a.

Words used in the present tense include the future, words in the singular number include the plural, and words in the plural number include the singular; the word "building" includes the word "structure", and the word "shall" is mandatory and not directory. City Council shall mean the City Council of the City of Alameda, and Planning Board shall mean the Planning Board of the City of Alameda. City shall mean the incorporated area of the City of Alameda. Zoning Administrator shall mean the Planning Director, or such person as he/she may, with the prior approval of the Planning Board, designate, who shall administer and interpret the provisions of the zoning regulations and perform other duties as prescribed herein. Other terms not specifically mentioned hereabove shall have the meanings ascribed to them by the Charter and this Code.

b.

As used in this chapter:

Accessory building or structure shall mean a detached subordinate building or structure, the use of which is incidental to that of the main building(s) on the same lot or to the primary use of the land.

Accessory dwelling unit shall mean an attached or detached residential dwelling which provides complete independent living facilities for one (1) or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as one (1) primary single-family dwelling.

Accessory dwelling unit—Junior, shall mean a dwelling unit, as defined in Government Code Section 65852.22, that is no more than five hundred (500) square feet in size and contained entirely within an existing single-family structure, and may include separate sanitation facilities, or may share sanitation facilities with the existing dwelling.

Accessory use shall mean a use of a building, structure, or land which is incidental or subordinate to the principal use or building located upon the same lot.

Agency shall mean an office or commercial establishment in which goods, material or equipment are received for servicing, treatment or processing elsewhere.

Alley shall mean a public or permanent private way or lane less than forty (40′) feet in width which affords a secondary means of access to abutting property.

Animal shelter shall mean a facility operated for the purpose of impounding or caring for seized, stray, distressed, homeless, abandoned, or unwanted animals.

Antenna, satellite dish shall mean a dish-shaped device designed to receive television signals transmitted from orbiting satellites, as well as all supporting equipment necessary to install or mount the antenna.

Art gallery shall mean an establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

Artist's studio shall mean an establishment or work space for artists or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft. An establishment for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leather craft, hand-woven articles, and related items.

Artist's studio industrial shall mean an establishment or work space for artists, crafts person or artisans, including individuals practicing one of the fine arts or skilled in an applied art or craft primarily for the preparation, display, and sale of individually crafted large scale objects, artwork, sculpture, ceramics, or product that require the use of heavy machinery, large scale ovens or kilns, or hazardous materials.

Balcony shall mean a platform enclosed by a railing or balustrade projecting from the exterior wall of a building, accessible only from the interior of the building.

Banks, savings and loan services shall mean financial institutions that provide retail banking services to individuals and businesses. These institutions include banks, savings and loans, credit unions, security brokers and real property lending institutions. It does not include check cashing or payday advance uses.

Bar shall mean a place where alcoholic beverages are sold in unpackaged form for consumption on the premises, does not include food prepared in a kitchen located on the premises and does not admit persons under the age of twenty-one (21). This classification includes businesses with Alcoholic Beverage Control (ABC) licenses 40, 42, 48, 49, or 61.

Bay window shall mean an architectural projection built out from a wall, with windows and without any, or very limited, solid wall area on the longest wall of the projection itself.

Bed and breakfast facility shall mean a building or portion thereof or group of buildings containing rooms used, designed or intended to be used, let or hired out for occupancy by transient guests for compensation or profit, and subject to all regulations listed below:

1.

A use permit shall be obtained where required.

2.

Parking shall be provided in accordance with Section 30-7 of the zoning regulations.

3.

Signs shall be permitted in accordance with Section 30-6 of the zoning regulations.

4.

Design review shall be required for interior and exterior modifications of the structures and grounds.

5.

Any structure proposed for a bed and breakfast facility shall be listed in the City's historical building list as an "N" designated structure.

6.

Open space shall be provided as required by the zoning district in which the bed and breakfast facility is located.

7.

Interior residential features shall be retained in a manner which will allow reconversion back to a purely residential use.

8.

Those buildings containing separate units, each with individual kitchen facilities and used for long term rental, shall not be converted to bed and breakfast facilities.

9.

Bed and breakfast facilities shall be managed and occupied by the owner of the property.

10.

Guests shall check in and out only between 8:00 a.m. and 8:00 p.m.

11.

The maximum stay for guests shall not exceed fourteen (14) days within any thirty (30) day period. No long term rentals shall be allowed.

12.

No cooking facilities shall be allowed in the guest rooms.

13.

There shall be only one (1) meal, breakfast, served daily and limited to transient guests only.

Boutique theater shall mean a theater with audiences of forty-nine (49) persons or less for live performances or for the screening of motion pictures where there is only one (1) screen in the theater.

Breezeway shall mean a covered or partially covered, partially enclosed passageway, which may include stairs, connecting parts of a building or two (2) buildings.

Building or lot coverage shall mean the percentage of the lot area which may be covered by all buildings and roofed structures on a parcel except eaves, sills, cornices.

Building height shall mean the vertical distance measured perpendicularly from the grade adjoining the building to the highest point of the roof ridge or parapet wall.

Building site shall mean the land area of a lot within the required yards occupied by or capable of being covered by main buildings permissible under this chapter.

Building width shall mean the total width of the primary building facade fronting on a street. For corner parcels, maximum building length standards apply to both front and side facades.

Canopy shall mean a hood, awning, or shade overhanging a window, doorway, or niche.

Carport. See Garage, Private.

Check cashing and personal loan services shall mean businesses whose primary purpose is to provide limited financial services to individuals, such as check cashing and deferred deposit loans. This includes check cashers, payday advance businesses and other business regulated by the State of California's Check Casher Permit Program, per the California Civil Code, Section 1789. A check cashing use in conjunction with another use will be considered accessory to the use if the check cashing is not advertised outside the business premises or by signs visible from the outside of the building.

Commercial recreation includes recreational uses such as skating rinks, bowling alleys, arcades, paintball, children's playland, rock climbing, miniature golf and other similar establishments of an entertainment or amusement nature that are conducted within a building for commercial purposes.

Community assembly shall mean facilities for public or private gatherings, including but not limited to places of worship; public and private nonprofit clubs, lodges, and meeting halls; and community centers. This classification includes accessory facilities for the use of members and attendees such as kitchens, multi-purpose rooms, and storage. It does not include gymnasiums or other sports facilities, convention centers, residential accommodations, or facilities such as day care centers and schools, which are classified and regulated separately.

Community garden shall mean a private or public facility for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family.

Commercial marina shall mean a marina that contains recreational boat berthing facilities and attendant supporting services that are leased or rented. All commercial marinas in the C-2, C-M, M-1 and M-2 zones in operation with permits from the City as of July 1, 1988, shall be deemed conforming uses, but shall not be expanded or substantially changed without first obtaining a use permit.

Conditioned space shall mean that portion of a residential structure, measured as floor area, which is defined as "conditioned space" by the California State Energy Regulations (i.e., all floor areas included in Title 24 calculations).

Conference center shall mean a facility designed to accommodate conventions, conferences, seminars, and/or entertainment activities.

Convenience store shall mean retail sales of food, beverage and small convenience items primarily for off-premises consumption and typically found in establishments with long or late hours of operation (including open between the hours of 10:00 a.m. and 7:00 p.m.) and/or within a building with a floor area of less than 5,000 square feet. This definition excludes tobacco stores, liquor stores, delicatessens, confectioneries and other specialty food shops and establishments having a sizeable assortment of fresh fruits and vegetables, and fresh-cut meat, fish or poultry.

Day care center shall mean a non-residential business or institution that provides care for persons on less than a twenty-four (24) hour basis, that is licensed by the State of California, and includes nursery schools, preschools and day care centers for children or adults, but excludes smaller residential facilities conforming to the Family day care, Large and Family day care, Small definitions.

Day spa shall mean a facility which specializes in the full complement of body care including, but not limited to, body wraps, facials, pedicures, make-up, hairstyling, nutrition, exercise, water treatments and massage which is open primarily during normal daytime business hours and without provisions for overnight accommodations.

Deck shall mean a flat, uncovered platform constructed of wood, concrete, or any impervious material, extending at grade or elevated over yard areas or atop a structure.

Dormer shall mean an architectural projection built out from a sloping roof and typically houses a vertical window or ventilation louver. A dormer can be further defined by the type of roof on the projection itself, and includes the terms gable dormer, hip dormer, shed dormer (which is also known as a "monitor") and eyebrow dormer.

Drive-in shall mean a place of business laid out and equipped so as to allow its patrons to be served or accommodated while remaining in their vehicles.

Drive-up kiosk window shall mean a small building or kiosk with a window or opening through which occupants of a motor vehicle receives or obtains a product or service.

Driveway shall mean a paved, or alternate all weather surface as approved by the City Engineer, that provides access from a publicly accessible travel way to parking and/or loading spaces that are located in conformance with subsection 30-7.8: Off-Street Parking Improvement, Location, and Dimensional Requirements and Standards.

Dwelling, multifamily shall mean a building containing three (3) or more dwelling units.

Dwelling, one-family shall mean a building containing one (1) dwelling unit.

Dwelling, two-family shall mean a building containing two (2) dwelling units.

Dwelling unit shall mean a group of rooms, including a kitchen, bath and sleeping quarters, designed for use as a residence.

Emergency shelter (per Health and Safety Code Section 50801(e)) means housing with minimal supportive services for unhoused persons that is limited to occupancy of six (6) months or less by an unhoused person.

Family shall be defined as "One (1) or more persons, related or unrelated, such as a group of employees, living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit."

Family day care home shall mean a community care facility for children which provides care for less than twenty-four (24) hours a day and which also serves as the residence of the operator.

Family day care, large shall mean the care and supervision of more than six (6) but less than fifteen (15) children in a provider's own home, on a less-than-twenty-four (24) hour basis and includes only those facilities licensed by the State of California, (but excludes smaller facilities that conform to the definition of "Family day care, Small" which may provide care for up to eight (8) children, if certain conditions are met). Large family day care homes are mid-scale operations, intended to provide service for a limited number of children in a residential setting, as prescribed by the State of California. Such limits to number of children are as follows, or as prescribed by changes to State code subsequent to May 6, 2004: A "Large family day care home"—H&SC 1596.78(b) provides family day care for seven (7) to twelve (12) children, and up to fourteen (14) children, if all the following conditions are met (H&SC 1597.465): a) at least two (2) of the children are at least six (6) years of age; b) No more than three (3) infants are cared for during any time when more than twelve (12) children are being cared for; c) The licensee notifies each parent that the facility is caring for two (2) additional school-age children at the time there may be up to thirteen (13) or fourteen (14) children in the home at one time; d) The licensee obtains written consent of the property owner when the family day care home is operated on the property that is leased or rented. These limits are inclusive of children under the age of ten (10) years who reside at the home.

Family day care, small shall mean the care and supervision of a very limited number of children in a provider's own home, on a less-than-twenty-four (24) hour basis and includes only those facilities licensed by the State of California, (but excludes larger facilities that conform to the definition of "Family day care, Large"). Such limits to number of children are as follows, or as prescribed by changes to State code subsequent to May 6, 2004: A "small family day care home"—H&SC 1596.78(c) is limited to six (6) children; but may serve up to eight (8) children, without an additional adult attendant, if all the following conditions are met (H&SC 1596.44): a) at least two (2) of the children are at least six (6) years of age; b) no more than two (2) infants are cared for during any time when more than six (6) children are being cared for; c) the licensee notifies each parent that the facility is caring for two (2) additional school-age children at the time there may be up to seven (7) or eight (8) children in the home at one time; d) the licensee obtains written consent of the property owner when the family day care home is operated on the property that is leased or rented. These limits are inclusive of children under the age of ten (10) years who reside at the home.

Floating home shall mean a boat that is used for a residential or other nonwater oriented purpose that is not capable of being used for active navigation as defined in subsection 13-38.5 of the Alameda Municipal Code, and is subject to the regulations set forth therein. Floating homes are also subject to the requirements of Article XIV of Chapter XIII of the Alameda Municipal Code.

Floor area shall mean the total area of all the floors measured from the exterior faces of the building, including hallways, interior and exterior stairways, storage rooms, etc., and all areas that are greater than fifty (50%) percent enclosed with walls and covered, but excluding any basement or attic area with ceiling heights of less than seven (7′) feet.

Funeral home shall mean a facility for human funeral services and the display of the deceased and rituals connected therewith before burial or cremation.

Garage, commercial shall mean a building, other than a private garage used for the parking, repair or servicing of motor vehicles.

Garage, parking shall mean a public garage designed and/or used on a commercial basis for the storage of vehicles only.

Garage, private shall mean an accessory building or portion of a building, designed and/or used only for the shelter or storage of vehicles by the occupants of the dwelling, including covered parking spaces or carports.

General plan shall mean the latest revised general plan adopted for the City of Alameda.

Grade shall mean the average level of the highest and lowest portion of the lot covered by a building, deck, portion of a deck, patio cover, or other structure.

Grocery store shall mean:

1.

A facility which sells to the general public primarily groceries, vegetables, fruits, meats, poultry, fish, canned and cartoned goods, milk, juices, soft drinks and similar items, and other food stuff for preparation and consumption off of the premises, and toiletries and other items for personal or home use. A grocery store may sell packaged alcoholic beverages and includes the following types:

(a)

A facility five thousand (5,000) square feet or more in gross area.

(b)

A facility less than five thousand (5,000) square feet in gross area which is not open for business between the hours of 10:00 p.m. and before 7:00 a.m.; or

2.

A facility less than five thousand (5,000) square feet in gross area in which the chief item of sale is specialty items, such as fruits and vegetables, meats and fish, cheese, or coffee, for preparation and consumption off premises. This facility may sell related goods, such as cartoned and canned goods, milk, juices, soft drinks, toiletries and personal items incidental to its primary use, and is not open for business between the hours of 10:00 p.m. and 7:00 a.m.

Habitable space shall mean a space in a structure for living, sleeping, eating or cooking, and that complies with the applicable A.B.C.'s minimum requirements for habitable space, which include but are not limited to requirements for insulation, heating, egress and minimum ceiling height. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space.

Hazardous materials processing shall mean one (1) or more activities to clean, repackage, or perform another industrial operation involving hazardous waste which is brought onto a site and reprocessed, with the end product sent off-site. This definition shall apply to businesses which have hazardous materials processing as the principal use, not to businesses which perform hazardous waste reduction as an ancillary activity.

Hazardous waste shall mean any hazardous waste, material, substance or combination of materials which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating illness, or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed; and which requires special handling under any present or future federal, state or local law. This excludes minimal quantities of waste of a type and amount normally found in residential solid waste after implementation of programs for the safe collection, recycling, treatment and disposal of household hazardous waste in compliance with Sections 41500 and 41802 of the California Public Resources Code, as amended from time to time. Hazardous waste shall include, but not be limited to: (a) substances that are toxic, corrosive, inflammable or ignitable; (b) petroleum products, crude oil or any fraction thereof and their derivatives; (c) explosives, asbestos, radioactive materials or related hazardous materials; and (d) substances defined by applicable local, state or federal law as hazardous substances, hazardous materials, reproductive toxins, or toxic substances.

