Chapter 1.08 — ORGANIZATION, APPLICABILITY, AND INTERPRETATION

A. Structure of Regulations. The zoning regulations are divided into six parts:

Title 1: General Provisions

Title 2: Base District Regulations

Title 3: Overlay District Regulations

Title 4: Regulations Applying in All or Several Districts

Title 5: Administrative Regulations

Title 6: Affordable Housing Regulations

B. Types of Regulations. Three types of zoning regulations control the use and development
of property:

1. Land Use Regulations specify land uses permitted, conditionally permitted, or
prohibited in each zoning district, and include special requirements, if any, applicable
to specific uses. Land use regulations for base zoning districts are in Title 2 of the
zoning regulations; land use regulations for overlay districts are in Title 3. Certain
regulations, applicable in all or several districts, are in Title 4.

2. Development Regulations control the height, bulk, location, and appearance of
structures and development sites. Development regulations for base zoning districts
are in Title 2 of the zoning regulations; development regulations for overlay districts
are in Title 3. Certain development regulations, applicable in more than one class of
base or overlay districts, are in Title 4. These include regulations for site
development, parking and loading, signs, and nonconforming uses and structures.

3. Administrative Regulations contain detailed procedures for the administration of
zoning regulations, including requirements for zoning permits; notice and public
hearings on use permits and variances; site plan review; development agreements;
amendments; appeals of zoning decisions; and enforcement. Administrative
regulations are in Title 5.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Applicability to Property. The Zoning Code shall apply to all land within the City of San Leandro and to state or federal agencies, to the extent applicable by law. Application of regulations to specific lots shall be governed by the zoning map.

B. Applicability to Streets and Rights-of-Way. Public streets, utility, and other rights-of-way
shall be in the same zoning district as contiguous property. Where contiguous properties
are classified in different zoning districts, the centerline of the street or right-of-way shall
be the district boundary, unless otherwise depicted on the zoning map.

C. Compliance with Code. No land shall be used and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accord
with the provisions of this Code.

D. Public Nuisance. Neither the provisions of this Code nor the approval of any permit
authorized by this Code shall authorize the maintenance of any public nuisance.

E. Compliance with Public Notice Requirements. Compliance with public notice
requirements prescribed by this Code shall be deemed sufficient notice to allow the City to
proceed with a public hearing and take action on an application, regardless of actual receipt
of mailed or delivered notice.

F. Requests for Notice. Where this Code requires that notice be given by first class mail to
"any person who has filed a written request for such notice," the request shall be filed with
the Zoning Enforcement Official and shall be subject to any applicable fees set to cover
mailing costs.

G. Conflict with Other Regulations. Where conflict occurs between the provisions of this
Code and any other City code, title, chapter, resolution, guideline, or regulation, the more
restrictive provision shall control unless otherwise specified in this Code.

H. Relation to Previously Approved Planned Developments. All Planned Developments
approved under a prior zoning ordinance shall be considered legal uses and legal structures,
provided that they conform to all applicable conditions of approval.

I. Relation to Private Agreements. This Code shall not interfere with or annul any easement,
covenant, or other agreement now in effect, provided that where this Code imposes greater
restriction than imposed by an easement, covenant, or agreement, this Code shall control.

J. Relation to Prior Code. The provisions of this Code supersede all prior zoning codes, as amended, of the City of San Leandro, except that no provision of this Code shall validate or legalize any land use or structure established, constructed, or maintained in violation of the prior zoning code, as amended, unless specifically authorized by this Code.

K. Application During Local Emergency. The San Leandro City Council, under the provisions
of Title 3, Chapter 3-4 Disaster Regulations of the Municipal Code, may authorize
deviations from any provision of this Code during a local emergency. Any deviations so
authorized shall be by resolution of the Council, without notice or public hearing, pursuant
to Title 3, Chapter 3-4.

L. Severability. If any section, subsection, sentence, or phrase of this Code is for any reason
held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining
portions of this Code shall not be affected. It is expressly declared that this Code and each
section, subsection, sentence, and phrase would have been adopted regardless of the fact
that one or more other portions of this Code would be declared invalid or unconstitutional.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)

A. Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning district designations consisting of classes of letter designators:

1. A land use regulations designator, indicating the principal land uses permitted or conditionally permitted in each zoning district, shall be a component of all zoning
designations.

2. A density designator, indicating the density range, shall be shown for all multiple
residential districts.

3. Overlay district designators shall be included in a zoning designation if the provisions
of one or more overlay districts are applicable to a site.

