Chapter 17.64 — WATER EFFICIENT LANDSCAPE ORDINANCE

This chapter is enacted pursuant to California Government Code Section 65591 et seq. and is a "waterefficient landscape ordinance" adopted by a local agency under the provisions of said section.

(Ord. No. 2012-43, § 1, 7-24-12)

The Board of Supervisors finds and declares that it is in the public interest to promote the conservation and efficient use of water and to prevent the waste of this valuable resource while recognizing the values and benefits of landscapes as essential to the quality of life in California. Landscapes provide areas for active and passive recreation and enhance the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development. The purpose of the regulations set forth in this chapter is to establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects and establish provisions for water management practices and water waste prevention for existing landscapes. To the extent that a conflict exists between this chapter and other portions of the county ordinance, the requirements of this chapter shall control.

(Ord. No. 2012-43, § 1, 7-24-12)

A.

After January 1, 2010, this chapter shall apply to all of the following landscape projects:

1.

New and rehabilitated landscapes for public agency projects and private commercial development projects that increase the area of irrigated landscape by an amount equal to or greater than two thousand five hundred (2,500) square feet and that are part of a project requiring a building permit, plan check or planning permit.

2.

New and rehabilitated landscapes which are developer installed for single-family and multi-family projects that increase the area of irrigated landscape by an amount equal to or greater than two thousand five hundred (2,500) square feet and that are part of a project requiring a building permit, plan check or planning permit.

New and rehabilitated landscapes that are homeowner provided or homeowner-hired in single-family and multi-family residential projects that increase the area of irrigated landscape by an amount equal to or greater than five thousand (5,000) square feet and that are part of a project requiring a building permit, plan check or planning permit.

4.

Existing landscapes as limited by Section 17.64.180.

5.

Cemeteries: Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are governed by §§ 492.4, 492.11, and 492. 12 of the California Code of Regulations or successor document and existing cemeteries are governed by §§ 493, 493.1, and 493.2 of the California Code of Regulations or successor document.

B.

This chapter does not apply to:

1.

Registered local, state or federal historical sites;

2.

Ecological restoration projects that do not require a permanent irrigation system;

3.

Mined-land reclamation projects that do not require a permanent irrigation system; or

4.

Plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. No. 2012-43, § 1, 7-24-12)

The following words and phrases whenever used in this chapter shall be construed as defined below:

"Certificate of completion" means the document required by Section 17.64.120.

"Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.

"Compost" means the product of controlled biological decomposition of organic materials, often including urban plant debris and food waste. It is an organic matter resource that has the unique ability to improve

the chemical, physical and biological characteristics of soils or growing media. It contains plant nutrients but is typically not characterized as a fertilizer. (Excerpted from US Compost Council, Field Guide to Compost Use.)

"Drought resistant soil" means soil that has been managed by amending with compost and covering with mulch, for example, to maximize rainfall infiltration, increase the soil's capacity to hold water, and allow for plant roots to penetrate and proliferate such that the landscape can survive with less than optimal water (i.e., less than maximum applied water allowance (MAWA)).

"Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

"Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section 17.64.070.

"ET Adjustment Factor" (ETAF) means a factor of 0.7, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7) = (0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non rehabilitated landscapes is 0.8.

ETo. See reference evapotranspiration.

"Hardscapes" means any durable material (pervious and non-pervious).

"Hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

"Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

"Integrated pest management" (IPM) means a sustainable approach to managing pests that combines biological, cultural, physical and chemical tools in a way that minimizes economic, health, and environmental risks.

"Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.

"Irrigation efficiency" (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes

of this chapter is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.

"Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to, inspection, system test, and written recommendations to improve performance of the irrigation system.

"Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data.

"Landscape area" (LA) means all the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

"Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter.

"Maximum applied water allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 17.64.070. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated total water use shall not exceed the maximum applied water allowance. Special landscape areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0.

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

"Mulch" means any organic material such as leaves, arbor or wood chips, recycled wood waste, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

"New construction" means, for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

"Overspray" means the irrigation water which is delivered beyond the target area.

"Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

"Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil.

"Plant factor" (PF) is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to

1.0. Plant factors cited in this chapter are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."

"Project applicant" means the individual or entity submitting a landscape documentation package to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.

"Record drawings" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

"Recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface.

"Recycled water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

"Reference evapotranspiration" (ETo) means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

"Rehabilitated landscape" means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 17.64.030, and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet, is at least fifty (50) percent of the total landscape area, and the modifications are completed within one year of application submittal.

"Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

"Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

"Watering window" means the time of day irrigation is allowed.

(Ord. No. 2012-43, § 1, 7-24-12)

17.64.050 - Compliance with landscape documentation package.

A.

Prior to construction, the county planning department shall:

Provide the project applicant with the chapter and procedures for permits, plan checks, or design reviews;

2.

Review the landscape documentation package submitted by the project applicant;

3.

Approve or deny the landscape documentation package; and

4.

Issue a permit or approve the plan check or design review for the project applicant.

B.

Prior to construction, the project applicant shall:

1.

Submit a landscape documentation package to the county planning department.

C.

Upon approval of the landscape documentation package by the county planning department, the project applicant shall:

1.

Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion; and

2.

Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or his/her designee.

(Ord. No. 2012-43, § 1, 7-24-12)

The landscape document package shall follow the requirements of § 492.3 of the California Code of Regulations or successor document.

(Ord. No. 2012-43, § 1, 7-24-12)

A project applicant shall complete a water efficient landscape worksheet that meets the requirements of California Code of Regulations § 492.4 or successor document.

(Ord. No. 2012-43, § 1, 7-24-12)

The project applicant or designee shall complete a soil management report addressing soil attributes of the project site in order to create drought resistant soil, reduce runoff, and encourage healthy plant growth. The soil management report shall meet the requirements of California Code of Regulations § 492.5 or successor document. The project applicant shall submit the report as part of the landscape documentation package. The report shall be available to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. The project applicant shall submit documentation verifying implementation of soil management report recommendations to the county with the certificate of completion.

(Ord. No. 2012-43, § 1, 7-24-12)

The project applicant shall submit a landscape design plan meeting the requirements of California Code of Regulations § 492.6 or successor document as part of the landscape documentation package. This plan shall:

A.

Screen infrastructure such as drains and catch basins with trees and shrubs to maintain a naturalized appearance.

B.

Install effective screening for areas of stormwater treatment areas with landscape plants, berms, or other natural features.

C.

Use of accent trees and shrubs.

D.

Avoid homogeneous plantings in areas generally visible from the public right of way.

E.

Specify installation of mature plants where feasible; shrubs and trees shall be installed at a size to serve intended screening purposes at time of installation.

F.

Specify the use a variety of landscape plants with respect to palette, height and dimension.

G.

Specify use of sixty (60) percent of landscaping that does not go dormant during the summer periods.

(Ord. No. 2012-43, § 1, 7-24-12)

The project applicant shall submit an irrigation design plan meeting the requirements of California Code of Regulations § 492.7 or successor document and the manufacturers' recommendations as part of the landscape documentation package. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the requirements of California Code of Regulations § 492.10 or successor document.

(Ord. No. 2012-43, § 1, 7-24-12)

The project applicant shall submit a grading plan meeting the requirements of California Code of Regulations § 492.8 or successor document designed to minimize soil erosion, runoff, and water waste as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for permits satisfies this requirement.

(Ord. No. 2012-43, § 1, 7-24-12)

The project applicant shall submit a signed certificate of completion to the planning department prior to requesting a landscape inspection. The certificate of completion shall meet the requirements the California Code of Regulations § 492.9 or successor document. The planning department shall perform a final inspection upon receipt of the certificate of completion verifying implementation of the approved landscape and irrigation plans and soil report recommendations and, upon verification of conformance with the chapter, sign the permit card.

(Ord. No. 2012-43, § 1, 7-24-12)

17.64.130 - Landscape and irrigation maintenance schedule.

A.

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

B.

A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

C.

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

D.

A project applicant is encouraged to implement sustainable or environmentally friendly practices for overall landscape maintenance. The following are highly recommended.

E.

After project completion and coincident with periodic stormwater quality inspections, the planning director shall inspect the installed landscape and may require modifications to the plantings and/or ground cover, if necessary, in order to:

1.

Replant areas where dead or moribund plants are found;

2.

Effectively screen infrastructure such as but not limited to gratings, standpipes, and junction boxes;

3.

Effectively screen areas of bare dirt arising from plant mortality or deficiencies in plant growth or the landscape design.

(Ord. No. 2012-43, § 1, 7-24-12)

17.64.140 - Irrigation audit, survey, and water use analysis.

A.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

B.

For new construction and rehabilitated landscape projects installed after January 1, 2010:

1.

The project applicant shall submit an irrigation audit report with the certificate of completion to the water supplier that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule;

2.

The water supplier shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance.

(Ord. No. 2012-43, § 1, 7-24-12)

A.

Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged. Examples include:

1.

Rain gardens, infiltration beds, swales and basins that allow water to collect and soak into the ground;

2.

Constructed wetlands and retention ponds that retain water, handle excess flow and filter pollutants; and

3.

Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.

B.

Rain harvesting or catchment technologies such as cisterns are recommended for storage and use of rainwater to satisfy a percentage of the landscape irrigation requirements.

C.

Project applicants shall refer to the Alameda county public works agency for information on any applicable stormwater ordinances and stormwater management plans.

(Ord. No. 2012-43, § 1, 7-24-12)

All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.

A.

Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme.

B.

Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.

(Ord. No. 2012-43, § 1, 7-24-12)

A.

This section shall apply to all existing landscapes that were installed before January 1, 2010, are over one acre in size, and exceed the applicable maximum applied water allowance.

1.

For all landscapes that have a water meter, the water supplier shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).

2.

For all landscapes that do not have a separate irrigation water meter, the planning department shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.

B.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

(Ord. No. 2012-43, § 1, 7-24-12)

The county may consider effective precipitation as defined in the California Code of Regulations § 494 or successor document in tracking water use.

(Ord. No. 2012-43, § 1, 7-24-12)

Chapter 17.66 - SOIL IMPORTING

Sections:

This chapter regulates the importing of soil or other fill material in the unincorporated areas of the county to ensure that such importing is related to appropriate land uses in the zoning district, to promote soil stability, to reduce negative environmental impacts, to reduce human health impacts, to reduce the traffic impacts from delivery vehicles, and to reduce the potential transfer of human and ecological risks between properties due to the import of polluted fill materials, and to reduce the potential import of hazardous wastes to properties accepting fill.

(Ord. No. 2019-43, § 2, 10-15-19)

As used in this chapter, the following terms are defined as follows:

"Agricultural use" means the science or practice of farming or ranching, including cultivation of the soil for the growing of crops or the rearing of animals to provide food, wool, fabric, or other products. This definition includes, for example, crops, orchards, and animal grazing.

"Agriculture plan" means the written plan submitted by the property owner that outlines the scope and timeline for the proposed soil import operation, implementation of the agricultural use, and any associated reclamation activities.

"Clean soil" is defined as natural materials (e.g., soil, clay, silt, sand, gravel, rock, or a mixture or combination for such materials) that have concentrations of naturally occurring chemicals (e.g., metals) at or below background levels at the receiving lot and concentrations of man-made chemicals below applicable risk based screening levels for human health risk, ecological risk (aquatic and terrestrial receptors), and concerns for nuisance and gross contamination.

"Director" means the director of the community development agency of the County of Alameda, or designee.

"Import" means the bringing of soil or other fill material onto a lot from an off-site location, for any purpose.

"Organic mulch" means decomposed or partially decomposed material comprised of leaves, wood, plant materials, discarded food and food scraps, paper or wood products, animal manure, peat or other biological carbon-based materials; organic mulch is not earth material of any origin that has been excavated from the ground.

"Protocols for soil import and export" means the county environmental health department's published document presenting procedures and reporting requirements for characterization and export of proposed soil sources for import to another site.

"Qualified biologist" means a professional who, by education, training and experience possess the expertise in the branch of science concerning living organisms adequate to evaluate the impacts of soil importing on living organisms.

"Qualified professional" means a licensed geologist or other professional who, by education, training, and experience possesses the expertise necessary to evaluate soil proposed for import in accordance with the county's protocols for soil import and export to ensure that the soil is suitable for import to the site.

"Soil" means all-natural earth material including soil, clay, silt, sand, gravel, rock, or a mixture or combination for such materials. Soil specifically does not include trash, debris, piping of any material, wooden boards, logs, branches or chips, broken concrete or asphalt, metal pieces of any kind, plastic, glass, or other human-made materials.

"Soil import" means the bringing of soil onto a lot from an off-site location, for any purpose.