Health clinic shall mean a facility whether public or private principally engaged in providing services for health maintenance, diagnosis, or treatment of human diseases, pain, or injury.

Hedge shall mean a boundary formed by shrubs or trees planted in a close row such that the foliage of each shrub or tree intermingles with the foliage of the adjacent shrubs or tree obscuring the main stem or trunk.

Height, building. See Building height, this section.

Height, deck shall mean the vertical distance between existing average grade and the upper floor surface of a deck, calculated separately for each level of deck.

Height, patio cover shall mean the vertical distance between existing average grade and the highest point of the exterior roof surface of a patio cover.

Helicopter port shall mean land improved and intended to be used for the landing and taking off of helicopters or vertical flying aircraft.

High-quality transit corridor shall mean a corridor with fixed-route bus service with service intervals no longer than fifteen (15) minutes during peak weekday commute hours.

Historical structure shall mean a building listed on the Historical Building Study List or one that was built before 1942.

Home occupation shall mean any use customarily carried on within a dwelling, rear or side yard areas, or accessory buildings, by the inhabitants thereof, and which use is incidental to the residential use of the dwelling and complies with the following standards:

1.

Is confined within the dwelling, and occupies not more than fifty (50%) percent of the floor space on one (1) floor; or, upon obtaining a use permit, as provided in subsection 30-21.3 hereof, in the rear or side yard, or accessory buildings thereof.

2.

Involves no sales or storage of merchandise other than that produced on the premises, and/or directly related to and incidental to the services offered.

3.

Is carried on by the members of the household occupying the dwelling with no more than one (1) other person employed.

4.

Produces no evidence of its existence beyond the premises, such as noise, smoke, odors, vibrations, etc., except for one (1) nonilluminated sign pertaining directly to the particular home occupation.

5.

That the conduct of the home occupation shall not create excessive automobile or truck traffic in the vicinity, and that the parking of commercial vehicles incidental to the home occupation shall be permitted upon the premises only in enclosed structures.

Hotel shall mean any building or portion thereof containing six (6) or more guest rooms used, or intended, or designed to be used, let or hired out to be occupied by six (6) or more paying guests.

Industrial, heavy shall mean an establishment or activity that includes research and development, manufacture, fabrication, or processing of any article, substance, or commodity and includes storage areas, truck access and loading areas, warehouses, and other similar activities and facilities that may produce off-site external effects such as smoke, noise, odor, vibration.

Industrial, light shall mean an establishment or activity conducted primarily within an enclosed building that includes research and development, manufacture, fabrication, or processing of any article, substance, or commodity and includes storage areas, truck access and loading areas, warehouses, and other similar activities and facilities that do not produce off-site external effects such as smoke, noise, odor, vibration.

Key lot shall mean a lot whose side property line abuts the rear property line of a corner lot that fronts on a street which intersects with the street on which the key lot fronts.

Kitchen shall mean any room or area within a dwelling unit or living quarters to be used for storing, cooking and preparing of food that includes permanent/fixed cooking facilities supported by a 220-volt electrical service or a gas line.

Landing shall mean a platform that is part of a staircase.

Large format retail shall mean a single stand-alone store or collection of retail uses, developed and/or managed within a single building or shopping center which individually or cumulatively include over thirty thousand (30,000) square feet of retail sales floor area.

Liquor store shall mean any establishment primarily selling packaged alcoholic beverages, in unopened containers.

Live aboard shall mean a boat that is not a transient boat, that is capable of being used for active self-propelled navigation, and that is occupied as a residence, as defined in California Government Code Section 244.

Living quarters shall mean any combination of habitable rooms that includes cooking facilities and is designed for occupancy as a dwelling unit

Lot shall mean either:

1.

A parcel of real property when shown as a delineated parcel of land with a number or other designation on a plat recorded in the office of the County Recorder prior to November 20,1956;

2.

A parcel of land the dimensions of which are defined by a record of survey or tract or parcel map recorded pursuant to the provisions of the Subdivision Map Act of the State of California in the office of the County Recorder;

3.

A parcel of real property not delineated as in subparagraph 1. or 2. and containing not less than the prescribed minimum requirements of a building site;

4.

A parcel of real property as defined in subparagraph 3. and bisected by a lot line(s) of a parcel(s) delineated pursuant to subparagraphs 1. or 2., the title to which, with or without encumbrances, is unified;

5.

A lot of record;

6.

"Lot" shall not include a unit of a condominium as defined in the general law;

7.

The above definitions are mutually exclusive: Subparagraphs 3. and 4. shall not apply when their application would create an adjacent substandard parcel.

Lot, corner shall mean a lot located at the junction of two (2) or more intersecting streets, with a boundary line thereof bordering on two (2) or more of such streets. The shortest such street frontage shall constitute the front of the lot. The front of a square corner lot shall be determined by the lot pattern of the block in which such lot is located.

Lot of record shall mean land designated as a separate parcel on a plat, map or deed in the records of the Alameda County Recorder on or before the effective date of this chapter.

Lot width shall mean the distance between side lot lines measured at the front yard building line.

Low barrier navigation center shall mean a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing consistent with Government Code Section 65660.

Main building(s) shall mean a building, or buildings, which typically contains the principal use(s) of any lot. There may be more than one (1) main building on a lot.

Major transit stop shall mean a site containing any of the following: an existing rail or bus rapid transit station; a ferry terminal served by a bus transit service; or the intersection of two (2) or more major bus routes with a frequency of service interval of fifteen (15) minutes or less during the morning and afternoon peak commute periods.

Manufactured home (per Health and Safety Code Section 18007) shall mean a structure that was constructed on or after June 15, 1976, is transportable in one (1) or more sections, is eight (8) body feet or more in width, or forty (40) body feet or more in length, in the traveling mode, or, when erected on site, is three hundred twenty (320) or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. "Manufactured home" includes any structure that meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974.

Maritime workplace shall mean an establishment or activity required for the support of, or commonly associated with, the construction, repair, operation, storage, loading, and unloading of boats, waterfront dock and port facilities, marinas, navigational aids, boat fuel and equipment supply, ground level parking incidental to such uses, and other activities the primary purpose of which is to facilitate maritime activity and trade.

Mortuary shall mean a facility for the storage and preparation of the human dead for burial or cremation. A mortuary may include funeral homes.

Motel shall mean a group of attached or detached bedroom and bath units without kitchens, and with individual outside entrances, which are designed and used for transient occupancy.

Motor truck terminal shall mean a facility which serves (including parking, storage, servicing, repairing, overhauling, loading or unloading) at any one time, more than ten (10) truck units of four (4) axles or more (a "truck unit" being a tractor-semitrailer regularly operated as a single unit), or a truck and trailer operated as a single unit).

Multiple house shall mean a residential building used as condominium units, planned development units, stock cooperative, a limited equity cooperative or other real estate development as those terms are defined in Division 2, Title 7 of the Government Code or in the Civil Code of the State of California.

Multiple screen theatre is a theatre designed for the exhibition of movies that contains two (2) or more auditoriums or separate rooms for the display of movies.

Museum shall mean an establishment or activity serving as a repository for a collection of natural, scientific, historical, or literary objects, and works of art arranged, intended and designed to be used by members of the public for viewing with or without admission charge.

Nonconforming building shall mean a building or structure or portion thereof which was designed, and erected or structurally altered prior to the effective date of these regulations or any subsequent amendments thereto for a use which does not conform to the use regulations of the district in which it is located.

Nonconforming use shall mean a use which occupies a building or open land, and which does not comply with the use regulations of the district in which it was located prior to the effective date of these regulations, or any subsequent amendments thereto.

Offices, business and professional shall mean offices of firms or organizations providing professional, executive, management, or administrative services, such as architectural, engineering, real estate, insurance, investment, legal, and medical/dental offices. This classification includes medical/dental laboratories incidental to an office use, but excludes banks, savings and loan and check cashing uses.

Outdoor advertising shall mean any sign or device of any kind or character whatsoever, designed to advertise or attract attention to any product or enterprise placed for outdoor advertising purposes; on the ground, on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever. The term placed as used in the definitions of "outdoor advertising" and "outdoor advertising structure" shall mean and include erecting, constructing, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening, affixing or to make visible in any manner whatsoever.

Outdoor advertising structure shall mean any structure of any kind or character erected, maintained or used for outdoor advertising purposes, upon which any outdoor advertising is or may be placed, including also outdoor advertising statuary.

Parking lot shall mean an area of land which is accessible and usable for the off-street parking of motor vehicles.

Parking space shall mean an area designed for the parking of a single motor vehicle, conforming to the requirements of this article.

Parking, tandem shall mean any parking space which partially or wholly occupies the driveway or backup area for another parking space.

Parking, unenclosed shall mean any parking space with or without a roof which is less than seventy-five (75%) percent enclosed by walls.

Patio structure shall mean a one (1) story structure unenclosed by walls on and partially or fully roofed, including but not limited to sunshades, trellises, pergolas, gazebos, and lath houses, which may be attached to or detached from the main building or accessory building. The definition of patio structure excludes structures partially or fully enclosed by solid walls and/or glazing, such as sunrooms or greenhouses. For the purpose of this definition, the walls of adjoining main and/or accessory building(s) shall not be considered as having "enclosed" the patio structure, providing that such walls do not constitute a) more than two (2) of the four (4) sides of the patio structure and b) more than fifty (50%) percent of the patio structure's perimeter.

Porch shall mean an appendage of a structure generally at its entrance, partially enclosed by walls and/or columns and generally covered by a roof, which provides transition from exterior to interior spaces; it may be screened or glass enclosed.

Private instruction shall mean instruction for personal and professional enrichment. Examples of private instruction include, but are not limited to, academic tutoring, language instruction, computer training and driver's training. Private instruction does not include instruction received through a trade or vocational school, nor a post-secondary school.

Psychic services shall mean businesses or establishments which provide psychic services, which include but are not limited to the practices of: astrology, palmistry, phrenology, life-reading, fortunetelling, cartomancy, clairvoyance, clairaudience, crystal-gazing, mediumship, prophesy, augury, divination, mind reading or necromancy.

Residential care facility (per Health and Safety Code Section 1502(a)(1)) shall mean a facility licensed by the State of California to provide living accommodations and 24-hour care for persons requiring personal services, supervision, protection, or assistance with daily tasks. This classification excludes Supportive Housing and Transitional Housing. Residential care facilities include:

1.

Residential Care, Small. A facility to provide housing and care for six (6) or fewer persons eighteen (18) years of age or older.

2.

Residential Care, Large. A facility to provide housing and care for seven (7) or more persons eighteen (18) years of age or older.

3.

Residential Care, Senior (Assisted Living). A facility to provide housing and care for residents sixty (60) years of age or older with varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care by the State of California. This classification applies to facilities that provide care for seven (7) or more persons; a senior residential care facility for six (6) or fewer persons would instead be classified as "small."

Restaurant shall mean a use which provides food and/or beverages primarily for on-site consumption including full-service restaurants and small self-service restaurants. Restaurant uses shall include a commercial kitchen.

Restaurant, fast food and drive-through shall mean businesses that offer quick food service which is accomplished through a limited menu of items already prepared and held for service, or prepared, fried or griddled quickly. Orders are not generally taken at the customer's table, and food is generally served in disposable wrapping or containers.

Schools shall mean facilities for kindergarten through 12th-grade ("K—12") education, including public schools, charter schools, and private and parochial schools with curricula comparable to that required in the public schools of the State of California.

Senior housing shall mean a dwelling unit reserved for households in which at least one (1) member of the household is over sixty-two (62) years of age.

Service station shall mean a retail business establishment supplying only gasoline and oil, and minor accessories and services for automobiles.

Setback line shall mean a line established by this chapter to govern the placement of buildings with respect to streets and alleys.

Shared living means a building, or portion thereof, other than a hotel, that provides private living quarters without private, independent kitchen. A shared common kitchen and common activity area may be provided. Shared living includes, but is not limited to dormitories, rooming houses, and single room occupancy (SRO) units.

Sign shall mean any object, device, display, or structure, or part thereof, situated either outdoors, or indoors in such a manner as to be primarily viewed from the outside, which is used to advertise, identify, display, direct, or attract attention to a business, organization, institution, service, event, object, product or location by any means including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images. The term "sign" shall include any structure which is erected or used for sign purposes, upon which the sign is placed including sign statuary, or which was once used for signage.

Story shall mean that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than six (6′) feet above grade, as defined in the Alameda Building Code, for more than fifty (50%) percent of the total perimeter or is more than twelve (12′) feet above grade, as defined in the Alameda Building Code, at any point, such usable or unused under floor space shall be considered as a story.

Street shall mean a public or permanent private way forty (40′) feet or more in width which affords a primary means of access to abutting property.

Street frontage shall mean the portion of a lot that abuts on a street.

Structural alterations shall mean any change in the supporting members of a building, such as foundation, bearing walls, columns, beams or girders and floor joists, ceiling joists of roof rafters.

Structure shall mean that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed or parts joined together in some definite manner.

Sunroom shall mean a non-habitable area attached to a main building that is enclosed with glazing, and is primarily used for recreational and outdoor living purposes.

Super store means a single retail store or tenant that exceeds ninety thousand (90,000) square feet in size and includes ten (10%) percent or more sales floor area devoted to non-taxable merchandise.

Supportive housing (per Government Code Section 65582(g)) means housing with no limit on length of stay, that is occupied by the target population and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Target population (per Government Code Section 65582) shall mean persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services. It may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and people experiencing homelessness.

Tavern shall mean a use which provides food and/or beverages primarily for on-site consumption including the sale of alcoholic beverages. Tavern uses shall include a commercial kitchen.

Theatre includes movie and live theatres and other structures designed for public exhibitions but, as to movie theatres, does not include a multiple screen theatre.

Tobacco and tobacco products stores shall mean businesses devoted primarily to the sale of tobacco products, as defined by (a) devoting twenty (20%) percent or more of total floor area or display area to or (b) deriving seventy-five (75%) percent or more of gross sales receipts from, the sale or exchange or tobacco-related products.

Transient boat shall mean a boat that is anchored in the City for a period of seventy-two (72) hours or less at a time, and for a total of no more than seven (7) days per year.

Transitional housing (per Government Code Section 65582(j)) means buildings configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some future point in time, which shall be no less than six months from the beginning of the assistance.

Utilities, large shall mean facilities and infrastructure for the delivery of energy, water, sewer, gas, and communications to the city, such as one hundred fifteen (115) kv power transmission lines, electrical substations and power plants, wastewater treatment facilities.

Utilities, small shall mean facilities and infrastructure for the delivery of energy, water, sewer, gas, and communications to the block, neighborhood, or district, such as wastewater pump stations, hydrants, switching boxes, transformers, and other facilities and structures typically located in the public right-of-way.