B. Establishment of Base Zoning Districts. Base zoning districts into which the City is divided
are established as follows:

Base District
Designator Base District Name Chapter

RD Residential Duplex (Two-Family) 2.04

RM Residential Multi-Family 2.04

RO Residential Outer 2.04

RS Residential Single-Family 2.04

B-TOD Bay Fair Transit-Oriented Development 2.10

CC Commercial Community 2.08

CN Commercial Neighborhood 2.08

CR Commercial Regional 2.08

CS Commercial Services 2.08

DA-1 Downtown Area-1 2.08

DA-2 Downtown Area-2 2.08

DA-3 Downtown Area-3 2.08

DA-4 Downtown Area-4 2.08

DA-6 Downtown Area-6 2.08

NA-1 North Area-1 2.08

NA-2 North Area-2 2.08

P Professional 2.08

SA-1 South Area-1 2.08

SA-2 South Area-2 2.08

SA-3 South Area-3 2.08

IG Industrial General 2.12

IL Industrial Limited 2.12

IP Industrial Park 2.12

IT Industrial Transition 2.12

Base District
Designator Base District Name Chapter

OS Open Space 2.16

PS Public and Semipublic 2.20

C. References to Classes of Base Districts. References to R Districts refer to all residential
districts; references to C Districts refer to all commercial Districts; and references to I
Districts refer to all industrial districts.

D. Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which
may be combined with a base district, are established as follows:

Overlay District
Designator Overlay District Name Chapter

PD Planned Development 3.04

IS Interim Study 3.08

CV Conservation 3.12

S Special Review 3.16

AU Assembly Use 3.20

N Nonconforming Use 3.24

L Landmark 3.28

(Ord. 2001-015 § 1; Ord. 2008-003 § 1; Ord. 2020-002 § 4; Ord. 2020-012 § 3)

A. Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this Code or its application to a specific site, the Zoning Enforcement Official shall determine the intent of the provision.

B. Zoning Map. Where uncertainty exists regarding the boundary of a zoning district the
following rules shall apply:

1. District boundaries shown as approximately following the property line of a lot shall
be construed to follow such property line.

2. On un-subdivided land, or where a district boundary divides a lot, the location of the
district boundary shall be determined by using the scale appearing on the zoning map,
unless the boundary location is indicated by dimensions printed on the map.

3. District boundaries shown as approximately following right-of-way lines of freeways,
streets, alleys, railroads, or other identifiable boundary lines shall be construed to
follow such right-of-way or boundary lines.

4. District boundaries shown as lying within right-of-way lines of freeways, streets,
alleys, railroads, or other identifiable boundary lines shall be construed to follow the
centerline of such right-of-way or boundary lines.

5. Should any uncertainty remain as to the location of a district boundary or other feature
shown on the zoning map, the location shall be determined by the Zoning
Enforcement Official.

C. Record of Interpretation. The Zoning Enforcement Official shall keep a record of
interpretations made pursuant to this section, which shall be available to the public for
review.

D. Appeals. An interpretation of the zoning regulations or zoning map by the Zoning
Enforcement Official may be appealed to the Planning Commission as provided in Chapter

A. Approved Projects.

1. No provision of this Code shall require any change in the plans, construction, or
designated use of any structure for which a building permit has been issued prior to
the effective date of this Code or any subsequent amendment.

2. Use permits, Planned Developments, and other discretionary approvals, any of which
are valid on the effective date of this Code, shall remain valid until their expiration
date. These projects can be built in accord with the conditions of approval in effect at
the time of approval, provided that the approval is valid at the time building permits
are issued and that such a permit is subject to any time limits imposed pursuant to the
Uniform Building Code, adopted by the City. Unless otherwise expressly established
in a use permit, variance, Planned Development or other discretionary zoning
approval, the use permit, variance, Planned Development or other discretionary
approval shall lapse one year after the effective date of this Code unless, by that date:

a. A complete application for a building permit has been accepted; or

b. A certificate of occupancy has been issued; or

c. The use is established; or

d. An extension of time has been duly approved by the City.

3. Any reapplication for an expired permit must meet the standards in effect at the time
of reapplication.

4. Any modification of a valid permit issued prior to the effective date of this Code that
results in a change in use that affects more than ten percent of the floor area or an
increase in square footage by more than ten percent of the floor area shall be approved
only as a conditional use under the provisions of Chapter 5.08 Use Permits and
Variances. In no case may an increase in excess of 2,500 square feet be allowed.

B. Projects in Process. Projects for which no approval or permit has been granted prior to the
effective date of this Code shall be subject to the land-use regulations, development
standards, and other requirements of this Code.
(Ord. 2020-002 § 4; Ord. 2022-001 § 3)