30 - S DISTRICTS
Sections:
Editor's note—Ord. No. 2017-13, § 2(Pt. 2), adopted April 25, 2017, repealed Article V, §§ 17.30.120 and 17.30.130, which pertained to combining CSU Districts and derived from prior gen. code §§ 8-44.10.1, 8-44.10.2 and Ord. No. 2002-60.
The districts hereinafter designated as S combining districts are established to be used in conjunction with commercial districts located in areas where characteristics of the business uses require more stringent signing practices.
(Prior gen. code § 8-44.0)
In a combining S district, all regulations shall remain the same as in the C district with which it is combined, except as to the matters hereinafter specified.
(Prior gen. code § 8-44.1)
The district, hereinafter designated as combining FW (floodway) district, is established to be combined with other districts in certain areas which are uniquely susceptible to fast-moving waters associated with periodic inundation and which are necessary to carry and discharge such waters, as determined by engineering analysis of hydrological, meteorological, topographical, and other data. The regulations are intended to restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause increase in flood heights or velocities. The regulations are also intended to help preserve natural riparian areas and to prevent uses encroaching within the floodway, which usually require costly public improvements for their protection. The regulations of any district with which a FW district is combined shall remain the same, except as to matters specified in Sections 17.30.050 through 17.30.070, which shall apply in addition to those contained in the basic underlying zoning district.
(Prior gen. code § 8-44.3)
(Ord. No. 2010-71, § 43, 12-21-10)
A.
The following uses shall not be permitted in a combining FW district:
1.
Any structure designed for human habitation; and
2.
Any storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or polluting (such as chemicals, oil, and other hazardous materials that could spread with the flood flow).
B.
No waste treatment, sanitary transportation, water supply, or other facility utilized to service structures or their inhabitants in a combining FW district shall be constructed without flood-proofing techniques consistent with the flood hazard of the vicinity.
(Prior gen. code § 8-44.4)
The following uses shall be permitted in a combining FW district only upon issuance of a conditional use permit and a determination that the provisions of Section 17.30.040 can be met:
A.
Any structure (temporary or permanent) except those specified in Section 17.30.030A;
B.
Storage of materials or equipment;
C.
Obstruction; or
D.
Any other use which adversely affects the capacity of the channels or floodways of the main stream or tributary thereof; drainage ditch; or any other drainage facility or system.
(Prior gen. code § 8-44.5)
No use shall be permitted in a combining FW district which will adversely increase the water surface elevation or otherwise adversely change the flow characteristics of the one hundred (100) year flood at any cross section of the floodway. The effect of any use on said flow characteristics and water surface elevation shall be determined by the county flood control and water conservation district. Consideration of the effects of a proposed use shall be based upon a reasonable assumption that there will be an equal degree of encroachment extending for the entire reach of the stream on both sides thereof in which the proposed use is permitted by the underlying district.
(Prior gen. code § 8-44.6)
The district, hereinafter designated as combining FF (flood fringe) district is established to be combined with other districts in certain areas which are uniquely susceptible to periodic inundation as determined by an engineering analysis of hydrological, meteorological, topographical, and other data. The regulations are intended to require that uses vulnerable to floods be protected against future flood damage at the time of initial construction. The regulations of any district with which an FF district is combined shall remain the same, except as to matters specified in Section 17.30.060, which shall apply in addition to those contained in the zoning district with which it is combined.
(Prior gen. code § 8-44.7)
A.
No structure shall be permitted in a combining FF district which does not have its lowest floor, including basement floor, at least one foot above the level of the one hundred (100) year flood adopted for the particular area.
B.
No waste treatment, sanitary transportation, water supply or other facility utilized to service structures or their inhabitants in a combining FF district shall be constructed without flood-proofing techniques consistent with the flood hazard of the vicinity.
(Prior gen. code § 8-44.8)
The district, hereinafter designated as combining SU (secondary unit) district, is established to be combined with residential districts which are characterized by lot sizes, parking areas, street improvements, public utilities, and other residential support systems which can best accommodate them.
(Prior gen. code § 8-44.9)
(Ord. No. 2010-71, § 44, 12-21-10; Ord. No. 2017-13, § 2(Pt. 2), 4-25-17)
In addition to those uses permitted in this district with which it is combined, one secondary dwelling unit per building site is permitted subject to the following requirements:
A.
Parking.
1.
One parking space per unit or per bedroom, available for tenant and visitor parking and having a nine-foot minimum width, an eighteen (18) foot minimum depth, and an area not less than one hundred eighty (180) square feet, or be designed as specified in the Alameda County Residential Design Guidelines, must be present on the property. Such parking may be provided on an existing driveway or within a required setback and may be tandem.
2.
No additional parking for the secondary unit is required when:
a.
The property is located within one-half mile of public transit;
b.
The property is located within an architecturally and historically significant historic district;
c.
The property is entirely within the existing space of the existing primary residence or an existing accessory structure;
d.
On street parking permits are required but not offered to the occupant of the accessory dwelling unit; or,
e.
There is a car share vehicle located within one block of the accessory dwelling unit.
3.
Except for secondary units described in subsection 17.30.110(A)(2), when a garage, carport, or covered parking space is eliminated in conjunction with the construction of a secondary unit, the eliminated off street parking spaces shall be replaced on-site. The replacement space(s) may be located in any configuration on the same lot as the secondary unit and may be covered, uncovered spaces, tandem spaces, or accessible by the use of mechanical automobile parking lifts.
B.
The attached secondary unit shall have a direct external entry and shall be limited to a maximum size of fifty (50) percent of the existing living area or six hundred forty (640) square feet, whichever is less. In all other respects the regulations of the district within which the SU district is combined shall remain the same, except as follows:
1.
No setback shall be required for an existing garage that is converted to an accessory dwelling unit, except as required by fire or building codes.
2.
Units contained within the existing space of a single-family residence or accessory structure need only have side and rear setbacks sufficient to ensure fire safety.
C.
The detached secondary dwelling shall be clearly subordinate to the existing single-family dwelling by size and appearance. A detached secondary unit shall be limited to one story, fifteen (15) feet in height, a maximum size of fifty (50) percent of the existing living area or six hundred forty (640) square feet, whichever is less, a minimum of ten feet from the existing dwelling, and located to the rear of the existing dwelling. In all other respects the regulations of the district with which the SU district is combined shall remain the same.
