Alameda County Unincorporated
City Zoning Code

CHAPTER 17

52 - GENERAL REQUIREMENTS

17.52.010 - General regulations.

The provisions of this title shall be subject to the following general regulations, special provisions, and exceptions.

(Prior gen. code § 8-60.0)

(Ord. No. 2010-71, § 71, 12-21-10)

17.52.020 - Public services—Exceptions.

This title shall not limit or interfere with the temporary use of any property as a voting place. Public utility uses excepting buildings and service yards or storage yards are permitted uses in any district, without limitation as to height; provided that plans for any such use, except local distribution lines and except when located in an M-2 district shall be submitted to the planning commission for a report and recommendation prior to the acquisition of any site, easement or right-of-way.

(Prior gen. code § 8-60.1)

17.52.030 - Surface mining.

The use of any land for surface mining shall be governed by the provisions of Chapter 6.80 of this code.

(Prior gen. code § 8-60.2)

17.52.035 - Conditional uses—Planning commission.

The following are conditional uses and shall be permitted in any district only if approved by the planning commission, sitting as a board of zoning adjustments, as provided in Sections 17.54.135 and 17.52.010:

Airport or landing strip for airport;

Crematory Units, as defined and limited in Section 6.20.030, within three hundred (300) feet of any established residence in the county.

In addition to the findings required under Section 17.54.130, the planning commission shall not approve such a crematory unit unless it can make the additional findings that:

Cremation is not the primary use in a residential or commercial area but accessory or ancillary to a related and legally existing mortuary, funeral home, columbarium, or cemetery use; and

Such operation is not a nuisance or threat to public health, safety, or the quiet enjoyment of neighboring occupants; and

The cremation operation must be permitted by the regional air quality control agency (currently Bay Area Air Quality Management District) prior to issuance of any county ministerial permits.

(Ord. 2000-53 § 1 (part))

(Ord. No. 2010-71, § 72, 12-21-10; Ord. No. 2011-3, § 2, 1-11-11)

17.52.040 - Use permits—Prior.

The following regulations shall apply to every use for which a use permit was lawfully issued pursuant to the provisions of this title which were in effect prior to the effective date of the ordinance codified in this title.

If the use, as permitted by the conditions of the use permit, exists and is listed herein as a permitted use in the district under the same conditions, such use shall be lawful and approved as to zoning, subject to those same conditions.

Where the land involved has been developed under such use permit, and is by the terms thereof more restricted than by the regulations of this title for the same type of building or use, such restrictions, to the extent that they could have been imposed under the provisions of this title governing conditional use, variances or the approval of site development shall remain in full force and effect.

Where the parcel has been developed in accordance with the terms of such a use permit for a use permittee thereunder but not hereafter permitted in the district, the use shall be deemed to be a permitted use for the time period of such use permit, and all the terms and conditions of the use permit shall continue in force, subject to the provisions of Section 17.52.640.

(Prior gen. code §§ 8-60.3—8-60.6)

(Ord. No. 2010-71, § 73, 12-21-10)

17.52.050 - Use permits, conditional use permits—Implementation required.

Any use permit or conditional use permit issued pursuant to the provisions of this title shall be implemented within a term of three years of its issuance or it shall be of no force or effect.

(Prior gen. code § 8-60.7)

17.52.060 - Adjustments—Prior.

Every zoning adjustment granted in accordance with the provisions of this title which were in effect prior to the effective date of the ordinance codified in this title shall be valid and may be utilized in accordance with its terms and conditions.

(Prior gen. code § 8-60.8)

(Ord. No. 2010-71, § 74, 12-21-10)

17.52.070 - Adjustments, variances—Implementation required.

Any adjustment or variance granted pursuant to the provisions of this title shall be implemented within a term of three years of its issuance or it shall be of no force or effect.

(Prior gen. code § 8-60.8.1)

17.52.080 - Site development review—Prior.

Every site development review granted in accordance with the provisions of this title which were in effect prior to March 1, 1968, shall be valid and may be utilized in accordance with its terms and conditions provided that any such prior site development review may be rescinded by the planning director following ten days' notice to the permittee and a hearing pursuant to Section 17.54.650 unless it shall have been utilized within one year of the effective date of the order granting subject site development review.

(Prior gen. code § 8-60.8A)

17.52.090 - Height of buildings—Exceptions.

Schools, churches, hospitals, and other buildings of an institutional character permitted in a district may have a building height in excess of the district limitations but not in excess of seventy-five (75) feet; provided that the requirements in the district for front, rear and side yards shall be increased by one foot for each foot of the building height in excess of forty (40) feet. A television or radio antenna may be of a height not exceeding ninety (90) feet.

The building height limitations set forth in this title apply generally to structures, also, but shall not apply to chimneys, church spires, flag poles, or to mechanical appurtenances necessary and incidental to the permitted use of a building.

Where the natural ground slope of a lot on the downhill side of the street is greater than one foot in seven feet as measured from the front lot line to the grade at the rear wall of the proposed building, one story in addition to the number permitted in the district in which the lot is situated is permitted on the downhill side of any building. The building height shall not otherwise exceed the limit specified for said district.

(Prior gen. code §§ 8-60.9—8-60.11)

17.52.100 - Building site—Recordation.

Prior to obtaining a building permit or otherwise making use of a building site, it shall have been recorded as a lot in the office of the county recorder.

(Prior gen. code § 8-60.12)

17.52.110 - Building site—Effective lot frontage.

Every building site shall have an effective lot frontage equal to or greater than one-half the median lot width required in the district, and in no case shall the effective lot frontage be less than twenty-five (25) feet. Whenever a new building site is hereinafter created by division of an existing lot, the effective frontage of each such new building site shall be equal to one-half of either the required or the actual median lot width thereof, whichever is greater. Each such new building site shall be recorded forthwith as a lot in the office of the county recorder.

(Prior gen. code § 8-60.13)

17.52.120 - Building site requirements—Exceptions.

Certain lots or parcels of land, as specified hereinafter, may be used as building sites, provided any building, structure, or addition is itself conforming, even though the area and/or the median lot width thereof is less than that required by the district in which such lot or parcel of land is situated, if all other requirements for that district are met. This exception applies in each of the following cases; provided, however, that in no case shall it apply to a lot or parcel of land having an area less than four thousand (4,000) square feet or having a median lot width less than forty (40) feet:

Any lot indicated on a recorded subdivision map prior to August 2, 1946, provided however, this subsection shall not apply to such lots located within zoning districts requiring a minimum building site area of one acre or more unless a building permit for a single-family dwelling to be constructed thereon had been filed by March 1, 1977.

Any parcel of land shown as a lot on the records of the county recorder as separately owned and assessed prior to August 2, 1946, when the present owner thereof is not the owner of any adjacent land;

Any lot having an area of five thousand (5,000) square feet or more, which is indicated upon a recorded subdivision map, provided however, this subsection shall not apply to such lots located within zoning districts requiring a minimum building site area of one acre or more unless a building permit for a single-family dwelling to be constructed thereon had been filed by March 1, 1977.

Any lot where the deficiency in area or median lot width is due exclusively to the condemnation of a portion thereof for a public purpose, or the sale of any such portion to any agency or political subdivision of the state or of the federal government and where such deficiency does not exceed twenty-five (25) percent of the district's requirement;

Any lot in a combining B district, when the owner thereof owns no adjacent land when the lot was of record prior to the adoption of said B district; provided, however, that unless the lot is also covered under one or more of the preceding subsections of this section, the use thereof shall conform to the median lot width and the yard requirements of the district with which said B districts is combined;

Any lot in an A district which contained a minimum of five acres, median lot width of at least three hundred (300) feet, and an effective lot frontage of at least one-half the actual median lot width, which was shown as a lot on the records of the county recorder as separately owned and assessed prior to May 4, 1972, when the present owner thereof is not the owner of any adjacent land;

Any lot in an A district which contains a minimum of fifty (50) acres which was shown as a lot on the records of the county recorder as separately owned and assessed prior to May 4, 1972, when the owner thereof owns no adjacent land and which lot has effective lot frontage on an approved private street.

Yards Reduced by Condemnation. Wherever a lot hereafter becomes qualified as a building site under the provisions of subsection D of this section, any yard about an existing building thereon which becomes deficient in depth or in width solely because of such condemnation or sale of a portion of the lot shall thereafter be deemed to be a yard conforming to these regulations, and shall not of itself cause the building to become a nonconforming building.

(Prior gen. code §§ 8-60.14—8-60.15)

(Ord. No. 2010-71, § 75, 12-21-10)

17.52.130 - Commercial vehicles—Parking in residential districts prohibited.

Either of the following specified acts shall constitute an unauthorized commercial use of land in any residential district and is a violation of this title:

The parking in any residential district or upon any street adjacent thereto for a period of time greater than two hours in any twenty-four (24) hour period of any commercial vehicle, commercial truck and/or commercial trailer having a manufacturer's gross vehicle weight rating as defined in the State Vehicle Code, greater than ten thousand (10,000) pounds; or

Parking at one time in any residential district or upon any street adjacent thereto, of two or more commercial vehicles, commercial trucks and/or commercial trailers by any person having possession or control thereof.

(Prior gen. code § 8-60.16)

17.52.140 - Commercial vehicles—Parking in residential districts prohibited—Exceptions.

The provisions of Section 17.52.130 shall not apply to any such vehicle which is parked while loading or unloading property therefrom, or in connection with the performance of a service to or on property in the immediate vicinity, nor shall they apply to any commercial vehicle, truck or trailer which is parked as a subordinate and accessory use in connection with the conduct of a lawful nonconforming business use established in such R district, or to a commercial vehicle or truck entitled to registration and licensing by the state as a "horseless carriage."

In the R-1-L-B-E district the provisions of Section 17.52.130 shall not prohibit the parking or use of a maximum of four commercial vehicles and/or equipment, regardless of weight rating, when used in conjunction with any use accessory to the residential use of a building site of five acres or more on which the vehicles and/or equipment are stored and used.

(Prior gen. code § 8-60.17)

17.52.150 - Commercial vehicles—Parking in residential districts prohibited—Enforcement.

It shall be the duty of the sheriff to enforce the provisions of Section 17.52.130 whenever the vehicle involved is parked upon a public street. It shall be the duty of the building official to enforce the provisions of Section 17.52.130 whenever the vehicle involved is parked on any private premises in an R district and for such purpose he shall have the power of a peace officer and may enter upon any such premises for the purpose of determining whether or not there has been a violation of said section.

(Prior gen. code § 8-60.18)

17.52.160 - Commercial vehicles—Parking in residential districts prohibited—Prima facie assumption.

In any prosecution charging a violation of this title by conducting an unauthorized commercial use in a residential district, proof by the people of the state of California that a particular vehicle described in the complaint was parking contrary to the provisions of Section 17.52.130 by the operator or driver of said vehicle, truck or trailer, or by the owner, lessee, tenant or other occupant of the property so zoned, shall constitute a prima facie presumption that an unauthorized commercial use was made of the property.

(Prior gen. code § 8-60.19)

17.52.170 - Commercial vehicles—Parking in residential districts prohibited—Penalty.

Any other provision of this title to the contrary notwithstanding, every person convicted of parking on any street in violation of Section 17.52.130 shall be punished by a fine.

(Prior gen. code § 8-60.19.5)

(Ord. No. 2009-32, 7-21-09)

17.52.180 - Accessory uses.

In any district, an accessory use is permitted, subject to any special regulations for the district, and to the limitations set forth in this and the following sections, when located on the same premises as a lawfully existing principal use to which it is incidental and subordinate except as otherwise provided in Section 17.06.040O. No use shall be deemed to be or permitted as an accessory use which increases the number of dwelling units in any building or any lot beyond that which is permitted in the district. No recreation vehicle, travel trailer, cargo container, truck trailer, mobilehome, van or vehicle may be inhabited or lived in as an accessory use in any district unless specifically authorized under district regulations by a conditional use permit or administrative conditional use permit. Home occupations shall be governed by Section 17.52.220. The keeping of livestock or pets shall be governed by Sections 17.52.220 and 17.52.230.

(Ord. 93-86 § 2: prior gen. code § 8-60.20)

17.52.190 - Boarding stable.

"Boarding stable" means any premises where more than four horses not owned by the owner or occupant of the premises are boarded, kept, or otherwise maintained as contrasted with the open grazing or pasturing of horses.

(Prior gen. code § 8-60.20.5.1)

17.52.200 - Accessory uses—Restrictions from certain yards.

No accessory use conducted under the provisions of Section 17.52.180 of this chapter, involving any of the following, shall be conducted within a front yard or within a street side yard on a corner lot in any R or any A district:

The repair, dismantling, or painting of motor vehicles or of electrical refrigerators, washers, dryers or other household appliances;

Storage or display of equipment, appliances, tools, materials or supplies. (See also Section 17.52.330)

(Prior gen. code § 8-60.21)

(Ord. No. 2010-71, § 76, 12-21-10)

17.52.210 - Home occupations.

No home occupation shall be deemed to be, or permitted as an accessory use to a dwelling in any R or in any A district which involves or requires any of the following:

The employment of outside help in the dwelling or on the premises, other than domestic servants;

Any alteration or installation of appliances, equipment or facility of a nonresidential character to a dwelling or to an accessory building;

Any outdoor storage or display of equipment, appliances, tools, materials or supplies;

Maintenance on the premises for sale or rental of any stock of goods, which are not homemade;

Results in on-street parking or the generation of pedestrian or vehicular traffic beyond that normal to the district, or the parking of any commercial vehicle in violation of Section 17.52.130;

The generation of noise, glare, vibration, odor or electrical disturbance perceptible at or beyond the lot lines;

Any use of the front yard or side yard for construction or repair or dismantling or the use in the aggregate of an area greater than one-fourth of the area of the dwelling unit;

Any sign other than the name plate permitted in the district;

The conduct of: a) massage establishment, b) barber shop, c) beauty shop, or d) real estate office;

The raising for sale of animals, bees or birds; or

The teaching of dancing, music or swimming to an assembled class of more than two pupils;

The repair, servicing, painting or dismantling of motor vehicles or of electrical refrigerators, washers, dryers, or other household appliances;

The renting of rooms and the providing of table board for more than four persons, or if licensed by the State Department of Mental Health for more than five persons;

The provision of day care for more than six children.

(Prior gen. code § 8-60.22)

(Ord. No. 2010-71, § 77, 12-21-10; Ord. No. 2017-35, § 2, 9-12-17; Ord. No. 2018-18, § 2, 5-8-18)

17.52.220 - Accessory uses—Recreational.

Recreation facilities on the premises for the use of the occupants and nonpaying guests are permitted, when qualified as accessory uses in any district. Private swimming pools shall be regulated as accessory structures and shall not be included in floor area ratio or floor space calculations but shall be located in the same two-acre building envelope as may be required for non-agricultural, residential, and residential accessory structures.

(Prior gen. code § 8-60.23)

(Ord. No. 2025-40, § 1, 7-10-25)

17.52.230 - Accessory uses—Pets, livestock, bees, exotic animals.

The keeping of pets, livestock, bees and exotic animals for which a permit has been obtained in accordance with applicable regulations are permitted in addition to those animals otherwise permitted by this title.

(Prior gen. code § 8-60.25)

17.52.240 - Accessory uses—Firework stands.

Firework stands for which a permit has been obtained in accordance with applicable regulations and for which zoning approval has been received are permitted in any C or M zoning district.

