Chapter XXX — DEVELOPMENT REGULATIONS

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CHAPTER XXX - DEVELOPMENT REGULATIONS ARTICLE I. - ZONING DISTRICTS AND REGULATIONS 30-1 - ZONING PLAN.

There is hereby adopted a Zoning Plan which is the zoning law of the City of Alameda, State of California.

(Ord. No. 535 N.S. § 11-111; Ord. No. 1277 N.S.)

The Zoning Plan is adopted to provide for the promotion and protection of the public health, safety, peace, morals, comfort, convenience, and general welfare, and:

a.

To assist in providing a definite plan of development for the City, and to guide, control and regulate the future growth of the City in accordance with the General Plan and the objectives set forth therein.

b.

To protect and elevate the character and the social and economic stability of residential, commercial, industrial, recreational, and other areas within the City, and to assure the orderly and beneficial development of such areas.

(Ord. No. 535 N.S. § 11-112; Ord. No. 1277 N.S.)

a.

The Zoning Plan consists of the establishment of various districts within the City within some, all, or none of which it shall be unlawful to erect, construct, alter, move, locate or maintain certain buildings or to carry on certain trades or occupations or to conduct certain uses of land or of buildings; within which the height and bulk of future buildings shall be limited; within which certain open spaces shall be required about future buildings and consisting further of appropriate regulations to be enforced in such districts, all as set forth in this chapter.

b.

The Zoning Plan shall apply to private, public, quasi-public, institutional, and public utility properties and all other lands and structures within the incorporated area of the City.

(Ord. No. 535 N.S. § 11-113; Ord. No. 1277 N.S.)

The several classes of general districts hereby provided, and into which the City may be divided, are designated as follows:

(Ord. No. 535 N.S. § 11-114; Ord. No. 1277 N.S.; Ord. No. 2363 N.S.; Ord. No. 2920 N.S. § 2)

(Ord. No. 3072 N.S., § 2, 5-7-2013; Ord. No. 3088 N.S., 2-18-2014; Ord. No. 3168 N.S., § 2, 11-15-2016; Ord. No. 3333 N.S., § 3, 12-6-2022)

30-3.2 - Combining Districts.

In addition to the foregoing classes of districts, certain combining districts may be established and are designated as follows:

(Ord. No. 535 N.S., § 11-115; Ord. No. 1277 N.S.; Ord. No. 2937 N.S. § 2)

(Ord. No. 3054 N.S., § 2, 7-17-2012; Ord. No. 3333 N.S., § 3, 12-6-2022)

a.

The boundaries of districts shall be shown upon the zoning maps of the City. The maps, and all amendments, changes, and extensions thereof, and all legends, symbols, notations, references, and other matter shown thereon shall be parts of this article and shall constitute the various subsections of paragraph b. hereof.

b.

The zoning map(s) of the City of Alameda shall be that certain map(s) entitled "Zoning Map of the City of Alameda" adopted by the City Council and kept, maintained, and updated by the City Clerk.

c.

The boundaries of such districts as are shown upon the zoning map(s), or amendments thereto, are hereby adopted and the specific regulations applicable therein, as set forth herein are hereby established and declared to be in effect upon all lands included within the boundaries of each and every district as shown upon the zoning map(s).

d.

No land shall be used, and no building or structure shall be erected, constructed, enlarged, altered, moved, occupied or used in any district, as shown upon the zoning map(s) except in accordance with the regulations established by this article.

e.

All lands now or hereafter included within the incorporated territory of the City which are not included within any district on the zoning map(s) shall constitute R-1 Districts.

(Ord. No. 535 N.S. § 11-116; Ord. No. 1277 N.S.; Ord. No. 3333 N.S., § 3, 12-6-2022)

30-4 - DISTRICT USES AND REGULATIONS.

a.

General. The following specific regulations, and the general rules set forth in Section 30-5, shall apply in all R-1 Districts as delineated and described in the zoning maps. It is intended that this district classification be applied in areas subdivided and used or designed to be used for one-family and two-family residential development, and that the regulations established will promote and protect a proper residential character in such districts.

b.

Uses Permitted.

1.

One-family dwellings.

2.

Two-family dwellings or two (2) one-family dwellings on the same lot, provided that:

(a)

Any new unit added to a property with an existing one-family dwelling or any new unit added to a lot created pursuant to the provision of lot splits, subsection d.3 below, shall not exceed one thousand (1,000) square feet in size.

(b)

The proposed housing development shall not require or result in the demolition or alteration of an existing dwelling unit that: (1) is subject to a recorded covenant, deed restriction, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes; (2) is subject to any form of rent or price control through a public entity's valid exercise of its police power; or (3) has been occupied by a tenant within the last three (3) years.

(c)

The proposed housing development will not require the demolition of a structure located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site designated as a City Historic Monument, historic property, or historic district pursuant to a City ordinance. Notwithstanding the above, any demolition that is subject to the demolition controls of AMC Section 13-21 shall require approval of a certificate of approval prior to issuance of a demolition permit.

(d)

The subject property is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code ("Ellis Act") to withdraw accommodations from rent or lease within the last 15 years before the date of application for the proposed housing development.

(e)

The development is not within a special flood hazard area subject to inundation by the one-percent annual chance flood (one hundred (100) year flood), as determined by the Federal Emergency Management Agency.

(f)

Prior to ministerial approval for a multifamily dwelling, a two-family dwelling, or two (2) one-family dwellings on the same lot, the applicant shall record a deed restriction on the property specifying that (i) the units on

the lot may not be rented for a term of thirty (30) days or less; and (ii) notwithstanding AMC Section 305.18, no more than a total of four (4) dwelling units are permitted on the property, inclusive of accessory dwelling units and junior accessory dwelling units.

3.

Agriculture, horticulture, home gardening, excluding retail sales of nursery products or the raising of rabbits, dogs, fowl or other animals for commercial purposes.

4.

Underground and above-ground utility installations for local service.

5.

Public parks, playgrounds, libraries, fire stations and other public buildings and uses.

6.

Signs: As provided in Section 30-6 of these regulations.

7.

Multiple houses.

8.

Family day care homes, large and small, as licensed by the State of California.

9.

Residential care facilities.

10.

Accessory dwelling units and junior accessory dwelling units.

11.

Supportive housing and transitional housing.

12.

Shared living.

13.

Warming centers if accessory to a primary, permitted use.

Home occupations in compliance with the standards set forth in the definition of "home occupation" in Section 30-2, Definitions.

15.

Accessory structures, including but not limited to private, noncommercial garages, swimming pools, boat landings, docks, piers and similar structures.

c.

Uses Requiring Use Permits. It is the intent in this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations:

1.

Schools, day care centers.

2.

Community assembly.

3.

Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefore, which are incidental to the development during the construction and/or sales period.

4.

Automobile parking lots and ancillary facilities for ferry terminals serving the general public, provided that:

(a)

Parking lots and ancillary facilities adjoin a commercial planned development zoned area or an industrially zoned area in which terminals are permitted;

(b)

There is an entrance to the automobile parking lots and ancillary facilities for ferry terminals adjacent to nonresidential areas; and

(c)

Any additional parking lot entrances adjacent to residentially zoned areas shall be allowed only if conditions are imposed to minimize the nonlocal automobile traffic to the terminal through the residential areas.

d.

Minimum Height, Bulk and Space Requirements.

Minimum Lot Area: Five thousand (5,000) square feet. Lot area may be reduced through a lot split subject to Subsection d.3.

2.

Maximum Residential Density: One (1) dwelling unit per two thousand (2,000) square feet of lot area or 21.78 units per acre. Residential density may be increased subject to Subsection b.2 and Subsection d.3.

3.

Lot Splits: Pursuant to Government Code Section 66411.7, the division of an existing lot into two (2) lots is permitted in an R-1 Zoning District, provided that all of the following requirements are met:

(a)

The area of each lot is at least one thousand two hundred (1,200) square feet and at least forty (40%) percent of the area of the original lot prior to the lot split.

(b)

Each lot provides frontage on a public street or a pedestrian or vehicular access easement to a public street.

(c)

The land division will not require or result in the demolition or alteration of an existing dwelling unit that: (i) is subject to a recorded covenant, deed restriction, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low incomes; (ii) is subject to any form of rent or price control through a public entity's valid exercise of its police power; or (iii) has been occupied by a tenant within the last three (3) years;

(d)

The land division will not require or result in the demolition of an existing dwelling located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site designated as a City Historic Monument, historic property, or historic district pursuant to a City ordinance. Notwithstanding the above, any demolition that is subject to the demolition controls of AMC Section 13-21 shall require approval of a Certificate of Approval prior to issuance of a demolition permit.

(e)

The existing lot has not been subject to the exercising of the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 of the Government Code ("Ellis Act") to withdraw accommodations from rent or lease within 15 years before the date of application for the land division.

(f)

The existing lot is not within a special flood hazard area subject to inundation by the one-percent annual chance flood (one hundred (100) year flood) as determined by the Federal Emergency Management

Agency.

(g)

The existing lot has not previously been divided through exercise of this regulation and neither the owner of the existing lot nor any person acting in concert with the owner previously subdivided an adjacent parcel using an urban lot split through exercise of this regulation.

(h)

Notwithstanding Section 30-5.18, an urban lot split shall not permit more than a total of four (4) dwelling units on the two (2) newly created lots, inclusive of accessory dwelling units and junior accessory dwelling units.

(i)

Prior to approval of an urban lot split, the applicant shall record a deed restriction identifying that: (i) the units on the parcel or parcels may not be rented for a term of thirty (30) days or less; (ii) the uses allowed on a lot created by this section shall be limited to residential uses; (iii) the lots resulting from the land division may not be further subdivided using the provisions of this subsection, and (iv) appropriate restrictions to effectuate subsection (h) above.

(j)

The applicant has provided a signed affidavit on a form provided by the City Attorney stating that the applicant intends to occupy a dwelling unit on one of the resulting lots as their principal residence for a minimum of three (3) years from the date of the approval of the land division. This requirement shall not apply to an applicant that is a "community land trust" or a "qualified nonprofit corporation" as defined the Revenue and Taxation Code.

4.

Minimum Lot Width: Fifty (50′) feet. Lot width may be reduced if the project meets the requirements of subsection d.3, lot splits.

5.

Maximum Main Building Coverage: Forty-eight (48%) percent.

6.

Maximum Building Height Limit: Not to exceed thirty (30′) feet.

7.

Minimum Front Yard: Twenty (20′) feet.

8.

Minimum Side Yard: Five (5′) feet.

9.

Minimum Street Side Yard. The side yard on the street side of a corner lot shall not be less than ten (10′) feet.

10.

Minimum Rear Yard: Twenty (20′) feet.

11.

Yards for Corner Lot Adjacent to Key Lot: The side-yard setback on the street side of the corner lot, within twenty (20′) feet of the side property line of the key lot, shall be equal to the front-yard of the key lot, as defined in Section 30-2, "yard, front," and no structure, excluding barriers, may be permitted within five (5′) feet of the rear property line on the corner lot.

12.

Minimum Separation between Buildings on Same Lot: As required by the California Building Code.

13.

Off-Street Parking Space: As regulated in Section 30-7 of this Code.

14.

Government Code Sections 65852.21 and 66411.7 Exemptions.

(a)

If a proposed housing development is being provided pursuant to Government Code Sections 65852.21 or 66411.7 entirely within the footprint of an existing building or constructed in the same location and to the same dimensions as an existing building, no additional interior side or rear setback is required.

(b)

No objective zoning standards, objective subdivision standards, or objective design standards, including but not limited to minimum lot width, maximum building coverage, minimum setback or other bulk and space requirement, shall apply if that standard would physically preclude a land division resulting in two (2) lots consistent with the requirements of Subsection d.3, Lot Splits, or the development of a two-family dwelling, or two (2) one-family dwellings on the same lot with at least a four (4′) foot interior side setback and four (4′) foot rear yard setback.

(Ord. No. 535 N.S. §§ 11-131—11-134; Ord. No. 1277 N.S.; Ord. No. 1372; Ord. No. 533 N.S.; Ord. No. 1757 N.S.; Ord. No. 1999 N.S.; Ord. No. 2145 N.S.; Ord. No. 2289 N.S.; Ord. No. 2363 N.S.; Ord. No. 2428 N.S. § 2; Ord. No. 2511 N.S. § 1; Ord. No. 2560 N.S. § 2; Ord. No. 2920 N.S. § 3; Ord. No. 2943 N.S. § 3)

(Ord. No. 2990 N.S. § 1, 3-17-2009; Ord. No. 3054 N.S., § 3, 7-17-2012; Ord. No. 3184 N.S., § 2, 7-5-2017; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3314, § 2, 3-15-2022; Ord. No. 3333 N.S., § 4, 12-6-2022)

30-4.2 - R-2, Residential District.

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all R-2 Districts, as delineated and described in the zoning maps. It is intended that this district classification be applied in lower density neighborhoods where one-family, two-family, and multifamily dwellings are or are intended to be the dominant use.

b.

Uses Permitted.

1.

One-family, two-family, and multifamily dwellings.

2.

Shared living.

3.

Supportive and transitional housing.

4.

Agriculture, horticulture, home gardening, excluding retail sales of nursery products, or the raising of rabbits, dogs, fowl or other animals for commercial purposes.

5.

Underground and above ground utility installations for local service.

6.

Public parks, playgrounds, libraries, fire stations and other public buildings and uses.

7.

Signs: As provided in Section 30-6 of these regulations.

8.

Multiple houses.

9.

Family day care homes, large and family day care homes, small, as licensed by the State of California.

Residential care facilities.

11.

Accessory dwelling units and junior accessory dwelling units.

12.

Warming centers if accessory to a primary, permitted use.

13.

Home occupations in compliance with the standards set forth in the definition of "home occupation" in Section 30-2, Definitions.

14.

Accessory structures, including but not limited to private, noncommercial garages, swimming pools, boat landings, docks, piers and similar structures.

c.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations:

1.

Schools, day care centers.

2.

Community assembly.

3.

Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor, which are incidental to the development during the construction and/or sales period.

4.

Bed and breakfast facilities in compliance with standards set forth in the definition for "bed and breakfast facility" in Section 30-2, Definitions.

d.

Minimum Height, Bulk and Space Requirements.

1.

Minimum Lot Area: Two thousand (2,000) square feet.

Minimum Lot Width: None.

3.

Maximum Residential Density: One (1) dwelling unit per two thousand (2,000) square feet of lot area or 21.78 units per acre.

4.

Maximum Main Building Coverage: Fifty-three (53%) percent.

5.

Building Height Limit: Not to exceed thirty (30′) feet.

6.

Minimum Front Yard: Twenty (20′) feet.

7.

Minimum Side Yard: Five (5′) feet.

8.

Minimum Street Side Yard: The side yard on the street side of a corner lot shall not be less than ten (10′) feet.

9.

Minimum Rear Yard: Twenty (20′) feet.

10.

Minimum Separation between Buildings on Same Lot: As required by the California Building Code.

11.

Yards for Corner Lot Adjacent to Key Lot: The side-yard setback on the street side of the corner lot, within twenty (20′) feet of the side property line of the key lot, shall be equal to the front-yard of the key lot, as defined in Section 30-2, "Yard, front," and no structure, excluding barriers, may be permitted within five (5′) feet of the rear property line on the corner lot.

12.

Usable Open Space Requirements: A minimum of sixty (60) square feet per dwelling unit shall be provided consistent with the dimensional requirements of Section 30-5.12, Definition of Required Open Space.

Off-Street Parking Space: As regulated in Section 30-7, Off-Street Parking, Electric Vehicle Charging, and Transportation Demand Management Regulations.

(Ord. No. 535 N.S. §§ 11-135—11-138; Ord. No. 1277 N.S.; Ord. No. 1372 N.S.; Ord. No. 1476 N.S.; Ord. No. 1533; Ord. No. 1757 N.S.; Ord. No. 1999 N.S.; Ord. No. 2267 N.S.; Ord. No. 2289 N.S.; Ord. No. 2363 N.S.; Ord. No. 2428 N.S. § 2; Ord. No. 2480 N.S. § 3; Ord. No. 2560 N.S. § 3; Ord. No. 2920 N.S. § 4; Ord. No. 2933 N.S. § 1; Ord. No. 2943 N.S. § 4)

(Ord. No. 3184 N.S., § 3, 7-5-2017; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3333 N.S., § 4, 12-6-2022)

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all R-3 Districts, as delineated and described in the zoning map(s). It is intended that this district classification be applied in areas where one-family, two-family, and multifamily dwellings may be located.

b.

Uses Permitted.

1.

One-family dwellings, two-family dwellings, and multifamily dwellings.

2.

Shared living.

3.

Supportive and transitional housing.

4.

Agriculture, horticulture, home gardening, excluding retail sales of nursery products and the raising of rabbits, dog, fowl or other animals for commercial purposes.

5.

Public parks, playgrounds, libraries, fire stations and other public buildings and uses.

6.

Underground and above-ground utility installations for local service.

7.

Signs: As regulated in Section 30-6.

Multiple houses.

9.

Family day care homes, large and family day care homes, small, as licensed by the State of California.

10.

Residential care facilities.

11.

Bed and breakfast facilities in compliance with standards set forth in the definition for "bed and breakfast facility" in Section 30-2, Definitions.

12.

Accessory dwelling units and junior accessory dwelling units.

13.

Warming centers if accessory to a primary, permitted use.

14.

Home occupations in compliance with the standards set forth in the definition of "home occupation" in Section 30-2, Definitions.

15.

Accessory structures, including but not limited to private, noncommercial garages, swimming pools, boat landings, docks, piers and similar structures.

c.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations:

1.

Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor, which are incidental to the development during the construction and/or sales period.

2.

Schools, day care centers.

Community assembly.

d.

Minimum Height, Bulk and Space Requirements.

1.

Minimum Lot Area: Two thousand (2,000) square feet.

2.

Minimum Lot Width: None.

3.

Maximum Residential Density: Thirty (30) units per acre or one (1) dwelling unit per one thousand four hundred fifty-two (1,452) square feet of lot area.

4.

Maximum Main Building Coverage: Fifty three (53%) percent of lot area.

5.

Building Height Limit: Not to exceed thirty-five (35′) feet.

6.

Minimum Front Yard: Twenty (20′) feet.

7.

Minimum Side Yard: Five (5′) feet.

8.

Minimum Street Side Yard: The side yard on the street side of a corner lot shall not be less than ten (10′) feet.

9.

Minimum Rear Yard: Twenty (20′) feet.

10.

Minimum Separation between Buildings on Same Lot: As required by the California Building Code.

11.

Yards for Corner Lot Adjacent to Key Lot: The side-yard setback on the street side of the corner lot, within twenty (20′) feet of the side property line of the key lot, shall be equal to the front-yard of the key lot, as

defined in Section 30-2, "Yard, front", and no structure, excluding barriers, may be permitted within five (5′) feet of the rear property line on the corner lot.

12.

Usable Open Space Requirements: A minimum of sixty (60) square feet per dwelling unit shall be provided, consistent with the dimensional requirements of Section 30-5.12, Definition of Required Open Space.

13.

Off-Street Parking Space: As regulated in Section 30-7, Off-Street Parking, Electric Vehicle Charging, and Transportation Demand Management Regulations.

(Ord. No. 535 N.S. §§ 11-139—11-1312; Ord. No. 1277 N.S.; Ord No. 1476 N.S.; Ord. No. 1757 N.S.; Ord. No. 1999 N.S.; Ord. No. 2267 N.S.; Ord. No. 2289 N.S.; Ord. No. 2363 N.S.; Ord. No. 2428 N.S. §§ 4, 5; Ord. No. 2480 N.S. § 3; Ord. No. 2511 N.S. § 1; Ord. No. 2560 N.S. § 4; Ord. No. 2920 N.S. § 5; Ord. No. 2933 N.S. § 2; Ord. No. 2943 N.S. § 5)

(Ord. No. 3184 N.S., § 4, 7-5-2017; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3333 N.S., § 4, 12-6-2022)

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all R-4 Districts as delineated and described in the zoning map(s). It is intended that this district classification be applied in areas where one-family, two-family, and multifamily dwellings, and certain non-profit organization administration offices, if found compatible, may be located to promote primarily residential standards.

b.

Uses Permitted.

1.

One-family dwellings, two-family dwellings, and multifamily dwellings.

2.

Shared living.

3.

Supportive and transitional housing.

4.

Agriculture, horticulture, home gardening, excluding retail sales of nursery products and the raising of rabbits, dog, fowl or other animals for commercial purposes.

Underground and above-ground utility installations for local service.

6.

Public parks, playgrounds, libraries, fire stations and other public buildings and uses.

7.

Family day care homes, large and family day care homes, small, as licensed by the State of California.

8.

Residential care facilities.

9.

Accessory dwelling units and junior accessory dwelling units.

10.

Warming centers if accessory to a primary, permitted use.

11.

Home occupations in compliance with the standards set forth in the definition of "home occupation" in Section 30-2, Definitions.

12.

Accessory structures, including but not limited to private, noncommercial garages, swimming pools, boat landings, docks, piers and similar structures.

13.

Multiple Houses.

14.

Signs: As regulated in Section 30-6 of these regulations.

c.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations:

1.

Schools and day care centers.

Community assembly.

3.

Storage garage buildings when constructed on a vacant lot, and for the primary use of occupants of adjacent buildings.

4.

Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor which are incidental to the development during the construction and/or sales period.

5.

Administrative offices of nonprofit community social service organizations.

6.

Bed and breakfast facilities in compliance with standards set forth in the definition for "bed and breakfast facility" in Section 30-2, Definitions.

d.

Minimum Height, Bulk and Space Requirements.

1.

Minimum Lot Area: Two thousand (2,000) square feet.

2.

Minimum Lot Width: None.

3.

Maximum Residential Density: Forty (40) dwelling units per acre, or one (1) dwelling unit per one thousand eighty-nine (1,089) square feet of lot area.

4.

Maximum Main Building Coverage: Fifty three (53%) percent of lot area.

5.

Building Height Limit: Not to exceed thirty-five (35′) feet.

6.

Minimum Front Yard: Twenty (20′) feet.

7.

Minimum Side Yard: Five (5′) feet. The side yard on the street side of a corner lot shall not be less than ten (10′) feet.

8.

Minimum Rear Yard. Twenty (20′) feet.

9.

Minimum Separation between Buildings on Same Lot: As required by the California Building Code.

10.

Yards for Corner Lot Adjacent to Key Lot: The side-yard setback on the street side of the corner lot, within twenty (20′) feet of the side property line of the key lot, shall be equal to the front-yard of the key lot, as defined in Section 30-2, "Yard, front," and no structure, excluding barriers, may be permitted within five (5′) feet of the rear property line on the corner lot.

11.

Usable Open Space Requirements: A minimum of sixty (60) square feet per dwelling unit shall be provided consistent with the dimensional requirements of Section 30-5.12, Definition of Required Open Space.

12.

Off-Street Parking Space: As regulated in Section 30-7, Off-Street Parking, Electric Vehicle Charging, and Transportation Demand Management Regulations.

(Ord. No. 535 N.S. §§ 11-1313—11-1316; Ord. No. 1277 N.S.; Ord. No. 1372 N.S.; Ord. No. 1476 N.S.; Ord. No. 1533 N.S.; Ord. No. 1757 N.S.; Ord. No. 1844 N.S.; Ord. No. 2267 N.S.; Ord. No. 2289 N.S.; Ord. No. 2363 N.S.; Ord. No. 2428 N.S., § 6; Ord. No. 2480 N.S., § 4; Ord. No. 2511 § 1; Ord. No. 2560 N.S. § 5; Ord. No. 2566 N.S. § 1; Ord. No. 2933 N.S. § 3; Ord. No. 2943 N.S. § 6)

(Ord. No. 3184 N.S., § 5, 7-5-2017; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3333 N.S., § 4, 12-6-2022)

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all R-5 Districts, as delineated and described in the zoning map(s). It is intended that this district classification be applied in areas where one-, two-, and multifamily dwellings, public buildings, institutions, and certain office uses, if found compatible, may be located to promote a mix of uses.

b.

Uses Permitted.

One-family dwellings, two-family dwellings, multifamily dwellings.

2.

Shared living.

3.

Supportive and transitional housing.

4.

Agriculture, horticulture, home gardening, and excluding retail sales of nursery products and the raising of rabbits, dog, fowl or other animals for commercial purposes.

5.

Underground and above-ground utility installations for local service.

6.

Family day care homes, large and small, as licensed by the State of California.

7.

Residential care facilities.

8.

Accessory dwelling units and junior accessory dwelling units.

9.

Private storage garages, parking lots uncovered and screened by suitable walls or planting when operated by or in conjunction with a permitted use.

10.

Parks, playgrounds, schools, community assembly, libraries, nurseries, day care centers, and public buildings.

11.

Signs: As provided in Section 30-6 of these regulations.

12.

Bed and breakfast facilities in compliance with standards set forth in the definition for "bed and breakfast facility" in Section 30-2, Definitions.

13.

Warming centers if accessory to a primary, permitted use.

14.

Home occupations in compliance with the standards set forth in the definition of "home occupation" in Section 30-2, Definitions.

15.

Incidental and accessory buildings and uses on the same lot with, and necessary for, the operation of any permitted use.

16.

Multiple Houses.

c.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations:

1.

Hospitals, rest homes, sanitariums, mortuaries, and professional offices for doctors, dentists, architects, engineers, accountants, artists, authors, attorneys, real estate and insurance offices, medical and dental clinics, and other uses which are similar to the foregoing, and administrative office of nonprofit community social service organizations.

2.

Low barrier navigation centers.

3.

Advertising signs pertaining directly to a permitted nonresidential use or uses on a property, as regulated in Section 30-6, Sign Regulations.

4.

Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor, which are incidental to the development during the construction and/or sales period.

d.

Minimum Height, Bulk and Space Requirements.

1.

Minimum Lot Area: Two thousand (2,000) square feet.

Minimum Lot Width: None.

3.

Maximum Residential Density: Fifty (50) dwelling units per acre, or one (1) dwelling unit per eight hundred seventy-one (871) square feet of lot area.

4.

Maximum Main Building Coverage: Fifty-three (53%) percent of lot area.

5.

Building Height Limit: Not to exceed forty (40′) feet.

6.

Minimum Front Yard: Twenty (20′) feet.

7.

Minimum Side Yard: Five (5′) feet.

8.

Minimum Street Side Yard. The side yard on the street side of a corner lot shall not be less than ten (10′) feet.

9.

Minimum Rear Yard: Twenty (20′) feet.

10.

Minimum Separation between Buildings on Same Lot: As required by the California Building Code.

11.

Yards for Corner Lot Adjacent to Key Lot: The side-yard setback on the street side of the corner lot, within twenty (20′) feet of the side property line of the key lot, shall be equal to the front-yard of the key lot, as defined in Section 30-2, "Yard, front," and no structure, excluding barriers, may be permitted within five (5′) feet of the rear property line on the corner lot.

12.

Usable Open Space Requirements: A minimum of sixty (60) square feet per dwelling unit shall be provided consistent with the dimensional requirements of Section 30-5.12, Definition of Required Open Space.

Off-Street Parking: As regulated in Section 30-7, Off-Street Parking, Electric Vehicle Charging, and Transportation Demand Management Regulations.

(Ord. No. 535 N.S. §§ 11-317—11-320; Ord. No. 1277 N.S.; Ord. No. 1372 N.S.; Ord. No. 1476 N.S.; Ord. No. 1533 N.S.; Ord. No. 1757 N.S.; Ord. No. 1844 N.S.; Ord. No. 2267 N.S.; Ord. No. 2289 N.S.; Ord. No. 2363 N.S.; Ord. No. 2428 N.S. § 7; Ord. No. 2480 N.S. § 5; Ord. No. 2487 N.S. § 2; Ord. No. 2511 N.S. § 1; Ord. No. 2560 N.S. § 6; Ord. No. 2566 N.S. § 2; Ord. No. 2920 N.S. § 6; Ord. No. 2933 N.S. § 4; Ord. No. 2943 N.S. § 7)

(Ord. No. 3054 N.S., § 4, 7-17-2012; Ord. No. 3183 N.S., § 6, 7-5-2017; Ord. No. 3184 N.S., § 6, 7-5-2017; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3333 N.S., § 5, 12-6-2022)

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all R-6 Districts, as delineated and described in the zoning map(s). It is intended that this district classification be applied in areas where one-, two-, and multifamily dwellings and a mix of professional office, institutional and tourist oriented uses may be located to promote residential standards and a mix of more intense business uses.

b.

Uses Permitted.

1.

One-family dwellings, two-family dwellings, and multifamily dwellings.

2.

Accessory dwelling units and junior accessory dwelling units.

3.

Shared living.

4.

Supportive and transitional housing.

5.

Agriculture, horticulture, home gardening, and excluding retail sales of nursery products and the raising of rabbits, dog, fowl or other animals for commercial purposes.

6.

Residential care facilities.

Parks, playgrounds, schools, community assembly, libraries, nurseries, day care centers, and public buildings.

8.

Hotels, motels, hospitals, rest homes, professional offices for doctors, dentists, architects, engineers, accountants, artists, authors, attorneys, real estate and insurance offices, medical and dental clinics, low barrier navigation centers, and other uses which are similar to the foregoing; and clubs, lodges and fraternities, except those open to the general public or operated as a business or for profit, administrative office of nonprofit community social service organizations.

9.

Incidental and accessory buildings and uses on the same lot with, and necessary for, the operation of any permitted use.

10.

Signs: As provided in Section 30-6 of these regulations.

11.

Bed and breakfast facilities in compliance with standards set forth in the definition for "bed and breakfast facility" in Section 30-2, Definitions.

12.

Warming centers if accessory to a primary, permitted use.

13.

Home occupations in compliance with the standards set forth in the definition of "home occupation" in Section 30-2, Definitions.

c.

Uses Requiring Use Permit. It is the intent of the paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations:

1.

Temporary tract sales offices, advertising signs, construction offices, equipment storage yards or structures therefor, which are incidental to the development during the construction and/or sales period.

2.

Commercial recreation.

d.

Minimum Height, Bulk and Space Requirements.

1.

Minimum Lot Area: Two thousand (2,000) square feet.

2.

Maximum Residential Density: Sixty (60) dwelling units per acre, or one (1) dwelling unit per seven hundred twenty-six (726) square feet of lot area.

3.

Maximum Main Building Coverage: Sixty (60%) percent of lot area.

4.

Building Height Limit: Not to exceed fifty (50′) feet.

5.

Minimum Front Yard: Twenty (20′) feet.

6.

Minimum Side Yard: Five (5′) feet.

7.

Minimum Street Side Yard: The side yard on the street side of a corner lot shall not be less than ten (10′) feet.

8.

Minimum Rear Yard: Twenty (20′) feet.

9.

Minimum Separation between Buildings on Same Lot: As required by the California Building Code.

10.

Yards for Corner Lot Adjacent to Key Lot: The side-yard setback on the street side of the corner lot, within twenty (20′) feet of the side property line of the key lot, shall be equal to the front-yard of the key lot, as defined in Section 30-2, "Yard, front," and no structure, excluding barriers, may be permitted within five (5′) feet of the rear property line on the corner lot.

11.

Usable Open Space Requirements: A minimum of sixty (60) square feet per dwelling unit shall be provided consistent with the dimensional requirements of Section 30-5.12, Definition of Required Open Space.

12.

Off-Street Parking: As regulated in Section 30-7, Off-Street Parking, Electric Vehicle Charging, and Transportation Demand Management Regulations.

(Ord. No. 535 N.S. §§ 13-1321—13-1324; Ord. No. 1277 N.S.; Ord. No. 1476 N.S.; Ord. No. 1533 N.S.; Ord. No. 1757 N.S.; Ord. No. 1844 N.S.; Ord. No. 2267 N.S.; Ord. No. 2289 N.S.; Ord. No. 2363 N.S.; Ord. No. 2428 N.S. § 8; Ord. No. 2480 N.S. § 6; Ord. No. 2487 N.S. § 3; Ord. No. 2511 N.S. § 1; Ord. No. 2560 N.S. § 7; Ord. No. 2566 N.S. § 3; Ord. No. 2933 N.S. § 5; Ord. No. 2943 N.S. § 8)

(Ord. No. 3111 N.S., § 3, 10-7-2014; Ord. No. 3184 N.S., § 7, 7-5-2017; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3333 N.S., § 4, 12-6-2022)

30-4.7 - A-P, Administrative—Professional District.

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all A-P Districts, as delineated and described in the zoning map(s). It is intended that this district classification be applied in areas where administrative and professional offices, medical and related facilities are the proper uses as indicated by the General Plan.

b.

Uses Permitted.

1.

Offices of an administrative and professional nature including, but not limited to the following:

(a)

Accountants,

(b)

Architects,

(c)

Artists,

(d)

Attorneys,

(e)

Authors,

(f)

Doctors and dentists,

(g)

Engineers,

(h)

Insurance agencies,

(i)

Real estate offices,

(j)

Hypnotherapists and hypnotists,

(k)

Optometrists,

(l)

Psychic services (subject to permit requirements of sections 6-46.4 and 6-46.5 of the Alameda Municipal Code.

Medical facilities, including, but not limited to the following:

(a)

Dental clinics,

(b)

Hospitals,

(c)

Medical clinics,

(d)

Medical laboratories,

(e)

Nursing and convalescent homes,

(f)

Radiologist laboratories,

(g)

Rest homes,

(h)

Sanitariums.

3.

Incidental or accessory buildings and uses on the same or adjacent lots which are necessary for the operation of any permitted use.

4.

Signs: Those pertaining directly to a permitted use on the property, and as further regulated in Section 30-6 of these regulations.

c.

Uses Requiring Use Permit. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations:

1.

Mortuaries.

2.

Underground or above ground public utility facilities for primarily local service such as substations, gas regulators, manned or unmanned communications equipment buildings, and similar uses, excluding City owned utilities.

3.

Uses compatible and incidental to those designated in paragraph b.

d.

Minimum Height, Bulk and Space Requirements:

Lot Area: Ten thousand (10,000) square feet.

2.

Lot Width: Seventy-five (75′) feet.

3.

Maximum Main Building Coverage: Forty (40%) percent of lot area.

4.

Building Height Limit: Two (2) stories, but not to exceed forty (40′) feet.

5.

Front Yard: Twenty (20′) feet.

6.

Side Yard: Side yards shall total not less than twenty (20%) percent of the lot width as measured at the front yard (as defined in Section 30-2—Definitions), and no side yard may either be less than seven (7′) feet or be required to be more than twenty (20′) feet. The side yard on the street side of a corner lot shall not be less than ten (10′) feet.

7.

Rear Yard: Twenty (20′) feet. Not more than forty (40%) percent of any rear yard may be occupied by accessory buildings or structures.

8.

Yards for Corner Lot Adjacent to Key Lot: The side-yard setback on the street side of the corner lot, within twenty (20′) feet of the side property line of the key lot, shall be equal to the front-yard of the key lot, as defined in Section 3-2, "Yard, front," and no structure, excluding barriers, may be permitted within five (5′) feet of the rear property line on the corner lot.

9.

Off-Street Parking and Loading Space: As regulated in Section 30-7.

(Ord. No. 535 N.S. §§ 11-1325—11-1328; Ord. No. 1277 N.S.; Ord. No. 1359 N.S.; Ord. No. 2289 N.S.; Ord. No. 2290 N.S.; Ord. No. 2416 N.S. § 1; Ord. No. 2428 N.S. § 9; Ord. No. 2511 N.S. § 1; Ord. No. 2560 N.S. § 8; Ord. No. 2920 N.S. § 7; Ord. No. 2943 N.S. § 9)

(Ord. No. 3168, § 2, 11-15-2016)

30-4.8 - C-1, Neighborhood Business District.

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all C-1 Districts, as delineated and described in the zoning map(s). It is intended that this district classification be applied on properties suitable to serve residential areas with convenient shopping and service facilities.

b.

Uses Permitted.

1.

