards Adjacent to Street. To provide varied visual relationship between streets and dwellings and provide protection from traffic conflicts, noise, congestion and property damage;

F.

Provide Open Area. To provide useable and attractive areas for outdoor living.

(Prior gen. code § 8-97.0)

(Ord. No. 2010-71, § 103, 12-21-10)