(Prior gen. code § 8-60.25B)

17.52.260 - Accessory buildings.

Every accessory building attached to a main building shall be subject to all the requirements of this title applicable to the main building. No detached accessory building in an R district shall be located within six feet of any other building on the same lot, or have more than one story or a height in excess of fifteen (15) feet.

(Prior gen. code § 8-60.26)

17.52.270 - Accessory buildings—Where not permitted.

No accessory building shall be located between the street lot line and any special building line established pursuant to Chapter 17.102 or any future width line established by ordinance, which traverses the building site. No accessory building in any R district shall be within six feet of the side line of the front half of any abutting lot, or occupy the front half of a lot, or either front quarter of an interior lot abutting two streets, provided; however, that this restriction shall not require any accessory building to be more than seventy-five (75) feet distant from any street lot line.

(Prior gen. code § 8-60.27)

(Ord. No. 2010-71, § 78, 12-21-10)

17.52.280 - Accessory buildings—Corner lots.

On a corner lot which abuts a key lot no accessory building shall be nearer the street side lot line than a distance equal to the depth of front yard required on the key lot; provided, however, that this restriction shall not be so applied as to reduce the permitted depth of the accessory building to less than twenty (20) feet. Where the rear lot line of a corner lot in an R district abuts the rear lot line of another lot, no accessory building shall be nearer the street side lot line than the main building or in any case be located less than ten feet from the side lot line.

(Prior gen. code § 8-60.28)

17.52.290 - Accessory buildings—Types of structures prohibited.

In any R district, cargo containers, truck trailers, vans, commercial vehicles and similar moved-on containers shall not be permitted as temporary or permanent structures of any type. This section shall not prohibit a moved-on mobilehome as specified under Section 17.04.010 or a temporary use as provided by Section 17.52.470.

(Prior gen. code § 8-60.29)

17.52.300 - Accessory building—Private garage.

Except as otherwise provided in Section 17.52.310 no private garage in any R district shall be so located upon a lot that the door providing vehicular access thereto is within twenty (20) feet of any lot line of such lot toward which the door faces.

(Prior gen. code § 8-60.30)

17.52.310 - Accessory building—In front yard.

In any R district or A district, where the slope of the natural ground in the required front yard of the lot exceeds a rate of one foot rise or fall for each four feet from the established street grade at the front lot line, or where the ground elevation at the front lot line is five feet or more above or below the established street grade, a private garage or required parking space may be located in a required front yard; provided, however, that no such garage or required parking space shall occupy an area between the front lot line and any special building line, future width line or official right-of-way line established by ordinance.

(Prior gen. code § 8-60.31)

17.52.320 - Accessory structures—In rear yard.

Detached accessory buildings in an R district may occupy up to a maximum of thirty (30) percent of the area of a required rear yard, provided that the maximum thirty (30) percent of coverage provision shall not apply to private swimming pools.

(Amended during 1996 codification; prior gen. code § 8-60.32)

17.52.330 - Yard regulations.

In order to secure minimum basic provision for light, air, privacy and safety from fire hazards, it is required that every building hereafter constructed shall be upon a building site of dimensions such as to provide for the yards specified for the district in which the lot is located, and the following sections shall apply and control. Every such yard shall be open and unobstructed from the ground upward, except as otherwise provided for accessory buildings in Sections 17.52.270, 17.52.310 and 17.52.320, for fences in Section 17.52.410 and for other buildings in Section 17.52.370 and for signs as regulated by Section 17.52.520 and Section 17.52.470. Except as provided by Sections 17.30.140 and 17.30.150, no mobilehome, recreational vehicle, utility trailer, unmounted camper top or boat shall be stored in the front yard or the required side yard in any R district.

(Prior gen. code § 8-60.33)

(Ord. No. 2010-71, § 79, 12-21-10)

17.52.340 - Yards—Dimensions.

Every front yard shall have a depth equal to or greater than that required for the district and shall extend across the full width of the front of the building site. Every rear yard shall have a depth equal to or greater than that required for the district and shall extend across the full width of the rear of the building site. Every side yard shall have a width equal to or greater than that required for the district and shall extend along the side lot line from the front lot line to the rear lot line.

(Prior gen. code § 8-60.34)

17.52.350 - Yards—Measurement—Rear and side lines.

The measurement of the required depth of a rear yard or the required width of an interior side yard shall be horizontal and inward from the lot line at a right angle. Where the side lot lines converge, or nearly converge, a line ten feet long within the lot, parallel to the front lot line and at a maximum distance therefrom shall be deemed to be the rear lot line for the purposes of this section.

(Prior gen. code § 8-60.35)

17.52.360 - Yards—Measurement—Front line.

The measurement of the required depth of a front yard, or the required width of the street side yard of a corner lot, shall be horizontal and inward from the street lot line at a right angle; provided, however, that where any official right-of-way line, or any future width line pursuant to Chapter 17.102, traverses the building site, the measurement here specified shall be taken from such right-of-way line, such future width line or from the street lot line, whichever produces the lesser yard. Through lots have two front lot lines, from each of which a front yard shall be measured.

(Prior gen. code § 8-60.36)

(Ord. No. 2010-71, § 80, 12-21-10)

17.52.370 - Yards—Exceptions—Projections permitted therein.

The following features of a building hereinafter set forth may project into a required yard to the extent specified:

Eaves, or any other architectural features may project beyond the front, rear, or side wall a distance not greater than two feet;

A landing place, or uncovered porch, and stairway leading thereto which serves a dwelling unit entrance not greater than six feet above the ground level, may project into a required yard a distance not greater than three feet;

A building wall encroaching two feet or less into a required yard may be extended so as to continue the same building wall line but may not reduce said required yard to a dimension less than that previously provided.

(Prior gen. code § 8-60.37)

17.52.380 - Lot coverage.

In calculating the percentage of lot coverage, the area at ground level of all roofed buildings on the premises shall be included as coverage, excluding the architectural and other features listed in Section 17.52.370.

(Prior gen. code § 8-60.50)

17.52.390 - Useable open space.

Where the district regulations specify a minimum of useable open space for each dwelling unit or a building site, the calculation of useable open space shall be made by deducting from the total area of the building site: (A) all the area included as coverage pursuant to Section 17.52.380; (B) all areas paved to provide parking spaces, required driveways and maneuvering areas; (C) any remaining area having a ground slope in excess of twenty (20) percent; and (D) any open space less than ten feet in its least dimension. To the remainder may be added any roof top or outside deck spaces more than seven feet in least dimension which are directly accessible to and safely useable by occupants of the dwelling.

(Prior gen. code § 8-60.51)

17.52.400 - Yards—Official lines.

No building or structure shall be located on any lot or building site in the area between a street lot line and any official right-of-way line, future width line or special building line along the street which has been established by ordinance.

(Prior gen. code § 8-60.52)

17.52.410 - Fences, walls and hedges.

Fences, walls and hedges, as regulated in this and the following sections may occupy any yard and are required where specified in this title. The term "wall" as used in this connection shall not be deemed to apply to the wall of a building, or to the supporting portion of a retaining wall. The term "hedge" means cultivated plant growth along a line which is sufficiently dense to obstruct passage and visibility from one side to the other.

(Prior gen. code § 8-60.53)

17.52.420 - Hedges.

Where the side yard or rear yard of a C or M use abuts an R district, there shall be planted and maintained a hedge approximately four feet wide and six feet high along that property line of that C or M district parcel, except that within twenty (20) feet of a street lot line, the required hedge shall not exceed four feet in height.

(Prior gen. code § 8-60.54)

17.52.430 - Fences, walls and hedges—Height limitations.

The maximum permitted height of fences, walls and hedges, except as otherwise provided in Sections 17.52.420 and 17.52.440 shall be as follows:

When located in a required yard on a corner lot and within thirty (30) feet of the intersection of the street lot lines or of the projections of such lines: Two feet, measured upward from the center line grade of the street opposite thereto;

When located in a required rear or street side yard of a corner lot and within twenty (20) feet of the corner common to such a lot and a key lot at the rear: Four feet;

When located in a required front yard other than as specified in subsection A of this section: Four feet;

When located in any A or R district other than as specified hereinabove six feet;

When located in any C or M district and within five feet of the boundary of any A or R district: Six feet high.

(Prior gen. code § 8-60.55)

17.52.440 - Fences, walls and hedges—Exceptions to height limitations.

The limitations on height specified in Section 17.52.430 shall not apply:

Where a higher fence is required by any other ordinance of the county or by state or federal regulation;

Where a higher fence is made a condition of approval of a conditional use or a variance pursuant to this title, provided that no such condition shall require or permit a fence having a height in excess of twelve (12) feet;

To a fence around all or part of a tennis court, a playground or a swimming pool which is, at least in that portion which exceeds the applicable limitation, constructed of open wire or steel mesh capable of admitting not less than ninety (90) percent light as measured by a reputable light meter;

An open wire fence up to six feet high in an A district.

(Prior gen. code § 8-60.56)

17.52.450 - Fences, walls and hedges—Measurement of height.

Except as otherwise specified in Section 17.52.430A, the height of a fence, wall or hedge shall be measured upward from the ground level beneath it; provided that where any fence, hedge, or wall in a required yard or along a lot line rises directly above or is parallel to and within six feet of the supporting portion of a retaining wall, one-half the supporting height of the retaining wall shall be deducted from the permitted height and the remainder measured upward from the level of the ground fill on the higher side; and provided, further, that no fence or hedge shall extend upward from a retaining wall within thirty (30) feet of a street corner.

(Prior gen. code § 8-60.57)

17.52.460 - Fences, walls and hedges—Required.

Wherever a lot is occupied by a nonconforming, commercial or industrial use in an R district, a screening wall, fence, or hedge of the maximum permitted height is required along any rear or interior side lot lines thereof which abut any lot in an R district. This requirement shall not apply to that portion of any such lot line which is within two feet of the wall of a building on the lot and parallel to such line.

(Prior gen. code § 8-60.58)

17.52.470 - Temporary use.

Nothing in this title shall be construed to prohibit in any district a temporary building or use or trailer coach not used for residential purposes, necessary and incidental to construction of a building or group of buildings when located on the same lot and only during the period of construction.

(Prior gen. code § 8-60.59)

(Ord. No. 2010-71, § 81, 12-21-10)

17.52.480 - Temporary uses—Conditional uses.

In any district, any temporary use of a duration of sixty (60) days or less that is not categorically exempt from the requirements of an environmental impact report under the provisions of the county guidelines for the implementation of the California Environmental Quality Act shall be permitted only if approved by the board of zoning adjustments as provided in Section 17.54.130.

(Ord. 2002-60 (part): Prior gen. code § 8-60.60)

17.52.490 - Temporary uses—Administrative conditional uses.

In any district minor temporary uses of land of a duration of sixty (60) days or less, except as otherwise provided herein, having negligible or no permanent effects on the environment that are categorically exempt from the requirements of an environmental impact report under the provisions of the county guidelines for implementation of the California Environmental Quality Act of 1970 including, but not limited to: Grand opening sales and displays, Christmas tree lots, neighborhood and church festivals, firewood sales lots in the A district (but no such permit shall be approved for a period to exceed one year), mobilehome occupancy for a period of one year during construction of permanent living quarters on the same premises in any A or R district, occupancy of a commercial office trailer for a period not to exceed one year in any C or M district, tract and sales office with accessory signs and directional tract signs during the period of construction and original sale of the buildings or lots in a new subdivision, shall be permitted only if an administrative conditional use permit is approved by the planning director. In addition to the above, the planning director may grant an administrative conditional use permit for a tent or canopy subject to the provisions of Sections 17.52.1110 through 17.52.1160. The planning director shall make such investigations as are necessary to determine whether or not the proposed use conforms or may be conditioned to conform to the requirements and intent of this title. If from the information submitted or developed upon investigation, the planning director finds that compliance with the requirements and intent of this title would be secured, the administrative conditional use permit shall be approved. If it is found that such compliance is not secure, the permit shall be denied or approved subject to such specified conditions, changes or additions as will assure such compliance.

The order approving or disapproving an administrative conditional use permit shall become effective five days after the date of such action unless a written appeal is filed pursuant to and in compliance with Section 17.54.670.

(Ord. 2002-60 (part): Prior gen. code § 8-60.60.1)

(Ord. No. 2010-7, § 3, 2-9-10)

17.52.500 - Administrative conditional uses—Violation.

Once an administrative conditional use is established, all of the conditions specified in the permit's approval shall become operative and the violation of any of them shall constitute a violation of this title.

(Prior gen. code § 8-60.60.2)

17.52.505 - Administrative minor use permit.

Purpose. The administrative minor use permit (AMUP) provides a process for reviewing uses that may be appropriate in the applicable zone but whose effects on a site and adjacent uses shall be subject to review and approval. The purpose of an administrative minor use permit is to provide flexibility and to reduce processing times for minor projects that are accessory to and consistent with permitted or conditionally permitted uses in the applicable zoning district.

Review Authority. The application for an administrative minor use permit shall be reviewed and approved or denied by the planning director. A decision pursuant to this section shall be final, subject to appeal in compliance with Section 17.54.670 (Appeals).

Types of Uses and Activities. An administrative minor use permit may be issued for the following types of uses and activities that are operating in conjunction with a permitted or conditionally permitted facility:

Outdoor commercial, including but not limited to the uses described in subsections a through e below. Outdoor commercial uses shall be subject to any applicable county specific plan, which may prohibit or otherwise regulate such uses. Outdoor commercial uses shall not be allowed for a "microenterprise home kitchen operation" (MEHKO) pursuant to Assembly Bill 626 (AB 626) (2018).

This category includes, among other uses:

Outdoor seating for dining purposes;

Outdoor seating and meal service for on-site alcohol service with on-site meal service as defined by the California Department of Alcoholic Beverage Control (ABC) and in compliance with all applicable ABC licenses and requirements;

Outdoor personal services (cosmetologists, barber shops, beauty salons, and other similar personal grooming services);

Outdoor retail including merchandise display areas; and

Outdoor fitness classes or training.

Outdoor community facilities as defined by the Alameda County Zoning Ordinance, Section 17.04.010.

Pop-up spaces and uses for food preparation and service or for retail.

Mobile food, beverage or retail uses (e.g. food trucks) located at specified private property locations.

Musical performances (including amplified music) accessory to an existing use.

Minor façade changes including signage.

Application Filing, Processing, and Review.

Application Filing and Processing. The application shall be filed with the Alameda County Planning Department using the information and materials specified in the most up-to-date department handout for an administrative minor use permit, together with the required fee. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection F (Required Findings), below.

Application Review. Each application shall be reviewed by the planning director to ensure that the proposal complies with all applicable requirements of this code and any applicable specific plan or general plan. However, notwithstanding any provision in this code to the contrary, and to the extent required to facilitate an otherwise allowable use pursuant to subsection C above:

Parking requirements may be reduced by up to fifty (50) percent for uses longer than seven consecutive days in duration or by up to one hundred (100) percent for uses seven consecutive days or fewer in duration.

Permitted uses may occur outdoors on private property.

Administrative Decision and Notice.

Administrative Decision. An administrative minor use permit decision shall be issued without a hearing.

Notice. Before a decision on an administrative minor use permit, the Department shall provide notice in compliance with Section 17.54.830(D) for similar approvals which do not require a public hearing. The notice shall state that the planning director will decide whether to approve or deny the administrative minor use permit application on a date specified in the notice and that the decision is appealable.