The following retail and similar business uses if conducted principally within enclosed structures and if said uses are not doing business between the hours of 10:00 p.m. and 7:00 a.m.:

(a)

Art and antique shops,

(b)

Bakery goods stores,

(c)

Barber and beauty shops,

(d)

Book stores and rental libraries,

(e)

Candy stores,

(f)

Clothing stores,

(g)

Dairy products stores, excluding processing,

(h)

Drug stores, including fountain and food service,

(i)

Florist shops,

(j)

Gift, novelty and stationery shops,

(k)

Hardware stores,

(l)

Jewelry shops,

(m)

Full service and self-operated laundries and cleaning agencies, including pressing, spotting, garment repair and alteration service,

(n)

Private instruction, including tutoring, yoga, music, martial arts, and dance studios,

(o)

Repair shops for shoes, radios and television sets, small domestic appliances, watches and similar items,

(p)

Restaurants, snack bars, lunch counters, but excluding drive-ins,

(q)

Bed and breakfast facilities in compliance with standards set forth in the definition for "bed and breakfast facility" in Section 30-2, Definitions.

(r)

Offices, business and professional, located above the ground floor.

(s)

Medical clinics, including dental clinics, eye doctors, and medical businesses provided that such use shall not occupy the front fifty (50%) percent of the ground floor space directly fronting a public street, alley or sidewalk, which shall be reserved for retail sales and/or service uses permitted in the district.

2.

Dwellings, multifamily; residential care facilities; shared living; and transitional and supportive housing are permitted if located on upper floors of buildings also containing nonresidential uses. No dwelling units, sleeping rooms, or living quarters may be located on the ground floor.

3.

Low barrier navigation centers.

Parks, playgrounds, libraries, fire stations, and other public buildings and uses.

5.

Schools, day care centers, and community assembly uses.

6.

Family day care homes, large and small, as licensed by the State of California.

7.

Public utility service offices and underground or above ground public utility facilities primarily for local service such as substations, gas regulators, manned or unmanned communications equipment buildings, and similar uses.

8.

Signs: As provided in Section 30-6 of these regulations.

9.

Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, when a primary dwelling exists on the lot.

10.

Warming centers, accessory to any primary, permitted use.

c.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, adequate light and air for dwelling uses, and similar considerations:

1.

The following uses if located within the fifty (50%) percent of the ground-floor space of a building nearest to any adjoining public street, public alley or public sidewalk:

(a)

Facilities supporting upper-floor residential uses, such as leasing offices, fitness centers and other accessory uses;

(b)

Offices, business or professional; and

(c)

Health clinics, including dental clinics, eye doctors, and similar medical businesses.

2.

Gasoline service stations, exclusive of body, chassis and painting work, provided that all operations except the service with gasoline, oil, air and water shall be conducted within a building; subject further to the provisions of subsection 30-5.7, of this article.

3.

The following and similar retail business, or service uses:

(a)

Taverns without live entertainment,

(b)

Convenience food stores,

(c)

Grocery stores,

(d)

Liquor stores,

(e)

Plant nurseries,

(f)

Those portions of grocery stores devoted to the sale of alcoholic beverages,

(g)

Small upholstery shops, exclusive of refinishing and other furniture repair or manufacturing,

(h)

Commercial recreation.

4.

Any permitted use listed in paragraph b, Uses Permitted, that does business between the hours of 10:00 p.m. and 7:00 a.m.

5.

Any permitted use listed in paragraph b, Uses Permitted, which is not principally conducted within an enclosed structure. However, outdoor accessory facilities associated with a permitted use, such as trash enclosures, backup generators, and play structures, shall be exempt from the use permit requirement.

6.

Theaters with live performances that are in combination with other permitted uses.

7.

Pet shops and animal grooming facilities. Such uses may be allowed only upon a finding that sufficient air conditioning and soundproofing will be provided to effectively confine odors and noise so as not to interfere with the public health, safety and welfare of adjoining properties. No outside pens or runs shall be permitted.

8.

Boutique theater.

9.

Large format retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than thirty thousand (30,000) square feet (if part of a planned development, no use permit is required). Super stores, as defined in Section 30-2, are prohibited.

10.

Work/live studios subject to the requirements of Section 30-15, Work/Live Studios.

d.

Minimum Height, Bulk and Space Requirements:

1.

Lot Area, Lot Width, Building Coverage Regulations: None.

2.

Maximum Residential Density: None.

3.

Minimum Residential Density for new buildings: Thirty (30) dwelling units per acre. Minimum residential density shall not apply to adaptive reuse of, or addition to, existing buildings to add one (1) or more residential units.

4.

Building Height Limit: Forty five (45′) feet, unless the height limit for an adjoining residential district exceeds 45 feet, in which case the height limit of the adjoining residential district shall apply. Where any side or rear

lot line abuts a residential district, the maximum height of the adjacent residential district shall apply within twenty (20′) feet of the property line.

5.

Minimum Front Yard: None.

6.

Minimum Building Frontage: Buildings shall be located on the front property line. A minimum of eighty-five (85%) percent of the area between the side property lines must be occupied by building mass, plazas, or paseos along the primary street frontage.

7.

Minimum Side Yard: No setback shall be required, except where the side yard of a lot abuts an R District, then a minimum side yard of five (5′) feet shall be maintained.

8.

Minimum Rear Yard: None, except where the rear yard abuts an R District a minimum of ten (10′) feet shall be maintained.

9.

Off-street Parking: As regulated in Section 30-7, Off-Street Parking, Electric Vehicle Charging, and Transportation Demand Management Regulations.

(Ord. No. 535 N.S. §§ 11-1329—11-1332; Ord. No. 1277 N.S.; Ord. No. 1363 N.S.; Ord. No. 1749 N.S.; Ord. No. 1802 N.S.; Ord. No. 1817 N.S.; Ord. No. 1821 N.S.; Ord. No. 2064 N.S.; Ord. No. 2174 N.S.; Ord. No. 2202 N.S.; Ord. No. 2242 N.S.; Ord. No. 2267 N.S.; Ord. No. 2289 N.S.; Ord. No. 2416 N.S. §§ 2—4; Ord. No. 2566 N.S. § 4; Ord. No. 2630 N.S. § 1; Ord. No. 2943 N.S. § 10; Ord. No. 2944 N.S. § 2; Ord. No. 2979 N.S. § 2; Ord. No. 2984 N.S. § 2)

(Ord. No. 3072 N.S., § 7, 5-7-2013; Ord. No. 3111 N.S., § 4, 10-7-2014; Ord. No. 3168, § 2, 11-15-2016; Ord. No. 3183 N.S., § 2, 7-5-2017; Ord. No. 3255 N.S., § 4, 11-19-2019; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3333 N.S., § 4, 12-6-2022)

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all C-2 Districts, as delineated and described in the zoning map(s). It is intended that this district classification be applied in areas suitable for complete central retail business and service uses to serve a residential community.

b.

Uses Permitted.

Uses permitted in C-1 Districts, except those which require a Use Permit under paragraph c.

2.

The following and similar retail, business, or service uses when conducted principally within enclosed structures:

(a)

Appliance stores,

(b)

Art supply shops,

(c)

Auditoriums,

(d)

Bakery shops,

(e)

Banks, savings and loan associations, including drive-in facilities,

(f)

Beauty colleges,

(g)

Blueprinting shops,

(h)

Bowling establishments,

(i)

Business colleges,

(j)

Uses permitted in the A-P District, and other office uses not associated with permitted retail sales use of the site, provided that for any frontage of a building adjoining a public street, public alley or public sidewalk, fifty (50%) percent in depth of the ground floor space nearest such frontage shall be reserved for retail sales and/or service uses permitted in the C-2 District,

(k)

Catering shops,

(l)

Dairy products stores,

(m)

Department stores,

(n)

Furniture stores, including new and used,

(o)

Hotels, motels,

(p)

Job printing shops,

(q)

Lodge halls and social clubs,

(r)

Mortuaries,

(s)

Music stores,

(t)

Newspaper publishing and printing establishments,

(u)

Paint stores,

(v)

Pawn shops,

(w)

Pet shops,

(x)

Photographic stores,

(y)

Plumbing supplies and fixtures, retail sales only,

(z)

Restaurants, snack bars, lunch counters, but excluding drive-ins,

(aa)

Shoe stores,

(bb)

Taverns,

(cc)

Theaters, including movie and legitimate, but excluding drive-in type,

(dd)

Travel agencies,

(ee)

Used household articles and clothing sales,

(ff)

Self-operated laundries,

(gg)

Public buildings,

(hh)

Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 30-2.

3.

Incidental storage and accessory uses, including repair operations and services, provided such uses shall be incidental to the retail sale of products on the premises, shall not employ more than five (5) persons excluding sales personnel, and shall be placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise or vibration.

Signs: As provided by Section 30-6 of this article.

5.

Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, when a primary dwelling exists on the lot.

c.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise and similar considerations.

1.

Automobile sales and services, used car lots, provided, however, that the restrictions of paragraph b.3. related to number of employees allowed, shall not apply to these uses.

2.

Drive-in restaurants and other drive-in establishments, but excluding drive-in movie theaters.

3.

Any dwelling use as regulated by subsection 30-4.8c.1 of this article.

4.

Veterinary clinics and/or veterinary hospitals. Such uses may be allowed only upon a finding by the Planning Board that sufficient air conditioning and soundproofing will be provided to effectively confine odors and noise so as not to interfere with the public health, safety and welfare. No outside pens or runs shall be permitted.

5.

Gasoline service stations, exclusive of body, chassis and painting work, provided that all operations except the service with gasoline, oil, air and water shall be conducted within a building. See also yard requirements for gasoline stations, paragraph g. of this subsection and driveway requirements subsection 30-5.7i.

6.

Uses permitted in the A-P District, and other office uses not associated with permitted retail sales use of the site, which are not otherwise permitted in paragraph b.2(j) above.

7.

The following and similar retail, business, or service uses:

(a)

Commercial parking lots and structures,

(b)

Health studios or massage parlors,

(c)

Convenience food stores,

(d)

Combination liquor and convenience stores,

(e)

Small upholstery shops, exclusive of refinishing and other furniture repair or manufacturing.

8.

Any permitted use listed in paragraph b. that does business between the hours of 10:00 p.m. and 7:00 a.m. and is adjacent to a residential zone or on a street abutting a residential zone.

9.

Ice dispensing stations (automatic).

10.

Taxi stands.

11.

Liquor stores.

12.

Commercial recreation.

13.

Any uses permitted in C-1 and C-2 districts which are not conducted within an enclosed structure.

14.

Car washing establishments.

15.

Commercial marinas subject to the following standards:

(a)

Sheet flow of storm runoff into the bay and estuary shall not be permitted. Drainage facilities shall be reviewed on a project by project basis.

(b)

Appropriate shoreline stabilization shall be required.

(c)

Any refueling facilities shall be equipped with appropriate containment trays to prevent petroleum products from spilling onto the ground or into the water. These trays shall be regularly cleaned.

(d)

Adequate facilities shall be provided to accommodate disposal of sewage and engine oil residues without per use cost. In addition, marinas shall sell to lessees, at cost, during all regular marina hours, absorbent materials designed to remove oil from bilge water, as well as provide, without cost, adequate disposal facilities for petroleum saturated absorbent materials. Signs shall be prominently posted at each dock access point indicating the availability of such absorbent materials and disposal facilities, the fine for illegally dumping petroleum products into the water, and the toll free number for reporting violations of clean water regulation.

(e)

Conditions for rental and lease agreements shall include provisions requiring the termination of such agreements if boat owners are cited for having, or are known by marina operators to have, deliberately discharged petroleum products, contaminated bilge water, trash or sanitary wastes into marina water. They shall also require boat owners to remove boats from the water before scraping or painting hulls in a manner which discharges toxic residues into the surrounding waters.

(f)

Marinas shall be engineered to avoid potential impacts related to seismic hazards.

(g)

New marina proposals shall be reviewed for noise generated by nearby uses.

(h)

Projects shall be reviewed for glare, and down-cutoff lighting shall be required.

(i)

Specific projects shall be reviewed for auto traffic impacts.

(j)

Commercial marinas shall generally conform to the guidelines of the State Department of Boating and Waterways.

(k)

All personnel involved in construction will be informed of the possibility of encountering archaeological or historical remains. If such remains are encountered, work in the vicinity will cease until a qualified archaeologist or historian can be consulted in conformance with 36 CFR 800 7 procedures as discussed in the Memorandum of Understanding dated October 1980, signed by FHWA, SHPO and the Department of the Interior.

(l)

Live aboards are permitted in commercial marinas occupying up to a maximum of ten (10%) percent of the total berths.

(m)

Houseboats are permitted only in existing houseboat marinas.

16.

Large format retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than thirty thousand (30,000) square feet (if part of a planned development, no use permit is required). Super stores, as defined in Section 30-2, are prohibited.

17.

Shared living, provided the facility is located above the ground floor.

18.

Work/live studios subject to the requirements of Section 30-15.

d.

Minimum Height, Bulk and Space Requirements:

1.

Lot Area and Width: None.

2.

Building Height Limit: Eight (8) stories, but not to exceed one hundred (100′) feet.

3.

Building Coverage: Buildings may cover one hundred (100%) percent of the building site, provided the ratio of all floor space to lot size shall not exceed five (5) to one (1).

4.

Front Yard: None.

5.

Side Yard: No setback shall be required, however if a setback is provided, then it shall be a minimum of twelve (12′) feet. As to lots with side yards that abuts an R District, a minimum side yard of five (5′) feet shall be maintained.

6.

Rear Yard: None, however, where the rear portion of the lot is accessible from a street, alley or parking lot, or combination thereof, the rear yard shall be a minimum of twelve (12′) feet; provided, further, that any structure may project over such required rear yard if a fourteen (14′) foot clear vertical distance between the structure and ground level is maintained.

7.

Yards for Gasoline Service Stations. (In addition to the yard requirements prescribed for the zoning districts.)

(a)

A setback of ten (10′) feet shall be maintained from property lines that abut the rear yard of a lot located in a residential district or a lot in residential use.

(b)

A setback of fifteen (15′) feet shall be maintained from property lines that abut the side yard of a lot located in a residential district or in residential use.

8.

Off-Street Parking and Loading Space: As regulated by Section 30-7.

(Ord. No. 535 N.S. §§ 11-1333—11-1336; Ord. No. 1277 N.S.; Ord. No. 1373 N.S.; Ord. No. 1749 N.S.; Ord. No. 1771 N.S.; Ord. No. 1802 N.S.; Ord. No. 2064 N.S.; Ord. No. 2174 N.S.; Ord. No. 2201 N.S.; Ord. No. 2202 N.S.; Ord. No. 2267 N.S.; Ord. No. 2289 N.S.; Ord. No. 2294 N.S.; Ord. No. 2407 N.S.; Ord. No. 2416 N.S., § 5; Ord. No. 2428 N.S. §§ 10, 11; Ord. No. 2511, § 1; Ord. No. 2671 N.S. § 1; Ord. No. 2943 N.S. § 11; Ord. No. 2979 N.S. § 3; Ord. No. 2984 N.S. § 3)

(Ord. No. 3072 N.S., § 8, 5-7-2013; Ord. No. 3111 N.S., § 5, 10-7-2014; Ord. No. 3168, § 2, 11-15-2016; Ord. No. 3183 N.S., § 3, 7-5-2017; Ord. No. 3255 N.S., § 5, 11-19-2019; Ord. No. 3278 N.S., § 3, 5-5-2020)

30-4.9A - C-C, Community Commercial District.

a.

General. The Community Commercial (C-C) Zoning District is intended to provide for general retail, personal service use, offices, restaurants, hotels/motels, residential uses, service stations, public and quasi-public uses and similar and compatible uses serving a community-wide need under design standards which ensure compatibility and harmony with adjoining land uses. Emphasis is on pedestrian-oriented retail

and service uses on the ground floor level, with office and residential uses on the upper levels. Automobile related uses are regulated by use permit and prohibited on Park Street and Webster Street frontages.

b.

Uses Permitted.

1.

The following uses are permitted in the C-C District:

(a)

Antiques and collectibles,

(b)

Appliances, large and small,

(c)

Art gallery,

(d)

Arts and crafts supplies,

(e)

Arts and crafts store,

(f)

Bakery, including use of the commercial kitchen for catering as an accessory use,

(g)

Bank, saving and loan, including ATM facilities but excluding drive-through facilities,

(h)

Bicycle store,

(i)

Blueprint shop,

(j)

Books, periodicals, and comics, including reading rooms,

(k)

Camera store,

(l)

Candy store,

(m)

Clock or watch store,

(n)

Clothing store, new inventory only,

(o)

Coffee house, including retail,

(p)

Coin store,

(q)

Computer store,

(r)

Delicatessen,

(s)

Department store,

(t)

Drug store and pharmacy, including fountain and food service,

(u)

Dwellings, multifamily; residential care facilities; shared living; and transitional and supportive housing; when the living quarters are not located on the ground floor, fronting onto the public right-of-way,

(v)

Electronic items, retail only,

(w)

Fabric and notions,

(x)

Florist,

(y)

Frame shop,

(z)

Furniture store, new inventory only,

(aa)

Hairstyling and beauty salons, including but not limited to body care services such as manicures, pedicures, make up, facials, waxing, electrolysis, tanning within the Park Street C-C District only. Piercing, tattoo and massage allowed when accessory to the primary use of hairstyling provided no more than two (2%) percent of the floor area is devoted to the accessory use,

(bb)

Hardware store,

(cc)

Home furnishings,

(dd)

Hotel and motel, provided floor area devoted to a retail service use allowed within this district is included on the ground floor,

(ee)

Ice cream store,

(ff)

Jewelry or beads store, including piercing as an accessory use provided no more than two (2%) percent of the floor area is devoted to the accessory use,

(gg)

Full service and self-operated laundry and cleaning establishments, including pressing, spotting, garment repair and alterations and self-operated facilities when accessory to the primary use,

(hh)

Lighting fixtures,

(ii)

Low barrier navigation centers,

(jj)

Luggage store,

(kk)

Massage businesses located above the ground floor,

(ll)

Medical supplies store,

(mm)

Music store, including the sale of recorded music, sheet music and instruments,

(nn)

Newspaper offices,

(oo)

Office uses, provided that such uses shall not occupy the front fifty (50%) percent of the ground floor space directly fronting onto Park Street or Webster Street, which shall be reserved for retail sales and/or service uses permitted in the district.

(pp)

Paint and wallpaper store,

(qq)

Pet supplies, pet grooming, or pet sales providing a finding is made by the Planning Director that sufficient air conditioning and soundproofing will be provided to effectively confine odors and noise so as not to interfere with the public health, safety and welfare of adjoining properties. No outside pens or runs shall be permitted. Pet boarding allowed as an accessory use,

(rr)

Photography store, including photo developing and studio,

(ss)

Plumbing and electrical supply or fixture store, provided more than fifty (50%) percent of the floor space is devoted to retail sales,

(tt)

Political campaign offices, not to exceed six (6) months total time nor eight (8) months if the campaign is both primary and election,

(uu)

Printing establishment,

(vv)

Private instruction, including tutoring, yoga, music, martial arts, and dance studios,

(ww)

Repair shop for shoes, radios/televisions, small domestic appliances, watches and jewelry and similar nonauto related items,

(xx)

Restaurant, coffee shop, snack bar, lunch counter, including catering as an accessory use but excluding drive-through service,

(yy)

Shoe store,

(zz)

Sporting goods store, golf shop and similar sports supplies store,

(aaa)

Stationery and card store,

(bbb)

Tailor and dressmaking, haberdashery, millinery excluding wholesale manufacturing,

(ccc)

Tattoo parlors located above the ground floor,

(ddd)

Toy store,

(eee)

Travel agency,

(f )

Video store, including retail and rental.

Other uses which the Planning Director finds similar to the above list and consistent with the purpose of the C-C Zoning District, provided the following uses are expressly prohibited: Check cashing business, gun and firearms sales when more than five (5%) percent of the floor area is devoted to this use, massage establishments except massage is allowed as a home occupation and accessory to health care uses and hairstyling, pawn shop, tobacco and tobacco products stores except the sale of tobacco and tobacco products is allowed as accessory to other permitted or conditionally permitted uses in the C-C District. The determination of similar use by the Planning Director shall be included on the agenda for the next available Planning Board meeting and confirmed by the Planning Board. Determinations of similar use are also subject to appeal pursuant to Section 30-25.

c.

Uses Requiring Use Permits.

1.

The following retail sales and services require approval of a use permit in the C-C District by the Planning Board as regulated by subsection 30-21.3. In addition to the findings included in subsection 30-21.3 approval of a use permit is subject to finding the use consistent with the policies of the General Plan and the purpose of the C-C Zoning District:

(a)

Any use in this district that does business between the hours of 10:00 p.m. and 7:00 a.m.,

(b)

Any permitted or conditional use which is not conducted within an enclosed structure,

(c)

Athletic club and health facilities, including massage as an accessory use,

(d)

Auditoriums,

(e)

Automobile detail shop. In the Park Street C-C District this use shall not front on nor have access to Park Street. In the Webster Street C-C District this use shall not front on nor have access to Webster Street and shall be further limited to the area north of the centerline of Pacific Avenue and the area at the southwest corner of Webster Street and Pacific Avenue bounded by lines eighty-five (85′) feet south of the Pacific Avenue right-of-way and one hundred eighteen (118′) feet west of the Webster Street right-of-way,

(f)

Automobile parts store, wholesale and retail,

(g)

Automobile rental, subject to the location restrictions specified in subsection 30-4.9Ac.1.(e),

(h)

Automobile repair shop, subject to the location restrictions specified in subsection 30-4.9Ac.1.(e),

(i)

Automobile showroom/sales, provided it is within a completely enclosed building and excluding businesses with sales devoted primarily to use vehicles,

(j)

Bars,

(k)

Beauty college,

(l)

Bed and breakfast facility in compliance with standards set forth in the definition for "bed and breakfast facility" in Section 30-2, Definitions,

(m)

Business college,

(n)

Catering business,

(o)

Commercial parking lot or structure,

(p)

Commercial recreation,

(q)

Convenience store,

(r)

Grocery stores,

(s)

Dwellings, multifamily; residential care facilities; shared living; and transitional and supportive housing; when the living quarters are located on the ground floor, fronting onto the public right-of-way,

(t)

Gasoline service stations, exclusive of body, chassis and painting work, provided that all operations except the service with gasoline, oil, air and water shall be conducted within a building. See also yard requirements for gasoline stations, paragraph (g) of this subsection and driveway requirements subsection 30-5.7i,

(u)

Gun and firearms sales when accessory to a sporting goods store provided the gun and firearms sales are limited to no more than five (5%) percent of the retail area,

(v)

Hairstyling and beauty salons, including, but not limited to, body care services such as manicures, pedicures, make up, facials, waxing, electrolysis, tanning within the Webster Street C-C District only,

(w)

Liquor store,

(x)

Lodge hall and social club,

(y)

Massage businesses located on the ground floor,

(z)

Medical facility,

(aa)

Office uses not associated with a permitted or conditional use in this district and/or occupying the front fifty (50%) percent of the ground floor space directly fronting a public street, alley or sidewalk,

(bb)

Plant nursery,

(cc)

Public park, school, community assembly, library, day care center, playground, fire station and other public buildings and uses,

(dd)

Public and private utilities, including above ground and underground facilities primarily for local service such as substations, gas regulators, manned or unmanned communications equipment buildings, and similar uses,

(ee)

Large format retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than thirty thousand (30,000) square feet (if part of a planned development, no use permit is required). Super stores, as defined in Section 30-2, Definitions, are prohibited,

(ff)

Small upholstery shops, exclusive of refinishing and other furniture repair or manufacturing,

(gg)

Stores devoting commercial area, gross sales, or inventory, to the sale of second quality, irregular or discontinued merchandise or to the liquidation of merchant's or manufacturer's stock,

(hh)

Taverns,

(ii)

Theater, including movie and live,

(jj)

Those portions of grocery stores devoted to the sale of alcoholic beverages,

(kk)

Upholstery shop, exclusive of refinishing and other furniture repair or manufacturing,

(ll)

Used household articles and clothing stores,

(mm)

Veterinary clinic and/or veterinary hospital, provided the Planning Board finds the use has sufficient air conditioning and soundproofing to effectively confine odors and noise so as not to interfere with the public health, safety and welfare. No outside pens or runs shall be permitted,

(nn)

Work/live studios subject to the requirements of Section 30-15, Work/Live Studios,

(oo)

Parking located below grade or within twenty (20′) feet of a public street frontage if above grade.

2.

Other uses which the Planning Director finds similar to the above list and consistent with the purpose of the C-C Zoning District subject to use permit approval by the Planning Board, provided the following uses are expressly prohibited: Check cashing business, gun and firearms sales when more than five (5%) percent of the floor area is devoted to this use, massage establishments except massage is allowed as a home occupation and accessory to health care uses and hairstyling, pawn shop, tobacco and tobacco products stores except the sale of tobacco and tobacco products is allowed as accessory to other permitted or conditionally permitted uses in the C-C District. The determination of similar use by the Planning Director shall be included on the agenda for the next available Planning Board meeting and confirmed by the Planning Board. Determinations of similar use are also subject to appeal pursuant to Section 30-25.

d.

Accessory Uses, Buildings, and Structures.

1.

The following accessory uses, buildings and structures are permitted in the C-C District:

(a)

Incidental storage and accessory uses, including repair operations and services, provided such uses shall be incidental to the retail sale of products on the premises, shall not employ more than five (5) persons excluding sales personnel, and shall be placed and constructed as not to be offensive or objectionable because of odor, dust, smoke, noise or vibration.

(b)

Other uses and structures which are customarily incidental and clearly subordinate to permitted and conditional use as determined by the Planning Director.

(c)

Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, when a primary dwelling exists on the lot.

e.

Design Review Required. All new structures or buildings, or exterior revisions of any existing structures or buildings for both permitted and conditional uses shall require design review pursuant to Article II, Section 30-35.

f.

Signs. Signs are allowed as provided by Section 30-6, Sign Regulations, of this article. A sign permit is required prior to placement of any signage on property in Alameda.

g.

Development Regulations.

Minimum Lot Area and Minimum Lot Width: None.

2.

Building Height Limit: Building height shall be regulated as follows:

(a)

Park Street District—Maximum height shall be sixty (60′) feet, provided that any portion of a building over fifty (50′) feet shall be set back at least fifteen (15′) feet from the front property line. Where any side or rear lot line abuts a residential district, the maximum height of the adjacent residential district shall apply within twenty (20′) feet of the property line.

(b)

Webster Street District— Maximum height shall be sixty (60′) feet, provided that any portion of a building over forty (40′) feet shall be set back at least fifteen (15′) feet from the front property line. Where any side or rear lot line abuts a residential district, the maximum height of the adjacent residential district shall apply within twenty (20′) feet of the property line.

3.

Building Coverage: Buildings may cover one hundred (100%) percent of the building site.

4.

Maximum Residential Density: None.

5.

Minimum Residential Density for new buildings: thirty (30) dwelling units per acre. Minimum residential density shall not apply to adaptive reuse of, or addition to, existing buildings to add one or more residential units.

6.

Front Yard: Buildings shall be located on the front property line. A minimum of eighty-five (85%) percent of the area between the side property lines must be occupied by building mass, plazas, or paseos along the primary street frontage.

7.

Minimum Side Yard: None; however where any side lot line abuts a residential district there shall be a minimum side yard of five (5′) feet.

8.

Minimum Rear Yard: None; however, where the rear lot line abuts a residential district there shall be a minimum rear yard of five (5′) feet.

9.

Yards for Gasoline Service Station pumping stations and automobile service facilities. (In addition to the yard requirements prescribed for the zoning districts):

(a)

A setback of ten (10′) feet shall be maintained from property lines that abut the rear yard of a lot located in a residential district or a lot in residential use.

(b)

A setback of fifteen (15′) feet shall be maintained from property lines that abut the side yard of a lot located in a residential district or in residential use.

10.

Off-Street Parking: As regulated by Section 30-7, Off-Street Parking, Electric Vehicle Charging, and Transportation Demand Management Regulations.

(Ord. No. 2850 N.S. § 1; Ord. No. 2920 N.S. §§ 8, 9; Ord. No. 2953 N.S. § 1; Ord. No. 2979 N.S. § 4; Ord. No. 2984 N.S. § 4)

(Ord. No. 3025 N.S., §§ 1, 2, 12-7-2010; Ord. No. 3047 N.S., §§ 1, 2, 6-6-2012; Ord. No. 3057 N.S., § 1, 1016-2012; Ord. No. 3072 N.S., § 9, 5-7-2013; Ord. No. 3111 N.S., §§ 6, 8, 10-7-2014; Ord. No. 3168, § 2, 11-15-2016; Ord. No. 3183 N.S., § 4, 7-5-2017; Ord. No. 3255 N.S., § 6, 11-19-2019; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3333 N.S., § 4, 12-6-2022)

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all C-M Districts as delineated and described in the zoning map(s). This district classification is intended to be applied where general commercial facilities are necessary and desirable for public service and convenience, or where light manufacturing will be a compatible use because of the absence of noise, odor, dust, dirt, smoke, vibration, heat, glare, excessive vehicular and rail traffic, radiation, and other hazards incidental to certain industrial uses.

b.

Uses Permitted.

1.

Uses permitted in C-1 and C-2 Districts, but excluding residential uses.

2.

The following uses which are conducted principally within enclosed structures:

(a)

Assembly of electrical appliances, electronic instruments and devices, and radios and phonographs, including the manufacture of small parts, such as coils, condensers, transformers, crystal holders and similar items,

(b)

Automotive repairing, overhauling, rebuilding and painting, sales and services,

(c)

Bakeries and bakery goods distributors,

(d)

Bookbinding, printing, lithographing and engraving shops,

(e)

Cabinet and carpenter shops,

(f)

Candy, confectionery, catering establishments,

(g)

Carpet and rug cleaning or dyeing,

(h)

Cleaning and dyeing plants,

(i)

Cold storage plants, including ice storage,

(j)

Dairy products processing plants, but excluding canning operations,

(k)

Diaper supply services,

(l)

Electrical repair shops,

(m)

Equipment sales and service, including refrigeration,

(n)

Exterminators,

(o)

Glass shops, including auto glass,

(p)

Heating and ventilating shops,

(q)

Household goods storage and moving,

(r)

Jewelry manufacturers,

(s)

Laundries and linen supply services,

(t)

Optical goods manufacturing,

(u)

Packaging establishments,

(v)

Parcel delivery services,

(w)

Petroleum products distribution station and accessory uses,

(x)

Photographic processing, finishing and printing,

(y)

Repair shops—miscellaneous,

(z)

Research laboratories and institutions,

(aa)

Sail lofts,

(bb)

Scientific instrument and equipment manufacturing and machine shops,

(cc)

Sheet metal shops,

(dd)

Ship chandleries,

(ee)

Tire sales, retreading, or recapping,

(ff)

Tool or cutlery sharpening or grinding,

(gg)

Underground or above ground public utility facilities for primarily local service such as substations, gas regulators, manned or unmanned communications equipment buildings, and similar uses,

(hh)

Upholstery shops,

(ii)

Veterinary clinics, veterinary hospitals, kennels, or animal shelters, provided that no such use shall be located within two hundred (200′) feet of any R District unless allowed under a use permit and provided, further, that all outside pens or runs shall be screened from all adjacent lots and streets by solid fences or walls no less than six (6′) feet in height,

(jj)

Warehousing and storage facilities,

(kk)

Wholesale trade establishments,

(ll)

Bed and breakfast facilities, upon compliance with standards set forth in the definition for bed and breakfast in Section 30-2.

3.

Other commercial-manufacturing uses which are similar to the uses permitted in this district, are normally conducted within an enclosed structure, and are not specifically mentioned in M-1 and M-2 District regulations.

c.

Uses Requiring Use Permits.

It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations.

1.

Commercial-manufacturing uses not specified above which normally are not conducted within an enclosed structure,

2.

Outdoor amusements,

3.

Veterinary clinics, veterinary hospitals, kennels, or animal shelters within two hundred (200′) feet of any R District only upon a finding by the Planning Director that sufficient air conditioning and soundproofing will be provided to effectively confine odors and noise so as not to interfere with the public health, safety, and welfare. Supervised outdoor runs and unleashed activity shall only be permitted between the hours of 8:00 a.m. and 8:00 p.m., and animals shall be leashed and supervised when outdoors at all other times. No outside pens or unsupervised runs shall be permitted,

4.

Any dwelling unit as regulated by subsection 30-4.8c.l. of this article,

5.

Boat sales and service,

6.

Car washing establishments,

7.

Machinery sales, rentals and services,

8.

Storage yards for motor vehicles, but excluding truck units as defined in Section 30-2, motor truck terminal,

Permitted uses which are not conducted within an enclosed building or structure,

10.

Commercial marinas subject to the requirements in subsection 30-4.9c.15,

11.

Columbariums and crematoriums,

12.

Liquor stores,

13.

Grocery stores,

14.

Convenience stores located within three hundred (300′) feet of any residential zoning district,

15.

Work/live studios subject to the requirements of Section 30-15.

16.

Large format retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than thirty thousand (30,000) square feet (if part of a planned development, no use permit is required). Super stores, as defined in Section 30-2, are prohibited.

d.

Minimum Height, Bulk and Space Requirements.

1.

Lot Area, Width, Coverage and Front Yard: None.

2.

Building Height Limit: One hundred (100′) feet.

3.

Side Yard: Same as specified for C-2 District.

Rear Yard: Same as specified for C-2 District.

5.

Off-Street Parking and Loading Space: As regulated in Section 30-7 of these regulations.

(Ord. No. 535 N.S. § 11-1337—11-1340; Ord. No. 1277 N.S.; Ord. No. 1356 N.S.; Ord. No. 1400 N.S.; Ord. No. 1802 N.S.; Ord. No. 2174 N.S.; Ord. No. 2267 N.S.; Ord. No. 2289 N.S.; Ord. No. 2407 N.S. § 7; Ord. No. 2511, § 1; Ord. No. 2671 N.S. §§ 2, 3; Ord. No. 2700 N.S. § 2; Ord. No. 2784 N.S. § 2; Ord. No. 2979 N.S. § 5; Ord. No. 2984 N.S. §§ 5, 6)

(Ord. No. 3072 N.S., § 10, 5-7-2013; Ord. No. 3248, § 3, 9-3-2019)

30-4.11 - M-1, Intermediate Industrial (Manufacturing) District.

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all M-1 Districts, as delineated and described in the zoning map(s). It is intended that this district classification be applied in areas suitable for light manufacturing and other industrial purposes, and in which a reasonable degree of control is desirable for the protection of uses within and adjacent to the area so classified.

b.

Uses Permitted.

1.

Any use as permitted and regulated in the C-M District.

2.

The following and similar uses from which noise, smoke, dust, noxious fumes and gasses, glare, heat and vibration are confined within the premises or held to volumes, intensities and levels at the perimeters of individual properties which are no greater than those in the general area, in which disposal of all waste matter and material is in conformity with local and State standards and regulations, and in which all operations are conducted principally within buildings, except that other operations may be permitted within enclosures under conditions consistent with the intent of this article, if approved by the Planning Board:

(a)

Automobile parts, accessories and assemblies rebuilding,

(b)

Battery manufacturing,

(c)

Blacksmith shops,

(d)

Canneries,

(e)

Ceramic products manufacturing, excluding pulverizing of clay,

(f)

Commercial advertising structure, poster panel and painted bulletin maintenance and manufacturing,

(g)

Compounding, treating or manufacturing of articles or merchandise from the following previously prepared materials: bone, canvas, cellophane or other plastic sheeting, cloth, cork, feathers, felt, fiber, fur, hair, horn, glass, leather, light sheet metal products, paint (not employing a boiling process), paper, shell, textiles, tobacco, wire, and yard,

(h)

Cosmetics manufacturing,

(i)

Drugs and pharmaceuticals manufacturing,

(j)

Electric motors (under one (1) horsepower) manufacturing,

(k)

Electrical sign maintenance and manufacturing,

(l)

Electronic equipment manufacturing, including radio, television and similar items,

(m)

Food products (excluding fish products, sauerkraut, vinegar, yeast, rendering or refining of fats and oils, or any other product tending to produce noxious or offensive odors) processing,

(n)

Light metal stampings manufacturing,

(o)

Machine shops (not involving use of automatic screw machines, drop hammers or punch presses with a rated capacity of over twenty (20) tons),

(p)

Pencil manufacturing,

(q)

Perfume manufacturing and/or blending,

(r)

Plastic, rubber or synthetic rubber product manufacturing,

(s)

Toiletries and toilet soap manufacturing (excluding refining or rendering of fats and oils),

(t)

Truck repairing and overhauling,

(u)

Wire products manufacturing, including nails, staples, wire cloth and similar items,

(v)

Woodworking shops and sash and door manufacturing, including incidental mill work.