D.
The secondary unit shall not be sold separately from the primary residence.
E.
The secondary unit shall not be rented for a period of less than thirty (30) days.
F.
The property must be owner occupied.
(Prior gen. code § 8-44.10)
(Ord. No. 2010-71, § 45, 12-21-10; Ord. No. 2017-13, § 2(Pt. 2), 4-25-17)
The district, hereinafter designated as the combining RV (recreational vehicle) district, is established to be combined with residential districts which are characterized by lot sizes, yards, and parking such that properties in these districts can accommodate the parking and storage of personally owned recreational vehicles.
(Prior gen. code § 8-44.11)
In a combining RV district, all regulations shall remain the same as in the residential district with which the RV district is combined, except as to the matters hereinafter specified.
The provisions of Section 17.52.330, Yard regulations, notwithstanding, the parking, storage, and use of a motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be permitted as an accessory use in the yard areas of a lot, subject to the following restrictions:
A.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be parked, stored, or used on a paved surface;
B.
The paved area(s) for parking, storage, and use of a motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall not exceed thirty (30) feet in width, or one-half the lot width, whichever is less;
C.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall have a maximum length of twenty (20) feet, provided that for each one foot in excess of twenty (20) feet by which the proposed parking, storage, or use area extends inward from and generally perpendicular to the frontage, the allowable length of the motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat may be an additional one foot in length, however in no case shall the maximum length exceed twenty-five (25) feet;
D.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall not extend over any portion of a public or private right-of-way;
E.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall not block access to required off-street parking;
F.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall have a maximum height including all appurtenances of eleven (11) feet;
G.
Motorhome, recreational vehicle, utility or other trailer shall be operable;
H.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be owned by the occupant of the property upon which it is parked, stored, or used;
I.
To the extent reasonably possible, using landscaping and fencing within the allowable height limits contained in this title, motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be effectively screened from the view of other properties and the public or private right-of-way.
(Prior gen. code § 8-44.12)
The district, hereinafter designated the CA (cultivated agriculture) combining district, is established to be combined with the A (agricultural) district to implement the land use policies and standards for the vineyard area of the South Livermore Valley Area Plan.
(Ord. 2000-25 (part): Ord. 99-1 § 1 (part))
(Ord. No. 2010-71, § 46, 12-21-10)
In a CA combining district, the regulations shall remain the same as the regulations in the A (agricultural) district with which it is combined, except as follows:
A.
The maximum dwelling unit density shall be one per twenty (20) acres and the minimum building site area shall be seventeen (17) acres provided the following criteria are met to the satisfaction of the planning director and by the time specified in the tentative map approving the subdivision:
1.
The applicant shall demonstrate that the proposed lots will contribute substantially to the goal of promoting viticulture or other cultivated agriculture; and
2.
The applicant shall demonstrate that adequate water supplies are available to the proposed parcels for domestic, fire fighting, and agricultural and landscaping irrigation needs; and
3.
The applicant shall demonstrate that all proposed homesite(s) can be served by individual septic tank systems; and
4.
The applicant shall demonstrate that proposed lots have been surveyed by a qualified biologist to locate any potential plant or wildlife species of concern, and that a mitigation plan has been developed to protect any sensitive or unique environmental characteristics, including but not limited to oak groves, riparian area, or species of concern; and
5.
The applicant shall demonstrate and guarantee that a minimum of ninety (90) percent of the area of the parcel being subdivided shall be permanently set aside for viticulture or other cultivated agriculture, planted, and maintained for a minimum of eight years in wine grapes or other cultivated agriculture, excepting therefrom only those minor portions needed to preserve environmentally sensitive areas; and
6.
The applicant shall demonstrate that all applicable fees have been paid; and
7.
The applicant shall demonstrate that adequate notice to buyers of proposed parcels has been given of potential residential/agricultural land use conflicts such as noise, dust, odors, night operations or other impacts resulting from the agricultural operations.
Of the ninety (90) percent of the area of the parcel being subdivided to be permanently set aside for viticulture or other cultivated agriculture as required under Section 17.30.170(A)(5), up to but no more than fifteen (15) percent may consist of environmentally sensitive areas, including but not limited to wetlands, arroyos, slopes in excess of twenty-five (25) percent, oak groves, or areas with unique environmental characteristics. This area shall be included in the area permanently set aside, but shall not be planted. This area may be divided in any proportion between the parcels being created. In order to meet the minimum acreage required to be planted (76.5% of the total parcel), building site envelopes may be reduced below the two acre total allowed in Section 17.30.170(C)(2). The planning director may require a reduction of the two acre building site envelope in order to maximize the amount of acreage planted. If more than fifteen (15) percent of the area to be set aside permanently for agriculture consists of environmentally sensitive areas, the amount over fifteen (15) percent shall be subtracted from the total area of the parcel for purposes of calculating the number of parcels that can be created. All fractions shall be rounded down.
B.
There shall be a minimum one hundred (100) foot uncultivated and undeveloped buffer area adjacent to the top of bank of any major arroyo, and a minimum twenty (20) foot uncultivated and undeveloped buffer area adjacent to the top of bank of any minor watercourse unless buffers of different widths are approved in light of potential hazards, crop management practices, and other factors.
C.
All buildings shall be located within a building site envelope shown on the tentative map approving the subdivision and which meets the following criteria:
1.
There shall be not more than two separate building site envelopes on a parcel; and
2.
The aggregate area of the building site envelope(s) for a residence including the driveway(s) shall not exceed two acres; if nonresidential use is authorized on the parcel, the aggregate area of the building site envelope(s) for all buildings and driveway(s) shall not exceed ten percent of the area of the parcel; and
3.
Except for underground agricultural storage silos, the building site envelope shall not exceed twenty-five (25) percent slope; and
4.
The building site envelope shall not be located within a FEMA-designated, 100-year flood plain area; and
5.
The building site envelope shall be a minimum of two hundred (200) feet from a major street and one hundred (100) feet from any other street unless site-specific studies of noise, traffic, visual impacts or other land use compatibility factors warrant a lesser setback through the site development review process; and
6.
The building site envelope shall not be located in any area that is known to be subject to landslide or other seismic or geotechnical hazards.
D.
