Ordinance 3027CITY OF ALAMEDA ORDINANCE NO. 3027
New Series
AMENDING CHAPTER 111, ARTICLE 11, SECTIONS 30-36, 30-37, AND
30-6 OF THE ALAMEDA MUNICIPAL CODE TO IMPROVE THE
DESIGN REVIEW AND SIGN ORDINANCE PROVISIONS FOR THE
CITY OF ALAMEDA
BE IT ORDAINED by the City Council of the City of Alameda:
Findings.
In enacting this Section, the City Council finds as follows:
1 The amendments maintain the integrity of the General Plan The proposed
zoning text amendments are necessary to ensure that design review can
be uniformly and efficiently processed and assist staff in attaining General
Plan goals to develop a protection of Alameda's historic neighborhoods
and small town character as stated in the City's Design Element. The
proposed amendments will also simplify and improve the design review
process in Alameda and provide relief for property owners who are
required to delay construction on approved projects.
2. The amendments will support the general welfare of the community. The
proposed zoning text amendments will require that all exterior changes
are subject to Design Review, unless exempt, ensuring compliance with
the Residential and Commercial Design Guidelines. The amendments
also provide relief to property owners that may have been required to
delay construction due to the worldwide economic downturn by not
requiring them to pay for renewing permits.
3. The amendments are equitable. The proposed zoning amendments are
equitable in that they establish consistent noticing and appeal procedures
for all property owners. The proposed zoning amendments are also
equitable in that they establish consistent expiration and extension
requirements for all design review projects, irrespective of whether they
are joined with a variance or use permit.
Section 1. Section 30-36 of the Alameda Municipal Code is hereby
amended to read as follows:
30-36 DESIGN REVIEW PROCEDURE.
30-36.1 Design Review Staff.
The review of applications required by this article shall be made by the Planning
Staff designated by the Planning Director. In those instances where the Planning
Director believes an application will generate significant public interest, o-r involve
policy issues, or require other ent by mer is to be reviewed by the Zoning
Administrator or Planning Board, the Planning Director ma-y shall refer the
application to either the Zoning Administrator or the Planning Board for review
and action.
30 -36.2 Notice.
At least ten 10) days before final a-fa-pi ova decision by the Planning Director of
on a Major Design Review application, a notice shall be sent to the owners of
property located within one hundred (100') feet of the property line of the
applying property and prominently posted on the project site regarding the
application and the opportunity to comment on the proposed design. Public
comments ma be submitted to the Plannin • De .artment within ten 10 calendar
days of the date of the notice. No hearings on Major Design Review
applications are required; however, the Planning Director may refer an
application to hearing as provided for in subsection 0 -36.1. Applications referred
to the Zoning Administrator or Planning Board shall be noticed in conformance
with Zonin. Administrator or Plannin . Board noticin. •rocedures.
30 -36.3 Notice of Decision.
Final action on a Design Review shalt be made in writing listing any conditions of
approval. A copy of the action shall be mailed to the applicant, provided to the
fibers of the Planning Board at the next regularly scheduled meeting, and to
any person or interested party that who has requested notice. The date of the
final action shall be the date the action Notice of Decision is postmarked is
30-36.4 Appeals and calls for Review.
Any person dissatisfied with a decision of the Planning Director may file an
appeal to the Planning Board within ten (10) calendar days from the date the
Notice of Decision, pursuant to subsection 30 -36.3, is mailed The appeal shall
be made in writing and filed with the Planning Department Failure to file a timely
appeal shall result in a waiver of the right to appeal. The appeal shall state in
detail the factual basis for the appeal. Appeals shall be heard pursuant to Section
30-25. The decision of the Plannin. Director ma be called for review •ursuant
to Section 30 -25.
Section 2. Section 30 -37 of
amended to read as follows:
he Ala
eda Municipal Code is hereby
3o--37 DESIGN REVIEW REGULATIONS.
