30-5 - GENERAL PROVISIONS AND EXCEPTIONS.

The regulations specified in this article shall be subject to the following general provisions and exceptions.

(Ord. No. 535 N.S. § 11-14A1; Ord. No. 1277 N.S.)

Where uncertainty exists as to the boundaries of any district shown on the zoning map(s), the following rules shall apply:

a.

Where such boundaries are indicated as approximately following property, street or alley lines, such lines shall be construed to be such boundaries.

b.

In unsubdivided property, and where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by use of the scale appearing on the zoning map(s).

c.

A symbol indicating the classification of property on the zoning map(s) shall in each instance apply to the whole of the area within the district boundaries.

d.

Where a public street, alley or parcel of land is officially vacated or abandoned, the regulations applicable to abutting property shall apply equally to such vacant or abandoned street or alley.

(Ord. No. 535 N.S. § 11-14A2; Ord. No. 1277 N.S.)

In interpreting and applying the provisions of this article, unless otherwise stated, they shall be held to be the minimum requirements for the promotion and protection of the public safety, health and general welfare.

(Ord. No. 535 N.S. § 11-14A3; Ord. No. 1277 N.S.)

30-5.4 - Relationship to Other Regulations to and to Private Restrictions.

a.

Where conflict occurs between the regulations of this article and any Building Code or other regulations effective within the City, the more restrictive of any such regulations shall apply.

b.

It is not intended that this article shall interfere with or abrogate or annul any easement, covenants or other agreements now in effect; provided, however, that where this article imposes a greater restriction than is imposed or required by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of this article shall apply.

(Ord. No. 535 N.S. § 11-14A4; Ord. No. 1277 N. S.)

The following accessory uses, in addition to those hereinbefore mentioned, shall be permitted:

a.

The renting of rooms and/or the providing of table board for not more than three (3) paying guests in a single-family dwelling structure.

b.

The operation of necessary service facilities and equipment in connection with hotels and schools, colleges, and other institutions when located on the site of the principal use.

c.

Recreation, refreshment and service buildings in public parks, playgrounds and golf courses.

(Ord. No. 535 N.S. § 11-14A5; Ord. No. 1277 N.S.; Ord. No. 2377 N.S.)

30-5.6 - Building Site, Areas and Easements.

a.

Exceptions for non-conforming lots. Any lot of record that does not conform to current lot area, width, depth, and/or frontage requirements is subject to the following minimum required yards, unless a smaller

yard is required by the current regulations.

1.

Interior lots. The following regulations apply to non-conforming interior lots.

A.

Front yard. The front yard of a lot less than one hundred (100') feet deep shall be equal to the average of the setback of the adjoining properties having the same frontage. In computing the average, any adjoining setback greater than twenty (20') feet shall be considered as twenty (20') feet; provided, further, that in the absence of a building on the adjoining property, such property shall be assumed to have a setback of twenty (20') feet.

B.

Rear yard. The rear yard of a lot less than one hundred (100') feet deep shall be twenty (20%) percent of the average lot depth of the subject lot, but in no case less than twelve (12') feet.

2.

Corner lots. The following regulations apply to non-conforming corner lots.

A.

Front yard. As regulated in paragraph a.1.A., except that on the street-side side yard the adjoining setback shall be assumed to be twenty (20') feet.

B.

Rear yard. As regulated in paragraph a.1.B.

b.

Adjustments to Minimum Rear Yard Requirements For Certain Waterfront Parcels. The following adjustments to the minimum required rear yards otherwise prescribed by the subject zoning district (i.e. the minimum required setback from the rear property line) apply to parcels which are either immediately adjacent to, or adjacent to interceding public tidal lands (i.e. "public trust lands") which are immediately adjacent to, the Tidal Canal, San Leandro Bay or San Francisco Bay:

1.

Additional setback requirements for parcels immediately adjacent to water. For parcels where the rear property line is either: a) at the same elevation as the higher high water line, or b) is at a lower elevation than the higher high water line (i.e. the rear property line is submerged), the minimum required rear setback shall be measured from the higher high water line as if it were the rear property line.

2.

Special Adjustments to Setback Requirements For Parcels Adjacent to Those Interceding Public Lands Which Do Not Have Public Access. For parcels with interceding public lands between the parcel's rear property line and the higher high water line (such as public tidal lands owned and/or managed by federal, state or local agencies which do not have public access, but portions of which may be leased to owners of adjacent parcels for public use), the minimum required rear setback shall be measured from the higher high water line (which falls within the interceding property) as if it were the rear property line of the subject parcel, thereby reducing the minimum required rear setback from that prescribed by the subject zoning district. However, in no case shall the subject parcel have a rear setback from the actual rear property line of less than three (3′) feet. The above adjustment to minimum rear setback requirements does not apply to parcels adjacent to public or private waterfront lands which have been improved as parklands, trail easements, or similar amenities.

3.

Exceptions to Setback Requirements For Waterfront Lots May Be Granted. Notwithstanding the minimum rear yard requirements of the subject zoning district, exceptions to the rear setback requirements prescribed for waterfronts regulated by this subsection (paragraphs 1. and 2. above), may be approved subject to the notification and approval process for improvements requiring Major Design Review, as outlined in Section 30-27, Design Review Requirements. Exceptions to reduce the minimum required rear setback, but not to less than three (3′) feet from the actual rear property line, may be granted with Major Design Review approval, with the additional and specific finding that the proposed encroachment into the setback otherwise required by this subsection will not substantially impair the adjoining neighbors' views of the water and hillsides beyond.

4.

Exemptions for Piers and Floating Docks. Notwithstanding the minimum rear yard requirements of the subject zoning district and the specific setback requirements of this subsection, piers and floating docks are exempt from such minimum yard and setback requirements, and may be built up to and across the property line of adjacent public tidal lands, provided all permit requirements of the A.B.C., A.M.C., and applicable governmental agencies (e.g. B.C.D.C.) are met.

(Ord. No. 535 N.S. § 11-14A6; Ord. No. 1277 N.S.; Ord. No. 1371 N.S.; Ord. No. 1729 N.S.; Ord. No. 2428 N.S. § 12; Ord. No. 2920 N.S. § 11; Ord. No. 3333 N.S., § 5, 12-6-2022; Ord. No. 3373 N.S., § 2, 6-182024)

30-5.7 - Projections from Buildings and Roof Planes, Permitted Encroachments and Treatments of Minimum Required Yards.

a.

Minimum Required Front Yards, and Street Side Yards On Corner Lots, Shall be Landscaped. Excepting walkways, and driveways and staircases as permitted by this Article, minimum required front yards, and street side yards on corner lots, within residential zones, and for residential uses in non- residential zones may not be paved and shall be used exclusively for landscaping.

b.

Architectural Features. Canopies, eaves, cornices, sills, beltcourses, fireplaces, galleries, sunshades and similar architectural features, but not including any wall or window surface, may extend into any required yard a distance not exceeding two (2′) feet; however in no case shall such features have a setback of less than three (3′) feet from the property line.

1.

Special Exemptions for Eaves. An exemption to allow a building eave with a setback of less than three (3′) feet from a property line may be granted by the Planning and Building Director concurrently with, and subject to the required finding for, the approval of a residential addition with less than the required minimum side yard as permitted by subsection k., and subject to the approval of the Building Official.

c.

Decks. Decks, and similar features such as uncovered porches and cantilevered balconies shall conform to the standards as prescribed below:

1.

Measurement of Height.

(a)

The height of each level of a deck shall be calculated separately and the required setback that correlates with the height of each level shall be applied to the portion of the deck at that level.

