Ordinance 3009CITY OF ALAMEDA ORDINANCE No. 3009
AMENDING MUNICIPAL CODE SUBSECTION. 3075.14 (BARRIERS AND
FENCES) OF ARTICLE I (ZONING DISTRICTS AND REGULATIONS) OF
CHAPTER XXX (DEVELOPMENT REGULATIONS) SY ADDING
SUBSECTION 30-5.14. e TO REQUIRE ADMINISTRATIVE. USE
PERMITS IN NON-RESIDENTIAL DISTRICTS FOR TEMPORARY OR
PERMANENT BARRIERS OR FENCES WITHIN A REQUIRED SETBACK
NINNs%
OR ALONG A PROPERTY LINE THAT FACES.A PUBLIC STREET OR A
PUBLIC ACCESS EASEMENT
WHEREAS, the Alameda Municipal Code (AMC) does not .adequatel re
the construction of fences and barriers in commercial and industrial zones and
WHEREAS, the visual and aesthetic q ualit y of commerci and. industrial
properties is .critical to main t ainin g propert va.lues in these. areas.and m a
successful business environment; and
:WHEREAS, the historic. Alameda commercial districts and the appearance of
these districts is critical to the economic health.of the commu and.
WHEREAS, construction of.an inappro p riate or poorl desi .fence can n have
ne effe on adjacent properties in a business area a
WHEREAS, vacant commer properties must be carefull mana to ensure
that the do not.result...in ne a ffects. on nei properties and
WHEREAS, the proposed zonin text amendment is necessar to ensure that
temporar or permanent fences.and barriers -constructed within the commercial and
retail districts do no inhibit achievement of:General- Plan. g oals for a walkable,
pleasant,
commerciall vital, visuall appealin commercial districts and
WHEREAS, the proposed zonin text. amendment will ensure that.inappropriate
fences and barriers will not be built. adjacent to the. public ri of w commercial ercial and
industrial areas; and
WHEREAS the pr o posed z oni ng amendment is e in that it established a
are not har m
process to ensur t hat all fences and barriers in non-residential areas ful or
detrimental to the.area or adjacent properties; and
WHEREAS, the Alameda. Plannin Board has held public hearin and
recommended adoption of the proposed amendment to the Cit Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES
ORDAIN AS FOLLOWS:
Section 1 Ordinance Adoption Subsection 30 -5.14 Barriers and Fences of
Article I (Zoning Districts And Regulations) Of Chapter XXX (Development Regulations)
is hereby amended to add new subsection 30.5.14 e to read as follows:
e. Non Residential Fences.
On non residentially developed or zoned properties, any permanent or temporary
barrier which is visible from a public right of way or public access easement, shall
require an Administrative Use Permit pursuant to section 30 -21.4 unless such
barrier is included as part of a Use Permit governing the greater use of the
property, a Development Plan approved pursuant to a Planned Development
zoning, or a Design Review approval or unless the fence is required to address
health or safety concerns caused by fire or other. natural disaster for not more
than 30 days. Barriers of chain link or similar material shall be screened, and all
barriers shall provide adequate access for safety and emergency personnel.
Administrative Use Permits for temporary fences shall be conditioned to require
removal of the fence in six months. Requests for extensions to the six -month
terra shall require a Use Permit approved by the Planning Board.
Section 2. Severability Clause. It is the declared intent of the city council of
Alameda that if any section, subsection, sentence, clause, phrase, or proyision of this
ordinance is held invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not be so construed as to render invalid or
unconstitutional the remaining provision of this ordinance.
Section 3. All former ordinances or parts thereof conflicting or inconsistent with
the provisions of this ordinance hereby adopted, to the extent of such conflict only, are
hereby repealed.
Section 4. This ordinance and the rules, regulations, provisions, requirements,
orders, and matters established and adopted hereby shall take effect and be in full force
and effect from and after the expiration of t y (30) days from the date of its final
passage.
M
0'residin Offi(er
Attest:
Lara Weisiger, City Clerk
City of Alameda
1, the undersigned, hereby certify that the foregoing ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 3 rd day of November, 2009 by the followin g vote to wit:
AYES: Councilmembers del -lawn, Gilmore, Matarrese, Tangy,
and Mayor Johnson 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, l have hereunto set my hand and affixed the official seal of
said City this 4th day of November, 2009.
Lara Weisiger, City Cler
City of Alameda