3.

The following uses may be conducted within an area enclosed on all sides by a solid or open grill type wall, or a chain link fence and gates, all not less than six (6′) feet in height, except that no wall or fence shall be required on the side that a property abuts a railroad right-of-way, the Estuary or U.S. Tidal Canal.

(a)

Boat building and repair of craft not exceeding one hundred (100) tons,

(b)

Building material including retail lumber sales; provided that all mill work is conducted within a completely enclosed structure; provided the sales of rock, sand, gravel, and like materials shall be clearly incidental,

(c)

Draying, freighting or motor truck terminal,

(d)

Feed and solid fuels sales yard,

(e)

Heavy equipment storage yard or plan, or rental facility for such,

(f)

Underground or aboveground public utility facilities for primarily local service such as substations, gas regulators, manned or unmanned communications equipment buildings, and similar uses.

4.

All other uses which are similar in character to the uses permitted above.

5.

Uses customarily incidental to any of the above uses when located on the same premises, including an attached or detached residence for an on-premises watchperson or manager and his or her family, subject to provision of two hundred forty (240) square feet of private useable open space immediately adjacent to and accessible from the residence. Open storage of materials and equipment shall be permitted only within an area enclosed on all sides with a solid or open grill type wall, or a chain link fence and gates, all not less than six (6′) feet in height and in a manner consistent with the intent of the section except that no wall or fence shall be required on the side that a property abuts a railroad right-of-way, the Estuary or U.S. Tidal Canal. A solid wall or fence not less than six (6′) feet high shall be required where the proposed use adjoins property in an R District.

6.

Signs: Those pertaining to the permitted and accessory uses on the property, and poster panels or painted bulletins, all as regulated further in Section 30-6 of these regulations.

7.

Emergency shelters provided that the proposed facility provides on site management and on site security during the hours that the shelter is in operation, provides twenty-five (25) beds or less, provides one (1) off street parking space for every three (3) beds, is located not less than three hundred (300') feet from another emergency shelter, and limits the length of stay to six (6) months or less.

c.

Uses Requiring Use Permits.

It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise and similar considerations.

1.

Blacksmith shops and machine shops involving the use of drop hammers, automatic screw machines or punch presses with a rated capacity of over twenty (20) tons,

Outdoor amusement uses,

3.

Veterinary clinics and/or veterinary hospitals under the same terms and conditions set out in subsection 304.10c,

4.

Repair, rehabilitation, or modification of an existing dwelling unit where continued use of the dwelling unit would not inhibit attainment of General Plan industrial land use designations or the operation of legitimate industrial uses in the vicinity,

5.

Railroad yards,

6.

Shipping terminals,

7.

Truck cleaning and washing establishments,

8.

Permitted uses which are not conducted within an enclosed building or structure,

9.

Commercial marinas subject to the requirements of subsection 30-4.9c.15,

10.

Columbariums and crematoriums,

11.

Liquor stores,

12.

Convenience stores located within three hundred (300′) feet of any residential zoning district,

13.

Work/live studios subject to the requirements of Section 30-15.

Large format retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than thirty thousand (30,000) square feet (if part of a planned development, no use permit is required). Super stores, as defined in Section 30-2 are prohibited.

d.

Minimum Height, Bulk and Space Requirements.

1.

Lot Area: None.

2.

Lot Width: None.

3.

Maximum Total Building Coverage, including accessory buildings: eighty (80%) percent.

4.

Building Height Limit: One hundred (100′) feet.

5.

Front Yard: Five (5′) feet minimum.

6.

Side Yards: None, or where a side yard is desired, a minimum of twelve (12′) feet shall be provided: provided, further, that in the event the use is adjacent to an R District, a minimum of twelve (12′) feet shall be provided.

7.

Rear Yard: None required, except that in the event the use is adjacent to an R District, a minimum of twelve (12′) feet shall be maintained.

8.

Off-Street Parking and Loading Space: As regulated in Section 30-7.

(Ord. No. 535 N.S. §§ 11-1345—11-1348; Ord. No. 1277 N.S.; Ord. No. 1356 N.S.; Ord. No. 1400 N.S.; Ord. No. 1802 N.S.; Ord. No. 2174 N.S.; Ord. No. 2289 N.S.; Ord. No. 2407 N.S. § 8; Ord. No. 2422 N.S. § 1; Ord. No. 2671 N.S. § 4; Ord. No. 2700 N.S. § 3; Ord. No. 2784 § 3; Ord. No. 2979 N.S. § 7; Ord. No. 2984 N.S. § 7)

(Ord. No. 3054 N.S., § 5, 7-17-2012)

30-4.12 - M-2, General Industrial (Manufacturing) District.

a.

General. The following specific regulations and the general rules set forth in Section 30-5 shall apply in all M-2 Districts as delineated and described in the zoning map(s). It is intended that this district classification be applied in areas suitable for the least restricted use of land within the City and that the restrictions applied shall be those necessary for the public health, safety and general welfare.

b.

Uses Permitted.

1.

Any use as permitted and regulated in the M-1 District.

2.

The following and similar uses from which noise, smoke, dust, noxious fumes and gasses, glare, heat and vibration are confined within the premises or held to volumes, intensities and levels at the perimeters of individual properties which are no greater than those in the general area, and in which disposal of all waste matter and material is in conformity with local and State standards and regulations, and in which all operations are conducted principally within buildings, except that other operations will be permitted within enclosures under conditions consistent with the intent of this article if approved by the Planning Board.

(a)

Box or cooperage manufacturing,

(b)

Breweries,

(c)

Cork products manufacturing,

(d)

Die casting,

(e)

Electrical Equipment manufacturing, including heavy motors (one (1) horsepower and over), switch gear, transformers, turbines and similar items,

(f)

Enameling works, including ferrous enamel, panels, cast iron or pressed steel, sanitary ware and similar items,

(g)

Foundries—ferrous and nonferrous,

(h)

Furniture (wood or metal) manufacturing,

(i)

Match manufacturing (safety machines only),

(j)

Metal products manufacturing or processing, structural, fabricated,

(k)

Metal shipping drum, barrel manufacturing,

(l)

Paperboard container product manufacturing and processing,

(m)

Pickle or vinegar manufacturing,

(n)

Pipe and pipe fitting manufacturing,

(o)

Planing mill,

(p)

Plumbing fixture manufacturing,

(q)

Poultry or rabbit killing and dressing,

(r)

Prefabricated houses or wood structural member manufacturing,

(s)

Textile manufacturing, including canvas, cloth and similar items,

(t)

Tool manufacturing—machine, hand,

(u)

Transportation equipment manufacturing,

(v)

Wood preservation processing,

(w)

Trash Transfer Station. Hours of operation limited from 8:00 a.m. to 5:00 p.m. Trash burning or storage of hazardous materials is prohibited.

3.

Uses customarily incidental to any of the above uses when located on the same premises, including an attached or detached residence for an on-premises watchperson or manager and his or her family, subject to provision of two hundred forty (240) square feet of private useable open space immediately adjacent to and accessible from the residence. Open storage of materials and equipment shall be permitted only within an area enclosed on all sides with a solid or open grill type wall, or a chain link fence and gates, all not less than six (6′) feet in height and in a manner consistent with the intent of the section except that no wall or fence shall be required on the side that a property abuts a railroad right-of-way, the Estuary or U.S. Tidal Canal. A solid wall or fence not less than six (6′) feet high shall be required where the proposed use adjoins property in an R District.

4.

Signs: Those pertaining to the permitted and accessory uses on the property, poster panels and painted bulletins, all as regulated further in Section 30-6 of these regulations.

c.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations.

1.

Auto wrecking yards,

2.

Outdoor amusements,

3.

Veterinary clinics and/or veterinary hospitals upon the same terms and conditions set out in subsection 304.10c,

4.

Any existing dwelling use as regulated by subsection 30-4.11c,

5.

Airport and related facilities, aircraft landing areas,

6.

Asphalt batching plants, including hot mix,

7.

Concrete products manufacturing, batching plants,

8.

Lumberyard (wholesale), kiln,

9.

Railroad yards,

10.

Shipbuilding and repairing (over one hundred (100) tons),

11.

Shipping terminals,

12.

Permitted uses which are not conducted within an enclosed building or structure,

13.

Commercial marinas subject to the requirements of subsection 30-4.9c.15,

14.

Columbariums and crematoriums,

15.

Liquor stores,

16.

Convenience stores located within three hundred (300') feet of any residential zoning district,

Hazardous materials processing, as defined by subsection 30-2(b) of the Alameda Municipal Code, and subject to the terms and conditions of Subsection 30-21.3(e) thereof,

18.

Work/live studios subject to the requirements of Section 30-15,

19.

Large format retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than thirty thousand (30,000) square feet (if part of a planned development, no use permit is required). Super stores, as defined in Section 30-2, are prohibited.

d.

Minimum Height, Bulk and Space Requirements.

1.

Lot Area: None.

2.

Lot Width: None.

3.

Maximum Total Building Coverage, including accessory buildings: Eighty (80%) percent.

4.

Building Height Limit: One hundred (100′) feet.

5.

Front Yard: Five (5′) feet minimum.

6.

Side Yards: None, or where a side yard is desired, a minimum of twelve (12′) feet shall be provided; provided further, that in the event the use is adjacent to an R District, a minimum of twelve (12′) feet shall be maintained.

7.

Rear Yard: None required, except that in the event the use is adjacent to an R District, a minimum of twelve (12′) feet shall be maintained.

8.

Off-Street Parking and Loading Space: As regulated in Section 30-7 of these regulations.

(Ord. No. 535 N.S. §§ 11-1349—11-1352; Ord. No. 1277 N.S.; Ord. No. 1356 N.S.; Ord. No. 1400 N.S.; Ord. No. 1802; Ord. No. 2174 N.S.; Ord. No. 2289 N.S.; Ord. No. 2407, N.S. § 9; Ord. No. 2422 N.S. § 2; Ord. No. 2671 N.S. § 5; Ord. No. 2700 N.S. § 4; Ord. No. 2727 N.S. § 2; Ord. No. 2784 N.S. § 4; Ord. No. 2979 N.S. § 8; Ord. No. 2984 N.S. § 8)

a.

Statement of Purpose. The purpose of the Planned Development District is to provide more flexibility in site design, development standards and types of land uses than would otherwise be allowed in the underlying zoning district; to ensure project compatibility with surrounding uses; and to ensure that adverse environmental effects are reduced or avoided to the maximum extent feasible.

b.

Established. The Planned Development (PD) District is hereby established as a zoning district classification combining the provisions of the regulations of the underlying district with the regulations for planned developments as set forth herein.

c.

Qualifying Requirements.

1.

All areas of the City zoned Planned Development shall be developed or redeveloped under the Planned Development process.

2.

A Planned Development shall include at least two (2) acres of contiguous land unless the Planning Board finds that an area containing less than two (2) acres is suitable as a planned development by virtue of its location adjacent to other planned developments, unique historical or architectural character, topography, natural landscape features, parks or water areas, or other features requiring special treatment or protection.

3.

All Planned Developments shall be consistent with the General Plan.

4.

In order to assure quality developments, professional talent (i.e., architects, landscape architects, civil engineers, traffic engineers and planners) should be used in the design of planned developments. Professionals should be registered in the State of California.

d.

Uses Permitted in Planned Developments.

The following may be permitted in residential planned developments:

(a)

Uses permitted in the district with which the PD District is combined;

(b)

Uses requiring use permits in the district which the PD District is combined;

(c)

Yacht clubs which the Planning Board finds are compatible with the development under consideration.

2.

The following uses may be permitted in nonresidential Planned Development Districts:

(a)

Uses permitted in the district with which the PD District is combined;

(b)

Uses requiring use permits in the district with which the PD District is combined;

(c)

Any uses which the Planning Board finds are compatible with the development under consideration;

(d)

Large format retail.

e.

Other Applicable Regulations. (Not related to use.) Regulations applicable to the district with which the PD District is combined shall apply, except for provisions for:

1.

Minimum lot area and width and maximum building coverage;

2.

Yards;

3.

Off-street parking;

Height.

The Planning Board shall establish the requirements for excepted provisions by conditions of approval.

f.

Procedures and Standards.

1.

At least one (1) public hearing, noticed pursuant to subsection 30-21.7 shall be held on each application or substantial amendment thereto.

2.

The provisions of subsections 30-21.3c and d. and subsection 30-21.12 shall apply to all PD applications.*

3.

The Planning Board may approve a PD application only if it determines:

(a)

The development is a more effective use of the site than is possible under the regulations for which the PD district is combined; and

(b)

The project meets the requirements of AMC Section 30-21.3.b. Use Permit Standards, subsections 1, 2, 3, and 4.

4.

Parcels developed with two (2) or more existing single-family or two-family dwellings may be approved as a Planned Development, subject to the following standards:

(a)

The provisions of subsection 30-4.13c., d., and e. shall apply.

(b)

Parcels to be subdivided shall be developed with only single-family or two-family homes.

(c)

Each parcel created through the subdivision shall be required to comply with the density requirement of Article XXVI of the Alameda City Charter.

(d)

No vacant parcels of less than five thousand (5,000) square feet shall be created.

(e)

The proposal shall be reviewed for basic health and safety standards. The Planning Board shall be authorized to establish conditions of approval.

5.

No PD application shall be approved which would not comply with the provisions of the Subdivision Map Act or subdivision regulations of the City, exclusive of those requirements for which exemptions are permitted.

6.

The Planning Board may consider but shall not approve or disapprove architectural design features subject to Design Review Board approval.

7.

A PD permit shall terminate one (1) year from the effective date of its approval unless actual construction has begun within that time. The time required to approve a tentative or final map on the PD permit shall extend the time to begin construction if the tentative map is filed within one (1) year.

Prior to the expiration of the one (1) year period within which the PD permit must be first exercised, the grantee may apply for one (1) additional one (1) year time period within which to exercise the approval. Such applications for extension shall be ruled upon by the Planning Board after a public hearing.

This right to apply for the additional one (1) year time period shall be retroactive to PD approvals in existence on or subsequent to December 1, 1988.

g.

Density.

1.

The Planning Board shall determine the number of dwelling units that are appropriate for the Planned Development. Unless mitigating measures can be implemented under paragraph i. of this subsection, density which could create the conditions listed in that paragraph shall not be allowed.

2.

The maximum number of dwelling units which the Board may permit shall be:

(a)

R-1; One unit per 5,000 square feet of lot area.

(b)

R-2; One unit per 2,000 square feet of lot area.

(c)

R-3; One unit per 2,000 square feet of lot area.

(d)

R-4; One unit per 2,000 square feet of lot area.

(e)

R-5; One unit per 2,000 square feet of lot area.

(f)

R-6; One unit per 2,000 square feet of lot area.

3.

Density shall be calculated for each planned development. The Board may calculate density on the basis of more than one (1) Planned Development if the Planned Developments are contiguous and part of an approved master plan. This paragraph g. may be applied to existing as well as proposed Planned Developments.

h.

Streets and Other Transportation Facilities.

1.

All streets, other than ways used for access to garages or parking areas, shall be dedicated unless the Planning Board determines that private streets are a necessary arrangement in the design of the planned development and the covenants and conditions include a provision that the City may repair streets and/or require dedication at a later date if streets are not maintained.

2.

The Planning Board may require the dedication of any walkway, bicycle path, or other transportation facility within a Planned Development if such dedication appears to be in the public interest.

3.

A Planned Development shall satisfy either the provisions of the subdivision regulations or the requirements for exceptions to the provisions of the subdivision regulations. If the Planning Board determines that the design of the Planned Development meets the requirements for exceptions, approval of the Planned Development shall constitute the recommendation to authorize appropriate exceptions to the requirements and regulations of the subdivision regulations.

i.

Particular Conditions. The Planning Board may impose such conditions as will eliminate or mitigate any of the following conditions which might otherwise result from approval of the application:

1.

Traffic congestion or unsafe access,

2.

Site not physically suitable for the type of development,

3.

Site not physically suitable for the proposed density,

4.

Proposed improvement is likely to cause substantial environmental damage,

5.

Design or type of improvement is likely to cause serious public health problems.

j.

Development Plan. An applicant seeking approval of a Planned Development shall submit a development plan with the application. The development plan shall include all of the following information:

1.

A site plan showing:

(a)

All streets, walkways, waterways, bicycle or pedestrian paths, parking lots, dividing strips, bridges, building pads or sites and lot lines, drawn so as to be easily read and interpreted,

(b)

Areas proposed to be conveyed, dedicated or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public uses, or similar facilities proposed for common ownership or use,

(c)

General topography and cross-sectional information, in sufficient detail so as to be easily understood,

(d)

Details and specifications, as necessary, to insure that improvements meet the requirements of the Planning Board.

A plot plan showing:

(a)

Each building site or pad, its relationship to other building sites in distance and the approximate location of all buildings, structures and improvements.

(b)

All open space, including common open space and private open space.

3.

Elevations, perspective drawings, models or other graphic representations sufficient to appraise the Board of the design of the various improvements of the project.

4.

A development schedule indicating:

(a)

The approximate date when construction of the project is expected to begin.

(b)

The stage in which the project will be built and the approximate date when construction of each state is expected to begin.

(c)

The anticipated rate of development.

(d)

The approximate dates when the development of each of the stages in the development is expected to be completed.

(e)

The area and location of common open space that will be provided at each stage.

5.

An outline of the proposed agreements, provisions or covenants, if any, which will govern the use, maintenance, and continued protection of the Planned Development and any of its common open areas.

6.

Any additional information which the Planning Board deems necessary or desirable.

An overall general or master plan showing how the plans relate to one another when two (2) or more related Planned Development plans will be filed.

k.

Development Plan Finalization. Whenever approval of the development plan is conditioned on amendments thereto, the Planning Board may require an additional review to insure that all exhibits and texts of the approval comply with approvals given. Exhibits and text shall be designated the final development plan when no further approvals are required by the Planning Board.

m.

Amendments.

1.

Amendments to planned developments shall be subject to review by the Planning Board.

2.

Amendments to planned developments shall be required under the following circumstances:

(a)

Changes in permitted uses from those authorized under the planned development approval;

(b)

Changes in the permitted minimum lot area and width, building height limit, maximum main building coverage, or yard requirements;

(c)

Changes in off-street parking requirements;

(d)

Additions to commercial or public uses which involve more than a twenty-five (25%) percent increase in the floor are of existing structures associated with the use. The Planning Board may place additional requirements on individual Planned Development projects that establish specific criteria for evaluating the need for an amendment. These may be in addition to or may modify the standard established in this section;

(e)

A building or use expansion which, in the opinion of the Planning Director, may have a substantial adverse effect on adjacent property;

(f)

Conversion of existing multiple tenant retail spaces to a single retail space greater than thirty thousand (30,000) square feet; unless, said conversion is allowed by the existing Planned Development approval.

3.

Amendments to final development plans shall be processed according to the foregoing provisions of this article.

n.

Certificates of Compliance. Before the issuance of an occupancy permit, the Zoning Administrator shall certify that the conditions of approval of the Planned Development have been met. The City Engineer's report on a final map shall certify that the final map is consistent with the conditions of approval of the Planned Development.

o.

Rebuilding Destroyed Developments. Planned Developments approved and completed at the adoption of this Ordinance No. 1807 N.S. may be rebuilt if destroyed by accident, fire or other cause.

(Ord. No. 2848 N.S. §§ 1, 2; Ord. No. 2652 N.S. § 1; Ord. No. 535 N.S. §§ 11-1353—11-1358; Ord. No. 1277 N.S.; Ord. No. 1807 N.S.; Ord. No. 1931 Exh. A No. § 12., 13., and 14.; Ord. No. 2025 N.S.; Ord. No. 2441 N.S., § 1; Ord. No. 2566 N.S. § 5; Ord. No. 2579 N.S. § 6; Ord. No. 2583 Exh. A., No. 7; Ord. No. 2600 N.S. §§ 1, 2; Ord. No. 2608, § 1; Ord. No. 2795 N.S. §§ 1, 2; Ord. No. 2979 N.S. §§ 10—13)

Editor's note— Subsections 30-21.3c and d. permit the Board to place conditions on approval and to revoke approval for failure to abide by required conditions. Subsection 30-21.12 permits the Planning Board to refer applications to the Design Review Board for a report or for approval.

a.

General. The following regulations shall apply in all districts with which are combined A Districts in addition to the regulations hereinbefore specified, and shall be subject to the provisions of Section 30-5; provided, however, that wherever conflict in regulations occurs the regulations of this subsection shall govern.

b.

Uses Permitted.

1.

All uses permitted in the respective district with which the A District is combined.

2.

Large animal husbandry and livestock farming, provided that not more than one (1) horse, one (1) mule, one (1) cow, or one (1) steer or bull shall be kept for each half acre of area.

Crop and tree farming.

c.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations.

1.

Dog and cat kennel,

2.

Dairy farming,

3.

Veterinary hospital,

4.

Sale of agricultural products produced on the premises, provided that no permanent commercial structure for such purpose shall be permitted.

d.

Special Yards and Distances Between Buildings. Barns, stables, and similar accessory buildings shall be not less than fifty (50′) feet from the front property line; not less than ten (10′) feet from any side property line; nor less than forty (40′) feet from any dwelling.

(Ord. No. 535 N.S. §§ 11-1359—11-1362; Ord. No. 1277 N.S.)

a.

General. In any district with which is combined any B District, the following special regulations shall apply; provided, however, that wherever conflict occurs with respect to regulations covering building site area, depth of front yard or width of side yards, the more restrictive regulations shall govern. It is intended that these regulations shall be applied to those areas where a less than normal coverage of the building site area would afford better protection to the public health, safety and welfare.

b.

Special Regulations.

Building Site Area Required: Shall be indicated by a number following the B in the district designation, which number represents the required area in thousands of square feet.

2.

Side Yards Required: Ten (10%) percent of lot width on each side to a maximum requirement of sixteen (16′) feet, but in no case less than eight (8′) feet for interior side yards or ten (10′) feet for side yards adjacent to streets on corner lots.

(Ord. No. 535 N.S. §§ 11-1363—11-1364; Ord. No. 1277 N.S.)

30-4.16 - H, Special Height Combining District.

a.

General. In any districts with which are combined H Districts, the following special height regulations shall apply in lieu of the height regulations specified for such other districts; provided, that wherever conflict in regulations occurs the more restrictive of such regulations shall govern.

b.

Special Height Regulations.

1.

The special maximum height regulations shall be indicated by the symbol H followed by a numerical figure which figure shall represent the maximum permitted height in feet measured from the average elevation of the ground area to be occupied by a particular building or structure.

(Ord. No. 535 N.S. §§ 11-1365—11-1366; Ord. No. 1277 N.S.)

30-4.17 - G, Special Government Combining District.

a.

General. The G District classification shall be combined with the district classifications applied to all lands in the ownership of the U.S. Government or the State of California.

b.

Prior to the use of any lands by any private or public entity other than the United States or State of California, through purchase or pursuant to lease from the U.S. Government or State of California, rezoning procedures shall be completed to remove the G classifications and to consider further appropriate district classification changes.

c.

Reserved.

d.

Notwithstanding the provisions in subsection (b) herein, interim uses by private or public entities other than the United States or State of California of lands owned by the U.S. Government or State of California may be allowed, subject to a use permit, pursuant to subsection 30-21.3, if the following additional findings can be made:

1.

The interim use is approved for a limited time, not to exceed the maximum time frame set forth in the interim leasing program criteria;

2.

The interim use utilizes existing facilities and does not require substantial new development;

3.

The interim use will not disrupt on-going operations of the governmental entity should the interim use occur concurrent with continuing operations by a governmental entity;

4.

The interim use will not be detrimental to the ultimate redevelopment of the property or the potential resumption of use of the property by the governmental agency; and

5.

The interim use is consistent with an interim leasing program adopted by the City.

e.

An interim leasing program shall be adopted by the City prior to interim use, as provided in subsection (c) herein. The interim leasing program shall be for a specific parcel or parcels, shall specify permitted land uses, consistent with the underlying zoning district, and shall specify the maximum time frame for which a use permit may be granted. In the absence of an adopted interim leasing program, all interim leases shall require rezoning.

(Ord. No. 2658 N.S. § 1: Ord. No. 535 N.S. § 11-1374; Ord. No. 1277 N.S.)

(Ord. No. 3130 N.S., § 1, 7-7-2015; Ord. No. 3208 N.S., § 1, 1-16-2018)

30-4.18 - Y, Special Yard Combining District.

a.

General. In any districts with which are combined Y Districts, certain special yard requirements shall apply in lieu of those otherwise provided. Where conflict in such regulations occurs, the regulations of this section shall apply.

It is intended that this district classification be applied in cases in which special yard depths are necessary to complement unusual conditions related to waterways, breaks in topography and rights-of-way requiring

widening in the future.

The district symbol Y shall be followed by a letter "f" to indicate a special front yard depth, a letter "s" to indicate special side yard depths, or a letter "r" to indicate a special rear yard depth, and a numeral following such letter f, s, or r shall indicate the special required minimum yard depth in feet.

b.

Supplementary Off-Street Parking Spaces. Wherever there shall be established a Yf district with a yard requirement less than the minimum required for an R-1 District with which it is combined, two (2) additional unenclosed off-street parking spaces shall be provided.

(Ord. No. 535 N.S. §§ 11-1375—11-1376; Ord. No. 1277 N.S.)

a.

General. The following specific regulations shall apply in all O Districts as delineated and described in the zoning map(s). It is intended that this district classification be applied on lands, tide lands and water areas suitable for recreational and aesthetic resources, and that the regulations established will promote and protect recreational uses, scenic vistas or reservation of land or water against the intrusion of improper uses.

b.

Uses Permitted.

1.

Public and private parks, parkways, playgrounds, beaches, lagoons or lakes, excepting buildings or structures thereon.

2.

Public and private golf courses, country clubs, excepting buildings or structures thereon.

3.

Public and private land or water preserves.

4.

Underground utility installations for local service.

c.

Uses Permitted, Subject to Minor Design Review. Subject to the adjacent property owner's ability to lease portion(s) of the public tidal lands within the "O" District, minor structures that are accessory to the adjacent residential use for the purpose of either: a) waterfront access, including but not limited to docks, and fences/gates not to exceed eight feet (8′) in height above the dock, or b) landscape amenities, such as

arbors, gazebos, and similar unenclosed structures not to exceed ten feet (10′) in height, are permitted subject to approval process for improvements requiring minor design review, as outlined in Section 30-37 Design Review Regulations.

d.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location or for such other factors as safety, sanitation, design and visual attractiveness.

1.

Any structure or building (other than those described in subsection c. of this section) located within areas described in paragraphs b.1., 2. and 3.

2.

Above ground utility installations for local service.

3.

Publicly owned small craft marinas and related installations.

4.

Public and commercial concessionaire activities, uses and buildings.

(Ord. No. 1601 N.S.; Ord. No. 1992 N.S.; Ord. No. 2407 N.S. §§ 11, 12; Ord. No. 2920 N.S. § 10)

30-4.20 - M-X, Mixed-Use Planned Development District.

a.

Purpose. The purpose of the Mixed-Use District is to encourage the development of a compatible mixture of land uses which may include residential, retail, offices, recreational, entertainment, research oriented light industrial, water oriented or other related uses. The compatibility and interaction between mixed uses is to be insured through adoption of Master Plan (defined in subsection 30-4.20f) and development plan site plan (defined in subsection 30-4.20h), which indicate proper orientation, desirable design character and compatible land uses to provide for:

1.

A more pedestrian-oriented nonautomotive environment and flexibility in the design of land uses and structures than are provided by single purpose zoning districts, including but not limited to shared parking;

2.

The enhancement and preservation of property and structures with historical or architectural merit, unique topographic, landscape or water areas, or other features requiring special treatment or protection;

Recreation areas that are most accessible to both the M-X district's inhabitants and other City residents;

4.

Environments that are more conducive to mutual interdependence in terms of living, working, shopping, entertainment and recreation; and

5.

Flexibility in the design, lay-out and timing of build-out of large-scale mixed use projects in order to respond to market demands while ensuring that development is in conformance with adopted standards, procedures and guidelines. In order to accomplish this purpose, the City may establish Development Standards, Procedures and Guidelines (which govern, among other items, processing procedures, projectwide design guidelines addressing architecture, site planning, parking, circulation, streetscape, open space, landscaping, lighting, project identification and signage, and specific use design guidelines) as part of the Master Plan to which the Development Plans must then conform.

b.

Established. The Mixed-Use (M-X) District is hereby established as a separate zoning district classification.

c.

Qualifying Requirements. Qualifying requirements are the same as other Planned Developments (subsection 30-4.13) except that the acreage limitation shall not apply.

d.

Regulations of Uses Permitted in Mixed-Use Planned Developments.

1.

Uses permitted are those approved by the City Council after review hereunder by the Planning Board.

2.

The City Council may approve, by ordinance, a Master Plan of mixed uses where each phase thereof provides for Open Space District uses (subsection 30-4.19b. and c.) together with at least two (2) other uses which are permitted in either: (i) R-1 or R-2 Districts, (ii) R-6 Districts, (iii) A-P Districts, (iv) C-1 or C-2 Districts, or (v) C-M Districts (of this article) and which otherwise meets the requirements set out herein.

3.

The provisions of subsection 30-4.13h. and i. through n. shall apply to M-X Districts.

4.

The City Council and Planning Board may rely on standards established in other sections of this article as guidance.

The City Council and Planning Board shall establish all other requirements by conditions of approval. The Planning Board shall recommend whatever conditions it deems appropriate for the Master Plan and shall establish conditions for approval of development plans.

e.

Density.

1.

The City Council shall determine the number of dwelling units that are appropriate for the M-X and the appropriate area of noncommercial development therein.

2.

Residential development within the entire M-X shall not exceed one (1) dwelling unit per two thousand (2,000) square feet of lot area for land designated on the Master Plan for residential use.

f.

Master Plan. An application for an M-X District development shall be initiated by filing a Master Plan for the entire district for review with public hearing for an approval in principle by the Planning Board and City Council. A Master Plan submitted shall include:

1.

Market Analysis. Except in redevelopment project areas where a project is approved or amended in conjunction with an agreement with the redevelopment agency, an application seeking approval of a mixeduse development shall submit a market analysis, which shall be prepared and signed by an economist or market analyst as demonstrated by appropriate training and experience, and reviewed by the Planning Board. The market analysis shall demonstrate that the amount of land proposed can be realistically supported in commercial, residential, professional office or research uses. For these purposes such market analysis shall contain the following determinations:

(a)

Determination of the trade area of the proposed facilities;

(b)

Determination of the trade area population, present and prospective;

(c)

Determination of the effective buying power in such trade areas;

(d)

Determination of net potential customer buying power for stores in the proposed commercial and professional facilities and, on such basis, the recommended use types and floor areas;

(e)

Determination of the combined market attraction as a result of the combination of proposed uses for the purpose of assessing the benefits projected for a mixed use project.

2.

An application form prepared by the Planning Department that identifies the location of the proposed development, the applicant, the owner of the property, and the size of the property;

3.

A schematic map showing:

(a)

Proposed land use designations;

(b)

Streets and parking lots;

(c)

Water areas and places of public access to water;

(d)

Public open space and other public facilities;

(e)

Structures or natural features to be preserved.

4.

Maps indicating the following transportation circulation systems within the project and connecting to larger circulation networks in the City:

(a)

Vehicular, including public transit,

(b)

Bicycles,

(c)

Pedestrians, and

(d)

Waterways.

5.

Preliminary elevations of each structure or elevations of each model or typical structure.

6.

A narrative text including:

(a)

Identification and description of the uses proposed;

(b)

Statement of the scale of each use, expressed in numbers (i.e., number of residential units, number of boat berths, square footage of retail-commercial, square footage of office uses, etc.) and in acreage allotted;

(c)

Description of the vehicular transportation circulation system within the project and connecting to larger circulation networks in the City;

(d)

Description of alternatives to private vehicles, including facilities for public transportation use, pedestrians, and bicycles;

(e)

Preliminary plans for parking, describing scale and location;

(f)

Tabulations of approximate acreage allotted to public open space, common private open space, and noncommon private open space;

(g)

Description of public access to water and public utilization of water related facilities; and

(h)

Statement of probable uses of public open space and other public facilities, including a rationale for scale and location.

7.

A preliminary development schedule and phasing diagram showing each phase of the development schedule of the Master Plan, for purposes of planning public amenities and infrastructure.

8.

In lieu of (f)(5) and (7) above, at its discretion, the City Council may approve as part of the Master Plan, a document containing detailed Development Standards, Procedures and Guidelines to which Development Plans must conform and which shall generally cover the topics described in (f)(5) and (7) but permit flexibility in design, lay-out and timing of buildout. The City Council may approve in the Development Standards, Procedures and Guidelines, as provided for in subsection 30-4.20 a5, the delegation of some, or all, of the decisions on the development plans to the Planning Director.

g.

Procedures and Standards.

1.

At least one (1) public hearing shall be held by the Planning Board, noticed pursuant to subsection 30-21.7 on each Master Plan after the Board shall make its recommendations to the City Council.

2.

The City Council shall also hold at least one (1) public hearing on the Master Plan before making its decision therein.

3.

The Planning Board may approve a development plan only if it determines, in the context of the Master Plan, that the mixed use development:

(a)

Qualifies;

(b)

Satisfies the purpose of these regulations;

(c)

Is designed in a manner compatible with existing and potential contiguous uses;

(d)

Provides a sufficient vehicular and nonvehicular circulation system within the project with the least amount of duplication; and the best interface with other systems;

(e)

Provides and maintains adequate landscaping using, where appropriate, native plants and taking maximum advantage of the screening capabilities of landscaping;

(f)

The amount of land proposed for any particular use can be marketed for that use within a reasonable time after development is complete;

(g)

Provides sufficient area, and encourages adequate public accessibility and usage of the water/land interface;

(h)

Provides a comprehensive, coordinated, controlled system of informational and directional graphic signage throughout the development; and

(i)

Demonstrates progressive techniques for the conservation of, and decreased consumption of, nonrenewable energy.

4.

Planning Director Decisions.

(a)

Where authority for decisions on development plans is delegated to the Planning Director, pursuant to subsection 30-4.20 f8a, the Planning Director shall be responsible for making the determinations required in subsection 30-4.20 g3 and providing the same public notice required for Planning Board action on a development plan, but may take action administratively without holding a public hearing. In those instances where the Planning Director believes an application will generate significant public interest or involve policy issues, the Planning Director may refer the application to the Planning Board for review and action. Each decision made by the Planning Director pursuant to delegated authority in accordance with this section shall be placed as an information item on the Planning Board agenda and provide a summary of the project and conditions.

(b)

If the Planning Director receives a written request for a Planning Board public hearing and action by the Planning Board any time during the review process but no later than ten (10) days after the action of the Planning Director or three (3) working days following the Planning Board meeting for which the information item is on the agenda, whichever time period is longer, then the development plan shall be set for Planning Board public hearing and action.

h.

Development Plans. Applicants shall file development plans which include the following information:

1.

Proposed land uses, population densities and building intensities, school sites and usable open space as part of the Site Plan.

2.

All other requirements of subsection 30-4.13j.

i.

Development of the Phases of the Master Plan.

1.

Each phase of the Master Plan shall be substantially under construction before development plan for another phase may be approved, unless otherwise provided in an applicable agreement with the City or Community Improvement Commission.

2.

A phase may be processed by more than one (1) development plan upon approval of the Planning Board for each development plan.

j.

