It is the intent of the City Council in enacting this article to promote and protect the health, safety and general welfare of the City by conserving the value of property by encouraging construction of buildings which are compatible and harmonious with the decision and use of surrounding properties, and to discourage the construction of buildings which will have a deleterious effect upon, impair the occupancy of, or jeopardize the value of, such properties. At the same time it is the intent that the review and control procedures herein accommodate and stimulate a broad range of individual and creative design, so that monotony and mediocrity of construction will be avoided and owners of property are not deprived of the full, efficient and lawful use thereof.

(Ord. No. 1716 N.S.)

The City Council finds and determines that inappropriate exterior design of improvements to real property affects adversely the general welfare of residents of the City because such design gives rise to conditions in which:

a.

The maintenance, repair, replacement or improvement of surrounding properties is discouraged with resulting degeneration thereof, and there is an accompanying deterioration of conditions which affect the health, safety, comfort and general welfare of the inhabitants of the area and the inhabitants of the City at large;

b.

The most appropriate development of other properties within the vicinity is impaired;

c.

Instability of property values in the general area occurs;

d.

The desirability of other properties within the vicinity for their classified land uses is affected adversely;

e.

The proper relationship between the taxable value of said real property in the vicinity and the cost of municipal services to such properties is threatened; and

f.

The benefits of occupancy of other property within the vicinity are threatened.

(Ord. No. 1716 N.S.)

Land values and construction aesthetics are dependent upon one another if sound land use development is to be successfully promoted. The purpose of this article is to recognize such interdependence, and thereby to assist in the development of architectural standards and guidelines for all structures, buildings, and improvements to real property in the City.

(Ord. No. 1716 N.S.)

The review of applications required by this article shall be made by the Planning Staff designated by the Planning Director. In those instances where the Planning Director believes an application will generate significant public interest, involve policy issues, or require other entitlements to be reviewed by the Zoning Administrator or Planning Board, the Planning Director shall refer the application to either the Zoning Administrator or the Planning Board for review and action.

(Ord. No. 3027 N.S., § 1, 3-1-2011)

At least ten (10) days before final decision by the Planning Director on a Design Review application, a notice shall be sent to the owners of property located within one hundred (100') feet of the property line of the applying property and prominently posted on the project site regarding the application and the opportunity to comment on the proposed design. Public comments may be submitted to the Planning Department within ten (10) calendar days of the date of the notice. No hearings on Design Review applications are required; however, the Planning Director may refer an application to hearing as provided for in subsection 30-36.1. Applications referred to the Zoning Administrator or Planning Board shall be noticed in conformance with Zoning Administrator or Planning Board noticing procedures.

(Ord. No. 3027 N.S., § 1, 3-1-2011)

Final action on a Design Review shall be made in writing listing any conditions of approval. A copy of the action shall be mailed to the applicant, provided to the Planning Board at the next regularly scheduled meeting, and to any person or interested party that has requested notice. The date of the final action shall be the date the Notice of Decision is postmarked.

(Ord. No. 3027 N.S., § 1, 3-1-2011)

Any person dissatisfied with a final decision of the Planning Director may file an appeal to the Planning Board within ten (10) calendar days from the date the Notice of Decision pursuant to Section 30-25. Failure to file a timely appeal shall result in a waiver of the right to appeal. The appeal shall state in detail the factual basis for the appeal. Appeals shall be heard pursuant to Section 30-25. The decision of the Planning Director may be called for review pursuant to Section 30-25.

(Ord. No. 3027 N.S., § 1, 3-1-2011; Ord. No. 3278 N.S., § 5, 5-5-2020)

a.

Addition: For the purposes of this chapter; the creation of any new portion of a building which results in a vertical or horizontal extension of the building visible from the outside of the building.

b.

Alteration: For the purposes of this chapter, the exterior modification, including, but not limited to, an addition, removal and/or modification of windows, doors roofing, siding or visible part of foundation of any structure main or accessory structure that requires a building permit.

c.

Architectural Style: The characteristic form and detail of buildings from a particular historical period or school or architecture, e.g., Post Modern, Neo-Traditional, Spanish-Mediterranean.

d.