Conditions of Approval. The planning director may add conditions of approval as necessary to ensure the use meets the required findings below.

Administrative Minor Use Permits shall be subject to time limits and expiration listed in subsections a through e below. The permittee shall have no right to continue any uses approved pursuant to this section beyond the expiration date of the permit, including expiration pursuant to this subsection or subsection (G)(2), below.

Outdoor commercial: Five years;

Outdoor community facilities: Five years;

Pop-up spaces and uses: One year;

Mobile food, beverage, or retail uses (such as but not limited to food trucks): One year;

Musical performances: One year;

Minor façade changes including signage: No time limit.

Administrative minor use permits shall be subject to periodic administrative review to determine conformance with the conditions of approval and to determine that the findings upon which the approval was based are still met.

Required Findings. The planning director may approve an administrative minor use permit only after making all of the following findings:

The proposed use is consistent with the general plan and any applicable specific plan;

The design, location, size, and operating characteristics of the proposed activity will be compatible with the land uses in the vicinity;

The site is physically suitable for the use in terms of:

Its design, location, shape, and size, and the operating characteristics of the proposed use,

Access to appropriate services, utilities, and public protection (e.g., fire and medical access, waste collection, and disposal);

The site includes physical improvements and/or the permitted facility that are of a high-quality nature consistent with the immediate surroundings;

Any new or modified signage conforms to requirements in the zoning ordinance and design guidelines included and any applicable specific plan; and

The proposed use will not be inconsistent with applicable federal, state or local laws or regulations.

Abandonment and Revocation.

An Administrative minor use permit becomes null and void if not implemented within twelve (12) months following its effective date. The planning director may, without a hearing, extend the time to implement the use for a maximum period of one additional twelve (12)-month period only, upon application filed with the planning department before the expiration of the initial twelve (12)-month time period. Extensions will only be granted if the findings can still be made based on the existing conditions of the site and the use.

If a use granted under an administrative minor use permit is abandoned for a period of six months, the administrative minor use permit shall expire. An applicant may apply for a new administrative use permit at any time following such expiration.

Whenever the planning director determines that permit conditions have been or are being violated, the planning director may revoke or modify the administrative minor use permit. The planning director shall send a written notice of the revocation or modification to the permittee and the property owner by personal service or by prepaid certified mail, return receipt requested, to the permittee and property owner's notice addresses provided on the application. The notice must include:

A statement that the permit is being revoked or modified under this chapter;

The basis for the determination;

A statement that the permittee may request a hearing before the planning commission per Section 17.54.070 on the revocation or modification by submitting a hearing request, in writing, to the planning department, within ten calendar days of the date of the notice;

A statement that the failure to request a hearing on the notice of suspension or revocation will constitute a waiver of all hearing and appeal rights, and the suspension or revocation will be final; and

Signature of the planning director or designee making the determination.

Service of notice shall be deemed complete at the time of personal service or the time the notice is deposited in the mail. Failure of any person to receive notice shall not affect the validity of any proceedings hereunder.

If the permittee requests a hearing within ten days, the planning director shall set a date for a public hearing upon the proposed revocation or modification before the planning commission.

The hearing notice shall be served on the permittee and property owner's notice addresses at least ten days before the date of the hearing, and specify the date, time, and place when and where it will be held.

Penalty for Violations.

The violation by any person of any provision of this section or condition of an administrative minor use permit granted under the terms of this section is an infraction and subject to enforcement pursuant to Chapters 17.58 and 17.59 of this code (with the exception of enforcement as a misdemeanor).

Each person is guilty of a separate offense for each and every day during any portion of which a violation is committed, continued, or permitted, and shall be punished accordingly.

(Ord. No. 2021-56, § 2, 12-21-21)

17.52.510 - Signs.

For the purpose of this title, additional types of signs are distinguished and defined and shall be subject to the regulations specified for each. The word "illuminated" when used in reference to signs shall mean giving forth direct artificial light, and shall not refer to light cast upon a sign from an outside source. Where the aggregate area of signs is limited, all faces of a sign shall be included in the calculation. Where two advertising signs are located on the same supporting members and the two faces of the signs are at no point more than two feet from one another, each face shall be considered a single sign.

(Prior gen. code § 8-60.61)

17.52.515 - Billboards and advertising signs.

General Provision. Notwithstanding any other provision in Title 17, no person shall install, move, alter, expand, modify, replace or otherwise maintain or operate any billboard or advertising sign in the unincorporated area of Alameda County, except:

Those billboards or advertising signs which legally exist as of the time this section is first adopted;

Those billboards or advertising signs for which a valid permit has been issued and has not expired;

Pursuant to an agreement relocating presently existing, legal billboards or advertising signs pursuant to Business and Professions Code Section 5412; provided that every billboard or advertising sign relocated pursuant to a relocation agreement shall fully comply with the site development review process and criteria in Sections 17.54.220 and 17.54.226, further provided such signs are located:

On a parcel that does not contain residential or agricultural uses,

On or adjacent to a parcel with interstate or primary highway frontage,

Within six hundred sixty (660) feet of the edge of the right-of-way of an interstate or primary highway, and

In a manner consistent with adopted Scenic Corridor (SC) overlay zones, as required by section 17.30.190; or

As required under federal or state law.

For purposes of this section, "billboard" shall mean a permanent structure or sign used for the display of offsite commercial messages and shall include and be synonymous with "advertising sign" as that term is defined in Section 17.04.010.

Purpose. The purpose and intent of this section is:

To protect and advance the county's interests in community aesthetics by the control of visual clutter, protection of scenic corridors, pedestrian and driver safety, and the protection of property values;

To implement the county's general plan by insuring that billboards and advertising signs within the county's unincorporated area are compatible with their surroundings and are in keeping with the goals and objectives of the those plans; and

To maintain the attractiveness and orderliness of the county's unincorporated area's appearance.

Substitution of Messages. Subject to the property owner's consent, a noncommercial message of any type may be substituted for any duly permitted or allowed commercial message or any duly permitted or allowed noncommercial message in an advertising sign, provided that the sign structure or mounting device is legal, without consideration of message content. Such substitution shall not involve an addition to, enlargement of, or other modification or change in use of the advertising sign other than the message substitution. Such substitution of message may be made without any additional approval or permitting. This provision prevails over any more specific provision to the contrary within this section. The purpose of this provision is to prevent any inadvertent favoring of commercial speech over noncommercial speech, or favoring of any particular noncommercial message over any other noncommercial message. This provision does not create a right to increase the total amount of signage on a parcel, lot or land use; does not affect the requirement that a sign structure or mounting device be properly permitted; does not allow a change in the physical structure of a sign or its mounting device; does not allow the substitution of an off-site commercial message in place of an on-site commercial message; and does not allow one particular on-site commercial message to be substituted for another without a permit.

Removal of Existing Billboards and Advertising Signs.

In accordance with California Business and Professions Code Section 5412.1, those billboards or advertising signs meeting all of the following criteria shall be removed within the time periods set forth below without compensation:

The billboard or advertising sign is located within an area shown as residential in the county's general plan;

The billboard or advertising sign is located within an area zoned for residential use;

The billboard or advertising sign is not located within six hundred sixty (660) feet from the edge of the right-of-way of, and the copy is visible from, an interstate or primary highway, nor is placed or maintained beyond six hundred sixty (660) feet from the edge of the right-of-way of an interstate or primary highway with the purpose of its message being read from the main traveled way; and

The billboard or advertising sign is not required to be removed because of an existing overlay zone, combining zone, or any other special zoning district whose primary purpose is the removal or control of signs.

Any billboard or advertising sign meeting all criteria listed in subsection (D)(1) of this section shall be removed at the close of the amortization period listed below:

Fair Market Value on Date of Notice of Removal Requirement	Minimum Years Allowed
Under $1,999.00	2
$2,000.00 to $3,999.00	3
$4,000.00 to $5,999.00	4
$6,000.00 to $7,999.00	5
$8,000.00 to $9,999.00	6
$10,000.00 and over	7

The amounts provided in this section shall be adjusted each January 1st after January 1, 1983 in accordance with the changes in building costs as indicated in the United States Department of Commerce Composite Index for Construction Costs.

Determination of Fair Market Value. The director of the Alameda County community development agency ("director"), or his/her designee, shall determine the fair market value ("FMV") of the billboard or advertising sign and the resulting amortization period. The amortization period shall run from the date of the notice of amortization, which shall be sent to billboard or advertising sign owners and underlying property owners via registered U.S. Mail. Underlying property owners, for the purposes of this section, are those names contained on the latest available equalized assessment role. Failure to receive the notice of amortization shall not invalidate or otherwise affect the amortization period.

Administrative Appeal Procedure.

Any interested party may appeal a determination of FMV or the resulting amortization period to the board of supervisors by filing an appeal with the clerk of the board. That appeal must be in writing and must be actually received by the clerk of the board no later than 5:00 p.m. on or before the 45th calendar day following the date of mailing of the notice of amortization.

The written appeal shall identify the specific grounds for the appeal and state whether, for example, appellant is asserting there was an error or abuse of discretion by the county or that the county's determinations are not supported by the evidence in the record. The burden is on the appellant to provide sufficient evidence and argument to overturn the county's determinations. In addition, the appellant shall include the following information in the written appeal:

Location and identification of specific billboard or advertising sign under appeal;

Specific determination(s) of the county being challenged;

Current photograph of billboard or advertising sign;

Legal argument and factual evidence, including all relevant documentation, supporting the appeal including, without limitation, building permits (if applicable) and repair and/or improvement records.

The county may request additional information as it deems reasonably necessary to evaluate the appeal.

Failure to timely file an appeal will result in a waiver of any rights to further challenge the county's determinations contained in the notice of amortization.

Appeal Fee. Established per fee schedule.

Notification of Completeness. The county will notify appellant within twenty (20) business days of actual receipt of the written appeal whether the appeal application is deemed complete. The county's failure to notify appellant within said time period will result in the application being deemed complete, except that the county may subsequently request additional information it deems reasonably necessary in order to evaluate the appeal.

The board of supervisors shall promptly provide appellant with a written decision on the appeal, but in no event later than ninety (90) calendar days after notifying the appellant that the appeal is complete or, in the case when the application is deemed complete, after the date the application is deemed complete, unless an extension is agreed to by the appellant. Requests by the county for additional information after the application has been deemed complete will not modify the timing of the ninety (90) day period during which the written determination is being made, provided that the appellant responds in a timely manner to the county's request. Failure of the county to timely issue a written decision shall result in granting of the appeal.

The written decision of the board of supervisors is final and not administratively appealable.

Severance. If any section, sentence, clause, phrase, word, portion or provision of this section is held invalid or, unconstitutional, or unenforceable, by any court of competent jurisdiction, such holding shall not affect, impair, or invalidate any other section, sentence, clause, phrase, word, portion, or provision of this section which can be given effect without the invalid portion. In adopting this section, the board of supervisors affirmatively declares that it would have approved and adopted the section even without any portion which may be held invalid or unenforceable.

(Ord. No. 2008-59, § 1, 9-9-08; Ord. No. 2010-49, § 12, 9-14-10; Ord. No. 2019-2, § 2, 1-15-19)

17.52.520 - Signs permitted.

The following signs are permitted in any district and may be located in required yards, other sign control provisions notwithstanding; and need not be included in any computation of permitted aggregate sign area.

One unilluminated temporary sign, maximum one square foot in area, on each lot for up to ninety (90) days;

House numbers, mail box identification, street names, "no trespass" signs, and other warning signs;

Courtesy signs identifying a benefactor, a location of historic interest, or a statue or monument;

One name plate, two square feet maximum area and shall not be illuminated;

Pedestrian signs:

Must be suspended from a canopy over a sidewalk which is directly in front of the door of the business thereby identified,

Must be perpendicular to the business building wall,

Must not be more than ten square feet in area if double-faced, five square feet in area if single-faced,

Must provide a minimum of eight-foot clearance to the sidewalk below,

Are limited to one per business per building elevation;

Signs serving to direct the flow of pedestrian and vehicular traffic, with eight square feet per sign, except pavement markings which are not so restricted as to maximum area;

Temporary nonstructural signs promoting public health, safety, or welfare programs and activities: Eight square feet aggregate area per lot;

Temporary political sign(s) eighteen (18) square feet aggregate area per lot;

Safe or lease sign, with two signs permitted per lot, six square feet maximum area per sign and shall not be illuminated; provided, however, that sale or lease signs in any C or M district shall not exceed twenty-four (24) square feet. One such sign may be placed for each one hundred (100) feet of street frontage;

Subdivision sale, rent, or lease sign, to advertise the original sale, rent, or lease of buildings or lots in connection with a subdivision development: sixty-four (64) square feet plus on additional sign of like dimension for each thirty-five (35) lots or buildings for sale, rent, or lease, twenty (20) feet maximum height, and shall not be illuminated;

Apartment rental sign, for apartment complexes of no less than five dwelling units: One sign, thirty-two (32) square feet maximum area, ten feet maximum height, shall not be illuminated; and shall be removed when initial occupancy occurs within eighty (80) percent or more of the dwelling units;

A bulletin board used to display announcements relative to meetings held on the premises of a church, school, auditorium, or other place of public assembly, twenty-four (24) square feet in area, unless otherwise approved under a conditional use permit, variance, or site development review, attached to the wall or regulated as to height by those limitations on fences and hedges contained in Section 17.52.430;

A directory or other exclusively informational listing of tenants' names attached to the wall at the entrance of a building, or if freestanding, regulated as to height by those limitations on fences and hedges contained in Section 17.52.430, and other provisions of this section notwithstanding, may not be located within a required front or street side yard, twelve (12) square feet maximum aggregate area;

Identification sign, thirty-two (32) square feet maximum area unless otherwise approved under a conditional use permit, variance; or site development review or if freestanding, regulated as to height by those limitations on fences, walls, and hedges contained in Section 17.52.430;

Not more than two service station price signs thirty-two (32) square feet maximum aggregate area, six feet maximum height and may be attached to and made part of service station sign displace structure pursuant to Section 17.38.140;

Signs located inside a building or structure, provided any such sign is neither attached to windows with its sign copy visible from the outside nor otherwise so located inside so as to be conspicuously visible and readable without intentional and deliberate effort from outside the building or structure, provided, however, that any sign or signs which in the aggregate have an area not exceeding twenty-five (25) percent of the window area from which they are viewed are also permitted and need not be included in any computation of permitted aggregate sign area;

Signs placed on or attached to bus stop benches or transit shelters in the public right-of-way either sponsored by, or placed pursuant to a contract with, AC Transit or another common carrier.

(Prior gen. code § 8-60.65)

(Ord. No. 2010-49, § 13, 9-14-10; Ord. No. O-2014-43, § 1, 11-4-14; Ord. No. 2016-51, § 2, 10-4-16)

17.52.530 - Signs—Conditional uses.

Except where signs are listed as permitted uses, the following are conditional uses in any district, may be located in required yards, and shall be permitted only if approved as provided in Section 17.54.130:

Community identification sign, one hundred twenty (120) square feet, twenty (20) feet maximum height, shall be located within one thousand (1,000) feet of the corporation boundary of the community to which the sign refers, illumination shall not be intermittent and sign copy shall be limited to:

The name of the post office or offices serving the area; and/or community in which the sign is located;

Information relating to the service clubs active in the area;

Community slogans or mottos;

Directional information.