Interim Use Permits. The Planning Board may approve or amend a use permit for a property zoned M-X prior to approval or implementation of a master plan provided that: i) the use is either permitted or conditionally permitted in one of the districts identified in subsection d.2. above, ii) a good-faith effort is being made to complete the master plan for the site according to an agreed-upon time schedule, iii) the term of the use permit is defined and short-term and conditions are included that describe and manage the termination of the interim use upon expiration of the use permit, iv) the interim use does not have significant or greater adverse impacts on neighboring properties, and v) the approved uses will not inhibit or delay adoption of a master plan or redevelopment of a the property consistent with the M-X zoning district purposes.

(Ord. No. 1988 N.S.; Ord. No. 2807 N.S. § 1)

(Ord. No. 3014 N.S., § 1, 12-15-2009; Ord. No. 3168, § 2, 11-15-2016)

a.

General. The following specific regulations, and the general rules set forth in section 30-5, shall apply in all E Districts as delineated and described in the zoning maps and described as follows: those submerged lands between the City limits to the north, the mouth of San Leandro Bay at the eastern end of the Tidal Canal on the east as defined by the intersection of Fernside Avenue and Thompson Avenue, the Oakland Estuary on the west as defined by the western end of Alameda Point, and the Mean Higher High Water Line on the south. It is intended that this district classification be applied in areas in the Oakland Estuary and Tidal Canal, and that the regulations established will promote and protect the environment and waterdependent uses in such districts.

b.

Definitions.

1.

Boat House: shall mean a small structure constructed on or near water for the purpose of housing boats and/or boating or other maritime-related equipment and accessories.

2.

City Limits: shall mean the boundary of the City of Alameda's jurisdiction.

3.

Mean Higher High Water (MHHW) Line: shall mean the average height of the higher high waters (high tide) over a nineteen (19) year period.

4.

Oakland Estuary: shall mean the waterway between the cities of Alameda and Oakland, starting from the Tidal Canal on the east to the mouth of the estuary on the west.

5.

Tidal Canal: shall mean the Oakland Inner Harbor Tidal Canal that was dredged by the Corps between approximately 1884—1905 and includes the waterway between the cities of Alameda and Oakland from the Oakland Estuary to the west to the mouth of San Leandro Bay on the east.

c.

Uses Permitted. None.

d.

Uses Requiring Use Permits. All proposed development within the E District, including:

1.

Uses:

(a)

Marinas,

(b)

Boat houses, docks, and piers,

(c)

Seaport distribution facilities, including boat repair and other marine services and similar uses, provided such uses are consistent with the zoning district on the upland portion of the parcel, as applicable or

adjacent parcel and subject to the required findings required by subsection 2 of this section.

(d)

Bridges, tubes, and other structures and facilities required for the movement of people, energy or materials between the City of Alameda and the City of Oakland.

(e)

Uses and facilities determined by the Planning Board or Zoning Administrator determined to be

substantially similar in character and scale to the uses and facilities described in subsection (a) through (d) above.

2.

Findings. In addition to the findings in subsection 30-21.3, the Planning Board or Zoning Administrator may authorize the issuance of a Use Permit only if the following additional findings can be made:

(a)

The proposal will not create any additional impairments to navigational safety in the Oakland Estuary or the Tidal Canal.

(b)

The proposal is appropriate for the specific location and potentially significant safety, congestion, noise, visual obstruction and other environmental impacts have been considered and addressed.

(c)

The proposed use(s) is/are water-dependent and is/are consistent with the public trust, as applicable.

(d)

The proposed use(s) will not cause degradation to water quality in the Oakland Estuary or the Tidal Canal, or to water-related habitat.

(e)

The proposal, as conditioned, shall be required to obtain any other discretionary approvals required by other regulatory or resource agencies, as applicable.

(f)

The proposed use(s) will not impair or impede the use or enjoyment of neighboring properties, including the use of existing docks.

(g)

The footprint of any new structures included in the proposal must be located entirely within the existing properly owned by or under the control of the applicant.

3.

Conditions. The approval of a use permit shall be contingent upon the acceptance and observance of specified conditions, including, but not limited to the following:

(a)

All title information, leases and City permits shall be complete, accurate and maintained up-to-date.

(b)

For commercial marinas, the applicant shall also comply with all other requirements of subsection 30-4.9(c) (15) of the Zoning Ordinance.

(c)

The applicant shall comply with all other environmental mitigations determined to be necessary through the environmental documentation and public review process.

(d)

The applicant shall comply with any setbacks required by the U.S. Army Corps of Engineers for channel dredging and maintenance activities for both fixed structures and moored vessels.

(e)

The applicant shall maintain the perimeter slope in accordance with City standards.

e.

Minimum Height, Bulk and Space Requirements. Appropriate height, bulk and setback requirements for the proposal shall be established as a condition of the Use Permit and shall be in conformance with the required findings established by subsection 3, the conditions required by subsection 4, and the requirements in 30-5, as applicable.

(Ord. No. 2662 N.S. § 1)

(Ord. No. 3164 N.S., § 1, 10-4-2016)

a.

General. The following regulations shall apply in all districts which are combined T Districts and uses of land in such combined districts shall be subject to the provisions of Section 30-4; provided, however, that wherever conflict in regulations occurs, the regulations of this subsection shall govern.

b.

Uses Permitted. All uses permitted in the respective district with which the T District is combined.

c.

Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for the appropriateness in a specific location, or for such other factors as safety, congestion, noise, and similar considerations:

1.

Auditoria;

2.

Multiple-screen theaters;

3.

Theaters, both movie and live;

4.

Other places of public assembly; and

5.

All uses permitted pursuant to a use permit in the respective district with which the T District is combined.

d.

Special Parking Requirements. In addition to the findings in subsection 30-21.3, the Planning Board may authorize the issuance of a use permit only if the proposed parking:

1.

Is adequate to serve the use's peak parking demand as estimated by a study satisfactory to the Planning and Building Director; and

2.

Complies with all other applicable provisions of Section 30-7 of this chapter.

e.

Special Signage Requirements. Every use permitted under paragraph c. of this subsection may include signs provided that individual standards shall be established for each project in conjunction with the approval required by paragraph c. Requirements for similar uses discussed in this article shall serve as guidelines. All signs, temporary and permanent, shall be approved by the Planning and Building Director pursuant to a coordinated signing program for each project. The program shall coordinate:

1.

Location, number, size and mode of display;

2.

Colors, materials and illumination; and

3.

Temporary signs: duration of use.

(Ord. No. 2937 N.S. § 3)

30-4.23 - Multi-family Residential Combining District.

a.

Purpose. The Multi-family residential combining district (MF District) is an overlay zone intended for lands in Alameda that are well located for transit-oriented multi-family housing, necessary to accommodate Alameda's share of the regional housing need, and available to facilitate and encourage the development of a variety of types of housing for all income levels, including multi-family rental housing as required by California Government Code sections 65580 and 65583.

b.

Alameda Municipal Code and Underlying Zoning District Provisions and Requirements.

1.

Proposed residential use within the MF district shall comply with the provisions of the MF District, the provisions of the underlying zoning district and all other provisions of the Alameda Municipal Code. In the event of a conflict between the provisions of the MF District and the provisions of the underlying district or the Alameda Municipal Code or Alameda City Charter Article 26, the provisions of the MF District shall govern.

2.

Proposed non-residential use, if permitted or conditionally permitted by the underlying zoning districts, within the MF District shall comply with the provisions of the underlying zoning district and all other provisions of the Alameda Municipal Code.

c.

Housing Types Permitted.

1.

The following housing types shall be permitted by right, without a conditional use permit or other discretionary review other than design review, in addition to those permitted by the underlying zoning district:

(a)

Dwellings, multifamily;

(b)

Transitional housing;

(c)

Supportive housing;

(d)

Shared living;

(e)

Residential care facilities.

d.

Land Uses Permitted.

1.

Residential uses are permitted by right in the MF District in addition to the uses permitted and conditionally permitted by the underlying zoning district.

2.

All properties with the MF District designation that front on Park Street or Webster Street shall provide ground floor retail space fronting onto the Park Street or Webster Street public right-of-way.

e.

Permitted Residential Density and Lot Size.

1.

Minimum residential density for new buildings shall be thirty (30) dwelling units per acre. Minimum residential density shall not apply to the adaptive reuse of, or addition to, existing buildings to add one (1) or more residential units.

2.

Minimum lot size requirements shall be modified as necessary to permit construction at the densities allowed by this section.

f.

Height Requirements. The maximum building height limit shall be sixty-five (65′) feet, unless the underlying zoning district provides a greater height limit, in which case the greater height limit in the underlying zoning district shall govern. Where any side or rear lot line abuts a residential district, the maximum height of the adjacent residential district shall apply within twenty (20′) feet of the property line.

g.

Transportation Facilities and Service Requirements. Off-street parking provided shall comply with Section 30-7.

h.

Review Requirements. The review of residential development proposals for residential development within the MF District shall be limited to findings for approval contained in Section 30-37.5, Design Review. No other discretionary action shall be required, unless the applicant requests a variance from the requirements of the MF District or Alameda Municipal Code, consistent with Government Code Section 65583.2(i). Findings for approval, conditional approval or denial of a residential use based on design review or application for a variance shall be consistent with Government Code Section 65589.5.

i.

Open Space Requirements. On site open space shall be provided in accordance with the requirements of the applicable underlying zoning district.

j.

Setback Requirements. Setbacks from property lines shall be provided in accordance with the requirements of the applicable underlying zoning district.

k.

Affordable Housing Requirements.

1.

All residential projects shall provide affordable housing pursuant to Alameda Municipal Code 30-16, Affordable Housing.

(Ord. No. 3054 N.S., § 6, 7-17-2012; Ord. No. 3183 N.S., § 7, 7-5-2017; Ord. No. 3309 N.S., § 3, 11-162021; Ord. No. 3333 N.S., § 4, 12-6-2022)

a.

Purpose. This section provides regulations to facilitate and guide future development at Alameda Point consistent with the goals and objectives of the 1996 Naval Air Station (NAS) Alameda Community Reuse Plan, the City of Alameda General Plan, and:

1.

Seamlessly integrate the former Naval Air Station property into the physical and social fabric of the City of Alameda.

Replace the jobs lost by the departure of the Navy and fostering new economic development opportunities on the former federal lands.

3.

Increase public access to the waterfront and supporting maritime commercial and industrial use of the waterfront.

4.

Create mixed-use transit oriented walkable districts that deemphasize the automobile and support alternative modes of transportation.

5.

Create sustainable districts that minimize greenhouse gas emissions, energy and water use, and maximize protection of the natural environment.

b.

Applicability. The regulations in this section are applicable to all properties within the Alameda Point Zoning District. In addition to these regulations, all new construction, alterations, and land use within the Alameda Point Zoning District must comply with the following permit requirements.

1.

Alameda Municipal Code. Regulations in the Alameda Municipal Code (AMC) not covered by this section remain applicable to the Alameda Point Zoning District, including, but not limited to Section 13-19 (Green Building Requirements) and Section 30-58 (Water Conservation and Bay Friendly Landscaping Requirements). When the content of this section conflicts with another part of the AMC, this section shall govern.

2.

Waterfront Town Center Sub-district and Main Street Neighborhood Sub-district Specific Plans. Development within the A-P Main Street Neighborhood shall be consistent with the Main Street Neighborhood Specific Plan. Development within the A-P-Waterfront Town Center sub-district shall be consistent with the Town Center and Waterfront Precise Plan.

3.

Design Review Required for All New Development. All improvements requiring building permits shall be subject to the requirements of AMC 30-36 Design Review Procedures and AMC 30-37 Design Review Regulations. All design review applications shall be reviewed for conformance with the submittal requirements for a Development Plan as required by AMC 30-4.13(j), the regulations of this Section and the applicable sections of the Citywide Design Review Manual.

4.

Biological Regulations and On-site Lighting. All new construction projects, alterations to existing buildings and new uses shall comply with the conditions set forth in the Declaration of Restrictions for the Former Naval Air Station (Declaration) consistent with the Biological Opinion issued by the U.S. Fish and Wildlife and Exhibit C (Alameda Point Lighting Mitigation Measures) of the Memorandum of Agreement between the City of Alameda and Department of Veteran's Affairs.

5.

NAS Alameda Historic District Guidelines. All new construction and modifications to existing buildings within the NAS Alameda Historic District should be consistent with the Guide to Preserving the Character of the Naval Air Station Alameda Historic District, as amended, and AMC Section 13-21 (Preservation of Historical and Cultural Resources).

6.

Public Trust Exchange Act and Agreement. All use of land and existing buildings and new construction shall be reviewed for consistency with Naval Air Station Alameda Public Trust Exchange Act, Chapter 734, Statutes of 2000, as amended by Chapter 429, Statutes of 2011 and Naval Air Station Alameda Exchange Agreement regarding Public Trust Lands at Alameda Point, referred to collectively in this section as the Public Trust Exchange Agreement.

7.

Alameda Point Environmental Impact Report Mitigation Monitoring Program. All new development and uses shall be reviewed for consistency with the 2014 Alameda Point Environmental Impact Report adopted Mitigation Monitoring and Reporting Program.

8.

Alameda Point Master Infrastructure Plan. All new development and uses shall be reviewed for consistency with the Alameda Point Master Infrastructure Plan.

9.

Alameda Point Master Transportation Demand Management Plan. All new development and uses shall be reviewed for consistency with the Alameda Point Transportation Demand Management Plan.

c.

Alameda Point Sub-district Purpose Descriptions. The Alameda Point Zoning District is comprised of six Sub-districts. Each sub-district includes a specific set of regulations designed to achieve the following purposes and intent:

1.

Waterfront Town Center (WTC). This sub-district provides lands for a mix of uses that include waterfront and visitor-serving uses, including retail, service, entertainment, lodging, recreational, and medium to highdensity residential uses. Development standards are intended to create a pedestrian, bicycle, and transit supportive urban environment designed to de-emphasize the automobile and create a mixed-use

environment that supports the emergence of a transit and pedestrian-friendly mixed-use waterfront neighborhood. Development in this district shall be consistent with the Town Center and Waterfront Precise Plan.

2.

Main Street Neighborhood (MS). This sub-district provides lands for a variety of housing types with complementary small-scale neighborhood-serving retail, urban agriculture and parks uses, and a mix of residential densities. Development standards support development of a walkable, transit-friendly neighborhood with safe streets, adequate common open space areas, and site planning that complements the NAS Alameda Historic District Residential Subarea character-defining features. Use standards should support a diversity of household types, including supportive housing, assisted living, and a mix of neighborhood compatible uses, such as community gardens, childcare centers, urban farms, and other neighborhood supporting uses. Development in this district shall be consistent with the Main Street Neighborhood Specific Plan.

3.

Enterprise-1 (E-1). This sub-district provides lands for employment and business uses, including office, research and development, bio-technology and high tech manufacturing and sales, light and heavy industrial, maritime, community serving and destination retail, and similar and compatible uses. Development standards are intended to create a pedestrian, bicycle, and transit supportive urban environment and ensure high quality, well designed buildings within walking distance of services, restaurants, public waterfront open spaces, and residential areas. Use standards are intended to encourage and facilitate job growth and limit intrusion of uses that would limit or constrain future use of these lands for productive and successful employment and business use.

4.

Enterprise-2 (E-2). The E-2 sub-district serves the same purposes as the E-1 Sub-district, but uses in the E-2 area are restricted to uses that are compatible with the Waterfront Town Center.

5.

Enterprise-3 (E-3). The E-3 sub-district encompasses a one hundred (100′) foot wide band of land that fronts onto Main Street and the adjacent neighborhood. Main Street fronting residential use is conditionally permitted in this sub-district to create a more seamless integration between the enterprise sub-district and the existing Main Street neighborhood.

6.

Enterprise-4 (E-4). The E-4 sub-district is restricted to maritime uses consistent with the Public Trust Exchange Agreement. Residential and other non-maritime oriented uses are prohibited.

7.

Adaptive Reuse (AR). This sub-district provides lands for employment and business uses, including office, research and development, bio-technology and high tech manufacturing and sales, light and heavy

industrial, maritime, commercial, community serving and destination retail, and other uses that support reinvestment in the existing buildings and infrastructure within the NAS Alameda Historic District and residential uses are conditionally permitted in two former residential buildings. Development standards are intended to create a pedestrian, bicycle, and transit supportive urban environment that is compatible with the character-defining features of the NAS Alameda Historic District. Use standards are intended to provide a wide range of investment opportunities within the district to encourage private reinvestment in the NAS Alameda Historic District.

8.

Open Space (OS). This sub-district provides lands for parks, recreation, trails, and large-scale public assembly and event areas consistent with the Public Trust Exchange Agreement. Development standards are intended to support maximum public access, use and enjoyment of these lands, and the protection of natural habitat and wildlife. Use standards are intended to allow for a variety of public open space and compatible uses, such as museums, concessions and parking areas necessary for public use of these lands, in a manner that ensures the protection of the natural environment. Residential, office, and nonvisitor serving or non-maritime oriented commercial uses are not permitted in this sub-district.

9.

Nature Reserve/Government (NR/G). This sub-district provides lands for wildlife habitat. Use of this area should preserve and protect the natural habitat in this area to the fullest extent possible, compatible with the protection of endangered species and other wildlife and plant life that may inhabit, make use of, or be permanently established within this area. Uses include seasonal public access, on-going management and monitoring and activities related to education and research consistent with federal requirements. Pursuant to Section 30-4.17, the G, Special Government Combining District Government Combining District applies to this property because the land is owned by the U.S. Government.

d.

Site Planning and Building Design Requirements. This section provides regulations for the placement of buildings and improvements to land. Planned development and design review applications shall be reviewed for consistency with these regulations. Development in the Waterfront Town Center subdistrict shall be consistent with the development standards and guidelines of the Town Center and Waterfront Precise Plan. Development within the Main Street Neighborhood subdistrict shall be consistent with the development standards and guidelines of the Main Street Neighborhood Specific Plan.

1.

Building Orientation. All new buildings shall be oriented toward the main adjacent public right-of-way (i.e., public street or public park) and shall provide a main public entrance with direct access to the public rightof-way.

2.

Pedestrian Orientation. To support the pedestrian environment and de-emphasize the automobile:

(a)

Surface parking lots or parking structures shall be minimized in size and placed behind or beside the building. Parking lots shall not be placed between buildings and streets. When placed adjacent to a building, the lot shall provide a landscaped twenty-five (25′) foot setback from the public right-of-way.

(b)

Drive through lanes are prohibited.

(c)

Site improvements shall include bicycle racks, pedestrian pathways through parking areas, pedestrian lighting, and sidewalks and street trees on all streets adjacent to the property.

(d)

Public and commercial service facilities such as automated teller machines shall be conveniently located adjacent to the pedestrian public right-of-way.

(e)

Ground floor windows adjacent to the public pedestrian right-of-way shall provide an unobstructed view into the building for a distance of at least five feet to animate the pedestrian experience.

3.

Front Setback. New buildings shall be aligned with the front setback of buildings on the block to maintain a consistent setback and "street wall" along the block and maintain the character of the sub-district. In cases where a consistent "street wall" of buildings does not exist, the following standards should govern:

(a)

In the adaptive reuse sub-district, the building front setback should be consistent with the setback of the other NAS Alameda Historic District contributing buildings on the block or the adjacent blocks to maintain the character defining features of the NAS Alameda Historic District. A smaller front yard setback may be approved if it can be found that the smaller setback supports a more pedestrian-oriented site plan.

(b)

In the enterprise sub-districts, new buildings should be placed as close to the front property line as possible to facilitate pedestrian access. A setback of up to twenty (20′) feet may be approved if it can be found that the setback is necessary and appropriate to create a pleasing landscaped buffer between a building over thirty (30′) feet in height and the public right-of-way or a public park.

(c)

In the open space sub-district, new buildings should be placed in a manner that maximizes and supports the open space and recreational uses of the sub-district.

Rear Setback. No rear setback is required, except where:

(a)

The building abuts a residential use or a public open space, a twenty (20′) foot rear setback shall be provided and the height of the rear of the building shall be designed to provide an adequate transition between the height of the building and the adjacent residential building.

(b)

The rear of the building faces a public street or public open space, the rear of the building shall be aligned with the rear or front setback of the existing buildings on the abutting parcels to maintain a consistent "street wall" and the character of the sub-district.

5.

Side Setback. No side yard setback shall be required in the enterprise or adaptive reuse sub-districts, except where:

(a)

Where the parcel or site abuts a public open space or residential use, a twenty (20′) foot side yard setback shall be provided and the height of the rear of the building shall be designed to provide an adequate transition between the height of the building and the adjacent residential building.

(b)

The side yard abuts a public street, the side yard setback shall be sufficient to align the building with the front setback of the adjacent buildings.

(c)

In the adaptive reuse sub-district, the side street facing setback should be consistent with adjacent contributing NAS Alameda Historic District structures on the side street, unless a finding can be made that the proposed setback is consistent with the character defining features of the NAS Alameda Historic District.

(d)

In the open space sub-district, new buildings should be placed in a manner that maximizes and supports the open space and recreational uses of the sub-district.

6.

Setback Landscaping. In cases where a front or side yard setback that faces a public street or public open space is provided, that setback area shall be landscaped or improved for public use. In the adaptive reuse sub-district, the landscape plan shall be consistent with the Cultural Landscape Guidelines. To protect the endangered species, no landscape materials may be planted in the open space sub-district lands located west of Saratoga Street that are capable of growing over twenty (20′) feet in height.

7.

NAS Alameda Historic District. Within the NAS Alameda Historic District areas within the adaptive reuse sub-district, new building design and architectural detailing shall be compatible with adjacent structures and complement the historic character of the NAS Alameda Historic District.

e.

Building Height Requirements.

1.

Adaptive Reuse Sub-district. The maximum building height in the adaptive reuse sub-district shall be determined by the height of the adjacent NAS Alameda Historic District contributor buildings. In cases where the adjacent buildings differ in height, the tallest adjacent contributing building shall be the determining building height. The height of the new building shall not exceed the height of the adjacent contributor buildings. In the area west of Monarch Street, all new buildings and additions to existing buildings shall be reviewed for consistency with the special building height and placement requirements set forth in the Declaration.

2.

E-1 and E-4 Sub-districts. The maximum permitted height for any building shall be one hundred (100′) feet, except that any building proposed within one hundred (100′) feet of the Encinal High School property shall be limited to thirty-five (35′) feet in height and any building or portion of building within 100 feet of the West Hornet Avenue right-of-way shall not exceed 40 feet in height.

3.

E-2 Sub-district. The maximum permitted height for any new building shall be seventy-five (75′) feet.

4.

E-3 Sub-district. The maximum permitted height for any new building shall be forty five (45′) feet.

5.

Open Space Sub-district. Consistent with the declaration, the maximum permitted height for any new building in this sub-district on lands west of Saratoga Street shall be twenty (20′) feet. New buildings proposed on open space sub-district lands east of Saratoga Street may exceed the twenty (20′) foot height limit, if necessary, to accommodate a desired use with approval of a conditional use permit.

f.

Building Types and Building Frontage Design.

Table A: Building Form and Site Design Standards identifies the building types and frontage types permitted (P), conditionally permitted (C), or not permitted (-), within each sub-district. Standards for the Waterfront Town Center and the Main Street Neighborhood are included in the Waterfront Town Center and Main Street Neighborhood Specific Plans.

Table A—Building Type and Frontage Types[(a)]

(a) For definitions and descriptions of building types refer to the Citywide Design Review Manual.

g.

Use Regulations.

Use Regulations Table. Table B, Allowed Land Uses, indicates the land uses that are permitted "by right" (P), by conditional use permit (C), or not permitted (—), within each sub-district. Limitations that apply to specific land uses are indicated by letters in parentheses (e.g., (a), (b), (c)) and described below the tables. Conditional use permits may be granted pursuant to the procedures and standards of Sections 30-21.3 and 30-21.4.

Open Space Sub-district Uses. Uses proposed in the open space sub-district shall be consistent with Section 30-4.19 Open Space District, provided that all use of these public lands shall require approval of a conditional use permit and be reviewed for consistency with the Public Trust Exchange Agreement.

3.

Similar and Accessory Uses. If a proposed use is not listed in Table B Allowed Land Uses as a permitted or conditionally permitted use, it shall not be permitted unless the Planning Director or the Planning Board determines that the proposed use is substantially similar to a use specified as a permitted or conditionally permitted use in that sub-district. Such determination shall not permit the establishment of any use that would be inconsistent with the statement of purpose of the sub-district in question, and no interpretation shall have the effect of amending, abrogating, or waiving any other standard or requirement established in these regulations. Accessory uses customarily incidental to any of the above permitted uses when on the same lot are permitted. Accessory uses customarily incidental to any of the above conditional uses when located on the same lot are conditionally permitted with the granting of a conditional use permit pursuant to AMC, Section 30-21.3 or 30-21.4. Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, shall be permitted when a primary dwelling exists on the lot.

4.

Work/Live Uses. Work/live uses shall be consistent with Section 30-15, except that in the Alameda Point Zoning District, work/live units may be allowed in new buildings consistent with the work/live type described in the Design Review Manual.

5.

Multi-family Dwellings, Adaptive Reuse Subdistrict. Within the adaptive reuse sub-district, multi-family dwellings may be conditionally approved only in contributing structures Buildings 2, 4, and 17.

6.

Outdoor Operations and Activities. Any use that is normally conducted within a building and permitted by the zoning may be permitted outdoors with approval of a conditional use permit.

7.

Adaptive Reuse Sub-district between Saratoga and Lexington Streets. All use of these lands and existing buildings shall be reviewed for consistency with the Public Trust Exchange Agreement.

8.

Fireworks, Aircraft, and Feeding Stations. To protect the California least tern endangered species, fireworks displays and the operation of aircraft shall not be permitted between April 1 and August 15. Feral cat feeding stations and colonies, and the feeding of any native and non-native wildlife species that are potentially predators of least terns are prohibited.

9.

Interim Uses. Use permits may be issued for interim uses that may not be permitted or conditionally permitted as set out in Table B, provided that interim use permits provide opportunities for short-term uses and activities for a defined period of time, not to exceed five (5) years that are not intended to be permanent uses but are transitional in nature, generally allowing for emergency situations, construction and remediation activities, or the cultivation and establishment of small, low-overhead businesses and their eventual relocation into permanent structures.

10.

Table B: Allowed Land Uses.

Residential, Open Space and Lodging

(a)

Conditionally permitted in Buildings 2, 4, and 17.

(b)

Accessory dwelling units and junior accessory dwelling units are permitted if a primary dwelling exists on the lot and further regulated by Section 30-5.18, Accessory Dwelling Units.

(c)

Permitted if accessory to a permitted, primary use.

Commercial and Retail

Education and Assembly

(d)

Permitted by right if accessory to a residential use.

Transportation Services

Marine

Industrial

Wholesaling and C C — C P C — distribution

(Ord. No. 3088 N.S., § 2, 2-18-2014; Ord. No. 3168, § 2, 11-15-2016; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3333 N.S., § 4, 12-6-2022)

a.

Purpose. This section of the Alameda Municipal Code (AMC) provides regulations and standards to facilitate and guide future development within the North Park Street District consistent with the City of Alameda General Plan, the Economic Development Strategic Plan, and the Gateway District Strategic Plan. The regulations within this section are intended to:

i.

Guide desirable re-investment in the district consistent with General Plan policies and the Gateway District Strategic Plan goals for development and land uses that support a pedestrian friendly, transit oriented mixed use district.

ii.

Remedy the "auto-row" physical characteristics of the district, while allowing new larger scale commercial and employment uses that provide goods, services, and/or employment opportunities in Alameda.

iii.

Provide form based regulations and guidelines for site development and building design to facilitate development that supports Alameda's unique character and encourages innovative design that supports an attractive, pedestrian friendly district.

iv.

Maintain maritime, light industrial, manufacturing, distribution, and work place uses where they have access to the estuary and City's designated truck routes.

v.

Retain mixed use areas that have historically provided a transition between residential areas and adjacent industrial and commercial mixed-use districts.

b.

Applicability. The regulations in this section are applicable to all properties within the North Park Street District (District). Standards in the AMC not covered by this section shall remain applicable to the North Park Street Zoning District. When the content of this section conflicts with the AMC, this section shall govern. For each district zone, a common set of site development regulations and use regulations are

provided to ensure complementary land uses and a consistent physical form. All improvements requiring building permits shall be subject to the requirements of Sections 30-36 through 30-37 Design Review and the Site Building Form Development Requirements of Table A. (Building Form and Site Design Standards). All design review applications shall be reviewed for conformance with the regulations of this section and the applicable sections of the Citywide Design Review Manual.

c.

Sub-district Descriptions. The North Park Street District is comprised of five (5) sub-districts each with its own purpose, development standards, and permissible uses.

i.

The North Park Street Gateway sub-district (G-NP) is a significant gateway to the City of Alameda. The intent of the NP-G sub-district is to guide the redevelopment of the Park Street commercial area with attractive buildings located near the sidewalk with a mix of commercial workplace, retail, and compatible residential uses that support a pedestrian and transit friendly environment.

ii.

The North Park Street Maritime Manufacturing (MM-NP) sub-district preserves lands for maritime, light industrial and larger scale commercial and office employment uses.

iii.

The North Park Street Workplace sub-district (W-NP) provides lands for a mix of workplace, commercial, light industrial and manufacturing uses adjacent to the Clement and Blanding Avenue truck routes, as well as residential uses on upper floors of mixed-use buildings. The sub-district regulations permit a range of site and building types for employment uses and residential uses.

iv.

The North Park Street Mixed Use sub-district (MU-NP) establishes regulations for mixed-use areas with commercial and residential uses. The sub-district regulations maintain a residential building type for the sub-area, while allowing a greater mix of office, commercial, and residential uses.

v.

The North Park Street Residential sub-district (R-NP) provides lands for residential uses within a district of residential building types. Sub-district regulations maintain and support a distinctive residential character in use and building type.

d.

Building Form and Site Design Requirements.

i.

Table A — Building Form and Site Design Standards identifies the building form and site design requirements permitted (P) or not permitted (-), within each sub-district. Variances from this Section shall be

subject to the requirements and findings of Section 30-21 of the AMC.

Table A. Building Form and Site Design Standards

ii.

Additional Building Form and Site Design Requirements to Support Alternative Modes of Transportation.

a.

Site Plans. Site plans shall encourage and support pedestrian, bicycle, and transit access by including facilities such as bicycle racks, pedestrian pathways through parking areas, pedestrian lighting, sidewalks, and street trees.

b.

Building Orientation. All new buildings shall be oriented toward the adjacent public right-of-way (i.e., public street or public park) and shall provide a main public entrance with direct access to the public right-of-way. Exceptions may be granted for residential buildings if the finding can be made that the proposed design is appropriate for the site and the elevation fronting onto the public right-of-way is generally consistent with the Design Review Manual for the applicable building type.

c.

Frontage Coverage. In the Gateway sub-district, a minimum of eighty-five (85%) percent of the area between the side property lines must be occupied by building mass, plazas, or paseos along the primary street frontage.

d.

Service Orientation. Public and commercial service facilities such as automated teller machines shall also be located adjacent to the public right-of-way.

e.

Window Design. Within the Gateway sub-district, new buildings shall include windows along the public right-of-way that provide an unobstructed view into the building for a distance of at least five (5′) feet.

iii.

Setbacks.

a.

Front. Where a range is permitted by Table A, new buildings shall be aligned with the front setback of buildings on the abutting parcels to maintain and support the "street wall" character of the block face.

b.

Side. In the Mixed Use and Residential sub-districts, side setback may be reduced to less than five (5′) feet provided that side setback is at least ten (10%) percent of parcel width. In the Gateway and Workplace sub-districts a five-foot setback shall be provided in all cases when the property line abuts a Residential or Mixed Use sub-district property line.

c.

Side Street on Corner Parcels. Within the Gateway sub-district, buildings shall be built to the side street right-of-way line for a minimum distance of twenty (20′) feet from the corner. Portions of the building beyond twenty (20′) feet may be set back up to fifteen (15′) feet for outdoor seating or other nonautomobile related public spaces. A setback greater than fifteen (15′) feet may be approved with a Design Review application, if a finding can be made that the greater setback is needed to create pedestrianoriented courtyards, plazas, and seating areas that will benefit the public pedestrian experience.

d.

Rear. In the Gateway and Workplace sub-districts, a five-foot rear setback shall be provided if the rear property line abuts a Residential or Mixed Use district. In the Mixed Use and Residential Districts, the required rear yard setback may be reduced to five (5′) feet if the rear property line abuts a Workplace or Gateway sub-district and provided that the proposed site plan provides the required useable open space and off-street parking requirements.

iv.

Building Height, Workplace Sub-district. In the Workplace sub-district, maximum building height is sixty (60′) feet for properties located north of Clement Avenue; forty (40′) feet for properties located south of Clement Avenue.

v.

Building Height Exceptions. Corner towers and similar architectural design elements may exceed the maximum building height limit subject to design review approval provided that all habitable areas and storage areas are within the maximum building height limit. If any side or rear lot line abuts a property in a residential district, the height limit of the adjacent residential district shall apply within twenty (20′) feet of such lot line.

vi.

Off-Street Parking and Loading Requirements. Off-street parking shall be provided in accordance with provisions and requirements of Section 30-7, Off-Street Parking, Electric Vehicle Charging, and Transportation Demand Management Regulations. When a surface parking area in the Gateway sub-district abuts a surface parking lot on an adjacent parcel with a retail or service use within the Gateway or Mixed Use sub-districts, access shall be provided between the adjacent parking lots, unless the Planning Board finds that access between the lots significantly degrades parking opportunities in the area or is not appropriate given unique conditions that exist on one or both of the adjacent parcels.

vii.

Maximum Residential Density: None.

viii.

Residential Open Space Requirements. Usable open space consists of private open space and common open space as defined in Section 30-5.12. Dwelling units shall provide a minimum of sixty (60) square feet of usable open space per dwelling unit. The Planning Board may consider provision of off-site open space

in lieu of onsite open space provided that the Planning Board is able to find that the off-site open space: 1) will be provided concurrent with the development, 2) is located within a two (2) block radius of the residential development; and 3) will benefit a greater number of people than open space provided on site.

e.

Use Regulations.

i.

Table B—Allowed Land Uses indicates the land uses that are permitted "by right" (P), by conditional use permit (C), or not permitted (-), within each sub-district. Uses permitted on the upper floor by right and on the ground floor with a conditional use permit are indicated by "P upper/C lower." Limitations that apply to specific land uses are indicated by numbers in parentheses (e.g., (1), (2), (3)) and described in table footnotes.

Table B: Allowed Land Uses

Residential, Open Space, and Lodging

Use limitations and notes:

(1)

Permitted on upper floors of buildings that also contain nonresidential uses. The dwellings, living quarters, or sleeping rooms may not be located on the ground floor.

(2)

Accessory dwelling units and junior accessory dwelling units, as regulated in Section 30-5.18, are permitted if a primary dwelling exists on the lot.

(3)

Permitted if accessory to a permitted, primary use.

Office and Work Live

Retail

Institutional and Service

Use limitations and notes:

(4)

Family day care homes are permitted by right if accessory to a residential use and are permitted within any dwelling type.

Automotive

Marine

Industrial

ii.

Conditional use permits may be granted pursuant to the procedures and standards of Sections 30-21.3 and 30-21.4.

iii.

If a proposed use is not listed in Table B — Allowed Land Uses as a permitted or conditionally permitted use it shall not be permitted unless the Planning Director or the Planning Board determines that the proposed use is substantially similar to a use specified as a permitted or conditional use in that sub-district. Such determination shall not permit the establishment of any use that would be inconsistent with the statement of purpose of the sub-district in question, and no interpretation shall have the effect of amending, abrogating, or waiving any other standard or requirement established in these regulations. In no case shall this provision be interpreted to permit check cashing businesses, tattoo parlors on the ground floor, gun and firearm sales, or tobacco and tobacco product stores except the sale of tobacco and tobacco products is allowed as accessory to other permitted or conditionally permitted uses.

iv.

Accessory uses customarily incidental to any of the above permitted uses when on the same lot are permitted. Accessory uses customarily incidental to any of the above conditional uses when located on the same lot are conditionally permitted with the granting of a use permit pursuant to AMC, Section 30-21.3 or 30-21.4.

