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Ordinance 1757ORDINANCE 1757 New Series AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING AND ADDING TO CERTAIN SECTIONS THEREOF, DEFINING CONDOMINIUMS AND SIMILAR DEVELOPMENTS AND ES- TA LISifiidD REGULATIONS FOR THE DESIGN THEREOF; AMEND- IN THE OFF - STREET ?AR IN REQUIREMENTS FOR MULTIPLE DWELLINGS AND. ESTABLISHING OPEN SPACE REQUIREMENTS IN ALLY ZONES. BE IT ORDAINED BY THE COUN- CILOFTHE CITY O ALAMEDAthat: Section 1. Purposes. The purposes of this ordina;rce are too (o) Provide adequate amenities to persons purchasing multiple units as homes; (b) Insure a variety of choices of type, price and location of housing; (C; Maintain the supply of rental housing for law and moderate in- come persons and families, (d) Reduce and avoid the displacement of long -term residents, particularly senioraci- tizens and families with school,ggg children, who may be required to move from the community due to a shortage of replacement rental housing; (e) Facilitate Code enforcement and the rehabilitation and improvement of existing structures; and (f) Provide adequate open space and parking. Section 2. Findings. The City Council of the City of Alameda finds that; (a) Existing provisions for open space for multiple family dwellings are inadequate and cramped condi- tions exist as a result thereof; (b) Condominiums and other farms of ownership of homes are unique and require different amenities than apartment houses, (c) Not all multiple family dwelling units have been constructed in a manner suitable for individually owned units; (d) The conversion of a significant Portion of the available rental units to multiple houses would dislocate persons with medium or low in- comes who could not find another dwelling in Alameda; (e) Conversion of existing apart- ment buildings into multiple houses diminishes the supply of rental housing and displaces residents and will tend to require them to move outside of Alameda when a housing shortage exists. Section 3. Sections 11 -134 (a), 11-139 (a), 11-1314 (a) and 11 -1405 (c) of the Alameda Municipal Code are hereby amended to read: See, 11 -834. (a) Lot area. r=ive thousand (5,000) square feet per dwelling unit, Sec. 11 -138, (a) Lot area: Not less than five thousand (5,000) square feet in all lasts recorded on and after the effective date of this Chapter, August 1, 1958. However, r000rdless of date9f recordation, there shall be not 169s than two thousand (2,000) square feet of lot area for each family dwelling unit, except in the case of Multiple Mouse where there shall be not less than two thousand VV_e h0ldred (2,500) square feet of lot area for each family dwelling €init Seca 111 -114. (a) Uses as Perm itfed in the R -1 and R -2 Districts, and multiple fam1lyd gs.__ __..— Sec, 11 -1405; (c) Multiple family dwellings. One and one. -half (1 1 /2) spaces per studio dwelling unit; one and three-quarters (1 /e) spaces per one or two bedroom dwelling units; and two (2) spaces per three or more hodroom dweilina units. Section .4. Sections 11- 1229.2, 11 -132 (f), 11 -136 (f), 11 -138 (i), 11 -1310 (C), 11-1312 (i), 11 -4316 (1), 11-1320 (1), 11 -1324 (i), 11 -14Al2 and 11 -14A13 are hereby added . to the Alameda Municipal Code to read: _52,9_ 11- 1229.2. "Multiple House": j A building designed as a two- famillr or multiple - family dwelling unit for use as condorninum units, planned development omits, stock coopera- tive, a community apartment proiect or other real estate develop- Inent as those terms are defined in Division 2, Title 7 of the Government Code or in the Civil Code of the State of California. Sec. 11.132 (f) Multiple houses. Sec. 11 -136. (f) Multiple houses. Sec, 11 -138; (i) Usable Open Space Requirements:. The usable open space, as defined in Section 71- 14Al2, on each building site shall. be not l ess than 600 square feet for each dwelling unit. Sec. 11- 1310. (c) Multiple houses. Seca 11 -1312, (i) Usable Open Space Requirements„ The usable open space, as defined in Section 11- 14Al2, on each building site shall be not less than 500 square feet for each dwelling unit. Sec. 11 -1316, (i) usable Open Space Requirements: The usable Open space, as defined in Section 11- 14Al2, on each building site shalt be not less than 400 square feet for each dwelling unit. Sec. 11 -1320, (i) Usable Open Space Requirements: The usable open space, as defined in Section 11- 14Al2, on each building site shall be not less than 240 square feet for each dwelling unit. Set, 11 -1324. (1) Usable Open Space Requirements: The usable open space, as defined in Section 11- 14Al2, on each building site shall bet: not less than 120 square feet for each dwetIing unit, Sec. 11 -14A 12. Open Space. Schedule of Rewired Residential Open Space. Usable open space is that area of a building site or build- ing which is landscaped or otherwise developed and maintained for recreation or outdoor living by the occupants excluding yards or other areas having a width of eight (8) feet or less, required front yards or areas devoted to automobile access or storage. The following areas shall constitute usable open space as required by Sections 11 -138 (1), 11 -1312 (1), 11 -1316 (1)0 11 -1320 (1) and 11 -1324 (1) of this Chapter:. (a) FrW ate balcony attached to and directly accessible only from a single dwelling unit, if said balcony has an area of cat least sixty (60) square feet with a minimum horizontal dimension of five (5) feet, and is unenclosed on at least two - thirds ( 2 A) of its perimeter except for required railings, and provided that such balcony is not used for required access to the dwelling unit. (b) Private