Where subdivision of land results in a net loss of vineyard acreage, the maximum area of such land that may be approved for subdivision on a tentative map between January 1st and December 31st of any calendar year shall be one hundred (100) acres.
E.
To the satisfaction of the planning director and by the time specified in the tentative map approving the subdivision, subdivision of existing vineyards shall be subject to provision of improvements necessary to bring the existing vineyard stock up to current industry standards for production, quality and resource use, including water and soil.
F.
CA District—Conditional Uses prohibited.
1.
The following uses, otherwise conditionally allowed by the A (agricultural) district, are neither permitted nor conditional uses where the CA district is combined with the A district:
a.
Killing and dressing of livestock, except when accessory as specified in Section 17.06.050;
b.
Flight strip when accessory or incidental to a permitted or conditional use, unless such a conditional use permit has been previously approved on subject property for such use;
c.
Cemetery, crematory, or other facility for the disposal of human or animal dead, pet cemetery;
d.
Hog ranch;
e.
Radio and television transmission facilities, unless such a conditional use permit has been previously approved on subject property for such use;
f.
Sanitary landfill or composting facility;
g.
Privately owned wind-electric generators, except as an accessory use.
2.
In addition to the conditional uses in the A (agricultural) district with which it is combined, the following are conditional uses in the CA combining district and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:
a.
Bed and breakfast establishment, if conducted within an existing or permitted dwelling: maximum of fourteen (14) rooms available for guests;
b.
Restaurant, with seated service only, and a maximum of forty-nine (49) permanent indoor seats, that features agricultural products of the South Livermore Valley Area;
c.
Bicycle rental;
d.
Other small scale recreational uses found by the board of zoning adjustments to be consistent with the intent of the South Livermore Valley Area Plan.
G.
CA District—Site Development Review. Site development review pursuant to Section 17.54.210 shall be required for every new building greater than five hundred (500) square feet or thirty (30) feet in height, placed on a lot in the CA district. Notwithstanding the requirements of Section 17.54.230, the planning director may establish the application filing requirements appropriate to the structure under consideration.
In the exercise of reasonable judgment and based on affirmative findings of fact, minor variances to the provisions of this section may be granted through the site development review process, provided that the variance does not allow a use not otherwise allowed. Specifically, this shall not allow a variance of the provisions of Section 17.30.170 that set the maximum dwelling unit density; the minimum building site area, and the maximum amount of land that may consist of environmentally sensitive areas.
(Ord. 2002-60 § 1 (part); Ord. 2001-35; Ord. 2000-25 (part): Ord. 99-1 § 1 (part))
(Ord. No. 2010-71, § 47, 12-21-10)
A.
Purpose and Intent. The intent of this section is to provide the land trust or other entity holding an agricultural easement or other similar restriction on land as required under this article with capital to create an endowment fund that would generate revenue for the long-term monitoring costs of the easements on property that is subdivided and restricted under this article.
B.
Findings. In establishing the requirements set out in this chapter, the board of supervisors finds and determines as follows:
1.
County plans, policies, and regulations encourage bringing agricultural lands under cultivation and permanently committing them to agricultural uses. To encourage this, the CA combining district allows subdivision of agricultural land into parcels smaller than the underlying A (agricultural) district minimum parcel size, subject to permanently setting aside a minimum of ninety (90) percent of the area of the parcel being subdivided for viticulture or other cultivated agriculture. This is generally accomplished by dedicating an agricultural easement or other similar restriction to a land trust or other entity;
2.
In order to ensure that the property owners meet the terms of the easements and do not do anything inconsistent with the terms of the easement, the land trust or other entity must establish the base information for the property and monitor the property on an annual basis in perpetuity;
3.
It is in the public interest that the land trust or other entity have a dependable source of funding to monitor the easements, and, where necessary, enforce the terms of the easements;
4.
The South Livermore Valley Agricultural Land Trust has prepared a study that demonstrates that the sum of seventy-five dollars ($75.00) per acre, or one thousand five hundred dollars ($1,500.00) for the minimum twenty (20) acre parcel, invested conservatively, will provide an annual income of seventy-five dollars ($75.00), which will cover a major portion of the cost to monitor the easement;
5.
This requirement is consistent with the county general plan;
6.
Pursuant to Government Code Section 65913.2, the board of supervisors has considered the effects of the requirement with respect to the county's housing needs as established in the housing element of the county general plan, and finds that it does not render unfeasible the development of housing for any and all economic segments of the community.
C.
Requirement. Concurrent with finalizing the guarantees required under Section 17.30.170(A)(5) of this article, applicant shall pay a fee equal to seventy-five dollars ($75.00) per each acre covered by the tentative map to the land trust or other entity holding the restriction. This fee shall be paid for the total acreage, including the building envelope as well as the acreage to be planted and environmentally sensitive areas.
D.
Waiver. The planning director may waive all or part of this requirement if either of the following occurs:
1.
The land trust or other entity holding the restriction requests that the fee be waived; or
2.
The planning director determines that the waiver is in the public interest and that the waiver would further the intent of this article and underlying county programs, policies, plans, and regulations.
(Ord. 2000-25 (part), 1999)
(Ord. No. 2010-71, § 48, 12-21-10)
The district, hereinafter designated as combining SC (scenic corridor) district, is established to be combined with other districts containing lands located within scenic corridors as designated by the board of supervisors. The purpose of this article is to provide guidelines and approval procedures for the development and improvement of land within combining SC districts in unincorporated Alameda County.
In a combining SC district all regulations shall remain the same as in the district with which it is combined except as to the matters hereinafter described.
A.
All new development within the district shall comply with the provisions of this article; provided, however, that the following shall be exempt from compliance:
1.
Agricultural-related structures outside of the forty (40) foot roadway buffer.
2.
Single-family dwellings and manufactured homes on an existing lot of record where no increase in habitable floor space or building height is proposed.
3.
Developments existing on the effective date of this article, provided that expansions or additions to existing development on or after the effective date of this article shall be subject to compliance with these regulations.
B.
In the event of a conflict among the regulations in this article and those elsewhere in this code, the regulations in this article shall prevail. The provisions of this article shall also apply to projects undertaken by public agencies and special districts except for the maintenance of existing county public roads within existing rights-of-way.
C.
