02 - INTRODUCTORY PROVISIONS
Sections:
This title may be cited as the zoning ordinance of the County of Alameda, California.
(Prior gen. code § 8-19.0)
(Ord. No. 2010-71, § 1, 12-21-10)
This title provides for the division of the unincorporated territory of the county into parts, hereinafter designated as districts, within each of which the uses of land and buildings and the height and bulk of buildings and the open spaces about buildings are regulated as specified. It is adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare, and for the following more particularly specified purposes:
A.
Implement the general plan of the county by guiding and regulating development;
B.
To protect the character and stability of existing development, and to encourage orderly and beneficial new development;
C.
To provide adequate light, air, privacy, and convenience of access to property, and to secure safety from fire and other dangers;
D.
To prevent overcrowding the land and undue congestion of the population;
E.
To regulate the location of buildings and the use of buildings and land so as to prevent undue interference with existing or prospective traffic movements on public thoroughfares.
(Prior gen. code § 8-19.1)
(Ord. No. 2010-71, § 2, 12-21-10)
The provisions of this title, to the extent that they are substantially the same as those in effect relative to the same subject matter prior to the effective date of its adoption, shall be construed as restatements and continuations thereof and not as new enactments.
(Prior gen. code § 8-19.2)
(Ord. No. 2010-71, § 3, 12-21-10)
In their interpretation and application, the provisions of this title shall be held to be minimum requirements. Nothing in this title shall repeal or amend any ordinance of the county requiring a permit or a license, or both, to cover any business. The provisions of this title are not intended to impair or interfere with any existing easement, covenant or other agreement between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises, or upon the height or bulk of buildings and structures, or requires larger building sites, yards or other open spaces, than are imposed by any other law, ordinance, easement or agreement, then the provisions of this title shall control.
(Prior gen. code § 8-19.3)
(Ord. No. 2010-71, § 4, 12-21-10)
The unincorporated territory of the county is hereby divided into districts, within each of which certain uses of land and buildings are permitted and certain other uses of land and buildings are restricted or prohibited and within which certain combinations or regulations are applied with reference to building site dimensions, yard dimensions, and other matters; all as set forth in this title.
(Prior gen. code § 8-19.4)
(Ord. No. 2010-71, § 5, 12-21-10)
There are the following districts established respectively for the purposes set forth in the chapter or section of this title indicated opposite the name and symbol designating each of the following:
(Prior gen. code § 8-19.5)
(Ord. No. 2010-71, § 6, 12-21-10; Ord. No. 2020-66, § 12, 12-15-20)
Wherever a regulation is applied herein to any R district, it shall be understood to apply to any district designated in Section 17.02.060 by the primary symbol "R" and shall be understood to apply to any PD district if that district contains any residential uses. The regulation of secondary housing units in certain residential districts shall be understood to apply to any PD district if that district contains any residential uses. Wherever a regulation is applied herein to any C district it shall be understood to apply to any district designated in Section 17.02.060 by the primary symbol H or C. Whenever a regulation is applied herein to any M district it shall be understood to apply to any district designated in Section 17.02.060 by the primary symbol "M."
(Prior gen. code § 8-19.6)
The districts and combining districts hereinabove referred to are hereby established as they are bounded and described upon the zoning map.
(Prior gen. code § 8-19.7)
The zoning map shall show by boundaries and designation the district classification of all lands in the unincorporated area of Alameda County as such boundaries and classifications have been established by Ordinance No. 420 and any amendment thereto.
(Prior gen. code § 8-19.8)
The planning commission shall maintain an official copy of the zoning map.
(Prior gen. code § 8-19.9)
Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning map, the planning commission upon written application, or upon its own motion, shall determine the location of such boundaries.
(Prior gen. code § 8-19.10)
Whenever the district boundaries are changed, or when the district classification of any property is changed, by an action of the board of supervisors, pursuant to Section 17.54.720, said change shall be entered upon the zoning map and certified by the planning director.
(Prior gen. code § 8-19.11)
Except as otherwise provided herein, land, buildings, structures and premises shall hereafter be used only in accordance with the regulations herein established.
(Prior gen. code § 8-19.12)
Except as otherwise provided in this title, no lot or portion thereof shall be sold, transferred, divided, or set off in such a manner that any portion sold, transferred, divided, set off or portion remaining shall contain an area, area per dwelling unit, effective lot frontage, median lot width, or required yards or parking spaces less than the minimum prescribed by the regulations relating to the district in which it is situated nor shall a lot or portion thereof be sold, transferred, divided or set off in such a manner that shall create a use on any portion sold, transferred, divided, set off, or portion remaining inconsistent with the regulations relating to the district in which it is situated.
(Prior gen. code § 8-19.13)
(Ord. No. 2010-71, § 7, 12-21-10)
Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this title is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale, or contract to sell, but the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, his assignee, heir or devisee.
(Prior gen. code § 8-19.15)
(Ord. No. 2010-71, § 18, 12-21-10)
02 - INTRODUCTORY PROVISIONS
Sections:
This title may be cited as the zoning ordinance of the County of Alameda, California.