Variance shall mean an exception to the provisions of this chapter granted pursuant to Section 30-21 herein that does not alter the use of property or increase the density of the use of the property to an intensity permitted by a different zoning district than that in which the property is located.

Warming center shall mean an emergency shelter that is accessory to a primary use and is typically operated on an intermittent or seasonal basis to provide overnight or temporary shelter for twenty-four (24) hours or less.

Work/live studio shall mean a commercial or industrial unit with incidental residential accommodations occupying one (1) or more rooms or floors in a building primarily designed and used for industrial or commercial occupancy and providing:

1.

Adequate working space reserved for commercial or industrial use and regularly used for such purpose by one (1) or more persons residing in the studio;

2.

Living space as defined in subsection 30-15.3.a. and in accordance with the provisions of this section.

Yard, front shall mean a yard extending across the full width of the lot measured between the front property line (or the lot line connected to a street by legal access) and the nearest point of the wall of a building or enclosed or covered porch on such lot. The front yard of a corner lot is the yard adjacent to the shorter street frontage of such lots.

Yard, minimum required shall mean the minimum depth, as prescribed for a particular zoning district, of the area of land between a main building and the property's perimeter, and which must remain free of structures and unobstructed from the ground to sky except for such exceptions and encroachments as may be permitted by this article which include, but are not limited to, allowances to permit accessory buildings, patio structures and roof eaves.

Yard, rear shall mean a yard extending across the full width of the lot measured between the rear line of the lot and the rear line of the main building or enclosed or covered porch nearest the rear line of the lot.

Yard, side shall mean a yard on either side of the lot extending from the front line of the main building or enclosed or covered porch to the rear line of the main building or enclosed or covered porch, the width of each yard being measured between the side line of the lot and the nearest part of the main building or enclosed or covered porch.

Yard, street side shall mean a yard extending along the street side of a corner lot from the front lot line to the rear lot line, and to a depth measured inward from the street side lot line to the nearest side line of the main building.

Yards shall mean land surrounding a building site unoccupied or unobstructed, except for such encroachments as may be permitted by this article.

(Ord. No. 535 N.S. §§ 11-121—11-1247; Ord. No. 1277 N.S.; Ord. No. 1295 N.S.; Ord. No. 1310 N.S.; Ord. No. 1578 N.S.; Ord. No. 1729 N.S.; Ord. No. 1749 N.S.; Ord. No. 1792 N.S.; Ord. No. 1999 N.S.; Ord. No. 2064 N.S.; Ord. No. 2201 N.S.; Ord. No. 2241 N.S.; Ord. No. 2267 N.S.; Ord. No. 2363 N.S.; Ord. No. 2375 N.S.; Ord. No. 2407 N.S. §§ 1—5, 10; Ord. No. 2428 N.S. § 1; Ord. No. 2487 N.S., § 4; Ord. No. 2511 N.S., § 2; Ord. No. 2700 N.S. § 1; Ord. No. 2722 N.S. § 11; Ord. No. 2727 N.S. § 1; Ord. No. 2784 N.S. § 1; Ord. No. 2850 N.S. § 2; Ord. No. 2920 N.S. § 1; Ord. No. 2937 N.S. § 1; Ord. No. 2938 N.S. § 1; Ord. No. 2943 N.S. §§ 1, 2; Ord. No. 2944 N.S. § 1; Ord. No. 2979 N.S. § 1; Ord. No. 2984 N.S. § 1)

(Ord. No. 3054 N.S., § 1, 7-17-2012; Ord. No. 3072 N.S., § 1, 5-7-2013; Ord. No. 3077 N.S., § 1, 7-23-2013; Ord. No. 3111 N.S., § 1, 10-7-2014; Ord. No. 3168 N.S., § 1, 11-15-2016; Ord. No. 3183 N.S., § 1, 7-5-2017; Ord. No. 3184 N.S., § 1, 7-5-2017; Ord. No. 3248 N.S., § 2, 9-3-2019; Ord. No. 3255 N.S., § 2, 11-19-2019; Ord. No. 3309 N.S., § 2, 11-16-2021; Ord. No. 3333 N.S., § 2, 12-6-2022)

The following shall apply to fees established by this Chapter XXX, Development Regulations, in order to cover the costs to the City to process development applications:

a.

All filing fees shall be submitted in full at the time of application. Where a project requires more than one permit, the full fee shall be collected for each and every permit required.

b.

No filing fee shall be required for an application made by the City through its Planning Board, or by any City Department.

c.

Repealed.

d.

Portions of fees may be refunded upon withdrawal of an application. The amount of refund shall be determined by the Planning Director, based on the amount of work done by the City staff prior to withdrawal. No part of any fee shall be returnable after an application is heard by the Planning Board or Zoning Administrator.

e.

Fee credits may be granted toward resubmittal of an application if an application is withdrawn and resubmitted within sixty (60) days of the withdrawal with the prior written authorization of the Planning Director specifying the fee credit. The amount of credit shall be determined by the Planning Director, based on the amount of work done by the City staff prior to withdrawal.

f.

At the initiation of an applicant, and with the agreement of the Planning Director, expedited processing may be provided for complex projects such as, but not limited to: General Plan Amendments, rezonings, Development Plans and Master Plans, subdivisions or conversion to multiple houses, by the City retaining a consultant or extra-hire staff where the applicant agrees to pay all costs related to the arrangement for and provision of the consultant or extra-hire staff.

g.

From time to time, the City Council shall set by Resolution, the fee amounts to process development applications required in this chapter.

h.

Notwithstanding the penalties provided for under subsection 30-24.3, separate and additional penalty filing fees may be required when an application is a result of an enforcement action by the Planning Department or any other Department of the City of Alameda, in accordance with the fee schedule set by City Council Resolution.

(Ord. No. 2652 N.S. § 4: Ord. No. 1931 Exh. A; Ord. No. 2734 § 1)

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

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

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

a.

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

b.

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

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

a.

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

b.

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

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

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

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

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

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

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

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

a.

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

b.

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

c.

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

d.

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

e.

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

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

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)

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

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

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

a.

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

b.

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

c.

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

d.

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

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

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

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

a.

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

b.

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

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

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

a.

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

b.

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

c.

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

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

a.

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

1.

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

A.

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

B.

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

2.

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

A.

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

B.

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

b.

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

1.

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

2.

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

3.

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

4.

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

(Ord. No. 535 N.S. § 11-14A6; Ord. No. 1277 N.S.; Ord. No. 1371 N.S.; Ord. No. 1729 N.S.; Ord. No. 2428 N.S. § 12; Ord. No. 2920 N.S. § 11; Ord. No. 3333 N.S., § 5, 12-6-2022; Ord. No. 3373 N.S., § 2, 6-18-2024)

a.

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

b.

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

1.

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

c.

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

1.

Measurement of Height.

(a)

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

(b)

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

2.

Setback Requirements.

(a)

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

(b)

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

(c)

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

3.

Privacy Screening Requirement for Decks Exceeding Thirty (30′′) Inches in Height. Notwithstanding safety railing requirements prescribed by the A.B.C., and the limitations on barrier height prescribed in Section 30-5.14, decks above thirty (30′′) inches in height, and all roof decks may be required as a condition of Design Review approval to provide privacy screening barriers, and/or landscaping of sufficient height deemed sufficient to provide adequate screening, to mitigate potential privacy impacts. At no time, however, shall the top elevation of any railing or privacy screen for such decks exceed the building height limit of the subject zone.

4.

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

5.

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

d.

Window and Roof Projections.

1.

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

2.

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

3.

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

(a)

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

(b)

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

e.

Stairs and Landings.

1.

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

2.

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

f.

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

1.

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

(a)

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

(b)

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

(c)

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

g.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

h.

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

1.

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

2.

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

3.

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

i.

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

j.

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

k.

Exceptions to Allow Additions with Less Than the Required Minimum Side Yards. If a main building has less than the required side yard setback, additions may be approved with existing setbacks, or none, if none exist, if the following finding can be made: no major adverse effects such as significant shading or significant view blockage will occur on adjoining properties relative to existing conditions and relative to an addition built with a conforming setback.

1.

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

2.

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

l.

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

1.

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

m.

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

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

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

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

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

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

(Ord. No. 3333 N.S., § 5, 12-6-2022)

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

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

(Ord. No. 3333 N.S., § 5, 12-6-2022)

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

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

a.

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

b.

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

c.

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

d.

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

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

(Ord. No. 2933 N.S. § 6)

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

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

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

a.

Purpose. The purpose of this section shall be:

1.

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

2.

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

3.

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

4.

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

b.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

c.

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

1.

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

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

2.

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

3.

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

4.

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

5.

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

d.

Exceptions to Limitations on Barrier Height:

1.

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

2.

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

3.

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

4.

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

5.

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

e.

Prohibited Fencing Materials:

1.

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

2.

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

f.

Exceptions to Prohibited Fencing Material:

1.

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

2.

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

(a)

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

(b)

Inclusion of landscaping or other screening alternative fence locations.

(c)

Maintenance of fencing materials and landscaping.

g.

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

h.

Non-Residential Fences. On non-residentially developed or zoned properties, any permanent or temporary barrier which is visible from a public right-of-way or public access easement, shall require an administrative use permit pursuant to section 30-21.4 unless such barrier is included as part of a use permit governing the greater use of the property, a development plan approved pursuant to a planned development zoning, or a design review approval or unless the fence is required to address health or safety concerns caused by fire or other natural disaster for not more than thirty (30) days. Barriers of chain link or similar material shall be screened, and all barriers shall provide adequate access for safety and emergency personnel. Administrative use permits for temporary fences shall be conditioned to require removal of the fence in six (6) months. Requests for extensions to the six-month term shall require a use permit approved by the planning board.

i.

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

(Ord. No. 2630 N.S. § 3)

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

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

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

a.

Purpose and Applicability.

1.

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

2.

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

3.

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

b.

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

1.

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

2.

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

(a)

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

(b)

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

(c)

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

3.

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

(a)

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

(b)

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

4.

Standards.

(a)

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

(i)

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

(ii)

Light-colored blinds or curtains.

(iii)

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

(iv)

Paned glass with mullions on the exterior of the glass.

(v)

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

(vi)

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

(vii)

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

(b)

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

(i)

Layering and recessing glazed surfaces.

(ii)

Angled or faceted glazing that minimizes reflectivity and transparency.

(iii)

Louvres.

(iv)

Overhangs and awnings.

(v)

Glass block.

(vi)

Bird netting.

(vii)

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

(viii)

Glass embedded with photovoltaic cells.

(ix)

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

c.

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

1.

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

(a)

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

(b)

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

(c)

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

(d)

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

2.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

3.

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

(a)

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

(b)

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

4.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(g)

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

(h)

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

(i)

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

(j)

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

(k)

Holiday Displays. Seasonal and holiday lighting.

(l)

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

5.

Prohibitions. The following types of lighting are prohibited:

(a)

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

(b)

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

(c)

Mercury Vapor. The installation of new mercury vapor fixtures.

(d)

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

6.

Standards. Exterior lighting shall be consistent with these standards.

(a)

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

(i)

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

(ii)

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

(iii)

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

(b)

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

(c)

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

(d)

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

(i)

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

(ii)

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

(iii)

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

(iv)

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

(e)

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

(f)

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

(i)

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

(ii)

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

(iii)

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

(g)

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

7.

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

d.

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

e.

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

f.

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

g.

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

h.

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

(Ord. No. 3072 N.S., § 6, 5-7-2013; Ord. No. 3232 N.S., § 1, 12-18-2018; Ord. No. 3333 N.S., § 5, 12-6-2022)

a.

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

b.

Applicability.

1.

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

2.

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

3.

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

4.

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

5.

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

c.

Application Requirements.

1.

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

(a)

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

(b)

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

(c)

The current actual use of the property;

(d)

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

(e)

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

(f)

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

2.

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

d.

Review Authority.

1.

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

2.

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

e.

Review Procedure.

1.

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

2.

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

f.

Findings and Decision.

1.

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

(a)

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

(b)

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

(c)

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

(d)

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

2.

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

g.

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

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

a.

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

1.

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

2.

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

3.

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

4.

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

b.

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

c.

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

1.

Number and Type Allowed:

(a)

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

(b)

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

2.

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

3.

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

(a)

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

(b)

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

(c)

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

4.

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

(a)

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

(1)

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

i.

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

ii.

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

iii.

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

(b)

Required Setbacks from Side and Rear Property Lines:

(1)

No setbacks shall be required for an existing accessory structure or a new structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit. For purposes of this subsection, dimensions shall mean the exterior width, length, and height of the existing accessory structure up to eighteen (18′) feet.

(2)

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

(3)

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

i.

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

ii.

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

iii.

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

iv.

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

v.

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

(c)

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

(d)

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

(e)

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

5.

Design Standards:

(a)

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

(b)

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

(c)

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

6.

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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(1)

A cooking facility with appliances; and

(2)

A food preparation counter and storage cabinets.

(f)

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

(g)

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

(h)

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

(1)

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

(2)

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

(3)

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

d.

Parking: Off-street parking provided shall comply with Section 30-7. When a garage, carport, or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, replacement of the parking space(s) shall not be required. The driveway and curb cut may remain for off-street parking provided the length of such driveway is at least eighteen (18′) feet, measured from the property line, in order to accommodate a parked vehicle without any portion of the vehicle encroaching into the public right-of-way. Remaining driveways that do not meet the minimum eighteen (18′) foot length shall be abandoned per Section 22-18.3 as part of the construction of the accessory dwelling unit.

e.

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

f.

Application and Review Process.

1.

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

2.

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

3.

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

g.

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

h.

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

i.

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

j.

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

(Ord. No. 3184 N.S., § 9, 7-5-2017; Ord. No. 3278 N.S., § 2, 5-5-2020; Ord. No. 3309 N.S., § 4, 11-16-2021; Ord. No. 3333 N.S., § 5, 12-6-2022)

a.

General Regulation. Signs as defined in Section 30-2, are further defined in subsection 30-6.2, and are permitted in all zoning districts, but shall be designed, erected, altered, moved, removed, or maintained in whole or in part in accordance with the regulations prescribed in this section.

b.

Permit Required. A sign permit and a building permit shall be obtained as provided in Sections 6-3 and 13-1 of the Alameda Municipal Code.

c.

Purpose. The purpose of this section is to provide standards to safeguard life, health, property and public welfare by regulating and controlling the design, quality of materials, location, installation and maintenance of all forms of outdoor advertising, as defined in Section 30-2. The City finds that signs are important to the economic life and welfare of the City. However, when placed in an improper manner or used to an excessive extent, signs may be detrimental to the public safety and welfare. The public interest, conservation of property values, encouragement of orderly city development, aesthetic values and protection of the public health, safety and welfare therefore require that the use of signs be regulated.

d.