30 -37.1 Definitions.
property.
a. Addition: For the purposes of this chapter;, the creation of any new portion of a
building which results in a vertical or horizontal extension of the building visible
from the outside of the building.
b. Alteration: For the purposes of this chapter, the exterior modification, including
but not limited to an addition; removal and/or modification of windows, doors
roofing, siding or visible part of foundation of any structure main or accessory
structure that requires a building permit.
c. Architectural St le. The characteristic form and detail of buildings from a
particular historical period or school or architecture, e.g., Post Modern, Neo-
Traditional, Spanish - Mediterranean.
d Building: Any enclosed structure having a roof and supported by columns or
walls.
e. b. Improvements : Construction of a structure, an addition, or
alteration to the exterior of a structure affixed to real property, which requires a
building permit.
subsection 30 37.2a.
subsection 30- 37.2b.
outwardly appear unchanged from the original.
f. Replacement -in -Kind: Replacement of any architectural element which is
identical to the original element in terms of location, size, and shape; and is
made of materials that outwardly have the same dimensions, proportions, details,
and textures of the original architectural element and that outwardly appear
unchanged from the original architectural style. If the original design of a
structure and /or element is removed or altered or if the original design elements
are not known, the replacement element(s) shall be consistent with the
structure's original architectural style as set forth in the City of Alameda Design
Review Manual.
g. Structure: Anything constructed or erected, the use of which requires location
on the ground or attachment to something having location on the ground. A
building is a Structure for the purposes of this Section.
30 -37.2
rovements sub'ect to Desi ■ n Review.
and Exemptions.
a.
!r
1.1 .
•
Des'
•
n Review a
i0
royal unless s
•
eci fl ca
. Alt improvements require
e em•t •ursuant to 30- 37:2.b.
0- 37.2c,
CT b. Exempt l m prove me nts.
1. Interior Improvements,
2. Replacement-in-kind provided that any structure being replaced is less
than 220 square feet in size and not a main structure;
3. Skylights-Any improvement that does not require a building permit
pursuant to the Building Code;
4. Fences,
5. Restoration of an original architectural element{ consistent with
architectural style of structure at the time of construction or in cases
where the entire architectural st le cif a buildin has been corn letel
renovated into a new style, the new element shalt be consistent with
the new architectural st le as set forth in the Desi • n Review Manual.
6. Reroofing, when no structural alteration will take place;
7. addition or improvement that meets all of the followinQcriteria
A. The gross floor area of the improvement is less than 220
square feet, and,
B. The inn •roement is a one sto accesso structure or the
improvement is located on the first story as defined b
Building Code, and;
C. The improvement is located in the rear yard area, the
ovement is in cony • fiance with all a • .l'cable lot covera e
[cable zonin
the
o•en s ■ace and setback re
ui re me nts of the a
district, and;
D. The improvement includes exterior materials, architectural
detailin• roof itch and desi • n, windows, and doors that are a
visual match o the existing, or if the structure or element has
been previously modified, original design of the structure at the
time of construction.
8. Foundation work;
9. New or refaced signs, regulated under Section 30-6 with approved sign per its
and si . ns that meet the re # uirements of an a • ' roved si # n • ro . ram.
10.
11. New awnings that meet all of the following criteria:
A. Is covered in an o • a ■ ue non - • loss fade and fire resistant
fabric material, and;
B. Matches the all. nment and sha •e of an existin. awnin • on
the same level of the building; if consistent with other criteria,
and
C. Does do not cover transom windows or extend more than
six inches (6") beyond the perimeter of a window, door or other
opening, and;
D. Is not .laced over •hastens columns or other ' rominent
vertical elements, and
B. Provides a minimum of ei• ht feet 8' of vertical clearance
for framed portions and seven feet 7") for any unframed
valances, and
F. Exhibits a slanted or, if over arched windows or individual
upper floor windows, a domed shape, and;
G. Is not internally illuminated, and;
H. Has all required encroachment permits.
12. Awnin s with a s'royal b the Cit of Alameda Fa ade Im arove rr ent
Program
13. Docks which comply with -the standards of the Alameda Municipal
Code. established City standards.