(Ord. No. 3072 N.S., § 3, 5-7-2013; Ord. No. 3111 N.S., § 7, 10-7-2014; Ord. No. 3162 N.S., § 1, 10-42016)

(Ord. No. 3183 N.S., § 5, 7-5-2017; Ord. No. 3278 N.S., § 3, 5-5-2020; Ord. No. 3333 N.S., § 4, 12-6-2022)

30-4.26 - Community Mixed Use Combining District.

a.

Purpose. The Community Mixed Use Combining District (CMU Combining District) is intended to facilitate and support the construction of multifamily housing and mixed use development on sites that already provide community serving commercial services including a grocery store to accommodate Alameda's regional housing need as required by California Government Code Sections 65580 and 65583.

b.

Applicability. The development and use of land within the CMU Combining District shall comply with the provisions of the CMU Combining District, the provisions of the underlying zoning district, and all other provisions of the Alameda Municipal Code. In the event of a conflict between the provisions of the CMU

Combining District and the provisions of the underlying district or the Alameda Municipal Code or Alameda City Charter Article 26, the provisions of the CMU Combining District shall govern.

c.

Mixed Use Required. To be eligible for residential development consistent with the provisions of [subsections] 30-4.26e., g., h., i., and j., the subdistrict must provide a minimum amount of non-residential commercial retail or service floor area inclusive of a grocery store of at least twenty thousand (20,000) square feet in size in mixed use buildings or free standing commercial buildings. The minimum amount of non-residential commercial floor area required shall be determined by the total acreage of the subdistrict and a ratio of at least nine thousand (9,000) square feet per acre in each sub-district resulting in a requirement of: Four hundred seventy-seven thousand (477,000) square feet for the fifty-three (53) acre South shore subdistrict, ninety thousand (90,000) square feet for the ten (10) acre Bay Farm subdistrict, one hundred seventeen thousand (117,000) square feet for the thirteen (13) acre Marina Village subdistrict, and the two hundred sixteen thousand (216,000) square feet for the twenty-four (24) acre Alameda Landing subdistrict.

d.

Commercial Ground Floor Required. Residential buildings fronting onto Park Street, Shoreline Drive, 5th Street, Wilver "Willy" Stargell Avenue, Island Drive, Mecartney Road, and Marina Village Parkway shall provide ground-floor commercial space for retail and service uses of at least thirty (30′) feet in depth fronting onto the public right-of-way.

e.

Residential Uses Permitted. Provided that the properties within the subdistrict meet the commercial floor area and frontage requirements of sub-section d., residential uses, including multifamily dwellings, shared living, transitional and supportive housing, residential care facilities and low barrier navigation centers shall be permitted by right in the subdistrict without a conditional use permit or other discretionary review other than design review.

f.

Maximum Residential Density. None.

g.

Minimum Permitted Residential Densities. The minimum density shall be thirty (30) dwelling units per acre. Addition of dwelling units to an existing building within the original building envelope shall be exempt from residential density standards. For the purposes of this section, residential density shall be calculated by dividing the size of the existing or proposed parcel by the number of dwelling units in the proposed building. The review of development proposals that include residential development consistent with the CMU Combining District provisions shall be limited to findings for approval contained in Section 30-37.5, Design Review, if the development is subject to Design Review and shall be exempt from any applicable requirements for planned development approval required by Section 30-4.13. Findings for approval, conditional approval or denial of a residential use shall be consistent with Government Code Section 65589.5.

h.

Building Height Limit. The building height limit shall be sixty-five (65′) feet, unless the underlying zoning district provides a greater height limit, in which case the greater height limit in the underlying zoning district shall govern.

i.

Building Orientation. Buildings adjacent to the publicly owned right-of-way shall be oriented toward the public right-of-way, with at least one main entry facing the public right-of-way.

j.

Submittal Requirements. Applications shall include a development plan pursuant to Section 30-4.13.j.

(Ord. No. 3333 N.S., § 4, 12-6-2022)

The off-street parking, electric vehicle charging, and transportation demand management regulations are established in order to:

a.

Implement City of Alameda climate change, transportation, affordable housing, economic development, and historic preservation policy objectives established by the City of Alameda General Plan, Climate Action and Resiliency Plan, and Transportation Choices Plan;

b.

Relieve automobile congestion and provide for the safe, efficient, and equitable use of the public street network by pedestrians, bicyclists, transit, emergency vehicles, and automobiles; and

c.

Reduce the air pollution, storm water runoff, urban heat island effects, and greenhouse gas emissions generated by automobile use.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

The provisions of this section (Section 30-7) shall apply to all of the following development activities:

a.

New buildings;

b.

New dwelling units;

c.

Expansions of existing buildings that, in any ten (10) year period, would cumulatively represent more than twenty-five (25%) percent of the existing gross floor area.

When a development activity does not involve the provision of new off-street parking spaces, only subsections 30-7.6, Off-Street Bicycle Parking Requirements and 30-7.7, Transportation Demand Management Requirements shall apply.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

30-7.3 - Off-Street Vehicle Parking Regulations.

Off-street vehicle parking shall be provided consistent with the following requirements:

a.

No Minimum. Except for the accessible parking spaces required by subsection 30-7.4, Off-street Parking for Persons with Disabilities, no off-street vehicle parking is required for any use.

b.

Maximum Parking Spaces. The ratios stated in Table A determine the maximum number of off-street vehicle parking spaces that may be provided for each land use.

c.

Fractions. When the calculation of permitted off-street parking spaces results in a fraction, the fraction shall be rounded up to allow for one off-street parking space.

d.

Sites with Multiple Uses. Where two or more primary uses occupy a single site, the maximum number of parking spaces permitted for each use shall be calculated separately, then summed to determine the total number of spaces permitted for the site. Uses ancillary to a primary use shall utilize the same ratio as the primary use.

e.

Use Permit Required to Exceed Maximum. The maximum number of permitted off-street parking spaces may be exceeded only upon issuance of an administrative use permit pursuant to Section 30-21.4, Administrative Use Permits, if, in addition to the findings of subsection 30-21.3(b), all of the following findings are made:

1.

Transportation demand management measures will reduce the need for the additional off-street parking;

2.

The additional parking demand cannot reasonably be accommodated through formal arrangements such as shared parking or reciprocal parking agreements that make use of other available off-site parking;

3.

There are unique characteristics of the users or the land use activity that result in a high level of automobile parking demand; and

4.

The project provides positive environmental, social, or other community benefits that outweigh the adverse effects of additional parking, such as improving public safety, or improving and/or preserving access for pedestrians, cyclists or users of public transit. In its decision the Zoning Administrator may impose such conditions as are necessary to minimize transportation impacts from the increased parking.

f.

Existing Nonconforming Parking Spaces. If the number of existing off-street vehicle parking spaces on a site is greater than the number that would be allowed by Table A, the existing spaces in excess of the allowed maximums may be maintained, but the maximum parking ratios shall not be further exceeded unless a use permit is granted pursuant to subsection 30-7.3(e).

g.

Uses Not Specified. Uses not specified in Table A shall utilize the same rates as the most similar uses specified in Table A, as determined by the Planning Director based on demonstrated parking need for comparable uses.

h.

Table A: Allowable Maximum Off-Street Parking Requirements.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

Any new or expanded parking facility shall be provided with the minimum number of spaces required to serve persons with disabilities in accordance with the requirements of the California Building Code (CBC).

For the purposes of this subsection, the minimum number of accessible spaces required by the CBC shall be calculated based on the maximum number of spaces set forth in Section 30-7.3, Off-Street Vehicle Parking Regulations. Projects exceeding the maximum number of spaces permitted in Section 30-7.3 shall meet the CBC minimum requirements.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

Electric vehicle charging facilities shall be provided and maintained for projects whenever off-street parking is provided, including in existing parking facilities. The number and type of charging facilities provided shall meet the following requirements. Where two (2) or more primary uses occupy a single site, the EV parking required for each use shall be calculated separately, then summed to determine the total number of spaces permitted for the site. Uses ancillary to a primary use shall utilize the same requirement as the primary use.

a.

Residential Use—With Private, Dedicated Garage. One (1) parking space provided shall be a Level 2 EV Ready Space.

b.

Residential Use—Multifamily Shared Parking Facilities. Twenty-five (25%) percent of parking spaces provided shall be at least a Level 2 EV Ready Space. Twenty-five (25%) percent of spaces provided shall be at least a Level 1 EV Ready Space.

c.

Nonresidential—Offices, research and development, life sciences, banks, financial services, institutional uses, community care facilities, hospitals, personal services, health clinics, industrial, distribution, hotels/motels and other similar uses with daily parking demand. Ten (10%) percent of parking spaces provided shall be equipped with an installed electric vehicle charging station. Thirty (30%) percent of parking spaces provided shall be Level 2 EV Capable. One 80kW Direct Current Fast Charger may be substituted for up to five (5) Electric Vehicle Charging Stations.

d.

Nonresidential—Retail uses, grocery stores, commercial recreation, restaurants, bars, cafes, theaters or similar uses with hourly parking demand. Ten (10%) percent of parking spaces provided shall be equipped with an installed Electric Vehicle Charging Station. One 80kW Direct Current Fast Charger may be substituted for up to five (5) Electric Vehicle Charging Stations.

e.

Automatic Load Management Systems (ALMS) permitted. Nothing in this subsection excludes the use of Automatic Load Management Systems in parking facilities. ALMS systems must be designed to deliver a minimum of 8-amperes and not less than 1.4-kiloWatts at the provided voltage, to each EV Capable, EV Ready or EVCS space served by the ALMS.

f.

Non-proprietary infrastructure. Electric vehicle supply equipment installed pursuant to this subsection shall be compatible with a broad range of electric vehicle makes and models.

g.

Definitions:

1.

Level 1 EV Ready Space shall mean a space that is served by a complete electric circuit with a minimum of 110/120 volt, 20-ampere capacity including electrical panel capacity, and such additional elements deemed necessary by the Building Official.

2.

Level 2 EV Ready Space shall mean a space that is served by a complete electric circuit with a minimum of 208/240 volt, 40-ampere capacity including electrical panel capacity, and such additional elements deemed necessary by the Building Official, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes.

3.

Level 2 EV Capable shall mean a parking space linked to a listed electrical panel with sufficient capacity to provide at least 208/240 volts and 40-amperes to the parking space. Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, and such additional elements deemed necessary by the Building Official.

4.

Electric Vehicle Charging Station (EVCS) shall mean a parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of thirty (30) amperes connected to a circuit serving a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space

requirement. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.

5.

Automatic Load Management Systems (ALMS): A control system which allows multiple EV chargers or EVReady electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger, providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability.

h.

Exceptions. The Planning Director or Planning Board may authorize exceptions to the EV charging requirements of this section for one hundred (100%) percent affordable housing development if such exception is required to address cost constraints, unique site constraints, or any unique or special characteristics of the use.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

Secure long- and short-term bicycle parking spaces shall be provided consistent with the following requirements:

a.

Number of Spaces Required. Table B states the minimum number of bicycle parking spaces that shall be provided for each land use.

b.

Uses not specified in Table B shall utilize the same rates as the most similar uses specified in Table B as determined by the Planning Director based on demonstrated bicycle parking need for comparable uses. Bicycle parking shall be designed consistent with the City of Alameda Bicycle Facility Design Standards.

c.

Dedicated Private Garages. Dwelling units with private, dedicated garages are considered as having satisfied the requirement for long-term bicycling parking spaces.

d.

Table B: Minimum Number of Bicycle Parking Spaces.

e.

Design Standards. Bicycle parking shall be designed consistent with the City of Alameda Bicycle Facility Design Standards.

f.

Manual Lifting. For projects requiring at least ten (10) long-term bicycle parking spaces, spaces that require the user to manually lift the bicycle vertically two (2′) feet or more off the ground shall not constitute more than thirty (30%) percent of the total spaces. All other spaces shall not require lifting the bicycle or be equipped with mechanical or other built-in assistance to secure the bicycle.

g.

Other Bicycle Types. For projects requiring at least ten (10) long-term bicycle parking spaces, a minimum of ten (10%) percent of spaces shall accommodate bicycles that might not fit in traditional racks such as cargo bikes, adult tricycles and electric bicycles with wider tires.

h.

Use of Public Right-of-Way. Short-term bicycle parking may be located in the public right-of-way, subject to an Encroachment Permit or other Public Works Director approval.

i.

Exceptions. The Planning Director or Planning Board may authorize exceptions to the requirements of the minimum number of bike parking spaces stated in Table B, location, or the design standards, if such exception is required to address unique site constraints, any unique or special characteristics of the use, or is appropriate to provide improved access to bicycle parking facilities.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

Transportation Demand Management (TDM) programs shall be implemented to relieve automobile congestion and provide for the safe, efficient, and equitable use of the public street network by pedestrians, bicyclists, transit, emergency vehicles, and automobiles; and to reduce the air pollution, storm water runoff, urban heat island effects, and greenhouse gas emissions generated by automobile use, consistent with the following requirements:

a.

TDM Program. Any development or project under Section 30-7.2 that will result in a net increase of one hundred ten (110) vehicle trips per day onto the public street network as determined by the Institute of Transportation Engineers (ITE) Trip Generation Manual shall implement a TDM Program designed to reduce the number of vehicle trips generated by the project. The TDM program shall implement measures and/or improvements designed to change individual travel behavior to encourage greater use of alternative modes of transportation to reduce single-occupancy vehicle trips, vehicle miles traveled, and parking demand.

b.

Unbundled Parking. The cost of private residential parking in a shared common parking facility shall be unbundled from the price of the housing unit such that potential renters or buyers shall have the option of renting or purchasing a dwelling unit at a price lower than would be the case if there were a single price for both the dwelling unit and the parking space. The following rules shall apply to the sale or rental of parking spaces in new multi-family residential buildings of ten (10) units or more:

1.

All off-street parking spaces shall be leased or sold separately from the rental or purchase fees for the individual units for the life of the units, such that potential renters or buyers have the option of renting or buying a unit at a price lower than would be the case if there were a single price for both the unit and the parking space(s).

2.

Potential buyers and renters of affordable residential units have an equal opportunity to buy or rent parking spaces on the same terms and conditions as offered to the potential buyers and renters of market rate units, at a price proportional to the sale or rental price of their units as compared to comparable market rate

units. This stipulation shall be included in any agreement recorded between the City and the developer pertaining to the affordable housing units.

3.

Affordable units that include financing requirements that conflict with these provisions may be granted an exception from these provisions by the Planning Director or Planning Board.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

30-7.8 - Off-Street Parking Improvement, Location, and Dimensional Requirements and Standards.

Off-street vehicle parking spaces are subject to the following requirements and standards:

a.

Improved Surface. All parking areas and access driveways shall have a smoothly graded, stabilized, all weather and dustless surface with adequate drainage so that damage will not be caused to adjacent properties, nor will such water drain across a public walk. Appropriate bumper guards or curbs shall be provided, where needed, in order to define parking spaces or limits of paved areas.

b.

Landscaping. For unenclosed parking lots, a minimum of one (1) tree for every four (4) parking spaces shall be provided to reduce heat island effect and create a tree canopy throughout the parking lot. Unenclosed parking spaces next to the walls of adjacent buildings or property lines shall be separated from such by a minimum three (3′) feet of landscaped area. Backup areas and driveways shall have a minimum of one (1′) foot of landscaped separation from property lines as measured from inside of curb, or adjacent pavement if no curb. Any unenclosed parking space or backup area that is adjacent to a public street shall be separated from the public street or sidewalk by a minimum of five (5′) feet of landscaped area.

c.

Location on Site. No parking space for a residential building may be located in any minimum required front yard, or in any minimum required side yard on the street side of any corner lot. No parking spaces for a non-residential building shall be located between the main building(s) and the street frontage(s). Parking spaces located between the main building(s) and the street frontage(s) may be approved through design review if it can be demonstrated that:

1.

To locate the parking in conformance with subsection 30-7.8(b) would not constitute a change in the existing conditions on the site, or

2.

The nature of the proposed use or the configuration of the property requires that some or all of the parking be located in front of the building, and

The design of the parking area and driveways will not adversely impact pedestrian, bicycle, vehicular, or transit visibility, as defined by subsection 30-5.14(b)10 or access in the vicinity of the site as determined by the Public Works Director.

d.

Wheel Stops. Where parking is provided perpendicular or angled into a public or private sidewalk or other pedestrian or bicycle pathway, wheel stops or other appropriate measures such as extending the curb and landscaped area as described below shall be utilized to prevent encroachment by parked vehicles. The required parking space lengths may, for nonparallel spaces, be reduced by up to one and one-half (1½′) feet, with the curb to serve as a tire stop. The one and one-half (1½′) feet wide area that would otherwise be paved as part of the parking space (i.e. the "overhang" area), shall either be landscaped (with lawn or ground covers not exceeding six (6") inches in height), or if abutting a walkway, shall be paved with material similar to that of the walkway.

e.

Lighting. Parking areas shall be adequately illuminated to ensure public safety. Lighting shall be so designed and located to shield light from adjoining properties and shall not cause a glare hazardous to pedestrians or auto drivers. The maximum height of a parking lot light standard shall be twenty-five (25′) feet. All light fixtures in residential zones, or on parcels adjacent to any residential use, shall be limited to "full cut-off" type illumination. Ground level illumination shall not exceed a minimum standard of two (2) foot candles, with a ratio no greater than fifteen to one (15 to 1) between the highest and lowest areas of illumination. In a residential zone, or on a parcel adjacent to any residential use, the permitted minimum standard is reduced to one-half (½) foot candles. Any proposal for parking lot lighting that would vary from the above standards is subject to approval by the Planning Director.

f.

Physical Clearance. All parking backup and driveway access areas shall have a minimum vertical clearance of seven (7′) feet, except handicapped parking and access areas which shall have eight (8′) feet vertical clearance. Parking spaces shall be maintained free and clear of obstruction except as necessary to accommodate landscape wells, supporting structures for parking lifts, and other parking facility elements approved by the Planning Director.

g.

Access Design. Parking areas with five (5) or fewer spaces may be designed for vehicles to back out onto the street. All other parking areas shall be designed for vehicles to enter and exit in a forward direction, unless otherwise permitted by the Public Works Director.

h.

Residential Driveway Width. For residential uses, a minimum driveway width of eight and one-half (8½′) feet and a maximum of ten (10′) feet is permitted. Driveways that provide access to two (2) or more adjacent single car garages, if separated from each other by a landscaped strip not less than three (3′) feet wide, are measured as individual driveways when determining compliance with this subsection.

1.

Exceptions to the ten (10′) foot limitation for residential driveways may be permitted to: (i) allow a maximum width of up to sixteen (16′) feet in order to provide access to a two (2) car garage located no further than fifty (50′) feet from the lot's street frontage(s); or (ii) allow a "flare out" that provides adequate maneuvering area to a multi car garage located more than fifty (50′) feet from the lot's street frontage(s), subject to approval by the Public Works Director.

i.

Commercial Driveway Width. For non-residential uses, a driveway occupying no more than forty (40%) percent of lot frontage or twenty (20′) feet in width (whichever is less) is permitted. For service stations a maximum driveway width of forty (40′) feet is permitted.

j.

Driveway Location. The centerline of an access driveway where it connects to a street shall be at least thirty-five (35′) feet from the nearest street right-of-way line of an intersection, unless otherwise permitted by the Public Works Director.

k.

Curb Cuts. No more than one (1) curb cut per lot shall be allowed per parcel, or if one use is occupying multiple parcels with cross access easements, per use, except for service stations where access shall be limited to a maximum of two (2) curb cuts, unless otherwise approved by the Planning and Public Works Directors.

1.

Notwithstanding subsection (k) above, new curb cuts for automobile access to new, expanded, or existing off-street parking lots are prohibited on Park Street and Webster Street frontage within the C-C zoning district, as well as crossing any Class IV separated bikeways that are built or part of an adopted plan. Existing curb cuts may be relocated, or access may be provided from a side street, provided that the property does not already include one (1) curb cut on the side street or has sufficient frontage on the side street to safely accommodate the additional curb cut, as determined by the Public Works Director. If access cannot be provided from an existing, relocated, or side street curb cut, then the project applicant may request a waiver of this requirement as approved by the Planning and Public Works Directors.

l.

Regular Spaces. At least fifty (50%) percent of the provided parking spaces shall be not less than eight and one-half (8½′) feet wide by eighteen (18′) feet long exclusive of access driveways and backup areas. The parking space length shall be increased to twenty-one (21′) feet for parallel spaces. Trees, bollards, poles or other obstructions shall not encroach into these dimensions.

m.

Compact Spaces. A maximum of fifty (50%) percent of the provided parking spaces may be compact car spaces, at least seven and one-half (7½′) feet wide by fifteen (15′) feet long. When more than three (3)

compact spaces are provided immediately adjacent to one another, spaces shall be not less than eight (8′) feet wide. All compact spaces shall be clearly marked "COMPACT." The parking space length shall be increased to eighteen (18′) feet for parallel spaces. Trees, bollards, poles, or other obstructions shall not encroach into these dimensions.

n.

Backup Area. Minimum backup areas for parking spaces shall be as listed below. When standard and compact spaces share the same backup area, the backup depth for standard spaces shall be utilized.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

The occupancy of any structure for adult entertainment activities shall conform to the provisions of this section, and all other applicable sections of this Article.

(Ord. No. 1849 N.S.)

30-9.2 - Definitions.

As used in this section:

Adult book store shall mean an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas, (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.

Adult cabaret shall mean an establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

Adult entertainment activity shall mean an adult book store, adult motion picture theater, peep show, adult cabaret, pool or billiard establishment, amusement hall or fortune-telling establishment.

Adult motion picture theater shall mean an enclosed building or drive-in theater used for presenting material distinguished or relating to specified sexual activities or specified anatomical areas, (as defined below) for observation by patrons therein.

Amusement hall shall mean an establishment in which more than five (5%) percent of the net floor area is devoted to pool tables, coin-operated movie projectors, or similar machines operated by an attendant, excluding pinball machines, video games and other game machines as defined in subsection 30-10.2.

Net floor area shall mean floor area devoted to or capable of being devoted to a lawful permitted or conditional use or uses and related accessory use(s), excluding walls, parking and loading spaces and areas, hallways, stairways, storage areas, bathrooms and mechanical equipment areas necessary for maintenance of the building.

Specified anatomical areas shall mean:

a.

Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock, and (c) female breast below a point immediately above the top of the areola; and

b.

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified sexual activities shall mean:

a.

Human genitals in a state of sex stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy;

c.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Peep show shall mean a building used for the same purpose as outlined above, but in which movies are shown in individual cubicles or booths by separate coin-operated movie projectors.

Massage establishment is defined in subsection 6-46.2 of the Alameda Municipal Code.

(Ord. No. 1849 N.S.; Ord. No. 2150 N.S.; Ord. No. 2290 N.S.; Ord. No. 2330 N.S.; Ord. No. 2454 § 1; Ord. No. 2920 N.S. § 25)

(Ord. No. 3047 N.S., § 3, 6-6-2012)

30-9.3 - Permitted in C-2 Districts With Conditional Use Approval.

Adult entertainment activities are permitted in C-2 and less restrictive districts, with or without PD overlays, subject, except for adult book stores and theaters, to compliance with the conditional use requirements of subsection 30-21.3 of this chapter.

(Ord. No. 1849 N.S.; Ord. No. 2316 N.S.; Ord. No. 2454 N.S. § 1)

30-9.4 - Not Permitted in Certain Areas.

Adult entertainment activities are not permitted within five hundred (500') feet of any area zoned for residential use or within one thousand (1,000') feet of the same type of adult entertainment activity.

(Ord. No. 1849 N.S.; Ord. No. 2316 N.S.; Ord. No. 2454 § 1)

30-9.5 - Visibility.

Adult entertainment activities shall not be displayed so that specified sexual activities or specified anatomical areas are visible from public places.

(Ord. No. 2316 N.S.)

Within one (1) year after the effective date of this section* all nonconforming adult book stores, adult motion picture theaters, peep shows, and cabarets shall be discontinued or made to conform, except that such activities may continue for up to an additional two (2) years upon the granting of a conditional use permit pursuant to subsection 30-21.3 of this article, except that the Planning Board must find, in lieu of the requirements of subsection 30-21.3, that the use, if conditioned, would not create a public nuisance and that the activity is either obligated by written lease of the premises exceeding one (1) year of the effective date of this section,* or that the activity involves investment of money in leasehold or other improvements such that a longer period is necessary to prevent undue financial hardship.

(Ord. No. 1849 N.S.; Ord. No. 2316 N.S.; Ord. No. 2454 N.S., § 1)

(Ord. No. 3047 N.S., § 4, 6-6-2012)

*Editor's Note: As amended by Ordinance No. 2316 N.S., effective February 20, 1987.

This section regulates the installation of satellite dish antennas in all zoning districts within the City.

(Ord. No. 2511 N.S. § 11-14J1)

The installation of satellite dish antennas and equipment can, unless controlled, affect the aesthetic and safety values of residential, commercial and industrial areas. Therefore, the installation of these antennas and equipment is regulated to result in locations which are least visible from public rights-of-way and adjacent properties and to provide minimum installation standards, while preserving a customer's right to receive usable satellite signals.

(Ord. No. 2511 N.S. § 11-14J2)

As used in this section:

Satellite dish antenna shall mean a dish-shaped device designed to receive television signals transmitted from orbiting satellites, as well as all supporting equipment necessary to install or mount the antenna.

Usable satellite signals shall mean satellite signals, from the major communications satellites that, when viewed on a conventional television set, are at least equal in picture quality to those received from local commercial television stations or by way of cable television.

(Ord. No. 2511 N.S. § 11-14J3)

a.

Number. No more than one (1) satellite dish antenna shall be permitted per parcel unless a satellite dish antenna permit is obtained.

b.

Signage. No signage of any kind shall be posted or displayed on any satellite dish antenna.

c.

Color. All satellite dish antennas not screened shall be painted with as unobtrusive a color as possible given the location.

d.

Location. In residential zoning districts, no portion of any satellite dish antenna may be located in any required yard set back. In nonresidential zoning districts, no portion of any satellite dish antenna may be

located within twenty (20′) feet of the front property line, or within ten (10′) feet of the street side property line on a corner lot, or within fifteen (15′) feet of a residential zoning district.

e.

Height. Satellite dish antennas may not exceed twenty (20′) feet in height, at the point of highest projection from the ground.

f.

Wiring. All electrical and antenna wiring shall be placed underground or otherwise screened from view.

g.

Permanent Mounting. All satellite dish antennas shall be permanently mounted in a secure wind-resistant manner. No antenna may be installed on a portable or movable structure located on any public rights-ofway. Antennas shall be adequately grounded for protection against a direct strike of lightning.

h.

Permits. Satellite dish antennas may only be installed after issuance of a building permit and any required satellite dish antenna permit.

i.

Exceptions. In the event that reception of satellite signals would be unreasonably limited by the above standards, exceptions shall be permitted provided that a satellite dish antenna permit is obtained from the Planning Director in accordance with the standards set forth in this section. In reviewing satellite dish antenna permit applications, the following criteria shall be considered:

1.

Satellite dish antennas shall be located to minimize visual impacts and noise on adjacent properties.

2.

Ground-mounted locations shall be assumed to have less visual impact on adjacent properties than roofmounted locations unless specific findings are made to the contrary.

3.

If a satellite dish antenna is located on a roof, the roof over the rear one-half (½) of the building shall be assumed to have less visual impact on adjacent properties unless specific findings are made to the contrary.

j.

Planned Developments. Satellite dish antennas may be permitted in Planned Developments, pursuant to the provisions of this section, without obtaining a Planned Development or Planned Development Amendment approval, unless installation of the antenna would involve significant alteration to existing

structures or landscaping. If significant alterations to existing structures or landscaping is required, a Planned Development Amendment is required.

(Ord. No. 2511 N.S. § 11-14J4)

The City shall not withhold building permits or satellite dish antenna permits, or place conditions on the permit approvals, if such actions:

a.

Will result in unreasonable limitations on, or unreasonably prevent, reception of satellite delivered or received signals;

b.

Will involve costs which would be excessive in light of the purchase and installation costs of the antenna; or

c.

Are not necessary to achieve the objectives of this section.

(Ord. No. 2511 N.S. § 11-14J5)

Fees for satellite dish antenna building permits shall be the same as for any other type of construction requiring this permit. The fee for satellite dish antenna permits shall be the same as a Minor Design Review.

(Ord. No. 2652 N.S. § 2: Ord. No. 2511 N.S. § 11-14J6)

Satellite dish antennas in existence as of the effective date of this section shall be considered legal. Nonconforming satellite dish antennas may be enlarged, expanded or relocated only if the satellite dish antennas are brought into compliance with the provisions of this chapter.

Owners of satellite dish antennas which were installed prior to the effective date of this section may register the existence and location of the satellite dish antenna with the Planning Department. Owners failing to register a nonconforming satellite dish antenna with the Planning Department shall have the burden of proof to establish that the satellite dish antenna was in existence as of the effective date of this section.*

(Ord. No. 2511 § 11-14J7)

*Editor's Note—Ordinance No. 2511 N.S. from which this section derives, was adopted November 18, 1990.

30-15 - WORK/LIVE STUDIOS.

The intent of this section is to set forth regulations and standards for establishing and operating work/live studios as a primary commercial/industrial use, in which the proprietor would be allowed to reside as a secondary land use activity. The purposes of these provisions for work/live studios are:

a.

To provide for and make feasible the reuse of existing commercial or industrial buildings and related sites in the Northern Waterfront and other specified commercial, manufacturing, and industrial zoning districts as proposed in the Alameda General Plan;

b.

To provide cost-efficient alternative work space that will provide an incentive for entrepreneurs, business owners, artists, artisans, and other individuals to continue to work in Alameda and contribute to the City's economy;

c.

To reduce traffic and associated adverse impacts on air quality, energy resources, and the quality of life in the City by reducing the number and length of work-related trips by employed Alameda residents;

d.

To promote the preservation and reuse of commercial or industrial buildings that contribute to the historic character of the community in a manner that is consistent with other community goals and policies;

e.

To allow activities that are compatible with and will not compromise or interfere with existing and potential industrial or commercial uses in the districts where such work/live studios are established;

f.

To ensure that work/live studios will function predominantly as work spaces with incidental residential accommodations that meet basic habitability requirements in compliance with applicable regulations. No portion of any work/live studio shall be considered a "dwelling" as that term is defined in Sections 30-2 and 30-51.1;

g.

To ensure that the exterior design of structures converted to work/live use reflects the predominant industrial or commercial character of such buildings and will be compatible with adjacent commercial or industrial uses;

h.

To ensure that, where there is adjacent residentially zoned land, changes to the exterior of structures converted to work/live are designed to make the commercial or industrial building being converted more compatible with the adjacent residential area.

(Ord. No. 2784 N.S. § 6)

(Ord. No. 3255 N.S., § 7, 11-19-2019)

Work/live studios are only allowed subject to the approval of a use permit in the C-M (CommercialManufacturing), M-1 (Intermediate Industrial [Manufacturing]), C-C (Community Commercial), C-1 (Neighborhood Business), C-2 (Central Business), M-X (Mixed Use Planned Development), and M-2 (General Industrial [Manufacturing]) Zoning Districts, and within certain subareas as regulated under the Alameda Point (Section 30-4.24) and North Park Street District (Section 30-4.25) regulations.

(Ord. No. 2784 N.S. § 6)

(Ord. No. 3255 N.S., § 7, 11-19-2019)

The following definitions shall be applicable in this article:

a.

Living space shall mean that portion of a work/live studio that is used for residential purposes including, but not limited to, a sleeping area, a food preparation area with reasonable work space, and a full bathroom including bathing and sanitary facilities which satisfy the provisions of applicable codes.

b.

Work/live studio shall mean a commercial or industrial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building primarily designed and used for industrial or commercial occupancy and providing:

1.

Adequate working space reserved for commercial or industrial use and regularly used for such purpose by one (1) or more persons residing in the studio;

2.

Living space as defined in subsection 30-15.3a and in accordance with the provisions of this section.

c.

Adjacent shall mean that properties share a common property boundary or are directly across a street right-of-way.

(Ord. No. 2784 N.S. § 6)

(Ord. No. 3255 N.S., § 7, 11-19-2019)

a.

Minimum Floor Area. Each work/live studio shall include at least five hundred (500) square feet of gross floor area.

b.

Maximum Permitted Living Space Area. Not more than thirty (30%) percent or four hundred (400) square feet, whichever is less, of the work/live studio shall be reserved for living space as defined in Section 3015.3. The rest of the gross floor area of each work/live studio shall be reserved and regularly used for working space.

c.

Separation Required. Each work/live studio shall be separated from other work/live studios or other uses in the building. Access to each work/live studio shall be provided from common access areas, common halls or corridors, or directly from the exterior of the building.

d.

Parking. Each work/live studio shall have a maximum of one and one-half (1½) parking spaces subject to compliance with all other applicable requirements of Section 30-7.

(Ord. No. 2784 N.S. § 6)

(Ord. No. 3255 N.S., § 7, 11-19-2019)

a.

Use Permit Required. Each building that contains work/live studios shall be subject to a use permit, which shall include conditions of approval as required to assure adequate standards of health, safety, and welfare and consistency with the purposes for work/live studios set forth in this chapter. Each work/live studio shall be subject to all conditions of approval for the building in which it exists unless the use permit states otherwise.

b.

Work/Live Permit Required. Each tenant or owner of an individual work/live studio must obtain a work/live permit prior to occupancy. Such permit shall be issued by the Planning Director based on a determination that the proposed occupancy is consistent with the approved use permit and all applicable requirements of this section. Application for a work/live permit shall be made to the Planning Department in writing on a form approved by the Department and shall be accompanied by a fee as set by resolution of the City Council.

c.

Design of Work/Live Studios. Subject to all applicable building and fire code requirements:

1.

Work/live studios shall be designed to accommodate commercial or industrial uses conforming to the Group B occupancy classification under the California Building Standards Code and as evidenced by the provision of ventilation, interior storage, flooring, and other physical improvements of the type commonly found in exclusively commercial or industrial facilities used for the same work activity; and

2.

Areas within a work/live studio that are designated as living space shall be an integral part of the work/live studio and not separated from the work space, except that mezzanines and lofts may be used as living space subject to compliance with other provisions of this Article. Examples of ways to integrate the work space and living space in compliance with this section include, but are not limited to, the following:

(a)

Doors or solid walls between the work space and areas used for living space do not extend all the way to the ceiling, except for sanitary facilities and rooms used primarily for sleeping,

(b)

There is a single entrance to the work/live studio,

(c)

There are no walls separating the food preparation area from the work space,

(d)

Only the sanitary facilities and rooms designated for sleeping are enclosed and all other portions of the living area are not separated from the work space.

d.

Permitted Work Activity. The work activity in a building where work/live units are allowed shall be any use permitted by right or use permit in the zoning district, except that, in order to protect the health and safety of persons who reside in a work/live studio or in a building which contains one (1) or more work/live studios, no work activity shall be permitted nor shall any work/live studio be established on any site that contains those uses which the Planning Director when considering a work/live permit or the Planning Board when considering a use permit, finds would, by virtue of size, intensity, number of employees or the nature of the operation, have the potential to create significant impacts by reason of dust, glare, heat, noise, noxious gases, odor, smoke, traffic, vibration or other impacts, or would be hazardous by way of materials, process, product or wastes including, but not limited to: Auto service/repair, vehicle sales or leasing, car washes, service stations, bars/lounges/night clubs, adult businesses, marine engine repair/refueling facilities, animal kennels/grooming/pet shops, liquor stores, veterinary offices/hospitals, funeral parlors/mortuaries, outdoor storage as a primary use, crematories/columbaria, dismantling facilities/scrap yards, public utility structures and facilities, tire sales/service, truck stops/repair.