Intent. The objectives of the regulations in this section are to:

1.

Enhance the appearance and economic value of the community by regulating the quantity, size, type, location, design and maintenance of signs;

2.

Encourage signs which are compatible with adjacent land uses;

3.

Encourage a high quality design with a minimum of clutter;

4.

Encourage signs which are well designed and pleasing in appearance;

5.

Provide a reasonable and constitutional system of sign control;

6.

Conveniently direct persons to various activities and enterprises in the City;

7.

Reduce traffic and safety hazards through proper location and design of signs; and

8.

Prevent uncontrolled sign competition which is costly to business and visually unattractive to the community.

(Ord. No. 2938 N.S. § 3)

(Ord. No. 3027 N.S., § 3, 3-1-2011)

As used in this section:

Abandoned sign shall mean a sign, or part of a sign, or any structure that does or once had supported a sign, which has not, for a period over thirty (30) days, displayed the identity of a business, lessor, owner, product, service or activity on the premises where the sign and/or structure is located.

Affiliation sign shall mean any sign whose sole purpose is to identify membership in an association of businesses, such as credit card companies, association membership, trading stamps.

Auto dealership shall mean an establishment whose principal activity is the sale of new or used motor vehicles.

Auto row shall mean the parcels fronting on both sides of Park Street between the Park Street Bridge on the north and the north side of Lincoln Avenue on the south, including adjacent parcels contiguous to ones with frontage on Park Street under ownership or lease to auto dealers, and including adjacent portions of Blanding Avenue, Buena Vista Avenue, Pacific Avenue, Tilden Way and Lincoln Avenue which abut parcels under ownership or lease to auto dealers.

Awning shall mean a hood or cover which projects from a wall of a building, which is primarily intended to provide shade and shelter, and which is typically made of canvas or aluminum or similar materials, and may be fixed in place or retractable.

Balloon shall mean an inflated is filled with hot air or a gas lighter than air.

Banner shall mean a sign not made of rigid material either enclosed or not enclosed in a rigid frame, which is temporarily mounted or attached to either poles, trees or buildings, and may be placed as to allow movement of the sign by the wind.

Borderless sign shall mean a sign composed of parts of a message without a single border enclosing any of the parts.

Building frontage shall mean the portion of an exterior building wall which faces a public street, walkway or parking lot. When separated by interior walls, more than one (1) kind of business may be considered a separate place of business although operated within the same building by the same owner.

Bulletin board sign shall mean a sign used to display announcements relative to a public, charitable, religious or fraternal institution.

Business shall mean an organization involved in the provision of goods or services, including transitory residential uses such as motels and hotels but excluding multiple residential uses.

Business complex shall mean five (5) or more businesses located on one (1) or more parcels of land sharing common pedestrian or vehicular access or parking facilities.

Business park shall mean industrial or commercial development in all industrial, manufacturing zones designated in part by the letter M, which contain at least five (5) different businesses with a combined gross floor area of at least fifty thousand (50,000) square feet.

Commemorative plaques shall mean memorial signs and tablets, building name and erection date, symbols and similar emblems that are a permanent design element of a building or other structure.

Construction sign shall mean a sign which identifies the persons, firms or businesses directly connected with a construction project.

Dilapidated sign shall mean a sign that is no longer in a good state of repair, and is not visually attractive and functional, or has become a health or safety hazard.

Directional sign shall mean an on-site sign which is designed and erected solely for the purposes of directing vehicular and pedestrian traffic within a project. Such a sign shall contain no advertising copy.

District shall mean any zoning district designated in the zoning regulations of the City.

Directory sign shall mean an identification sign listing the tenants of a building, complex or multi-tenant space. Directory signs shall not include any logos or advertising.

Double-faced sign shall mean a sign constructed to display its message on the outer surfaces of two (2) identical and/or opposite parallel planes.

Exterior display wall shall mean a colonnade or a wall with openings designed as an architectural feature at the front edge of an automobile dealership's display lot, designed to provide continuity with adjacent buildings and to improve appearance at the sidewalk.

Externally illuminated shall mean illumination by a light source located outside of and not attached to the surface of the sign. Illuminated tubing and strings of lights outlining portions of buildings shall be considered externally illuminated signs.

Erected shall mean attached, altered, built, constructed, reconstructed, enclosed or moved, and shall include the painting of wall signs.

Face of sign shall mean the entire surface of a sign upon which copy can be placed.

Flag shall mean any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol.

Flashing sign shall mean any sign which is perceived as an intermittent or flashing light.

Fraternal organization shall mean a group of people associated or formally organized for a common purpose, interest or pleasure, which shall include lodges, social halls, and union halls.

Freestanding sign shall mean a sign fixed in an upright position on the ground not attached to a building or any structure other than a framework or device, erected primarily to support the sign.

Fundraising event sign shall mean a temporary sign announcing a fundraising drive or event of a civic, philanthropic, educational or religious organization. Political campaign signs are not included under this category.

Garage sale sign shall mean a sign with a message advertising the resale of personal property that has been used by the resident.

Governmental buildings. For the purpose of this article, shall mean and include: City, County, State and Federal buildings.

Grand opening sign shall mean a temporary sign or banner erected one (1) time only for a limited period of time to announce the opening of a new business.

Height shall mean the vertical distance from the uppermost point used in measuring the area of a sign to the ground immediately below such point or the level of the upper surface of the nearest curb of the street upon which the sign fronts, whichever measurement is the greatest.

Historic sign shall mean any signs that have been determined by the Historic Advisory Board to have historic merit.

Identification sign shall mean a sign which serves to tell only the name, address, business and/or profession of the occupant, or use of the building upon which the sign is located, and which may include an emblem, insignia or logo.

Illegal sign shall mean a sign erected in violation of the laws in effect at that time, and not in conformance with the regulations of the Alameda Municipal Code at the time of adoption of this article.

Informational sign shall mean any sign which is designed and erected solely for the purpose of communicating information for the safety or convenience of the public, such as telephone, danger, rest rooms.

Institutional uses shall mean uses such as schools, churches, fraternal organizations, community, governmental, and public recreational facilities, hospitals and convalescent homes.

Internally illuminated shall mean a sign whose light source is located in the interior of the sign so that the rays go through the face of the sign.

Light source shall mean a bulb or tube from which light is emitted when it is activated, including but not limited to incandescent filament bulb, electric discharge bulb, neon tube, and fluorescent tube.

Marquee shall mean a permanent structure extending over the entrance to a building, attached to and supported by the building or freestanding and self supporting.

Menu reader board shall mean any sign intended to provide information to patrons while using a drive-through facility.

Menu, window sample shall mean a copy of a restaurant's regular tableside or take out menu(s), placed in the window for the intent of allowing pedestrians to view such information as the restaurant's food items, hours of availability and prices.

Moving sign shall mean a sign which has any actual or apparent moving parts, activated in any way by mechanical or electrical devices or by wind currents. Signs which change or appear to change color or intensity of lighting shall be included.

Multiple-faced sign shall mean a sign constructed to display its message on a curbed surface or on two (2) or more planar surfaces.

Nonconforming sign shall mean any advertising structure or sign which was lawfully erected and maintained prior to the adoption of this article, and which has subsequently come under the requirements of this article, with which it does not completely comply.

Nonilluminated shall mean neither directly nor indirectly lighted and containing no material that is made for the purpose of being reflective or fluorescent.

Official sign shall mean a sign or signs required by governmental body to discharge its legally required function.

Off-premises directional sign shall mean a sign identifying a publicly owned facility, emergency facility, tenants within a business park, temporary subdivision signs, which are no greater than thirty (30) square feet in area. Such facilities and business parks may have no more than two (2) off-premises directional signs. Real estate signs are not included in this definition.

Off-premises sign shall mean any sign identifying a use, facility, service or product which is not located, sold, or manufactured on the same premises as the sign or which identifies a use, service or product by a brand name which, although sold or manufactured on the premises, does not constitute the principal item for sale or manufactured on the premises.

On-premises sign shall mean any sign identifying a use, facility, service or product which is located, sold, or manufactured on the same premises as the sign.

Parking lot shall mean an area of land which is accessible and usable for the off-street parking of motor vehicles, except for land designated for product display by new and used automobile dealers.

Pennant shall mean a long, narrow, usually triangular flag.

Permanent sign shall mean any sign for which a sign permit is issued with no time limit in accordance with the provisions of this article. Any mention of signs in this article shall be considered to mean permanent signs unless there is a specified time limit or reference to temporary (e.g., promotional) signs.

Political campaign sign shall mean a sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.

Portable freestanding sign shall mean a sign that is designed to be movable and is not structurally attached to the ground, a building, structure, or any other sign. Included are signs built in the configuration of an "A" or an "I" frame, and signs mounted on rollers or slides.

Privilege sign shall mean a standardized sign supplied at nominal cost or free to a retailer where a portion of the sign face identifies the products of a regional or national distributor or manufacturer available only incidentally on the premises, and a portion of the sign identifies the local retailer. Signs identifying the primary commodity, service or activity available on the premises, such as signs for auto dealerships, gasoline stations and chain stores and businesses, shall not be included in this category.

Promotional sign shall mean any temporary sign or device (other than permanent signs used to identify the business' or organization's name) used for advertising, examples of which include but is not limited to the promotion of limited time offers of gifts, products or sale prices.

Projecting sign shall mean any sign which is suspended from or supported by a building or wall and which projects outward therefrom. Signs suspended under a porch or permanent walkway covering shall be included.

Real estate sign shall mean a type of temporary sign indicating that a property or any portion thereof is open for inspection, for sale, for rent, or otherwise available or directing people to such a property. Temporary subdivision signs are not included under this definition.

Recreational facilities for the purposes of this article, shall mean and include public parks, and facilities for physical recreation such as golf, tennis, swimming and boating.

Reflective sign shall mean a sign which is not electrically illuminated, but which responds to light, such as from passing auto headlights by shining or glowing.

Roof sign shall mean any sign erected upon or above the roof or parapet of any building, including any porch, marquee, walkway covering, or similar roof like structure.

Seasonal decorations shall mean temporarily erected greetings, ornamentation and displays that relate to an established and recognized holiday, such as July 4 or Christmas, which contain no advertising.

Seasonal sales sign shall mean a temporary sign or banner erected for a limited period of time to identify a seasonal business such as Christmas tree lots.

Sign structure shall mean any device whose primary function is to support a sign.

Single-faced sign shall mean a sign constructed so that its message is displayed on a single plane, and is viewable from only one (1) side of the plane.

Streamer shall mean any, ribbon-like flag or banner that relies on wind motion to attract attention.

Subdivision sign shall mean a sign containing the name, location, or directions to a builder, developer, and pertinent information about a subdivision for which there is a properly approved and recorded map, and in which homes or units in a building remain to be constructed, completed or initially sold.

Temporary sign shall mean any sign or advertising display, including all forms of "promotional signs" as defined by this section, which is typically but not necessarily either made of paper, poster board, cardboard, cloth, canvas, fabric, plywood or other light materials, or painted directly onto windows, and is designed or intended to be displayed for a short period of time.

Vehicular sign shall mean a vehicle which has a sign mounted or painted thereon which is used primarily as the sign structure and not as a vehicle.

Wall sign shall mean any outward-facing sign affixed to a building or fence, at no point projecting more than six (6″) inches horizontally from the surface upon which it is attached.

Window display shall mean any collection of merchandise or artifacts, arranged in a three-dimensional display behind a window, typically intended to provide pedestrians with a visual display of the items available for sale. The term "window display" excludes "window sign" as defined by this section, but may include incidental price labels on the items being displayed.

Window sign shall mean any sign: (a) painted on, affixed to, or placed adjacent to, a window, door or opening or located inside within a distance of three (3') feet or less from a window, door or opening, or any sign located behind a window or door or within an opening; and (b) designed to be viewed from the outside of the building. The term "window sign" excludes "window display" as defined by this section.

(Ord. No. 2938 N.S. § 3)

This subsection provides regulations pertaining to all on-premise signs, and prescribes the maximum number of permanent on-premises signs and temporary promotional on-premise signs, and the maximum total area of such signs, that is permitted. The following subsection, "30-6.4 Requirements by Sign Type," prescribes additional limitations for the placement and size of specific types of permanent on-premises signs (e.g., "awning," "wall," "window" signs).

a.

Regulations Pertaining to All On-Premises Signs:

1.

Permit Required for All Permanent Signs. In order to assure compliance with the regulations of this section, no permanent sign (including signs that do not require building permits) may be installed until a sign permit has been issued. Sign permit applications shall be filed with the Planning Department, and reviewed by the Planning Director, or person so designated. To grant a sign permit, the Planning Director must find that the proposed sign(s):

A.

Are consistent with all applicable General Plan policies, all sign regulations of Section 30-6 of the Alameda Municipal Code, and all provisions of the City of Alameda Design Review Manual that may apply to the project type or site;

B.

Exhibit a design and materials that are appropriate for the site and compatible with adjacent or neighboring buildings or surroundings.

2.

Banners May Not be Used as Permanent Signs. Except where permitted as a temporary grand opening sign, banners may not be used as a sign to identify a business. Banners, regardless of mounting, may not be used as a permanent sign.

Signs Not Included in Allowable Maximums. Exempt signs, temporary signs other than promotional signs, and conforming off-premises signs shall not be included in the determination of the total allowable number of signs or total allowable sign area for a site.

3.

Maximum Permitted Area of Any One Individual Sign. The maximum area for any sign shall be fifty (50) square feet unless a smaller area is required by other regulations prescribed in the section.

b.

Number of Signs Allowed.

1.

The maximum number of permanent on-premises signs per first floor use allowed for each building frontage in any zoning district is two (2), exclusive of directional signs and window signs.

2.

The signs may be multiple-faced and in any combination except that a business or other use, other than a use with a drive through facility, may not have:

(a)

More than one (1) freestanding sign per lot.

(b)

More than one (1) projecting sign per use.

(c)

A combination of one (1) projecting sign and one (1) freestanding sign.

3.

Notwithstanding the above prohibition on more than one (1) freestanding sign, uses with drive through facilities may be allowed to install a maximum of two (2) additional freestanding signs, but only to serve as menu reader boards and primarily viewable only from vehicles in the use's driveway.

4.

The allowable number and type of business oriented directional signs shall be approved on an individual basis by the Planning Director.

5.

See subsection 30-6.3c.1.(c) below for number of signs allowed for non first floor uses.

c.

Sign Area Allowed.

1.

Business. The maximum total sign area shall be determined by measuring the building frontage of the business.

(a)

Except as provided in subsection (c) below, the total allowable sign area for a first floor business with a single building frontage shall be one (1) square foot of sign area per linear foot of building frontage, with a minimum allowed sign area of up to twenty-five (25) square feet and a maximum of one hundred (100) square feet.

(b)

For a first floor business with more than one (1) building frontage, or which occupies more than one (1) building, each building frontage shall be considered separately. The total sign area for any single first floor business shall not exceed one hundred fifty (150) square feet.