(b)

On sites with a slope of ten (10%) percent or greater deck heights may be averaged and setbacks calculated based on the average height of numerous points. In such cases, any configuration of terraces or levels may be approved that provides for privacy for adjoining properties, lack of impacts from shading of adjoining properties, and safety without precisely meeting the setback requirements of this subsection.

2.

Setback Requirements.

(a)

Decks of up to, and including, twelve (12′′) inches in height may encroach into any required side and rear yard.

(b)

Decks over twelve (12′′) inches to not more than thirty (30′′) inches in height may encroach into any required side and rear yard, but shall maintain a minimum setback of three (3′) feet from the side and rear property lines.

(c)

No deck that exceeds thirty (30′′) inches in height at any point shall be permitted to encroach into a required yard area.

3.

Privacy Screening Requirement for Decks Exceeding Thirty (30′′) Inches in Height. Notwithstanding safety railing requirements prescribed by the A.B.C., and the limitations on barrier height prescribed in Section 305.14, decks above thirty (30′′) inches in height, and all roof decks may be required as a condition of Design Review approval to provide privacy screening barriers, and/or landscaping of sufficient height deemed sufficient to provide adequate screening, to mitigate potential privacy impacts. At no time, however, shall the top elevation of any railing or privacy screen for such decks exceed the building height limit of the subject zone.

4.

Decks and Conformance to Maximum Building Coverage. Decks above thirty (30′′) inches in height and in excess of two hundred (200) square feet in size shall be considered as part of the building coverage requirements. Decks subject to coverage requirements shall be calculated at fifty percent (50%) of their area in excess of two hundred (200) square feet.

5.

Exceptions to Setback Requirements for Small Decks. Decks which are less than fifty (50) square feet, have no exterior access and are cantilevered or supported from the structure may be allowed to extend three (3′) feet into the required front, rear or street-side yard; however, in no case shall such a deck have a setback of less than three (3′) feet from any property line. Such decks shall not project more than six (6′) feet from the supporting wall to its furthest outward extension.

d.

Window and Roof Projections.

1.

Window Projections. Bay, garden and greenhouse windows, and similar features that increase either floor area or enclosed space, may extend three (3′) feet into any required front, rear, side or street-side yard, however in no case shall such features have a setback of less than three (3′) feet from a property line, and are subject to the following regulations and the regulations in paragraph (3), below: Bay windows shall not encroach into yard areas at any other level than the story on which the window openings or glazings are located except that ornamental brackets or canopies may be required and approved through Design Review.

2.

Roof Projections. Dormers may project from the roof plane, however in no case shall such features have a setback of less than three (3′) feet from the property line or exceed the building height limit of the subject zone, and are subject to the regulations in paragraph (3), below:

Minimum Separation Spacing and Size Limitations for Projections. Encroaching window projections, and all roof projections, are subject to the following dimensional requirements:

(a)

The maximum length of each projection shall be ten (10′) feet and the minimum horizontal separation between projections shall be five (5′) feet.

(b)

Such features shall not extend horizontally across more than one-half (½) of the linear wall or roof surface to which they are affixed.

e.

Stairs and Landings.

1.

General Exception. Uncovered stairs and landings may encroach into any required front and rear yard a distance not exceeding six (6′) feet (i.e. for the placement of stairs and landings, the minimum required front and rear setback is reduced from twenty (20′) feet to fourteen (14′) feet); and into any required side yard and minimum required street side yard a distance not exceeding one-half (½) the width of the required side yard or three (3′) feet, whichever is less.

2.

Special Exception for Historic Structures. A reconstructed staircase that is to be attached to the facade of an historical structure as defined in Section 30-2, may encroach into the minimum required front yard a distance not to exceed seventeen (17′) feet (i.e. for the placement of reconstructed stairs and landings on historic structures, the minimum required front setback is reduced from twenty (20′) feet to three (3′) feet) providing that the design of such staircase conforms to the original historic design, allowing for minor modification to accommodate requirements mandated by the A.B.C., or alterations in the finished floor elevation, subject to the approval of the Planning and Building Director and Building Official.

f.

Accessory Buildings. Accessory buildings may be located within minimum required side and rear yards, and shall conform to the following:

1.

Height Limits. Accessory buildings shall not exceed one (1) story, and shall not exceed a height of ten (10′) feet at the top of a parapet or at the point where the side elevation intersects with the roof, with the following exceptions:

(a)

The height at the ridge of the roof may exceed the above height limitation, up to a maximum height of fifteen (15′) feet.

(b)

The front and rear elevations may exceed the ten (10′) foot height limit up to the fifteen (15′) foot height at the ridge of the roof; however, in no case shall the fifteen (15′) foot ridge height be extended along the entire front or rear elevation.

(c)

The height at the top of the front or rear elevation's parapet may exceed the above height limitation, up to a maximum height of twelve (12′) feet.

2.

Maximum Rear Yard Coverage. Accessory buildings shall not cover more than six hundred (600) square feet or sixty (60%) percent of the minimum required rear yard as prescribed by the subject Zoning District, whichever is greater. That portion of an accessory building which is outside the minimum required rear yard is subject to maximum main building coverage limitations of the subject zone.

3.

Minimum Setbacks from Side Property Lines. If located less than seventy-five (75′) feet from the front property line, the accessory building shall observe a five (5′) foot side yard setback. If the accessory building is to be located seventy-five (75′) feet, or more, from the front property line, it may be built up to the interior side property line(s), provided that all construction within three (3′) feet of the property line (including eaves and similar architectural features) is one (1) hour fire resistive as required by the A.B.C., as approved by the Building Official.

4.

Minimum Setback from Rear Property Line. If located within that portion of the minimum required rear yard that adjoins the neighbors' required minimum rear yard(s), the accessory building may be built up to the rear property line, provided that all construction within three (3′) feet of the property line (including eaves and similar architectural features) is one (1) hour fire resistive as required by the A.B.C., as approved by the Building Official. If the proposed accessory building is to be located within that portion of the minimum required rear yard that does adjoin the neighbors' required minimum rear yard(s) (i.e., adjacent to that part of the neighbor's side property line not within his/her minimum required rear yard), a minimum five (5′) foot setback from the rear property line shall be maintained.

5.

Minimum Separation from Neighboring Structures. There shall be a minimum of six (6′) feet separating all construction (including eaves and similar architectural features) of the accessory building(s) from the main building(s) or other accessory building(s). The separation requirements of this paragraph may be reduced by the Community Development Director and Building Official if one (1) hour fire resistive construction is utilized and/or occupancy classification of the subject buildings allow for a lesser separation, as specified by the A.B.C.

Reconstruction of Legally Nonconforming Buildings. Notwithstanding the limitations prescribed by Section 30-20, Nonconforming Buildings and Uses, legally nonconforming accessory building(s) with conforming residential uses in residential zoning districts may be reconstructed, with an equal or lesser nonconformity to the size, and location requirements of this subsection (i.e., paragraphs 2. through 4.), subject to the approval process for improvements, as outlined in Section 30-37, Design Review Regulations, and allowing for modifications to the height and/or roof configuration, provided that the resulting design does not exceed the height limitation prescribed by paragraph 1. of this subsection. Such reconstruction may occur as part of any duly permitted project to repair, remodel or replace the existing nonconforming structure.

7.

Accessory buildings shall not include a kitchen unless the accessory building is an accessory dwelling unit per the requirements of Section 30-5.18, or the kitchen is approved with a use permit for a home occupation on a residential lot.

g.

Patio Structures. Patio structures attached to or detached from a main or accessory building may encroach into any minimum required side yard or rear yard. But shall:

1.