14. Chanies to an existing barking lot provided that the lot is not visible
from the . ublic ri■ ht of wa and the number of .arkin. s'aces or the area
of landscaping are not being reduced
15. New solar collections systems or skylights.
16. Second units consistent with development regulations of Section 30-
4.'l.
0-37.3 Applications for Design Review.
a. Any person or entity proposing to construct or locate within the City any
improvement subject to Design Review, shall file an application for review of the
project.
b The form of the Design Review applications shall be as required by the
Design Review Staff, and shall be accompanied by architectural and site
development drawings, drawn to scale and shall include all information
specified on- in the application form.
c. Design Review Staff may require additional information from applicants
which is pertinent to the application necessary to evaluate the project.
30-37.5 Requirements Findings.
To grant Design Review approval, the following findings must be made:
a. The proposed design is consistent with the General Plan, Zoning Ordinance,
and the City of Alameda Design Review Manual,;:.
b. The ir000sed deli
•
n
sa
01
0
•
riate for the site is co
•
atible with ad'acent or
nei . hborin
•
build in. s or surroundin's and
a
remotes harmonious transitions in
scale and character in areas between different designated land uses; and
c. The
ro nosed design of the structure s and exte
for materials and
landscaping are visually compatible with the surrounding development, and
design elements have been incorporated to ensure the compatibility of the
structure with the character and uses of adjacent development.
the
30-37.6 Expiration and Extension
Design Review approval shall expire two (2) years from the initial date of
approval unless construction has commenced under valid permits. Design review
approval may be extended upon application for up to two (2) additional years
from the date of expiration.
Section 3. Section 30 -6 of the Alameda Municipal Code is hereby amended
to read as follows:
Section 30 -6.1 In General; On- Premise and Off - Premises Signs.
b. Permit Required. A sign permit shall ,e obtained
and a building permit shall be
obtained as provided in Sections 6 -3 and 13 -1 of the Alameda Municipal Code.
L 1 a
Section 30 -6.3 General Requirements on On- Premise Signs.
a. Regulations Pertaining to Alt On- Premise Signs:
1. Permit Required for All Permanent Signs. In order to assure compliance with
the regulations of this section, no permanent sign (including signs that do not
require building permits) may be installed until a sign permit has been issued
Sign permit applications shall be filed with the Planning Department, and
reviewed by the Planning Director, or person so designated, To grant a sign
jr t the ' jn n Director st find that the r€ eel sir s
A. Are consistent with all applicable GeneraL Plan policies, all sign
regulations of Section 30 -6 of the Alameda Municipal Code, and all
ro isions of the Cit f Alameda Desi. n Review Manual that ma a..1
0
to the project type or site;
B. Exhibit a design and materials that are appropriate for the site and
com.atible with ad'acent or nei • hborin buildin s or surroundin s.
Section 4. Severabil ty Clause, It is the declared intent of the City Council of
Alameda that if any section, subsection, sentence, clause, phrase, or provision 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 5. 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 thirty (30) days from the date
of its final passage
Section 6. California Environmental Quality Act (CEQA). The proposed
amendments are categorically exempt from CEQA pursuant to CEQA Guidelines
Section 15305 Minor Alterations in Land Use Limitations. The proposed
amendments amend the review process for Design Review and do not increase
the intensity or density of use that would be permitted on property in Alameda
Attest:
Lara VVeisiger, City Cie
City of Alameda
Presiding Officer of the City Council
1, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the City Council of the City of Alameda in a Regular
Meeting of the Alameda City Council on the 1st day of March, 2011 by the following vote
to wit:
AYES: Councilmembers deHaan, Gilmore, Matarrese. Tam
and Mayor Johnson — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 2nd day of March, 2011.
Lara Weisiger, City
City of Alameda