(c)

Multiple Occupancy Building:

(1)

First floor tenants whose businesses are visible from a public street, walkway or parking lot shall be entitled to a sign area based on the amount of building frontage used by that tenant, with an allowed sign area of up to twenty-five (25) square feet.

(2)

Second story tenants shall be entitled to either: one (1) window identification sign which shall not occupy more than twenty-five (25%) percent of the area of any one (1) window; or one (1) awning sign no larger than five (5) square feet.

(3)

Tenants above the first floor level, and tenants whose businesses are not visible from a public street, shall be entitled to signs as part of a directory sign, either freestanding or mounted on the building frontage; three (3) square feet maximum per tenant.

(d)

Home Occupation: One (1) non-illuminated sign not exceeding two (2) square feet in area shall be allowed.

2.

Non-residential Complexes, Shopping Centers, Residential Subdivisions, Mixed-Use Projects, Historic Districts and other Planned Development Projects:

(a)

Individual standards shall be set for each project. Requirements for similar uses discussed in this article shall serve as guidelines.

(b)

All signs, temporary and permanent, shall be approved by the Planning Director pursuant to a coordinated signing program. The program shall coordinate the following items:

(1)

Location, number, size and mode of display.

(2)

Colors, materials and illumination.

(3)

Temporary signs: duration of use.

3.

Multiple-Residential. The maximum total sign area for multiple-residential development shall be as follows:

(a)

Apartments, condominiums [three to ten (3-10) units]: Ten (10) square feet.

(b)

Apartments, condominiums [above eleven (11) units]: Twenty (20) square feet.

(c)

Shared living: Ten (10) square feet.

(d)

Convalescent homes: Fifteen (15) square feet.

(e)

Bed and breakfast facilities: Four (4) square feet.

4.

Professional Office. The maximum total sign area shall be as set forth in subsection 30-6.3c.1. above for businesses, plus the following maximum total sign area per building frontage:

(a)

Residential districts: Five (5) square feet.

(b)

All other districts: Twenty (20) square feet identification sign, and a directory sign, three (3) square feet per tenant up to a maximum of thirty-six (36) square feet.

5.

Hospitals. The maximum total sign area shall be one hundred fifty (150) square feet.

6.

Religious, Educational, Governmental, Recreational. The maximum total sign area shall be twenty (20) square feet.

(a)

Nursery schools, day care, group care and family care centers: Fifteen (15) square feet.

7.

Charitable, Social, Fraternal, Union. The maximum total sign area shall be fifteen (15) square feet.

8.

Construction Site: One (1) on-premises temporary sign not exceeding thirty-six (36) square feet in area. Duration shall be limited to the period of construction. (A use permit is required in all residential zoning districts, as regulated under subsection 30-21.3.)

(Ord. No. 2938 N.S. § 3)

(Ord. No. 3027 N.S., § 3, 3-1-2011; Ord. No. 3168 N.S., § 4, 11-15-2016; Ord. No. 3183 N.S., § 11, 7-5-2017)

a.

Calculation of Sign Area.

1.

Single-faced signs: The area shall be that within the outer-most border or edge of the sign.

2.

Double-faced signs: The area shall be that within the outermost edge of one (1) face of the sign.

3.

Multiple-faced signs and three (3) dimensional shapes: The area shall be the area of their maximum projection upon a vertical plane.

4.

Borderless signs: The area shall be that within a single polygon drawn with straight lines and right angle corners to enclose all sign parts.

5.

Awning signs: The area shall be the sum of the sign areas on each plane of the awning. The area of each sign shall be calculated in the same manner as for borderless signs.

6.

Sign-support structures: The area of sign-support structures other than posts or brackets, shall be calculated as sign area only when the appearance of such structures attracts attention for advertising, instructional or informational purposes.

7.

Directional signs: The area of business oriented directional signs shall be included within the total allowable sign area for the site.

b.

Wall Signs.

1.

Signs shall be located only on building frontages which are adjacent to a public street, walkway or parking lot.

2.

Signs shall not at any point project from the surface upon which they are attached more than required for construction purposes and never more than six (6″) inches.

3.

Signs shall be placed no closer to either side of an adjacent business wall than a distance equal to ten (10%) percent of the length of the wall. Signs placed closer shall be subject to twenty-five (25%) percent loss in total allowable sign area.

c.

Window Signs.

1.

Signs shall be permitted only for windows, doors or openings as set forth in the definition of "window sign" that are located on the first and second floors of the building frontage.

2.

Signs shall be mounted on the inside of or painted on windows, doors or openings as set forth in the definition of "window sign."

3.

No permanent and/or temporary window sign shall be larger than ten (10) square feet, and shall not occupy more than twenty-five (25%) percent of the area of any one (1) window. For the purposes of this section, window shall mean the area defined by the framing of the window. Exempt signs, as described in subsection 30-6.7, and window displays as defined by this section, shall not be considered "window signs" for the purpose of determining compliance with this subsection.

d.

Projecting Signs.

1.

Signs shall be mounted only on the building frontage of a business.

2.

Signs shall not be permitted for residential uses.

3.

Signs shall be limited to street level for street level uses.

4.

The design configuration and location of the sign shall not block the visibility of other signs on adjoining businesses.

(a)

Projection and area:

(1)

No sign shall project above the eave line of a building, or a sill of a second story window.

(2)

All signs shall have a minimum vertical clearance of eight (8′) feet from the ground to the bottom of the sign or sign structure.

(3)

No sign shall project within two (2′) feet of a curb line.

(b)

Side set in for businesses with building frontage sharing common sidewalks:

(1)

Businesses with a building frontage of more than thirty (30′) feet, the sign shall be set in a minimum of fifteen (15′) feet from each sidewall.

(2)

Businesses with a building frontage of thirty (30′) feet or less, the sign shall be centrally located; adjacent businesses may stack signs along a common side wall if the signs are of compatible designs and material.

(c)

Thickness: The maximum thickness of a projecting sign shall not exceed that required for construction purposes, and not exceed six (6″) inches.

e.

Awning Signs.

1.

Signs shall be located only on the building frontage of a business.

2.

Signs shall be limited to street level and second story occupancies.

3.

Signs may be located on more than one (1) plane of an awning and shall be considered as one (1) sign.

4.

The maximum sign area for an awning sign shall be thirty-six (36) square feet.

5.

The design configuration and location of the awning shall not block the visibility of other signs on adjoining businesses as seen by passersby on the street.

f.

Freestanding Signs.

1.

Signs shall not be permitted in areas zoned for residential use, except for institutional uses.

2.

There shall be a minimum of seventy-five (75') feet between any two (2) freestanding signs. The purpose of this provision is to avoid one (1) freestanding sign blocking the visibility of another sign on an adjoining site.

3.

The maximum height for freestanding signs shall be as follows:

(a)

Identifications sign: Twelve (12′) feet.

(b)

Subdivision and construction sign: Ten (10′) feet.

(c)

Directory sign: Eight (8′) feet.

(d)

Directional and informational sign: Six (6′) feet.

(e)

Exempt signs: Six (6′) feet.

4.

Signs shall not project over public property or vehicular easement or right-of-way.

5.

Landscaping shall be provided at the base of the supporting structure or the freestanding sign shall be incorporated into landscaped areas as determined by the Planning and Building Director.

6.

Sign area shall be allowed as follows:

(a)

Square footage allotted to a building may be transferred to a freestanding sign in lieu of its use on the building up to a maximum of thirty (30) square feet (area of one (1) face).

(b)

When there is no building on the lot, or when a building does not cover the entire frontage of a lot, additional square footage for use on the freestanding sign shall be allowed at the rate of one-half (½) square foot per linear front foot of that portion of the lot on which there is no building, up to a maximum of thirty (30) square feet (area of one (1) face).

g.

Marquee Signs.

1.

Signs shall be mounted only on the front and sides of a marquee.

2.

Signs shall not project more than six (6″) inches from the face of the marquee.

3.

Signs shall not extend above the top or below the bottom of the marquee.

4.

The maximum total area for marquee signs shall be twenty-five (25) square feet.

h.

Privilege Signs.

1.

The type of sign and its materials and colors shall be compatible with the architectural style of the building upon which it is to be located.

2.

No more than twenty-five (25%) percent of the total sign area available under subsection 30-6.3 may be used to advertise the supplier of the sign.

i.

Directory Signs.

1.

Directory signs shall not display any logos or advertising.

(Ord. No. 2938 N.S. § 3)

The provisions of Section 30-21 of this article shall apply only to subsections 30-6.3.b: "Number of Signs Allowed," 30-6.3.c: "Sign Area Allowed," and 30-6.4: "Requirements by Sign Type."

(Ord. No. 2938 N.S. § 3)

a.

No artificial exterior light used for the purpose of lighting any sign shall be so located as to result in the directing of light on to or reflecting glare upon any adjacent property or public right-of-way.

b.

External light sources shall be directed and shielded to prevent direct illumination of any object other than the sign.

c.

No brightly illuminated signs shall be allowed in, or within two hundred (200′) feet and facing any residential zoning district. (Exception: hospitals.)

d.

Light source shall utilize energy efficient fixtures.

(Ord. No. 2938 N.S. § 3)

The following types of signs shall be exempt from the provisions of these regulations:

a.

Regulatory Sign. Any sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation.

b.

Bench signs, when located at designated public transit bus stops.

c.

Commemorative plaques, if installed and maintained by government agencies or recognized historical societies and organizations.

d.

Emblems and Symbols. Religious symbols, legal holiday decorations and identification emblems of religious sects, orders or historical societies.

e.

Vehicle Signs. Signs on licensed commercial vehicles, including trailers; provided, however, that such vehicles shall not be utilized as parked or stationary outdoor display signs.

f.

Business District Directory Signs. Signs provided by the City for pedestrian identification of nearby businesses.

g.

Address. Street number and street name not exceeding two (2) square feet in area per single family or duplex unit, and four (4) square feet in area for all other uses.

h.

Affiliation Sign. Signs not exceeding one-half (½) square foot in area per sign, and six (6) in number per business.

i.

Barber pole, but shall contain no advertising.

j.

Flags. Flags of any nation or political jurisdiction shall be exempt provided that the pole height for flags mounted on poles shall not exceed twenty-five (25′) feet, except upon approval of a design review application which includes photographs and drawings submitted by the applicant, in order to achieve compatibility of scale with nearby large buildings and landscaping, and provided that the length of the flag shall be no more than one-quarter (¼) of the height of the pole. Weather flags, nautical flags and pennants when displayed on boats, in marinas, or on any land area within fifty (50′) feet of water frontage, shall be exempt provided that they shall be primarily viewed from the water and void of any commercial intent.

k.

Gasoline Sign. Pump signs identifying the type and octane rating shall be permanently affixed to the pump, not to exceed two (2) square feet in size and two (2) in number per pump for each gasoline type dispensed. Price signs readable from adjacent streets shall be in accordance with the requirements of the Business and Professional Code of California as to wording, coloring and size of letters and numerals, and shall not exceed five (5) square feet in area.

l.

Historic Sign. Any signs that have been determined by the Historic Advisory Board to have historic merit.

m.

Hours of Operation Signs. Signs displaying such information as the hours of operation, emergency contacts and whether or not a business is open or closed. Such signs shall not exceed two and a half (2.5) square feet.

n.

Interior Sign. Signs located within the interior of any building, mall, arcade, complex or structure and not visible from any public street, walkway or parking lot.

o.

Residential Nameplate. One (1) sign not exceeding two (2) square feet in area per single family or duplex unit.

p.

Crime Prevention Neighborhood Watch Signs. Signs identifying an area participating in a police department approved Neighborhood Watch Program. The allowable number, location and design of said signs shall be approved on an individual basis by the Planning Director. Maximum sign area: three (3) square feet; minimum ground clearance: seven (7′) feet; maximum height: nine (9′) feet.

q.

Signs Designating Drug Free Zones. Signs identifying the City of Alameda as a Drug Free Zone area. Maximum sign area: three (3) square feet; minimum ground clearance: seven (7′) feet; maximum height: nine (9′) feet.

r.

Hospital Directional Signs. Off-premises signs directing uses to twenty-four (24) hour emergency care facilities. The copy of such signs shall consist of "H," and/or "Hospital," and/or an arrow and shall not contain any advertising in the form of the specific facility name or logo. The allowable numbers, location and height of said signs shall be approved by the Planning Director and City Engineer. The total sign area in square feet for all signs mounted on the same pole or other structure at each location shall not exceed three (3′) feet in area, excluding arrow.

s.

Non-Commercial, Political, Religious or Public Service Signs. Signs containing noncommercial, political, religious or public service messages provided that these signs are used exclusively to display such messages and comply with the applicable advertising structure controls in subsection 6-3 of Chapter VI of this Code.

t.

Menu, window display, provided total area of posted menus does not exceed two (2) square feet (e.g., an area 12″ by 24″). Window menu displays in excess of two (2) square feet may be permitted as window signs, subject to the limitations on number of signs, and area of signs, prescribed by subsections 30-6.3 and 30-6.4.

u.

Portable Freestanding Signs. Notwithstanding other code sections regulating portable freestanding signs, portable freestanding signs are exempt when each of the following conditions are met:

(a)

Sign is limited to one (1) per tenant;

(b)

Sign will not exceed four (4') feet in height, nor three (3') feet in width;

(c)

Sign area will not exceed eight (8) square feet per side;

(d)

Sign is placed adjacent to the building frontage where the business is located;

(e)

Sign location will be entirely within the first three (3') feet of the sidewalk, starting at the building face;

(f)

Sign placement maintains a clear pedestrian access area of at least five (5') feet and does not block street corner, pedestrian crossings, visibility zones, Americans with Disabilities Act (ADA) ramps, ADA parking, bus stop zones or fire exits;

(g)

Sign shall remain standing and shall not be locked or chained or in any other way attached or secured to public property (e.g. trees, parking meters, street lights, other permanent structures); and

(h)

Sign is removed daily and whenever the business is closed.

(Ord. No. 2938 N.S. § 3)

(Ord. No. 3082 N.S., § 1, 11-19-2013)

In addition to exempt signs, and the permanent signs permitted by this section, the following types of temporary signs are permitted, subject to the following regulations and limitations. All temporary signs, other than promotional signs, are exempt from the number and size limitations prescribed by subsections 30-6.3 and 30-6.4. The time limitations for specific types of temporary signs are prescribed below:

a.

Closed for Vacation or Remodeling Sign. One (1) sign not exceeding two (2) square feet that specifies a reopening date and which is removed no later than the day following the reopening date.

b.

Fundraising Event Sign. One (1) sign not exceeding four (4) square feet in area per parcel or business for all parcels zoned for residential use, and sixteen (16) square feet in all other zoning districts; located on private property, with the owner's permission, for a maximum of thirty (30) days and removed within two (2) days after the event.

c.