Uses allowed under the foregoing paragraph that may, depending on how they are operated, also have the potential to generate impacts or would constitute a change in occupancy under the building code shall not be approved unless the Planning Director finds that as proposed to be conducted, or as modified by conditions of use permit, they would not conflict with or adversely affect existing work uses in the building and in the area where the work/live studio is located. No use shall be approved where, given the design or proposed design of the work/live studio, there would be the potential for adverse health impacts from the proposed use on the people residing in the studio. An example of a potential health impact is the potential for food contamination from uses which generate airborne particulates in a studio with an unenclosed kitchen.

e.

Rental and Sale Limitations.

1.

No work/live studio, or any portion thereof, shall be sold as an individual unit.

2.

No portion of a work/live studio may be separately rented or sold as a commercial space for a person or persons not living in the premises or as a residential space for a person or persons not working in the same studio.

3.

The restrictions shall be binding upon any successor in ownership of the property and lack of compliance shall result in legal action against the property owner.

f.

Lease Agreements. The property owner or manager of the property shall ensure that all work/live studio leases include provisions requiring maintenance of a valid Work/Live Permit and valid business license.

g.

Business License Required. At least one (1) occupant of each work/live studio shall maintain a current City of Alameda business license for a business located in that studio.

h.

Mixed Occupancies. If a building contains mixed occupancies of work/live studios and other nonresidential uses, occupancies other than work/live shall meet all applicable requirements for those uses, and proper occupancy separations shall be provided between the work/live studios and other occupancies, as determined by the Building Official.

i.

Notice to Occupants Required. The owner or developer of any building containing work/live studios shall provide written notice to all work/live occupants and users that the surrounding area may be subject to

levels of noise, dust, fumes, or other effects associated with commercial and industrial uses at higher levels than would be expected in residential areas. State and Federal health regulations notwithstanding, noise and other standards shall be those applicable to commercial or industrial properties in the district where the project is located. For purposes of noise control, work/live studios shall be classified as commercial property under Table II in Section 4-10.4 of the Alameda Municipal Code.

j.

Change of Use From Work/Live Studio. No work/live studio shall be changed to exclusively residential use in any building where residential use is not permitted. The conversion of an existing work/live studio to exclusively residential or nonresidential use is permitted with a Conditional Use Permit amendment and when the conversion meets all other applicable Alameda Municipal Code requirements for the proposed use. Such a change shall be subject to all applicable requirements for the district where the proposed dwelling unit is located.

k.

Increase in Residential Use. No work/live studio shall be changed to increase the floor area devoted to residential use without review and approval of the Planning Director. In no case shall the floor area devoted to residential use be increased to more than four hundred (400) square feet or thirty (30%) percent of the gross floor area of the unit, whichever is less.

l.

Additions to Building Envelope. All changes to the exterior of work/live structures shall comply with the purposes set out in subsections 30-15.1g. and h. and with the required finding set out in subsection 3015.6d.

m.

Deed Restriction Required. Prior to the City issuing a building permit for any work/live studio, the property owner shall file with the county recorder a declaration of restrictions, which has been approved by the City Attorney as to its form and content, specifying the limitations of use and operation included in the use permit and all Additional Requirements specified in this section 30-15.5.

n.

Landscaping. Where a building with work/live use is adjacent to residentially-zoned land, screening landscaping shall be provided and maintained as a buffer between the work/live building and adjacent residentially-zoned land where feasible in light of building setbacks, existing and required parking and whether there is land available along the property boundary.

o.

Hazardous/Toxic Materials. A Phase I Environmental Assessment for a site proposed for work/live occupancy, including but not limited to an expanded site investigation to determine whether lead based paint and asbestos hazards exist, is required to be submitted as part of the application for a use permit. The purpose of this requirement is to assess whether there are any hazardous or toxic materials on the site

that could pose a health risk. Where the Phase I shows that there are potential health risks, a Phase 2 Environmental Assessment shall be prepared and submitted to determine if remediation may be required.

(Ord. No. 2784 N.S. § 6)

(Ord. No. 3255 N.S., § 7, 11-19-2019)

In addition to any other findings required by Section 30-21.3, the approval of any use permit required under this chapter shall require a finding that the proposed use is consistent with the purposes for work/live studios set forth in Section 30-15.1 with respect to the circumstances and conditions of the subject property. The following additional findings must also be made:

a.

The proposed or existing use of each work/live studio is a bona fide commercial or industrial activity consistent with Section 30-15.5d.;

b.

The establishment of work/live studios will not under the circumstances conflict with nor inhibit industrial or commercial uses in the area where the project is proposed;

c.

Any building containing work/live studios and each work/live studio within the building has been designed to ensure that they will function predominantly as work spaces with incidental residential accommodations meeting basic habitability requirements in compliance with applicable regulations;

d.

Any changes proposed to the exterior appearance of the building will be compatible with adjacent commercial or industrial uses where all adjacent land is zoned for commercial or industrial uses. If there is adjacent residentially-zoned land, then the proposed changes to the building shall make the commercial or industrial building being converted more compatible with the adjacent residential area.

(Ord. No. 2784 N.S. § 6)

(Ord. No. 3255 N.S., § 7, 11-19-2019)

30-16 - INCLUSIONARY HOUSING REQUIREMENTS FOR RESIDENTIAL PROJECTS

The purpose of this section is to (a) implement the goals and objectives of the Housing Element of the City of Alameda General Plan, (b) mitigate the impacts on housing affordability caused by new residential development, and (c) meet the need for housing affordable to persons of very low-, low- and moderateincome.

(Ord. No. 2926 N.S. § 1)

a.

California and the City of Alameda face a serious housing problem that threatens their economic security. Persons of very low-, low- and moderate-income are experiencing increasing difficulty in locating and maintaining adequate, safe and sanitary affordable housing. Lack of access to affordable housing has a direct impact upon the health, safety and welfare of the residents of Alameda. Alameda will not be able to contribute to the attainment of State housing goals or to retain a healthy environment without additional affordable housing. As noted in the City's Housing Element, a regional shortage of affordable housing is contributing to overpayment for housing accommodations, sometimes leading to temporary or permanent homelessness.

b.

A lack of new Inclusionary Units will have a substantial negative impact on the environment and economic climate because (i) housing will have to be built elsewhere, far from employment centers and therefore, commutes will increase, causing increased traffic and transit demand and consequent noise and air pollution, and (ii) City businesses will find it more difficult to attract and retain the workers they need. Inclusionary housing policies contribute to a healthy job and housing balance by providing more affordable housing close to employment centers.

c.

Development of new market-rate housing encourages new residents to move to the City. These new residents will place demands on services provided by both public and private sectors. Some of the public and private sector employees needed to meet the needs of the new residents earn incomes only adequate to pay for affordable housing. Employees who are unable to find affordable housing in the City will be forced to commute long distances. This situation adversely impacts on their quality of life, consumes limited energy resources, increases traffic congestion and has a negative impact on air quality.

d.

Increasing the production and availability of affordable housing is problematic. Prices and rents for affordable housing remain below the level needed to attract new construction. At the same time, escalating land costs and rapidly diminishing amounts of land available for development hinder the provision of affordable housing units solely through private action. Federal and state funds for the construction of new affordable housing are insufficient to fully address the problem of affordable housing within the City.

e.

The City wishes to retain an economically balanced community, with housing available to very low-, lowand moderate-income households. The City's General Plan implements the established policy of the State of California that each community should foster an adequate supply of housing for persons at all economic levels.

f.

It is appropriate to impose some of the cost of the increased burden of providing housing for very low-, low- and moderate-income persons directly on the developers, and indirectly upon the occupiers, whose developments necessitate the need for such housing. In addition to the demands on services from such developments, new development without affordable units contributes to the shortage of affordable housing. Zoning and other ordinances concerning new housing in the City should be consistent with the community's goal to foster an adequate supply of housing for persons at all economic levels.

(Ord. No. 2926 N.S. § 1)

30-16.3 - Definitions.

As used in this section:

Affordable Rent shall mean monthly rent (including utility allowance) that does not exceed one-twelfth of thirty (30%) percent of the maximum annual income for a household of the applicable income level (Very Low-, Low- or Moderate-Income).

Affordable Housing Guidelines shall mean guidelines adopted by the City Council to specify location and design standards for Inclusionary Units.

Affordable Housing Plan shall mean a legally binding agreement between a Developer and the City to ensure that the requirements of this chapter are satisfied. The Affordable Housing Plan establishes the number and location of Affordable Units, production schedule and other standards.

Affordable Ownership Cost shall mean a sales price that results in a monthly housing cost (including mortgage, insurance, utilities, taxes, assessments and home owner association costs, if any) that does not exceed one-twelfth of thirty (30%) percent of the maximum annual income for a household of the applicable income (Very Low-, Low- or Moderate-Income).

Household shall mean one person living alone or two or more persons sharing residency whose income is considered for housing payments.

Inclusionary Unit shall mean a dwelling unit that must be offered at Affordable Rent or available at Affordable Housing Cost to Very Low-, Low- or Moderate-Income Households.

In-Lieu Fee shall mean the fee described in subsection 30-16.6a. that is paid to the City as an alternative to the production of inclusionary housing, which fee shall be used in accordance with subsection 30-16.11.

Low-Income Household shall mean a household whose annual income does not exceed the qualifying limits set for "lower income households" in Section 50079.5 of the California Health & Safety Code.

Market-Rate Unit shall mean a dwelling unit in a Residential Development that is not an Inclusionary Unit.

Moderate-Income Household shall mean a household whose annual income does not exceed the qualifying limits set for "persons and families of low-or moderate-income" in Section 50093 of the California Health & Safety Code.

Residential Development shall mean any planned development district, subdivision map, conditional use permit or other discretionary land use approval that authorizes the construction of residential dwelling units.

Very Low-Income Household shall mean a household whose annual income does not exceed the qualifying limits set for "very low income households" in Section 50105 of the California Health & Safety Code.

(Ord. No. 2926 N.S. § 1)

a.

Unit Requirement. For all Residential Developments of five (5) or more units, at least fifteen percent (15%) of the total units must be Inclusionary Units restricted for occupancy by Very Low-, Low- or ModerateIncome Households. The number of Inclusionary Units required for a particular project will be determined only once, at the time of project approval. If a change in the Residential Development design results in a change in the total number of units, the number of Inclusionary Units required will be recalculated to coincide with the final approved project.

b.

Calculation. For purposes of calculating the number of affordable units required by this subsection, any additional units authorized as a density bonus under California Government Code Section 65915(b)(1) or (b) (2) will not be counted in determining the required number of Inclusionary Units. In determining the number of whole Inclusionary Units required, any decimal fraction less than 0.5 shall be rounded down to the nearest whole number, and any decimal fraction of 0.5 or more shall be rounded up on the nearest whole number.

c.

Types of lnclusionary Units: Four percent (4%) of the total units must be restricted to occupancy by LowIncome Households; four percent (4%) of the total units must be restricted to occupancy by Very LowIncome Households; and seven percent (7%) must be restricted to occupancy by Moderate-Income Households. For Residential Developments with sixty-nine (69) or fewer total units, Inclusionary Units shall be restricted for occupancy by very low-, low- or moderate-income households in the following proportions, which are based upon the above calculations:

d.

Affordable Housing Guidelines. Inclusionary Units built under this section must conform to the Affordable Housing Guidelines adopted by the City Council.

(Ord. No. 2926 N.S. § 1)

30-16.5 - Exemptions.

The requirements of this section do not apply to:

a.

Reconstruction. The reconstruction of any structures that have been destroyed by fire, flood, earthquake or other act of nature provided that the reconstruction takes place within three (3) years of the date the structures were destroyed.

b.

Residential Developments of four (4) units or less.

c.

Residential building additions, repairs or remodels. Residential building additions, repairs or remodels; provided, that such work does not increase the number of existing dwelling units beyond four (4) units.

d.

Affordable housing projects. Residential Developments that already have more dwelling units that qualify as affordable to Very Low-, Low- and Moderate-Income Households than this section requires.

e.

Residential Developments with approved maps. Residential Developments for which a tentative map or vesting tentative map was approved, or for which a building permit was issued, prior to the effective date of the ordinance codified in this section and which continue to have unexpired permits.

(Ord. No. 2926 N.S. § 1)

30-16.6 - Alternatives.

a.

In-Lieu Fees. For Residential Developments of nine (9) or fewer units, including Inclusionary Units, the requirements of this section may be satisfied by paying an In-Lieu Fee. The fee will be set by the City Council by resolution and shall be sufficient to make up the gap between (i) the amount of development capital typically expected to be available based on the amount to be received by a developer or owner from Affordable Housing Cost or Affordable Rent, and (ii) the anticipated cost of constructing the Inclusionary Units. Fees shall be paid upon issuance of building permits for Market-Rate Units in a Residential Development. If building permits are issued for only part of a Residential Development, the fee amount shall be based only on the number of units then permitted.

b.

Off-site construction. Inclusionary Units may be constructed off-site if the Planning Board can make a finding that the purposes of this section would be better served by the construction of off- site units. In determining whether the purposes of this section would be better served by this alternative, consideration should be given as to whether the off-site units would be located in an area where, based on availability of affordable housing, the need for such units is greater than the need in the area of the proposed development.

(Ord. No. 2926 N.S. § 1)

30-16.7 - Incentive.

The City may provide the following incentive to a developer who elects to satisfy the inclusionary housing requirements of this section by producing Inclusionary Units on the site of the Residential Development:

a.

Expedited Processing. Eligibility for expedited processing of development and permit applications for the Residential Development.

(Ord. No. 2926 N.S. § 1)

30-16.8 - Compliance Procedures.

a.

Conditions to carry out the purposes of this section shall be imposed on the approval of any Residential Development to which this section pertains.

b.

As part of the application for a Residential Development, the applicant shall submit an Affordable Housing Plan demonstrating compliance with this section. The Affordable Housing Plan must include: (i) a

description of the number and size of each Market-Rate Unit and each Inclusionary Unit, including the income levels to which each Inclusionary Unit will be made affordable, (ii) a narrative describing how the plan adheres to the Affordable Housing Guidelines adopted by the City Council, and (iii) a site map, with the location of the Inclusionary Units clearly marked.

c.

The Affordable Housing Plan shall be reviewed and approved by the decision-making entity concurrently with the Residential Development in accordance with the procedures in the Alameda Municipal Code. The Affordable Housing Plan shall be made a condition of approval of the Residential Development and shall be recorded by the applicant together with any implementing regulatory agreements, resale restrictions, deeds of trust and/or similar implementing documents as a restriction on the parcel or parcels on which the Affordable Units will be constructed.

d.

The Planning Board shall review any applications requesting off-site construction within their Affordable Housing Plan. The Affordable Housing Plan shall include a site map of the off-site location, a description of the arrangements made for construction at that site and demonstration that the proposed off-site construction complies with Subsection 30-16.6b. Off-site construction may only be approved in accordance with Subsection 30-16.6b.

e.

All Inclusionary Units shall be constructed and occupied as specified in the approved Affordable Housing Plan concurrently with or prior to the construction and occupancy of Market Rate Units unless certification is obtained from the Planning and Building Director that the applicant has met, or made arrangements satisfactory to the City to meet, an alternative procedure set forth in Subsection 30-16.6. In phased Residential Developments, Inclusionary Units shall be constructed and occupied in proportion to the number of units in each phase of the Residential Development. No final inspection for occupancy for any Market-Rate Unit shall be completed for the Residential Development or for any phase of the Residential Development until the applicant has constructed the Inclusionary Units required in the approved Affordable Housing Plan for the Residential Development or for any phase of the Residential Development by Subsection 30-16.4 or completed corresponding alternative performance under Subsection 30-16.6.

(Ord. No. 2926 N.S. § 1)

30-16.9 - Requirements for Inclusionary Units.

a.

Eligibility Requirements. No Household may occupy an Inclusionary Unit unless the City or its designee has approved the Household's eligibility in accordance with City-approved policies. Each Household that occupies a rental Inclusionary Unit or purchases an owner-occupied Inclusionary Unit must occupy that unit as that Household's principal residence.

b.

Initial Sales Price of Owner-Occupied Units. The initial sales price of an owner-occupied Inclusionary Unit shall be set so that the eligible Household will pay an Affordable Ownership Cost. Resale and other restrictions on the Inclusionary Unit will be governed by the regulatory agreements, resale restrictions, deeds of trust or other recorded agreements recorded against the Inclusionary Unit as approved in the Affordable Housing Plan per Section 30-16.8.

c.

Rent of Rental Units. Rental Inclusionary Units shall be offered to eligible households at an affordable rent.

(Ord. No. 2926 N.S. § 1)

a.

Regulatory agreements, resale restrictions, deeds of trust and/or other documents acceptable to the City Manager, all consistent with the requirements of this section, shall be recorded against Inclusionary Units and Residential Developments containing Inclusionary Units. These documents shall legally restrict occupancy of Inclusionary Units to households of the income levels for which the units were designed for a minimum of fifty-nine (59) years. The forms of regulatory agreements, resale restrictions, deeds of trust and other documents authorized by this subsection, and any change in the form of any such document which materially alters any policy in the document, shall be approved by the City Manager.

b.

The resale restrictions required by Subsection a. of this section shall allow the City a right of first refusal to purchase any owner-occupied Inclusionary Unit at the maximum price which could be charged to a qualified purchaser household, at the time the owner proposes a sale.

(Ord. No. 2926 N.S. § 1)

a.

Use and Disbursement of Fees. In-Lieu Fees collected under this section shall be used in accordance with and in support of affordable housing as determined by the City Manager. Expenditures of In-Lieu Fees shall be limited to direct expenditures for capital projects or incidental non-capital expenditures related to capital projects, including but not limited to pre-development expenses, land acquisition, construction, rehabilitation, subsidization, counseling or assistance to other governmental entities, private organizations or individuals to expand affordable housing opportunities to very low-, low- and moderate-income households. Authorized expenditures also include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, predevelopment loan funds, participation leases, loans or other public/private partnership arrangements to develop affordable housing or other public/private partnership arrangements. The In-Lieu Fees may be expended for the benefit of either rental or owner-occupied housing. The In-Lieu Fees may not be used to support operations, or on-going housing services not directly related to the construction, acquisition, rehabilitation or preservation of affordable housing units.

b.

Accounting of Fees. All In-Lieu Fees shall be deposited into a segregated account and all expenditures of funds from the same shall be documented and included in an annual report that shall be made available for public inspection.

(Ord. No. 2926 N.S. § 1)

30-16.12 - Adjustments, Waivers.

a.

Adjustment. The requirements of this section may be waived, adjusted or reduced if an applicant shows that there is not a reasonable relationship between the impact of a proposed Residential Development on the demand for affordable housing in the City and the requirements of this section or that applying the requirements of this section without the requested waiver, adjustment or reduction would constitute a taking in violation of the United States or California Constitutions or be otherwise illegal. Under current law, mere economic hardship or diminution in value does not constitute an unlawful taking of property. Such a request shall be made in writing and filed with the Planning and Building Department at the time of initial submittal an application for approval of a Residential Development and/or as part of any appeal from a decision regarding such an application. The request shall state completely and in detail: (i) the requested waiver, adjustment or reduction of the requirements, (ii) the factual basis for the request, and (iii) the legal basis of this request. If the Planning Board determines that the requirements of this section lack a reasonable relationship to the impact of a proposed Residential Development on demand for affordable housing in the City or that those requirements constitute a taking in violation of the United States or California Constitutions, the requirements of this section shall be modified, adjusted or waived to the extent necessary to avoid an unconstitutional result or illegal outcome.

b.

Appeal Procedure. The applicant, a member of the public or a member of the City Council or Planning Board may appeal a determination under this ordinance within ten (10) days after the decision under Subsection 30-21.11. Appeals shall be heard pursuant to Section 30-25.

c.

Fee for Adjustment Request or Appeal. The cost of the consideration of a request for adjustment or waiver of the requirements of this section and appeal shall be borne by the applicant in an amount set forth in the Master Fee Resolution of the City Council.

(Ord. No. 2926 N.S. § 1)

This section shall not apply to residential developments in the City's Community Improvement Project Areas as long as the Community Improvement Commission adopts separate resolutions or policies pertaining to inclusionary housing requirements in such areas.

(Ord. No. 2926 N.S. § 1)

a.

Misdemeanor Violation. It shall be a misdemeanor to violate any provision of this section. Without limiting the generality of the foregoing, it shall be a misdemeanor for any person to sell or rent to another person an Inclusionary Unit under this section at a price or rent exceeding the maximum allowed under this section or

to sell or rent an Inclusionary Unit to a household not qualified under this section. It shall further be a misdemeanor for any person to provide false or materially incomplete information to the City or to a seller or lessor of an Inclusionary Unit to obtain occupancy of housing for which he or she is not eligible.

b.

Additional Enforcement Mechanisms. In addition to the penalties provided in this subsection, any violation of this section may be redressed by any enforcement mechanism, including but not limited to a civil action, described in Section 1-5, Penalty Provisions; Enforcement, of this Code.

(Ord. No. 2926 N.S. § 1)

Any nonconforming building, or any nonconforming use being conducted within a structure or upon open land may be continued, as provided in this section; except that

a.

Any nonconforming use being conducted on open land, and not incidental or accessory to a use being conducted within a structure upon the site, shall not be continued longer than two and one-half (2 ½) years from the date of nonconformity under the provisions of this article.

b.

Any nonconforming outdoor advertising sign or outdoor advertising structure may be continued for a period of not longer than five (5) years from the date of nonconformity under the provisions of this article; and

c.

If any nonconforming use is abandoned (not actively used), or voluntarily or by legal action caused to be discontinued for a period of one (1) year or more, then any subsequent use of the property shall be in conformity with the provisions of this article.

(Ord. No. 535 N.S. § 11-151; Ord. No. 1277 N.S.; Ord. No. 1343 N.S.)

If no structural alterations are made, a nonconforming use of a building may, upon approval of a use permit be changed to another nonconforming use of the same or more restricted use classification.

(Ord. No. 535 N.S. § 11-152; Ord. No. 1277 N.S.)

Nonconforming buildings, with conforming residential uses in residential zoning districts, may be reconstructed, with an equal or lesser nonconformity to the development standards of this chapter, subject to the approval process for improvements, as outlined in Section 30-37: Design Review Requirements. Such reconstruction may occur to repair damage as defined by subsection 30-20.4 of this chapter, or, as part of any duly permitted project to repair, remodel or replace an existing non-conforming structure. For reconstruction of nonconforming buildings with residential uses in residential zoning districts, the value limitations prescribed by subsection 30-20.4 do not apply.

(Ord. No. 2943 N.S. § 17)

30-20.4 - Changes to and Restoration of Nonconforming Buildings and Uses.

Notwithstanding the provisions in subsection 30-20.3 of this chapter to allow reconstruction of nonconforming buildings with residential uses in residential zoning districts, the following regulations apply to nonconforming uses and buildings:

a.

Changes Permitted. No nonconforming building or use shall be enlarged, extended, reconstructed or structurally altered, unless it is changed to conform to the regulations specified by this section, provided that routine maintenance and repairs required by applicable health and safety codes shall be permitted in an aggregate amount during a five (5) year period of not to exceed one hundred (100%) percent of the total appraised valuation as verified by a certified appraiser selected by the City, and conducted at the property owner's expense.

b.

Restoration of Damaged Buildings. If at any time any nonconforming use or building shall be destroyed by fire, explosion, or act of God to the extent of more than seventy (70%) percent of the value thereof, then, and without further action by the City Council, the building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations of the district in which such land and/or building are located. For the purposes of this section, the value of any building shall be the estimated cost of the replacement of the building in kind, as determined by the Building Official. Where any nonconforming building shall have been destroyed less than seventy (70%) percent, as specified above, a building permit for its restoration shall be secured not later than one (1) year from the date of such destruction and the restoration shall be completed within one (1) year from the date of issuance of the building permit.

(Ord. No. 2943 N.S. § 19)

Subsection 30-20.4 notwithstanding, any damaged or destroyed structure containing three (3) or more dwelling units may be rebuilt to its existing density as provided by subsection 30-53.3.

(Ord. No. 2363 N.S.)

30-20.6 - Certification of Nonconforming Use.

a.

The owner of any land or building classified as a nonconforming use under the provisions of this section may apply to the City Planning Director for a nonconforming use certificate. Upon such application, the City Planning Director shall issue such certificate, which shall set out the name of the owner, the location of the land or building, the extent and validity of such nonconforming use, and other appropriate data regarding such use.

b.

Upon notification by the City Planning Director, the owner of any land or building classified as a nonconforming use under the provision of this section shall apply to the City Planning Director for a nonconforming use certificate. Upon such application, the City Planning Director shall issue such certificate as in paragraph a. above.

c.

Any nonconforming use certificate issued under the provisions of paragraphs a. and b. above shall become invalid upon change of use or ownership, provided, that in the event of change of ownership the City Planning Director shall, upon request of the new owner, issue a new nonconforming use certificate, and provided, further, that in the event of change of use, the City Planning Director shall issue a new nonconforming use certificate upon the City Planning Board's approval of a Use Permit under the provisions of subsection 30-20.2 of this section.

(Ord. No. 535 N.S. § 11-156; Ord. No. 1277 N.S.; Ord. No. 1374 N.S.)

Existing large format retail uses, constructed and in use prior to March, 2008, that are located in commercial, manufacturing, Planned Development or M-X zoning districts where large format retail is allowed and that comply with the development standards of the zoning district shall not be classified as nonconforming.

(Ord. No. 2979 N.S. § 14)

This article may be amended by changing the boundaries of districts, or by changing other provisions thereof by procedures set forth in this section, whenever the public necessity and convenience and the general welfare require such amendment.

(Ord. No. 535 N.S. § 11-171; Ord. No. 1277 N.S.)

Amendment of this article may be initiated by one (1) of the following methods:

a.

The petition of one (1) or more property owners affected by the proposed rezoning, which petition shall be filed with the Planning Department.

b.

The City Council on its own initiative, who shall refer its request to the Planning Board for action pursuant to this section.

c.

The Planning Board on its own initiative.

(Ord. No. 535 N.S. § 11-172; Ord. No. 1277 N.S.)

a.

The Planning Board shall within a reasonable time hold at least one (1) public hearing on any proposed amendments, and shall give notice thereof by at least one (1) publication in a newspaper of general circulation within the City at least ten (10) days prior to such hearing.

b.

If the proposed amendment includes a change of zone district boundaries or a change from one (1) zone district classification to another, additional notice shall be given by posting at least one (1) notice of the public hearing on each property involved, as shown by the Assessor's Block Book, and by postal card or

letter mailed to owners, as shown on the latest assessment roll, of all properties within the boundaries of the area to be rezoned or reclassified and within three hundred (300′) feet thereof and as many other persons as the Zoning Administrator may deem advisable. Failure to give additional notice shall not invalidate any proceedings for the amendment of this article.

c.

In the event that the number of owners to whom notice would be sent pursuant to paragraph b. is greater than one thousand (1,000), as an alterative to the notice required by paragraph b., notice may be provided by either:

1.

Placing a display advertisement of at least one-fourth (¼) page in a newspaper having general circulation within the area affected by the proposed amendment at least twice on or before ten (10) days prior to the hearing; or

2.

By placing an insert with any generalized mailing sent by the City to property owners in the area affected by the proposed amendment, such as a billing service.

(Ord. No. 535 N.S. § 11-174; Ord. No. 1277 N.S.; Ord. No. 2058 N.S.; Ord. No. 2231 N.S.)

30-22.5 - Action by the Planning Board.

At such hearings the Planning Board shall weigh:

a.

The effect of the proposed amendment on the integrity of the General Plan;

b.

The effect of the proposed amendment on the general welfare of the community; and

c.

The equitableness of the proposal.

Following the prescribed public hearings the Planning Board shall transmit recommendations to the City Council.

(Ord. No. 535 N.S. § 11-175; Ord. No. 1277 N.S.; Ord. No. 1793 N.S.)

a.

Upon receipt of maps and recommendations from the Planning Board, the City Council shall set the matter for public hearing, and shall give notice thereof by publication in a newspaper of general circulation within

the City at least ten (10) days prior to such hearing.

b.

The report and recommendation of the Board on matters referred to in this section shall be advisory only. After receipt of the report and recommendation of the Board, the City Council shall act thereon and may approve, modify or disapprove the same and may adopt an ordinance effecting such reclassification, amendment or change in such forms as it may determine. Changes in the boundaries of any district or reclassification of any lot or land may be made by ordinance referring only to the section or sections of zoning map(s) affected by such changes, or by description in the amending ordinance.

(Ord. No. 535 N.S. § 11-176; Ord. No. 1277 N.S.; Ord. No. 1793 N.S.)

Any petition for an amendment may be withdrawn upon written application of a majority of the signers of the petition. In the event public notice has been given, a retraction of the notice shall be immediately published as prescribed.

(Ord. No. 535 N.S. § 11-177; Ord. No. 1277 N.S.)

a.

All departments, officials, and public employees of the City which are vested with the duty or authority to issue permits or licenses shall issue no permit or license where the same would be in conflict with the provisions or intent of this article.

b.

It shall be the duty of the Zoning Administrator to enforce the provisions of this article.

In the prosecution of the above described duties, the Zoning Administrator or his authorized representative shall have the right to enter upon any premises or structures to make necessary inspections at any reasonable time, and in accordance with the law.

(Ord. No. 535 N.S. § 11-191; Ord. No. 1277 N.S.; Ord. No. 1635 N.S.)

Any building erected, altered, moved or maintained, and/or any use of property contrary to the provisions of this article shall be and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney shall commence action or actions, proceeding or proceedings for the abatement, removal and the enjoinment thereof in the manner provided by law, and by the Charter.

(Ord. No. 535 N.S. § 11-193; Ord. No. 1277 N.S.; Ord. No. 1635 N.S.)

Any person violating the provisions of this article shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Section 1-5 of the Alameda Municipal Code. All remedies provided for therein shall be cumulative and not exclusive.

(Ord. No. 535 N.S. § 11-194; Ord. No. 1277 N.S.)

This article shall be known and may be cited as the "City of Alameda Zoning Regulations."

(Ord. No. 535 N.S. § 11-196; Ord. No. 1277 N.S.)

30-25 - APPEALS OR CALLS FOR REVIEW.[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 3195 N.S., § 1, adopted November 7, 2017, amended § 30-25 in its entirety to read as herein set out. The former § 30-25, pertained to similar subject matter, and derived from Ord. No. 1794 N.S.; Ord. No. 1836 N.S.; Ord. No. 2025 N.S.; Ord. No. 2625 N.S.; Ord. No. 2733 N.S.; and Ord. No. 2920 N.S.

a.

Appeals. To avoid results inconsistent with the purposes of this chapter as stated in subsection 30-1.2, final decisions of the Community Development Director or Zoning Administrator may be appealed to the Planning Board and final decisions of the Planning Board, Public Art Commission, or Historical Advisory Board may be appealed to the City Council by any person aggrieved or by any officer, agency or department of the City affected by any decision, determination or requirement.

b.

Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this chapter as stated in subsection 30-1.2, final decisions of the Community Development Director or Zoning Administrator may be called up for review by a member of the Planning Board or by a member of the City Council for review by the Planning Board and final decisions of the Planning Board, Public Art Commission, or Historical Advisory Board may be called up for review by members of the City Council for review by the City Council.

(Ord. No. 3195 N.S., § 1, 11-7-2017; Ord. No. 3278 N.S., § 4, 5-5-2020)

30-25.2 - Final Decisions and Time Limits for Appeals and Calls for Review.

a.

Final Decision of the Community Development Director or Zoning Administrator. Any final decision of the Community Development Director or Zoning Administrator shall be effective on the date of the decision, unless any person aggrieved by or any officer, agency, or department of the City affected by any decision of the Community Development Director or Zoning Administrator, files a Notice of Appeal with the Community Development Department no later than ten (10) days following the decision or at least one (1) City councilmember or at least one (1) Planning Board member files a call for review with the Community Development Department no later than ten (10) days following the decision. Decisions that are appealed or called for review shall not become effective until the appeal or call for review is resolved by the Planning Board. Decisions by the Planning Board to uphold, overturn, or modify a decision of the Community Development Director or Zoning Administrator are appealable to the City Council.

b.

Final Decision of the Planning Board, Public Art Commission, or Historical Advisory Board. Any final decision of the Planning Board, Public Art Commission, or Historical Advisory Board shall be effective on the date of the decision, unless any person aggrieved by or any officer, agency, or department of the City affected by any decision of the Planning Board, Public Art Commission, or Historical Advisory Board, files a Notice of Appeal with the Community Development Department no later than ten (10) days following the decision or at least two (2) City Councilmembers file a call for review with the Community Development Department no later than ten (10) days following the decision. It shall not be necessary for the two (2) Councilmembers requesting the call for review to state the same reason for the need for the call for review. Decisions that are appealed or called for review shall not become effective until the appeal or call for review is resolved by the City Council.

c.

Final Decision of the City Council. A decision by the City Council regarding an appeal or call for review shall become final on the date of the decision subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. Any petition for judicial review is subject to the provisions of California Code of Civil Procedure Section 1094.6 after the date of the City Council's decision.

d.

End of Appeal or Call for Review Period. When the end of an appeal or call for review period falls on a weekend or a statutory holiday, the period shall continue until the first working day thereafter.

(Ord. No. 3195 N.S., § 1, 11-7-2017; Ord. No. 3278 N.S., § 4, 5-5-2020)

30-25.3 - Reserved. 30-25.4 - Initiation of Appeals and Calls for Review.

a.

Appeals of Actions of the Community Development Director or Zoning Administrator. An appeal to the Planning Board concerning final actions of a Community Development Director or the Zoning Administrator shall be filed in writing with the Community Development Department and shall be accompanied by the required fees. In filing an appeal, the appellant shall specifically state the reasons or justification for an appeal.

b.

Appeals of Actions of the Planning Board, Public Art Commission, or Historical Advisory Board. An appeal to the City Council concerning final actions of the Planning Board, Public Art Commission, or Historical Advisory Board decision shall be filed in writing with the Community Development Department and shall be accompanied by the required fees. In filing an appeal, the applicant shall specifically state the reasons or justification for an appeal.

c.

Calls for Review. A call for review shall be filed in writing with the Community Development Department and shall state the reasons or justification for the call for review. All City of Alameda costs associated with the

call for review, including staff time, technical assistance, and noticing the public hearing shall be funded by the General Fund and shall not be charged to the project applicant.

(Ord. No. 3195 N.S., § 1, 11-7-2017; Ord. No. 3278 N.S., § 4, 5-5-2020)

a.

Hearing Date. Appeals or calls for review shall be scheduled for public hearing and decision by the Planning Board or Historical Advisory Board no later than the second regularly scheduled and held meeting following submittal of the appeal or call for review. Appeals or calls for review shall be scheduled for public hearing and decision by the City Council no later than the third regularly scheduled and held meeting following submittal of the appeal or call for review. An alternative date for the hearing may be selected by mutual agreement of the original applicant, the City and appellant.

b.

Notice and Public Hearing. An appeal or call for review shall be a public hearing if the decision being appealed or reviewed required a public hearing. Notice of public hearings shall be given in the manner required for the decision being appealed.

c.

Evidence. The hearing shall be conducted as a de novo hearing. At the hearing, the Planning Board or City Council may consider the introduction of all pertinent material, including all documents constituting the administrative record.

d.

Hearing. At the hearing, any party or person may appear in person or by agent or attorney to provide testimony.

e.

Decision and Notice. The Planning Board or City Council may, so long as such action is in conformity with the terms of these regulations, reverse or affirm, in whole or in part, or may modify the order, requirement, decision, or determination of the Community Development Director or Zoning Administrator or Planning Board, Public Art Commission, or Historical Advisory Board and may make such order, requirement, decision, or determination as is appropriate.

(Ord. No. 3195 N.S., § 1, 11-7-2017)

It is the intent of the City Council in enacting this article to promote and protect the health, safety and general welfare of the City by conserving the value of property by encouraging construction of buildings which are compatible and harmonious with the decision and use of surrounding properties, and to discourage the construction of buildings which will have a deleterious effect upon, impair the occupancy of, or jeopardize the value of, such properties. At the same time it is the intent that the review and control procedures herein accommodate and stimulate a broad range of individual and creative design, so that monotony and mediocrity of construction will be avoided and owners of property are not deprived of the full, efficient and lawful use thereof.

(Ord. No. 1716 N.S.)