(Prior gen. code § 8-60.65.1)

17.52.540 - Abatement of signs relating to inoperative functions.

Signs pertaining to enterprises or occupants that are no longer using a property shall be removed from the premises or sign copy on such signs shall be obliterated, within thirty (30) days after the associated enterprise or occupant has vacated the premises. Other signs of a temporary nature (including political signs) shall be removed within fifteen (15) days following the event or election or other purpose served by the sign in the first instance.

(Prior gen. code § 8-60.65.2)

(Ord. No. 2010-71, § 82, 12-21-10)

17.52.550 - Reserved.

Editor's note— Ord. No. 2019-2, § 3, adopted January 15, 2019, repealed § 17.52.550, which pertained to advertising signs adjacent to scenic routes and derived from prior gen. code § 8-60.67.

17.52.560 - Advertising signs adjacent to scenic routes—Scenic route corridors.

No advertising sign shall be located or constructed in any district in a scenic route corridor adopted as part of the specific plan for areas of environmental significance.

(Prior gen. code § 8-60.67.1)

17.52.565 - Advertising signs for tobacco products.

Purpose. The primary purpose of this section is to promote the general welfare and reduce illegal use and purchase of tobacco products by minors. This is accomplished by limiting the exposure of minors to publicly visible advertising signs of tobacco products.

Definitions. For purposes of this section, the following definitions apply:

"Child day care center" shall have the same meaning as in Section 1596.750 of the California Health and Safety Code.

"Library" means any public library dearly identified on the outside of the facility as library.

"Playground" means any outdoor premises or grounds owned or operated by the county, a park or recreation district, a public or private school, child day care center, youth or recreational center, containing any play or athletic equipment used or intended to be used by minors.

"Publicly visible" means visible to the public from any street, sidewalk, or other public thoroughfare, and includes the placement of outdoor signs such as billboards, signs attached to poles, posts or other fixtures, signs attached to the outside of buildings, signs placed in the windows or doors of buildings that are visible to passersby, and free-standing signs on the sidewalk.

"Tobacco products" means any product that contains tobacco leaf, including but not limited to cigarettes, cigars, pipes, tobacco, snuff, chewing tobacco and dipping tobacco, cigarette papers or other instrument or paraphernalia that is designed for the smoking or ingestion of tobacco, products prepared from tobacco or any controlled substance.

The verb "to place," and any of its variants, includes the erecting, construction, posting, painting, printing, tacking, nailing, gluing, sticking, carving or otherwise fastening or affixing or making visible any advertising display on or to the ground or any tree, bush, rock, fence, post, wall, building, structure or thing.

"School" shall have the same meaning as in Section 6.108.020M of this code.

Tobacco Products Advertising Restrictions. No person or entity shall place any advertising sign in the unincorporated area of Alameda County promoting the sale of tobacco products that if the face of the advertising sign is publicly visible from any school, child day care center, outdoor recreation facility, playground, or library.

Exceptions. This section shall not apply to the following:

The placement of an advertising sign: (a) inside premises that lawfully sell tobacco products, including without limitation, any neon or electrically charged sign that is provided as part of a promotion of a particular brand of product, as long as it is compliant with the sign ordinance; or (b) on commercial vehicles used for the primary purpose of transporting tobacco products;

Any tobacco products advertising sign located in an industrial zone (designated M-1, M-2, and M-P) or in a commercial zone (designated C-1, C-2, C-O, C-N, SO, Sand H-1) if the advertising sign is more than one thousand (1,000) feet from any school, child day care center, outdoor recreation facility, playground, or library;

Any tobacco products advertising sign on a vehicle that provides public transportation, including taxicabs or busses;

Notwithstanding the Federal Highway Beautification Act, any tobacco products advertising sign adjacent to and facing an interstate highway.

Measure of Distance. The distance between any advertising sign and any school, child day care center, outdoor recreation facility, playground, library, or non-commercial or non-industrial zone shall be measured in a straight line, without regard to intervening structures, from the advertising sign to the closest property line of the school, child day care center, outdoor recreation facility, playground, or library, or to the closest boundary of the zone.

Construction. This section shall not be construed to permit any advertising sign that is otherwise restricted or prohibited by law. This section shall be construed to apply only to commercial speech.

Administrative Enforcement. Any person who violates, disobeys, omits, neglects, refuses to comply with, or resists the enforcement of any of the provisions of this ordinance shall be subject to procedures contained in Chapter 59 of Title 17.

Administrative Penalties. When an authorized enforcement officer finds that a violation of this section has taken place, the enforcement officer may assess or impose:

Civil penalties pursuant to the standards and procedures established in Chapter 59 of Title 17;

Administrative citations pursuant to the standards and procedures established in Chapter 59 of Title 17; and/or

Property use limitations pursuant to the standards and procedures established in Chapter 54 of Title 17.

Civil Actions. In addition to other remedies provided in this section, any violation of this section may be enforced by a civil action brought by the county. In such action, the county may seek, and the court shall grant, as appropriate, any or all of the following remedies:

A temporary and/or permanent injunction;

Assessment of the violator for costs of any investigation, inspection, or monitoring survey which led to the establishment of the violation, and for reasonable costs of preparing and bringing legal action under this subsection, including but not limited to attorney compensation;

Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

Continuing Violation. Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this section is committed, continued or permitted by the person and shall be punishable accordingly as herein provided.

Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this section shall constitute a violation of such provision.

Reinspection Fees. Whenever an authorized enforcement officer determines that upon reinspection of the premises there has been a failure to comply with any orders, notices or directions of the county, the enforcement officer may charge a reinspection fee.

Remedies Not Exclusive. Remedies under this section are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive. The enforcement officer shall have the discretion to select a particular remedy to further the purposes and intent of the section, depending on the particular circumstances. The enforcement officer's decision to select a particular remedy is not subject to appeal.

Joint and Several Liability. The property owner and the advertising sign owner/operator shall be jointly and severally liable for violations of this section.

Disclaimers. By prohibiting the advertising or promotion of tobacco products in outdoor or publicly visible locations, the county is assuming an undertaking only to promote the general welfare by discouraging and reducing the illegal purchase and use of tobacco products to minors. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person or entity who claims that such breach proximately caused injury.

Severability and Validity. If any portion of this section or the application thereof to any person or entity or circumstances is declared invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this section and the application of such portions to other persons or circumstances are to be considered valid. To this end, the provisions of this section are severable.

(Ord. No. 2010-48, § 1, 9-14-10)

17.52.566 - Advertising signs for alcoholic beverages.

Purpose. The primary purpose of this section is to promote the general welfare and reduce illegal consumption and purchase of alcoholic beverages by minors. This is accomplished by limiting the exposure of minors to publicly visible advertising signs of alcoholic beverages.

Definitions. For purposes of this section, the following definitions apply:

"Alcoholic Beverages" shall have the same meaning as in Section 6.104.040 of this code.

"Child Day Care Center" shall have the same meaning as in Section 1596.750 of the California Health and Safety Code.

"Library" means any public library clearly identified on the outside of the facility as a library.

"School' shall have the same meaning as in Section 6.108.020M of this code.

Alcoholic Beverages Advertising Restrictions. No person or entity shall place any advertising sign in the unincorporated area of Alameda County promoting the sale of alcoholic beverages if the face of the advertising sign is publicly visible from any school, child day care center, outdoor recreation facility, playground, or library.

Exceptions. This section shall not apply to the following:

The placement of an advertising sign: (a) inside premises that lawfully sell alcoholic beverages, including without limitation, any neon or electrically charged sign that is provided as part of a promotion of a particular brand of product, as long as it is compliant with the sign ordinance; (b) on commercial vehicles used for the primary purpose of transporting alcoholic beverages; or (c) in conjunction with a one-day alcoholic beverage sales license or temporary license issued by the California Department of Alcoholic Beverage Control;

Any alcoholic beverages advertising sign located in an industrial zone (designated M-1, M-2, and M-P) or in a commercial zone (designated C-1, C-2, C-O, C-N, SO, Sand H-1) if the advertising sign is more than five hundred (500) feet any school, child day care center, outdoor recreation facility, playground, or library;

Any alcoholic beverages advertising sign on a vehicle that provides public transportation, including taxicabs or busses; and

Notwithstanding the Federal Highway Beautification Act, any alcoholic beverages advertising sign adjacent to and facing an interstate highway.

Measure of Distance. The distance between any advertising sign and any school, child day care center, outdoor recreation facility, playground, library shall be measured in a straight line, without regard to intervening structures, from the advertising sign to the closest property line of the school, child day care center, outdoor recreation facility, playground, or library.

Construction. This section shall not be construed to permit any advertising sign that is otherwise restricted or prohibited by law. This section shall be construed to apply only to commercial speech.

Administrative Penalties. When an authorized enforcement officer finds that a violation of this section has taken place, the enforcement officer may assess or impose:

Civil penalties pursuant to the standards and procedures established in Chapter 59 of Title 17;

Administrative citations pursuant to the standards and procedures established in Chapter 59 of Title 17; and/or

Property use limitations pursuant to the standards and procedures established in Chapter 54 of Title 17.

A temporary and/or permanent injunction;

Costs incurred in removing, correcting, or terminating the adverse effects resulting from the violation.

Concealment. Causing, permitting, aiding, abetting or concealing a violation of any provision of this section shall constitute a violation of such provision.

Joint and Several Liability. The property owner and the advertising sign owner/operator shall be jointly and severally liable for violations of this section.

Disclaimers. By prohibiting the advertising or promotion of alcoholic beverages in outdoor or publicly visible locations, the county is assuming an undertaking only to promote the general welfare by discouraging and reducing the illegal purchase and consumption of alcoholic beverages by minors. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person or entity who claims that such breach proximately caused injury.

(Ord. No. 2010-47, § 1, 9-14-10)

17.52.570 - Specific plan regulations.

Regulations that are part of an officially adopted specific plan shall take precedence over regulations required by this title.

(Prior gen. code § 8-60.69)

17.52.580 - Conditional uses—Board of zoning adjustments.

Except where they are listed in the district regulations as permitted uses, the following are conditional uses in any district and shall be permitted only if approved by the board of zoning adjustments, as provided in Section 17.54.130:

Shelter;

Temporary use as regulated in Section 17.52.480; and

Church of wood frame or more lasting construction;

Subdivision entrance structures;

Group living quarters housing persons placed by an authorized agency for rehabilitation purposes and which is funded by or licensed by or is operated under the auspices of an appropriate federal, state or county governmental agency. These group living quarters are characterized by short-term nonmedical care occupancies as distinguished from those residential care facilities for the ambulatory aged licensed by the State Department of Social Services Agencies and as distinguished from those medical care facilities as licensed by the State Department of Health;

Innovative or unconventional housing to alleviate homelessness where the project:

Will address the housing needs of individuals or families experiencing homelessness;

Is in an area near transit and services;

Is secondary or ancillary to the primary use and is not located in the Ashland/Cherryland, San Lorenzo Village or Castro Valley Central Business District Specific Plan Areas;

Will not impede local economic development; and

May focus on unique needs of the occupants, such as income affordability (low-, very-low, or moderate income) or targeted populations (such as seniors or veterans).

(Ord. 2002-60 (part); Ord. 2000-53 § 1 (part); prior gen. code § 8-61.0)

(Ord. No. 2019-44, § 2, 10-15-19)

17.52.585 - Conditional use—Cannabis cultivation or combined cannabis operation.

Cannabis cultivation and combined cannabis operations shall be permitted as conditional uses in the A district if approved by the board of zoning adjustments as provided in Section 17.54.130 and pursuant to Section 17.06.040(R) and (S), respectively.

A cannabis cultivation permit or combined cannabis operation permit must be issued and any appeals finally determined in accordance with Chapter 6.106 or 6.109 of this code, respectively, prior to the hearing on an application for a conditional use permit pursuant to this section. A conditional use permit issued pursuant to this section shall be effective only during such time as the permittee also holds a valid and effective cannabis cultivation permit pursuant to Chapter 6.106 or combined cannabis operation permit pursuant to Chapter 6.109 and a valid and effective state license permitting the cannabis activities.

Cannabis cultivation or combined cannabis operation uses approved pursuant to this section shall meet the criteria established by Section 17.06.040(R) or (S), respectively, Section 17.54.130, Section 17.54.140 and any criteria established for the district. In addition, no conditional use permit for cannabis cultivation or combined cannabis operation shall issue unless the following additional findings are made by the board of zoning adjustments based on sufficient evidence:

The applicant has demonstrated an ability to provide effective security for the cannabis cultivation or combined cannabis operation site and to provide a safe environment for people working at the site;

Theft and diversion of cannabis cultivated on the premises is prevented;

Artificial light shall not escape structures used for cannabis cultivation (e.g. greenhouses) at a level that is visible from neighboring properties between sunset and sunrise. Lighting that is visible from the exterior of the cannabis cultivation area is prohibited, except such lighting as is reasonably utilized for the security of the premises;

Any direct or sky-reflected glare or heat shall not be perceptible at any point outside of the cannabis Cultivation site;

Noise or vibration, other than that related to transportation activities and temporary construction work, shall not be discernible without instruments at any lot line of the site;

Odorous gases or odorous matter shall not be emitted in quantities such as to be perceptible outside of the cannabis cultivation site;

The discharge into any public sewer, private sewage disposal system or stream or into the ground shall not occur except in accordance with the standards approved by the State Department of Health, of any materials of such nature or temperature as to contaminate any water supply, interfere with bacterial processes and sewage treatment, or in any way cause the emission of dangerous or offensive elements;

Any dust, dirt or particulate matter shall not be discharged into the air from any activity or from any products stored on the site; and

The areas of the site to be actively used for cannabis cultivation activities are set back as follows:

At least fifty (50) feet from any property line shared with an adjacent property with different ownership, unless waived in writing by the adjacent owner;

At least three hundred (300) feet from any residence on an adjacent property with different ownership, unless waived in writing by the adjacent owner; and

At least one thousand (1,000) feet from any school for pre-K to 12th grade students, licensed child or day care facility, public park or playground, drug or alcohol recovery facility or public recreation center.

The planning director may establish additional performance standards and standard conditions providing detailed guidance for applicants and permittees. Permittees shall be required to comply with the performance standards and any conditions of approval applicable to a permit issued pursuant to this chapter.

(Ord. No. 2017-37, § 2, 9-12-17; Ord. No. 2018-24, § 2, 5-8-18; Ord. No. 2019-23, § 2, 6-18-19)

17.52.586 - Conditional use—Cannabis testing laboratory.

A cannabis testing laboratory shall be permitted as a conditional use in the A district if approved by the board of zoning adjustments as provided in Section 17.54.130 and pursuant to Section 17.06.040(T).

A conditional use permit issued pursuant to this section shall be effective only during such time as the permittee also holds a valid and effective state license for a testing laboratory pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act.