"Soil import documentation" means technical reports prepared by a qualified professional that analyze the soil to be imported in accordance with Section 2 (Evaluation of Fill Material Suitability and associated tables) of the county's protocols for soil import and export.

"Special status species" means designated (rare, threatened, or endangered) and candidate species for listing by the California Department of Fish and Wildlife (CDFW); and designated (threatened or endangered) and candidate species for listing by the U.S. Fish and Wildlife Service (USFW); and species considered to be rare or endangered under the conditions of Section 15380 of the California Environmental Quality Act Guidelines, such as those identified on lists 1A, 1B, and 2 in the 2001 Inventory of Rare and Endangered Plants of California by the California Native Plant Society (CNPS); and possibly other species which are considered sensitive or of special concern due to limited distribution or lack of adequate information to permit listing or rejection for state or federal status, such as those included on list 3 in the CNPS Inventory or identified as animal "California Special Concern" (CSC) species by the CDFW. Species designated as CSC have no legal protective status under the California Endangered Species Act but are of concern to the CDFW.

(Ord. No. 2019-43, § 2, 10-15-19)

17.66.030 - General provisions.

A.

Soil importing is prohibited in the unincorporated areas of the County except as provided in this chapter.

B.

All soil imported in accordance with this chapter must not contain chemicals at concentrations that exceed the applicable risk-based screening levels, which shall be verified by a qualified professional.

1.

Soil import documentation prepared or reviewed by a qualified professional in accordance with this chapter shall be stored for at least five years and shall be available for periodic review and audit by the county planning department at any time, up to four times per year.

2.

If the review or audit demonstrates the imported soil has been inadequately characterized or contains chemicals with concentrations exceeding the applicable risk-based screening levels, then the county code enforcement division may refer the matter to other county, state, and federal agencies.

C.

This chapter does not regulate or prohibit importing the following:

1.

Soil purchased from an established retail or wholesale outlet, including hardware stores, soil and stone retailers and wholesalers, landscape centers, and similar commercial soil enterprises. Transport of soil

between properties, such as brokered transports from construction sites, are not considered soil purchased pursuant to this subsection.

2.

Organic mulch.

3.

Asphalt grinding or road base (excluding concrete debris), provided that it is used for agricultural road repair only; importing for other purposes, including for fill, and importing concrete debris, are prohibited.

4.

Movement of clean soil from an adjacent lot or a lot separated by no more than a road or utility easement, provided the source lot and destination lot are owned by the same person.

5.

Soil or other materials to be used for the purpose of surface mining operations or reclamation as regulated under Chapter 6.80 of the Alameda County General Ordinance Code.

D.

Prohibited Operations.

1.

Importing the following materials, or fill material containing the following materials, is not permitted pursuant to this chapter: Trash, debris, piping of any material, wooden boards, logs, branches or chips, broken concrete or asphalt, metal pieces of any kind, plastic, glass, or other human-made materials. This chapter does not regulate sanitary landfills, which require a conditional use permit (Alameda County General Ordinance Code 17.06.035(A)) and compliance with other applicable federal, state, and local laws.

2.

Importing earthen materials that contain or include any of the following is prohibited: any human-made or artificial chemicals, substances or contaminants at concentrations greater than those determined through required testing processes to be both: a) safe for human contact; and b) adequate for protection of: watercourses or ponds and the water contained therein, groundwater located or flowing beneath the surface, and biological habitat and native species found on or known to use the subject lot and surrounding lots.

E.

Maximum Import per Lot. For tiers of soil import under Sections 17.66.050 and 17.66.060 that do not require discretionary review, soil import per lot shall be limited to five years. After the fifth year of soil import, an administrative conditional use permit or conditional use permit will be required for any amount of soil imported.

F.

Expiration. Any approved administrative conditional use permit shall expire within one year maximum of its issuance, with the possibility that they may be approved for less time. Any approved conditional use permit shall expire within five years maximum of permit issuance, with the possibility that they may be approved for less time. Proposals to import more soil subsequent to the administrative conditional use permit or conditional use permit shall require prior approval of a new conditional use permit. No subsequent administrative conditional use permit shall be possible after the first administrative conditional use permit is approved for each property.

(Ord. No. 2019-43, § 2, 10-15-19)

A.

Compliance with the regulations and requirements of state and federal regulatory agencies is required, including but not limited to the following:

1.

Bay Area Air Quality Management District;

2.

California Department of Fish and Wildlife;

3.

California Water Resources Control Board San Francisco Bay Region;

4.

California Department of Toxic Substances Control;

5.

United States Fish and Wildlife Service;

6.

U.S. Army Corps of Engineers.

B.

Issuance of a permit or other authorization to import soil pursuant to this chapter shall not constitute an exemption from other applicable laws or regulations, including but not limited to:

1.

Alameda County Grading Ordinance;

2.

Alameda County Watercourse Protection Ordinance;

3.

Alameda County Health and Safety Ordinances;

4.

Alameda County Business License Tax ordinance;

5.

Alameda County Surface Mining Ordinance;

6.

California Endangered Species Act;

7.

California Surface Mining and Reclamation Act;

8.

U.S. Endangered Species Act;

9.

U.S. Migratory Bird Treaty Act.

C.

County planning department may provide notice to agencies with jurisdiction over hazardous materials, watercourse and water quality protection, and biological protection of the United States of America and the State of California, including but not limited to each of the above-mentioned agencies, to facilitate enforcement of existing laws and regulations within the jurisdiction of other agencies.

D.

Any proposals to import soil, or actions to import soil, will be subject to notification by the county planning department to the aforementioned state and federal agencies.

E.

Soil importing must be compliant with any applicable Williamson Act Contract.

F.

For all soil import of any volume:

Prior to operations, all property owners importing soil subject to this chapter shall register with the Alameda County Community Development Agency, Planning Department, their intended soil importing activity, including providing an agriculture plan, and shall pay all administrative fees associated with the proposed soil import. Registration shall be in accordance with such forms and procedures as may be adopted by the director.

2.

The following habitat features shall be protected and avoided during the placement of imported soil under Tiers 1 or 2 as defined in Sections 17.66.050 and 17.66.060 below:

a.

Seasonal and perennial ponds, including stock ponds.

b.

Riparian corridors along intermittent, seasonal, and perennial creek channels.

c.

Rock outcrops in chaparral habitat.

d.

Upland grassland habitat within 1.7 miles from potential breeding ponds.

e.

Burrows.

3.

If burrows are present within an area proposed for the placement of imported soil, the property owner shall have a qualified biologist assess the potential presence of special status species at the proposed placement location.

4.

A habitat assessment shall be prepared by a qualified biologist who has the education, training and experience and possesses the expertise to identify habitat of special status species.

5.

Imported soil shall not be placed in:

a.

Ponds that may support the breeding of special status species (Note: Property owner must comply with existing laws and regulations prohibiting placing fill material in seasonal or perennial ponds without federal and/or state permits for the placement of fill in ponds); or

b.

Riparian corridors (Note: Property owner must comply with existing laws and regulations prohibiting placing fill material in riparian corridors associated with ephemeral, intermittent, seasonal, or perennial streams without federal and/or state permits for the placement of fill in streams).

6.

Property owner shall consult with U.S. Fish and Wildlife Service (USFWS) and staff at the California Department of Fish and Wildlife (CDFW), if soil import is to occur in areas with documented occurrences or potential habitat for special status species as defined on maps found in Chapter 2 and/or Appendix D of the East Alameda County Conservation Strategy (EACCS); or for areas outside of EACCS map coverage, the State of California Natural Diversity Database (CNDDB); and/or by the qualified biologist. For the purposes of this paragraph, documented occurrences mean points on the CNDDB and/or EACCS maps that identify where species have been recorded. In all cases, the most recent edition of the CNDDB should be utilized.

7.

Before imported soil is placed in any of the features described below, the property owner shall contact the Army Corps of Engineers, appropriate water board, and CDFW to discuss the need to obtain permits prior to placing imported soil in these features.

a.

Areas of soggy ground that remain soggy for at least two weeks during the rainy season.

b.

Any stream channel with a defined bed and bank (e.g., a topographic change from the adjacent land), no matter how small or how often water flows through the channel in a typical year.

c.

The bottom of any canyon.

d.

Any pond or impoundment of water, including stock ponds.

(Ord. No. 2019-43, § 2, 10-15-19)

17.66.050 - Tier 1—Soil importing on large lots in the R-1 district.

A.

Soil importing is permissible on lots at least one acre in size and not more than five acres in size in the R-1 (or equivalent) district in accordance with this chapter.

B.

Any and all soil import must be for an agricultural use.

C.

The depth of soil import shall not exceed three feet above existing grade unless it is imported in accordance with one of following:

1.

A building permit from the county public works agency,

2.

A grading permit from the county public works agency, or

3.

A conditional use permit issued pursuant to this title.

D.

Soil importing is regulated in accordance with the following tiered screening and review levels:

1.

Tier 1a. Up to one cubic yard per acre per year is permitted as a reasonable accessory use to existing permitted uses.

2.

Tier 1b. Over one and up to ten cubic yards per acre per year, up to a maximum of thirty (30) cubic yards per property per year, may be imported provided the property owner:

a.

Submits to the county planning department soil import documentation prepared by a qualified professional.

3.

Tier 1c. Over ten and up to twenty (20) cubic yards per acre per year, up to a maximum of fifty (50) cubic yards per property per year, provided the property owner:

a.

Submits to the county planning department soil import documentation prepared by a qualified professional;

b.

Obtains an administrative conditional use permit pursuant to this title.

4.

Tier 1d. Over twenty (20) and up to fifty (50) cubic yards per acre per year, up to a maximum of eighty (80) cubic yards per property per year, provided the property owner:

a.

Submits to the county planning department soil import documentation prepared by a qualified professional;

b.

Obtains an administrative conditional use permit pursuant to this title; and

c.

The county planning department provides notification to neighbors in accordance with Alameda County Zoning Ordinance Section 17.54.830(D).

5.

Tier 1e. Over fifty (50) cubic yards per acre per year or more than eighty (80) cubic yards per property:

a.

Submits to the county planning department soil import documentation prepared by a qualified professional.

b.

Obtains conditional use permit pursuant to this title.

(Ord. No. 2019-43, § 2, 10-15-19)

17.66.060 - Tier 2—Soil importing on lots in the A district.

A.

Soil importing is permissible on lots in the A (or equivalent) district in accordance with this chapter.

B.

Any and all soil import must be for an agricultural use.

C.

The depth of soil import shall not exceed three feet above existing grade unless it is imported in accordance with one of following:

1.

A building permit from the county public works agency,

2.

A grading permit from the county public works agency, or

3.

An administrative conditional use permit or conditional use permit issued pursuant to this title.

D.

Soil importing is regulated in accordance with the following tiered screening and review levels:

1.

Tier 2a. Up to ten cubic yards per acre per year, up to a maximum of one thousand (1,000) cubic yards per property per year and less than three feet vertically in depth above any existing grade is permitted, subject to Section 17.66.030:

a.

Property owner shall ensure the imported soil has been characterized as clean soil by a qualified professional prior to importing to the site. subject to audit of the soil import documentation by the county planning department.

2.

Tier 2b. Over ten and up to twenty (20) cubic yards per acre per year, up to a maximum of fifteen thousand (15,000) cubic yards per property per year, whichever value is lowest, or any import in any amount resulting in a depth of between three and five feet vertically above any existing grade:

a.

Property owner must obtain an administrative conditional use permit pursuant to this title.

3.

Tier 2c. Over twenty (20) cubic yards per acre per year or more than fifteen thousand (15,000) cubic yards per property per year, whichever is lowest, or any import in any amount resulting in a depth of over five feet vertically above any existing grade:

a.

Property owner must obtain a conditional use permit pursuant to this title.

(Ord. No. 2019-43, § 2, 10-15-19)

17.66.070 - Administrative conditional use permit for soil importing.

A.

An administrative conditional use permit may be issued in accordance with this chapter (in lieu of Sections 17.52.480, et seq.).

B.

In the districts specified in this title, an administrative conditional use permit may be issued for soil importing provided the proposed project does not require the preparation of a new environmental impact report pursuant to the California Environmental Quality Act (CEQA).

C.

If the proposed project requires a new environmental impact report, it may not be approved via an administrative conditional use permit but the project proponent may apply for a conditional use permit in accordance with Section 17.54.130 and this chapter.

(Ord. No. 2019-43, § 2, 10-15-19)

17.66.080 - Specific findings for administrative conditional use permit and conditional use permit.

An administrative conditional use permit or conditional use permit may be issued for soil importing only if the proposed use meets the requirements of Section 17.66.070 (Administrative Conditional Use Permit for Soil Importing) or Section 17.54.130 (Conditional Uses), as applicable, and the following additional findings are made:

A.