The City Council finds and determines that inappropriate exterior design of improvements to real property affects adversely the general welfare of residents of the City because such design gives rise to conditions in which:

a.

The maintenance, repair, replacement or improvement of surrounding properties is discouraged with resulting degeneration thereof, and there is an accompanying deterioration of conditions which affect the health, safety, comfort and general welfare of the inhabitants of the area and the inhabitants of the City at large;

b.

The most appropriate development of other properties within the vicinity is impaired;

c.

Instability of property values in the general area occurs;

d.

The desirability of other properties within the vicinity for their classified land uses is affected adversely;

e.

The proper relationship between the taxable value of said real property in the vicinity and the cost of municipal services to such properties is threatened; and

f.

The benefits of occupancy of other property within the vicinity are threatened.

(Ord. No. 1716 N.S.)

Land values and construction aesthetics are dependent upon one another if sound land use development is to be successfully promoted. The purpose of this article is to recognize such interdependence, and thereby to assist in the development of architectural standards and guidelines for all structures, buildings, and improvements to real property in the City.

(Ord. No. 1716 N.S.)

a.

Addition: For the purposes of this chapter; the creation of any new portion of a building which results in a vertical or horizontal extension of the building visible from the outside of the building.

b.

Alteration: For the purposes of this chapter, the exterior modification, including, but not limited to, an addition, removal and/or modification of windows, doors roofing, siding or visible part of foundation of any structure main or accessory structure that requires a building permit.

c.

Architectural Style: The characteristic form and detail of buildings from a particular historical period or school or architecture, e.g., Post Modern, Neo-Traditional, Spanish-Mediterranean.

d.

Building: Any enclosed structure having a roof and supported by columns or walls.

e.

Improvements: Construction of a structure, an addition, or alteration to the exterior of a structure affixed to real property, which requires a building permit.

f.

Replacement-in-Kind: Replacement of any architectural element which is identical to the original element in terms of location, size, and shape; and is made of materials that outwardly have the same dimensions, proportions, details, and textures of the original architectural element and that outwardly appear unchanged from the original architectural style. If the original design of a structure and/or element is removed or altered or if the original design elements are not known, the replacement element(s) shall be consistent with the structure's original architectural style as set forth in the City of Alameda Design Review Manual.

g.

Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. A building is a Structure for the purposes of this section.

(Ord. No. 3027 N.S., § 2, 3-1-2011)

30-37.2 - Improvements subject to Design Review and Exemptions.

a.

All improvements require Design Review approval unless specifically exempt pursuant to Section 30-37.2b.

b.

Exempt Improvements:

1.

Interior improvements;

2.

Replacement-in-kind provided that any structure being replaced is less than one thousand two hundred (1,200) square feet in size and not a main structure;

3.

Any improvement that does not require a building permit pursuant to the Building Code;

4.

Fences;

5.

Restoration of an original architectural element consistent with architectural style of structure at the time of construction or in cases where the entire architectural style of a building has been completely renovated

into a new style, the new element shall be consistent with the new architectural style as set forth in the Design Review Manual;

6.

Reroofing, when no structural alteration will take place;

7.

Any addition or improvement that meets all of the following criteria:

A.

The gross floor area of the improvement is less than one thousand two hundred (1,200) square feet;

B.

The improvement is a one (1) story accessory structure or the improvement is located on the first story as defined by the Building Code;

C.

The improvement is not located on a street facing elevation or in a street facing yard, and the improvement is in compliance with all applicable lot coverage, open space, and setback requirements of the applicable zoning district;

D.

The improvement includes exterior materials, architectural detailing, roof pitch and design, windows, and doors that are a visual match to the existing, or if the structure or element has been previously modified, original design of the structure at the time of construction;

8.

Foundation work;

9.

New or refaced signs, regulated under Section 30-6 with approved sign permits and signs that meet the requirements of an approved sign program;

10.

Green roofs and similar vegetated roof features that do not involve modifications to the roof form or roof pitch, or existing tile or slate roofs, or a historical structure;

11.

New awnings that meet all of the following criteria:

A.

Is covered in an opaque, non-glossy fade and fire resistant fabric material;

B.

Matches the alignment and shape of any existing awning on the same level of the building; if consistent with other criteria;

C.

Does do not cover transom windows or extend more than six (6") inches beyond the perimeter of a window, door or other opening;

D.

Is not placed over pilasters, columns or other prominent vertical elements;

E.

Provides a minimum of eight (8′) feet of vertical clearance for framed portions and seven (7′) feet for any unframed valances;

F.

Exhibits a slanted or, if over arched windows or individual upper floor windows, a domed shape;

G.

Is not internally illuminated; and

H.

Has all required encroachment permits.

12.

Awnings with approval by the City of Alameda Facade Improvement Program;

13.

Docks which comply with the standards of the Alameda Municipal Code;

14.

Changes to an existing parking lot provided that the lot is not visible from the public right-of-way and the number of parking spaces or the area of landscaping are not being reduced;

15.

New solar collection systems or skylights;

16.

Accessory dwelling units and junior accessory dwelling units consistent with development regulations and review processes of Section 30-5.18, Accessory Dwelling Units;

17.

Alterations to chimneys for seismic safety purposes, as determined by a licensed contractor or engineer, provided none of chimney is visible as part of an exterior wall and the chimney is not a character-defining feature on properties listed as a historic resource;

18.

Window and door improvements, including new installation, removal, relocation, or resizing of existing openings, provided the improvement:

A.

Does not alter any original or other architecturally significant character-defining features, such as stained glass, decorative arches and other special treatment;

B.

Is made of materials that outwardly have the same dimensions, proportions, details, and textures of the original architectural style of the structure and that outwardly appear unchanged from the original architectural style. If the original design of a structure and/or element is removed or altered or if the original design elements are not known, the improvement shall be consistent with the treatment of substantially altered buildings as set forth in the City of Alameda Design Review Manual.

19.

The following types of projects when in compliance with the objective zoning standards of the Alameda Municipal Code and the adopted Objective Design Review Standards:

A.

Multifamily housing developments and mixed-use developments that meet the eligibility criteria for the Streamlined Ministerial Approval Process provided by Government Code Section 65913.4.

B.

One- and two-family dwellings proposed in the R-1 District in compliance with Government Code Section 65852.21, and as adopted by local ordinance.

C.

Transitional and supportive housing developments.

D.

Low barrier navigation centers, as defined by Government Code Section 65660.

E.

Any other project for which State law limits local jurisdictions' review of design to compliance with objective standards.

(Ord. No. 3027 N.S., § 2, 3-1-2011; Ord. No. 3168 N.S., § 6, 11-15-2016; Ord. No. 3184 N.S., § 13, 7-52017; Ord. No. 3255 N.S., § 3, 11-19-2019; Ord. No. 3333 N.S., § 6, 12-6-2022)

a.

Any person or entity proposing to construct or locate within the City any improvement subject to Design Review, shall file an application for review of the project.

b.

The form of the Design Review applications shall be as required by the Design Review Staff, and shall be accompanied by architectural and site development drawings, drawn to scale and shall include all information specified in the application form.

c.

Design Review Staff may require additional information from applicants which is pertinent to the application necessary to evaluate the project.

(Ord. No. 3027 N.S., § 2, 3-1-2011)

30-37.4 - Reserved. 30-37.5 - Findings.

To grant Design Review approval, the following findings must be made:

a.

The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.

b.

The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses; and

c.

The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development.

(Ord. No. 3027 N.S., § 2, 3-1-2011)

Design Review approval shall expire three (3) years from the initial date of approval unless substantial construction has commenced under valid permits. Design Review approval may be extended by the Planning Director upon application for up to two (2) additional years from the date of expiration.

(Ord. No. 3027 N.S., § 2, 3-1-2011; Ord. No. 3168, § 7, 11-15-2016; Ord. No. 3333 N.S., § 6, 12-6-2022)

The City of Alameda finds that:

a.

The people of the State of California have an interest in meeting the future water requirements of the State of California;

b.

Conservation of available water resources requires the maximum reuse of water for beneficial uses;

c.

Continued use of potable water for irrigation of greenbelt areas and for other uses which require large amounts of water where the use of recycled water is suitable may be an unreasonable use of such water where recycled water is available; and

d.

The purpose of this section is to encourage development of water reuse projects when they are feasible and consistent with applicable legal, public health, safety, and environmental requirements, to establish procedures and work through joint effort with EBMUD to facilitate the reuse of water.

(Ord. No. 2876 N.S. § 1)

30-57.4 - Designation of Water Reuse Areas.

a.

Certain areas may be designated by EBMUD as designated water reuse areas within the City ( "EBMUD Designated Water Reuse Area"). EBMUD is required to notify the City of the areas eligible to receive recycled water and the necessary infrastructure EBMUD will provide to support delivery of the recycled water. The EBMUD Designated Water Reuse Area shall be the "City-Designated Water Reuse Area", unless the City Council acts to adopt specific areas within the EBMUD Designated Water Reuse Area to be the City-Designated Water Reuse Area.

b.

The City shall maintain a copy of the boundary descriptions for the City-Designated Water Reuse Areas on file with the Public Works Department.

(Ord. No. 2876 N.S. § 1)

New industrial, commercial or residential subdivisions that are within the City-Designated Water Reuse Area for which a tentative map or parcel map is required, shall use recycled water provided by EBMUD, and have a separate plumbing system to serve recycled water uses in the common areas of the subdivision, including, but not limited to, golf courses, parks, greenbelts, and landscaped medians. This system must be independent of the provided plumbing system serving the domestic, residential, and other potable uses in the subdivision.

(Ord. No. 2876 N.S. § 1)

In the event that EBMUD proposes that a private utility or public agency retail water supplier supplies recycled water to a particular area in the City, there must be a written agreement between the water supplier and EBMUD in order for the recycled water service to be provided. The written agreement shall be provided to the City in a timely manner by EBMUD.

(Ord. No. 2876 N.S. § 1)

The City Engineer or his/her designee may exempt new industrial, commercial or residential subdivisions from the requirements of this section if he/she finds that there is an alternative higher or better use for recycled water, the use is not economically justified, or its use is technically infeasible. If the City Engineer or his/her designee determines that it is appropriate to exempt the subdivision from the ordinance codified in this section, the City Engineer shall notify the Planning Board and City Council of this decision.

(Ord. No. 2876 N.S. § 1; Ord. No. 2907 N.S. § 1)

ARTICLE IV. - BAY-FRIENDLY AND WATER EFFICIENT LANDSCAPE ORDINANCE[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 3153 N.S., § 1, adopted June 7, 2016, in effect repealed the former Article IV, §§ 30-58—30-58.2 and 30-59—30-59.3, and enacted a new Article IV as set out herein. The former Article IV pertained to water: conservation landscaping and derived from Ordinance No. 2389 N.S; Ord. No. 2574 N.S. and Ord. No. 3049 N.S., adopted June 26, 2012

30-58.1 - Purpose.

The purpose of this article shall be to:

a.

Promote quality, water-efficient landscaping, while recognizing Alameda's unique climate, soil conditions, and development patterns.

b.

Support Municipal Utilities District (EBMUD) in its efforts to promote and implement water conservation measures.

c.

Implement the most recently adopted State MWELO (California Code of Regulations, Title 23, Division 2, Chapter 2.7).

d.

Establish standards for sustainable landscape practices in accord with the current version of the StopWaste.Org Bay Friendly Landscape protocols.

e.

Divert plant debris from landfills.

f.

Promote the use of greywater systems.

g.

Discourage the planting of invasive plants.

(Ord. No. 3153 N.S., § 1, 6-7-2016)

The State of California MWELO (California Code of Regulations, Title 23, Division 2, Chapter 2.7), is incorporated into this Article by reference and shall be implemented by the City of Alameda. In addition the following provisions shall apply.

(Ord. No. 3153 N.S., § 1, 6-7-2016)

In addition to the definitions listed in this section, all definitions in the State MWELO shall apply (California Code of Regulations, Title 23, Div. 2, Section 491).

a.

Bay-Friendly Landscape Guidelines means the most recent version of guidelines developed by StopWaste.Org for use in the professional design, construction and maintenance of landscapes. City staff shall maintain the most recent version of the Bay-Friendly Landscape Guidelines at all times.

b.

Bay-Friendly Landscaping scorecard means the most recent version of the Bay-Friendly Landscaping points system developed by StopWaste.Org. City staff shall maintain the most recent version of the BayFriendly Landscaping scorecard in the planning and building department at all times.

c.

Covered project means:

1.

New projects with an aggregate of five hundred (500) square feet or more of landscaped area;

2.

Projects with rehabilitated landscape areas over twenty-five hundred (2,500) square feet.

d.

Landscape Documentation Package Checklist means a list of the required submittal materials for review of a Landscape Document Package. City staff shall maintain the Landscape Documentation Checklist to ensure compliance with the state's most recently adopted MWELO.

e.

Renovation means any change, addition or modification to an existing landscape.

f.

Standard Landscaping Conditions of Approval means a list of standard conditions of approval that ensure a project's compliance with the state's most recently adopted MWELO. City staff shall maintain the Standard Landscaping Conditions of Approval to ensure compliance with the most recently adopted MWELO.

(Ord. No. 3153 N.S., § 1, 6-7-2016)

a.

The provisions of the State of California MWELO (California Code of Regulations, Title 23, Division 2, Chapter 2.7), shall be implemented by the City of Alameda.

b.

For all covered projects that require the approval of a building permit, plan check or design review, the applicant/developer shall:

1.

Submit a Landscape Document Package compliant with the most recent version of the Landscape Document Package Checklist, on file with the Community Development Department;

2.

Record the date of approval of the Landscape Document Package in the Certificate of Completion;

3.

Upon approval of the Landscape Document Package, submit a copy of the Water Efficient Landscape Worksheet to EBMUD;

4.

Be subject to the Standard Landscape Conditions of Approval and most recently adopted Bay-Friendly Landscaping Guidelines;

5.

Submit a Certificate of Completion upon approval of the Landscape Document Package and issuance of permits.

c.

The provisions of this section shall not apply to:

1.

Registered local, state or federal historical sites;

2.

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

3.

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

d.

Landscape plans for covered projects with landscaped areas less than two thousand five hundred (2,500) square feet in size, may either comply with the provisions of Section 30-58.1(a) above, or conform to the prescriptive measures of Appendix D of the Landscape Document Package Checklist.

e.

For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than two thousand five hundred (2,500) square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix B condition (4) of the most recently adopted Landscape Document Package Checklist.

f.

All covered projects are required to divert (reuse or recycle) one hundred (100%) percent of excavated soil and plant and land clearing debris.

g.

Plants located adjacent to buildings, sidewalks, roads or other obstructions shall be installed to accommodate their minimum spread, according to a published third-party reference.

h.

Plant species considered invasive by the California Invasive Plant Council shall not be installed.

i.

All covered projects that are either owned or maintained by the City or developed as a public-private partnership that equals or exceeds one hundred thousand ($100,000.00) dollars (in 2009 dollars) in construction costs and adjusted annually to reflect changes in the San Francisco Bay Area Construction Cost Index published in Engineering News Record Magazine initiated on or after the effective date of this chapter shall meet the most recent minimum Bay-Friendly Landscape scorecard.

(Ord. No. 3153 N.S., § 1, 6-7-2016)

ARTICLE V. - RESERVED ARTICLE VI. - SUBDIVISION REGULATIONS[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 3369 N.S., adopted May 7, 2024, repealed the former art. VI, §§ 30-73—30-88, and enacted a new art. VI as set out herein. The former art. VI pertained to real estate subdivision regulations and derived from Ord. No. 1728 N.S.; Ord. No. 1783 N.S.; Ord. No. 1835 N.S; Ord. No. 1850 N.S.; Ord. No. 1902 N.S.; Ord. No. 1931 Exh. A No.'s 8, 9 and 10; Ord. No. 2051 N.S.; Ord. No. 2077 N.S.; Ord. No. 2200 N.S.; Ord. No. 2374 N.S.; Ord. No. 2378 N.S.; Ord. No. 2434 N.S. § 1; Ord. No. 2579 N.S. §§ 5, 8; Ord. No. 2652 N.S. § 5; Ord. No. 2842 N.S. § 1; Ord. No. 3255 N.S., § 8, adopted November 19, 2019.

A tentative tract map and final map shall be required for all divisions of land creating five (5) or more parcels, five (5) or more condominiums as defined in California Civil Code Section 783, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where any one (1) of the following occurs:

a.

The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body.

b.

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway.

c.

The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths.

d.

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section.

e.

The land is being subdivided solely for the creation of an environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

f.

A parcel map shall be required for the subdivisions described in subsections a. through e. of this section unless the parcel map is waived by the Planning Director in accordance with Section 30-80 Waiver of Parcel Map.

(Ord. No. 3369 N.S., 5-7-2024)

All tentative map applications shall be filed with the Planning Director. The form and contents of the tentative map and the number of copies required for the application shall be prescribed by the Planning Director and in accordance with the application submittal requirements for tentative maps in this Section.

The Planning Director may authorize exceptions to map requirements on the determination that the map contains sufficient information to be evaluated adequately.

(Ord. No. 3369 N.S., 5-7-2024)

a.

General: A tentative map shall be based upon a field survey made in conformity with the Land Surveyors Act, shall be prepared by or under the direction of a land surveyor or a civil engineer registered in the State of California who is authorized to perform land surveying, shall be legibly drawn, shall include a description of the real property being subdivided and the names, addresses, telephone numbers, and email addresses of the persons preparing and filing the map, and shall conform to the requirements of this section and the Subdivision Map Act.

b.

Map Sheets: The size of each sheet shall be eighteen (18") inches by twenty-six (26") inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one (1") inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this. The number of each sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. The subdivision number shall be shown on each sheet. One (1) or more reduced sets of the map sheets may also be required to be submitted, as specified by the Planning Director.

c.

Scale, North Arrow and Basis of Bearings: Each sheet shall include a scale and north arrow, and the basis of bearings shall be shown on at least one (1) sheet based on previously recorded final maps, parcel maps, or records of survey in the vicinity of the site. The basis of bearings shall be approved by the City Engineer.

d.

Boundaries and Monuments: The exterior boundaries of the land included within the subdivision shall be clearly indicated by distinctive symbols. The map shall show the definite location of the subdivision, and its relation to surrounding surveys. City boundaries that cross or join the subdivision shall be clearly designated. The location of all existing and proposed monuments shall be shown based on the required survey. The map shall include a sufficient legal description, including all bearings, tract and lot identification, and distances, of the land as to define the boundaries of the area to be divided, including and describing all monuments found or set. The engineer or surveyor shall set sufficient durable monuments to conform to the standards described in California Business and Professions Code Section 8771 so that another engineer or surveyor may readily retrace the survey.

e.

Linear, Angular and Radial Data: Sufficient linear, angular and radial data shall be shown to determine the bearings and lengths of monument lines, street centerlines, the boundary lines of the subdivision, the

boundary lines on every lot and parcel which is a part of the subdivision, and ties to existing monuments used to establish the boundary. Bearing and distance of all straight lines, and arc length, radius, total central angle and radial bearings of all curves shall be shown. Ditto marks shall not be used in the dimensions and data shown on the map.

f.

Parcels: The location of each parcel shall be shown, including the exact layout, bearings, dimensions and area of each parcel. New lot lines shall be shown as solid lines, and original lot lines shall be dashed lines. Each parcel shall be numbered or otherwise designated. Each parcel must be shown completely on one (1) sheet; if more than one (1) sheet is required to show a parcel, the first sheet shall contain a small-scale, undimensioned map of the entire parcel. The location of any remainder of the original parcel shall be shown, but if such remainder has a gross area of five (5) acres or more, then it need not be shown as a matter of survey, but only by reference to the existing record boundaries of such remainder. Lot size and width shall be in conformance with the requirements of the applicable zoning district.

g.

Streets: The locations, names, and widths from curb to curb and for the total right-of-way of all existing adjacent streets and the width of all proposed streets within the subdivision shall be shown. Each proposed street shall be named or otherwise designated, and a cross-sectional drawing including total right-of-way, travel lanes, parking lanes, bike lanes, sidewalks, planting strips and other features of each shall be provided on the map.

h.

Easements: The widths and locations of all existing and proposed easements for drainage, sewers, and public utilities shall be shown. Easements for roads or streets, paths, stormwater drainage, sanitary sewers, emergency vehicle access lanes, or other public use as may be required, shall be dedicated to the public for acceptance by the City or other public agency, and the use shall be specified on the map.

1.

All easements of record shall be shown on the map, together with the name of the grantee and sufficient recording data to identify the conveyance, such as the County Recorder's serial number and date, or book and page of official records.

2.

Easements not disclosed by the records in the office of the County Recorder and found by the surveyor or engineer to be existing shall be specifically designated on the map, identifying the apparent dominant tenements for which the easement was created.

3.

The sidelines of all easements of record shall be shown by dashed lines on the final map with the widths, lengths and bearings of record. The width and location of all easements shall be approved by the City Engineer.

i.

Buildings and Improvements: The location of buildings and improvements and their relationship to the existing and proposed lot lines shall be shown, along with preliminary grading, drainage, utility and similar plans.

j.

Adjoining Properties: All adjoining property shall be identified by subdivision number, or name when not identified by official number, and by reference to the book and page number of the filed map showing such subdivision. If no such subdivision is adjacent, the adjoining property shall be identified by the name of the owner and by reference to the recorded deed by book and page number for the last recorded owner of such adjacent property.

k.

Owners' Consent: The tentative map shall indicate the names and mailing addresses of all parties having any record title interest in the real property to be subdivided, and shall include a certificate, signed and acknowledged by all such parties, consenting to the preparation and recordation of the final map, except as provided in Section 66436 of the Subdivision Map Act.

(Ord. No. 3369 N.S., 5-7-2024)

30-76.4 - Tentative Map Accompanying Data and Reports.

The tentative map shall be accompanied by the following data and reports as may be required by the Planning Director or City Engineer:

a.

Title Report: A preliminary title report showing the legal owners at the time of filing the tentative map shall be submitted with the tentative map.

b.

Soils Report: A preliminary soils investigation and report prepared by a registered civil engineer shall be required for every subdivision. The report shall evaluate seismic hazards and recommend appropriate mitigation measures, prepared in compliance with the requirements of the State Seismic Hazard Mapping Act. The preliminary soils report may be waived if the Planning Director or City Engineer determines that, due to knowledge of the soil qualities in the subdivision, no preliminary analysis is necessary.

c.

Environmental Site Assessment: The Planning Director or City Engineer may require the preparation of a Phase I environmental site assessment to determine the probable existence of any hazardous waste on the property, including contamination of soil, groundwater, or surface water. Such report shall be based on reasonably available knowledge of the property, including, but not limited to, historical use of the property, prior releases, visual and other surveys, records, consultant reports, and regulatory agency correspondence. The exact form and content of the report shall be as specified by the Planning Director or

City Engineer. If the report concludes that hazardous waste may exist on the property, further evaluation and/or remediation may be required as a condition of approval of the tentative map.

d.

Environmental Review: The subdivider shall provide additional data and information as may be required for the City's preparation and processing of environmental documents pursuant to the California Environmental Quality Act.

e.

Utility Service: The subdivider shall provide a letter from the agency proposed to provide sewer and water service, electrical, gas and communications services to the proposed subdivision indicating and committing that service can be provided to the proposed subdivision.

f.

Other Reports: Any other data or reports may be required by the Planning Director or City Engineer such as fire access and waste management service when deemed necessary due to scale of the proposed subdivision or presence of potential hazardous or environmentally sensitive condition.

(Ord. No. 3369 N.S., 5-7-2024)

30-76.5 - Tentative Map Completeness Review and Referral.

a.

Determination of Complete Application. Within thirty (30) days of acceptance of a tentative map application filing, the Planning Director shall determine whether an application is complete and shall notify the applicant of the determination in writing.

b.

Referral. Within five (5) days of the Planning Director's determination that a tentative map application is complete, the Planning Director shall forward copies of the application to the City Engineer, other affected City departments, public agencies and utilities, including the California Department of Transportation, Alameda Unified School District, and the East Bay Municipal Utility District. The affected public agencies and utilities may, in turn, forward to the Planning Director their findings and recommendations within fifteen (15) days of receiving the City's notification.

c.

City Engineer Review. The City Engineer shall review the form and contents of the tentative map and accompanying data and reports pursuant to the requirements of this chapter and any additional requirements established by the City Engineer and shall convey comments to the subdivider. The subdivider shall make corrections and/or additions until the map is acceptable to the City Engineer and prior to consideration of the map by the Advisory Agency.

(Ord. No. 3369 N.S., 5-7-2024)

30-76.6 - Tentative Map Review by the Planning Board.

a.

Advisory Agency. Except for those projects that are subject to ministerial approval pursuant to Government Code section 66499.41 and other similar sections when projects shall be reviewed and acted upon by the City Engineer, the Planning Board is hereby designated as the Advisory Agency with respect to the review and approval of tentative maps as provided in the Subdivision Map Act. The Planning Board shall have all the powers and duties with respect to making investigations and reports on the design and improvement of proposed divisions of land requiring the preparation of a tentative map.

b.

Action on Map. The Advisory Agency shall review and decide on the Tentative Map within fifty (50) days of filing, certification of an environmental impact report, adoption of a negative declaration, or a final

determination that the project is exempt from the requirements of the California Environmental Quality Act, whichever is later. The Planning Board shall approve, conditionally approve, or deny the tentative map based on the findings in subsection c.

c.

Findings for Denial. A tentative map shall be denied if any of the following findings are made:

1.

The proposed map is not consistent with applicable General Plans and Specific Plans.

2.

The design or improvement of the proposed subdivision is not consistent with applicable General Plans and Specific Plans.

3.

The site is not physically suitable for the type of development.

4.

The site is not physically suitable for the proposed density of development.

5.

The design of the subdivision or proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6.

The design of the subdivision or type of improvements will conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision.

The design of the subdivision or the type of improvements is likely to cause serious public health problems.

d.

Findings for Approval. The following findings must be made prior to approval of a tentative map:

1.

For a proposed subdivision with more than five hundred (500) dwelling units, water will be available and sufficient to serve the proposed subdivision in accordance with Section 66473.7 of the Subdivision Map Act.

2.

The discharge of waste from the proposed subdivision into the sewer system will not violate regional water quality control regulations in accordance with Section 66474.6 of the Subdivision Map Act.

3.

The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in accordance with subsection 30-76.7, and provides public access to water in accordance with subsection 30-76.8.

4.

The city has considered the effects on housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources.

e.

Public Hearing. The Advisory Agency shall hold a public hearing on the tentative map pursuant to Section 66451.3 of the Subdivision Map Act. The decision of the Planning Board is subject to appeal and call for review pursuant to AMC Section 30-25 Appeals or Calls for Review.

1.

Staff reports on tentative maps shall be provided to the subdivider at least three (3) days prior to the public hearing.

2.

The subdivider shall provide all notices required by the Subdivision Map Act for condominium projects and similar projects.

f.

Conditions of Approval. The City may impose reasonable conditions to subdivision map approvals that derive from the City's general police power, including its authority to regulate design and improvement of subdivisions, specific statutory authorization contained in the Subdivision Map Act and related statutes, the

CEQA environmental review process, and local authority to impose conditions to implement provisions of general and specific plans.

(Ord. No. 3369 N.S., 5-7-2024)

The design of a subdivision for which a tentative map is required pursuant to Section 66426 of the Subdivision Map Act shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in accordance with Section 66473.1 of the Subdivision Map Act. For the purposes of this section, feasible means capable of being accomplished in a successful manner within a reasonable period of time, considering economic, environmental, social, and technological factors. This section does not apply to condominium projects which consist of the subdivision of space in an existing building when no new structures are added.

(Ord. No. 3369 N.S., 5-7-2024)

a.

No tentative map or final map shall be approved for any subdivision fronting on the shoreline which does not provide or have available public access by fee or easement from public highways to land below the ordinary highwater mark on any bay shoreline within the subdivision unless the Planning Board finds that reasonable public access is otherwise available within a reasonable distance. Such a finding shall be set forth on the face of the tentative and final maps. Reasonableness shall be determined according to the standards set out by Section 66478.11 of the Subdivision Map Act.

b.

Public access routes provided by the subdivider shall be expressly designated on the tentative and final map along with the name of the agency to which they are dedicated.

c.

The governing body must accept such dedication within three (3) years of the approval of the final map or the offer shall be deemed rejected.

(Ord. No. 3369 N.S., 5-7-2024)

Except as otherwise provided by Section 66452.6 of the Subdivision Map Act, a tentative map shall expire three (3) years after the date of its approval unless an application for a tentative map extension is filed pursuant to the requirements of this chapter within that period. Notwithstanding any automatic extension period authorized in the Subdivision Map Act, the City may, upon the subdivider's application filed before the tentative map expiration date, extend the tentative map's life for an additional period or periods not to exceed six (6) years in accordance with subsection 30-76.10.

(Ord. No. 3369 N.S., 5-7-2024)

a.

Request by Subdivider. The subdivider may request an extension of the expiration date of the approved tentative map by written application to the Planning Director prior to expiration of the map. If such a request is filed, the map shall automatically be extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. To grant the extension, the Planning Director shall provide a written determination that the following findings have been satisfied:

1.

That the subdivider has clearly documented that it has made a good faith effort to complete the subdivision process.

2.

That it is in the best interest of the City of Alameda's health, safety, and general welfare to extend the tentative map.

3.

That there are no substantial changes to the project, no substantial changes to the circumstances under which the project is undertaken, and no new information of substantial importance that would require any further environmental review pursuant to the California Environmental Quality Act.

b.

Time Limit of Extension. Time extensions may be for a period of up to two (2) years. In no case shall the cumulative extension of the tentative map exceed six (6) years, except as otherwise provided by the Subdivision Map Act. After that time, a new tentative map application shall be required.

c.

Appeal of Decision. The decision of the Planning Director is subject to appeal and call for review pursuant to AMC Section 30-25 Appeals or Calls for Review.

(Ord. No. 3369 N.S., 5-7-2024)

a.

Minor Changes. Minor changes to an approved tentative map may be approved by the City Engineer upon application by the subdivider or on the City's initiative prior to action on a final map provided that:

1.

No lots, units or building sites or structures are added.

Changes are consistent with the intent of the original tentative map approval.

3.

There are no resulting violations of the Alameda Municipal Code.

4.

Any approved amendment shall not alter the expiration date of the tentative map.

b.

Substantive Changes. Amendments of the tentative map that, in the opinion of the City Engineer, are not minor shall be referred to the Planning Board for review, subject to the procedures for processing a tentative map as set forth in this article.

(Ord. No. 3369 N.S., 5-7-2024)

30-77 - VESTING TENTATIVE MAPS.

No land shall be subdivided and developed pursuant to a vesting tentative map for any purpose which is inconsistent with the General Plan and any applicable specific plan or not permitted by the zoning regulations or other applicable provisions of the Municipal Code.

(Ord. No. 3369 N.S., 5-7-2024)

a.

This section shall apply only to residential developments. Whenever a provision of the Subdivision Map Act, as implemented and supplemented by the Alameda Subdivision Regulations, requires the filing of a tentative map or parcel map for a residential development, a vesting tentative map may instead be filed, in accordance with the provisions hereof.

b.

If a subdivider does not seek the rights conferred by the vesting tentative map statute, the filing of a vesting tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

(Ord. No. 3369 N.S., 5-7-2024)

A vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in the Alameda Subdivision

Regulations and Subdivision Map Act for a tentative map except as hereinafter provided:

a.

At the time a vesting tentative map is filed it shall have printed conspicuously on its face the words "VESTING TENTATIVE MAP."

b.

In addition to the data and reports required by Section 30-76.4 above, a vesting tentative map shall be accompanied by the following plans and reports when deemed necessary by the Planning Director or City Engineer:

(a)

Height, size and location of buildings;

(b)

Sewer, water, storm drain and road details clearly delineating public and private facilities;

(c)

Information on the uses to which the buildings will be put;

(d)

Detailed grading plans and preliminary stormwater sizing calculations;

(e)

Geological studies;

(f)

Flood control information;

(g)

Architectural plans.

c.

Upon filing a vesting tentative map, the subdivider shall pay the fees required by the Master Fee Schedule for the filing and processing of a tentative map.

(Ord. No. 3369 N.S., 5-7-2024)

a.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period and shall be subject to the same extensions established by the subdivision regulations for the expiration of the approval or conditional approval of a tentative map.

b.

The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinance, policies and standards in effect at the time the vesting tentative map application is deemed complete pursuant to Section 65943 of the Government Code, subject to the exception in Section 66474.2(b) of the Subdivision Map Act.

c.

Notwithstanding subsection b., a permit, approval, extension, or entitlement may be made conditional or denied if any of the following are determined:

1.

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both.

2.

The condition or denial is required in order to comply with State or Federal law.

d.

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map as provided in paragraph a. above. If the final map is approved, these rights shall last for the following periods of time:

1.

An initial time period of two (2) years beyond the recording of the final map. Where multiple final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.

2.

The initial time period set forth in subparagraph 1. shall be automatically extended by any time used for processing a complete application for discretionary approvals for the proposed development, including, but not limited to, General Plan or zoning amendments, planned development approvals, conditional use permits, variances, design review or grading permits if such processing exceeds thirty (30) days from the date a complete application is filed.

3.

A subdivider may apply to the Planning Board for a one (1) year extension at any time before the initial time period set forth in subparagraph 1. expires. A decision on the request is subject to appeal and/or call for review as established in AMC Section 30-25.

e.

If the subdivider submits a complete application for a building permit prior to the recordation of the final map, the rights referred to herein shall continue until the expiration of such building permit or the expiration of any extension of that permit.

(Ord. No. 3369 N.S., 5-7-2024)

a.

Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning regulations in existence at that time, that inconsistency shall be noted on the map. The City may deny such a vesting tentative map or approve it conditioned on the subdivider, or subdivider's designee, obtaining the necessary change in the zoning regulations to eliminate the inconsistency. If the change in the zoning regulations is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding subsection 30-77.4.b., confer the vested right to proceed with the development in substantial compliance with the change in the zoning regulations and the map, as approved.

b.

The rights conferred by this subsection shall be for the time periods set forth in subsection 30-77.4.d.

c.

Notwithstanding any provision of this section, a property owner or designee may seek approvals or permits for development which depart from the ordinances, policies, and standards described in subsections 3077.4.b. and 30-77.4.c., and local agencies may grant these approvals or issue these permits to the extent that the departures are authorized under applicable law.

(Ord. No. 3369 N.S., 5-7-2024)

30-78 - FINAL MAPS.

A final map conforming to the approved tentative map shall be filed with the City Engineer for approval after all the required certificates on such map have been signed and, where necessary, acknowledged.

(Ord. No. 3369 N.S., 5-7-2024)

The form and content of a final map shall conform to the requirements of this section and Section 66433 et seq. of the Subdivision Map Act, and shall be the same as that of a tentative map, as set forth in Section 30-76.3 Tentative Map Form and Contents, except as follows:

a.

Permanence. A final map shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

b.

Monuments. At least one (1) exterior boundary line shall be marked with a standard City monument prior to recording the final map. Other monuments shall be set as required by the City Engineer at or on approved offsets from the following locations:

1.

The intersection of street centerlines;

2.

Beginning and end of curves or intersection of tangents on centerlines; and

3.

Other locations as required by the City Engineer.

c.

Abandonment of Streets and Easements. The filing of the final map shall constitute abandonment of all public streets and public easements not shown on the map provided that a written notation of each abandonment is listed by reference to the recording data or other official record creating these public streets or public easements and certified on the map by the City Engineer. Before a public easement vested in another public entity may be abandoned pursuant to this section, that public entity shall receive notice of the proposed abandonment. No public easement vested in another public entity shall be abandoned pursuant to this section if that public entity objects to the proposed abandonment.

d.

Engineer's/Surveyor's Certificate. The final map shall contain a statement by the engineer or surveyor responsible for the preparation of the map that states that all monuments are of the character and occupy the positions indicated, or that they will be set in those positions on or before a specified date, and that the monuments are, or will be, sufficient to enable the survey upon which the final map is based to be retraced.

e.