No permit or administrative or discretionary approval shall be issued to authorize any grading or earthmoving activity, including grading or earthmoving necessary to create or improve an existing driveway, road, or other access, or benches or shelves, if such earthmoving or grading would occur on slopes of fifteen (15) percent or more unless a variance has been granted in accordance with Sections 17.54.090 through 17.54.120. Agricultural roads subject to erosion control plans under Chapter 15.36 of this code shall not be subject to this requirement.
D.
All future building sites identified on a tentative parcel map, final map, or subdivision map shall be reviewed and conditions of approval established to ensure conformity with the purpose and intent of this article.
E.
Applications requiring the issuance of a conditional use permit, as required by this title, will be reviewed for their adherence to the requirements of this article during the application process for the issuance of the conditional use permit.
A.
Site development review pursuant to Section 17.54.210 is required for any project for which a building or grading permit is required.
B.
A site development review application shall be in the form specified by the county.
C.
Upon receipt of a site development review application, the planning department shall give notice of hearing shall be given pursuant to Section 17.54.830.
D.
The county planning commission shall hold public hearing and make a recommendation to the county board of supervisors regarding the site development Review application. The county board of supervisors shall hold a public hearing and render a decision on the application.
E.
In determining whether to grant or deny a site development review application, the planning commission and board of supervisors shall consider whether the proposed development complies with the development guidelines contained in Section 17.30.240.
F.
Prior to the issuance of a building permit for any project authorized under this section, the property owner shall execute and record in the county recorder's office a use restriction, in a form approved by the county, requiring structures, existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successor so as to maintain conformance with the written decision of the board of supervisors.
G.
The written decision of the board of supervisors is final and not administratively appealable. Following a final decision by the board of supervisors any concerned person may seek judicial review of the final decision to grant or deny a site development review application pursuant to California Code of Civil Procedure Section 1094.5, in conjunction with sections 1094.6 or 1094.8, as applicable.
A.
If the planning director determines that the project cannot be viewed from any designated public road, because of its relationship to surrounding topography or existing vegetation, then the project shall be reviewed by the planning director in accordance with Section 17.54.210.
B.
The planning director shall hold a public hearing regarding a site development review application.
C.
The planning director shall not approve a project unless it complies with the development guidelines provided in Section 17.30.240.
D.
If the determination was made based on existing vegetation coverage, then the property owner, prior to the issuance of a building permit, shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring that existing covering vegetation be maintained, or replaced with equivalent vegetation, by the owner or the owner's successors, so as to prevent the project from being viewed from any designated public road.
E.
Projects that do not satisfy the criteria and standards contained in Section 17.30.230A shall be subject to review and approval under Section 17.30.220.
A.
Unless exempted as provided above in Section 17.30.210A, development or improvements within a combining SC district shall comply with the following guidelines:
1.
The design and location of each structure and any landscaping shall create a compatible visual relationship with surrounding development and with the natural terrain and vegetation. Road widths and road configurations should be considered as part of the development's design.
2.
Structures and landscaping shall be so located that each does not create a walled effect along the scenic corridor. The positioning of structures shall be varied in order to create a complimentary relationship between mass and void.
3.
All developments shall maintain a one hundred (100) foot setback for all structures and property improvements such as parking lots, except for approved road, driveway and utility crossings. Structures twenty (20) feet in height or less that otherwise have been found consistent with this article may be located within the one hundred (100) foot setback.
4.
A roadway buffer of at least forty (40) feet shall be provided within the required development setback, abutting the right-of-way of the scenic corridor. Where existing trees and significant vegetation exist within the roadway buffer, they shall be retained as determined appropriate and directed by the county. Vegetation within a roadway buffer that is required to remain within a roadway buffer may be pruned or removed only if necessary to ensure proper sight visibility, remove safety hazards or dying or diseased vegetation, or for other good cause as approved by the county.
5.
Existing topography, vegetation, and scenic features of the site shall be retained and incorporated into the proposed development wherever possible. Manmade structures, as a visual element in the scenic corridor, should be secondary in importance to natural growth.
6.
Each structure or feature reviewable under this article shall be limited in scale and siting to reduce visual dominance or obstruction of existing landforms, vegetation, water bodies, and adjoining structures.
7.
Each structure shall be constructed, painted, and maintained, and all planted material shall be planted and maintained to complement and enhance scenic views and the natural landscape.
8.
Unnatural and conflicting aesthetic elements shall be eliminated to the extent feasible consistent with safety requirements. Where it is not possible to locate such a feature out of view, it must be located in an area so as to minimize visibility from a scenic corridor or screened from view by planting, fence wall, or berm. Where the screen consists of a fence, wall, or berm, it may not be higher than six feet. Screening shall consist of primarily natural materials rather than solid fencing. Preference shall be given to vegetation in conjunction with a low earth berm.
9.
Lighting shall be directed on site and compatible in type, style, and intensity to the surrounding elements and not cause undue or aggravating disruption, glare, or brightness.
10.
Grading or earth-moving shall be planned and executed in such manner that final contours appear consistent with a natural appearing terrain. Finished contours shall be planted with plant materials native to the area so that minimum care is required and the material is visually compatible with the existing ground cover.
11.
A road pattern or characteristics of any road pattern proposed as part of a development shall be designed and constructed to contribute to the scenic character of the landscape in view. New roads and driveways constructed within the scenic corridor shall not be dominant visually and there should be only a minimal amount of road in view within the roadway buffer.
12.
The number of access points to and from the scenic corridor shall be minimized consistent with safety and circulation needs.
13.
Parking on the scenic corridor roadways should be minimized.
14.
No Advertising signs shall be permitted.
15.
All utility lines improved or installed in order to directly serve uses proposed or developed within the scenic corridor, including electric, telephone, data, and cable television, shall be installed underground within the roadway buffer and development setback area. Underground utility trenches must be revegetated. Utility boxes and cabinets that are now or must, by necessity, be located above ground must be shielded from view from the scenic corridor with existing vegetation or revegetation. Any above-ground boxes that cannot be buried shall, in addition to being screened by vegetation, be painted a neutral or earth tone color or otherwise made to blend in with their surroundings.
16.
All development shall be consistent with the Alameda County general plan.
B.
Violations of this section shall be subject to enforcement, penalties, and abatement under Chapters 17.58 and 17.59 of this title.