Not exceed a maximum height of twelve (12′) feet, as measured from grade. A detached patio structure, if not located within a minimum required yard, may be permitted to a height not to exceed fifteen (15′) feet, subject to approval of the Planning and Building Director and Building Official.

2.

Conform to the building coverage requirements prescribed for accessory buildings in subsection 30-5.7.f.2 of this section, regardless of whether the patio structure is attached to or detached from a main or accessory building.

3.

Observe a minimum five (5′) feet setback from the side and rear property lines. No part of the patio cover may extend within three (3′) feet of the property line.

4.

Have a minimum six (6′) foot distance separating all elements of a detached patio structure (including eaves and similar architectural features) from the main building(s) or accessory building(s). The separation requirements of this paragraph may be reduced by the Planning and Building Director and Building Official if the occupancy classification of the subject buildings allow for a lesser separation, as specified by the A.B.C.

5.

Not occupy any portion of the front half of a corner lot.

6.

Not be enclosed by any walls, partial solid panel wainscoting, and/or glazing, excepting for those walls of the adjoining main and/or accessory building(s), which may not constitute: (a) more than two (2) of the four (4) sides of the patio structure; and (b) more than fifty (50%) percent of the patio structure's perimeter. Patio structures may be fitted with removable clear plastic or screen mesh panels and/or retractable shade screens, as regulated under the A.B.C.

h.

Pools, Spas, Mechanical Equipment, and Outdoor Living Elements.

1.

Pools or spas that are constructed and/or permanently located "in-ground," and any mechanical equipment for such pools or spas, may be located within a minimum required rear and side yard, providing that a minimum five (5′) foot setback is maintained from any property line.

2.

Portable pools, spas, hot tubs, and similar features which are determined by the Building Official not to be structures, are not subject to either the setback requirements for accessory buildings prescribed in subsection f. of this section, or those setback requirements for permanent "in-ground" spas prescribed in paragraph 1., above, except that no mechanical equipment for such portable pools or spas shall be placed within five (5′) feet of any property line.

3.

Outdoor living elements such as barbeque grills, outdoor kitchens, chimneys, fire pits and similar features which are determined by the Building Official to be constructed and/or permanently located "in-ground" may be located within a minimum required rear or side yard, provided that a minimum five (5′) foot setback is maintained from any property line.

i.

Driveways. Driveways may be located within minimum required front yards, and minimum required street side yards of corner lots, subject to the regulations prescribed in section 30-7.8.

j.

Structures for Disabled Access. Uncovered wheelchair ramps or other structures providing disabled access may encroach into any required front, side, street side, or rear yard as long as the access structure provides continuous access from the street or parking area to an entrance of the building. The encroachment shall be the minimum necessary to provide safe and adequate access.

k.

Exceptions to Allow Additions with Less Than the Required Minimum Side Yards. If a main building has less than the required side yard setback, additions may be approved with existing setbacks, or none, if none

exist, if the following finding can be made: no major adverse effects such as significant shading or significant view blockage will occur on adjoining properties relative to existing conditions and relative to an addition built with a conforming setback.

1.

New cantilevered projections, above the first story which are to have the same or less horizontal area as an existing first story projection, may be approved with the existing projection's setbacks.

2.

If necessary to make the finding in the section above, or to address Design Review or building code concerns, the Director may require a setback greater than those existing, but still allow a setback(s) that is less than the minimum required side yard or street side yards of corner lots prescribed by the subject zoning district.

l.

In exception to the setback requirements of this chapter for stories above the ground floor, an addition at the second floor level may be approved with exterior walls in the same plane as the walls of the existing building below if the following finding can be made: no major adverse effects such as significant shading or significant view blockage will occur on adjoining properties relative to existing conditions and relative to an addition built with a conforming setback.

1.

If necessary to make the finding in the section above, or to address Design Review or building code concerns, the Director may require a setback greater than those existing, but still allow a setback(s) that is less than the minimum required side yard or street side yard of corner lots prescribed by the subject zoning district.

m.

Exceptions to Allow Extension of Roof Ridges and Roof Pitch with Heights Greater Than the Maximum Building Height Limitation. If a main building exceeds the maximum building height for the district in which it is located, main building additions may be approved that extend upon the same height roof, ridge, pitch, and plane as the existing roof structure providing that the following findings can be made: (1) no major adverse effects such as significant shading or significant view blockage will occur on adjoining properties relative to existing conditions and relative to an alternative design with the roof extension built in compliance with the maximum building height; (2) the ridge and/or pitch continuation complies with the City of Alameda Building Code.

(Ord. No. 2920 N.S. § 13; Ord. No. 2943 N.S. §§ 12, 13; Ord. No. 2947 N.S. § 1; Ord. No. 3168 N.S., §§ 3, 8, 9, 11-15-2016; Ord. No. 3184 N.S., § 8, 7-5-2017; Ord. No. 3333 N.S., § 5, 12-6-2022)

Towers, spires, chimneys, machinery, penthouses, scenery lofts, cupolas, radio aerials, television antennas and similar architectural and utility structures and necessary mechanical appurtenances may be built and

used to a height not more than twenty-five (25′) feet above the height limit established for the district in which the structures are located; provided, however, that no such architectural or utility structure in excess of the allowable building height shall be used for sleeping or eating quarters or for any commercial or advertising purposes. Additional heights for public utility structures may be permitted upon approval by the Planning Board. Height limitations provided herein shall not apply to electric transmission lines and towers, unless they encroach on any officially designated aircraft approach zone.

(Ord. No. 535 N.S. § 11-14A8; Ord. No. 1277 N. S.; Ord. No. 2920 N.S. § 14)

Editor's note— Ord. No. 3333 N.S., § 5, adopted December 6, 2022, repealed § 30-5.9, which pertained to blast and/or fall-out shelter exceptions and derived from Ord. No. 1389 N.S.

To support and encourage construction of small, transit-oriented, affordable dwelling units in residential districts, a proposed housing development in the R-1 through R-6 districts that are within one-quarter (¼) mile of a high quality transit corridor in which all the new dwelling units are one thousand two hundred (1,200) square feet or less in size shall be exempt from the maximum residential density limitations of the applicable zoning district, any minimum on-site open space standards of the applicable zoning district, and any height limitation less than forty (40′) feet shall be allowed a height of forty (40′) feet. For the purposes of this subsection, the one-quarter-mile distance shall be measured in a straight line from the closest point on the subject property to the closest point on the high quality transit corridor right-of-way center line. Deedrestricted affordable units shall be exempt from the unit size limitation.

(Ord. No. 3333 N.S., § 5, 12-6-2022)

Editor's note— Ord. No. 3333 N.S., § 5, adopted December 6, 2022, amended § 30-5.10 in its entirety to read as herein set out. Former § 30-5.10, pertained to corner lots, and derived from Ord. No. 1729 N.S.

To support and encourage construction of new housing units within existing buildings, addition of one (1) or more dwelling units within an existing building located in a zoning district that permits residential uses shall be exempt from any applicable residential density standards. The exemption shall not apply if the proposal includes modifications to the exterior of the building that are not exempt from Design Review pursuant to Section 30-37 2.b Exempt Improvements. Within the R-1 through R-6 Districts, the exemption is limited to four additional units. Proposals to add more than four units to an existing residential structure in the R-1 through R-6 District shall require a conditional use permit, unless the additional units meet the requirements of Section 30-5.18.c.1.(b).