The amount, design, location, and the nature of any proposed soil importing is necessary to establish or maintain an agricultural use presently permitted on the property in accordance with Section 17.06.040, Section 17.08.040 or Chapter 17.26 of this title;

B.

Soil importing will not endanger public and/or private property, will not result in excessive soil being deposited on any public right-of-way, will not endanger public health and safety, and will not impair groundwater or any spring or existing watercourse, or adversely affect the existence of, or habitat for, special status species under the State or Federal Endangered Species Acts;

C.

Property owner will minimize the impacts to the natural landscape, scenic, biological and aquatic resources, and erosion impacts that may otherwise be caused by the soil import;

D.

For soil importing associated with a new agricultural building on a development site within the boundaries of a lot, the subject site shall be one that is the most appropriate for the imported soil in comparison with other available development sites on the lot, taking into consideration other development constraints and regulations applicable to the lot;

E.

Soil importing and associated grading improvements will conform to the natural terrain and existing topography of the site as much as possible, and should not create a significant visual change;

F.

Soil importing will conform to any applicable general plan or specific plan policies;

G.

Soil import documentation documenting the suitability of the soil for import to the lot has been prepared by a qualified professional;

H.

Permittee has submitted a truck traffic plan that adequately mitigates impacts from truck traffic generated by the proposed soil import; and

I.

Permittee has submitted an agriculture plan that specifically describes the proposed agricultural use to be facilitated by the proposed soil import. The agriculture plan must identify a reasonable schedule for completing work needed to implement the agricultural use.

(Ord. No. 2019-43, § 2, 10-15-19)

17.66.090 - Standard conditions for administrative conditional use permit and conditional use permit.

A.

Soil importing shall be permitted only to the extent necessary to establish or maintain an agricultural use presently permitted on the property in accordance with Section 17.06.040, Section 17.08.040 or Chapter 17.26 of this title.

B.

The permittee shall obtain and make available to the county planning department soil import documentation prepared by a qualified professional certifying the suitability of the soil import to the site. The soil import documentation must be either:

1.

Provided to the permittee from a qualified professional retained by the permittee; or

2.

Provided to the permittee from a qualified professional retained by someone other than the permittee (e.g., the soil import source property, the shipper or a third party), that has been independently reviewed by a qualified professional retained by the permittee.

C.

Soil import documentation shall be stored for at least five years and shall be available for periodic review and audit by the county planning department at any time, up to four times per year. If the review or audit demonstrates inadequate characterization of the soil import or soil contamination with chemical concentrations greater than the applicable risk-based screening levels, then the county code enforcement division may initiate enforcement and abatement proceedings and may refer the matter to other county, state, and federal agencies.

D.

Impacts from truck traffic shall be mitigated in accordance with permittee's truck traffic plan.

E.

Permittee shall obtain a grading permit from the county public works agency, if applicable.

F.

Permittee shall implement an agriculture plan approved by the planning director consistent with the schedule for completion included in the agriculture plan. Each day the property owner fails to meet the deadlines established by the agriculture plan and/or the permit shall constitute a separate offense and is subject to penalty in accordance with Section 17.66.150.

G.

Permits shall be limited in duration to the reasonable time required to import soil sufficient to implement the agriculture plan, up to a maximum of one year for administrative conditional use permits and up to five years for conditional use permits.

H.

Annual inspections and reports of soil import and agriculture activities are required. Permittees shall forward an annual report to the director on each anniversary of the permit issuance date. The annual report shall include a description of the soil imported, and the total tonnage of soil imported. If requested, a copy of any supporting documentation shall also be provided to the director.

I.

The community development agency shall arrange for inspection of a soil import operation within six months of receipt of the annual report required by this chapter, to determine whether the soil import operation is in compliance with the approved permit and/or agriculture plan, and approved financial assurances. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be conducted by the county and/or its consultants. The permittee shall be solely responsible for the reasonable cost of such inspection, including reasonable consultant costs.

J.

Permittee shall provide financial assurances sufficient to guarantee completion of the agriculture plan or remediation of the property to pre-soil import conditions.

K.

Permittee shall release the county, and its agents, officers, elected officials, and employees from any injuries, damages, or liabilities of any kind that result from any arrest or prosecution of permittee, delivery operators or brokers, owners or operators of the source material site, or others involved in the soil import, for violation of state or federal laws in a form satisfactory to the director.

L.

Permittee shall indemnify and hold harmless the county and its agents, officers, elected officials, and employees for any claims, damages, or injuries arising from issuance of the permit, operation of the soil import, adoption or enforcement of conditions of the permit, or the county's compliance with CEQA in a form satisfactory to the director.

(Ord. No. 2019-43, § 2, 10-15-19)

17.66.100 - Agriculture plans—Required content and implementation.

A.

Permittee shall import soil only in order to implement an agricultural use in accordance with an approved agriculture plan. Permittee shall ensure that the agricultural use is implemented in accordance with conditions of the permit, the agriculture plan, and this chapter.

B.

The agriculture plan shall specify the amount of soil to be imported by weight and by volume.

C.

Implementation—Complete or Phased.

1.

The agricultural use will be deemed completely implemented when the project is completed (e.g., when construction or all planting is completed) and all approvals required to commence the agricultural use (e.g., occupancy permit) have been issued.

2.

Implementation may occur in phases. For phased implementation, the establishment of the agricultural use may occur over successive periods following completion of soil import at successive locations within the lot, as specified in the agriculture plan. In all cases, establishment of the agricultural use shall take place as soon as practical. Each phase shall be specifically described in the agriculture plan and shall include:

a.

The beginning and expected ending dates for each phase;

b.

All establishment of agriculture activities required;

c.

Criteria for measuring completion of specific establishment of agriculture activities; and

d.

Estimated costs for completion of each phase of establishment of agriculture.

3.

Interim agricultural uses may be required if phased or complete implementation is not achieved within the timeframe specified in the agriculture plan.

D.

Drainage, Erosion and Sediment Control. Agriculture plans shall address the appropriate control and mitigation for drainage, erosion and sediment control during the soil import and implementation of the agricultural use. The agriculture plan shall specifically address the property owner's plan to comply with the following requirements:

1.

Streams, ponds, wetlands or watershed features shall be avoided or, if affected by soil import, restored in the final stage of establishment of agriculture.

2.

All activities of soil import or establishment of agriculture shall be designed and carried out to minimize erosion, provide for maintenance of all applicable water runoff quality standards as prescribed by state law including consultation with Regional Water Quality Control Board staff as necessary, provide for drainage to natural outlets or interior basins designed for water storage, and to eliminate potholes and similar catchments that could serve as breeding areas for mosquitoes.

3.

Silt basins designed to store water during periods of surface runoff shall be equipped with sediment control and removal facilities and protected spillways designed to minimize erosion when such basins have outlet to lower ground.

4.

Final grading and drainage shall be designed in a manner to prevent discharge of sediment above natural levels existent prior to soil import operations.

5.

Upon complete implementation, no condition shall remain that will or could lead to the degradation of water quality below applicable standards of the regional water quality control board or any other agency with

authority over water quality.

E.

Final Slope Gradient. Agriculture plans shall address the final slope gradient upon the completion of the soil import and implementation of the agricultural use and any phases thereof. The agriculture plan shall specifically address the property owner's plan to comply with the following requirements:

1.

Final slopes shall be of such gradient as necessary to provide for slope stability, maintenance of establishment of agriculture, public safety, and the control of drainage, as may be determined by engineering analysis of soils and geologic factors.

2.

Final slopes shall not be steeper than two feet horizontal to one foot vertical (2:1) unless the permittee can demonstrate to the satisfaction of the director that any such steeper slope will not:

a.

Be incompatible with future uses approved for the site;

b.

Be hazardous to persons that may utilize the site under future uses approved for the site; and

c.

Reduce the effectiveness of revegetation and erosion control measures where such are necessary.

3.

In no event shall the steepness of slopes exceed the critical gradient as determined by an engineering analysis of the slope stability.

F.

Revegetation. Agriculture plans shall require all lands affected by soil importing shall be revegetated for establishment of agriculture unless any such revegetation is determined by the director to be technically infeasible or not beneficial with respect to the intent of this chapter. Revegetation methods and plant materials utilized for establishment of agriculture shall be appropriate for the topographical, soil and eliminate conditions present at the site. Where agriculture is not to be established, native species shall be used wherever practical.

G.

Additional Requirements. The county may impose additional performance standards as developed either in review of individual projects or through the formulation and adoption of generally applicable performance standards.

(Ord. No. 2019-43, § 2, 10-15-19)

A.

All projects shall comply with the California Environmental Quality Act.

B.

The county planning department shall be the lead agency for any project requiring environmental review pursuant to the California Environmental Quality Act.

(Ord. No. 2019-43, § 2, 10-15-19)

The application fees for a soil import permit or approval of an agriculture plan, or for modification of an existing permit or approved agriculture plan shall be as established by the board of supervisors and shall be submitted at the time of application. The county shall establish such fees as it deems necessary to cover the reasonable costs incurred in implementing this chapter and county rations, including but not limited to, processing of applications, annual reports, inspections, monitoring, enforcement and compliance. The permittee shall pay such fees as required by the county, at the time of filing of the soil import permit application, agriculture plan application, and at such other times as are determined by the county to be appropriate in order to ensure that all reasonable costs of implementing this chapter are borne by the operator.

(Ord. No. 2019-43, § 2, 10-15-19)

The property owner shall pay an administrative fee of one dollar and twenty-nine cents ($1.29) per cubic yard for all soil imported to their lot. The quantity of soil on which the administrative fee is based shall be the total volume of material projected for import. The fee is payable prior to commencing soil import. For projects with phased implementation plans, the fee is payable prior to commencing the soil import for each phase. If the amount of soil imported differs from the amount projected, the property owner shall either be invoiced or refunded accordingly.

(Ord. No. 2019-43, § 2, 10-15-19)

A.

Financial security in a form and amount determined by the director, shall be furnished to guarantee faithful performance of the work to be done under the terms of the soil import permit and agriculture plan or to guarantee reclamation and remediation of the affected property to pre-soil import conditions, in the event of failure by the permittee to implement the terms of the conditions of the permit or of this chapter.

B.

Cost estimates for the financial assurance shall be submitted to the community development agency for review and approval prior to the permittee securing financial assurances. The amount of the financial assurance shall be based upon the estimated costs of implementing the agriculture plan or remediating the property to pre-soil import conditions.

C.

If the board of zoning adjustments, following a public hearing, determines that the property owner is financially incapable of implementing the agriculture plan or has abandoned its operations prior to implementation, the director shall:

1.

Notify the property owner by personal service or certified mail that the county intends to take appropriate action to forfeit the financial assurance and specify the reasons for so doing.

2.

Allow the property owner at least thirty (30) and up to sixty (60) days after notification to implement the agriculture plan.

3.

Proceed to take appropriate action to require forfeiture of the financial assurance if the permittee does not comply with the provisions of subsection B.

4.

Use the proceeds from the forfeited financial assurance to implement the agricultural use on the property or remediate the property to pre-soil import conditions. The property owner shall be responsible for the costs which are in excess of the proceeds from the forfeited financial assurance.

(Ord. No. 2019-43, § 2, 10-15-19)

17.66.150 - Violation—Enforcement and penalties.

A.

If the director, based upon an annual inspection or otherwise confirmed by an inspection of the property or soil import operation, determines that the property or operations are not in compliance with this chapter, the permit, and/or the agriculture plan, the county may revoke the permit in accordance with Section 17.54.030 of this title and may enforce this chapter in accordance with Chapters 17.58 and 17.59 of this title, as set forth in this section, or as otherwise provided by law.

B.

Fines for each violation may be assessed as follows:

Any person, firm or corporation shall be guilty of a separate offense for each and every violation of any provision of this chapter that is committed, continued or permitted by such person and shall be punishable accordingly. Each incident of a vehicle delivering or depositing soil or other fill material to a property in the unincorporated area of the county shall constitute a separate offense.

2.

Any person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

3.

The fine for each offense is one thousand dollars ($1,000.00).

C.

Procedures and fees for inspections, appeals and abatement shall be as set forth in Chapter 17.59, including Section 17.59.200(D).

D.

In addition to the penalties provided in this chapter, any condition caused or allowed to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and shall create a cause of action for injunctive relief and civil penalties in accordance with Chapter 17.59 of this code. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 2019-43, § 2, 10-15-19)

Chapter 17.100 - FUTURE WIDTH LINES

Sections:

For the purpose of measuring yard dimensions and determining building locations with respect to future width lines, there are the future width lines contained in this article for streets and highways.

(Prior gen. code § 8-80.0; Ord. No. 2010-71, § 114, 12-21-10)

Establishment of future width lines is pending the establishment of official plan lines based upon the street and highway plan or sections thereof, of the master plan of the county.