30 - S DISTRICTS
Sections:
Editor's note—Ord. No. 2017-13, § 2(Pt. 2), adopted April 25, 2017, repealed Article V, §§ 17.30.120 and 17.30.130, which pertained to combining CSU Districts and derived from prior gen. code §§ 8-44.10.1, 8-44.10.2 and Ord. No. 2002-60.
The districts hereinafter designated as S combining districts are established to be used in conjunction with commercial districts located in areas where characteristics of the business uses require more stringent signing practices.
(Prior gen. code § 8-44.0)
In a combining S district, all regulations shall remain the same as in the C district with which it is combined, except as to the matters hereinafter specified.
(Prior gen. code § 8-44.1)
The district, hereinafter designated as combining FW (floodway) district, is established to be combined with other districts in certain areas which are uniquely susceptible to fast-moving waters associated with periodic inundation and which are necessary to carry and discharge such waters, as determined by engineering analysis of hydrological, meteorological, topographical, and other data. The regulations are intended to restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause increase in flood heights or velocities. The regulations are also intended to help preserve natural riparian areas and to prevent uses encroaching within the floodway, which usually require costly public improvements for their protection. The regulations of any district with which a FW district is combined shall remain the same, except as to matters specified in Sections 17.30.050 through 17.30.070, which shall apply in addition to those contained in the basic underlying zoning district.
(Prior gen. code § 8-44.3)
(Ord. No. 2010-71, § 43, 12-21-10)
A.
The following uses shall not be permitted in a combining FW district:
1.
Any structure designed for human habitation; and
2.
Any storage or processing of materials that are in time of flooding buoyant, flammable, explosive, or polluting (such as chemicals, oil, and other hazardous materials that could spread with the flood flow).
B.
No waste treatment, sanitary transportation, water supply, or other facility utilized to service structures or their inhabitants in a combining FW district shall be constructed without flood-proofing techniques consistent with the flood hazard of the vicinity.
(Prior gen. code § 8-44.4)
The following uses shall be permitted in a combining FW district only upon issuance of a conditional use permit and a determination that the provisions of Section 17.30.040 can be met:
A.
Any structure (temporary or permanent) except those specified in Section 17.30.030A;
B.
Storage of materials or equipment;
C.
Obstruction; or
D.
Any other use which adversely affects the capacity of the channels or floodways of the main stream or tributary thereof; drainage ditch; or any other drainage facility or system.
(Prior gen. code § 8-44.5)
No use shall be permitted in a combining FW district which will adversely increase the water surface elevation or otherwise adversely change the flow characteristics of the one hundred (100) year flood at any cross section of the floodway. The effect of any use on said flow characteristics and water surface elevation shall be determined by the county flood control and water conservation district. Consideration of the effects of a proposed use shall be based upon a reasonable assumption that there will be an equal degree of encroachment extending for the entire reach of the stream on both sides thereof in which the proposed use is permitted by the underlying district.
(Prior gen. code § 8-44.6)
The district, hereinafter designated as combining FF (flood fringe) district is established to be combined with other districts in certain areas which are uniquely susceptible to periodic inundation as determined by an engineering analysis of hydrological, meteorological, topographical, and other data. The regulations are intended to require that uses vulnerable to floods be protected against future flood damage at the time of initial construction. The regulations of any district with which an FF district is combined shall remain the same, except as to matters specified in Section 17.30.060, which shall apply in addition to those contained in the zoning district with which it is combined.
(Prior gen. code § 8-44.7)
A.
No structure shall be permitted in a combining FF district which does not have its lowest floor, including basement floor, at least one foot above the level of the one hundred (100) year flood adopted for the particular area.
B.
No waste treatment, sanitary transportation, water supply or other facility utilized to service structures or their inhabitants in a combining FF district shall be constructed without flood-proofing techniques consistent with the flood hazard of the vicinity.
(Prior gen. code § 8-44.8)
The district, hereinafter designated as combining SU (secondary unit) district, is established to be combined with residential districts which are characterized by lot sizes, parking areas, street improvements, public utilities, and other residential support systems which can best accommodate them.
(Prior gen. code § 8-44.9)
(Ord. No. 2010-71, § 44, 12-21-10; Ord. No. 2017-13, § 2(Pt. 2), 4-25-17)
In addition to those uses permitted in this district with which it is combined, one secondary dwelling unit per building site is permitted subject to the following requirements:
A.
Parking.
1.
One parking space per unit or per bedroom, available for tenant and visitor parking and having a nine-foot minimum width, an eighteen (18) foot minimum depth, and an area not less than one hundred eighty (180) square feet, or be designed as specified in the Alameda County Residential Design Guidelines, must be present on the property. Such parking may be provided on an existing driveway or within a required setback and may be tandem.
2.
No additional parking for the secondary unit is required when:
a.
The property is located within one-half mile of public transit;
b.
The property is located within an architecturally and historically significant historic district;
c.
The property is entirely within the existing space of the existing primary residence or an existing accessory structure;
d.
On street parking permits are required but not offered to the occupant of the accessory dwelling unit; or,
e.
There is a car share vehicle located within one block of the accessory dwelling unit.
3.
Except for secondary units described in subsection 17.30.110(A)(2), when a garage, carport, or covered parking space is eliminated in conjunction with the construction of a secondary unit, the eliminated off street parking spaces shall be replaced on-site. The replacement space(s) may be located in any configuration on the same lot as the secondary unit and may be covered, uncovered spaces, tandem spaces, or accessible by the use of mechanical automobile parking lifts.
B.
The attached secondary unit shall have a direct external entry and shall be limited to a maximum size of fifty (50) percent of the existing living area or six hundred forty (640) square feet, whichever is less. In all other respects the regulations of the district within which the SU district is combined shall remain the same, except as follows:
1.
No setback shall be required for an existing garage that is converted to an accessory dwelling unit, except as required by fire or building codes.
2.
Units contained within the existing space of a single-family residence or accessory structure need only have side and rear setbacks sufficient to ensure fire safety.
C.
The detached secondary dwelling shall be clearly subordinate to the existing single-family dwelling by size and appearance. A detached secondary unit shall be limited to one story, fifteen (15) feet in height, a maximum size of fifty (50) percent of the existing living area or six hundred forty (640) square feet, whichever is less, a minimum of ten feet from the existing dwelling, and located to the rear of the existing dwelling. In all other respects the regulations of the district with which the SU district is combined shall remain the same.
D.
The secondary unit shall not be sold separately from the primary residence.
E.
