Loading...
Ordinance 0379ORDINANCE NO. 379 New Series REPEALING SECTION 15, AND AMENDING SECTIONS 16, 17, 26, 28, AND 30 OF ORDINANCE NO. 370 NEW SERIES COMMONLY KNOWN AS THE ZONE ORDI- NANCE OF THE CITY. ORDINANCE NO. 379 New Series Be it ordained by the Council of the City of Alameda as follows: Section 1. Section 15 of Ordi- nance No. 370, New Series, is hereby repealed. Section 2. Section 16 of said or- dinance is hereby amended to read as follows: CHANGING FROM ANY DISTRICT TO ANCATHER Sec. 16. Property in any district may be changed and reclassified in the manner following: The owner of such property shall first file with the city clerk, in writing, a declaration of his inten- tion to circulate a petition to have his property reclassified. Immediately upon receipt of such a declaration, the city clerk shall i cause to be conspicuously posted =. along that portion of all the streets within an area of two hundred (209) feet outside the exterior boundaries of the property desired; to be reclassified, and at least one (1) on each side of each block or fraction of block therein, notices of the filing of said declaration of in- tention. At least three (3) of said! notices shall be posted on the side of the block in which the change is proposed, and three (3) on the side) of the block opposite thereto. Said notices shall be headed "NOTICE TO CHANGE ZONE" in type one (1) inch in height or larger, briefly ! describing the property and the change desired, and notifying all property owners within the area aforementioned of the intention to circulate such a petition, also that said petition will come up for hear- ing before the city planning com- mission on a certain day and hour (specifying the same), which time shall he fixed by the city clerk upon agreement with the petitioner. All of said notices shall be posted at least seven days before any petition may be circulated for signatures, and any signatures obtained prior to the expiration of said seven days shall be null and void and of no effect. Said notices shall be sub- stantially in the following form: NOTICE TO CHANG1, ZONE Notice is hereby given that it is the intention of the owner of property described as follows: TO circulate a petition for changing and reclassifying said property from Class ------- ...., to Class. ........ _. which will permit the use of this property for any of the purposes allowed in said Class_ --------- as specified in the zone ordinance of the city, in- eluding Said petition, in ease suffi- cient signatures are secured, will come up for hearing be- fore the City Planning Com- mission in the city hall, on ...._..-- - °--...... _... .... - --- ---__, _ 19__..., at 8 o'clock P. M. In the event that insufficie' signatures are presented at sup time, or for other good and suf fieient reasons, said hearing may be set over until the next regular meeting of the commis- sion. Pos 19 -..... - ........ - ° - - - ..._.° ......._ City Clerk. Upon receipt of a declaration to circulate such a petition, the city clerk shall submit to the council for introduction, the ordinance pro- vided in section 20 hereof, being the ordinance which will have to be passed in case the petition is granted. A fee of five dollars ($5.60) shall be charged petitioner in all cases. Section 3. Section 17 of said or- dinance is hereby amended to read as follows: Sec. 17. After seven (7) days have elapsed from the date of post- ing said notices, and within thirty ( 30 ) days from said date, a petition, describing the change desired, may be circulated for signatures and filed with the city clerk within said thirty days. Said petition may be accompanied by general plans or a sketch of the building desired to be constructed on the property pro - posed to be changed and reclassified, and shall have an affidavit annexed thereto certifying to the authcnti- city of the signatures. Said peti- tion and affidavit shall be substan- tially in the following form: PETITION TO REC1,_kSSIFY F'I OIT CLASS_.. -..... TO CLASS..._._ -. To the City Planning Commission, City of Alameda: We, the undersigned, owners of property situated within 200 feet outside of the exterior boundaries of the property de- scribed as follows: .-- -- -------------- I ------- - -- -- -- --- --------°- ­­­_­ hereby petition for the reclassi- fication of this property under the Zone Ordinance of the City of Alameda from Class.___..._. to Class ..... __---. AND WE HAVE SIGNED THIS PAPER WITH THE CLEAR U N D E R S T A N D I N G THAT NO PERSON WHO HAS ATTACHED HIS OR HER SIG- NATURE HERETO SHALL HAVE ANY RIGHT TO WITH - DRAW THE SAME, Name Residence Date of Signing State of California County of Alameda. ss. ------------ --------------- _ _....._, being du' sworn deposes and says: Tha ...he secured the signatures' hereto and know.... that each is the bona fide signature of the person whose name it purports to be. That ...._he answered fully all questions concerning the proposed change and made no misrepresentation concern- ing same. (Signed) - - .. . 'Subscribed and sworn to be- -ore me the ..._._.._.- ..._.....day of _....._._.... 19.