(Prior gen. code § 8-80.12; Ord. No. 2010-71, § 114, 12-21-10)

17.100.030 - 162nd Avenue.

From East 14th Street to Foothill Boulevard, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.74; based on § 2, Ord. No. 291 N.S.; amended by § 2, Ord. No. 517 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From East 14th Street to Los Banos Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.75; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.050 - 168th Avenue.

From East 14th Street to Los Banos Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.76; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.060 - A Street.

From the city of Hayward boundary at Ruby Street northeasterly to Grove Way, a maximum of ninety-three (93) feet on the northwesterly side and forty-seven (47) feet on the southeasterly side from the existing right-of-way lines, as shown on the map labeled "A Street Future Width Lines, Exhibit A, August 2, 1971," on file with the Alameda County Planning Commission, 399 Elmhurst Street, Hayward, California.

(Prior gen. code § 8-82.56; based on § 1, Ord. No. 71-80; Ord. No. 2010-71, § 114, 12-21-10)

From Sycamore Road to Happy Valley Road, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.46; based on Ord. No. 341 N.S.; amended by § 6, Ord. No. 70-34; Ord. No. 201071, § 114, 12-21-10)

From Sheridan Road to Mission Road, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.2; based on § 2, Ord. No. 238 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Castro Valley Boulevard to Somerset Avenue, twenty-five (25) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.3; based on § 1, Ord. No. 577 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

A.

From East Lewelling Boulevard to the Union Pacific, formerly the Western Pacific, Railroad right-of-way, forty (40) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.5; based on § 2, Ord. No. 433 N.S.)

B.

From the Union Pacific, formerly the Western Pacific, Railroad right-of-way to Delano Street, forty-four (44) feet as measured westerly from the existing centerline, and thirty-six (36) feet as measured easterly from the existing centerline.

(Prior gen. code § 8-81.6; based on § 2, Ord. No. 291 N.S.)

C.

From Delano Street to East 14th Street, thirty-seven (37) feet as measured westerly from the existing centerline, and forty-three (43) feet as measured easterly from the existing centerline.

(Prior gen. code § 8-81.4; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Hesperian Boulevard to Garden Avenue, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.7; based on § 2, Ord. No. 363 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.120 - Bond Street.

From Foothill Road to Main Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.10; based on § 2, Ord. No. 172 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

On the southwesterly side fifty (50) feet westerly from the existing westerly right-of-way line, from Contra Costa County Line to San Joaquin County Line.

(Prior gen. code § 8-81.10B; based on § 2, Ord. No. 67-42; Ord. No. 2010-71, § 114, 12-21-10)

From Mission Road to the county line dividing Alameda County and Santa Clara County, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.11; based on § 2, Ord. No. 172 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Foothill Road to Pleasanton-Sunol Road, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.12; based on § 2, Ord. No. 172 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.160 - Center Street.

A.

From the boundary line of the city of Hayward to Grove Way, forty (40) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.13; based on § 2, Ord. No. 414 N.S.)

B.

From Castro Valley Boulevard to James Avenue, thirty (30) feet from and on each side of the existing centerline.

(Prior gen. code § 8-81.15; based on § 2, Ord. No. 493 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.170 - Crow Canyon Road.

A.

From East Castro Valley Boulevard to Manter Road, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.16; based on § 2, Ord. No. 295 N.S.; amended by § 1, Ord. No. 80-22)

B.

From the east side of the Greenridge Road intersection to Norris Canyon Road, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.161; based on § 2, Ord. No. 80-22)

C.

From a point 0.975 miles north of the intersection of Norris Canyon Road to the county line dividing Alameda County and Contra Costa County, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code §§ 8-81.16, 8-81.161, 8-81.162; based on § 2, Ord. No. 80-22; Ord. No. 2010-71, § 114, 12-21-10)

From where City Limit of Hayward crosses D Street to Fairview Avenue, forty (40) feet from and on each side of existing centerline.

(Prior gen. code § 8-82.45; based on § 1, Ord. No. 1016 N.S.; amended by § 1, Ord. No. 1018 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From the Union Pacific, formerly the Western Pacific, Railroad right-of-way to the easterly line of Mission Boulevard forty (40) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.21; based on § 2, Ord. No. 291 N.S.)

Northerly side, from the Union Pacific, formerly the Southern Pacific, Railroad right-of-way to a point five hundred twenty-five (525) feet westerly from the centerline of Ashland Avenue, eighty (80) feet as measured northerly from the existing southerly right-at-way line.

(Prior gen code § 8-81.22; based on § 1, Ord. No. 426 N.S.)

From a point five hundred twenty-five (525) feet westerly from the centerline at Ashland Avenue to a point one hundred twenty-five (125) feet westerly from the centerline of Ashland Avenue:

The northerly future width line shall be established as follows:

Commencing at a point forty-seven (47) feet northerly from the centerline of Lewelling Boulevard, measured at right angles thereto, distant along said centerline five hundred twenty-five (525) feet westerly from the centerline of Ashland Avenue; thence easterly to a point thirty-three (33) feet northerly from the centerline of Lewelling Boulevard, measured at right angles thereto, distant along said centerline one hundred twentyfive (125) feet westerly from the centerline of Ashland Avenue.

The southerly future width line shall be established eighty (80) feet southerly from the northerly future width line hereinabove established.

(Prior gen. code § 8-81.23; based on § 1, Ord. No. 426 N.S.)

Southerly side, from a point one hundred twenty-five (125) feet westerly from the centerline of Ashland Avenue to the angle point approximately sixty (60) feet easterly from the centerline of Alisal Court, eighty (80) feet as measured southerly from the existing northerly right-of-way line.

(Prior gen. code § 8-81.24; based on § 1, Ord. No. 426 N.S.)

From the angle point approximately sixty (60) feet easterly from the centerline of Alisal Court to the Union Pacific, formerly the Western Pacific, Railroad right-of-way.

The southerly future width line shall be established as follows:

Commencing at a point forty-seven (47) feet southerly from the centerline of Lewelling Boulevard, measured at right angles thereto, distant along said centerline 59.55 feet easterly from the centerline of Alisal Court; thence easterly to a point on the southwesterly right-of-way line of the Union Pacific, formerly

the Western Pacific, Railroad right-of-way forty (40) feet southerly of the centerline of Lewelling Boulevard, measured at right angles thereto.

The northerly future width line shall be established eighty (80) feet northerly from the southerly future width line hereinabove established.

(Prior gen. code § 8-81.25; based on § 1, Ord. No. 426 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From East Castro Valley Boulevard to the northeasterly terminus, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.28; based on § 2, Ord. No. 295 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.210 - Fairview Avenue.

From D Street to Hayward Boulevard, thirty (30) feet from and on each side of existing centerline.

(Prior gen. code § 8-82.44; based on § 1, Ord. No. 1016 N.S.; amended by § 1, Ord. No. 1018 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.220 - Foothill Road.

A.

From Dublin Canyon Road to Verona Road, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.30; based on § 2, Ord. No. 172 N.S.)

B.

From Verona Road to Kilkare Road, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.31; based on § 2, Ord. No. 172 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Bartlett Avenue to West A Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.32; based on § 2, Ord. No. 363 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From the easterly boundary line of the city of Hayward to its easterly terminus, thirty-four (34) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.33; based on § 1, Ord. No. 544 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

A.

From Via Alamitos to Lorenzo Avenue, eighty-six (86) feet as measured southeasterly from the existing northwesterly right-of-way line.

(Prior gen. code § 8-81.34; based on § 2, Ord. No. 299 N.S.)

B.

From Lorenzo Avenue to Channel Street, seventy-eight (78) feet as measured southeasterly from the existing northwesterly right-of-way line.

(Prior gen. code § 8-81.35; based on § 2, Ord. No. 299 N.S.)

C.

From Channel Street to the Union Pacific, formerly the Southern Pacific, Railroad right-of-way, forty-seven (47) feet as measured northerly from the existing centerline and thirty-nine (39) feet as measured southerly from the existing centerline.

(Prior gen. code § 8-81.36; based on § 2, Ord. No. 100 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From the existing northerly right-of-way boundary of Interstate 580 north and east to the Alameda CountySan Joaquin County Boundary fifty-five (55) feet as measured from and on each side of existing centerline.

(Prior gen. code § 8-81.374; based on § 1, Ord. No. 67-40; Ord. No. 2010-71, § 114, 12-21-10)

17.100.270 - Grove Way.

A.

From city of Hayward to a point approximately one hundred twenty (120) feet northeasterly of Oak Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.39; based on § 2, Ord. No. 291 N.S.)

B.

From Redwood Road to Center Street, forty (40) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.32; based on § 2, Ord. No. 446 N.S.)

C.

From Center Street to East Castro Valley Boulevard, forty-three (43) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.38; based on § 2, Ord. No. 182 N.S.; renumbered by § 2, Ord. No. 70-34; Ord. No. 2010-71, § 114, 12-21-10)

From Meekland Avenue to Mission Boulevard, thirty (30) feet as measured from and on the existing centerline.

(Prior gen. code § 8-81.40; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From East Avenue to Randall Way on either or both sides of the existing right-of-way lines as shown on the map labeled "Exhibit A, Hansen Road, East Avenue to Fairview Avenue, Future Width Lines (four sheets), March, 1972," on file with the Alameda County planning commission.

(Prior gen. code § 8-81.41; based on § 2, Ord. No. 212 N.S.; amended by § 1, Ord. No. 74-86; Ord. No. 2010-71, § 114, 12-21-10)

From Pleasanton-Sunol Road to Alisal Street, twenty-five (25) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.42; based on § 2, Ord. No. 341 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Medford Avenue to Willow Avenue, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.43; based on § 2, Ord. No. 291 N.S.)

From the boundary line of the city of Hayward southeasterly to end, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.44; based on § 2, Ord. No. 212 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

Twenty-two (22) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.46; based on § 1, Ord. No. 506 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From East Castro Valley Boulevard to the northeasterly terminus, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.47; based on § 2, Ord. No. 295 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From where City Limit of Hayward crosses Kelly Street to Maud Avenue, thirty-four (34) feet from and on each side of the existing centerline.

(Prior gen. code § 8-82.43; based on § 1, Ord. No. 1016 N.S.; amended by § 1, Ord. No. 1018 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Foothill Road to the northwesterly terminus, twenty-five (25) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.49; based on § 2, Ord. No. 172 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.370 - Lake Chabot Road.

A.

From the most westerly corner of Tract 1674 to a point approximately three thousand seven hundred (3,700) feet northwesterly therefrom, fifty-six (56) feet as measured northeasterly from the centerline of the existing sixty (60) foot right-of-way.

(Prior gen. code § 8-81.51; based on § 2, Ord. No. 240 N.S.)

B.

From a point approximately three thousand seven hundred (3,700) feet northwesterly of the most westerly corner of Tract 1674 to the boundary of the city of San Leandro, fifty-six (56) feet as measured southwesterly from the centerline of the existing right-of-way.

(Prior gen. code § 8-81.52, Based on § 2, Ord. No. 240 N.S.; amended by § 4, Ord. No. 70-34; Ord. No. 2010-71, § 114, 12-21-10)

From North Livermore Avenue, easterly to First Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.35; based on § I, Ord. No. 697 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.390 - Laurel Avenue.

From Meekland Avenue to the city of Hayward boundary line, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81-53; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.400 - Lewelling Boulevard.

A.

From Hesperian Boulevard to Usher Street, forty-two (42) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.55; based on § 1, Ord. No. 426 N.S.)

B.

From Usher Street to Tracy Street; the northerly future width lines shall be established as follows: Commencing at a point on the easterly right-of-way lines of Usher Street (formerly Second Street) distant thereon forty (40) feet northerly from the intersection thereof with the centerline of Lewelling Boulevard; thence easterly to a point on the easterly right-of-way line of Tracy Street (formerly Third Street) distant thereon forty-seven (47) feet northerly from the intersection thereof with the centerline of Lewelling Boulevard.

The southerly future width line shall be established eighty (80) feet southerly from the northerly future width line hereinabove established.

(Prior gen. code § 8-81.56; based on § 1, Ord. No. 426 N.S.)

C.

Northerly side, from Tracy Street to the Union Pacific, formerly the Southern Pacific, Railroad right-of-way, eighty (80) feet as measured northerly from the existing southerly right-of-way line.

(Prior gen. code § 8-81.57; based on § 1, Ord. No. 426 N. S.; Ord. No. 2010-71, § 114, 12-21-10)

From Grant Avenue to its northerly terminus, twenty-five (25) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.58; based on § 2, Ord. No. 167 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.420 - Los Banos Street.

From 165th Avenue to 169th Avenue, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.59; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Mono Avenue to 162nd Avenue, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.61; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.440 - Martin Avenue.