Garage Sale. On-premises signs and directional off-premises signs, for not more than two (2) days prior to and removed within one (1) day after the sale.

d.

Grand Opening Sign. Signs or banners erected one (1) time only, for a maximum of thirty (30) consecutive days, and not exceeding fifty (50) square feet in area per sign. All grand opening signs shall state, using letters at least one (1″) inch in height, the date the sign was installed.

e.

Political Campaign Sign. Temporary signs on behalf of candidates for public office and for or against ballot measures, to be removed no later than two (2) days after the election.

f.

Promotional Sign. One (1) window sign may be located inside or outside the glazed area of each building elevation with a street frontage, for a maximum of thirty (30) consecutive days, and cumulative for a maximum of ninety (90) days per year subject to the limitations on maximum window sign area prescribed by subsection 30-6.4.c. All promotional signs shall state, using letters at least one (1″) inch in height, the date the sign was installed.

g.

Real Estate Sign. Real estate signs may be located in any zoning district, but may only be located on private property (subject to the granting of the owner's permission), and are subject to the following limitations:

1.

On-premises signs shall be located in accordance with the following:

(a)

One (1) on-premises sign is permitted for the time period that the indicated property is available for sale or rent. For single family dwellings or duplexes, the sign area shall not exceed four (4) square feet in area. For multi-family dwellings, commercial, or industrial uses, the sign area shall not exceed sixteen (16) square feet in area.

(b)

In addition, one (1) on-premises sign indicating the property is open for inspection not exceeding four (4) square feet in area. This sign may not be placed more than two (2) hours prior to the open house and must be removed within two (2) hours after the open house.

(c)

In addition, up to three (3) on-premises sign riders indicating information such as the agent's name and phone numbers, home warranties offered, or instructions on viewing the property. Each rider shall not exceed one (1) square foot.

2.

Off-premises signs are limited to a maximum of six (6) per open house, not exceeding four (4) square feet in area per sign. Signs may not be placed on public property except for medians of public roads and sidewalks. Signs may not be placed on medians or sidewalks in a manner which obstructs pedestrian or vehicular traffic, or lines of sight. These signs may not be placed more than two (2) hours prior to the open house and must be removed within two (2) hours after the open house.

h.

Seasonal Decorations. Seasonal decorations are permitted, providing that they are not installed more than forty-five (45) days prior to, and removed not more than seven (7) days after a holiday.

i.

Seasonal Sales Signs. Signs to identify a seasonal business may be erected for a maximum of thirty (30) consecutive days. Wall, fence, free-standing signs and banners shall not exceed twenty-five (25) square feet in total area. The same signs cannot be reused for sixty (60) consecutive days. Dilapidated signs cannot be reused. Permission shall be obtained from the Planning and Building Director unless exempt under subsection 6-3.7.

j.

Special Event Signs. Signs or banners with a holiday message identifying a civic or public event or holiday, and erected in any zoning district on private property with the owner's permission for not more than thirty (30) consecutive days and are removed within two (2) days following the event. Permission shall be obtained from the Planning and Building Director unless exempt under subsection 6-3.6. Banners to promote such special events may be located within vehicular rights-of-way, subject to the approval of the City Manager, and compliance with Bureau of Electricity, Building Inspection and Public Works Department regulations. California State Department of Transportation approval may also be necessary for banners within the vehicular rights-of-way.

(Ord. No. 2938 N.S. § 3)

a.

Obscene or Offensive to Morals. Signs containing statements, words, or pictures of an obscene, indecent or immoral character which appeal to the prurient interest in sex, or which are patently offensive and do not have serious literary, artistic, political or scientific value are prohibited.

b.

Hazards to Traffic. Other than when used for traffic direction, signs which contain or are an imitation of official traffic signs or signals are prohibited. No sign shall be erected in such a manner that its size, location, content, colors, or illuminations will interfere with, obstruct, confuse or mislead traffic.

c.

Hazards to Exits. No sign shall be erected in such a manner that any portion of the sign or its support is attached to, or will interfere with, the free use of any fire escape, exit, or standpipe. No sign shall be erected which will obstruct any required stairway, door, ventilator or window.

d.

Roof Locations. Signs erected upon or extending above any part of a roof or false roof structure are prohibited.

e.

Motion Devices. Signs utilizing flashing lights, changing of color intensity, or mechanical moving parts are prohibited including all moving signs. (Exceptions: historic signs, barber poles and, with a use permit, animated signs but only if determined by the use permit to have outstanding artistic merit.)

f.

Excess Area. Signs in excess of fifty (50) square feet.

g.

Windblown Devices. Except for exempt flags and banners, use of windblown or inflatable devices of any type is prohibited, including the production of smoke, bubbles, sound, or other substances.

h.

Portable Freestanding Sign. Portable freestanding signs on the public right-of-way are prohibited except for temporary service station and real estate signs, and signs in compliance with Section 30-6.7.u. Such signs may not be placed on medians or sidewalks in a manner which obstructs pedestrian or vehicular traffic, or lines of sight.

i.

Signs on Vehicles. No vehicle may be used as a platform or substitute for a billboard or any other type of sign, whether on private property or within a public right-of-way.

j.

Natural Despoliation. Signs cut, burnt, limed, painted or otherwise marked on a rock, tree or field are prohibited.

k.

In Storage. Signs shall not be located on a premises so as to be visible from off of the site prior to erection or while in storage.

l.

Dilapidated Signs, except Historic Signs.

m.

Abandoned Signs, except Historic Signs.

n.

Miscellaneous Signs and Posters. The posting or painting of signs not otherwise defined or permitted in this article.

(Ord. No. 2938 N.S. § 3)

(Ord. No. 3082 N.S., § 2, 11-19-2013)

Any on-premises sign which does not conform to the regulations of this section shall be removed by the owner or possessor thereof within the period of time prescribed herein and the surface on which the sign was mounted or attached shall be patched, painted and otherwise repaired to remove all evidence of the former sign.

a.

Signs with the following prohibited characteristics shall be abated immediately:

1.

Obscene or offensive to morals;

2.

Hazard to traffic;

3.

Hazard to exits;

4.

Vehicular sign;

5.

Portable advertising signs.

b.

The following prohibited signs shall be abated within thirty (30) days:

1.

Motion devices;

2.

In storage signs;

3.

Wind blown devices;

4.

Abandoned signs.

(a)

Continuation of abandoned sign: The owner or future user of an abandoned sign who desires to make subsequent use of the sign itself shall, within thirty (30) days of the abandonment, give written notification to the Planning and Building Director, and if approved by the Planning and Building Director resume use of the abandoned sign within thirty (30) days of the Planning and Building Director's approval. In the case of a sign structure, such written notification shall be given within one hundred eighty (180) days of the date of abandonment and the structure reused within one (1) year of such date.

5.

Dilapidated signs;

6.

Damaged Sign. Damaged to the extent of fifty (50%) percent of its current replacement value.

c.

All other nonconforming on-premises signs shall be abated either after the expiration of the useful life of the sign(s) for Federal income tax purposes or after a period equal to the number of years obtained by dividing the total cost of the sign(s) when installed by five hundred (500), whichever comes first, provided however, that no less than three (3) years from the effective date of this section* ^[1] shall be allowed for amortization.

(Ord. No. 2938 N.S. § 3)

Any sign that is in noncompliance with the regulations of this section shall be removed prior to or upon the date designated for removal in the above abatement schedule. If the owner of, or the person or persons responsible for, the sign fails to remove the nonconforming sign, the owner of the premises upon which the sign is located shall be responsible for the removal of the sign and the work shall be done within ninety (90) days following the date of non-conformance. The procedure for the removal of all nonconforming signs shall be as follows:

a.

The Planning and Building Director, or his/her designated representative, may cause the removal of any nonconforming sign and supporting structure and shall charge the costs incurred against any of the following, each of whom shall be jointly and severally liable for said charges; provided, however, that any decision or determination of the Planning and Building Director may be appealed in accordance with the general provisions as set forth in paragraph c.:

1.

The permittee;

2.

The owner of the sign;

3.

The owner of the premises on which the sign is located;

4.

The occupant of the premises on which the sign is located.

b.

A sign and supporting structure removed by the City shall be held not less than thirty (30) days by the City, during which time it may be recovered by the owner upon payment to the City for costs of removal and storage. If not recovered prior to expiration of the thirty (30) day period, the sign and supporting structures shall be declared abandoned and title thereto shall vest in the City and the cost of removal shall be billed to the owner.

c.

A person appealing the decision of the Planning and Building Director shall file a notice of appeal with the Secretary of the Planning Board within fifteen (15) days of the decision. The Planning Board shall hear the appeal. The decision of the Planning and Building Director shall be affirmed unless the appellant establishes that the sign(s) has not yet become nonconforming pursuant to subsection 30-6.15.

d.

Nothing in this subsection shall be construed to relieve the owner of the sign or the premises on which the sign is located, the permittee or the occupant of the premises on which the sign is located from the duty of removing sign(s) at the time required by this section.

e.

Removal by the Planning and Building Director, or his/her designated representative is an alternate procedure and nothing in this subsection shall be construed as a limitation on the authority of the City to abate nonconforming uses under this section as a nuisance pursuant to Section 1-5 of this Code. All nonconforming signs are declared hereunder, as well as under Section 1-5, a public nuisance.

(Ord. No. 2938 N.S. § 3)

All other sign regulations shall apply to auto dealerships within auto row except as provided in this subsection:

a.

Number of Signs Allowed.

1.

The maximum number of on-premises signs shall be six (6) per auto dealership, exclusive of directional signs, and a maximum of three (3) signs per building side. Signs may be posted on the street facade of a building or a building facade facing a parking lot, provided that the lot is used by the same dealership.

2.

An exterior display wall shall be considered a building frontage for purposes of sign placement. All exterior display walls shall be subject to design review.

3.

The signs may be multiple-faced and in any combination except that a business may not have:

(a)

More than one (1) freestanding sign per lot;

(b)

More than one (1) projecting sign per auto dealership;

(c)

A combination of one (1) projecting sign and one (1) freestanding sign.

4.

Directional Signs. Each auto dealership may have a maximum of three (3) vehicle oriented safety and directional signs solely for the purpose of guiding traffic, parking, and loading or private parking inside the property, and not bearing advertising materials or business identification. Maximum sign area shall be four (4) square feet. Maximum height for freestanding signs shall be four (4') feet. Additional directional signs may be permitted by design review, based on a finding of necessity. Directional signs shall not be included in the computation of total number of signs nor total signage allowed.

b.

Sign Area Allowed.

1.

The maximum total sign area shall be determined by measuring the building frontage of the auto dealership.

(a)

The total allowable sign area for an auto dealership shall be one (1) square foot of sign area per linear foot of building frontage, with a minimum of twenty-five (25) square feet and a maximum of two hundred (200) square feet.

(b)

A component or department of an auto dealership, such as service and repair, which is on a separate parcel from the dealership shall be considered a separate business but shall comply with all sign regulations of Section 30-6, and the additional provisions of subsection 30-6.12 shall not apply.

(c)

The maximum area for any sign shall be one hundred fifty (150) square feet.

c.

Window Signs.

1.

Signs shall not occupy more than twenty-five (25%) percent of the window area, except that a larger percentage may be covered in conjunction with a special event for a maximum of four (4) periods per calendar year, but in no case is the time period to exceed twenty (20) days per year, subject to approval of the Planning and Building Director, upon submission of a written request. Time periods during which such larger window displays are allowed shall be included in the total time for special events as specified under point (e)(1) below.

d.

Freestanding Signs.

1.

The maximum height of freestanding identification signs shall be twelve (12') feet.

2.

Freestanding signs are not subject to the seventy-five (75) foot separation requirement set out in subsection 30-6.4(f)2 but shall be placed to assure no view blockage of existing signs.

e.

Special Events Decorations.

1.

Special events decorations, including banners, and flags, except balloons, pennants and streamers, may be permitted in conjunction with a special event for a maximum of four (4) periods per calendar year, but in no case is the time period to exceed twenty (20) days per year, subject to approval of the Planning and Building Director, upon submission of a written request. Time periods during which window displays covering more than twenty-five (25%) percent of the window area are allowed, as specified under point (c)(1) above, shall be included in the total time for special events.

2.

Balloons, pennants and streamers may not be used at any time.

(Ord. No. 2938 N.S. § 3)

Off-premises outdoor advertising signs, where permitted, shall not:

a.

Exceed fifty (50) square feet;

b.

Be located on the roof of a building;

c.

Be located within:

1.

One thousand (1,000') feet of another off-premises outdoor advertising sign which does not conform to the provisions of paragraph a. where both of the signs do not conform to the provisions of paragraph a.; or

2.

One hundred (100') feet of another off-premises outdoor advertising sign where one (1) or both of the signs conform to the provisions of paragraph a.

d.

Excepting off-premises directional signs, be visible from a building or lot in a residential district;

e.

Excepting off-premises directional signs, be visible within one thousand (1,000') feet of any bridge, tunnel, dock or boat ramp;

f.

Be located so that a motorist would view the sign as adjacent to or behind a traffic signal or sign from a distance of one hundred (100') feet or less from the nearest curbline of the cross street at the intersection controlled by the traffic signal;

g.

Excepting off-premises directional signs, be located on a route designated on the General Plan as a scenic route;

h.

Excepting off-premises directional signs, be located on or adjacent to a parcel of land containing a structure listed on the historical building study list;

i.

Be located in residential or C-1 Districts.

(Ord. No. 2938 N.S. § 3)

Off-premises directional signs require use permit approval pursuant to subsection 30-21.3.

(Ord. No. 2938 N.S. § 3)

Any off-premises sign which does not conform to the regulations of this section shall be removed by the owner or possessor thereof at the earliest of the following occurrences:

a.

The expiration of the useful life of the sign or signs for federal income tax purposes;

b.

The recovery of the owner's investment, including cost of installation, as measured by the sum of the net income earned. Net income earned shall mean gross revenues earned less expenses of operation and administration and a provision for ten (10%) percent return on invested capital;

c.

The passage of fifteen (15) years from the date of completion or acquisition of the sign;

d.

The passage of five (5) years from February 16, 1973 (the effective date of Ordinance No. 1683); or

e.

One (1) year shall be added to the applicable paragraph a. through d. to compensate the owner for the cost of removal.

(Ord. No. 2938 N.S. § 3)

a.

Where there is a conflict between the regulations of this section and the regulations of any other section of this Code, the regulations of this section shall prevail; provided, however, that the regulations of other sections shall prevail in the following cases:

1.

Where the regulations of any other section are more restrictive;

2.

Where a Planned Development District has been established in accordance with the procedure set forth in subsection 30-4.13 paragraphs a. through n. of this Code, provided that any such Planned Development District regulations shall include comprehensive sign regulations encompassing the entire Planned Development District area.

b.

Nothing contained in Section 6-3 of this Code shall be construed to authorize or permit any sign prohibited or regulated by this section.