The secondary unit shall not be rented for a period of less than thirty (30) days.
F.
The property must be owner occupied.
(Prior gen. code § 8-44.10)
(Ord. No. 2010-71, § 45, 12-21-10; Ord. No. 2017-13, § 2(Pt. 2), 4-25-17)
The district, hereinafter designated as the combining RV (recreational vehicle) district, is established to be combined with residential districts which are characterized by lot sizes, yards, and parking such that properties in these districts can accommodate the parking and storage of personally owned recreational vehicles.
(Prior gen. code § 8-44.11)
In a combining RV district, all regulations shall remain the same as in the residential district with which the RV district is combined, except as to the matters hereinafter specified.
The provisions of Section 17.52.330, Yard regulations, notwithstanding, the parking, storage, and use of a motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be permitted as an accessory use in the yard areas of a lot, subject to the following restrictions:
A.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be parked, stored, or used on a paved surface;
B.
The paved area(s) for parking, storage, and use of a motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall not exceed thirty (30) feet in width, or one-half the lot width, whichever is less;
C.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall have a maximum length of twenty (20) feet, provided that for each one foot in excess of twenty (20) feet by which the proposed parking, storage, or use area extends inward from and generally perpendicular to the frontage, the allowable length of the motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat may be an additional one foot in length, however in no case shall the maximum length exceed twenty-five (25) feet;
D.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall not extend over any portion of a public or private right-of-way;
E.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall not block access to required off-street parking;
F.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall have a maximum height including all appurtenances of eleven (11) feet;
G.
Motorhome, recreational vehicle, utility or other trailer shall be operable;
H.
Motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be owned by the occupant of the property upon which it is parked, stored, or used;
I.
To the extent reasonably possible, using landscaping and fencing within the allowable height limits contained in this title, motorhome, recreational vehicle, utility or other trailer, unmounted camper top, or boat shall be effectively screened from the view of other properties and the public or private right-of-way.
(Prior gen. code § 8-44.12)
The district, hereinafter designated the CA (cultivated agriculture) combining district, is established to be combined with the A (agricultural) district to implement the land use policies and standards for the vineyard area of the South Livermore Valley Area Plan.
(Ord. 2000-25 (part): Ord. 99-1 § 1 (part))
(Ord. No. 2010-71, § 46, 12-21-10)
In a CA combining district, the regulations shall remain the same as the regulations in the A (agricultural) district with which it is combined, except as follows:
A.
The maximum dwelling unit density shall be one per twenty (20) acres and the minimum building site area shall be seventeen (17) acres provided the following criteria are met to the satisfaction of the planning director and by the time specified in the tentative map approving the subdivision:
1.
The applicant shall demonstrate that the proposed lots will contribute substantially to the goal of promoting viticulture or other cultivated agriculture; and
2.
The applicant shall demonstrate that adequate water supplies are available to the proposed parcels for domestic, fire fighting, and agricultural and landscaping irrigation needs; and
3.
The applicant shall demonstrate that all proposed homesite(s) can be served by individual septic tank systems; and
4.
The applicant shall demonstrate that proposed lots have been surveyed by a qualified biologist to locate any potential plant or wildlife species of concern, and that a mitigation plan has been developed to protect any sensitive or unique environmental characteristics, including but not limited to oak groves, riparian area, or species of concern; and
5.
The applicant shall demonstrate and guarantee that a minimum of ninety (90) percent of the area of the parcel being subdivided shall be permanently set aside for viticulture or other cultivated agriculture, planted, and maintained for a minimum of eight years in wine grapes or other cultivated agriculture, excepting therefrom only those minor portions needed to preserve environmentally sensitive areas; and
6.
The applicant shall demonstrate that all applicable fees have been paid; and
7.
The applicant shall demonstrate that adequate notice to buyers of proposed parcels has been given of potential residential/agricultural land use conflicts such as noise, dust, odors, night operations or other impacts resulting from the agricultural operations.
Of the ninety (90) percent of the area of the parcel being subdivided to be permanently set aside for viticulture or other cultivated agriculture as required under Section 17.30.170(A)(5), up to but no more than fifteen (15) percent may consist of environmentally sensitive areas, including but not limited to wetlands, arroyos, slopes in excess of twenty-five (25) percent, oak groves, or areas with unique environmental characteristics. This area shall be included in the area permanently set aside, but shall not be planted. This area may be divided in any proportion between the parcels being created. In order to meet the minimum acreage required to be planted (76.5% of the total parcel), building site envelopes may be reduced below the two acre total allowed in Section 17.30.170(C)(2). The planning director may require a reduction of the two acre building site envelope in order to maximize the amount of acreage planted. If more than fifteen (15) percent of the area to be set aside permanently for agriculture consists of environmentally sensitive areas, the amount over fifteen (15) percent shall be subtracted from the total area of the parcel for purposes of calculating the number of parcels that can be created. All fractions shall be rounded down.
B.
There shall be a minimum one hundred (100) foot uncultivated and undeveloped buffer area adjacent to the top of bank of any major arroyo, and a minimum twenty (20) foot uncultivated and undeveloped buffer area adjacent to the top of bank of any minor watercourse unless buffers of different widths are approved in light of potential hazards, crop management practices, and other factors.
C.
All buildings shall be located within a building site envelope shown on the tentative map approving the subdivision and which meets the following criteria:
1.
There shall be not more than two separate building site envelopes on a parcel; and
2.
The aggregate area of the building site envelope(s) for a residence including the driveway(s) shall not exceed two acres; if nonresidential use is authorized on the parcel, the aggregate area of the building site envelope(s) for all buildings and driveway(s) shall not exceed ten percent of the area of the parcel; and
3.
Except for underground agricultural storage silos, the building site envelope shall not exceed twenty-five (25) percent slope; and
4.
The building site envelope shall not be located within a FEMA-designated, 100-year flood plain area; and
5.
The building site envelope shall be a minimum of two hundred (200) feet from a major street and one hundred (100) feet from any other street unless site-specific studies of noise, traffic, visual impacts or other land use compatibility factors warrant a lesser setback through the site development review process; and
6.
The building site envelope shall not be located in any area that is known to be subject to landslide or other seismic or geotechnical hazards.
D.
Where subdivision of land results in a net loss of vineyard acreage, the maximum area of such land that may be approved for subdivision on a tentative map between January 1st and December 31st of any calendar year shall be one hundred (100) acres.