(Prior gen. code § 8-19.0)
(Ord. No. 2010-71, § 1, 12-21-10)
This title provides for the division of the unincorporated territory of the county into parts, hereinafter designated as districts, within each of which the uses of land and buildings and the height and bulk of buildings and the open spaces about buildings are regulated as specified. It is adopted to promote and protect the public health, safety, peace, comfort, convenience and general welfare, and for the following more particularly specified purposes:
A.
Implement the general plan of the county by guiding and regulating development;
B.
To protect the character and stability of existing development, and to encourage orderly and beneficial new development;
C.
To provide adequate light, air, privacy, and convenience of access to property, and to secure safety from fire and other dangers;
D.
To prevent overcrowding the land and undue congestion of the population;
E.
To regulate the location of buildings and the use of buildings and land so as to prevent undue interference with existing or prospective traffic movements on public thoroughfares.
(Prior gen. code § 8-19.1)
(Ord. No. 2010-71, § 2, 12-21-10)
The provisions of this title, to the extent that they are substantially the same as those in effect relative to the same subject matter prior to the effective date of its adoption, shall be construed as restatements and continuations thereof and not as new enactments.
(Prior gen. code § 8-19.2)
(Ord. No. 2010-71, § 3, 12-21-10)
In their interpretation and application, the provisions of this title shall be held to be minimum requirements. Nothing in this title shall repeal or amend any ordinance of the county requiring a permit or a license, or both, to cover any business. The provisions of this title are not intended to impair or interfere with any existing easement, covenant or other agreement between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises, or upon the height or bulk of buildings and structures, or requires larger building sites, yards or other open spaces, than are imposed by any other law, ordinance, easement or agreement, then the provisions of this title shall control.
(Prior gen. code § 8-19.3)
(Ord. No. 2010-71, § 4, 12-21-10)
The unincorporated territory of the county is hereby divided into districts, within each of which certain uses of land and buildings are permitted and certain other uses of land and buildings are restricted or prohibited and within which certain combinations or regulations are applied with reference to building site dimensions, yard dimensions, and other matters; all as set forth in this title.
(Prior gen. code § 8-19.4)
(Ord. No. 2010-71, § 5, 12-21-10)
There are the following districts established respectively for the purposes set forth in the chapter or section of this title indicated opposite the name and symbol designating each of the following:
(Prior gen. code § 8-19.5)
(Ord. No. 2010-71, § 6, 12-21-10; Ord. No. 2020-66, § 12, 12-15-20)
Wherever a regulation is applied herein to any R district, it shall be understood to apply to any district designated in Section 17.02.060 by the primary symbol "R" and shall be understood to apply to any PD district if that district contains any residential uses. The regulation of secondary housing units in certain residential districts shall be understood to apply to any PD district if that district contains any residential uses. Wherever a regulation is applied herein to any C district it shall be understood to apply to any district designated in Section 17.02.060 by the primary symbol H or C. Whenever a regulation is applied herein to any M district it shall be understood to apply to any district designated in Section 17.02.060 by the primary symbol "M."
(Prior gen. code § 8-19.6)
The districts and combining districts hereinabove referred to are hereby established as they are bounded and described upon the zoning map.
(Prior gen. code § 8-19.7)
The zoning map shall show by boundaries and designation the district classification of all lands in the unincorporated area of Alameda County as such boundaries and classifications have been established by Ordinance No. 420 and any amendment thereto.
(Prior gen. code § 8-19.8)
The planning commission shall maintain an official copy of the zoning map.
(Prior gen. code § 8-19.9)
Where uncertainty exists as to the boundaries of any of the districts as shown on the zoning map, the planning commission upon written application, or upon its own motion, shall determine the location of such boundaries.
(Prior gen. code § 8-19.10)
Whenever the district boundaries are changed, or when the district classification of any property is changed, by an action of the board of supervisors, pursuant to Section 17.54.720, said change shall be entered upon the zoning map and certified by the planning director.
(Prior gen. code § 8-19.11)
Except as otherwise provided herein, land, buildings, structures and premises shall hereafter be used only in accordance with the regulations herein established.
(Prior gen. code § 8-19.12)
Except as otherwise provided in this title, no lot or portion thereof shall be sold, transferred, divided, or set off in such a manner that any portion sold, transferred, divided, set off or portion remaining shall contain an area, area per dwelling unit, effective lot frontage, median lot width, or required yards or parking spaces less than the minimum prescribed by the regulations relating to the district in which it is situated nor shall a lot or portion thereof be sold, transferred, divided or set off in such a manner that shall create a use on any portion sold, transferred, divided, set off, or portion remaining inconsistent with the regulations relating to the district in which it is situated.
(Prior gen. code § 8-19.13)
(Ord. No. 2010-71, § 7, 12-21-10)
Any deed of conveyance, sale, or contract to sell made contrary to the provisions of this title is voidable at the sole option of the grantee, buyer, or person contracting to purchase, his heirs, personal representative, or trustee in insolvency or bankruptcy within one year after the date of execution of the deed of conveyance, sale, or contract to sell, but the deed of conveyance, sale, or contract to sell is binding upon any assignee or transferee of the grantee, buyer, or person contracting to purchase, other than those above enumerated, and upon the grantor, vendor, or person contracting to sell, his assignee, heir or devisee.
(Prior gen. code § 8-19.15)
(Ord. No. 2010-71, § 18, 12-21-10)