porch, deck, patio, or court accessible only from a single dwelling unit, if said area has a minirnurn horizontal dimension often (10) feet, and an area of not less than one hundred twenty (120).square feet, Section S. Article 4D, consisting of and is unenclosed on at leasttwo- thirds Sections 11 -14D1 through 11 -14D9, is (%) of its perimeter, except for screen hereby added to Chapter l of Title X l of fencing not over six and one -half (6 1 /2) the Alameda Municipal Code, to read: feet high. No private open space shall t be within five (5) feet of a side lot line ARTICLE 4©— CONVERSION TO orfen (10) feetof a rear lot line. Private MULTIPLE HOUSES usable open space may not extend Sec. 11 =14011. General. The con - more than one -half. ( the depth of the version of any structure to a mul- required front yard or across more tiple house shall conform to the than one- half ( the frontage of the provisions of this article. No con - building and must be enclosed by a verted unit may be occupied until an Perimeter fence or wall not to exceed occupancy permit has been issued three (3) feet in height. by the building official. The building (c) Porch, patio, court, or other out- official shall issue an occupancy door living area, which has common permit for buildings which have access from more than one dwelling been converted in accordance with unit, and which has a minimum the Provisions of this article and Ar- horizontal dimension offifteen (15) feet ticle 1, Chapter 3 of Title X of this and an area of not less than three Code. hundred (300) square feet. No front or Sec. 11. 14[12.: Permitted Conver- street side yard may be used as com- sions.. The conversion of multiple mon open space. family dwelling units to multiple (d) Roof deck accessible only from a houses is permitted where the con - single dwelling unit, and above it, if version meets the requirements of: said roof deck has a minimum horizon- . tal dimension of. ten (10) feet and an (o) The zoning ordinance; area of not less than one hundred (b) All current state and local twenty (l20) square feet. Any such roof structural, safety and utility deck shall have a six. (6) foot high wall codes; or screen on at least two - thirds ( of (c) Desicln Review; its perimeter, located to provide pro - (d) Notice and relocation assis- tection against wind.. -. - tance;.. .. -. (e) Enclosed areas used exclusively for (e) A structural pest report, recreation and available for the use of prepared by a licensed operator, all occupants of the dwelling or showing the absence of wood dwelling group, but excluding facilities destroying pests or organisms; open to the general public, may be used and to the extent they do not exceed one- (f) The conversion consists of at third ( of the total area required for least eight (8) dwelling units. (pen space. € Enclosed areas or structures which Sec. 11 -14D3. Other. Conversions. ore accessory t0 usable open space as The conversion of structures which - -- cannot meet the requirements of (g) R pace shall include (g) Required iredd: open space Section 11 -14132 is permitted upon one: hundred twenty approval of the Planning Board. The sq least square feet.ot private open space e for o Planning Board shall find that: ground level units and sixty (60) square feet of private open space for. units four (a) The building was constructed (4) feet or more above the grade ad- prior to the date of this article; iocent to the unit. and double these (b) There are no violations of amounts for multiple houses. codes or statutes applicable to (h) Required open space should include structures involved when they common open space of not less than: e ' ° were built; (c) The has (1) R-2: 1SO square feet. applicant submitted a (2) R-3: 120 square feet; plan showing all feasible means (3) R -4: 90 square feet; for making structures, grounds (4) R -5: 60 square feet; and (5) R -6: 30 square fe but and utilities conform to current codes and statutes and agrees, in Sec. 11- 14A13. Multiple mouses. writing, supported by a perfor- mance bond, to perform same as (a) Utilities: Each dwelling unit of a a condition of approval. The plan multiple house shall have separate shall .include a report from a utility meters, excluding water, with registered engineer detailing the individual shut -off valves for all present condition of the building utilities. The meters and shut -offs and expected useful life of all shall be so located that each can be common structural and reached without entry into the in- mechanical components of the dividual unit. (b) Laundry Unit. Each dwelling conversion or, in lieu thereof, applicants may request, with the unit in a multiple house shall have a approval of the City Engineer, space and connections for the in- that said report be prepared by stallotion and operation of laundry City personnel. The plan shall al- equipment for the private use of the so include the structural pest occupants of that unit. report of a licensed operator; (c) At least one hundred (100) cubic (d) Compliance with the above feet for each unit and an additional plan to improve the property will fifty (50) cubic feet for each bedroom of enclosed, weatherproof, provide sufficient amenities to lockable storage .space shall be persons purchasing property as a home: The Board may consider in provided for each dwelling unit. making said determination the Such storage space shall be in addi- lever of sound attentuation of tion to that ordinarily contained structures, the probable life of within a unit as cabinets, pantries, structures, the availability of off - and clothes closets. Such storage site and on -site parking and open may be located in or separated