(Ord. No. 2938 N.S. § 3)

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

a.

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

b.

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

c.

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

(Ord. No. 3309 N.S., § 5, 11-16-2021)

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

a.

New buildings;

b.

New dwelling units;

c.

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

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

(Ord. No. 3309 N.S., § 5, 11-16-2021)

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

a.

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

b.

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

c.

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

d.

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

e.

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

1.

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

2.

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

3.

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

4.

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

f.

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

g.

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

h.

Table A: Allowable Maximum Off-Street Parking Requirements.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

Any new or expanded parking facility shall be provided with the minimum number of spaces required to serve persons with disabilities in accordance with the requirements of the California Building Code (CBC). For the purposes of this subsection, the minimum number of accessible spaces required by the CBC shall be calculated based on the maximum number of spaces set forth in Section 30-7.3, Off-Street Vehicle Parking Regulations. Projects exceeding the maximum number of spaces permitted in Section 30-7.3 shall meet the CBC minimum requirements.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

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

a.

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

b.

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

c.

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

d.

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

e.

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

f.

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

g.

Definitions:

1.

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

2.

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

3.

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

4.

Electric Vehicle Charging Station (EVCS) shall mean a parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of thirty (30) amperes connected to a circuit serving a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.

5.

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

h.

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

(Ord. No. 3309 N.S., § 5, 11-16-2021)

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

a.

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

b.

Uses not specified in Table B shall utilize the same rates as the most similar uses specified in Table B as determined by the Planning Director based on demonstrated bicycle parking need for comparable uses. Bicycle parking shall be designed consistent with the City of Alameda Bicycle Facility Design Standards.

c.

Dedicated Private Garages. Dwelling units with private, dedicated garages are considered as having satisfied the requirement for long-term bicycling parking spaces.

d.

Table B: Minimum Number of Bicycle Parking Spaces.

e.

Design Standards. Bicycle parking shall be designed consistent with the City of Alameda Bicycle Facility Design Standards.

f.

Manual Lifting. For projects requiring at least ten (10) long-term bicycle parking spaces, spaces that require the user to manually lift the bicycle vertically two (2′) feet or more off the ground shall not constitute more than thirty (30%) percent of the total spaces. All other spaces shall not require lifting the bicycle or be equipped with mechanical or other built-in assistance to secure the bicycle.

g.

Other Bicycle Types. For projects requiring at least ten (10) long-term bicycle parking spaces, a minimum of ten (10%) percent of spaces shall accommodate bicycles that might not fit in traditional racks such as cargo bikes, adult tricycles and electric bicycles with wider tires.

h.

Use of Public Right-of-Way. Short-term bicycle parking may be located in the public right-of-way, subject to an Encroachment Permit or other Public Works Director approval.

i.

Exceptions. The Planning Director or Planning Board may authorize exceptions to the requirements of the minimum number of bike parking spaces stated in Table B, location, or the design standards, if such exception is required to address unique site constraints, any unique or special characteristics of the use, or is appropriate to provide improved access to bicycle parking facilities.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

Transportation Demand Management (TDM) programs shall be implemented to relieve automobile congestion and provide for the safe, efficient, and equitable use of the public street network by pedestrians, bicyclists, transit, emergency vehicles, and automobiles; and to reduce the air pollution, storm water runoff, urban heat island effects, and greenhouse gas emissions generated by automobile use, consistent with the following requirements:

a.

TDM Program. Any development or project under Section 30-7.2 that will result in a net increase of one hundred ten (110) vehicle trips per day onto the public street network as determined by the Institute of Transportation Engineers (ITE) Trip Generation Manual shall implement a TDM Program designed to reduce the number of vehicle trips generated by the project. The TDM program shall implement measures and/or improvements designed to change individual travel behavior to encourage greater use of alternative modes of transportation to reduce single-occupancy vehicle trips, vehicle miles traveled, and parking demand.

b.

Unbundled Parking. The cost of private residential parking in a shared common parking facility shall be unbundled from the price of the housing unit such that potential renters or buyers shall have the option of renting or purchasing a dwelling unit at a price lower than would be the case if there were a single price for both the dwelling unit and the parking space. The following rules shall apply to the sale or rental of parking spaces in new multi-family residential buildings of ten (10) units or more:

1.

All off-street parking spaces shall be leased or sold separately from the rental or purchase fees for the individual units for the life of the units, such that potential renters or buyers have the option of renting or buying a unit at a price lower than would be the case if there were a single price for both the unit and the parking space(s).

2.

Potential buyers and renters of affordable residential units have an equal opportunity to buy or rent parking spaces on the same terms and conditions as offered to the potential buyers and renters of market rate units, at a price proportional to the sale or rental price of their units as compared to comparable market rate units. This stipulation shall be included in any agreement recorded between the City and the developer pertaining to the affordable housing units.

3.

Affordable units that include financing requirements that conflict with these provisions may be granted an exception from these provisions by the Planning Director or Planning Board.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

Off-street vehicle parking spaces are subject to the following requirements and standards:

a.

Improved Surface. All parking areas and access driveways shall have a smoothly graded, stabilized, all weather and dustless surface with adequate drainage so that damage will not be caused to adjacent properties, nor will such water drain across a public walk. Appropriate bumper guards or curbs shall be provided, where needed, in order to define parking spaces or limits of paved areas.

b.

Landscaping. For unenclosed parking lots, a minimum of one (1) tree for every four (4) parking spaces shall be provided to reduce heat island effect and create a tree canopy throughout the parking lot. Unenclosed parking spaces next to the walls of adjacent buildings or property lines shall be separated from such by a minimum three (3′) feet of landscaped area. Backup areas and driveways shall have a minimum of one (1′) foot of landscaped separation from property lines as measured from inside of curb, or adjacent pavement if no curb. Any unenclosed parking space or backup area that is adjacent to a public street shall be separated from the public street or sidewalk by a minimum of five (5′) feet of landscaped area.

c.

Location on Site. No parking space for a residential building may be located in any minimum required front yard, or in any minimum required side yard on the street side of any corner lot. No parking spaces for a non-residential building shall be located between the main building(s) and the street frontage(s). Parking spaces located between the main building(s) and the street frontage(s) may be approved through design review if it can be demonstrated that:

1.

To locate the parking in conformance with subsection 30-7.8(b) would not constitute a change in the existing conditions on the site, or

2.

The nature of the proposed use or the configuration of the property requires that some or all of the parking be located in front of the building, and

3.

The design of the parking area and driveways will not adversely impact pedestrian, bicycle, vehicular, or transit visibility, as defined by subsection 30-5.14(b)10 or access in the vicinity of the site as determined by the Public Works Director.

d.

Wheel Stops. Where parking is provided perpendicular or angled into a public or private sidewalk or other pedestrian or bicycle pathway, wheel stops or other appropriate measures such as extending the curb and landscaped area as described below shall be utilized to prevent encroachment by parked vehicles. The required parking space lengths may, for nonparallel spaces, be reduced by up to one and one-half (1½′) feet, with the curb to serve as a tire stop. The one and one-half (1½′) feet wide area that would otherwise be paved as part of the parking space (i.e. the "overhang" area), shall either be landscaped (with lawn or ground covers not exceeding six (6") inches in height), or if abutting a walkway, shall be paved with material similar to that of the walkway.

e.

Lighting. Parking areas shall be adequately illuminated to ensure public safety. Lighting shall be so designed and located to shield light from adjoining properties and shall not cause a glare hazardous to pedestrians or auto drivers. The maximum height of a parking lot light standard shall be twenty-five (25′) feet. All light fixtures in residential zones, or on parcels adjacent to any residential use, shall be limited to "full cut-off" type illumination. Ground level illumination shall not exceed a minimum standard of two (2) foot candles, with a ratio no greater than fifteen to one (15 to 1) between the highest and lowest areas of illumination. In a residential zone, or on a parcel adjacent to any residential use, the permitted minimum standard is reduced to one-half (½) foot candles. Any proposal for parking lot lighting that would vary from the above standards is subject to approval by the Planning Director.

f.

Physical Clearance. All parking backup and driveway access areas shall have a minimum vertical clearance of seven (7′) feet, except handicapped parking and access areas which shall have eight (8′) feet vertical clearance. Parking spaces shall be maintained free and clear of obstruction except as necessary to accommodate landscape wells, supporting structures for parking lifts, and other parking facility elements approved by the Planning Director.

g.

Access Design. Parking areas with five (5) or fewer spaces may be designed for vehicles to back out onto the street. All other parking areas shall be designed for vehicles to enter and exit in a forward direction, unless otherwise permitted by the Public Works Director.

h.

Residential Driveway Width. For residential uses, a minimum driveway width of eight and one-half (8½′) feet and a maximum of ten (10′) feet is permitted. Driveways that provide access to two (2) or more adjacent single car garages, if separated from each other by a landscaped strip not less than three (3′) feet wide, are measured as individual driveways when determining compliance with this subsection.

1.

Exceptions to the ten (10′) foot limitation for residential driveways may be permitted to: (i) allow a maximum width of up to sixteen (16′) feet in order to provide access to a two (2) car garage located no further than fifty (50′) feet from the lot's street frontage(s); or (ii) allow a "flare out" that provides adequate maneuvering area to a multi car garage located more than fifty (50′) feet from the lot's street frontage(s), subject to approval by the Public Works Director.

i.

Commercial Driveway Width. For non-residential uses, a driveway occupying no more than forty (40%) percent of lot frontage or twenty (20′) feet in width (whichever is less) is permitted. For service stations a maximum driveway width of forty (40′) feet is permitted.

j.

Driveway Location. The centerline of an access driveway where it connects to a street shall be at least thirty-five (35′) feet from the nearest street right-of-way line of an intersection, unless otherwise permitted by the Public Works Director.

k.

Curb Cuts. No more than one (1) curb cut per lot shall be allowed per parcel, or if one use is occupying multiple parcels with cross access easements, per use, except for service stations where access shall be limited to a maximum of two (2) curb cuts, unless otherwise approved by the Planning and Public Works Directors.

1.

Notwithstanding subsection (k) above, new curb cuts for automobile access to new, expanded, or existing off-street parking lots are prohibited on Park Street and Webster Street frontage within the C-C zoning district, as well as crossing any Class IV separated bikeways that are built or part of an adopted plan. Existing curb cuts may be relocated, or access may be provided from a side street, provided that the property does not already include one (1) curb cut on the side street or has sufficient frontage on the side street to safely accommodate the additional curb cut, as determined by the Public Works Director. If access cannot be provided from an existing, relocated, or side street curb cut, then the project applicant may request a waiver of this requirement as approved by the Planning and Public Works Directors.

l.

Regular Spaces. At least fifty (50%) percent of the provided parking spaces shall be not less than eight and one-half (8½′) feet wide by eighteen (18′) feet long exclusive of access driveways and backup areas. The parking space length shall be increased to twenty-one (21′) feet for parallel spaces. Trees, bollards, poles or other obstructions shall not encroach into these dimensions.

m.

Compact Spaces. A maximum of fifty (50%) percent of the provided parking spaces may be compact car spaces, at least seven and one-half (7½′) feet wide by fifteen (15′) feet long. When more than three (3) compact spaces are provided immediately adjacent to one another, spaces shall be not less than eight (8′) feet wide. All compact spaces shall be clearly marked "COMPACT." The parking space length shall be increased to eighteen (18′) feet for parallel spaces. Trees, bollards, poles, or other obstructions shall not encroach into these dimensions.

n.

Backup Area. Minimum backup areas for parking spaces shall be as listed below. When standard and compact spaces share the same backup area, the backup depth for standard spaces shall be utilized.

(Ord. No. 3309 N.S., § 5, 11-16-2021)

The conversion of any structure to a multiple house shall conform to the provisions of this section. No converted unit may be occupied until an occupancy permit has been issued by the Building Official. The Building Official shall issue an occupancy permit for buildings which have been converted in accordance with the provisions of this section and Article I of this chapter.

(Ord. No. 535 N.S. § 11-14D1; Ord. No. 1277 N.S.)

The conversion of an existing residential unit or units to multiple family dwelling units is permitted when the conversion meets the requirements of:

a.

The zoning regulations;

b.

All current State and local structural, safety and utility codes;

c.

Design Review;

d.

Notice and relocation assistance plans approved by the Planning Board after hearing thereon;

e.

A structural pest report, prepared by a licensed operator; and

f.

The conversion does not significantly reduce rental units available in the price range below the median price range of apartments in Alameda or does not significantly reduce units which provide accommodations to disabled or transient persons.

(Ord. No. 535 N.S. § 11-14D2; Ord. No. 1277 N.S.)

The conversion of structures which cannot meet the requirements of subsection 30-8.2 is permitted upon approval of the Planning Board. The Planning Board shall find that:

a.

The building was constructed prior to the date of this section;

b.

The Building Official has certified that there are no violations of codes or statutes applicable to structures involved. Codes or statutes shall be applicable if they were in effect at the time of construction or alteration of structures involved or are, in the opinion of the Building Official, health and safety provisions applicable to existing structures;

c.

The applicant has submitted a plan showing all feasible means for making structures, grounds and utilities conform to current codes and statutes and agrees, in writing, supported by a performance bond, to perform same as a condition of approval. The plan shall include a report from a registered engineer detailing the present condition of the building and expected useful life of all common structural and mechanical components of the conversion or, in lieu thereof, applicants may request, with the approval of the City Engineer, that the report be prepared by City personnel. The plan shall also include the structural pest report of a licensed operator;

d.

Compliance with the above plan to improve the property will provide sufficient amenities to persons purchasing property as a home. The Board may consider in making said determination the level of sound attenuation of structures, the probable life of structures, the availability of off-site and on-site parking and open space, the availability of storage and other facilities, laundry space and the condition of utilities.

e.

The subdivider has submitted a plan for tenant relocation assistance. The plan shall include a program for paying moving expenses and deposits as well as assisting tenants to obtain new housing if they are unable to purchase a unit in the project. The plan must give particular attention to the needs of elderly, handicapped, households with minor children and households of low and moderate income. The plan may include but is not limited to assistance such as extended or lifetime leases, purchase assistance such as tenant discounts and special loan programs. Assistance to tenants of low and moderate income may include subsidized rents in other buildings and assistance in qualifying for government housing programs such as Section 8. The Board shall not accept the tenant relocation assistance program unless the subdivider has demonstrated to the satisfaction of the Planning Board that all tenants can obtain affordable housing either through purchase of a unit, through available rentals in the vicinity or through an extended lease program.

f.

The conversion has been reviewed and reported upon by Design Review;

g.

Notice and relocation assistance can be satisfied by the applicants;

h.

Prior to approval of the final map, the subdivider shall submit lease forms and a final tenant assistance plan including all conditions attached to the conversion and tentative map approval. A copy of this plan shall be given to each tenant household before the final map is approved.

i.