City Engineer's Certificate. The final map shall include a statement to be signed by the City Engineer confirming that they have examined it and found it to be technically correct, consistent with the approved tentative map, and in compliance with these subdivision regulations and the Subdivision Map Act.

f.

Planning Director's Certificate. The final map shall include a statement to be signed by the Planning Director confirming that they have examined it and found it to comply with the tentative map as approved

by the Planning Board, indicating the date of such approval, and indicating that the map complies with the General Plan and all other requirements of this chapter.

g.

City Clerk's Statement. The final map shall include a statement to be signed by the City Clerk confirming that the City Council has received the map and determined it to comply with the tentative map, the Subdivision Map Act and the local subdivision ordinance, and accepted for dedication and maintenance any land, improvements, easements or utilities.

h.

Additional Information. The City may require additional information to be recorded simultaneously with the final map. Whenever additional information is made by a separate document, there shall appear on the final map a reference to the separately recorded document. This reference shall be completed by the Alameda County Recorder according to Section 66468.1 of the Subdivision Map Act. Additional information may include the following:

1.

Covenants, codes and restrictions.

2.

Regulatory agreements.

3.

Property maintenance agreements.

4.

Utilities to be accepted for public maintenance.

5.

Other documents or agreements required by as conditions of approval on the tentative map.

6.

Additional survey and map information including, but not limited to, building setback lines, flood hazard zones, seismic lines and setbacks, geologic mapping, and archaeological sites. The additional information shall be in the form of a separate document or an additional map sheet which shall indicate its relationship to the final map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of the recording, and is not intended to affect record title interest. The document or additional map sheet may also contain a notation that the additional information is derived from public records, or reports, and does not imply the correctness or sufficiency of those records or reports by the preparer of the document or additional map sheet.

(Ord. No. 3369 N.S., 5-7-2024)

The final map shall be accompanied by the following data or reports as may be required by the City Engineer:

a.

Title Report. A title report, showing the legal owners at the time of filing the final map, shall be submitted with the final map, accompanied by copies of all deeds and easement descriptions referenced in the report.

b.

Guarantee of Title. A guarantee of title, in a form acceptable to the City Engineer and City Attorney, shall be issued by a competent title company to and for the benefit and protection of the City and shall continue up to the instant of recording of the final map, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgments thereto, appear on the proper certificates and are correctly shown on the map, both as to consents to the making thereof and affidavits of dedication where necessary.

c.

Deeds and Maps. The final map shall be accompanied by copies of deeds for all adjoining property and copies of all maps referenced in the title report.

d.

Easements. The final map shall be accompanied by written evidence of rights of entry or permanent easements across private property outside of the subdivision that permit or grant access to perform necessary construction work or permit the maintenance of any public sewer, water, electric and/or other facility.

e.

Improvement Plans and Agreement. Improvement plans and an improvement agreement, if applicable, shall accompany the final map.

f.

Soils Report. If the Planning Director or City Engineer required a preliminary soils report with the filing of the tentative map, and if the preliminary soils report indicated the presence of critically expansive soils or other soil problems which, if not corrected, could lead to structural defects, the soils report accompanying the final map shall contain an investigation of each lot within the subdivision. Additionally, the soils report shall evaluate seismic hazards and recommend appropriate mitigation measures, prepared in compliance with the State Seismic Hazard Mitigation Act. The Planning Director or City Engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.

g.

Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines shall be submitted with the final map.

h.

Hydrology and Hydraulic Calculations. Complete hydrology and hydraulic calculations of all storm drains shall be submitted with the final map if determined necessary by the City Engineer.

i.

Covenants, Conditions and Restrictions. If required by the City, the submittal of the final map for a common interest development within the meaning of California Civil Code Section 1350 et seq. shall include the proposed declaration of covenants, conditions and restrictions containing the provisions described in California Civil Code Section 1353, and all other governing documents for the subdivision. The submittal of the final map for all subdivisions other than a common interest development shall include any proposed declaration of covenants, conditions and restrictions. All documents shall be subject to review and approval by the Planning Director, City Engineer, and City Attorney.

j.

Electronic Copy. The final map shall be submitted in an approved electronic format as required by the City Engineer.

k.

Other Reports. Any other data or reports deemed necessary by the City Engineer shall be submitted with the final map.

(Ord. No. 3369 N.S., 5-7-2024)

a.

Notice of Intention to File Multiple Final Maps. Multiple final maps relating to an approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map is filed, informs the Planning Director in writing of the subdivider's intention to file multiple final maps on the tentative map, or after the filing of the tentative map the subdivider and Planning Director concur in the filing of multiple final maps. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps.

b.

Filing of Multiple Final Maps. The filing of a final map on a portion of an approved tentative map shall not invalidate any part of the tentative map. Each final map that constitutes a part of the approved tentative map shall have a separate subdivision number, and shall be subject to any reasonable conditions imposed pursuant to Section 30-76.6.g. The public improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

(Ord. No. 3369 N.S., 5-7-2024)

a.

Review by City Engineer. The subdivider shall submit the final map, signed by all parties required to execute the statements on the map, to the City Engineer for review. The subdivider shall make any corrections and/or additions as required by the City Engineer until the final map meets the requirements of the approved tentative map and related City requirements.

b.

Approval by City Council. Upon the City Engineer's determination that the final map meets the requirements of the approved tentative map and related City requirements, the City Council shall consider the map at its next regular meeting for which public notice can be given pursuant to Section 66451.3 of the Subdivision Map Act.

1.

If any dedications are required as part of the subdivision, the certificate for dedications shall be included on the map, and the City Council shall accept, accept subject to improvement, or reject any offer of dedication. The City Clerk shall certify or state on the map the action by the City Council. Acceptance of offers of dedication on a final map shall not be effective until the final map or a resolution of acceptance is filed in the Alameda County Recorder's office.

2.

If the Council determines that the final map is in substantial compliance with all conditions of approval attached to the tentative map, and in conformity with the approved tentative map, the requirements of this Article and the General Plan, it shall approve the final map.

3.

If improvements required as conditions to the tentative map have not yet been completed when the final map is approved, the subdivider shall enter into a subdivision improvement agreement, guaranteed by adequate security, for the completion of the improvements. When the subdivider shall have filed with the City Clerk the agreement and bonds, or have made the deposit described in Section 30-86.8 hereof, such agreement and bond may be approved by the Council as to form and as to sufficiency.

4.

Disapproval for failure to meet or perform the requirements or conditions of this Article applicable to the subdivision at the time of the approval of the tentative map shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.

5.

A final map for a subdivision created from the conversion of residential property to condominiums shall not be approved unless the City Council finds that each tenant has been given one hundred twenty (120) days' notice as required by subsection 30-8.6.a. of this chapter and has also been notified of the right to acquire the unit as required by subsection 30-8.6.b. of this chapter.

6.

Condominium projects and similar projects shall be approved only upon the findings required by Section 66427.1 of the Subdivision Map Act.

7.

No final map shall have any force or effect until it has been approved by the City Council, and no title to any property described in any offer of dedication shall pass until the final map has been recorded in the office of the County Recorder.

c.

Final Certification. When the City Engineer and Planning Director are satisfied that the final map meets the requirements of this chapter and the City Council has approved the final map, the Planning Director, City Engineer and City Clerk shall certify the map by signing the certificates contained on the final map.

(Ord. No. 3369 N.S., 5-7-2024)

Except as provided in Section 66493 of the Subdivision Map Act, upon certification of the final map and acceptance of any dedications by the City Council, the map shall be forwarded to the Alameda County Recorder or to a title company or other authorized agent that the subdivider has designated for transmittal to the County Recorder. If any part of the subdivision is subject to a lien for taxes or special assessments collected as taxes which are not yet payable, the final map shall be processed in accordance with Section 66493 of the Subdivision Map Act. If the subdivider dedicates property to the City, a certificate concerning the dedication as provided in Section 30-86.13 shall also be prepared and forwarded for recording, and a copy of the certificate shall be attached to the final map.

(Ord. No. 3369 N.S., 5-7-2024)

The subdivider may be required to improve all streets, highways, public ways and easements which are a part of the subdivision, as well as improvements that may not be part of the subdivision but are reasonably affected by the subdivision.

(Ord. No. 3369 N.S., 5-7-2024)

30-86.2 - Required Improvements.

a.

The required improvements may include:

1.

Land grading and improvement.

2.

Street, alley and walkway grading and paving.

3.

Bikeways and Trails.

4.

Curbs, gutters, sidewalks, monuments and landscaping.

5.

Fencing barriers, header boards and warning devices.

6.

Sanitary sewers, storm drains and appurtenances.

7.

Street lighting systems.

8.

Fire hydrants and fire alarm system.

9.

All public utility systems.

Street and walkway tree planting and landscaping.

11.

Bulkheads, seawalls, retaining walls or other methods of land retention and sea level rise adaptation.

12.

Traffic signals, traffic control, regulatory, warning and guide devices.

b.

The City may require additional improvements which it deems necessary, or may grant exceptions to any of the above items that are obviously not applicable in any particular division of land.

c.

The City may require such off-site improvements as are necessary for local needs and allowed by law.

(Ord. No. 3369 N.S., 5-7-2024)

All improvements shall be constructed in accordance with standard engineering practice and in accordance with standard plans and specifications approved by the City.

(Ord. No. 3369 N.S., 5-7-2024)

Before beginning any construction or installation of improvements, a complete set of plans, profiles, cross sections, and other drawings for all improvements, together with a complete set of detailed specifications for the work, shall be prepared by a civil engineer registered by the State of California and submitted to the City Engineer for review and approval. All work shall be according to City standards and specifications. The City Engineer shall be furnished, without cost, one (1) or more complete sets of the signed plans as required. No work shall commence without approved, signed plans.

(Ord. No. 3369 N.S., 5-7-2024)

The City Engineer shall have the right to enter upon the site of the work for the purpose of inspecting the same and shall be furnished with samples of materials as may be required for the making of tests to determine the acceptability of the materials. The subdivider shall pay to the City the actual cost for the inspection of the work and checking materials in accordance with the Master Fee Schedule.

(Ord. No. 3369 N.S., 5-7-2024)

Upon completion of improvements, the subdivider shall provide as-built drawings in the form required by the City Engineer prepared by a civil engineer registered by the State of California and electronic files compatible with the City's GIS system showing the subdivision as it has been completed. The subdivider shall also provide recorded conditions, covenants and restrictions documents, and other documents pertinent to the development as reasonably determined by the City Engineer.

(Ord. No. 3369 N.S., 5-7-2024)

a.

Requirement to Supplement. As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public, subject to the reimbursement agreement provisions of Sections 66486 and 66487 of the Subdivision Map Act.

b.

Reimbursement Agreement. If such a requirement is imposed, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of those improvements, including an amount attributable to interest, in excess of the construction required for the subdivision. The City Engineer shall determine the method for payment of the costs, which may include:

1.

The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, a reasonable charge for such use.

2.

The contribution to the subdivider of that part of the cost of the improvements that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefited to reimburse the City for such costs, together with interest thereon, if any, paid to the subdivider.

3.

The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited.

(Ord. No. 3369 N.S., 5-7-2024)

a.

General. If the improvements required by Section 30-86.2 are not completed prior to the filing of the parcel map or final map, the subdivider shall enter into an improvement agreement with the City for the construction of the required improvements. Such agreement is subject to the approval of the City Manager

as recommended by the City Engineer and approved as to form by the City Attorney. The agreement shall provide for:

1.

Construction of all improvements according to the approved plans and specifications on file with the City Engineer.

2.

Specified times for completion of improvements.

3.

Right by City to require changes to the plans and specifications in accordance with the development requirements and to require the subdivider to pay for the modifications.

4.

Payment of applicable fees as set forth in the Master Fee Schedule.

5.

Improvement security in accordance with Section 66499 et seq. of the Subdivision Map Act.

6.

Posting of a performance bond for one hundred (100%) percent of the value of the improvements, at prevailing wage, and, upon completion and acceptance by the City of the improvements, a one (1) year warranty bond guaranteeing the constructed improvements from defects.

7.

Posting of a labor and materials bond for one hundred (100%) percent of the value of the improvements, at prevailing wage, shall be required to guarantee payment to the subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or implementation of the improvements.

8.

Indemnification, hold harmless, and defense (with counsel acceptable to the City) of the City from and against any claim, action or proceeding against the City to attack, set aside, void or annul an approval of the City concerning the subdivided property or any portion thereof.

9.

Any other provisions required by the City as reasonably necessary to comply with the requirements of this chapter.

b.

Deferred Agreements. An agreement may be made between the subdivider and the City to defer the construction of public improvements until such time as the improvements are necessary to preserve the general purposes of this title. No such agreement shall be valid until and unless it is secured by a good and sufficient surety bond or cash deposit adequate to cover all the costs and administrative expenses of the improvements in the event of default. If the subdivider or subsequent owner of the subdivision desires to construct the improvements, the City will release the deposit to the subdivider or subsequent owner of the subdivision after the improvements are constructed, inspected, and accepted as complete by the City.

(Ord. No. 3369 N.S., 5-7-2024)

a.

Completion. The subdivider shall complete the subdivision improvements within twelve (12) months from the recording of the parcel map or final map, or at a time approved by the City Engineer, not to exceed twenty-four (24) months from the recording of the parcel map or final map, unless an extension is granted by the City Manager. If the subdivider fails to complete the improvements within the specified time, the City may, by resolution of the City Council and at its option, cause any or all uncompleted improvements to be completed and the parties executing the surety or sureties shall be firmly bound for the payment of all necessary costs. All improvements are subject to inspection by the City Engineer to ensure that they have been completed in accordance with the improvement agreement.

b.

Acceptance. Upon completion of the improvements required by the provisions of this article, the subdivider or his authorized agent shall file a complete set of record drawings in hard copy and electronic format with the City Engineer. Such record drawings shall be certified as to accuracy and completeness by the subdivider's engineer of record. Upon the receipt and acceptance of such record drawings for major subdivisions, the City Engineer shall recommend to the City Manager the formal acceptance of the improvements.

c.

Acceptance of a Portion of Improvements. When requested by the subdivider in writing, the City may consider acceptance of a portion of the improvements as recommended by the City Engineer. The improvements will be accepted by the City only if it finds that it is in the public interest and such improvements are for the use of the general public. Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this chapter. Acceptance of a portion of the improvements shall be in accordance with subsection b.

d.

Reduction in Performance Bond. The City Engineer may authorize in writing a partial release of the performance bond in conjunction with the acceptance of a portion of improvements. The amount of the reduction shall be determined by the City Engineer, however, in no event shall the City Engineer authorize a release of the improvement security which would reduce the security to an amount below that required to

guarantee the completion of the improvements and any other obligation imposed by this ordinance, the Subdivision Map Act, or the improvement agreement.

(Ord. No. 3369 N.S., 5-7-2024)

When required as a condition for approval of a tentative map or parcel map, the subdivider shall dedicate or make an irrevocable offer of dedication of land within the subdivision that is needed for:

a.

Streets, Alleys and Other Public Rights-of-Way or Easements. Streets and alleys, as shown in the General Plan, including access rights and abutters' rights, drainage, public utility easements and other public easements, as deemed necessary by the City Engineer. The waiver of direct access rights, as provided by Section 66476 of the Subdivision Map Act, may be required if the City determines that the public interest necessitates such a waiver.

b.

Bicycle Paths. Bicycle paths, Bay Trail, and/or the Cross Alameda Trail as shown in the General Plan for the use, safety, and benefit of the residents of the subdivision for the purpose of connecting the subdivision to other neighborhoods in the City.

c.

Transit Facilities. Local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items that directly benefit the residents of the subdivision.

d.

Drainage Facilities. Storm drain rights-of-way or easements as deemed necessary by the City Engineer.

(Ord. No. 3369 N.S., 5-7-2024)

a.

The Planning Board may require dedication or irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters and similar items which directly benefit the residents of the subdivision if either, the tentative map shows the potential for two hundred (200) dwellings or more if developed to the maximum density or the subdivision contains one hundred (100) acres, and the Planning Board finds that transit services are or will within a reasonable time period be made available to such subdivision.

b.

Such irrevocable offers may be terminated as provided in the Subdivision Map Act.

(Ord. No. 3369 N.S., 5-7-2024)

a.

Action Upon Approval of Map. At the time the City approves a final map or parcel map, the City shall also accept, accept subject to improvement, or reject any offer of dedication. The City Clerk shall certify or state on the final map the City's action and the City Engineer shall certify or state on the parcel map the City's action.

b.

Rescission of Rejection. If, at the time the final map or parcel map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities which directly benefit the residents of a subdivision, or storm drainage easements are rejected by the City, the offer of dedication shall remain open and the City may at any later date, and without further action by the subdivider, rescind its action and accept and open the streets, paths, alleys, public utility easements, rights-of-way for local transit facilities or storm drainage easements for public use, which acceptance shall be recorded in the office of the Alameda County Recorder.

c.

Termination of Offers. Offers of dedications may be terminated and abandoned in the same manner as prescribed for the summary vacation of streets by California Streets and Highways Code Division 9, Part 3 (commencing with Section 8300).

(Ord. No. 3369 N.S., 5-7-2024)

The City shall record a certificate with the Alameda County Recorder for any dedication for public purpose or for making public improvements or constructing public facilities, other than for open space, parks, or schools. The certificate shall be included on the map and shall contain the name and address of the subdivider dedicating the property, a legal description of the real property being dedicated, and a statement that the City shall reconvey the property to the subdivider if the City determines that the same public purpose for which the property was dedicated does not exist, or the property or any portion thereof is not needed for public utilities.

(Ord. No. 3369 N.S., 5-7-2024)

The purpose of this article is to strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development by providing an option to both the City and developers to enter into development agreements.

To accomplish this purpose the procedures, requirements and other provisions of this article are determined to be necessary to promote orderly growth and development, the economic welfare, and to ensure provision for adequate circulation, utilities and services.

(Ord. No. 2189 N.S.)

The procedures and requirements set forth in this article shall apply to all development agreements proposed by developers and entered into by the City Council.

(Ord. No. 2189 N.S.)

30-92 - PROCEDURE FOR REVIEW.

a.

The City shall prescribe the form for each application, notice and documents provided for or required under these regulations for the preparation and implementation of development agreements.

b.

The City may require an applicant to submit such information and supporting data as the Planning Director considers necessary to process the application.

(Ord. No. 2189 N.S.)

The Planning Director shall review the application and may reject it if it is incomplete or inaccurate for processing. The application shall be accepted for filing when the City Manager approves a proposed development agreement and the Planning Director determines that the agreement, as proposed or in an amended form, would be consistent with the General Plan and other regulations prescribed for the use of land.

(Ord. No. 2189 N.S.)

a.

The time and manner of giving notice shall be as prescribed in the Government Code for amendments to the zoning regulations.

b.

The notice of intention to consider adoption of the development agreement shall contain:

1.

The time and place of the hearing.

2.

A general explanation of the matter to be considered, including a general description of the area to be affected; and

3.

Other information required by law or which the Planning Director considers necessary or desirable.

c.

The failure of any person entitled to notice to receive such notice does not affect the authority of the City to enter into a development agreement.

(Ord. No. 2189 N.S.)

a.

The public hearing shall be conducted as nearly as may be in accordance with the procedural standards prescribed in the Government Code for the conduct of zoning hearings. Each person interested in the matter shall be given an opportunity to be heard. The applicant has the burden of proof at the public hearing on the proposed development agreement.

b.

No action, inaction or recommendation regarding the proposed development agreement shall be held void or invalid or be set aside by the Court by reason of any error, irregularity, informality, neglect or omission ("error") as to any matter pertaining to petition, application, notice, finding, record, hearing, report, recommendation, or any matters of procedure whatever unless after an examination of the entire case, including the evidence, the Court is of the opinion that the error complained of was prejudicial and that by reason of the error the complaining party sustained and suffered substantial injury, and that a different result would have been probable if the error had not occurred or existed. There is not a presumption that error is prejudicial or that injury was done if error is shown.

(Ord. No. 2189 N.S.)

30-92.5 - Review by Planning Board.

The Planning Board shall hold a public hearing on the application and shall make its recommendation and reasons therefor in writing to the City Council. The recommendation shall include the Planning Board's determination whether or not the development agreement proposed:

a.

Is consistent with the objectives, policies, general land uses and programs specified in the general plan; and

b.

Is compatible with the uses authorized in, and the other regulations prescribed for, the use of land.

(Ord. No. 2189 N.S.)

a.

The City Council shall hold a public hearing, after which it may accept, modify or disapprove the recommendation of the Planning Board.

b.

The City Council may not approve the development agreement unless it finds that the provisions of the agreement are consistent with the General Plan and other regulations prescribed for the use of land.

(Ord. No. 2189 N.S.)

30-94.2 - Approval of Development Agreement.

If the City Council approves the development agreement, it shall do so by the adoption of an ordinance. The agreement takes effect upon the effective date of the ordinance.

(Ord. No. 2189 N.S.)

a.

Either party may propose an amendment to or cancellation in whole or in part of the development agreement previously entered into.

b.

The procedure for proposing and adopting an amendment to or cancellation in whole or in part of the development agreement is the same as the procedure for entering into an agreement.

c.

Where the City initiates the proposed amendment to or cancellation in whole or in part of the development agreement, it shall first give notice to the applicant of its intention to initiate proceedings at least ten (10) days in advance of the giving of notice of intention to consider the amendment or cancellation required by subsection 30-93.3. Where the applicant initiates the change, City shall give notice of that pursuant to subsection 30-93.3.

(Ord. No. 2189 N.S.)

30-94.4 - Recordation.

a.

Within ten (10) days after the City enters into the development agreement, the City Clerk shall have the agreement recorded with the County Recorder.

b.

If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Government Code Section 6585.1 for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.

(Ord. No. 2189 N.S.)

For purposes of this article, the following terms shall have the following meanings:

Alameda Public Art Fund shall mean a separate account into which all monies generated under this article or derived from gifts or donations for public art shall be deposited.

Applicant shall mean the person or entity that is financially and legally responsible for the planning, development, and construction of any development project covered by this article, who may, or may not, be the owner of the subject property.

Artwork shall mean art, including but not limited to, sculpture, painting, mosaics, photography, crafts, mixed media, and electronic arts. Artwork as defined herein may be permanent, fixed, temporary, or portable, may be an integral part of a building, facility, or structure, and may be integrated with the work of other design professionals.

Artist shall mean an individual generally recognized by critics and peers as a professional practitioner of the visual, performing, media or literary arts as judged by the quality of that professional practitioner's body of work, educational background and experience, public performances, past public commissions, sale of

works, exhibition record, publications, and production of artwork. The members of the architectural, engineering, design, or landscaping firms retained for the design and construction of a development project covered by this article shall not be considered artists for the purposes of this part.

Building development costs shall mean those construction costs as declared on all building permit applications for new construction or rehabilitation, and as accepted by the Chief Building Official, but shall not apply to costs solely attributable to tenant improvements. Building permit applications shall include, but not be limited to, all building, plumbing, mechanical and electrical permit applications for the project.

Cultural arts and arts programming shall mean: Performance arts, including, but not limited to: Theatre, dance, music; literary arts: Poetry reading and storytelling; film and video; screenings and installations; education; art lectures and presentations; special events: Festivals and celebrations; and artist-in-residence programs in the arts.

Cultural facility shall mean a structure that houses, and has as its primary purpose the presentation of one (1) or more public art forms, and that is operated by public entities or non-profit organizations dedicated to cultural activities available to a broad public. Examples of acceptable facilities are museums, theaters, and performing arts centers, and other similar facilities as determined appropriate by the Public Art Commission. Facilities that do not meet this definition are churches, schools, commercial movie theaters, gymnasiums or other sports facilities, bookstores, buildings dedicated primarily to housing or administrative activities, and for-profit facilities used for for-profit activities.

Development project shall mean any development which requires the issuance of a building permit by the City of Alameda.

Maintenance shall mean those activities required to conserve, repair, or preserve the integrity of the artwork and setting within which the artwork is located. Routine maintenance means the basic day-to-day care of the artwork.

Nonprofit organization shall mean an organization organized under Internal Revenue Code Section 501(c)(3) in good standing with the California Department of Corporations and in compliance with any and all federal, state, and local licensing, reporting, and tax requirements.

On-site artwork shall mean artwork that is provided on a development site in conformance with this article.

Program allocation shall mean the value of the on-site artwork required under subsection 30-98.4.

Public art shall mean art that is accessible to the public, including but not limited to artwork and cultural arts and arts programming.

Public Art Commission shall mean the City of Alameda commission which advises the City Council on public art policies, procedures and expenditures from the Alameda Public Art Fund.

Public art in-lieu contribution shall mean a payment made to the Alameda Public Art Fund in lieu of providing on-site artwork required by Section 30-98.3.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)

30-98.3 - Applicability and Exemptions.

a.

Applicability.

1.

Commercial, industrial and municipal development projects having a building development cost of two hundred fifty thousand ($250,000.00) dollars or greater shall be subject to the provisions of this article.

2.

Residential development projects creating or rehabilitating five (5) or more residential units and having a building development cost of two hundred fifty thousand ($250,000.00) dollars or greater shall be subject to the provisions of this article.

b.

The following shall be exempt from the provisions of this article:

1.

Affordable housing development projects in which one hundred (100%) percent of the units qualify as units affordable to very low-, low- or moderate-income households.

2.

Rehabilitation of designated City monuments.

3.

Development or rehabilitation of structures that house a cultural facility.

4.

Municipal or Non-Profit Organization Development Projects, including parks, may be exempted (fully or partially) from the provisions of this article when the City Council finds that, based upon the characteristics of the project or the project budget, it is in the best interests of the Alameda community to do so.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)

a.

Program Allocation. Development projects subject to the provisions of this article shall expend not less than one (1%) percent of building development costs acquiring and installing on-site artwork. This expenditure shall be referred to as the program allocation. Notwithstanding the foregoing, the specific program allocation for a project subject to a development agreement or a disposition and development agreement shall be established in the project specific agreement as part of a negotiated comprehensive public benefit package.

b.

In-lieu Payments. In lieu of acquiring and installing on-site artwork as required under subsection a. of this section, the applicant, at the applicant's discretion, may pay into the Alameda Public Art Fund a public art in-lieu contribution in an amount equal to one hundred (100%) percent of the program allocation. If an applicant chooses to make the public art in-lieu payment, the applicant must make that choice prior to final approval of the development project application and fully pay the public art in-lieu payment to the City prior to the City's issuing the first building permit for the development project for which the contribution is required.

c.

If the applicant chooses to acquire and install on-site artwork, and the value of the on-site artwork is less than one hundred (100%) percent of the program allocation, the applicant shall pay into the Alameda Public Art Fund the difference between one hundred (100%) percent of the program allocation and the value of the on-site artwork.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)

a.

On-site artwork shall be installed on the development project site in a location that allows the artwork to be visible from a public right-of-way or from other publicly accessible property. Interactive art must be fully accessible to the public.

b.

On-site artwork shall be permanent in nature and shall be constructed of materials that are appropriate for the proposed location.

c.

On-site artwork installations required by Section 30-98.4 may include:

1.

Sculpture; such as in the round, bas-relief, mobile, fountain, kinetic, electronic, or other, in any material or combination of materials;

2.

Painting: All media, including but not limited to, murals;

3.

Graphic and multi-media: Printmaking, drawing, calligraphy and photography including digital, any combination of forms of electronic media including sound, film, holographic, and video and other art forms but only when on a large public scale;

Mosaics;

5.

Crafts: In clay, fiber and textiles, wood metal, plastics and other materials;

6.

Mixed Media: Any combination of forms or media, including collage; and

7.

Any other artwork determined by the Public Art Commission, or City Council on appeal, to satisfy the intent of this section.

d.

The following facilities and artwork shall not be eligible to satisfy the requirements for on-site artwork:

1.

Construction of indoor or outdoor stages or performance spaces.

2.

Cultural arts and arts programming.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)

30-98.6 - Application and Approval Procedures for On-site Artwork.

a.

Projects subject to the public art requirement shall declare their intention to install public art on-site or to contribute to the in-lieu fund as part of the initial discretionary permit for the project, or the submission of building permits, if no discretionary permits are required for the project. If an applicant chooses to install public art on-site, the applicant shall identify the proposed location(s) of the on-site public art on the submitted plans.

b.

An application for the installation of on-site artwork shall be submitted to the Community Development Department on forms furnished for that purpose and shall include the following information, as applicable:

1.

Landscape and/or site plans indicating the location and orientation of the on-site artwork that integrates the artwork into the overall project design;

2.

A sample, model, photograph or drawings of the proposed on-site artwork;

3.

Material samples and finishes if appropriate;

4.

The artist's resume and portfolio of past work, which demonstrates competency with the materials and forms proposed for the on-site artwork proposal;

5.

A written statement by the artist describing the on-site artwork, as well as a discussion of the manner in which the proposed on-site artwork meets the findings established by subsection e. of this section;

6.

An itemized budget declaring the valuation of the on-site artwork pursuant to Section 30.98.8;

7.

A maintenance plan for the maintenance of the on-site artwork; and

8.

Any such additional information or material as may be required by the Community Development Director.

9.

Application processing fees set by City Council Resolution.

c.

The application submitted pursuant to subsection a. of this section shall be referred to the Community Development Director to determine whether the application is complete and in accordance with the requirements of this article. If the Community Development Director fails to make a determination within thirty (30) days, the application shall be deemed complete. Once complete, the Community Development Director shall transmit the application to the Public Art Commission for review and decision.

d.

The Public Art Commission shall review the permit application at a noticed public hearing within sixty (60) days of the application being deemed complete.

e.

Public notice of the Public Art Commission meeting shall be given consistent with the noticing requirements of Section 30-22.4 Notice of Public Hearing.

f.

In order to approve an on-site artwork application, the Public Art Commission must make all of the following findings:

1.

The artist has demonstrated qualifications to complete the proposed on-site artwork with the highest professional standards.

2.

There is sufficient public visibility and accessibility to the on-site artwork, and the proposed on-site artwork is compatible with and harmonious with the development project and surrounding environment.

3.

The proposed on-site artwork is durable and cost effective to maintain using ordinary methods of maintenance.

4.

The budget for the proposed on-site artwork and any in-lieu fees proposed by the applicant is equivalent to or exceeds the required program allocation.

g.

The Public Art Commission may conditionally approve an application subject to such conditions that the Public Art Commission deems reasonably necessary to conform to the findings for approval. Approvals of public art applications shall be by resolution of the Public Art Commission. The resolution shall include the findings required by this article, any conditions of approval, and the maintenance obligations of the property owner on which the on-site artwork is to be located. Any substantial changes to the approved artwork or location after Public Art Commission approval shall be subject to further review and approval by the Public Art Commission. The Community Development Director, in the Director's discretion, may make a determination regarding the substantiality of any changes.

h.

Any final decision of the Public Art Commission may be appealed to the City Council within ten (10) calendar days or may also be called for review by the City Council pursuant to the call for review process in Section 30-25.1.

i.

If the Public Art Commission is unable to act on an application within sixty (60) calendar days of receipt of a complete application, and an extended period mutually agreed to by the applicant and the Public Art Commission cannot be reached, the application shall be noticed for review and decision at the next available regularly scheduled meeting of the City of Alameda Planning Board. The Planning Board shall act on the application pursuant to the requirements of this article.

j.

The application required by this article shall be made, approval obtained and the artwork installed prior to final building inspection or issuance of the first certificate of occupancy for development project. If installation prior to the date of first occupancy is impracticable, as determined by the Community Development Director, a certificate of occupancy may be approved for the development project or portion thereof if the application submitted pursuant to this article has been approved, the applicant has executed a written agreement with the City to install the on-site artwork, and the applicant has filed security in an amount equal to the program allocation or the value of the proposed on-site artwork, whichever is greater, and in a form acceptable to the City Attorney to guarantee installation.

k.

The Community Development Director may adopt administrative regulations to implement this Ordinance and the Public Art Fund.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)

a.

The property owner on which the on-site artwork is located shall maintain, or cause to be maintained, in good condition the on-site artwork continuously after its installation and shall perform necessary maintenance thereto to the satisfaction of the City. The maintenance obligations of the property owner shall be incorporated into the conditions of approval for the on-site artwork and shall be reflected in an agreement between the City and the owner of the property on which the on-site art work shall be located and the agreement shall be recorded against the property prior to issuance of the first certificate of occupancy for the development project.

b.

Should the property owner wish to remove the on-site artwork, the City must be notified in advance. The property owner shall replace the on-site artwork with on-site artwork of equal or greater value, and consistent with the California Preservation of Works of Art Act and the Federal Visual Artists' Rights Act and any other relevant law.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)

30-98.8 - Included and Excluded Expenses.

a.

The following expenses may be included in the budget for the program allocation for on-site artwork:

1.

The on-site artwork itself including the artist's fee for design, structural engineering and fabrication;

Transportation and installation of the on-site artwork at the development project site;

3.

Identification signs; and

4.

Mountings, anchorages, containments, pedestals, bases, or materials necessary for installation of the onsite artwork art.

b.

The following expenses shall not be included in the budget for the program allocation for on-site artwork:

1.

The cost of locating the artist(s);

2.

Architect and landscape architect fees;

3.

Land costs;

4.

Landscaping around the on-site artwork not integral to its design;

5.

Publicity, public relations, photographs or dedication ceremonies;

6.

Utility fees associated with activating the artwork; and

7.

Illuminating the on-site artwork if not integral to the design.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)

a.

Compliance with the provisions of this article shall be demonstrated by the applicant, as follows:

Satisfaction of the contribution requirements of Section 30-98.4; and

2.

If applicable, installation of the on-site artwork, or the execution of an agreement to install the on-site artwork, in accordance with Section 30-98.6; and

3.

If applicable, execution of maintenance agreement in accordance with Section 30-98.7 and evidence that the maintenance agreement has been recorded against the property prior to the issuance of the first certificate of occupancy.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)

30-98.10 - Alameda Public Art Fund.

a.

There is hereby created the Alameda Public Art Fund to account for the public art in-lieu contributions made pursuant to Section 30-98.4 and any and all gifts, grants, donations, or other revenues appropriated or received for public art. The revenues in the Alameda Public Art Fund shall be used solely as follows:

1.

Acquisition, commission, design, installation, improvement, and insurance of public art;

2.

City acquisition of real property or improvement of public property for the purpose of displaying public art, which has been or may be subsequently approved by the City;

3.

Grants to provide publicly accessible cultural arts and arts programming to benefit the Alameda community.

4.

Other expenses associated with implementation, conservation, maintenance, or deaccession of public art. Funds for conservation, maintenance or deaccession of public art shall be prioritized for public art on public property.

b.

Public art shall be located in a publicly accessible place on private property, on land or in a building owned by the City of Alameda or on government-owned publicly accessible property. Cultural arts and arts programming shall be free of charge to the public.

c.

For public art, the property owner on which the public art is located shall maintain, or cause to be maintained, in good condition the public art for its lifetime and shall perform necessary maintenance to the satisfaction of the City, as established in a long-term maintenance plan approved by the Public Art Commission and reflected in a recorded maintenance agreement.

d.

Based on the Alameda Public Art Fund balance at the time a request for proposals is released, no more than twenty-five (25%) percent of the Alameda Public Art Fund shall be distributed for cultural arts and arts programming.

e.

The Public Art Commission shall present biennially to the City Council recommendations for the distribution of any portion of the Alameda Public Art Fund.

f.

The Alameda City Council shall authorize expenditures from the Alameda Public Art Fund consistent with the purpose of this article, except that the City Manager shall be authorized to approve expenditures within the City Manager's spending authority. All requisitions and purchases shall be authorized consistent with approval authorizations in the City of Alameda Purchasing Policy. The City Manager shall notify the Council of any expenditure approved by the City Manager for any new art work or project. Any two Members of the Council may call the City Manager's decision for review within ten days of the City Manager's notification. If no call for review is timely perfected, the City Manager's decision shall become final and effective.

g.

If real property purchased with monies from the Alameda Public Art Fund is subsequently sold, the proceeds from the sale shall be returned to the Alameda Public Art Fund.

(Ord. No. 3199 N.S., § 1, 11-7-2017; Ord. No. 3303, § 2, 9-7-2021)