(Ord. No. 3333 N.S., § 5, 12-6-2022)

Editor's note— Ord. No. 3333 N.S., § 5, adopted December 6, 2022, amended § 30-5.11 in its entirety to read as herein set out. Former § 30-5.10, pertained to cul-de-sac lots and derived from Ord. No. 1729 N.S.

Usable open space consists of private open space and common open space. Usable open space is that area of a subject property which is landscaped or otherwise developed and maintained for recreation or outdoor living by the occupants. Usable open space shall not include yards or other areas having a width of less than eight (8′) feet, except for balconies which may have a minimum horizontal dimension of five (5′) feet, or areas devoted to automobile access or storage. The following areas shall constitute usable open space as required in this article.

a.

Common open space consisting of a porch, patio, court or other outdoor living area which has common access from more than one (1) dwelling unit and which has a minimum area of three hundred (300) square feet and a minimum horizontal dimension of fifteen (15′) feet. Common open space may include structures defined as patio covers in Section 30-2 (Definitions) provided that they are accessory to common open space as herein defined. Common open space may not include required front yards.

b.

Private balcony attached to a dwelling unit with an area of at least sixty (60) square feet and a minimum horizontal dimension of five (5′) feet.

c.

Porch, deck, patio, or court on ground level accessible from only one (1) unit with a minimum area of one hundred twenty (120) square feet, and a minimum horizontal dimension of ten (10′) feet, and is unenclosed for at least two-thirds (⅔) of its perimeter except for screen fencing not more than six (6′) feet high.

d.

Roof deck with an area of not less than one hundred twenty (120) square feet and a minimum horizontal dimension of ten (10′) feet.

The Planning Board may consider provision of off-site open space in lieu of on-site 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.

(Ord. No. 2933 N.S. § 6)

(Ord. No. 3223 N.S., § 1, 9-18-2018; Ord. No. 3333 N.S., § 5, 12-6-2022)

Editor's note— Ord. No. 3333 N.S., § 5, adopted December 6, 2022, repealed § 30-5.13, which pertained to multiple houses and derived from Ord. No. 1757 N.S.

Barriers, as defined herein, may be construed in all land use districts within the property boundaries of the individual lots according to the definitions, standards, and provisions of this subsection.

a.

Purpose. The purpose of this section shall be:

1.

To provide adequate light and air into and between buildings and streets.

2.

To protect the character of Alameda's neighborhoods and promote the objectives of the "Design Review Manual."

3.

To develop streets which encourage pedestrian use through the maintenance of visually pleasant streetscapes.

4.

To protect public health and safety by prohibiting potentially dangerous fencing materials and by limiting fence heights in visibility zones.

b.

Definitions. The definitions included in this subsection are a partial list of definitions which are specific to the interpretation of this subsection. Additional definitions are listed in section 30-2.

1.

Arbor is defined as a decorative latticework structure or trellis made of see-through style materials which is used as an entrance focal point along a barrier.

2.

Barrier is defined as anything which is used as a boundary or means of protection or confinement including but not limited to, fences, walls, and hedges and the elements of such barriers including, but not limited to, posts and other supporting framework.

3.

Building Envelope is the area of land on a parcel within the required yards for a main building as regulated by this chapter.

4.

Chain-Link Fencing is defined as any fencing composed of or appearing to be composed of diagonal grid woven wire fencing material including, but not limited to, cyclone fencing, chain-link fencing, or diamond shaped plastic-link fencing.

Edge of Vehicular Travel Way is the curb-line of a public or private roadway or the edge of payment or driveway where no curb-line exists.

6.

Grade is defined as the lowest point of elevation of the finished surface of the ground, paving or sidewalk.

7.

Public or Quasi-Public Land Uses are those uses including, but not limited to, public streets; public open space and waterways; commonly owned, private open spaces and waterways; schools and their grounds; churches and their surrounding open areas; and other non-residential, institutional uses.

8.

See-Through Style refers to any fencing material in which the amount of opaque fence material, excluding its supporting posts, is less than fifty (50%) percent of any square foot of said fencing material and may include, but is not limited to, pickets, lattice, or decorative wrought iron.

9.

Street Side Yard is the area of a corner lot that consists of the side yard adjacent to the street, and that portion of the rear yard that would be included in the rearward extension of the side yard adjacent to the street.

10.

Visibility Zone is determined by the City Engineer, and is generally the area on a corner of two (2) intersecting vehicular travel ways encompassed by a triangle, two (2) of the sides of which are no less than twenty (20′) feet in length and are coincident with the edge of a vehicular travel way, except in specific cases where the City Engineer determines that safety considerations require a modified visibility zone.

c.

Barrier Heights. Barrier heights shall be subject to the following limitations, except as otherwise specifically provided in this title:

1.

The height of a barrier at any given point shall generally be the distance between the maximum vertical extent of the barrier at that point and the level of the grade within eighteen (18″) inches horizontally of a point directly below a given point.

The height of barrier over the Bay shall be measured starting at four (4′) feet above City of Alameda datum, which is the same as sixteen and one half (16.5) feet above mean lower low tide.

2.

In front yards on residentially zoned or developed properties barriers shall not exceed three (3′) feet in height except as permitted elsewhere in this subsection.

3.

In side and rear yards on residentially zoned or developed properties barriers shall not exceed six (6′) feet in height, except as permitted elsewhere in this subsection.

4.

In required setback areas on parcels in commercial and industrial districts barriers shall not exceed eight (8′) feet in height, except in visibility zones or on residentially developed lots, as permitted elsewhere in this subsection.

5.

In visibility zones no barrier shall exceed three (3′) feet in height.

d.

Exceptions to Limitations on Barrier Height:

1.

Barriers otherwise limited to three (3′) feet in height may be vertically extended up to four (4′) feet in height with see-through style fencing material.

2.

Barriers otherwise limited to three (3′) feet in height may be vertically extended up to five (5′) feet with seethrough style fencing material, subject to approval by the Planning Director, who shall consider the compatibility of the fence design with its site and surrounding uses.

3.

Barriers otherwise limited to six (6′) feet in height may be extended up to eight (8′) feet in height with seethrough style fencing material.

4.

Barriers located within a permitted building envelope may be extended up to the allowed building height in that zone as permitted by this chapter.

5.

Arbors and decorative fence posts, subject to approval by the Planning Director, who shall consider the compatibility of the arbor or fence post with the barrier, its site and surrounding uses.

e.

Prohibited Fencing Materials:

Barbed wire, razor wire and other similar materials shall not be permitted as any part of any barrier, as defined and regulated by this section.

2.

The use of chain-link fencing shall not be permitted as a part of any barrier on a residentially zoned or developed property except as specifically permitted by this section.

f.

Exceptions to Prohibited Fencing Material:

1.

Chain-link fences up to six (6′) feet in height may be permitted in rear and side yards on residentially developed properties, where such yard is not a street side yard nor a rear yard of a corner or doublefrontage lot, and where any such yard is not adjacent to public and quasi-public land uses.

2.

If not otherwise permitted, and where no feasible fencing material alternative exists, chain-link fences, not located in the front yard of residentially developed parcels, may be permitted when required for recreation or safety reasons, subject to Use Permit Approval, which shall be conditioned to mitigate negative visual impacts. Such conditions may include, but are not limited to any or all of the following:

(a)

Inclusion of decorative elements, such as varied mesh sizes, vinyl or other colored coating, and alternative post materials.

(b)

Inclusion of landscaping or other screening alternative fence locations.

(c)

Maintenance of fencing materials and landscaping.

g.

Non-Conforming Fences. Non-conforming fences may be permitted as regulated by subsection 30-20.3.

h.