Cannabis testing laboratory uses approved pursuant to this section shall meet the criteria established by Section 17.06.040(T), Section 17.54.130, Section 17.54.140 and any criteria established for the district. In addition, no conditional use permit for a cannabis testing laboratory shall issue unless the following additional findings are made by the board of zoning adjustments based on sufficient evidence:

The applicant has demonstrated an ability to provide effective security for the cannabis testing laboratory site and to provide a safe environment for people working at the site;

Theft and diversion of cannabis on the premises is prevented;

Artificial light shall not escape structures used for cannabis testing at a level that is visible from neighboring properties between sunset and sunrise. Lighting that is visible from the exterior of cannabis testing structures is prohibited, except such lighting as is reasonably utilized for the security of the premises;

Odorous gases or odorous matter shall not be emitted in quantities such as to be perceptible outside of the cannabis testing site;

Any dust, dirt or particulate matter shall not be discharged into the air from any activity or from any products stored on the site; and

The areas of the site to be actively used for cannabis testing Laboratory activities are set back as follows:

At least twenty (20) feet from any property line shared with an adjacent property with different ownership, unless waived in writing by the adjacent owner;

At least one hundred (100) feet from any residence on an adjacent property with different ownership, unless waived in writing by the adjacent owner; and

(Ord. No. 2019-23, § 2, 6-18-19)

17.52.590 - Site development review—All districts—When required.

In addition to the requirement for site development review as provided by other provisions of this title, site development review is additionally required as follows:

Whenever a building site or site of a proposed use is located in an area of environmental significance, every structure requiring a building permit hereafter placed upon such site shall be subject to site development review, pursuant to Section 17.54.210, unless prior thereto zoning approval is granted upon the determination that the structure is for a minor project consistent with the objectives and policies of the specific plan establishing the area of environmental significance or unless the site and use have been the subject of a prior application such as subdivision, PD, or conditional use permit, under which environmental review has been completed and the specific plan has already been considered.

Such sites shall be subject to special regulations and policies which depend upon the nature of each area as set forth in the specific plan for areas of environmental significance.

All structures to be moved onto property in the unincorporated area of this county shall be the subject of an approved site development review pursuant to Section 17.54.210.

Whenever a satellite dish antenna is hereafter placed upon a building site in the following zoning districts: R-S, R-4, any C district, M-1 district.

All structures and uses to be located on property shown on Assessors Map 96 Block 140 in the unincorporated area of Alameda County, Sunol, Pleasanton Township shall be subject to an approved site development review pursuant to Section 17.54.210.

(Prior gen. code § 8-61.2)

17.52.600 - Site development review required by specific plan.

Site development review, pursuant to Sections 17.54.210—17.54.290, shall be required under the conditions of, and where specified by, an officially adopted specific plan.

(Prior gen. code § 8-61.3)

(Ord. No. 2010-71, § 83, 12-21-10)

17.52.610 - Nonconforming uses and buildings.

Any use lawfully occupying a building or land which no longer conforms to the regulations of the district in which it is located due to the adoption of the zoning ordinance or a subsequent amendment thereto shall be deemed to be a nonconforming use, and may continue except as otherwise provided herein. Any lawfully existing building or structure which is wholly or partially used or designed for use contrary to the regulations of the district in which it is located, or which is by reason of its height or bulk, or with respect to the yards or parking spaces about it or in any other manner deficient with respect to such regulations, shall be deemed to be a nonconforming building, and may continue except as otherwise provided herein.

(Prior gen. code § 8-62.0)

17.52.620 - Nonconforming uses and buildings—Exception.

A building lawfully constructed or a use lawfully occupying a building or land in accordance with the terms and conditions of a variance shall not be thereafter deemed to be nonconforming solely on the basis of a deficiency authorized by the specific variance granted.

(Prior gen. code § 8-62.1)

17.52.630 - Nonconforming buildings—Completion.

Any building for which a valid building permit has been issued prior to the time of any amendment of this title, may be completed and used in accordance with the approved plans; provided, that construction is diligently prosecuted to completion. Every such building shall thereafter be deemed to be a lawfully existing building and Section 17.52.610 of this chapter shall apply.

(Prior gen. code § 8-62.2)

17.52.640 - Nonconforming uses and buildings—Changes.

No nonconforming use except as provided in Section 17.52.650 shall be enlarged or extended so as to occupy a greater area of land or of a building than that occupied at the time it became a nonconforming use. Except as otherwise provided in Section 17.52.650 of this chapter, no nonconforming building shall be enlarged, extended or structurally altered unless the entire building and the use thereof is so changed as to be conforming in every respect. Except as otherwise provided in Section 17.52.660, no nonconforming use shall be changed to a different nonconforming use. The provisions of this section shall not apply to dwellings in the A district that are nonconforming solely because they were not subject to site development review pursuant to Section 17.06.090 of this title.

(Prior gen. code § 8-62.3)

(Ord. No. 2010-71, § 84, 12-21-10)

17.52.650 - Nonconforming dwelling—Exception.

A nonconforming dwelling in any R or A district, where the nonconformity consists only of deficiency in yard dimensions or the required parking spaces and where no such deficiency exceeds fifty (50) percent of the requirements of the district, or any dwelling in an A district which is located on a building site of at least five acres, which parcel was of record prior to May 5, 1972, may be structurally altered or enlarged; provided, that any addition or enlargement shall itself be fully conforming and that the number of dwelling units therein shall not be increased.

(Prior gen. code § 8-62.4)

(Ord. No. 2010-71, § 85, 12-21-10)

17.52.660 - Nonconforming buildings—Exception.

A business conducted entirely within a building may change to a different business if the new business:

Is among the "permitted uses" but does not require a conditional use permit in the zoning district in which it is to be located; or if in a residential zoning district and the existing nonconforming use and the new business are both "permitted uses" in the C-N (neighborhood commercial) zoning district; and

Is to be conducted entirely within the building; and

Does not require a greater number of off-street parking spaces or loading spaces than the former business; and

Does not engage in the sales of alcoholic beverages; or, if existing nonconforming use engages in the selling of alcoholic beverages, does not expand in floor area, result in change in the classification of alcoholic beverages sold, including effective change or any up-grade of the state alcoholic beverage sales license, or substantially change the mode and character of operation, including, but not limited to, the addition of any type of entertainment, live or otherwise.

(Ord. 96-15 § 1 (part); prior gen. code § 8-62.5)

17.52.670 - Nonconforming buildings—Maintenance.

Ordinary maintenance and minor repair of a nonconforming building is permitted; provided, that the aggregate cost of the work done in any period of twelve (12) months on minor alterations or replacement of interior walls, fixtures or plumbing shall not exceed twenty-five (25) percent of the assessed value of the building according to the assessment thereof by the assessor of the county for the fiscal year in which the work was done, and provided further that neither the cubical content of the building nor the number of dwelling units therein shall be increased. The provisions of this section shall not apply to dwellings in the A district that are nonconforming solely because they were not subject to site development review pursuant to Section 17.06.090 of this title.

(Prior gen. code § 8-62.6)

17.52.680 - Restoration of damaged buildings.

The restoration and resumption of the former use of a nonconforming building that is damaged or partially destroyed by fire, explosion, Act of God or the public enemy to the extent of seventy-five (75) percent or less shall be permitted, provided that such restoration is permitted by the building code of the county and is started within one year after such damage and diligently prosecuted to completion. A nonconforming building that is completely destroyed, or damaged or partially destroyed to a greater extent than above specified, shall not thereafter be restored, except in full conformity with all the regulations of this title, except that dwellings in the A district that are nonconforming solely because they were not subject to site development review pursuant to Section 17.06.090 of this title, may be restored without regard to the extent of such damage. The proportion of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the building to its prior condition to the estimated cost of duplicating the entire structure as it existed prior thereto. Estimates for this purpose shall be made by the building official.

(Prior gen. code § 8-62.7)

17.52.690 - Abandonment.

Whenever a nonconforming use of land or of a building in any district is changed to a conforming use or abandoned for a continuous period of six months or more, such use shall not thereafter be reestablished, and any subsequent use of the premises shall be in conformity with all the regulations of this title. The provisions of this section shall not apply to dwellings in the A district that are nonconforming solely because they were not subject to site development review pursuant to Section 17.06.090 of this title.

(Prior gen. code § 8-62.8)

17.52.695 - Nonconforming sale of alcoholic beverages.

Any establishment with a nonconforming alcoholic beverages sales use that does not retain the same type of retail liquor license within a license classification or does not remain in continuous operation with no substantial change in mode or character of operation or both shall lose its nonconforming status, and shall not thereafter be reestablished, and any subsequent use of the premises shall be in conformity with all the regulations of this title.

A break in "continuous operation" does not include a period of less than thirty (30) days, the suspension of business due to extraordinary circumstances beyond the control of the licensee, or a closure of up to one hundred eighty (180) days during the diligent pursuit of building repairs or remodeling undertaken pursuant to a valid building permit.

"Substantial change in mode or character of operation" includes: (i) closure, abandonment, discontinuance, or suspension of the business for more than one hundred eighty (180) consecutive days; (ii) alteration of the premises that would result in an increase of more than ten percent of the existing gross floor area of all structures on the premises; (iii) revocation or suspension of the license by the Department of Alcoholic Beverage Control for a period of more than thirty (30) days; or (iv) conviction of the owner, operator, or licensee for violation of Health and Safety Code Sections 11350, 11351, 11352, 11550 or 11364.7 when the conviction relates to the premises or operation of the establishment.

An action to revoke a nonconforming alcoholic beverages sales use under this section shall be taken by the board of zoning adjustments in whose jurisdiction the property is located pursuant to the procedures of the board of zoning adjustments.

(Ord. 2004-83 § 1)

17.52.700 - Licenses for nonconforming uses—Renewal, etc.—Conditional use permit.

In every case in which, under the provisions of any ordinance of this county in on August 1, 1946, a license or permit is required for the establishing, maintaining, or conducting of any business use and the business use exists as a nonconforming use under this chapter, then the license or permit shall not be authorized, issued, renewed, re-issued or extended for the business use unless and until a conditional use permit has been secured for the continued maintenance or conducting of the business use.

(Prior gen. code § 8-62.9)

(Ord. No. 2010-71, § 86, 12-21-10)

17.52.710 - Nonconforming signs.

All signs, name plates, and their supporting members that did not comply with all provisions of this title as of May 10, 1969, shall be brought into compliance with the provisions of this title within the time limits set forth in this section:

Change Required to Bring Sign into Compliance	Conformance Date:
Alteration of lighting or movement	May 10, 1969, plus one year;
Size or height reduction	three years;
Removal of sign painted on wall	one year;
Relocation on same building site	May 10, 1969, plus two years;
Removal of a freestanding business sign	three years;
Removal of an advertising sign where not permitted	five years;

provided, however, that any sign nonconforming in more than one respect shall be brought into compliance with the time limit of the greatest duration.

(Prior gen. code § 8-62.10)

17.52.720 - Nonconforming signs.

All signs, name plates and their supporting members that were rendered nonconforming by Ordinance No. 74-1, effective February 8, 1974, and Ordinance No. 75-80, effective August 9, 1976, shall be brought into compliance with the provisions of this title on or prior to February 8, 1977. All signs, name plates and their supporting members that are rendered nonconforming by amendments to this title enacted subsequent to August 9, 1976, shall be brought into compliance with the provisions of this title within three years of the effective date of any such amendments.

(Prior gen. code § 8-62.11)

17.52.730 - Signs accessory to nonconforming business or industry.

Signs and supporting members which are accessory to a business or industry existing as a nonconforming use in any A or R district are permitted subject to the sign regulation contained in Section 17.36.070.

(Prior gen. code § 8-62.12)

17.52.740 - Signs—Accessory to a building located within a required yard.

Signs accessory to a building located wholly or partially within a required yard may be located on such a building in accordance with the regulations of this title regardless of the building encroachment.

(Prior gen. code § 8-62.13)

17.52.741 - Nonconforming use—Firearms sales.

Upon the effective date of the ordinance codified in this chapter, any person who claims or believes that he or she has established a legal nonconforming use to conduct firearms sales, including sales of ammunition, shall within ninety (90) days of the effective date of the ordinance codified in this chapter provide written evidence describing the extent and scope of such use to the board of zoning adjustments. If a legal nonconforming use has been established, continued firearms sales may continue if all applicable state and federal permits and licenses have been obtained and maintained in good standing, and a valid firearms dealer's license has been issued by the County of Alameda. The nonconforming use may not be increased, enlarged or expanded without an additional land use permit as provided by this chapter and Chapter 17.54.

(Ord. 2002-60 (part): Ord. 98-53 § 1 (part))

17.52.750 - Parking and loading spaces.

There shall be provided and maintained in accordance with those regulations, off-street automobile parking and loading spaces for every building and use. No building or structure shall be erected or use established and no existing building shall be structurally altered, unless there be already in existence, or unless provision therefore is made concurrently with such erection or structural alteration or new use, the number of parking spaces and loading spaces necessary to meet the minimum requirements hereinafter set forth.

(Prior gen. code § 8-63.0)

17.52.760 - Continuing character of obligation.

The maintenance of the parking and loading spaces required shall be a continuing obligation of the owner of the real estate upon which the building or structure is located as long as the building or structure exists and the use requiring such space continues. It shall be unlawful for an owner of a building or structure affected by these requirements to discontinue, change or dispense with or to cause the discontinuance, sale or transfer of such building or structure, without establishing alternative spaces which conform to those requirements; or for any person, firm, or corporation to use such building or structure without providing such required parking or loading spaces, in compliance with these regulations.

(Prior gen. code § 8-63.1)

17.52.770 - Parking spaces—Accessibility.

These regulations are intended to provide off-street spaces for the parking of the automobiles of tenants of the premises and visitors in the case of residential uses, and for clients, customers, employees and callers in the case of nonresidential uses. They are required to be kept accessible for these purposes continuously, and the use of any such required space or spaces, or of any driveway or maneuvering space necessary to provide access thereto for the storage of a trailer coach, boat, vehicle trailer, unmounted camper unit, or goods of any kind shall constitute discontinuance thereof in violation of Section 17.52.760.

(Prior gen. code § 8-63.2)

17.52.780 - Parking spaces—Size and location.

Except as provided for in Section 17.30.110, concerning secondary units, every required parking space shall have an area not less than one hundred eighty (180) square feet and shall have a width not less than nine feet, and a length of not less than eighteen (18) feet, or be designed as specified in the Alameda County Residential Design Guidelines, exclusive of maneuvering space and driveways which shall be provided as required to make each parking space independently accessible from the street at all times. No required parking space shall occupy any required front yard or any required street side yard of a corner lot, or any required setback from a driveway or any part of a required loading space. All required parking spaces shall be provided on the same building site as the use of building for which they are required.

(Prior gen. code § 8-63.4)

(Ord. No. 2017-13, § 2(Pt. 2), 4-25-17)

17.52.790 - Parking spaces—Access driveways.

In an R or A district, the width of the driveway hereafter provided shall not be less than shown in the following table opposite the number of off-street parking spaces served; provided that where a driveway is divided by a center strip, the width shall be not less than ten feet on each side, and provided that where a site plan is required to be approved a greater width of driveway may be required as a condition of approval:

Number of Parking Spaces Served	Minimum Width Driveway Required
4 or less	12 feet
5 or more	20 feet

(Prior gen. code § 8-63.5)

17.52.800 - Setback from access driveway.

Except in A, R-1 and R-2 districts, wherever any such driveway passes by the wall or wall of a dwelling, the driveway shall be distant from such wall not less than ten feet. Every driveway adjacent to a pedestrian path or sidewalk running parallel thereto, shall have a curb or equivalent buffer not less than four inches high along that side of the paving.

(Prior gen. code § 8-63.6)

17.52.810 - Parking space location—Exception.

