Alameda Municipal Code § 30-4.17 G, Special Government Combining District

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 30-5.18, 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.

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 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.

1. 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)

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.

10. 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.

2. 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.

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. §§ 11-135—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.

8. 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.

3. 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.

5. 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.

2. 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.

1. 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.

2. 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.

13. 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.

7. 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)

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.

2. 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:

1. 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)

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.

4. 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.

1. 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.

4. 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)

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 non-auto 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,

(fff) Video store, including retail and rental.

2. 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.

1. 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, 10-16-2012; 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,

9. 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.

4. 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)

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,

2. Outdoor amusement uses,

3. Veterinary clinics and/or veterinary hospitals under the same terms and conditions set out in subsection 30-4.10c,

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.

14. 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)

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 30-4.10c,

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,

17. 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.

1. 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;

4. 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.

2. 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.

7. 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.

3. 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.

1. 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.)

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.)

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)

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)

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;

3. 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, project-wide 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.

5. 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 mixed-use 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 water-dependent 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)

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, 11-16-2021; 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.

2. 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 high-density 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 non-visitor 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 right-of-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.

4. 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.

1. 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.

2. 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

(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 non-automobile 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 pedestrian-oriented 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, 10-4-2016)

(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)

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)