Non-Residential Fences. On non-residentially developed or zoned properties, any permanent or temporary barrier which is visible from a public right-of-way or public access easement, shall require an administrative use permit pursuant to section 30-21.4 unless such barrier is included as part of a use permit governing the greater use of the property, a development plan approved pursuant to a planned development zoning, or a design review approval or unless the fence is required to address health or safety concerns caused by fire or other natural disaster for not more than thirty (30) days. Barriers of chain link or similar material shall be

screened, and all barriers shall provide adequate access for safety and emergency personnel. Administrative use permits for temporary fences shall be conditioned to require removal of the fence in six (6) months. Requests for extensions to the six-month term shall require a use permit approved by the planning board.

i.

Screening. All exterior storage on the property shall be screened from view by a wall or other approved screening material, rising two (2′) feet above the stored goods; provided, that no such screen or wall shall exceed ten (10′) feet. All storage areas shall be surfaced to provide a durable and dust-free surface and properly graded so as to dispose of all surface water. When feasible, outdoor storage areas should be located at the rear of the property. For walls or fences located next to street right-of-way, landscaping shall be located in front of the fence or wall. All off-street parking and truck loading areas must be screened from view of any public right-of-way by a low wall or landscaping screen.

(Ord. No. 2630 N.S. § 3)

(Ord. No. 3009 N.S., § 1, 11-3-2009; Ord. No. 3072 N.S., § 5, 5-7-2013)

Editor's note— Ord. No. 3009 N.S., § 1, adopted Nov. 3, 2009, added subsection 30-51.4e. to the Code. Inasmuch as subsections e. through g. already existed, the new provisions have been redesignated as h. at the city's instruction.

Editor's note— Ord. No. 3206 N.S., § 1, adopted December 19, 2017, repealed § 30-5.15, which pertained to medical marijuana dispensaries and cultivation and derived from Ord. No. 3017 N.S., adopted May 18, 2010 and Ord. No. 3146, adopted January 19, 2016.

a.

Purpose and Applicability.

1.

Purpose. The purpose of this section is to establish performance standards for uses of land and buildings in all districts, in order to ensure that other properties, as well as persons in the community, are provided protection against any adverse conditions that might be created as a result of such uses.

2.

Applicability. The performance standards apply to all new and existing land uses, including permanent and temporary uses, in all zoning districts, unless otherwise specified. Existing uses shall not be altered or modified to conflict with, or further conflict with, these standards.

General Conditions. The performance standards are general requirements and shall not be construed to prevent the Planning Director, Planning Board, or City Council from imposing, as part of project approval, specific conditions that may be more restrictive in order to meet the intent of these regulations.

b.

Bird-Safe Buildings. This section shall be known as the Bird-Safe Building Ordinance.

1.

Purpose. The purpose of this section is to reduce bird mortality from windows or other specific building features known to increase the risk of bird collisions.

2.

Applicability. The bird-safe building standards apply to the following types of projects when such projects require a building permit.

(a)

New Construction. New buildings that are greater than thirty-five (35) feet in height, and that have one or more façades in which glass constitutes fifty (50%) percent or more of the area of an individual facade. The bird-safe glazing requirement must be met on any window or unbroken glazed segment with an area of twelve (12) square feet or more located on such façade.

(b)

Window Replacement. On buildings that are greater than thirty-five (35) feet in height, and that have one or more façades in which glass constitutes fifty (50%) percent or more of the area of an individual façade, the replacement of any window or other rigid transparent material with an area of twelve (12) square feet or more. The requirement does not apply on existing windows that are not proposed to be replaced.

(c)

New or Replaced Glass Structures. Any structure that has transparent glass walls or any unbroken glazed segment twenty-four (24) square feet or more in size, including but not limited to freestanding glass walls, wind barriers, skywalks, balconies, greenhouses, and rooftop appurtenances.

3.

Exemptions. The bird-safe building standards shall not apply to the following:

(a)

Historical Structures. The replacement of existing glass on historical structures. However, the standards shall apply to new exterior additions to historical structures, and new construction on the site of historical structures, that are differentiated from the historical structures, if determined by the Planning Director to be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties.

(b)

Glazing on Commercial Storefronts. The ground floor of commercial storefronts directly fronting a public street, alley, or sidewalk.

4.

Standards.

(a)

Bird-Safe Glazing Requirement. At least ninety (90%) percent of the glazing on any building façade or freestanding glass structure shall include features that enable birds to perceive the glass as a solid object. The requirement can be satisfied by using one or more of the following treatments to be determined by the Planning Director as part of an application for a building permit:

(i)

External screens installed permanently over glass windows such that the windows do not appear reflective.

(ii)

Light-colored blinds or curtains.

(iii)

Opaque glass, translucent glass, or opaque or translucent window film.

(iv)

Paned glass with mullions on the exterior of the glass.

(v)

Glass covered with patterns (e.g., dots, stripes, images, abstract patterns, lettering). Such patterns may be etched, fritted, stenciled, silk-screened, applied to the glass on films or decals, or another method of permanently incorporating the patterns into or onto the glass. Elements of the patterns must be at least one-eighth (⅛) inch tall and separated no more than two (2) inches vertically, at least one-quarter (¼) inch wide and separated by no more than four (4) inches horizontally, or both (the "two-by-four rule").

(vi)

Ultraviolet (UV)-pattern reflective glass, laminated glass with a patterned UV-reflective coating, or UVabsorbing and UV-reflecting film that is permanently applied to the glass. Where patterns are used, they shall meet the two-by-four rule.

(vii)

Other glazing treatments providing an equivalent level of bird safety and approved by the Planning Director as part of building plan review.

(b)

Alternative Compliance. As an alternative to meeting subsection 4(a), Bird-Safe Glazing Requirement, an applicant may propose building and fenestration designs and/or operational measures that will minimize bird collisions and achieve an equivalent level of bird safety. The applicant shall submit a bird collision reduction plan along with the application for design review or other discretionary permit required for the project. The bird collision reduction plan shall be prepared by a qualified biologist. Design and operational solutions may include but need not be limited to the following techniques, singularly or in combination:

(i)

Layering and recessing glazed surfaces.

(ii)

Angled or faceted glazing that minimizes reflectivity and transparency.

(iii)

Louvres.

(iv)

Overhangs and awnings.

(v)

Glass block.

(vi)

Bird netting.

(vii)

Decorative grilles that allow birds to perceive the grilles, together with the glass behind them, as solid.

(viii)

Glass embedded with photovoltaic cells.

(ix)

Placement of landscaping in such a way as to minimize bird collisions.

c.

Outdoor Lighting. This section shall be known as the Alameda Dark Skies Ordinance.

1.

Purpose. The standards of the Alameda Dark Skies Ordinance are intended to:

(a)

Allow adequate illumination for safety, security, utility, and the enjoyment of outdoor areas.

(b)

Prevent excessive light and glare on public roadways and private properties.

(c)

Minimize artificial outdoor light that can have a detrimental effect on human health, the environment, astronomical research, amateur astronomy, and enjoyment of the night sky.

(d)

Minimize light that can be attractive, disorienting, and hazardous to migrating and local birds.

2.

Definitions. The following definitions are specific to the interpretation of this section. Additional definitions applicable to the zoning ordinance as a whole are listed in Section 30-2, Definitions.

(a)

Bird Migration Season. Bird migration season shall mean February 15 to May 31 and August 1 to November 30.

(b)

Candela. The standard unit of luminous intensity in the International System of Units. In contrast to lumens, which measure the total light energy emitted by a particular light source, a candela represents a value of light intensity from any point in a single direction from the light source.