From Mohr Avenue to the northerly terminus, thirty (30) feet as measured from and on the existing centerline.

(Prior gen. code § 8-81.62; based on § 2, Ord. No. 172 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Mono Avenue to 162nd Avenue, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.64; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.460 - Mattox Road.

A.

From Mission Boulevard to Foothill Boulevard, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.65; based on § 2, Ord. No. 291 N.S.)

B.

Southeasterly side, from Foothill Boulevard to Oak Street, thirty (30) feet as measured southeasterly from the existing centerline.

(Prior gen. code § 8-81.66; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Tanager Avenue to 163rd Avenue, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.67; based on § 2, Ord. No. 291 N.S. and § 1, Ord. No. 554 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Kelly Street to D Street, forty (40) feet from and on each side of the existing centerline.

(Prior gen. code § 8-82.42; based on § 1, Ord. No. 1016 N.S.; amended by § 1, Ord. No. 1018 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Meekland Avenue to Mission Boulevard, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.68; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.500 - Meekland Avenue.

A.

From East Lewelling Boulevard to San Lorenzo Creek, thirty-two (32) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.54; based on § 1, Ord. No. 68-76)

B.

From San Lorenzo Creek to A Street, thirty-four (34) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.69; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Maubert Avenue to Mateo Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.72; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Portola Avenue, northerly to Manning Road, forty (40) feet as measured from each side of the existing centerline.

(Prior gen. code § 8-82.34; based on § 1, Ord. No. 697 N. S.; Ord. No. 2010-71, § 114, 12-21-10)

From East Castro Valley Boulevard to East Castro Valley Boulevard, forty-three (43) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.80; based on § 2, Ord. No. 212 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Palo Verde Road southeasterly to Niles Canyon Road forty-three (43) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.78; based on § 2, Ord. No. 212 N.S.; amended by Ord. No. 238 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Verona Road to the boundary line of the city of Pleasanton, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.47; based on § 2, Ord. No. 172 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Meekland Avenue to Princeton Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.81; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Willow Avenue to A Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.82; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

A.

From Grove Way north to Vegas Avenue thirty (30) feet east of the existing easterly right-of-way line.

B.

From Vegas Avenue north to Pine Street, a maximum of thirty-seven (37) feet on either side of the existing right-of-way as shown on the map labeled "Redwood Road Future Width Lines, Exhibit A, August 2, 1971," on file with the Alameda County Planning Commission, 399 Elmhurst Street, Hayward, California.

C.

From Pine Street north to Castro Valley Boulevard, thirty-seven (37) feet west and fourteen (14) feet east of the existing right-of-way lines.

(Prior gen. code § 8-82.57; based on § 1, Ord. No. 71-80; Ord. No. 2010-71, § 114, 12-21-10)

From Ehle Street to John Street, twenty-five (25) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.83; based on § 2, Ord. No. 388 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Bartlett Avenue to West A Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-81.87; based on § 2, Ord. No. 363 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Park Way to Stanton Avenue, five feet as measured south from the existing southerly right-of-way line.

(Prior gen. code § 8-82.55; based on § 1, Ord. No. 70-24; Ord. No. 2010-71, § 114, 12-21-10)

From Castro Valley Boulevard to Somerset Avenue, twenty-eight (28) feet, from and on either side of the existing centerline.

(Prior gen. code § 8-82.0; based on § 2, Ord. No. 957 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Mission Road southeasterly to end, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.3; based on § 2, Ord. No. 238 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Meekland Avenue to the city of Hayward boundary line, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.4, Based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From 168th Avenue to Redwood Road, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.5; based on § 2, Ord. No. 521 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From the boundary line of the city of Livermore to Tesla Road, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.7; based on § 1, Ord. No. 444 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

A.

From the boundary line of the city of Pleasanton to the Union Pacific, formerly the Southern Pacific, Railroad right-of-way, forty (40) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.9; based on § 2, Ord. No. 172 N.S.)

B.

From the Union Pacific, formerly the Southern Pacific, Railroad right-of-way to Isabel Avenue, sixty-three (63) feet as measured southeasterly from the existing centerline and thirty-three (33) feet measured northwesterly from the existing centerline.

(Prior gen. code § 8-82.10; based on § 2, Ord. No. 172 N.S.; amended by Ord. No. 376 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Castro Valley Boulevard to Somerset Street, thirty-four (34) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.11; based on § 2, Ord. No. 364 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From East Castro Valley Boulevard to the northeasterly terminus, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.12; based on § 2, Ord. No. 295 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Liberty Street to Maubert Avenue, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.14; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.710 - Tesla Road.

A.

From South Livermore Avenue to South Vasco Road, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.17; based on § 1, Ord. No. 444 N.S.)

B.

From South Vasco Road to Greenville Road, forty (40) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.18; based on § 1, Ord. No. 444 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Sunset Boulevard to the northerly terminus, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.19; based on § 2, Ord. No. 507 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From the southerly right-of-way line of Dalton Avenue (Livermore City Boundary) to the Alameda County — Contra Costa County boundary, forty-four (44) feet as measured from and on each side of the existing

centerline.

(Prior gen. code § 8-82.202; based on § 2, Ord. No. 67-24; Ord. No. 2010-71, § 114, 12-21-10)

From the city of Pleasanton boundary line to the Pleasanton-Murray Township line, forty-three (43) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.21; based on § 2, Ord. No. 172 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From South Livermore Avenue south to Marina Avenue forty-four (44) feet as measured from and on each side of existing centerline.

(Prior gen. code § 8-82.217; based on § 1, Ord. No. 67-53; Ord. No. 2010-71, § 114, 12-21-10)

From Hesperian Boulevard to Garden Avenue, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.23; based on § 2, Ord. No. 363 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

A.

Southwesterly side from Hampton Road to the city of Hayward boundary line, forty-four (44) feet as measured southeasterly from the existing northeasterly right-of-way line.

(Prior gen. code § 8-82.26; based on § 2, Ord. No. 291 N.S.)

B.

Northeasterly side, from Hampton Road to the city of Hayward boundary line, forty-four (44) feet as measured northeasterly from the existing southwesterly right-of-way line.

(Prior gen. code § 8-82.27; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From Castro Valley Boulevard to Norbridge Avenue, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.28; based on § 2, Ord. No. 414 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

17.100.790 - Willow Avenue.

From Meekland Avenue to Western Boulevard, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.29; based on § 2, Ord. No. 291 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

From East Avenue to Second Street, thirty (30) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-82.30; based on § 2, Ord. No. 212 N.S.; Ord. No. 2010-71, § 114, 12-21-10)

Chapter 17.102 - SPECIAL BUILDING LINES

Sections:

For the purpose of measuring yard dimensions and determining building lines as provided in this chapter there are the special building lines enumerated in this article.

(Prior gen. code § 8-84.0; based on § 28, Ord. No. 420; Ord. No. 2010-71, § 115, 12-21-10)

From East 14th Street to Foothill Boulevard, fifty (50) feet as measured from and on the existing centerline.

(Prior gen. code § 8-84.57; based on § 3, Ord. No. 291 N.S. and § 3, Ord. No. 517 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From East 14th Street to Los Banos Street, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84-58; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From East 14th Street to Los Banos Street, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.59; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From the city limits of Hayward easterly to Knox Street, sixty (60) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.2; based on § 3, Ord. No. 554 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Castro Valley Boulevard to Somerset Avenue, forty-five (45) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.3; based on § 2, Ord. No. 577 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.070 - Ashland Avenue.

A.

From East Lewelling Boulevard to the Union Pacific, formerly the Western Pacific, Railroad right-of-way, sixty (60) feet measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.5; based on § 3, Ord. No. 433 N.S.)

B.

From the Union Pacific, formerly the Western Pacific, Railroad right-of-way to Delano Street, sixty-four (64) feet as measured westerly from the existing centerline, and fifty-six (56) feet as measured easterly from the existing centerline.

(Prior gen. code § 8-84.6; based on § 3, Ord. No. 291 N.S.)

C.

From Delano Street to East 14th Street, fifty-seven (57) feet measured westerly from the existing centerline, and sixty-three (63) feet as measured easterly from the existing centerline.

(Prior gen. code § 8-84.4; based on § 3, Ord. No. 291 N.S.; amended by § 7, Ord. No. 70-34; Ord. No. 2010-71, § 115, 12-21-10)

From Foothill Road to Main Street, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.9; based on § 3, Ord. No. 172 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

On the southwesterly side, seventy (70) feet westerly from the existing westerly right-of-way line, from the Contra Costa County Line to the San Joaquin County Line.

(Prior gen. code § 8-84.9B; based on § 3, Ord. No. 67-42; Ord. No. 2010-71, § 115, 12-21-10)

From Mission Road to the county line dividing Alameda County and Santa Clara County, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.10; based on § 3, Ord. No. 172 N. S.; Ord. No. 2010-71, § 115, 12-21-10)

From Foothill Road to Pleasanton-Sunol Road, seventy (70) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.11; based on § 3, Ord. No. 172 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.120 - Center Street.

A.

From the Boundary line of the city of Hayward to Grove Way, sixty (60) feet and on each side of the existing centerline.

(Prior gen. code § 8-84.14; based on § 2, Ord. No. 414 N.S.)

B.

From Castro Valley Boulevard to James Avenue, fifty (50) feet from and on each side of the existing centerline.

(Prior gen. code § 8-84.13; based on § 3, Ord. No. 493 N.S.)

C.

Twenty (20) foot setback from Center Street, Eden Township, between its northerly terminus and James Street.

(Prior gen. code § 8-85.36; based on Ord. No. 420; amended by § 19, Ord. No. 567; amended by § 3, Ord. No. 493 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.130 - Crow Canyon Road.

A.

From East Castro Valley Boulevard to Manter Road one hundred (100) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.15; based on § 3, Ord. No. 295 N.S.; amended by § 1, Ord. No. 80-22)

B.

From the east side of the Greenridge Road intersection to Norris Canyon Road, one hundred (100) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.151)

C.

From a point 0.975 miles north of the intersection of Norris Canyon Road to the county line dividing Alameda County and Contra Costa County, one hundred (100) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.152; based on § 2, Ord. No. 80-22; Ord. No. 2010-71, § 115, 12-21-10)

From Crow Canyon Road to the northwesterly terminus eighty-three (83) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.16; based on § 3, Ord. No. 295 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.150 - D Street.

From where city limits of Hayward crosses D Street to Fairview Avenue, sixty (60) feet on each side of existing centerline.

(Prior gen. code § 8-85.41; based on § 1, Ord. No. 101B N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.160 - East Lewelling Boulevard.

A.

From the Union Pacific, formerly the Southern Pacific, Railroad right-of-way to the Union Pacific, formerly the Western Pacific, Railroad right-of-way, twenty (20) feet from and in addition to those future width lines hereinabove established.

(Prior gen. code § 8-84.20; based on § 2, Ord. No. 426 N.S.)

B.

From the Union Pacific, formerly the Western Pacific, Railroad right-of-way to the easterly line of Mission Boulevard, sixty (60) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.21; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.170 - Eden Canyon Road.

From East Castro Valley Boulevard to the northeasterly terminus, eighty (80) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.24; based on § 3, Ord. No. 295 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.180 - Fairview Avenue.

From D Street to Hayward Boulevard, fifty (50) feet from and on each side of existing centerline.

(Prior gen. code § 8-85.40; based on § 1, Ord. No. 101B N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.190 - Foothill Road.

A.

From Dublin Canyon Road to Verona Road, seventy (70) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.25; based on § 3, Ord. No. 172 N.S.)

B.

From Verona Road to Kilkare Road, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.26; based on § 3, Ord. No. 172 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From the easterly boundary line of the city of Hayward to its easterly terminus, fifty-four (54) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.27; based on § 2, Ord. No. 544 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.210 - Grant Avenue.

A.

From Via Alamitos to Lorenzo Avenue, twenty (20) feet as measured northwesterly from the existing northwesterly right-of-way line and one hundred six (106) feet as measured southeasterly from the existing northwesterly right-of-way line.

(Prior gen. code § 8-84.28; based on § 3, Ord. No. 299 N.S.)

B.

From Lorenzo Avenue to Channel Street, twenty (20) feet as measured northwesterly from the existing northwesterly right-of-way line and ninety-eight (98) feet as measured southeasterly from the existing northwesterly right-of-way line.

(Prior gen. code § 8-84.29; based on § 3, Ord. No. 299 N.S.)

C.

From the Union Pacific, formerly the Southern Pacific, Railroad right-of-way, southwesterly to the end of County Road, sixty-seven (67) feet as measured northwesterly from the existing centerline and fifty-nine (59) feet as measured southeasterly from the existing centerline.