Energy. The subdivider shall submit a plan describing proposed energy saving improvements which will be installed but not limited to insulation of exterior walls, ceilings, floors, ducts and water heaters, installation of energy saving appliances, use of pool covers and solar heating for pools.

(Ord. No. 535 N.S. § 11-14D3; Ord. No. 1277 N.S.)

Applications for conversion shall contain the following information to the satisfaction of the Planning Board:

a.

A verification that the conversion satisfies the requirements of subsection 30-8.2 or is capable of satisfying the requirements of subsection 30-8.3;

b.

Documents factually supporting the verification not already on file with the City and a list of documents on file with the City which support the verification;

c.

A rental structure of units over the last three (3) years including the vacancy factor;

d.

Where not previously approved, drawings necessary for design review;

e.

Names and addresses of current tenants, length of tenancy, number and ages of occupants, size of unit, income of tenants by category; below eighty (80%) percent; between eighty (80%) percent and one hundred twenty (120%) percent; and above one hundred twenty (120%) percent of median income in the San Francisco Standard Metropolitan Statistical Area and whether handicapped or not, on a form acceptable to the Planning Board.

f.

A copy of the proposed CC&R's, proposed Homeowners' Association fees, proposed sales price range of units, and comparative analysis of rental costs for prior years to costs of purchase and fees.

g.

Any other information requested by the Planning Director which is needed to determine whether the project is consistent with the requirements of this section.

h.

Where current parking requirements are not met, the number of cars owned by all tenants.

(Ord. No. 535 N.S. § 11-14D4; Ord. No. 1277 N.S.)

a.

Prior to submitting an application for a condominium conversion the subdivider shall notify all tenants of his intent to convert to a condominium and provide each tenant with a copy of the proposed tenant relocation assistance plan described in subsection 30-8.3. No tenant rent will be increased from the date of this notice until six (6) months following the approval of the final map, or the tenant purchases a unit or relocates to other accommodations, whichever occurs first.

b.

Applicant shall also file sufficient copies of all information and diagrams reviewed by the Planning Board or Design Review and sufficient copies of all information and diagrams reviewed by other departments;

c.

The applicable departments shall review the application to determine conformity herewith and report their findings to the Planning Director;

d.

Conversions shall be approved or disapproved by the Planning Board within a reasonable period of time after all departments report to the Planning Director and the Building Official has filed his certification therewith pursuant to subsection 30-8.3b.

e.

Notice of hearing held pursuant to paragraph d. shall be given in the manner prescribed by subsection 30-21.7, and all tenants shall be given notice by mail thirty (30) days prior thereto.

(Ord. No. 535 N.S. § 11-14D5; Ord. No. 1277 N.S.; Ord. No. 1931 Exh. A No. 4)

Persons converting buildings pursuant to this section shall:

a.

After receipt of the preliminary subdivision public report give notice of intention to convert in writing one hundred twenty (120) days in advance to tenants before they are required to relocate.

b.

Offer all tenants not in arrears of rental or leasehold payments, a nontransferable right of first refusal of purchase of his/her unit for sixty (60) days duration after receipt of a public report from the Real Estate Commission.

c.

Notify all tenants occupying units subsequent to the notices given pursuant to subsection 30-8.5 of the intent to convert, or the approval hereunder to convert, before the tenant consents to a lease or rental agreement.

d.

The subdivider shall provide tenants not wishing to purchase with information on available apartments of comparable size, price and location within the City.

(Ord. No. 535 N.S. § 11-14D6; Ord. No. 1277 N.S.)

In order to protect the availability of rental housing for occupancy, no conversion of rental housing to multiple houses shall be permitted when the ratio of owner-occupied units exceeds sixty (60%) percent of the total number of dwelling units available.

(Ord. No. 535 N.S. § 11-14D7; Ord. No. 1277 N.S.)

All approvals hereunder shall expire and become void if a final subdivision map is not filed therefor within two (2) years after the approval.

(Ord. No. 535 N.S. § 11-14D8; Ord. No. 1277 N.S.)

A fee for engineering and for planning plus costs by the hour shall be paid by every applicant for a conversion. A deposit for said costs shall be required for each dwelling unit. If the hourly rate exhausts said deposit, another deposit shall be made. The fee shall be set by City Council Resolution.

(Ord. No. 535 N.S. § 11-14D9; Ord. No. 1277 N.S.; Ord. No. 2579 N.S. § 1)

Applicant shall pay all costs of inspections and engineering reports done by the Public Works Department. There shall be a minimum charge for in lieu reports made pursuant to subsection 30-8.3c. The fee shall be set by City Council Resolution.

(Ord. No. 535 N.S. § 11-14D10; Ord. No. 1277 N.S.; Ord. No. 2579 N.S. § 2)

Each quarter following approval of the final map for a period of two (2) years, the subdivider shall provide the following information to the Planning Department:

a.

Name, address, phone number and current fees for the Homeowners' Association.

b.

Status report on all units including sales price, financing available, number of units occupied by previous tenants, either as renters or buyers, number of units which are owner occupied, number of units which were purchased with intent to be used as rentals, number of occupants previously residing in Alameda, number of buyers who were formerly renters, new addresses of tenants who do not remain in the project.

(Ord. No. 535 N.S. § 11-14Dll; Ord. No. 1277 N.S.; Ord. No. 2015 N.S.)

The occupancy of any structure for adult entertainment activities shall conform to the provisions of this section, and all other applicable sections of this Article.

(Ord. No. 1849 N.S.)

As used in this section:

Adult book store shall mean an establishment having as a substantial or significant portion of its stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities, or specified anatomical areas, (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.

Adult cabaret shall mean an establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators, or similar entertainers.

Adult entertainment activity shall mean an adult book store, adult motion picture theater, peep show, adult cabaret, pool or billiard establishment, amusement hall or fortune-telling establishment.

Adult motion picture theater shall mean an enclosed building or drive-in theater used for presenting material distinguished or relating to specified sexual activities or specified anatomical areas, (as defined below) for observation by patrons therein.

Amusement hall shall mean an establishment in which more than five (5%) percent of the net floor area is devoted to pool tables, coin-operated movie projectors, or similar machines operated by an attendant, excluding pinball machines, video games and other game machines as defined in subsection 30-10.2.

Net floor area shall mean floor area devoted to or capable of being devoted to a lawful permitted or conditional use or uses and related accessory use(s), excluding walls, parking and loading spaces and areas, hallways, stairways, storage areas, bathrooms and mechanical equipment areas necessary for maintenance of the building.

Specified anatomical areas shall mean:

a.

Less than completely and opaquely covered: (a) human genitals, pubic region, (b) buttock, and (c) female breast below a point immediately above the top of the areola; and

b.

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified sexual activities shall mean:

a.

Human genitals in a state of sex stimulation or arousal;

b.

Acts of human masturbation, sexual intercourse or sodomy;

c.

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

Peep show shall mean a building used for the same purpose as outlined above, but in which movies are shown in individual cubicles or booths by separate coin-operated movie projectors.

Massage establishment is defined in subsection 6-46.2 of the Alameda Municipal Code.

(Ord. No. 1849 N.S.; Ord. No. 2150 N.S.; Ord. No. 2290 N.S.; Ord. No. 2330 N.S.; Ord. No. 2454 § 1; Ord. No. 2920 N.S. § 25)

(Ord. No. 3047 N.S., § 3, 6-6-2012)

Adult entertainment activities are permitted in C-2 and less restrictive districts, with or without PD overlays, subject, except for adult book stores and theaters, to compliance with the conditional use requirements of subsection 30-21.3 of this chapter.

(Ord. No. 1849 N.S.; Ord. No. 2316 N.S.; Ord. No. 2454 N.S. § 1)

Adult entertainment activities are not permitted within five hundred (500') feet of any area zoned for residential use or within one thousand (1,000') feet of the same type of adult entertainment activity.

(Ord. No. 1849 N.S.; Ord. No. 2316 N.S.; Ord. No. 2454 § 1)

Adult entertainment activities shall not be displayed so that specified sexual activities or specified anatomical areas are visible from public places.

(Ord. No. 2316 N.S.)

Within one (1) year after the effective date of this section* all nonconforming adult book stores, adult motion picture theaters, peep shows, and cabarets shall be discontinued or made to conform, except that such activities may continue for up to an additional two (2) years upon the granting of a conditional use permit pursuant to subsection 30-21.3 of this article, except that the Planning Board must find, in lieu of the requirements of subsection 30-21.3, that the use, if conditioned, would not create a public nuisance and that the activity is either obligated by written lease of the premises exceeding one (1) year of the effective date of this section,* or that the activity involves investment of money in leasehold or other improvements such that a longer period is necessary to prevent undue financial hardship.

(Ord. No. 1849 N.S.; Ord. No. 2316 N.S.; Ord. No. 2454 N.S., § 1)

(Ord. No. 3047 N.S., § 4, 6-6-2012)

*Editor's Note: As amended by Ordinance No. 2316 N.S., effective February 20, 1987.

a.

Findings. This section establishes regulations governing the commercial cultivation, manufacture, distribution, delivery, testing, and sale of cannabis and cannabis products. The purpose of these regulations is to provide requirements and criteria to approve of cannabis businesses engaged in such uses. The City of Alameda finds it necessary to establish such requirements and criteria in the interest of the public health, safety and welfare to regulate all cannabis-related uses.

b.

Definitions. The applicable definitions in the Alameda Municipal Code are incorporated by this reference, unless otherwise defined herein.

1.

Cannabis means any and all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

2.

Cannabis business means a business or enterprise engaged in commercial cannabis activity.

3.

Cannabis product means cannabis that has undergone a process whereby the cannabis has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible, topical, or other cannabis-containing product.

4.

Chief of Police shall mean the Chief of Police of the City of Alameda Police Department or the Chief's designee.

5.

Commercial cannabis activity means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, sale, delivery, or provision of cannabis or cannabis products for commercial purposes, whether for profit or not.

6.

Community Development Department shall mean the Director of Community Development Department of the City of Alameda (or successor department), or his or her designee.

7.

Concentrated cannabis means the separated resin, whether crude or purified, obtained from cannabis.

8.

Day care center means any licensed child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers.

9.

Delivery means the commercial transfer of cannabis or cannabis products, for profit or not, to a customer by any means. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of cannabis or cannabis products. Delivery, however, shall not include commercial transfer of cannabis or cannabis products, for profit or not, by means of a self-service display, which is strictly prohibited.

10.

Distribution means the procurement, sale, and transport of cannabis or cannabis products between entities licensed pursuant to the Medicinal and Adult-Use of Cannabis Regulation and Safety Act and any subsequent State of California legislation or regulation regarding the same.

11.

Edible cannabis product means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by Section 109935 of the Health and Safety Code, or a drug, as defined by Section 109925 of the Health and Safety Code.

12.

Medicinal cannabis or medicinal cannabis product means cannabis or a cannabis product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a medicinal cannabis patient in California who possesses a physician's recommendation or other authorization permitted by State law.

13.

Permit refers to any one (1) of the regulatory permits described in subsection c of Section 6-59.4 of Article XVI that affords the permittee the privilege of conducting the activity allowed under the regulatory permit.

14.

Person shall mean and include a natural person, joint venture, joint stock company, partnership, association, club, company, corporation, limited liability company, business, estate, trust, business trust, receiver, syndicate, organization, or any other group or combination acting as a unit, or the manager, lessee, agent, servant, officer or employee of any of them.

c.

Permitted Uses. The following are the permitted commercial cannabis land uses within the City of Alameda. Any commercial cannabis land use not expressly provided for in this section is deemed prohibited.

1.

Cannabis retail means the sale, delivery, or provision of cannabis or cannabis product to customers or members by any person, business, or organization.

2.

Cannabis industry means the possession, manufacture, distribution, processing, storing, laboratory testing, labeling, or transportation of cannabis or cannabis products, or some combination of the foregoing in accordance with State law, by any person, business, or organization for commercial purposes, whether for profit or not. This use also includes the production, preparation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container by any person, business, or organization.

3.

Cannabis cultivation means the production of clones, immature plants, seeds, and agricultural products used specifically for the propagation and cultivation of cannabis to mature plants. Except as provided for in the preceding sentence, cannabis cultivation shall not include any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or processing of cannabis, which is prohibited.

d.

Applicability. This section shall apply to the establishment of all land uses related to cannabis and cannabis products.

e.

Home Occupations. It is unlawful to engage in commercial cannabis activity as a home occupation as defined in Section 30-2b of this chapter.

f.

Use Permit.

1.

Use Permit Requirement. It is unlawful to engage in commercial cannabis activity, as such use classifications are described in subsection c above, without first obtaining a use permit.

2.

Administrative Approval. Use permits to engage in commercial cannabis activity may be approved by the Zoning Administrator where the Administrator determines that each of the criteria of subsection 30-21.3b, pursuant to Section 30.21.4 of the Alameda Municipal Code, are satisfied.

g.

Permitted Locations.

1.

No commercial cannabis activity shall be permitted on city-owned land or federal property.

2.

Notwithstanding Section 30-4 (District Uses and Regulations) of the Alameda Municipal Code, Cannabis Cultivation, as defined in the Alameda Municipal Code, may be conditionally permitted in the following zoning districts or locations:

i.

C-M, Commercial Manufacturing District; and

ii.

AP-E1, Alameda Point, Enterprise District 1, AP-E2, Alameda Point, Enterprise District 2, and AP-AR, Alameda Point, Adaptive Reuse subdistricts.

3.

Notwithstanding Section 30-4 (District Uses and Regulations) of the Alameda Municipal Code, Cannabis Industry, to the extent permitted by the Alameda Municipal Code, may be conditionally permitted in the following zoning districts and locations:

i.

C-M, Commercial Manufacturing District;

ii

AP-E1, Alameda Point, Enterprise District 1, AP-E2, Alameda Point, Enterprise District 2, and AP-AR, Alameda Point, Adaptive Reuse subdistricts;

iii.

Office, research and development, and light industrial zones in the Marina Village Master Plan area; and

iv.

MM-NP, North Park Street Maritime Manufacturing District.

4.

Notwithstanding Section 30-4 (District Uses and Regulations) of the Alameda Municipal Code, Cannabis Retail, to the extent permitted by the Alameda Municipal Code, may be conditionally permitted in the following zoning districts and locations:

i.

C-1, Neighborhood Business District;

ii.

C-C, Community Commercial Zone;

iii.

C-M, Commercial Manufacturing District;

iv.

AP-AR, Alameda Point, Adaptive Reuse;

v.

NP-W, North Park Street Workplace subdistrict; and

vi.

NP-G, North Park Street Gateway subdistrict.

h.

Off-Street Parking.

1.

All sites where commercial cannabis activity is permitted shall at a minimum comply with the parking regulations in Section 30-7 of Chapter XXX of the Alameda Municipal Code. Cannabis manufacturing uses shall be subject to the same parking requirement as a manufacturing, major use under Section 30-7.6 and cannabis retail uses shall be subject to the same parking requirement as a general retail use.

i.