E.
To the satisfaction of the planning director and by the time specified in the tentative map approving the subdivision, subdivision of existing vineyards shall be subject to provision of improvements necessary to bring the existing vineyard stock up to current industry standards for production, quality and resource use, including water and soil.
F.
CA District—Conditional Uses prohibited.
1.
The following uses, otherwise conditionally allowed by the A (agricultural) district, are neither permitted nor conditional uses where the CA district is combined with the A district:
a.
Killing and dressing of livestock, except when accessory as specified in Section 17.06.050;
b.
Flight strip when accessory or incidental to a permitted or conditional use, unless such a conditional use permit has been previously approved on subject property for such use;
c.
Cemetery, crematory, or other facility for the disposal of human or animal dead, pet cemetery;
d.
Hog ranch;
e.
Radio and television transmission facilities, unless such a conditional use permit has been previously approved on subject property for such use;
f.
Sanitary landfill or composting facility;
g.
Privately owned wind-electric generators, except as an accessory use.
2.
In addition to the conditional uses in the A (agricultural) district with which it is combined, the following are conditional uses in the CA combining district and shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130:
a.
Bed and breakfast establishment, if conducted within an existing or permitted dwelling: maximum of fourteen (14) rooms available for guests;
b.
Restaurant, with seated service only, and a maximum of forty-nine (49) permanent indoor seats, that features agricultural products of the South Livermore Valley Area;
c.
Bicycle rental;
d.
Other small scale recreational uses found by the board of zoning adjustments to be consistent with the intent of the South Livermore Valley Area Plan.
G.
CA District—Site Development Review. Site development review pursuant to Section 17.54.210 shall be required for every new building greater than five hundred (500) square feet or thirty (30) feet in height, placed on a lot in the CA district. Notwithstanding the requirements of Section 17.54.230, the planning director may establish the application filing requirements appropriate to the structure under consideration.
In the exercise of reasonable judgment and based on affirmative findings of fact, minor variances to the provisions of this section may be granted through the site development review process, provided that the variance does not allow a use not otherwise allowed. Specifically, this shall not allow a variance of the provisions of Section 17.30.170 that set the maximum dwelling unit density; the minimum building site area, and the maximum amount of land that may consist of environmentally sensitive areas.
(Ord. 2002-60 § 1 (part); Ord. 2001-35; Ord. 2000-25 (part): Ord. 99-1 § 1 (part))
(Ord. No. 2010-71, § 47, 12-21-10)
A.
Purpose and Intent. The intent of this section is to provide the land trust or other entity holding an agricultural easement or other similar restriction on land as required under this article with capital to create an endowment fund that would generate revenue for the long-term monitoring costs of the easements on property that is subdivided and restricted under this article.
B.
Findings. In establishing the requirements set out in this chapter, the board of supervisors finds and determines as follows:
1.
County plans, policies, and regulations encourage bringing agricultural lands under cultivation and permanently committing them to agricultural uses. To encourage this, the CA combining district allows subdivision of agricultural land into parcels smaller than the underlying A (agricultural) district minimum parcel size, subject to permanently setting aside a minimum of ninety (90) percent of the area of the parcel being subdivided for viticulture or other cultivated agriculture. This is generally accomplished by dedicating an agricultural easement or other similar restriction to a land trust or other entity;
2.
In order to ensure that the property owners meet the terms of the easements and do not do anything inconsistent with the terms of the easement, the land trust or other entity must establish the base information for the property and monitor the property on an annual basis in perpetuity;
3.
It is in the public interest that the land trust or other entity have a dependable source of funding to monitor the easements, and, where necessary, enforce the terms of the easements;
4.
The South Livermore Valley Agricultural Land Trust has prepared a study that demonstrates that the sum of seventy-five dollars ($75.00) per acre, or one thousand five hundred dollars ($1,500.00) for the minimum twenty (20) acre parcel, invested conservatively, will provide an annual income of seventy-five dollars ($75.00), which will cover a major portion of the cost to monitor the easement;
5.
This requirement is consistent with the county general plan;
6.
Pursuant to Government Code Section 65913.2, the board of supervisors has considered the effects of the requirement with respect to the county's housing needs as established in the housing element of the county general plan, and finds that it does not render unfeasible the development of housing for any and all economic segments of the community.
C.
Requirement. Concurrent with finalizing the guarantees required under Section 17.30.170(A)(5) of this article, applicant shall pay a fee equal to seventy-five dollars ($75.00) per each acre covered by the tentative map to the land trust or other entity holding the restriction. This fee shall be paid for the total acreage, including the building envelope as well as the acreage to be planted and environmentally sensitive areas.
D.
Waiver. The planning director may waive all or part of this requirement if either of the following occurs:
1.
The land trust or other entity holding the restriction requests that the fee be waived; or
2.
The planning director determines that the waiver is in the public interest and that the waiver would further the intent of this article and underlying county programs, policies, plans, and regulations.
(Ord. 2000-25 (part), 1999)
(Ord. No. 2010-71, § 48, 12-21-10)
The district, hereinafter designated as combining SC (scenic corridor) district, is established to be combined with other districts containing lands located within scenic corridors as designated by the board of supervisors. The purpose of this article is to provide guidelines and approval procedures for the development and improvement of land within combining SC districts in unincorporated Alameda County.
In a combining SC district all regulations shall remain the same as in the district with which it is combined except as to the matters hereinafter described.
A.
All new development within the district shall comply with the provisions of this article; provided, however, that the following shall be exempt from compliance:
1.
Agricultural-related structures outside of the forty (40) foot roadway buffer.
2.
Single-family dwellings and manufactured homes on an existing lot of record where no increase in habitable floor space or building height is proposed.
3.
Developments existing on the effective date of this article, provided that expansions or additions to existing development on or after the effective date of this article shall be subject to compliance with these regulations.
B.
In the event of a conflict among the regulations in this article and those elsewhere in this code, the regulations in this article shall prevail. The provisions of this article shall also apply to projects undertaken by public agencies and special districts except for the maintenance of existing county public roads within existing rights-of-way.
C.