Subject to the same limitations as in Section 17.08.040C, the provision may be made upon a lot in an R district which abuts the building site upon which the use of building is located, upon approval as provided in Section 17.54.130 for a conditional use.

(Prior gen. code § 8-63.7)

17.52.820 - Loading spaces—Size and location.

Every required loading space shall be not less than ten feet in width and sixty (60) feet in length, and shall be clear to a height of not less than fourteen (14) feet. Every required loading space shall be on the same lot as the structure it serves or on an abutting lot and shall be continuously accessible from the street. No loading space shall occupy any part of a required parking space, or any required street side yard of a corner lot.

(Prior gen. code § 8-63.8)

17.52.830 - Parking and loading spaces—Approval of plan.

A site plan showing the location of the existing and proposed building or buildings and other improvements, the location of all required parking and loading spaces, and all provisions for maneuvering space and access thereto from a public right-of-way including proposed curb cuts, shall be submitted and approved as being convenient and functional prior to the issuance of a building permit. No approval of occupancy shall be issued upon completion of a building or structural alteration of a building or for any land use when no buildings are erected or altered, unless and until all such spaces as required and as shown upon approved plans and made a part of the building permit are in place and ready for use.

(Prior gen. code § 8-63.9)

17.52.840 - Parking and loading spaces—Maintenance.

All parking and loading spaces, access driveways, and maneuvering areas required by this title shall be graded and well drained and shall be maintained with all-weather dust-free surfacing. In all districts except A, R-1, or F-P districts they shall be paved with asphaltic concrete or Portland cement concrete. Whenever the exterior boundary of an open parking area providing space for five or more automobiles is less than ten feet from any other lot in an R district, such areas shall be screened therefrom by a solid masonry wall, a compact evergreen hedge or a fence having a height equal to the maximum permitted under Section 17.52.430. Lighting of parking and loading spaces shall be so arranged as to be directed downward and away from any residential area.

(Prior gen. code § 8-63.10)

(Ord. No. 2010-71, § 87, 12-21-10)

17.52.850 - Parking and loading spaces—Exception.

Whenever a parcel of land in an R district is lawfully used for parking and the parking facility is maintained to meet the requirements of this title for a use of building on an abutting lot in the same ownership, the requirements of Section 17.52.840 as to a separating fence, wall or hedge shall not apply to the line separating it from such lot.

(Prior gen. code § 8-63.11)

17.52.860 - Collective action permitted.

Nothing in this title shall be construed to prevent the joint use of parking or loading space for two or more buildings or uses if the total of such spaces provided is not less than the sum of the requirements for the individual uses computed separately in accordance with these regulations.

(Prior gen. code § 8-63.12)

17.52.870 - Mixed uses.

When two or more uses occupy the same building or building site, the required number of parking and loading spaces shall be the sum of the requirements of the various uses computed separately. No parking or loading space required to be provided for one of such uses shall be considered as providing a required space for any other such use, except pursuant to and in conformity with the provisions of Section 17.52.880.

(Prior gen. code § 8-63.13)

17.52.880 - Joint use of parking spaces.

Where an attested copy of a contract between the parties concerned is filed with the application for a building permit, which contract sets forth a valid agreement for joint use of parking spaces for the life of the buildings or uses concerned, the number of spaces required jointly for a place of assembly, the use of which is principally exercised during nonbusiness hours, and a business use or uses regularly closed at such times may be reduced so that the total equals whichever is reater of: (A) all the spaces required for the business use or uses plus one-half of the spaces required for the place of assembly, or (B) all the spaces required for the place of assembly plus one-half of the spaces required for the business use or uses.

(Prior gen. code § 8-63.14)

17.52.890 - Number of spaces required.

The number of parking and/or loading spaces required shall be as specified in the following sections for the various types of buildings and uses. When the calculation results in a fractional number, any fraction up to and including one-half shall be disregarded and any fraction over one-half shall be adjusted to the next higher whole number. In the case of a use not specifically mentioned in these regulations, the minimum number of parking and loading spaces required shall be the same as for a specified use found by the planning director to have similar characteristics in relation to the need for automobile parking and loading spaces.

(Ord. 2002-60 (part): Prior gen. code § 8-63.15)

17.52.900 - Floor area.

For the purposes of calculating the number of parking spaces or loading spaces required, the term "floor area" shall mean the floor area of space used for service to the public as customers, patrons, clients, or patients, or occupied by tenants of the offices in the case of an office building. The term shall include floor area occupied by fixtures and equipment used for display or sale of merchandise; but shall not include floor space used for non-public purposes such as storage, incidental repair, processing or packaging of merchandise, show windows or offices incidental to the management or maintenance of stores or buildings. Floor space used principally for toilet or rest rooms, fitting or dressing or alteration rooms, for utilities and for parking or loading spaces within the building shall also be excluded from floor area.

(Prior gen. code § 8-63.16)

17.52.910 - Parking spaces required—Residential buildings.

The number of parking spaces required for residential buildings shall be not less than as specified in Table 17.52.910, adjusting fractions pursuant to Section 17.52.890.

Table 17.52.910 Parking Spaces Required for Residential Buildings
Use	Number of Spaces Required
Dwelling, including single, two-family and multiple residences, group dwellings, apartment houses, apartment hotels, and all other similar structures devoted to habitation	2 for each dwelling unit, plus 1 for each bedroom available for accommodating a paying guest
Hotel, motel, boarding house, clubhouse, fraternity or sorority, and single room occupancy facilities	2 plus 1 for each bedroom available for sorority; accommodating guests a paying guest
Medical or residential care facility, and transitional and supportive housing developments	2 plus 1 for each 6 beds for persons not related to the resident family or manager
Hospital	2 plus 1 for each 4 patient beds, (except that those patient beds designated as "long term care beds" by the State Department of Public Health may be computed 1 per 6 patient beds) plus 1 for each staff doctor; plus 1 for each 1,000 square feet of gross floor area in the main building or buildings
Mobilehome park	2 for each mobilehome site; other provisions of this title notwithstanding, the access to one of these spaces may be within the access to the second space; plus 1 for each 10 mobilehome sites
Recreational vehicle park	1 for each recreational vehicle site located on each recreational vehicle site, plus 1 for each 15 recreational vehicle sites
Emergency shelter	3 plus 1 per each 10 individual beds.
Agricultural employee housing	1 space per unit, or 1 for each 4 beds

(Prior gen. code § 8-63.17)

(Ord. No. 2012-58, § 18, 4-10-12)

17.52.920 - Parking spaces required—Places of assembly.

The number of parking spaces required for places of public assembly shall be not less than specified in Table 17.52.920, adjusting fractions pursuant to Section 17.52.890.

Table 17.52.920 Parking Spaces Required for Places of Assembly
Use	Number of Spaces Required
Auditorium, church, mortuary, chapel, sports stadium or arena, race track, theater	1 for each 4 seats, counting 18 inches of seating space on a bench as 1 seat, and counting only the largest assembly room in the case of a church
Assembly, exhibition, convention, meeting or dance hall; skating rink, bowling alley, library	1 for each 100 square feet of floor area used for assembly, or 1 for each 6 occupants making up the occupant load as determined by the county building official, whichever is the greater requirement
Restaurant, bar, or other establishment of dining or drinking	1 for each 60 square feet of floor area, or 1 for each 4 such occupants making up the occupant load as determined by the county building official, whichever is the greater requirement

(Prior gen. code § 8-63.18)

(Ord. No. 2010-71, § 88, 12-21-10)

17.52.930 - Parking spaces required—Business establishments.

The number of parking spaces required for business establishments shall be not less than specified in Table 17.52.930, adjusting fractions pursuant to Section 17.52.890.

Table 17.52.930 Parking Spaces Required for Business Establishments
Use	Number of Spaces Required
Retail store, market or shop; shopping center
Floor area 6,000 square feet or less	1 for each 300 square feet thereof
Floor area over 6,000 but less than 12,000 square feet	20 plus 1 for each 150 square feet in excess of 6,000
Floor area 12,000 square feet or more	60 plus 1 for each 100 square feet in excess of 12,000
Office or office building, bank clinic, laboratory	1 for each 250 square feet of floor area
Manufacturing or industrial plant, storage building or yard, public utility building (except office), contractor's yard, lumber yard, business service shop, industrial laboratory, or use similar to any of these	1 for each 2 employees, based on the design capacity of the largest work shift, or 1 for each 1,000 square feet of floor area, whichever is the greater requirement

(Prior gen. code § 8-63.19)

(Ord. No. 2010-71, § 89, 12-21-10)

17.52.940 - Loading spaces required—Commercial and industrial uses.

Every department store, freight terminal or railroad yard, hospital, industrial plant, manufacturing establishment, retail establishment, storage, warehouse, or wholesale establishment, which has an aggregate gross floor area of fifteen thousand (15,000) square feet or more, arranged intended or designed for such use, shall provide loading spaces in accordance with Table 17.52.940.

Table 17.52.940 Loading Spaces Required for Commercial and Industrial Uses
Aggregate Gross Area Used In Square Feet	Number of Loading Spaces Required
15,000 or more, but not over 40,000	1
Over 40,000 but not over 100,000	2
Over 100,000 but not over 160,000	3
Over 160,000	3 plus 1 for each full 80,000 square feet in excess of 160,000

(Prior gen. code § 8-64.0)

17.52.950 - Loading spaces required—Other uses.

Every auditorium convention hall, exhibition hall, mortuary, hotel, motel, multiple dwelling, office building, restaurant or sports arena, which has an aggregate gross floor area of one hundred thousand (100,000) square feet or more, arranged, intended or designed for such use, shall provide loading spaces in accordance with Table 17.52.950.

Table 17.52.950 Loading Spaces Required for Other Uses
Aggregate Gross Area Used In Square Feet		Number of Loading Spaces Required
Over:	But Not More Than
100,000	150,000	1
150,000	400,000	2
400,000	660,000	3
660,000	970,000	4
970,000		plus 1 for each full 330,000 square feet in excess of 970,000

(Prior gen. code § 8-64.1)

17.52.955 - Garage conversions—Limitations.

Within all residentially zoned districts and Planned Development (PD) districts with residential uses, garage conversions to non-garage uses shall not be permitted, except when all of the following conditions are met:

When no other conforming building space is available on the property for conversion or addition into a non-garage space;

When, after review of replacement design elements, the garage conversion is found to be architecturally consistent with the rest of the primary structure(s) located on the property;

When the garage, if attached to the primary structure, includes an internal connection to the rest of the primary structure;

When other conforming on-site parking space(s) is (are) available for replacement at a one-to-one ratio for the number of on-site parking spaces required by the zoning district and/or use;

When there is evidence in the public record that all required conforming on-site replacement parking will be continuously maintained and readily accessible from the public right-of-way;

When alternative, conforming enclosed storage space of adequate size is provided. Adequate storage space shall be as determined by the planning director or other decision body; and

When the replacement storage space complies with the Neighborhood Preservation Ordinance standards (Chapters 6.64 and 6.65 of the Alameda County General Ordinance Code).

Applications for garage conversions that meet all of the conditions listed herein shall be processed per Section 17.54.220B of this title.

(Ord. 2004-97, § 2)

17.52.956 - Garage conversions—Compliance with performance standards.

All garage conversions shall be maintained in compliance with Title 6, Chapters 6.64 and 6.65, and in compliance with Section 17.52.955 of this title. Any violation of Chapters 6.64 and 6.65 and of Section 17.52.955 shall constitute a violation of this title.

(Ord. 2004-97, § 3)

17.52.960 - Service stations.

The regulations set forth in this and the following sections shall apply to the operation of a facility for the refueling and lubrication of motor vehicles. Two types of facility are recognized in the district regulations: One, more restricted and herein designated as a service station Type A, and the other less restricted and herein designated as a service station Type B. Wherever a service station of either type is located adjacent to or opposite any R district, all exterior lighting shall be so installed as to be directed away from such R district. Along any boundary of a service station site which abuts any property in any R district, there shall be a solid masonry wall, a fence or a compact evergreen hedge, having a height equal to the maximum permitted under Section 17.52.430.

(Prior gen. code § 8-65.0)

(Ord. No. 2010-71, § 90, 12-21-10)

17.52.970 - Service station Type A.

Wherever a service station Type A is permitted by the district regulations, a service station Type B shall be deemed to be excluded. Every service station Type A shall be subject to the following limitations and requirements:

The building site shall have an area not less than ten thousand (10,000) square feet, with an effective lot frontage on at least one street, not less than one hundred twenty (120) feet;

The lot coverage, calculated as provided in Section 17.52.380 shall not exceed twenty (20) percent;

No building shall be less than forty (40) feet from any street line;

All operations except those related to the actual refueling process, shall be conducted within a building;

There shall be provided, and maintained with planting a strip not less than six feet wide along all lot lines abutting any property in an R district.

(Prior gen. code § 8-65.1)

17.52.980 - Service station Type A—Accessory uses.

Uses accessory to service station Type A may include minor servicing of brakes and electrical equipment, the focusing of headlamps by adjustment, battery changing and the cleaning, adjustment and replacement of lights, spark plugs, distributor points and fan belts. The following accessory uses are prohibited: sale of any alcoholic beverage; repair or reconditioning of the chassis, the engine, the body or the fenders of a motor vehicle; battery repair or rebuilding; valve grinding; welding, tire recapping; body painting; steam cleaning; car washing with mechanical equipment; upholstery repair or replacement; or the display outside a building of used vehicles, parts, parts of vehicles or tires for sale.

(Prior gen. code § 8-65.2)

17.52.990 - Service station Type B.

Wherever a service station Type B is permitted by the district regulations, the uses and restrictions set forth in Sections 17.52.970 and 17.52.980 are modified to the following extent: accessory uses may also include services and repair facilities not prohibited by the general regulations of the district within which the station is located; provided, however, such accessory uses shall not include the sale of any alcoholic beverage.

(Prior gen. code § 8-65.3)

17.52.1000 - Mobilehome parks.

The regulations set forth in this and following sections shall apply to the construction, maintenance and operation of mobilehome parks established after November 30, 1969, and to the expansion of any mobilehome park existing on November 30,1969.

(Prior gen. code § 8-70.0)

17.52.1010 - Mobilehome parks—Building site.

All mobilehome parks shall be on a building site having an area not less than five acres and a median lot width not less than three hundred (300) feet.

(Prior gen. code § 8-70.1)

17.52.1020 - Mobilehome parks—Density.

Except as otherwise provided in a combining district or specific plan, the number of dwelling units permitted on a building site in a mobilehome park shall not exceed the number obtained by dividing the area in square feet of the building site by five thousand (5,000), disregarding any fraction.

(Prior gen. code § 8-70.2)

(Ord. No. 2012-58, § 19, 4-10-12)

17.52.1030 - Mobilehome parks—Mobilehome sites.

Mobilehome sites shall have a minimum area of two thousand five hundred (2,500) square feet and a minimum width of thirty-five (35) feet.

(Prior gen. code § 8-70.3)

17.52.1040 - Mobilehome parks—Utilities.

All utilities within the mobilehome park boundaries shall be underground.

(Prior gen. code § 8-70.4)

17.52.1050 - Mobilehome parks—Common areas.

There shall be provided within the park a minimum of three hundred (300) square feet of common area for each mobilehome site. This area shall be divided in appropriate amounts for recreation areas and buildings, storage areas and utility areas with the recreation area provided at not less than two hundred (200) square feet per site. The common areas shall have a minimum width of ten feet and shall include no portion of the required front yard, roadways, parking areas, mobilehome sites or areas with a ground slope exceeding twenty (20) percent.