(Prior gen. code § 8-84.30; based on § 3, Ord. No. 299 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From the existing northerly right-of-way boundary of Interstate 580 north and east to the Alameda CountySan Joaquin County Boundary seventy-five (75) feet as measured from and on each side of existing

centerline.

(Prior gen. code § 8-84.304; based on § 2, Ord. No. 67-40; Ord. No. 2010-71, § 115, 12-21-10)

From Tesla Road northerly to a point approximately nine hundred (900) feet southerly of the Union Pacific, formerly the Western Pacific, Railroad right-of-way, seventy (70) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.31; based on § 2, Ord. No. 603 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.240 - Grove Way.

A.

From the city of Hayward to a point approximately one hundred twenty (120) feet northeasterly of Oak Street, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.32; based on § 3, Ord. No. 291 N.S.)

B.

Twenty (20) foot setback from Grove Way, Eden Township, between the city of Hayward and Redwood Road.

(Prior gen. code § 8-85.35; based on Ord. No. 420; amended by § 19, Ord. No. 567)

C.

From Redwood Road easterly to Center Street, sixty (60) feet as measured on each side of the existing centerline.

(Prior gen. code § 8-85.16; based on § 2, Ord. No. 343 N.S.)

D.

Twenty (20) foot setback from Grove Way, Eden Township, between Center Street and East Castro Valley Boulevard.

(Prior gen. code § 8-85.31; based on Ord. No. 420; amended by § 19, Ord. No. 567; amended by § 3, Ord. No. 554 N.S.; amended by § 2, Ord. No. 905 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Meekland Avenue to Mission Boulevard, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.33; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.260 - Haviland Avenue.

From Medford Avenue to Willow Avenue, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.34; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

Twenty (20) foot setback from Heyer Avenue, Eden Township, between Center Street and Redwood Road.

(Prior gen. code § 8-85.37; based on Ord. No. 420; amended by § 19, Ord. No. 567; Ord. No. 2010-71, § 115, 12-21-10)

From East Castro Valley Boulevard to the northeasterly terminus, sixty (60) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.37; based on § 3, Ord. No. 295 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From where City Limit of Hayward crosses Kelly Street to Maud Avenue, fifty-four (54) feet from and on each side of the existing centerline.

(Prior gen. code § 8-85.39; based on § 1, Ord. No. 101B N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Foothill Road to the northwesterly terminus, forty-five (45) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.39; based on § 3, Ord. No. 172 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.310 - Lake Chabot Road.

A.

From Castro Valley Boulevard northerly to the northwesterly line of Lot 1 of Block 6 of said Tract 1674, twenty (20) feet from and on each side of the existing right-of-way lines.

(Prior gen. code § 8-85.27; based on § 3, Ord. No. 313 N.S.; amended by § 13, Ord. No. 70-34)

B.

From the most westerly corner of Tract 1674 to a point approximately three thousand seven hundred (3,700) feet northwesterly therefrom, seventy-six (76) feet as measured northeasterly and fifty (50) feet as measured southwesterly from the centerline of the existing sixty (60) foot right-of-way.

(Prior gen. code § 8-84.40; based on § 3, Ord. No. 240 N.S.)

C.

From a point approximately three thousand seven hundred (3,700) feet northwesterly of the most westerly corner of Tract 1674 to the boundary of the city of San Leandro, seventy-six (76) feet as measured southwesterly and fifty (50) feet as measured northeasterly from the centerline of the existing sixty (60) foot right-of-way.

(Prior gen. code § 8-84.41; based on § 3, Ord. No. 240 N.S.; amended by § 10, Ord. No. 70-34; Ord. No. 2010-71, § 115, 12-21-10)

From North Livermore Avenue, easterly to First Street, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-85.21; based on § 2, Ord. No. 697 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Meekland Avenue to the city of Hayward boundary line, fifty (50) feet as measured from and on each side of the exiting centerline.

(Prior gen. code § 8-84.42; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Interstate 880 to the Union Pacific, formerly the Southern Pacific, Railroad right-of-way, twenty (20) feet from and in addition to those future width lines hereinabove established.

(Prior gen. code § 8-84.43; based on § 2, Ord. No. 426 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Grant Avenue to its northerly terminus, forty-five (45) feet as measured from and on each side of the existing centerline.

(Prior gen. code 8-84.44; based on § 3, Ord. No. 167 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From 165th Avenue to 169th Avenue, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.45; based on § 31 Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Mono Avenue to 162nd Avenue, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.46; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.380 - Martin Avenue.

From Mohr Avenue to the northerly terminus fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.47; based on § 3, Ord. No. 172 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Mono Avenue to 162nd Avenue, fifty (50) feet as measured from and on the existing centerline.

(Prior gen. code § 8-84.48; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.400 - Mattox Road.

A.

From East 14th Street to Foothill Boulevard, fifty (50) feet as measured from and on the existing centerline.

(Prior gen. code § 8-84.49; based on § 3, Ord. No. 291 N.S.)

B.

Southeasterly side, from Foothill Boulevard, to Oak Street, fifty (50) feet as measured southeasterly from the existing centerline.

(Prior gen. code § 8-84.50; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.410 - Maubert Avenue.

From Tanager Avenue to 163rd Avenue, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.51; based on § 3, Ord. No. 291 N.S. and § 3, Ord. No. 554 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Kelly Street to D Street, sixty (60) feet from and on each side of the existing centerline.

(Prior gen. code § 8-85.38; based on § 1, Ord. No. 101B N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.430 - Medford Avenue.

From Meekland Avenue to Mission Boulevard fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.52; based on § 31 Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.440 - Meekland Avenue.

A.

From East Lewelling Boulevard to San Lorenzo Creek, fifty-two (52) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-85.50; based on § 1, Ord. No. 68-76)

B.

From San Lorenzo Creek to A Street, fifty-four (54) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.53; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Maubert Avenue to Mateo Street, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.55; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Crow Canyon Road to the Alameda-Contra Costa County Line, eighty-three (83) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.56; based on § 3, Ord. No. 295 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Portola Avenue, northerly to Manning Road, sixty (60) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-85.20; based on § 2, Ord. No. 697 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.480 - Pinehurst Road.

From Redwood Road to the Alameda-Contra Costa County Line, eighty-three (83) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.61; based on § 3, Ord. No. 295 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Meekland Avenue to Princeton Street, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.62; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Willow Avenue to A Street, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.63; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

A.

From Knox Street to Grove Way, sixty (60) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.64; based on § 3, Ord. No. 554 N.S.)

B.

From Grove Way to Interstate 580, thirty (30) feet as measured easterly from the existing right-of-way line.

(Prior gen. code § 8-85.23 (part); based on § 2, Ord. No. 905 N.S.)

C.

From Interstate 580 to Castro Valley Boulevard, thirty (30) feet as measured westerly from the existing rightof-way line.

(Prior gen. code § 8-85.23 (part); based on § 2, Ord. No. 905 N.S.)

D.

From Castro Valley Boulevard to a point five hundred (500) feet northerly of Proctor Road sixty (60) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.67; based on § 2, Ord. No. 381 N.S.; amended by § 11, Ord. No. 70-34)

E.

From a point five hundred (500) feet northerly of Proctor Road, northwesterly to the boundary line of the city of Oakland, eighty-three (83) feet from and on each side of the existing centerline.

(Prior gen. code § 8-84.70; based on § 3, Ord. No. 295 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Ehle Street to John Street, forty-five (45) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.71; based on § 3, Ord. No. 388 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Park Way to Stanton Avenue, seven and one-half feet south of the right-of-way line and seven and one-half feet north of the right-of-way line.

(Prior gen. code § 8-85.51; based on § 1, Ord. No. 70-24; Ord. No. 2010-71, § 115, 12-21-10)

From Castro Valley Boulevard to Somerset Avenue fifty (50) feet from and on each side of the existing centerline.

(Prior gen. code § 8-85.14; based on § 2, Ord. No. 745 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Castro Valley Boulevard to Somerset Avenue forty-eight (48) feet from and on either side of the existing centerline.

(Prior gen. code § 8-84.75; based on § 2, Ord. No. 957 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.560 - Seven Hills Road.

A.

Twenty (20) foot setback from that portion of Seven Hills Road, Eden Township, between Lake Chabot Road and Redwood Road.

(Prior gen. code § 8-85.33; based on Ord. No. 420; amended by § 19, Ord. No. 567)

B.

Twenty (20) foot setback from that portion of Seven Hills Road, Eden Township, between Brickell Way and the Castro Valley Creek.

(Prior gen. code § 8-85.34; based on Ord. No. 420; amended by § 19, Ord. No. 567; Ord. No. 2010-71, § 115, 12-21-10)

From Meekland Avenue to the city of Hayward boundary line, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.78; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From 168th Avenue to Redwood Road, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.79; based on § 3, Ord. No. 521 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From the boundary line of the city of Livermore to Tesla Road, seventy (70) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.80; based on § 2, Ord. No. 444 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

A.

From the boundary line of the city of Pleasanton to the Union Pacific, formerly the Southern Pacific, Railroad right-of-way, sixty (60) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.82; based on § 3, Ord. No. 172 N.S.)

B.

From the Union Pacific, formerly the Southern Pacific, Railroad right-of-way to Isabel Avenue, eighty-three (83) feet measured southeasterly from the existing centerline and fifty-three (53) feet measured northwesterly from the existing centerline.

(Prior gen. code § 8-84.83; based on § 3, Ord. No. 172 N.S.; amended by § 2, Ord. No. 376 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.610 - Stanton Avenue.

A.

From Castro Valley Boulevard to Somerset Avenue, fifty-four (54) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.84; based on § 3, Ord. No. 364 N.S.)

B.

Twenty (20) foot setback from Stanton Avenue, Eden Township, between Crest Avenue and Somerset Avenue.

(Prior gen. code § 8-85.32; based on Ord. No. 420; amended by § 19, Ord. No. 567; amended by § 3, Ord. No. 364 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From East Castro Valley Boulevard to the northeasterly terminus, sixty (60) feet from and on each side of the existing centerline.

(Prior gen. code § 8-84.85; based on § 3, Ord. No. 295 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Liberty Street to Maubert Avenue, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.86; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.640 - Tesla Road.

A.

From South Livermore Avenue to South Vasco Road, seventy (70) feet as measured from and on each side of the existing centerline.

(Prior gen code § 8-84.88; based on § 2, Ord. No. 444 N.S.)

B.

From South Vasco Road to Greenville Road sixty (60) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-84.89; based on § 2, Ord. No. 444 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

Commencing from a point on the southern boundary of the Bernal portion of the Rancho el Valle de San Jose at the corner common to Plots 37 and 38 of said Rancho, in an easterly direction a distance of approximately seven thousand three hundred ninety-one (7,391) feet, two hundred (200) feet as measured northerly from and perpendicular to the existing centerline.

(Prior gen. code § 8-85.0; based on § 3, Ord. No. 172 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From Sunset Boulevard to the northerly terminus, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-85.1; based on § 3, Ord. No. 507 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

From South Livermore Avenue south to Marina Avenue sixty-four (64) feet as measured from and on each side of existing centerline.

(Prior gen. code § 8-85.47; based on § 4, Ord. No. 68-69; Ord. No. 2010-71, § 115, 12-21-10)

A.

Southwesterly side, from Hampton Road to the city of Hayward boundary line, sixty-four (64) feet as measured southwesterly from the existing northeasterly right-of-way line

(Prior gen. code § 8-85.11; based on § 3, Ord. No. 291 N.S.)

B.

Northeasterly side, from Hampton Road to the city of Hayward boundary line, sixty-four (64) feet as measured northeasterly from the existing southwesterly right-of-way line

(Prior gen. code § 8-85.12; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

17.102.690 - Willow Avenue.

From Meekland Avenue to Western Boulevard, fifty (50) feet as measured from and on each side of the existing centerline.

(Prior gen. code § 8-85.13; based on § 3, Ord. No. 291 N.S.; Ord. No. 2010-71, § 115, 12-21-10)

Chapter 17.104 - SCENIC ROUTE CORRIDORS[[4]]

Sections:

Footnotes:

--- ( 4 ) ---

Editor's note— Based on Ordinance No. 77-27.

There are hereby adopted scenic route corridors for Redwood Road from San Lorenzo Creek to Camino Alta Mira, as shown on the maps comprising Exhibit A to Ordinance No. 72-77 and the attached descriptions.

(Ord. No. 2010-71, § 116, 12-21-10)

17.104.020 - Redwood Road corridor widths, west side, south to north (distances are from right-of-way).

A.

Between Hayward city limits and Grove Way: Right-of-way.

B.