Building: Any enclosed structure having a roof and supported by columns or walls.

e.

Improvements: Construction of a structure, an addition, or alteration to the exterior of a structure affixed to real property, which requires a building permit.

f.

Replacement-in-Kind: Replacement of any architectural element which is identical to the original element in terms of location, size, and shape; and is made of materials that outwardly have the same dimensions, proportions, details, and textures of the original architectural element and that outwardly appear unchanged from the original architectural style. If the original design of a structure and/or element is removed or altered or if the original design elements are not known, the replacement element(s) shall be consistent with the structure's original architectural style as set forth in the City of Alameda Design Review Manual.

g.

Structure: Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. A building is a Structure for the purposes of this section.

(Ord. No. 3027 N.S., § 2, 3-1-2011)

a.

All improvements require Design Review approval unless specifically exempt pursuant to Section 30-37.2b.

b.

Exempt Improvements:

1.

Interior improvements;

2.

Replacement-in-kind provided that any structure being replaced is less than one thousand two hundred (1,200) square feet in size and not a main structure;

3.

Any improvement that does not require a building permit pursuant to the Building Code;

4.

Fences;

5.

Restoration of an original architectural element consistent with architectural style of structure at the time of construction or in cases where the entire architectural style of a building has been completely renovated into a new style, the new element shall be consistent with the new architectural style as set forth in the Design Review Manual;

6.

Reroofing, when no structural alteration will take place;

7.

Any addition or improvement that meets all of the following criteria:

A.

The gross floor area of the improvement is less than one thousand two hundred (1,200) square feet;

B.

The improvement is a one (1) story accessory structure or the improvement is located on the first story as defined by the Building Code;

C.

The improvement is not located on a street facing elevation or in a street facing yard, and the improvement is in compliance with all applicable lot coverage, open space, and setback requirements of the applicable zoning district;

D.

The improvement includes exterior materials, architectural detailing, roof pitch and design, windows, and doors that are a visual match to the existing, or if the structure or element has been previously modified, original design of the structure at the time of construction;

8.

Foundation work;

9.

New or refaced signs, regulated under Section 30-6 with approved sign permits and signs that meet the requirements of an approved sign program;

10.

Green roofs and similar vegetated roof features that do not involve modifications to the roof form or roof pitch, or existing tile or slate roofs, or a historical structure;

11.

New awnings that meet all of the following criteria:

A.

Is covered in an opaque, non-glossy fade and fire resistant fabric material;

B.

Matches the alignment and shape of any existing awning on the same level of the building; if consistent with other criteria;

C.

Does do not cover transom windows or extend more than six (6") inches beyond the perimeter of a window, door or other opening;

D.

Is not placed over pilasters, columns or other prominent vertical elements;

E.

Provides a minimum of eight (8′) feet of vertical clearance for framed portions and seven (7′) feet for any unframed valances;

F.

Exhibits a slanted or, if over arched windows or individual upper floor windows, a domed shape;

G.

Is not internally illuminated; and

H.

Has all required encroachment permits.

12.

Awnings with approval by the City of Alameda Facade Improvement Program;

13.

Docks which comply with the standards of the Alameda Municipal Code;

14.

Changes to an existing parking lot provided that the lot is not visible from the public right-of-way and the number of parking spaces or the area of landscaping are not being reduced;

15.

New solar collection systems or skylights;

16.

Accessory dwelling units and junior accessory dwelling units consistent with development regulations and review processes of Section 30-5.18, Accessory Dwelling Units;

17.

Alterations to chimneys for seismic safety purposes, as determined by a licensed contractor or engineer, provided none of chimney is visible as part of an exterior wall and the chimney is not a character-defining feature on properties listed as a historic resource;

18.

Window and door improvements, including new installation, removal, relocation, or resizing of existing openings, provided the improvement:

A.

Does not alter any original or other architecturally significant character-defining features, such as stained glass, decorative arches and other special treatment;

B.