- - .. City Clerk No person who has signed such a petition shall have the right to withdraw his or her name and any application to withdraw a signature shall be disregarded, except it be ,accompanied by an affidavit of the signer alleging that his or her sig- nature was obtained by fraud or misrepresentation, in which case the matter shall be referred to the City Planning Commission for settle- ment. Any informality in a petition, or any question as to the sufficiency of a petition shall be decided by the City Planning Commission, and the decision of the commission shall be final and conclusive. After the expiration of the seven (7) days aforementioned any owner of property may make written ob- jections or circulate petitions against the proposed change, and deliver them to the city clerk. Section 4. Section 26 of the .above - entitled ordinance is hereby amended to read as follows: SET -BACK LINES Sec, 26. All buildings hereafter erected or located in any residence district, or in blocks where more - "` n half the lots are in a resi- ce district, must be set back at st as far from the street as sixty' (60) per cent of the existing houses, in the block, taking the average line's of those nearest the street; pro- vided, that for the purpose of mak- ing this calculation no existingi house shall be deemed to be set back more than thirty (30) feet. In case) no houses have been erected in the "block" the set -back Line shall be fifteen (15) per cent of the aver- age depth of the lots in said block; and in no case less than fifteen (15) feet. In the case of a lot which lies immediately between two other lots I already built upon, the set -back line shall be the average line occupied] by the adjoining buildings on either side. All buildings erected or located on corner lots shall be set back from the street running paral- lel with the length of such lot to al line fifteen per cent (15 %) of the, width of such lot; provided, that the set -back line for a lot situated im- mediately in the rear or alongside of a corner lot shall be midway be- tween the set -back line for such corner lot and the set -back line for interior lots on the front or side street as the case may be. In no case shall it be necessary to set back more than thirty (30) feet from the street. All set -back lines shall be measured from the main foundation walls. The word "lot" as used in this section shall be deemed to mean one `.the lots or parcels of land into =;ch the "block" has been subdi- ed, as shown and delineated upon the last official map of the tract or subdivision of land on file in the office of the county recorder in which such lot is situated, and it shall not be permissible to defeat the set -back provisions herein con- tained as to corner lots by changing the frontage thereof to the side street. The building inspector shall pro- hibit the erection of any structures contrary to the provisions of this section. Section 5. Section 28 of the above - entitled ordinance is hereby amend- ed to read as follows: Sec. 28. REAd3 YARDS. All one - story dwellings, except in the case of bungalow courts, shall have a rear yard of the full width of the lot upon which they are situated, the depth of which rear yard shall be not less than twelve (12) per cent of the full depth of such lot and in no case not less than ten (10) feet. For dwellings more than one - story in height the rear yard shall be two (2) additional feet in depth for each additional story in height. A garage or other accessory struc- ture not exceeding one story in height may be located on any such rear yard, provided it does not oc- cupy more than one -third of the to- tal area of such rear yard. Rear yards for bungalow courts shall be not less than fifteen per cent (15c,) of the depth of the lot and for the full width thereof; and in no case shall the rear yards in bungalow courts be less than eight (8) feet in depth. Depth of lot for this purpose shall be measured at a right angle from the center of the court upon which the houses face to the lot line opposite and running parallel to the court. Rear yards for bungalows at the rear end of a court shall be not less than eight (8) feet in depth. The rear yard requirements for apartment houses and hotels shall be as provided in sections 14 and 15, respectively, of the "state hous- ing act," and ,amendments thereto. Section 6. Section 30 of the above - entitled ordinance is hereby amend- ed to read as follows: PROJECTIONS Sec, 30. A bay window, cornice, belt course or similar projection shall not protrude more than three (3) feet into any front or rear yard. In one -story dwellings, no bay window, cornice, belt course or other projection shall extend over or from the side of the building un- less it allows an unobstructed side yard of not less than 2 1 / 2 feet in width clear to the shy for the entire length of such dwelling. In two -story dwellings and two - story apartment houses, no bay win- dow, cornice, belt course or other projection shall extend over or from the side of the building unless it allows an unobstructed side yard of not less than three (3) feet in width clear to the sky for the entire length of such dwelling or house. In dwellings and apartment houses over two stories in height, a cornice, belt course or other projec- tion may extend two (2) inches for every foot in width of such yard. Adopted and passed by the Coun- cil this 5th day of February, 1929. FRANK OTIS, Presiding Officer of the Council. I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and, IN TESTIMONY WHEREOF, I passed by the Council of the City, have hereunto set my hand and af- of Alameda in regular meeting a- fixed the official seal of said city sembled on the 5th day of February, I this 6th day of February, 1929, 1929, by the following vote, to-71t AYES: Councilmen Cal( utt � (Seal) VVM. J. LOCKF- Latham, Neiss, Noble and Presidentj Otis (5). City Clerk pro tem of NOES: None. City of Alameda, ABSENT: None, Publish February 7, 1929,