(c)

Foot-candle. A unit of measure in the International System of Units for quantifying the intensity of light falling on an object. One (1) foot-candle is equal to one (1) lumen uniformly distributed over an area of one (1) square foot. In contrast with lumens, which measure the light energy radiated by a particular light source, foot-candles measure the brightness of light at the illuminated object.

(d)

Glare. The effect produced by a light source within the visual field that is sufficiently brighter than the level to which the eyes are adapted, so as to cause annoyance, discomfort or loss of visual performance and ability.

(e)

Kelvin. The temperature scale utilized in illumination science to describe the hue/color of the light. A lower value such as two thousand seven hundred (2,700) Kelvin is associated with a "warm" colored light source such as incandescent, while a higher value such as five thousand (5,000) Kelvin is associated with a "cool" colored light source.

(f)

Light Fixture (Luminaire). A complete lighting unit consisting of a lamp or lamps, and ballast(s), where applicable, together with the parts designed to distribute the light, position and protect the lamps and ballasts, and connect the lamps to the power supply.

(g)

Light Trespass. Light emitted by a luminaire that shines beyond the property on which the luminaire is installed.

(h)

Lumen. A unit of measure in the International System of Units for quantifying the amount and rate of light energy emitted by a particular light source. A lumen is equal to the amount of light given out through a solid angle by a source of one (1) candela intensity radiating equally in all directions.

(i)

Shielded Fixture. Light fixtures that are shielded or constructed so that light rays emitted by the lamp are projected below the horizontal plane passing through the lowest point on the fixture from which light is emitted.

(j)

Uplighting. The placement and orientation of lights such that beams of light are directed upward.

3.

Applicability. Unless otherwise expressly stated, the standards of this subsection (c), Outdoor Lighting, apply to any project that requires a building permit or electrical permit for:

(a)

New exterior lighting, including lighting fixtures attached to buildings, structures, poles, or self-supporting structures; or

(b)

Additions or replacements of existing exterior light fixtures, including upgrades and replacements of damaged or destroyed fixtures.

4.

Exemptions. The following types of lighting are exempt from the requirements of this subsection (c), Outdoor Lighting:

(a)

Emergency Lighting. Temporary emergency lighting used by law enforcement or emergency services personnel, a public utility, or in conjunction with any other emergency service.

(b)

Construction Lighting. Temporary lighting used for the construction or repair of roadways, utilities, and other public infrastructure.

(c)

Airport Lighting. Lighting for public and private airports and any other uses that are regulated by the Federal Aviation Administration.

(d)

Lighting Required by Building Codes or Other Regulations. Lighting for communication towers, exit signs, stairs/ramps, points of ingress/egress to buildings, and all other illumination required by building codes, OSHA standards, and other permitting requirements imposed by state or federal agencies.

(e)

Signs. Signs and sign lighting. (See Section 30-6.6, Illumination of Signs, for sign lighting standards.)

(f)

Athletic Field Lights. Athletic field lights used within a school campus or public or private park, provided, however, that athletic field lights shall be selected and installed so as to minimize glare and light trespass outside the playing area. Athletic field lights shall be turned off no later than 11:00 p.m. or where an event requires extended time, no later than thirty (30) minutes after conclusion of the event.

(g)

Neon, Argon, and Krypton. All fixtures illuminated solely by neon, argon, or krypton.

(h)

Fossil Fuel Light. All outdoor light fixtures producing light directly through the combustion of fossil fuels, such as kerosene lanterns, and gas lamps.

(i)

Water Features. Lighting used in or for the purpose of lighting swimming pools, hot tubs, decorative fountains, and other water features.

(j)

Flag Lighting. Lighting used to illuminate a properly displayed United States flag and/or State of California flag.

(k)

Holiday Displays. Seasonal and holiday lighting.

(l)

Temporary Lighting. Temporary lighting allowed under a Special Events Permit or Film/Photography Permit.

5.

Prohibitions. The following types of lighting are prohibited:

(a)

Searchlights. The operation of searchlights, unless allowed on a temporary basis under a Special Event Permit outside of bird migration season or operated by law enforcement or emergency services personnel.

(b)

Aerial Lasers. The use of aerial lasers or any similar high-intensity light for outdoor advertising or entertainment when projected upward, unless allowed on a temporary basis as part of a Special Event Permit outside of bird migration season.

(c)

Mercury Vapor. The installation of new mercury vapor fixtures.

(d)

Other very intense lighting having a light source exceeding two hundred thousand (200,000) initial luminaire lumens or an intensity in any direction of more than two million (2,000,000) candelas.

6.

Standards. Exterior lighting shall be consistent with these standards.

(a)

Shielding. All exterior lighting fixtures shall be fully shielded, and lighting shall be directed downward, with the following exceptions:

(i)

Low-voltage Landscape Lighting. Low-voltage landscape lighting such as that used to illuminate fountains, shrubbery, trees, and walkways, may be unshielded provided that it uses no more than sixty (60) watts, or twelve (12) watt equivalent LED, and emits no more than seven hundred fifty (750) lumens per fixture.

(ii)

Architecture and Public Art. Uplighting may be used to highlight special architectural features, historic structures, public art and monuments, and similar objects of interest. Lamps used for such uplighting shall use less than one hundred (100) watts, or twenty (20) watt equivalent LED, and emit less than one thousand six hundred (1,600) lumens per fixture.

(iii)

Historic Lighting Fixtures. Lighting fixtures that are historic or that exhibit a historical period appearance, as determined by the Planning Director, need not be fully shielded.

(b)

Light Trespass. Exterior lighting shall be directed downward and away from property lines to prevent excessive glare beyond the subject property. No light, combination of lights, or activity shall cast light exceeding one (1) foot-candle onto an adjacent or nearby property, with the illumination level measured at the property line between the lot on which the light is located and the adjacent lot, at the point nearest to the light source.

(c)

Correlated Color Temperature for Light-Emitting Diode (LED) Lighting. All LED light sources shall have a maintained correlated color temperature of less than or within the range of two thousand seven hundred to three thousand (2,700—3,000) Kelvins.

(d)

Security Lighting. Adequate lighting shall be provided to protect persons and property and to allow for the proper functioning of surveillance equipment.

(i)

Security lighting shall consist of shielded fixtures that are directed downward. Floodlights shall not be permitted.

(ii)

Vertical features, such as walls of a building, may be illuminated for security to a height of eight (8) feet above grade.

(iii)

Security lights intended to illuminate a perimeter, such as a fence line, are allowed only if regulated by a programmable motion detection system and compliant with the light trespass limitations in subsection (b).

(iv)

Security lighting fixtures that utilize one hundred (100) or more watts, or twenty (20) watt equivalent LED, or emit one thousand six hundred (1,600) or more lumens shall be controlled by a programmable motionsensor device, except where continuous lighting is required by the California Building Standards Code.

(e)

Parking Lot Lighting. Parking lot lighting shall be consistent with the standards of Section 30-7.17(e).

(f)

Service Station Canopies. Service station canopies are subject to the following standards:

(i)

Lighting fixtures in the ceiling of canopies shall be fully recessed in the canopy.

(ii)

Light fixtures shall not be mounted on the top or fascia of such canopies.

(iii)

The fascia of such canopies shall not be illuminated, except for approved signage.

(g)

Street and Park Lighting. Lighting installed within a public or private right-of-way or easement for the purpose of illuminating streets or roadways and lighting in City parks shall be in accordance to lighting standards of the Public Works Department and Alameda Recreation and Parks Departments, except all LED lighting shall have a maintained correlated color temperature of less than or within the range of two thousand seven hundred to three thousand (2,700—3,000) Kelvins.