No permit or administrative or discretionary approval shall be issued to authorize any grading or earthmoving activity, including grading or earthmoving necessary to create or improve an existing driveway, road, or other access, or benches or shelves, if such earthmoving or grading would occur on slopes of fifteen (15) percent or more unless a variance has been granted in accordance with Sections 17.54.090 through 17.54.120. Agricultural roads subject to erosion control plans under Chapter 15.36 of this code shall not be subject to this requirement.
D.
All future building sites identified on a tentative parcel map, final map, or subdivision map shall be reviewed and conditions of approval established to ensure conformity with the purpose and intent of this article.
E.
Applications requiring the issuance of a conditional use permit, as required by this title, will be reviewed for their adherence to the requirements of this article during the application process for the issuance of the conditional use permit.
A.
Site development review pursuant to Section 17.54.210 is required for any project for which a building or grading permit is required.
B.
A site development review application shall be in the form specified by the county.
C.
Upon receipt of a site development review application, the planning department shall give notice of hearing shall be given pursuant to Section 17.54.830.
D.
The county planning commission shall hold public hearing and make a recommendation to the county board of supervisors regarding the site development Review application. The county board of supervisors shall hold a public hearing and render a decision on the application.
E.
In determining whether to grant or deny a site development review application, the planning commission and board of supervisors shall consider whether the proposed development complies with the development guidelines contained in Section 17.30.240.
F.
Prior to the issuance of a building permit for any project authorized under this section, the property owner shall execute and record in the county recorder's office a use restriction, in a form approved by the county, requiring structures, existing and proposed covering vegetation, as well as any equivalent level of replacement vegetation, to be maintained by the owner or the owner's successor so as to maintain conformance with the written decision of the board of supervisors.
G.
The written decision of the board of supervisors is final and not administratively appealable. Following a final decision by the board of supervisors any concerned person may seek judicial review of the final decision to grant or deny a site development review application pursuant to California Code of Civil Procedure Section 1094.5, in conjunction with sections 1094.6 or 1094.8, as applicable.
A.
If the planning director determines that the project cannot be viewed from any designated public road, because of its relationship to surrounding topography or existing vegetation, then the project shall be reviewed by the planning director in accordance with Section 17.54.210.
B.
The planning director shall hold a public hearing regarding a site development review application.
C.
The planning director shall not approve a project unless it complies with the development guidelines provided in Section 17.30.240.
D.
If the determination was made based on existing vegetation coverage, then the property owner, prior to the issuance of a building permit, shall be required to execute and record in the county recorder's office a use restriction, in a form approved by county counsel, requiring that existing covering vegetation be maintained, or replaced with equivalent vegetation, by the owner or the owner's successors, so as to prevent the project from being viewed from any designated public road.
E.
Projects that do not satisfy the criteria and standards contained in Section 17.30.230A shall be subject to review and approval under Section 17.30.220.
A.
Unless exempted as provided above in Section 17.30.210A, development or improvements within a combining SC district shall comply with the following guidelines:
1.
The design and location of each structure and any landscaping shall create a compatible visual relationship with surrounding development and with the natural terrain and vegetation. Road widths and road configurations should be considered as part of the development's design.
2.
Structures and landscaping shall be so located that each does not create a walled effect along the scenic corridor. The positioning of structures shall be varied in order to create a complimentary relationship between mass and void.
3.
All developments shall maintain a one hundred (100) foot setback for all structures and property improvements such as parking lots, except for approved road, driveway and utility crossings. Structures twenty (20) feet in height or less that otherwise have been found consistent with this article may be located within the one hundred (100) foot setback.
4.
A roadway buffer of at least forty (40) feet shall be provided within the required development setback, abutting the right-of-way of the scenic corridor. Where existing trees and significant vegetation exist within the roadway buffer, they shall be retained as determined appropriate and directed by the county. Vegetation within a roadway buffer that is required to remain within a roadway buffer may be pruned or removed only if necessary to ensure proper sight visibility, remove safety hazards or dying or diseased vegetation, or for other good cause as approved by the county.
5.
Existing topography, vegetation, and scenic features of the site shall be retained and incorporated into the proposed development wherever possible. Manmade structures, as a visual element in the scenic corridor, should be secondary in importance to natural growth.
6.
Each structure or feature reviewable under this article shall be limited in scale and siting to reduce visual dominance or obstruction of existing landforms, vegetation, water bodies, and adjoining structures.
7.
Each structure shall be constructed, painted, and maintained, and all planted material shall be planted and maintained to complement and enhance scenic views and the natural landscape.
8.
Unnatural and conflicting aesthetic elements shall be eliminated to the extent feasible consistent with safety requirements. Where it is not possible to locate such a feature out of view, it must be located in an area so as to minimize visibility from a scenic corridor or screened from view by planting, fence wall, or berm. Where the screen consists of a fence, wall, or berm, it may not be higher than six feet. Screening shall consist of primarily natural materials rather than solid fencing. Preference shall be given to vegetation in conjunction with a low earth berm.
9.
Lighting shall be directed on site and compatible in type, style, and intensity to the surrounding elements and not cause undue or aggravating disruption, glare, or brightness.
10.
Grading or earth-moving shall be planned and executed in such manner that final contours appear consistent with a natural appearing terrain. Finished contours shall be planted with plant materials native to the area so that minimum care is required and the material is visually compatible with the existing ground cover.
11.
A road pattern or characteristics of any road pattern proposed as part of a development shall be designed and constructed to contribute to the scenic character of the landscape in view. New roads and driveways constructed within the scenic corridor shall not be dominant visually and there should be only a minimal amount of road in view within the roadway buffer.
12.
The number of access points to and from the scenic corridor shall be minimized consistent with safety and circulation needs.
13.
Parking on the scenic corridor roadways should be minimized.
14.
No Advertising signs shall be permitted.
15.
All utility lines improved or installed in order to directly serve uses proposed or developed within the scenic corridor, including electric, telephone, data, and cable television, shall be installed underground within the roadway buffer and development setback area. Underground utility trenches must be revegetated. Utility boxes and cabinets that are now or must, by necessity, be located above ground must be shielded from view from the scenic corridor with existing vegetation or revegetation. Any above-ground boxes that cannot be buried shall, in addition to being screened by vegetation, be painted a neutral or earth tone color or otherwise made to blend in with their surroundings.
16.
All development shall be consistent with the Alameda County general plan.
B.
Violations of this section shall be subject to enforcement, penalties, and abatement under Chapters 17.58 and 17.59 of this title.