Between Grove Way and one hundred eighty (180) feet south of Lessley Street: Varies from two hundred fifteen (215) feet at north right-of-way of Grove Way to one hundred (100) feet at one hundred eighty (180) feet south of Lessley Street (follows rear property line of fronting property — eight parcels).

C.

Between one hundred eighty (180) feet south of Lessley Street and Redwood Court: Right-of-way.

D.

Between Redwood Court and Castro Valley Boulevard: One hundred forty (140) feet.

E.

Between Castro Valley Boulevard and four hundred eighty (480) feet north of Castro Valley Boulevard: Four hundred twenty (420) feet.

F.

Between four hundred eighty (480) feet north of Castro Valley Boulevard and Mabel Avenue: Right-of-way.

G.

Between Mabel Avenue and Wilson Avenue: Varies from two hundred (200) feet to two hundred ten (210) feet (follows rear property lines of parcels fronting on Redwood Road—five parcels); narrows to one hundred (100) feet to rear property line of parcel at southwest corner of Wilson Avenue and Redwood Road.

H.

Between Wilson Avenue and opposite south right-of-way of Emily Court: Right-of-way.

I.

Between Emily Court and Hillside Drive: Varies from one hundred ten (110) feet to one hundred twenty-five (125) feet (follows rear property lines of fronting parcels).

J.

Between Hillside Drive and Buti Park Drive: Varies from seventy-eight (78) feet to one hundred seven (107) feet (follows rear property lines of fronting parcels).

K.

Between Buti Park Drive and three hundred fifty (350) feet north of Proctor Road: One hundred ten (110) feet.

L.

Between three hundred fifty (350) feet north of Proctor Road and Willow Park Golf Course: Varies from one hundred ninety-four (194) feet to two hundred ninety (290) feet (follows rear property lines of fronting parcels).

(Ord. No. 2010-71, § 116, 12-21-10)

17.104.030 - Redwood Road corridor widths, east side, south to north (distances are from right-of-way).

A.

Between Hayward City Limits and nine hundred seventy (970) feet north of Fourth Street: Corridor follows center line of San Lorenzo Creek.

B.

Between nine hundred seventy (970) feet north of Fourth Street and Grove Way: Right-of-way.

C.

Between Grove Way and one hundred ten (110) feet south of Lessley Street: Varies from two hundred (200) feet at northeast right-of-way of Grove Way to one hundred thirty (130) feet at one hundred ten (110) feet south of Lessley Street (follows rear property lines of fronting property).

D.

Between one hundred ten (110) feet south of Lessley Street to Emily Court: Right-of-way.

E.

Between Emily Court and Audrey Drive: One hundred (100) feet.

F.

Between Audrey Drive and Seaview Drive: Seventy-five (75) feet (follows rear property lines).

G.

Between Seaview Drive and Proctor Road: One hundred (100) feet.

H.

Between Proctor Road and one hundred (100) feet south of Foxboro Drive: Sixty-eight (68) feet.

I.

Between one hundred (100) feet south of Foxboro Drive and Foxboro Drive: One hundred one (101) feet.

J.

Between north right-of-way of Foxboro Drive to Camino Alta Mira: One hundred two (102) feet.

(Ord. No. 2010-71, § 116, 12-21-10)

17.104.040 - I-238.

There are hereby adopted scenic route corridors for I-238 between the I-580 interchange and I-880 interchange, as shown on the maps comprising Exhibit A to Ordinance No. 72-77 and the attached descriptions.

(Ord. No. 2010-71, § 116, 12-21-10)

17.104.050 - I-238 corridor widths, south side, east to west (distances are from route right-of-way).

A.

Between I-580 interchange and I-880 interchange: Right-of-way.

(Ord. No. 2010-71, § 116, 12-21-10)

17.104.060 - I-238 corridor widths, north side, east to west (distances are from route right-of-way).

A.

Between I-580 Interchange and Kent Avenue: Right-at-way.

B.

Between Kent Avenue and five hundred sixty (560) feet west of Kent Avenue: Follows south right-of-way of Lynn Court, varies from four hundred twenty (420) feet at Lynn Court to three hundred (300) feet at five hundred sixty (560) feet west of Kent Avenue.

C.

Between five hundred sixty (560) feet west of Kent Avenue and I-880 interchange: Right-of-way.

(Ord. No. 2010-71, § 116, 12-21-10)

There are hereby adopted scenic route corridors for I-580 from 149th Avenue to I-238, as shown on the maps comprising Exhibit A to Ordinance No. 72-77 and the attached descriptions.

(Ord. No. 2010-71, § 116, 12-21-10)

17.104.080 - I-580 corridor widths, east side, south to north (distances are from route right-of-way).

A.

Between Route 238 interchange and west Ehle Street right-of-way: Sixty (60) feet.

B.

Between southwest corner of Ehle Street right-of-way and northwest corner of Ehle Street right-of-way: Varies eighty (80) feet at southwest corner to three hundred thirty (330) feet at northwest corner (follows west right-of-way of Ehle Street).

C.

Between northwest corner of Ehle Street right-of-way to north Miramonte Avenue right-of-way: Three hundred thirty (330) feet.

D.

Between Miramonte Avenue northwest right-of-way and Saratoga Street southwest right-of-way: Varies from seven hundred thirty (730) to seven hundred twenty (720) feet.

E.

Between Saratoga Street southwest corner and Saratoga Street northwest corner: Follows west right-ofway of Saratoga Street.

F.

Between Saratoga Street northwest corner to Strang Avenue southwest corner: Follows west right-of-way of Saratoga Street.

G.

Between Strang Avenue southwest corner and Carolyn Street northwest corner: Follows south right-of-way of Strang Avenue.

H.

Between Carolyn Street northwest corner and Fairmont Drive: Follows Foothill Boulevard west right-of-way.

I.

Between Fairmont Drive south right-of-way and 1-580: Two hundred (200) feet.

J.

Between Fairmont Drive south right-of-way and San Leandro City Limits: 1-580 right-of-way.

(Ord. No. 2010-71, § 116, 12-21-10)

17.104.090 - I-580 corridor widths, west side, south to north (distances are from route right-of-way).

A.

Between I-238 north right-of-way and Los Banos Street southeast right-of-way: Two hundred sixty-five (265) feet.

B.

Between Los Banos Street east right-of-way to 165th Avenue south right-of-way: East right-of-way of Los Banos Street.

C.

Between Los Banos Street northeast right-at-way and Maubert Avenue southeast right-of-way: Varies from four hundred seventy (470) feet at Los Banos Street and 165th Avenue to four hundred (400) feet at Maubert Avenue (connects east right-of-way of Los Banos Street with east right-of-way of Maubert Avenue).

D.

Between Maubert Avenue South corner and 162nd Avenue: East right-of-way of Maubert Avenue (varies four hundred (400) feet at Maubert Avenue south corner to three hundred forty (340) feet at 162nd Avenue).

E.

Between 162nd Avenue and Liberty Avenue to three hundred thirty (330) feet south of Fairmont Drive: East right-of-way of Liberty Avenue.

F.

Between three hundred thirty (330) feet south of Fairmont Drive and Freedom Avenue southeast corner: Seventy (70) feet.

G.

Between Freedom Avenue southeast corner to San Leandro City Limits: East right-of-way of Freedom Avenue.

(Ord. No. 2010-71, § 116, 12-21-10)

Chapter 17.106 - DENSITY BONUS

Sections:

17.106.010 - Title.

This chapter shall be called the density bonus ordinance of the County of Alameda.

(Ord. No. 2012-58, § 26, 4-10-12)

17.106.020 - Purpose.

This chapter establishes policies which facilitate the development of affordable housing for very low and lower income households and senior households within the unincorporated area of Alameda County, through the provision of a density bonus, and additional financial incentives if necessary for affordability, to applicants who agree to meet the requirements established by this chapter.

(Ord. No. 2012-58, § 26, 4-10-12)

17.106.030 - Definitions.

For the purposes of this chapter, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended:

"Affordable housing agreement" means the agreement made between the applicant and the county governing the regulation and monitoring of the affordable units.

"Amenities" means interior amenities including, but not limited to, fireplaces, garbage disposals, dishwashers, cabinets and storage space and bathrooms in excess of one.

"Applicant" means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks a density bonus or incentives or both under this chapter.

"Base units" means the number of units that would be allowed under the general plan land use designation and zoning ordinance for the subject site before calculation of the density bonus.

"Child care facility" means a facility, other than a day care home, licensed by the State of California to provide non-medical care to children under eighteen (18) years of age in need of personal services, supervision or assistance on less than a 24-hour basis.

"Density bonus" means an increase in density over the otherwise maximum allowable residential density under the applicable zoning ordinance and general plan land use designation taking into account all applicable limitations.

"Density bonus unit" means a residential dwelling unit authorized as a result of the granting of a density bonus.

"Household" means one person living alone or two or more persons sharing a residential dwelling.

"Housing development" means a project providing residential units including, without limitation, a subdivision, a planned unit development, multifamily dwellings, or condominium project. Housing developments consist of development of residential units or creation of unimproved residential lots and also include either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, where the result of the rehabilitation would be a net increase in available residential units.

"Incentive" may include any of the following:

1.

Approval of a mixed-use development if commercial, office, industrial, or other land uses will help to offset the costs of the housing development. A mixed-use development will be approved only if the commercial, office, industrial, or other land uses are compatible with the surrounding land uses, the county general plan, and applicable specific plans;

2.

Government-assisted financing, including, but not limited to, mortgage revenue bonds issued by the county;

3.

A reduction in site development standards, but only if the overall quality of the development is not lessened. All developments must also meet any design guidelines codified by the county at a future date;

4.

Other incentives proposed by the developer or the county which result in identifiable cost reductions, including but not limited to:

a.

Waiver or reduction of certain county fees applicable to restricted units in a housing development,

b.

Reduction of interior amenities,

c.

Priority processing of a housing development which provides restricted units. Upon certification that the application is complete and eligible for priority processing, the housing development will be reviewed by the planning director in advance of all nonpriority items. The housing development review will be completed and a recommendation will be made by the planning director whether to approve the housing development within one hundred twenty (120) days of receipt of the completed application. The planning director may give written approval to extend the one hundred twenty (120) day period.

"Lower income household" means a household whose gross income is eighty (80) percent or less of the Alameda County median income adjusted for household size, computed pursuant to California Health and Safety Code Section 50079.5; if the Health and Safety Code definition is amended, this definition shall be deemed to be amended to the same effect.

"Maximum allowable residential density" means the density allowed under the general plan, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the project. Maximum allowable residential density takes into account limitations to density pursuant to general plan policies and zoning ordinance regulations.

"Median income" means the median income for Alameda County, published by the United States Department of Housing and Urban Development.

"Moderate income household" means a household, with an annual income which does not exceed the United States Department of Housing and Urban Development annual determination for moderate income households with incomes of one hundred twenty (120) percent of the median income, adjusted for household size.

"Qualifying unit" means a dwelling or dwellings designated for occupancy by very low, low, or moderate income households, within a housing development, which make the housing development eligible for a density bonus.

"Resale controls" means a resale restriction placed on restricted units by which the price of such units and/or the age or income of the purchaser will be restricted to ensure affordability and occupancy by very low or lower income households or senior households.

"Restricted unit" means a residential dwelling unit to be sold or rented at a price or rent affordable to a very low, lower, or moderate income household, or sold or rented to a senior household.

"Senior citizen housing development" means a housing community governed by a common set of rules, regulations or restrictions, consisting of at least thirty-five (35) dwelling units reserved for senior citizen households as further described in California Civil Code Sections 51.3 and 51.12.

"Senior household" means as established by California Civil Code Section 51.3, a household in which at least one member is at least sixty-two (62) years of age.

"Term of affordability" means the time during which restricted units in a housing development must remain as restricted units.

"Unit type" means a dwelling unit with a defined floor area and a designated number of bedrooms.

"Very low income household" means a household whose gross income is fifty (50) percent or less of the Alameda County median income adjusted for household size, computed pursuant to California Health and Safety Code Section 50079.5.

(Ord. No. 2012-58, § 26, 4-10-12)

17.106.040 - Density bonus qualifications.

In order to qualify for a density bonus and one or more incentives under this chapter, a housing development must consist of five or more dwelling units and meet one or more of the following criteria:

A.

Agrees to construct and maintain at least five percent of the base units for very low income households;

B.

Agrees to construct and maintain at least ten (10) percent of the base units for lower income households;

C.

Agrees to construct and maintain at least ten (10) percent of the base units in a condominium project or planned development project dedicated to moderate income households, provided that all units in the development are offered to the public for purchase;

D.

Agrees to construct and maintain a senior citizen housing development;

E.

Converts an existing apartment or multifamily dwelling to a condominium development as described in Section 17.106.050(I) (Density bonus—Density bonus calculations).