7.

Code Compliance. All exterior lighting shall be consistent with all applicable parts of the California Building Standards Code. In the case of any conflict between the standards of this section and the California Building Standards Code, the latter shall prevail.

d.

Wood Burning Fireplaces and Stoves. To reduce greenhouse gas emissions and minimize air quality impacts, wood-burning stoves and fireplaces are prohibited in new residential construction.

e.

Vibrations. No vibration shall be permitted which is discernible without instruments at any property line.

f.

Glare or Heat. No heat or direct or sky-reflected glare, whether from floodlights, or high-temperature processes such as combustion or welding or otherwise, shall emanate from any use so as to be visible or discernible from the property line. Legal signs are exempted from this provision.

g.

Fissionable or Radioactive Material. No activity shall be permitted which utilizes, produces, removes or reprocesses fissionable or radioactive material unless a license, permit or other authority is secured from the state or federal agency exercising control. In all matters relative to such activities, it shall be the responsibility of the user to ascertain and identify the responsible agencies and notify the Community Development Department as to the agencies involved and the status of the required permits.

h.

Maintenance. Each person, company or corporation utilizing a lot shall at all times maintain such lot in good order. This shall include repair and maintenance of all structures, fences, signs, walks, driveways, landscaping, necessary to preserve property values and public health, welfare, and safety.

(Ord. No. 3072 N.S., § 6, 5-7-2013; Ord. No. 3232 N.S., § 1, 12-18-2018; Ord. No. 3333 N.S., § 5, 12-62022)

a.

Purpose. The purpose of this section is to provide a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (together, the Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

b.

Applicability.

1.

A request for reasonable accommodation may be made by any person with a disability, their representative or any entity, when the application of a zoning law or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the Acts.

2.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

3.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

4.

A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

5.

Requests for reasonable accommodation shall be made in the manner prescribed in Section 30-5.17(c), Application Requirements.

c.

Application Requirements.

1.

Application. A request for reasonable accommodation shall be submitted on an application form provided the Community Development Department, or in the form of a letter, to the Community Development Director and shall contain the following information:

(a)

The applicant's name, address, and telephone number;

(b)

Address of the property for which the request is being made;

(c)

The current actual use of the property;

(d)

The basis for the claim that the individual is considered disabled under the Acts;

(e)

The zoning ordinance provision, regulation, or policy for which reasonable accommodation is being requested; and

(f)

Why the reasonable accommodation is necessary to accommodate the functional daily need of the disabled individual.

2.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including but not limited to: Use permit, design review, general plan amendment, zone change, etc.), then the applicant shall file the information required by subsection 1 (Application) above together with the application for discretionary approval.

d.

Review Authority.

1.

Community Development Director. A request for reasonable accommodation shall be reviewed by the Community Development Director (Director), or his/her designee if no approval is sought other than the request for reasonable accommodation.

2.

Other Review Authority. Requests for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

e.

Review Procedure.

1.

Director Review. The Director, or Director designee, shall make a written determination within forty-five (45) days and either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with Section 30-5.17(f), Findings and Decision.

2.

Other Reviewing Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 30-5.17(f), Findings and Decision.

f.

Findings and Decision.

1.

Findings. The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

(a)

Whether the housing, which is the subject of the request, will be used by an individual with a disability as defined under the Acts.

(b)

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Acts.

(c)

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the City.

(d)

Alternative reasonable accommodations which may provide an equivalent level of benefit.

2.

Condition of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection 1 above. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

g.

Appeal of Determination. A determination by the reviewing authority to grant or deny a request for reasonable accommodation may be appealed to the Planning Board in compliance with Section 30-25, Appeals or Calls for Review.

(Ord. No. 3094 N.S., § 1, 4-15-2014; Ord. No. 3333 N.S., § 5, 12-6-2022)

a.

Purpose. This Section provides for the creation of accessory dwelling units and junior accessory dwelling units on lots zoned to allow residential use consistent with Government Code Sections 65852.2, 65852.22, and 65852.26. Such accessory dwelling units contribute needed housing to the community while maintaining neighborhood character, support affordable housing and multigenerational living, and enhance housing opportunity near transit. An accessory dwelling unit that conforms to the development and design standards in this section shall:

1.

Be deemed an accessory use or an accessory building and not be considered to exceed the allowable density for the lot upon which it is located;

2.

Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located;

3.

Not be considered in the application of any ordinance, policy, or program to limit residential growth; and

4.

Not be considered a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service.

b.

Applicability. The provisions of this section authorize an accessory dwelling unit to be located on a lot in any zoning district where residential use is permitted or conditionally-permitted that includes a proposed or existing primary dwelling. Accessory dwelling units shall not be considered primary units and shall be exempt from any residential density standard established by the subject zoning district.

c.

Development Standards. An accessory dwelling unit may be attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure, or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

1.

Number and Type Allowed:

(a)

Single-family lots. On lots with an existing or proposed single-family dwelling, one (1) accessory dwelling unit and one (1) junior accessory dwelling unit are permitted.

(b)

Multi-family lots. On lots with existing multifamily dwellings (two (2) or more units), any number of accessory dwelling units are permitted within portions of an existing building, as long as each unit complies with state building standards for dwellings. In addition to the attached units allowed by subsection (1), two (2) accessory dwelling units detached from the primary dwelling(s) are permitted on a multi-family lot. The two (2) detached accessory dwelling units may be constructed to be attached to each other.

2.

Maximum Size: The size of an accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet. Nothing in this section shall be interpreted to prohibit at least an eight hundred (800) square foot accessory dwelling unit that is sixteen (16′) feet in height with four (4′) foot side and rear yard setbacks to be constructed in compliance with all other development standards.

3.

Attached Accessory Dwelling Units: An accessory dwelling unit that is attached to or created within a proposed or existing primary dwelling shall comply with all height, building coverage, yard areas, and setback requirements for the primary dwelling.

(a)

Independent Access: Exterior access shall be provided independently from the primary dwelling.

(b)

Unit Separation: Attached units and units that are within the primary dwelling may maintain an interior connection to the primary dwelling provided there is a fire-rated door separating the units that is lockable on both sides.

(c)

Aggregate Lot Coverage: The aggregate lot coverage of all building footprint(s) on the lot shall not exceed sixty (60) percent.

4.

Detached Accessory Dwelling Units: An accessory dwelling unit may be constructed as a new detached structure or created through the conversion of an existing accessory structure and shall comply with the following requirements:

(a)

Maximum Height: Eighteen (18′) feet. An additional two (2) feet in height shall be permitted, raising the maximum height limit to twenty (20) feet, when the roof pitch on the accessory dwelling unit matches the roof pitch of the primary dwelling unit.

(1)

On lots located within the special flood hazard area, as defined by FEMA's Flood Insurance Rate Maps (FIRM), the height of a detached accessory dwelling unit may exceed eighteen (18′) feet by the minimum amount necessary, as determined by the Building Official and City Engineer, to allow:

i.

A finished floor of the habitable space at one (1′) foot above the Base Flood Elevation shown on the FIRM; and

ii.

Up to eight (8′) feet in vertical clearance from the finished floor to ceiling within the habitable space; and

iii.

A roof pitch that matches the roof pitch of the primary dwelling unit.

(b)

Required Setbacks from Side and Rear Property Lines:

(1)

No setbacks shall be required for an existing accessory structure or a new structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory

dwelling unit. For purposes of this subsection, dimensions shall mean the exterior width, length, and height of the existing accessory structure up to eighteen (18′) feet.