(Prior gen. code § 8-70.5)

17.52.1060 - Mobilehome parks—Fencing.

The perimeter of the mobilehome park shall be surrounded by a fence equal to the height permitted by Section 17.52.430.

(Prior gen. code § 8-70.6)

(Ord. No. 2010-71, § 91, 12-21-10)

17.52.1065 - Mobilehome parks—Parking.

Pursuant to Section 17.52.910 (Parking spaces required—Residential buildings), every mobilehome site shall have two parking spaces. A mobilehome park shall also provide one parking space for every ten (10) mobilehome sites.

(Ord. No. 2012-58, § 20, 4-10-12)

17.52.1070 - Recreational vehicle parks.

The regulations set forth in this and following sections shall apply to the construction, maintenance and operation of recreational vehicle parks.

(Prior gen. code § 8-71.0)

17.52.1080 - Recreational vehicle parks—Building site.

All recreational vehicle parks shall be on a building site having an area not less than two acres and a median lot width not less than one hundred fifty (150) feet.

(Prior gen. code § 8-71.1)

17.52.1090 - Recreational vehicle parks—Recreational vehicle site.

Recreational vehicle sites shall have a minimum area of eight hundred (800) square feet and a minimum width of sixteen (16) feet.

(Prior gen. code § 8-71.2)

17.52.1100 - Reserved.

Editor's note— Ord. No. 2021-56, § 4, adopted December 21, 2021, repealed § 17.52.1100, which pertained to mobile outdoor businesses and derived from Ord. No. 2008-33 and Ord. No. 2010-71, adopted December 21, 2010.

17.52.1110 - Tents and canopies—Intent.

The intent of this section is to set standards for tents and canopies to ensure that they are maintained in good condition and do not contribute to neighborhood blight, and to control their use as coverings or shelters for exterior residential purposes, assemblies, or commercial activities.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1115 - Exceptions.

The provisions of Sections 17.52.1110 and 17.52.1120 through 17.52.1150 shall not apply to:

Tents or Canopies used for permitted agricultural uses; or

Tents or canopies otherwise permitted pursuant to a conditional use permit, planned development permit, site development review for a principal use or structure, variance, or as otherwise permitted by this chapter.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1120 - Tents and canopies—Restrictions.

Tents and canopies shall be subject to the following restrictions, unless otherwise permitted pursuant to Sections 17.52.1115:

All tents or canopies shall meet all fire department standards.

All tents or canopies shall be maintained in good condition, including free of rips or tears.

All tents or canopies shall be securely anchored to the ground or to a structure that is anchored to the ground at all times.

At such time as a tent or canopy is removed the frame and all supporting members shall be removed as well.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1125 - Tents and canopies—Additional restrictions.

Tents and canopies located on properties in those portions of the county subject to the east county area plan or measure D, or located on properties that are zoned agriculture (A) or in a planned development (PO) zoning district based on the agriculture zoning district, shall be subject to the following additional restrictions, unless otherwise permitted pursuant to Sections 17.52.1115 or 17.52.1130:

A tent or canopy installed for a non-agricultural or non-residential use shall not remain erected for more than twelve (12) days out of any thirty (30) day period.

A tent or canopy installed for a non-agricultural use shall cover no more than four hundred (400) square feet in total aggregate area.

A tent or canopy shall not be located within a required setback.

A tent or canopy used to cover a vehicle shall be located in the rear half of the residential building envelope.

For the purposes of determining thirty (30) days as required by Section 17.52.1125(A)(1), a full 30-day period shall need to elapse upon removal of the tent or canopy.

Tents and canopies located on properties that are not in those portions of the county subject to the east county area plan or measure D, or not located on properties that are zoned agriculture (A) or in a planned development (PO) zoning district based on the agriculture zoning district, shall be subject to the following additional restrictions, unless otherwise permitted pursuant to Section 17.52.1115 or 17.52.1140:

A tent or canopy shall not be taller than ten feet.

A tent or canopy shall cover no more than two hundred (200) square feet in horizontal area, nor more than twenty (20) percent of the rear yard area, whichever is less. This limitation shall be aggregate of all tents and canopies on any single lot.

A tent or canopy shall not be located within five feet of a side or rear property line.

A tent or canopy shall be located within the rear half of the lot.

A tent or canopy shall not be located within a required front or street side yard.

17.52.1130 - Tents and canopies—Administrative conditional use permits.

In those portions of the county subject to the east county area plan or measure D, or located within an agriculture (A) zoning district, or a planned development (PD) zoning district based on the agriculture zoning district, an administrative conditional use permit subject to the provisions of Section 17.52.490 is required for all tents or canopies provided for shelter or cover of persons for assemblies or commercial activities not requiring a conditional use permit, planned development permit, site development review, or variance, and that are installed for twelve (12) days or more out of any thirty (30) day period or are larger than four hundred (400) square feet in total aggregate area. On any parcel or adjacent parcels under common ownership or control, no such administrative conditional use permit shall be granted for a period greater than twelve (12) consecutive days out of any thirty (30) day period, nor shall more than six (6) such administrative conditional use permits be granted in any twelve (12) consecutive month period.

Notwithstanding the above, the planning director may grant a master administrative conditional use permit for a period not to exceed one calendar year for a greater number of events, up to a maximum of nine events per calendar year provided no event period allows for more than twelve (12) consecutive days out of any thirty (30) day period. The master permit may be approved provided that the applicant submits and the planning director approves a specific calendar of events. The planning director shall have discretion to approve, approve with modifications, or deny any such master administrative conditional use permit. The planning director's decision may be appealed pursuant to Section 17.54.670.

The planning director may vary the provisions of section 17.52.1125(a), through the administrative conditional use permit, upon a finding that it would be consistent with the intent stated in Section 17.52.1110 and standards stated in Section 17.52.1135.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1135 - Tents and canopies—Administrative conditional use permit standards.

Any administrative conditional use permit pursuant to Section 17.52.1130 shall ensure the following:

That the proposed tent or canopy meets all fire department standards;

That the proposed tent or canopy is located so as to minimize visual and other impacts on adjacent properties;

That the proposed tent or canopy is located such that it does not interfere with traffic flow or parking.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1140 - Tents and canopies—Site development review for accessory structure.

In addition to the requirements of Sections 17.52.1120 and 17.52.1125B, a site development review is required for all tents and canopies located on properties that are not in those portions of the county subject to the east county area plan or measure D, or not located on properties that are zoned agriculture (A) or in a planned development (PD) zoning district based on the Agriculture zoning district, and located in any C district, any PD district based on any C district, or any area of a specific plan designated for commercial uses. This requirement shall not apply to proposals for tents or canopies that are not otherwise part of a discretionary review permit.

The planning director may vary the provisions of Section 17.52.1125(B), through the site development review, upon a finding that it would be consistent with the intent stated in Section 17.52.1110 and standards stated in Section 17.52.1145.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1145 - Tents and canopies—Site development review for accessory structure standards.

Any site development review pursuant to Section 17.52.1140 shall ensure the following:

That the proposed tent or canopy meets all fire department standards;

That the proposed tent or canopy is located so as to minimize adverse visual and other impacts on adjacent properties;

That the proposed tent or canopy is located such that it does not interfere with traffic flow or parking, and that the event for which it is approved does not cause traffic or parking impacts beyond the property lines;

That the event for which the tent or canopy is approved meets all county department of environmental health requirements, as applicable;

That the event for which the tent or canopy is approved meets all county building inspection department requirements, as applicable;

That the event for which the tent of canopy is approved meets all sheriff's department requirements, as applicable;

That the event for which the proposed tent or canopy is approved is limited to hours that are consistent with the surrounding area, as applicable; and

That the event for which the proposed tent of canopy is approved minimizes impacts, including but not limited to noise, dust, glare and light pollution, or odors on adjacent properties, as applicable.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1150 - Tents and canopies—Notice.

Prior to approval of any administrative conditional use permit under Sections 17.52.1130 and 17.52.1135 or site development review under Sections 17.52.1140 and 17.52.1145, the planning director shall notify adjacent property owners and residents of the application and give them no less than ten days to comment on the application. No public hearing is required; however the planning director, in his or her sole discretion, may hold a public hearing prior to taking action on the application. Where the planning director holds a public hearing under this section, the provisions of Section 17.54.650 shall not apply.

(Ord. No. 2010-7, § 4, 2-9-10)

17.52.1160 - Standards for emergency shelters—Purpose.

The purpose of this section is to establish the development standards for emergency shelters.

(Ord. No. 2012-58, § 21, 4-10-12)

17.52.1165 - Emergency shelter—Regulations.

Emergency shelters shall be subject to the following regulations and development standards:

An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from county and state agencies or departments. An emergency shelter shall comply with all county and state health and safety requirements for food, medical, and other supportive services provided on-site;

No Emergency shelter facility shall have more than sixty (60) beds;

Each resident shall be provided a minimum of fifty (50) gross square feet of personal living space, not including space for common areas;

Bathing facilities shall be provided in quantity and location as required in the California Plumbing Code (Title 24 Part 5), as amended, and shall comply with the accessibility requirements of the California Building Code (Title 24 Part 2), as amended;

No individual or family shall reside in an emergency shelter for more than one hundred eighty (180) consecutive days;

The operation of buses or vans to transport residents to or from off-site activities shall not generate vehicular traffic substantially greater than that normally generated by residential activities in the surrounding area, to the satisfaction of the planning director;

The on-street parking demand generated by the facility due to visitors shall not be substantially greater than that normally generated by the surrounding residential activities, to the satisfaction of the planning director;

Arrangements for delivery of goods shall be made within the hours that are compatible with and will not adversely affect the livability of the surrounding properties;

The facility's program shall not generate noise at levels that will adversely affect the livability of the surrounding properties, and shall at all times maintain compliance with the county noise ordinance;

Onsite management shall be provided twenty-four (24) hours a day, seven days per week. All facilities must provide a management plan to the satisfaction of the planning director that shall contain policies, maintenance plans, intake procedures, tenant rules, and security procedures;

The facility is no closer than three hundred (300) feet from other emergency shelters unless findings can be made that such an additional facility would not have a negative impact upon residential activities in the surrounding area;

On-site parking shall be provided in accordance with Section 17.52.910;

The facilities shall provide exterior lighting in the parking lot, on building exteriors, and pedestrian accesses. All exterior lighting shall be down-cast and shall not illuminate above the horizontal. No light source shall be exposed above the horizontal, nor visible from neighboring residential use properties;

Required yards shall conform with the R-4 zoning district yard requirements;

A waiting and client intake area of not less than one hundred (100) square feet shall be provided inside the main building; and

Violations of this section shall be subject to enforcement, penalties and abatement under Chapters 17.58 and 17.59 of this title.

(Ord. No. 2012-58, § 22, 4-10-12)

17.52.1170 - Title.

This section and the following sections shall be known as the unattended collection box ordinance of Alameda County.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1180 - Purpose and intent.

The purpose of the ordinance from which these sections were derived is to regulate the placement of unattended collection boxes within unincorporated Alameda County. The procedures and requirements of this chapter are enacted to:

Promote the community's health, safety, and welfare by regulating unattended collection boxes for clothing or other salvageable personal property within the county.

Ensure that unattended collection boxes do not pose a hazard to pedestrian and vehicular traffic.

Ensure that material is not allowed to accumulate outside of the unattended collection boxes where it can be scattered by adverse weather conditions, animal contact, or human activities;

Establish criteria that avoid attracting vermin, unsightliness, and public health or safety hazards.

The ordinance from which these sections were derived shall also apply to parcels within a specific plan.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1190 - Definitions.

"Permittee" means the property owner who has been issued a permit authorizing the placement of an unattended collection box.

"Property owner" means the person, entity, association, or organization who owns the real property where the unattended collection box is proposed to be located.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1200 - Permits.

It shall be unlawful and a public nuisance to place, operate, maintain or allow unattended collection boxes on real property unless the property owner first obtains a conditional use permit pursuant to this chapter and sections 17.54.130 (Conditional uses), 17.54.140 (Conditional uses—Action), 17.54.150 (Conditional uses—Changes and renewals), 17.54.160 (Conditional uses—Combined applications), 17.54.170 (Conditions), 17.54.180 (Prior uses), and 17.54.190 (Conditional uses—Effective date) of the Alameda County General Ordinance Code and the unattended collection box is placed, operated, and maintained in accordance with all provisions in this chapter.

The permit application shall be made on a form provided by the county and shall include the following information:

The name, address, e-mail, website (if available) and telephone number of the operator.

The text of the disclosures that will be made on the unattended collection box as required in Section 17.52.1230(A)(3) and (A)(4).

The physical address of the property owner's real property and a drawing sufficient to indicate the proposed location of the unattended collection box on the property owner's real property, as well as the size of the proposed unattended collection box, and consent of the property owner to place the unattended collection box on its real property.

Reserved.

The county shall not issue a permit unless:

The applicant has submitted a complete and accurate application accompanied by the applicable fee.

Written consent of the property owner is provided.

The proposed location and placement of the unattended collection box on the Property Owner's real property is in compliance with all applicable laws.

A permit issued hereunder shall be valid for one unattended collection box. A second unattended collection box may be approved only if the following findings are made:

The daily collection of items from the unattended collection box fails to provide adequate overflow abatement.

The volume of materials collected daily, and for a period no less than thirty (30) days, would exceed the internal capacity of an unattended collection box that is eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep.

The additional unattended collection box could be placed in accordance with Section 17.52.1220.

No permittee shall transfer, assign, or convey such permit to another party.

If approved, a permit for an unattended collection box shall be for a term not less than three years.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1210 - Renewal of permits.

A permittee may apply for permit renewal by submitting to the county a renewal application and a deposit in an amount set by resolution of the board of supervisors before the expiration of the permit.

The county may renew the permit if no circumstances existed during the term of the permit, at the time of submission of an application for renewal, or at any time during the review of the application for renewal, that are inconsistent with any finding required for approval of a new permit as specified in Section 17.52.1200 or that would justify the revocation of the permit as specified in Section 17.52.1240.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1220 - Modification of permits.

If during the term of the permit, a permittee desires to change the operator of the unattended collection box, would like to change the location of the unattended collection box or would like to place an second unattended collection box, the permittee may request a modification to the permit by submitting to the county an application and a deposit in an amount set by resolution of the board of supervisors.

The county may approve the modification if no circumstances existed during the term of the existing permit, at the time of submission of an application for modification, or at any time during the review of the application for modification, that are inconsistent with any finding required for approval of a new permit as specified in Section 17.52.1200 or that would justify the revocation of the permit as specified in Section 17.52.1240.

The in-kind replacement of an unattended collection box, that is operated by the same vendor and is positioned at the same location on the parcel as the previous unattended collection box placed in accordance with this chapter, shall not constitute a modification of a permit.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1230 - Requirements and maintenance.

The permittee shall be responsible for operating and maintaining, or causing to be operated and maintained all unattended collection boxes located in the unincorporated Alameda County as follows:

Unattended collection boxes shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti.

Unattended collection boxes shall be locked or otherwise secured.

Unattended collection boxes shall contain the following contact information in two-inch font visible from the front of each unattended collection box: The name, address, e-mail, and phone number of the person(s) responsible for maintaining the unattended collection box.