(Ord. No. 2012-58, § 26, 4-10-12)

17.106.050 - Density bonus calculations.

A.

In accordance with state law, the granting of a density bonus or an incentive(s) shall not be interpreted, in and of itself, to require a general plan amendment, specific plan amendment, rezone, or other discretionary approval.

B.

An applicant must choose a density bonus from only one applicable affordability category of this chapter and may not combine categories, with the exception of a child care facility or land donation. The child care facility or land donation may be combined with an affordable housing development for an additional density bonus up to a combined maximum of thirty-five (35) percent.

C.

Any density bonus and/or concession/incentive awarded shall apply only to the housing development for which it was granted.

D.

In determining the number of density bonus units to be granted pursuant to Section 17.106.040 (Density bonus qualifications), the maximum residential density for the site shall be multiplied by 0.20 for subsections A, B, and D of that section and 0.05 for subsection C of that section, unless a lesser number is selected by the developer.

1.

For each one percent increase above ten percent in the percentage of units affordable to lower income households, the density bonus shall be increased by 1.5 percent up to a maximum of thirty-five (35) percent.

2.

For each one percent increase above five percent in the percentage of units affordable to very low income households, the density bonus shall be increased by 2.5 percent up to a maximum of thirty-five (35) percent.

3.

For each one percent increase above ten (10) percent of the percentage of units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five (35) percent.

4.

For a senior housing development that provides one hundred (100) percent of its units available to senior households, the density bonus shall be twenty (20) percent.

E.

When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded to the next larger integer.

F.

The density bonus units shall not be included when determining the number of qualifying units required for a density bonus. When calculating the required number of qualifying units, any calculations resulting in fractional units shall be rounded to the next larger integer.

G.

The developer may request a lesser density bonus than the project is entitled to, but no reduction will be permitted in the number of required qualifying units pursuant to Section 17.106.040 (Density bonus qualifications) above. Regardless of the number of qualifying units, no housing development may be entitled to a density bonus of more than thirty-five percent.

H.

The following table summarizes this information:

Density Bonus Summary Table

I.

An applicant for an apartment conversion to a condominium project that provides at least thirty-three (33) percent of the total units of the proposed condominium project to persons and families of low or moderate income, or fifteen (15) percent of the total units of the project to lower income households, and agrees to pay for the reasonable necessary administrative costs incurred by the county, qualify for a twenty-five (25) percent density bonus or other incentives of equivalent financial value. An applicant shall be ineligible for a density bonus or other incentives if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were previously granted under the provisions of this chapter.

(Ord. No. 2012-58, § 26, 4-10-12)

17.106.060 - Density bonus—Eligibility and application requirements for incentives.

A.

A housing development qualifying for a density bonus is entitled to at least one incentive in addition to the density bonus. Incentives are available for qualifying housing developments as follows:

1.

One incentive or concession for projects that include at least ten (10) percent of the total units for lower income households, at least five (5) percent for very low income households, or at least ten (10) percent for persons and families of moderate income in a condominium or planned development.

2.

Two incentives or concessions for projects that include at least twenty (20) percent of the total units for lower income households, at least ten (10) percent for very low income households, or at least twenty (20) percent for persons and families of moderate income in a condominium or planned development.

3.

Three incentives or concessions for projects that include at least thirty (30) percent of the total units for lower income households, at least fifteen (15) percent for very low income households, or at least thirty (30) percent for persons and families of moderate income in a condominium or planned development.

B.

The appropriate authority for the housing development shall grant the incentive unless the appropriate authority makes a written finding, based upon substantial evidence, of any of the following:

1.

That the incentive is not necessary in order to provide for affordable housing costs; or

2.

The concession or incentive would have a specific adverse impact, as defined in California Health & Safety Code Section 65589.5, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to very low, lower and moderate income households.

C.

In accordance with Government Code Section 65915 (p), an applicant qualifying for a density bonus may request, inclusive of handicapped and guest parking, the following parking ratios:

1.

Zero to one bedrooms: One onsite parking space.

2.

Two to three bedrooms: Two onsite parking spaces.

3.

Four or more bedrooms: Two and one-half parking spaces.

These standards may be applied in addition to any other incentives for which the housing development qualifies as specified in this section. If the total number of parking spaces for the development is other than a whole number, the number shall be rounded up to the next whole number. Off-street parking spaces provided pursuant to this paragraph may be arranged in tandem and may be uncovered.

(Ord. No. 2012-58, § 26, 4-10-12)

A.

The applicant shall execute an affordable housing agreement with Alameda County, which shall be recorded and shall run with the land.

B.

The affordable housing agreement shall describe household types, number, location, size and construction scheduling of restricted units and any other information required by the county to determine the applicant's compliance with the conditions.

C.

Restricted units shall be constructed concurrently with or prior to the construction of nonrestricted units, shall be dispersed throughout the housing development, and shall include all unit types represented in the housing development and shall be in the same proportions as nonrestricted unit types.

(Ord. No. 2012-58, § 26, 4-10-12)

17.106.080 - Term of affordability.

The applicant shall agree to, and the county shall ensure, the continued availability of the qualifying units and other incentives for a period of at least thirty (30) years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program.

(Ord. No. 2012-58, § 26, 4-10-12)

17.106.090 - Requirements for rental housing developments.

A.

All restricted units shall be occupied by the household type specified in the affordable housing agreement.

B.

The applicant shall be responsible for obtaining and verifying information with respect to the qualifications of prospective and current tenants, including, but not limited to, information relating to tenants' incomes, and eligibility, in a form satisfactory to the planning director. The applicant shall maintain a list of qualified applicants for the duration of the program and shall allow the planning director to inspect such information

upon reasonable notice. The applicant may contract with another entity to perform these functions subject to the approval of the planning director.

C.

The applicant shall submit reports annually certifying that the restricted units are occupied by the household types specified in the affordable housing agreement. The annual reports shall include the number of persons and income for each household in the restricted units.

D.

If the affordable housing agreement is violated, the applicant shall pay to the county as liquidated damages the maximum sum of five thousand dollars ($5,000.00) for each restricted unit that is in violation of the affordable housing agreement. This amount may be required for each month of violation. Any unpaid liquidated damages may be recorded as a notice of violation of the affordable housing agreement against the title of the property. In addition to the liquidated damages, if a very low income, moderate income or lower income household in a restricted unit is charged a rent that exceeds the rent specified in the affordable housing agreement, the applicant must pay to the tenant the difference in the rent charged and the allowable rent for the months that the tenant was overcharged. If a restricted unit is rented to a

property. In addition to the liquidated damages, if a very low income, moderate income or lower income household in a restricted unit is charged a rent that exceeds the rent specified in the affordable housing agreement, the applicant must pay to the tenant the difference in the rent charged and the allowable rent for the months that the tenant was overcharged. If a restricted unit is rented to a

household with an income exceeding that specified in the affordable housing agreement, in lieu of the liquidated damages mentioned above, the first vacant nonrestricted unit must be made a restricted unit and rented to a household that qualifies under the affordable housing agreement.

(Ord. No. 2012-58, § 26, 4-10-12)

17.106.100 - Requirements for owner-occupied housing.

A.

The home buyer shall verify on a form provided by the planning director that the restricted unit being purchased is for use as the buyer's principal residence and that the buyer is either a moderate income household, lower income household, very low income household or a senior household. If the restricted unit ceases to function as the owner's principal residence, it shall be sold according to the requirements of the resale controls. If evidence is presented to the planning director that the owner is unable to continuously occupy the restricted unit because of illness or incapacity, the planning director may approve rental of the restricted unit to a senior, very low income, lower income, or moderate income household.

B.

The resale controls will place limits on the resale price of a restricted unit and on the income of the new buyer. The resale price of a restricted unit will be limited to the original price of the restricted unit, plus a factor of appreciation equal to the annual increase in the median income, plus the appraised value, at time of sale, of any documented capital improvements. In addition, when an owner sells a restricted unit, the sale must be to a moderate income household, very low income household, lower income household, or senior household.

C.

Resale controls shall be recorded as part of the declaration of covenants, conditions, and restrictions on the restricted unit. The resale controls will remain in effect for the term of affordability.

D.

The following transfers of title or any interest therein are not subject to the provisions of this section, provided, however, that the resale controls shall continue to run with the land following such transfers: Transfers by gift, devise, or intestate succession to the owner's spouse or children, and transfers of title to a spouse as part of a dissolution of marriage proceeding or in conjunction with marriage.

(Ord. No. 2012-58, § 26, 4-10-12)

A.

An applicant may submit to the planning director a preliminary proposal for a housing development pursuant to this chapter prior to the submittal of any formal housing development application. The planning director shall, within ninety (90) days of receiving a preliminary proposal, provide the applicant a written preliminary evaluation of the housing development.

B.

In addition to the county's usual development requirements, formal application for a housing development under this chapter shall include the following information:

1.

A written statement specifying the desired density increase, incentive requested, and the number, type, location, size and construction schedule of all dwelling units;

2.

If necessary for the planning director to evaluate the financial need for additional incentives, the applicant shall submit a report that contains housing development costs and revenues, including but not limited to land, construction, and financing costs, and revenues from restricted units, unrestricted units, and density bonus units. Such other information as the planning director needs to evaluate the housing development may be requested by the planning director. The planning director may retain a consultant to review the financial report. The cost of the consultant shall be borne by the applicant; and

3.

Any other information requested by the planning director to implement this chapter.

C.

Housing developments that meet the requirements set forth in Section 17.106.040 (Density bonus qualifications) above shall qualify for a density bonus and at least one incentive, unless the planning director adopts a written finding that the incentive is not required to achieve the economic feasibility of the restricted units. The planning director may also provide an incentive in place of a density bonus that is of

equivalent value to the density bonus. Such incentive shall be calculated in a manner determined by the planning director.

(Ord. No. 2012-58, § 26, 4-10-12)

A.

When an applicant proposes a housing development that is eligible for a density bonus under this chapter and includes a child care facility on the premises or adjacent to the housing development, the applicant shall receive an additional density bonus that is in an amount of square feet of residential space that is equal to the square footage of the child care facility; or the applicant may receive another incentive that contributes significantly to the economic feasibility of the construction of the child care facility, provided that, in both cases, the following conditions are incorporated in the conditions of approval for the housing development:

1.

The child care facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the restricted units are required to remain affordable pursuant to the terms of the affordable housing agreement executed between the county and the developer.

2.

Attendance of children at the child care facility shall have an equal or greater percentage of children from very low, low, and moderate income households than the percentage of affordable units in the housing development.

B.

The county may deny the request for a density bonus or incentive for a child care facility if the county finds, based upon substantial evidence, that the community has adequate child care facilities without the facilities being considered as part of the subject housing development.

(Ord. No. 2012-58, § 26, 4-10-12)

17.106.130 - Density bonus—Donation of land.

A.

When an applicant for a tentative subdivision map, parcel map or other residential development donates land to the county, the applicant shall be entitled to a density bonus above the maximum allowable residential density, up to a maximum of thirty-five (35) percent depending on the amount of land donated. The amount of density bonus shall be based upon the number of permittable units consistent with Section 17.106.050(H). This increase shall be in addition to any increase in density permitted by this chapter up to a maximum combined density increase of thirty-five (35) percent. A density bonus for donation of land shall only be considered if all of the following conditions are met:

1.

The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application.

2.

The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in the amount not less than ten (10) percent of the residential units in the proposed development.

3.

The transferred land is at least one acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is, or will be, served by adequate public facilities and infrastructure (such as waste water treatment facilities and public transit). The transferred land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the residential development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income units on the transferred land, except that the county may subject the proposed development to subsequent design review if the design is not reviewed by the County prior to the time of transfer.

4.

The transferred land and the units constructed on said land shall be subject to a deed restriction ensuring continued affordability of the units for a period of at least thirty (30) years and subject to restrictions consistent with California Government Code Section 65915 (c)(1) and (2), as may be periodically amended.

5.

The land is transferred to the county or to a housing developer approved by the county.

6.

The transferred land shall be within the boundary of the proposed development or, if the county determines appropriate, be located within the same general plan area as the proposed development.

(Ord. No. 2012-58, § 26, 4-10-12)

A.

At the discretion of the planning director, the county may contract with another entity to administer the rental and sales provisions of this chapter.

B.

The planning director shall establish the amount of fees to be charged to applicants for administration of this chapter at the cost of staff time attributable to such administration. These fees may be waived or reduced as specified in Section 17.106.030 (Definitions) under subsection (4)(a) of the definition of "incentive."

C.

The planning director shall be responsible for monitoring the resale of restricted units.

D.

The planning director shall adopt regulations and forms necessary to implement and interpret the provisions of this chapter.

(Ord. No. 2012-58, § 26, 4-10-12)