(2)

A setback of four (4′) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or new structure constructed in the same location and to the same dimensions as an existing structure.

(3)

Notwithstanding subsection (2) above, the side and rear yard setbacks may be reduced to zero (0′) feet if all of the following conditions are met:

i.

The detached ADU is located seventy-five (75′) feet or more from the front property line and, if applicable, five (5′) feet from the street side of a corner lot;

ii.

The portion of the neighboring lot(s) that adjoin the detached ADU is not within seventy-five (75′) feet of the neighboring lots' front property line(s);

iii.

All construction within three (3′) feet of the property line, including eaves and similar architectural features, is one (1) hour fire resistive as required by the Alameda Building Code or as approved by the Building Official;

iv.

Notwithstanding subsection (a), the detached ADU is not more than sixteen (16′) feet in height; and

v.

The detached ADU will not cover more than sixty (60%) percent of the minimum required rear yard as prescribed by the subject zoning district, with a minimum allowed coverage area of six hundred (600) square feet. This requirement shall not apply to an accessory dwelling unit constructed in the same location and to the same dimensions as an existing accessory structure that is converted to an accessory dwelling unit.

(c)

Minimum Separation from Other Structures: There shall be a minimum of six (6′) feet separating all construction (including eaves and similar architectural features) of the detached ADU from the main building(s) or other accessory building(s) on the same lot. The separation requirements of this paragraph may be reduced by the Building Official if one (1) hour fire resistive construction is utilized.

(d)

Lot Coverage: The aggregate lot coverage of all building footprint(s) on the lot shall not exceed sixty (60%) percent. This requirement shall not apply to an accessory dwelling unit constructed in the same location and to the same dimensions as an existing accessory structure that is converted to an accessory dwelling unit. This requirement shall also not be interpreted to prohibit at least an eight hundred (800) square foot accessory dwelling unit that is up to eighteen (18′) feet in height with four (4′) foot side and rear yard setbacks to be constructed in compliance with all other development standards.

(e)

Expanding an Existing Accessory Structure: An accessory dwelling unit created within an existing accessory structure may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical limitations of the existing accessory structure shall be limited to accommodating ingress and egress.

5.

Design Standards:

(a)

Attached Unit: The design of an attached accessory dwelling unit shall match the same materials, colors and style as the exterior of the primary dwelling, including roof form, materials and pitch, eaves, trim, and windows. Creation of the accessory dwelling unit shall not involve any changes to existing street-facing facades or raise the height of existing floor(s) and roof elevations. Entrances to the accessory dwelling unit shall not be located on a street-facing façade. The construction of the accessory dwelling unit shall not obscure, damage, destroy or remove any original architectural details or materials of an existing main building, except as necessary to construct and integrate the accessory dwelling unit.

(b)

Detached Unit: The design of a detached accessory dwelling unit located within fifty (50′) feet of an adjacent street frontage shall incorporate the exterior features of the primary dwelling, including siding, roof form, eaves, and window type, trim and orientation. This subsection shall not be interpreted to prohibit a prefabricated structure or manufactured home, as defined in Section 18007 of the California Health and Safety Code.

(c)

Converted Accessory Buildings and Garages: Existing accessory buildings such as detached garages that are converted to accessory dwelling units shall replace garage doors with the same exterior wall material, building color, and window trim as the existing building or the primary dwelling structure if the accessory dwelling unit is being created in a garage attached to the primary dwelling.

6.

Junior Accessory Dwelling Units: One (1) junior accessory dwelling unit shall be permitted ministerially if complying with the standards of subsection c.1., c.3(a), and c.3(b) above, and the following:

(a)

The junior accessory dwelling unit shall be fully located within an existing or proposed primary single-family dwelling, except an addition of up to one hundred fifty (150) square feet may be permitted as part of an application for a junior accessory dwelling unit.

(b)

The unit shall be no larger than five hundred (500) square feet in floor area.

(c)

The unit may maintain an interior connection to the primary dwelling and shall provide an exterior entrance separate from the main dwelling entrance.

(d)

The unit may contain separate sanitation facilities or may share with the primary dwelling.

(e)

The unit shall include an efficiency kitchen that shall include the following components:

(1)

A cooking facility with appliances; and

(2)

A food preparation counter and storage cabinets.

(f)

Notwithstanding subsection d. below, no additional parking shall be required for a junior accessory dwelling unit.

(g)

For purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

(h)

Before issuing a building permit for a junior accessory dwelling unit, the property owner shall file with the county recorder a declaration or an agreement of restrictions, which has been approved by the City Attorney as to its form and content, containing a reference to the deed under which the property was acquired by the owner and stating that:

(1)

The junior accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary dwelling, and rental of a junior accessory dwelling unit shall be for a period longer than thirty (30) days.

(2)

The applicant shall be an owner-occupant of either the remaining portion of the primary dwelling or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

(3)

A restriction on the junior accessory dwelling unit size and attributes exists as required by subsection c.6, above.

d.

Parking: Off-street parking provided shall comply with Section 30-7. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement of the parking space(s) shall not be required. The driveway and curb cut may remain for off-street parking provided the length of such driveway is at least eighteen (18′) feet, measured from the property line, in order to accommodate a parked vehicle without any portion of the vehicle encroaching into

the public right-of-way. Remaining driveways that do not meet the minimum eighteen (18′) foot length shall be abandoned per Section 22-18.3 as part of the construction of the accessory dwelling unit.

e.

Rental and Sale Limitations. The accessory dwelling unit shall not be sold or otherwise conveyed separately from the primary dwelling except as allowed pursuant to Government Code Section 65852.26, and rental of an accessory dwelling unit shall be for a period longer than thirty (30) days.

f.

Application and Review Process.

1.

Ministerial Review. Except as provided below, application for an accessory dwelling unit shall be reviewed ministerially within sixty (60) days from receipt of a completed application without discretionary review or public hearing when in compliance with the development standards of this section.

2.

Combination permits. For applications that combine a new accessory dwelling unit with improvements other than for the accessory dwelling unit, the non-accessory dwelling unit portion of the application shall be subject to design review if said improvement is not exempt from design review as provided by Section 30-37.2.

3.

Vacant Lots. An accessory dwelling unit must be located on a lot with a proposed or existing primary dwelling. If the lot is undeveloped, then the applicant will be subject to discretionary review for construction of the primary dwelling.

g.

The accessory dwelling unit shall meet the requirements of the building and housing code, as adopted and amended by the Alameda Building Code, that apply to detached dwellings, as appropriate. Except that fire sprinklers or fire attenuation shall not be required for an accessory dwelling unit if not required for the primary residence.

h.

No protected tree(s) shall be removed to accommodate an accessory dwelling unit except with the recommendation of a certified arborist and approval procedures set forth in Section 13-21 of Chapter XIII of the Alameda Municipal Code.

i.

Nothing in this section supersedes requirements for obtaining development permits pursuant to this chapter or for properties subject to the preservation of historical and cultural resources set forth in Section 13-21 of Chapter XIII of the Alameda Municipal Code, except that no public notice or discretionary review shall be required for the demolition of a detached garage or accessory structure that is to be replaced with an accessory dwelling unit, unless the property is located within a historic district.

j.

Accessory dwelling units shall be exempt from the Improvement Tax provisions in AMC Section 3-62, Improvement Tax.

(Ord. No. 3184 N.S., § 9, 7-5-2017; Ord. No. 3278 N.S., § 2, 5-5-2020; Ord. No. 3309 N.S., § 4, 11-162021; Ord. No. 3333 N.S., § 5, 12-6-2022)