Alameda Municipal Code § 30-37.5 Findings

Footnotes:

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Editor's note— Ord. No. 3027, § 2, adopted March 1, 2011, amended 30-37 in its entirety and adopted similar provisions as set out herein. The former 30-37 derived from Ord. No. 1716 N.S.; Ord. No. 1801 N.S.; Ord. No. 1873 N.S.; Ord. No. 1983 N.S.; Ord. No. 2340 N.S.; Ord. No. 2487 N.S.; Ord. No. 2574 N.S., § 2; Ord. No. 2599 N.S., § 1; Ord. No. 2920 N.S., § 35; Ord. No. 2943 N.S. § 15; and Ord. No. 3016 N.S., s;; 1, adopted April 6, 2010.

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)

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, 7-5-2017; 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)

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)