The front of every unattended collection box shall display conspicuously a statement in at least two-inch font that either reads, "this collection box is owned and operated by a for-profit organization" or "this collection box is owned and operated by a nonprofit organization." For purposes of this chapter, a commercial fundraiser shall be classified as a for-profit organization.

If the unattended collection box is owned by a nonprofit organization, the front of the unattended collection box shall also display conspicuously a statement describing the charitable cause that will benefit from the items collected.

If the unattended collection box is owned by a for-profit entity, the front of the unattended collection box shall also conspicuously display a statement that reads, "this collection is not tax deductible." If the unattended collection box is owned and operated by a commercial fundraiser, the commercial fundraiser may post notice of collections to a charitable cause only on the sides of the box. This notice shall always be smaller in size than the for-profit entity's name and address and shall constitute only twenty-five (25) percent of the notice space of the box.

Unattended collection boxes shall be serviced and emptied as needed, but at least every forty-eight (48) hours.

Unattended collection boxes shall be no more than eighty-two (82) inches high, fifty-six (56) inches wide and forty-nine (49) inches deep.

Unattended collection boxes shall be marked clearly to identify the type of material to be deposited.

Unattended collection boxes shall be free of any advertising which is unrelated to the business of the operator of the unattended collection box.

Unattended collection boxes shall remain only in the exact location for which they have been permitted and may not be moved unless the box is entirely removed from the property or replaced with an identical box in the same location.

10.

Unattended collection boxes shall be located in a well lit area.

11.

Unattended collection boxes shall be subordinate to the principal use of the property.

The permittee shall be responsible for maintaining or causing to be maintained a ten-foot area surrounding the unattended collection box. This area shall be free of any junk, garbage, trash, debris, or other refuse material as defined in Chapter 6.65 of the Alameda County Ordinance Code.

The permittee shall be responsible for abating and removing all junk, garbage, trash, debris, and other refuse material as defined in Chapter 6.65 of the Alameda County Ordinance Code within the ten-foot area surrounding the unattended collection box within twenty-four (24) hours of written notice from the county.

The permittee shall be responsible for all costs for abating and removing any junk, garbage, trash, debris and other refuse material as defined in Chapter 6.65 of the Alameda County Ordinance Code from the area surrounding the unattended collection boxes.

It shall be unlawful for any party to place an unattended collection box in any district or any adopted specific plan area; provided, however, that the county may approve a permit for an unattended collection box on a parcel with a community facility as defined in Chapter 17.04 of the Alameda County General Ordinance Code.

Unless a second unattended collection box has been permitted by the county, no unattended collection box shall be placed within two thousand five hundred (2,500) feet of another unattended collection box.

No unattended collection box shall be placed in required parking spaces, required landscaping, setbacks, or the public right of way as defined in Title 17 of the Alameda County General Ordinance Code.

No more than one unattended collection box shall be placed on each parcel of real property. If daily collection of items from this the box does not provide adequate overflow abatement, a permittee may apply for one additional box to relieve this issue as provided in Sections 17.52.1200 and 17.52.1220.

The permittee shall provide information to the county regarding the quantity and type of materials collected from an unattended collection box. The permittee shall also specify the quantity and type of materials collected from the box that have been recycled, reused or discarded as waste. This information shall be provided annually and be submitted in the manner specified by the planning director.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1240 - Revocation of permit.

The board of zoning adjustments shall have the right to revoke any permit issued hereunder if any of the grounds to refuse issuance of the initial permit exists. In addition, the failure of the permittee to comply with the provisions of this chapter, or other provisions of this code or other law, shall also constitute grounds for revocation of the permit. The county shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the unattended collection box shall be removed from the permittee's real property within thirty (30) calendar days and if not removed within this time period the county may remove and dispose of the unattended collection box at the permittee's sole cost and expense.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1250 - Removal of unattended collection boxes and liability.

Upon discovering the existence of unattended collection box on private property within the county lacking the required permit, the planning director or designee shall have the authority to cause the abatement and removal thereof in accordance with the procedure outlined in Chapter 17.59 (Abatement).

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1260 - Removal of an unattended collection boxes by the property owner.

A property owner who causes the removal of an unattended collection box shall send a written notice of removal to the address that is conspicuously displayed on the front of every unattended collection box pursuant to Section 17.52.1230. That notice shall be mailed within five days of removal and include the current location of the box. This paragraph shall not apply if no address appears on the front of the unattended collection box.

Except as provided in subsection C, a property owner shall not have immunity from civil liability if he or she has given written consent for the unattended collection box to be placed on the private property.

An owner of property who has given written consent for the placement of an unattended collection box on their property may rescind his or her consent by providing written notice of the rescission to the collection box owner or operator. For purposes of this subdivision, consent shall be deemed rescinded ten calendar days after the owner of private property deposits a written notice of rescission in the United States mail, postage prepaid, addressed to the address displayed on the unattended collection box pursuant to Section 17.52.1230.

A property owner who causes the removal of an unattended collection box to a storage facility, or otherwise disposes of an unattended collection box, despite valid written consent from the property owner at the time of removal, shall be civilly liable to the owner or operator of the unattended collection box for four times the amount of the towing and storage charges, or one thousand dollars ($1,000.00), whichever is higher.

Subsection D shall not apply to make a person liable for removal of an unattended collection box where removal is necessary to comply with enforcement of applicable permitting, zoning, or other local ordinances.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1270 - Appeals.

Appeals shall be handled in accordance with Section 17.54.670 of this code.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1280 - Violations.

Any violation of the provisions of this section is a public nuisance and shall be subject to enforcement remedies, penalties, and abatement provided by Chapters 6.65, 17.58 and 17.59 of the Alameda County General Ordinance Code.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1290 - Implementation and construction.

The provisions of this chapter shall apply to all unattended collection boxes located within unincorporated territory of the county as of the effective date of the ordinance which these sections were derived. All property owners of parcels on which unattended collection boxes exist as of the effective date of the ordinance which these sections were derived shall have sixty (60) days from that date to file a permit application as provided for in this chapter.

Nothing in the ordinance which these sections were derived is intended to diminish or otherwise alter the requirements of any other federal, state, or municipal law governing regulation of unattended collection boxes.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1300 - Exemption.

Unattended collection boxes located entirely within the interior of a building are exempt from the requirements of this chapter.

(Ord. No. 2013-26, § 10, 7-16-13)

17.52.1310 - Auto repair uses in Castro Valley.

Applicability. The regulations set forth in this section apply to auto repair uses, as well as any other use, such as auto dealerships or service stations, that perform auto servicing and repair as an accessory activity, within Castro Valley (areas within the Castro Valley Urbanized Area) and located directly adjacent to, or across the street from, a residential zone district.

Discretionary Review.

An existing auto repair use may be expanded with approval by the planning director if total alterations result in no more than twenty (20) percent increase in the existing floor area of all buildings on a lot or lots.

If total alterations to an existing auto repair use are greater than a twenty (20) percent increase in the existing floor area the application is subject to a conditional use permit.

Operating Requirements.

Repair of automobiles must be performed within enclosed buildings only.

Storage or display of a product, trash, parts, all goods for sale, other than those required for the operation and maintenance of automobiles must be in an enclosed building.

Operation within the use must not be detrimental to adjoining properties through the creation of excessive dust, noise, or odor.

Lighting. Exterior lighting must be hooded or shielded so that the light source is not directly visible to an adjacent residential zone district.

Landscaping.

Area. A landscape area, a minimum width of five feet, is required:

Along all street frontages of the lot or lots;

Within any yard adjacent to a residential zone district; and

On the perimeters of all parking areas that abut a residential zone district.

Area Exception. The portion of the lot line where an access driveway is required by the county, as determined by the planning director, is exempt from the landscape area requirement.

Water Efficiency. Landscaping must be consistent with Chapter 17.64 (Water Efficient Landscape Ordinance).

Maintenance. All landscaping, vegetation, and plantings must be maintained in a healthful and thriving condition at all times.

Any damaged, dead, or decaying vegetation must be replaced by the equivalent vegetation of a size, form, and character which will be comparable at full growth.

All landscaping must be adequately and efficiently irrigated. Irrigation systems and their components must be maintained in a fully functional manner.

Site Maintenance. All areas of the site must be maintained free of debris, litter, graffiti or any inappropriate materials at all times. All asphalt, paving, and striping must be maintained in good repair to the satisfaction of the planning director.

Parking and Screening.

Parking area and auto storage space must be screened from view of abutting residential property in compliance with Sections 17.52.410 through 17.52.460.

Long-Term Overnight Parking. Any vehicle, recreational vehicle, towing vehicle, and other similar vehicle associated with auto use must not be parked or stored on-site in the front of the lot overnight for a period of longer than two days in any seven-day period, unless enclosed within a structure, subject to active repair and maintenance by the business, or part of a display approved by the planning director.

On-street parking may not be used to park or store vehicles associated with the use, including but not limited to towing vehicles, recreational vehicles, vehicles that are under repair or waiting for pick up by the customer, or other similar vehicles.

Automobile Sales Prohibited. Parking or storage of vehicles on-site for sales purposes is prohibited.

(Ord. No. 2020-66, § 14, 12-15-20)

17.52.1330 - Day care centers in Castro Valley.

Applicability. This section establishes regulations for day care centers in Castro Valley (areas within the Castro Valley Urbanized Area).

Operating Requirements.

Noise. Facility must limit noise levels from exceeding a LdN level of 55 db at the lot lines.

Hours of operation must be limited to the hours of 6:30 a.m. to 6:00 p.m.

Outdoor play time must be limited to the hours of 7:00 a.m. to 6:00 p.m.

Playground apparatus (swings, jungle gym, etc.) must be located in the rear or side yards only.

Lighting. On-site exterior lighting is allowed for safety purposes only, must consist of low wattage fixtures, and must be directed downward and shielded.

Parking and Screening.

Day care centers must include one parking space per each two employees, one space per company vehicle, and one space for every ten children at the facility.

Parking, Drop-off Area. At least two (2) off-street parking spaces must be provided exclusively for dropping off and picking up children. Alternative parking and drop-off arrangements may be required by the planning director based on traffic and pedestrian safety considerations.

If the driveway is the designated parking area for the day care center, the driveway must remain clear and available for customers during hours of operation.

A center located on a street with a speed limit of thirty (30) miles per hour or greater must provide a drop-off/pick-up area designed to prevent vehicles from backing onto the street (e.g., circular driveway).

All outdoor play area must be screened from view of street and any adjacent property owners through fencing and hedges in compliance with Sections 17.52.410 through 17.52.460.

(Ord. No. 2020-66, § 14, 12-15-20)

17.52.1340 - Community facilities in Castro Valley.

Applicability. The regulations set forth in this section apply to community facilities in Castro Valley (areas within the Castro Valley Urbanized Area).

Additional requirements when located in the C-N districts adjacent to a residential zone district:

Operating Requirements.

Community facility uses must incorporate screening, buffers, and other features to minimize adverse visual or noise impacts of the use on adjacent properties.

Noise. The noise level of activities within community facility uses must not exceed a LdN level of sixty (60) db when measured at the property line that is across the street from or abutting a parcel zoned residential.

Parking and Screening.

Parking in the required front yard is prohibited.

Parking and loading areas must be screened from view of street and adjacent property owners with landscaping or other screening in compliance with Sections 17.52.410 through 17.52.460.

Outside Recreational Areas. All outdoor recreational areas must be screened from view of any adjacent residential uses through fencing and hedges in compliance with Sections 17.52.410 through 17.52.460.

Accessory Uses. In Castro Valley (areas within the Castro Valley Urbanized Area), day care centers are permitted as an accessory use within an existing community facility use, subject to the requirements of Section 17.52.1330 (Day care centers in Castro Valley).

(Ord. No. 2020-66, § 14, 12-15-20)

17.52.1350 - Drive-in businesses in Castro Valley.

Applicability. The regulations set forth in this section apply to drive-in businesses in the C-N districts in Castro Valley (areas within the Castro Valley Urbanized Area).

Operating Requirements.

Noise. Any drive-up or drive-through speaker system shall emit no more than sixty-five (65) decibels and at no time shall any speaker system be audible above daytime ambient noise levels beyond the property lines of the site. The system shall be designed to compensate for ambient noise levels in the immediate area.

Deliveries. All deliveries made to drive-in businesses located on sites adjacent to residential zones must be scheduled during non-commute hours and periods of low activity at the restaurant between 8:00 a.m. and 11:00 a.m. and from 2:00 p.m. to 5:00 p.m.

Drive-in Lanes.

Drive-in lanes that are located less than fifty (50) feet from residential uses must be separated from existing residential uses by buildings, and/or extensively landscaped areas or decorative block walls approved by the Planning director.

Drive-in lanes must be constructed with the necessary vehicle stacking capacity so that vehicles using the drive-in lane do not overflow into the on-site parking aisles, public street right-of-way or public streets.

Drive-in lanes must be shielded in a manner approved by the planning director to eliminate vehicle headlight glare into adjoining land and on-coming traffic approaching the drive-in site property.

Accessways.

Each developed site must not have more than two accessways to any one street except that the planning director shall have the right to prescribe additional requirements if it is deemed necessary that a change in the location and number of accessways will reduce the possibilities of traffic hazards.

Pedestrian access shall be provided from each abutting street to the primary entrance with a continuous four-foot-wide sidewalk or delineated walkway. Pedestrian walkways should not intersect the drive-through drive aisles, but where they do the walkways shall have clear visibility and shall be delineated by textured and colored paving.

Lighting. All lighting or illuminated displays must be designed and maintained in a manner to prevent glare or direct illumination from intruding into any adjacent residential property.

Restroom Locations. All restrooms (if required) must be located in and accessed from the interior of the structure.

Parking and Screening. In addition to the requirements applicable to the zone district in which such use is located must also comply with the following:

On-site parking must be provided for each employee on duty. The peak employment period must be used to determine the number of employee parking spaces.

Drive-in restaurants must provide a minimum of two parking spaces for each one hundred (100) square feet of floor area.

All trash areas must be fully enclosed and constructed of a material which shall be in harmony with the architecture of the building. Provisions for adequate vehicular access to and from such areas for the collection of trash and garbage must be provided.

(Ord. No. 2020-66, § 14, 12-15-20)

17.52.1360 - Parking lots in Castro Valley.

Applicability. The regulations set forth in this section apply to commercial parking lots in the C-N districts in Castro Valley (areas within the Castro Valley Urbanized Area).

Lighting. Lighting of outdoor parking areas must be designed and maintained in a manner to prevent glare or direct illumination from intruding into any adjacent residential property. A minimum of one-foot candle of illumination shall be provided throughout the parking area.

Site Maintenance. The area must be kept free of debris and trash.

Where pedestrian circulation crosses vehicular routes, a crosswalk, speed bumps, or signage must be provided to emphasize the conflict point and improve its visibility and safety.

Parking and Screening.

Parking lots must incorporate screening, buffers, and other features to minimize adverse visual or noise impacts of the use on adjacent properties.

Parking facilities for six or more vehicles must be screened from view by a wall or hedge minimum three feet and maximum five feet tall, except if located adjacent to a residential district wall, or hedge must be a minimum six feet and maximum eight feet tall. The screening must be designed in such a manner to screen the parking from view and must not be closer than five feet to the street lot line.

All new parking lots must be constructed with a landscaped buffer perimeter of no less than two feet.

Overnight parking prohibited.