Is made of materials that outwardly have the same dimensions, proportions, details, and textures of the original architectural style of the structure and that outwardly appear unchanged from the original architectural style. If the original design of a structure and/or element is removed or altered or if the original design elements are not known, the improvement shall be consistent with the treatment of substantially altered buildings as set forth in the City of Alameda Design Review Manual.

19.

The following types of projects when in compliance with the objective zoning standards of the Alameda Municipal Code and the adopted Objective Design Review Standards:

A.

Multifamily housing developments and mixed-use developments that meet the eligibility criteria for the Streamlined Ministerial Approval Process provided by Government Code Section 65913.4.

B.

One- and two-family dwellings proposed in the R-1 District in compliance with Government Code Section 65852.21, and as adopted by local ordinance.

C.

Transitional and supportive housing developments.

D.

Low barrier navigation centers, as defined by Government Code Section 65660.

E.

Any other project for which State law limits local jurisdictions' review of design to compliance with objective standards.

(Ord. No. 3027 N.S., § 2, 3-1-2011; Ord. No. 3168 N.S., § 6, 11-15-2016; Ord. No. 3184 N.S., § 13, 7-5-2017; Ord. No. 3255 N.S., § 3, 11-19-2019; Ord. No. 3333 N.S., § 6, 12-6-2022)

a.

Any person or entity proposing to construct or locate within the City any improvement subject to Design Review, shall file an application for review of the project.

b.

The form of the Design Review applications shall be as required by the Design Review Staff, and shall be accompanied by architectural and site development drawings, drawn to scale and shall include all information specified in the application form.

c.

Design Review Staff may require additional information from applicants which is pertinent to the application necessary to evaluate the project.

(Ord. No. 3027 N.S., § 2, 3-1-2011)

To grant Design Review approval, the following findings must be made:

a.

The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.

b.

The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses; and

c.

The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development.

(Ord. No. 3027 N.S., § 2, 3-1-2011)

Design Review approval shall expire three (3) years from the initial date of approval unless substantial construction has commenced under valid permits. Design Review approval may be extended by the Planning Director upon application for up to two (2) additional years from the date of expiration.

(Ord. No. 3027 N.S., § 2, 3-1-2011; Ord. No. 3168, § 7, 11-15-2016; Ord. No. 3333 N.S., § 6, 12-6-2022)

No building permit, license, certificate, entitlement or other approval shall be issued or given by the City or by any department thereof with respect to any improvement subject to Design Review until the design of the improvement has been approved as in this article provided. No occupancy certificate or similar approval shall be issued or given for any improvement subject to Design Review hereunder unless and until the Planning Director has certified such improvement has been completed in accordance with a design approved in accordance with this article.

(Ord. No. 1716 N.S.)

Any improvement constructed, located, repaired, altered or maintained in violation of the provisions hereof is hereby declared to be unlawful and a public nuisance, abatable in the manner provided for elsewhere in this Code or in the general law.

(Ord. No. 1716 N.S.)

Insofar as permitted by law, or by the agency involved, the Design Review Staff shall review the design of all improvements to be constructed by any public district or any governmental agency. Such review shall be in accordance with the factors and criteria set out hereinabove, following which the staff shall submit a written report of its recommendation and comments to the body proposing to construct the improvements.

(Ord. No. 1716 N.S.; Ord. No. 1983)

Nothing in this article shall be construed to exempt any person or entity from compliance with any requirement of any other regulation or ordinance, nor to amend any such other ordinance.

(Ord. No. 1716 N.S.)

It shall be the duty of the Design Review Staff to prepare a Design Review Manual that will provide guidance to applicants seeking to comply with subsection 30-37.5a of this article. The Manual may separate residential, commercial and industrial uses by sections or constitute a separate Manual for each of the uses. Graphic illustrations may be used as examples of good or bad design and such examples need not be limited to improvements within the City. The Manual may be revised as experience dictates and examples of approved projects considered successful by the staff should be included therein. Copies of the Manual shall be made available to the public in the Planning Director's office. The City Council may review the manual at such times as it deems appropriate and approve or disapprove any part thereof.

(Ord. No. 1716 N.S.; Ord. No. 1983 N.S.)