from space, the availability of storage dwelling unit. (d) No occupancy permit for a mul- and other facilities, laundry space and the condition of utili- tiple house may issue unless the as- ties; sociation or corporation has filed (e) The conversion has been with the City Building Official the reviewed and reported upon by name, address and telephone the Design Review Board; number of the person or company to be contacted regarding any build- (f) Notice and relocation assis- ing, health or this code violations. If fance can be satisfied by the applicants; and that person or company changes, the (g) The conversion consists of at change shall be reported within ten least eight (8) dwelling units. (10) days. (e) Density. Subsection reserved. New Series t l (h) There is not less than tu) ruv, upon request of tenant, up to $150 plus $10 for every room, eleven hundred { feet n lot area for 00) square tamale exclusive of bathrooms, in the dwelling unit. This subsection unit rented by the tenant for the cost - of moving expenses. shall have no farce and effect after August 1, 1975. kitchens shall be considered separate rooms whether or not kom Sec. 11 -14D4. Applications.. separated by walls other Applications for conversions shall contain the following information: rooms. (e) Notify all tenants occupying un its subseq to the noti „1es -. (a) A verification that the can- _ (6) Multiple houses are exempt version satisfies the from this requirement, requirements of Section 11 -14D2 0) Detached single family dwellings or Is capable of satisfying the are exempt from the requirements of requirements of Section 11-14D3; this section. (b) Documents factually sup � said verifi not given Pursuant to Section 11-14D5� already already on file withtheCitV and a ff) of the inters to convert, or the � list of documents on ' file with the approval hereunder to convert, City which support said verifica- before the tenant consents to a tion; lease or rental agreement. (c) A rental structure of units over the last three (3) years 1 1- 1 . Sec9[17; Critical Ratio. Sec- lion c. 11 -l ed. including th (d) Wher not pre Sec. 11 - 14138, Expiration. All d approvveded, , d rawings nec approvals hereunder shall expire Design Review Board tenants; and become void if a final sub - ( e) T nam es t e)here division map is not filed therefor W (f) Where current parking within two (2) years after said requirements are not met, the approval. ap Sec. number of cars owned by all 11 -14D9, Fees. A fee of $50.00 tenants, shall be paid with every application Sec. 11- 1 fil for a conversion, (a) Applicaatiotio n shall bbe ;edwith Sec. 11- 14D1t1. Costs. Applicants the Planning D shall pay all casts of inspections hlso Applicant shall also file and engineering reports done by the fis ient copies of all informat on Public Works Department. and diagrams reviewed by the Planning Board or Design Review Board and sufficient Section 6. Severability. If any sec - . tion, subsection, subdivision, copies of all information and paragraph, sentence, clause or phrase diagrams reviewed by other of this ordinance or any part thereof, departments; (c) The applicable departments is for any reason held to be unconsti- floral or Invalid or ineffective by any shall review the application to determine conformity herewith court of competent iurisdiction, such decision shot not affect the validity or and report their findings to the effectiveness of the remaining por- Planning Director; tions of this ordinance or any part (d) If the application meets the thereof. The City Couuil hereby requirements of Section 11 -14D2 declares that it would have passed the Planning Director shall so in. each section, subsection, subdivision, form the Building Official who shall thereafter issue an oc- paragraph, sentence: clause, or phrase thereof irrespective of the fact that cupancy permit; (e) Conversions not satisfying the any one or more sections,. subsections, subdivision, paragraphs, sentences, requirements of Section 11 -14D2 clauses or phrases be declared uncon- sha” be approved or disapproved stitu4onai or invalid or ineffective. bit the P16AMng board within a Section 7. This ordinance shall be in reasonable period of time after full force and effect from and after the all departments report to. the expiration of thirty (30) days from the Planning Director. date of its final passage. (f) clearings held pursuant to TERRY LA CROIX, JR. Subsection (c) shalt be noticed in Presiding Officer the manner prescribed by Section of the Council 11 -174 (a) and all tenants shall be Attest: given notice by mail thirty (30) Celia A. Conger days prior thereto. Deputy City Clerk Sec. 11 -1406. Relocation, Persons converting buildings pursuant to this I, the undersigned, hereby certify that the foregoing Ordinance was duly article shall: and regularly adopted and passed by (a) Give notice in writing 60 days the Council of the City of Alameda In regular meeting assembled on the 18th in advance to tenants before they day of March, 1975, by the following are required to relocate. Where vote,towit: the owners are to occupy units, no tenants may be evicted (provid- ing AYES: Councilmen Corica, Hurwitz, McCall and President LaCroix, Jr. (4). rent is paid) In less than 90 NOES: None.' days from the dote the developer first notified tenants of the con- ABSENT: Councilman Beckam, (1). IN WITNESS WHEREOF, templated conversion, I have hereunto set (b) Offer al I tenants not in arrears of rental or leasehold my hand and affixed the official seal of said City this 19th day of payments, a nontransferable right of first March; 1975. (SEAL) refusal of purchase of his unit for CELIA A CONGER 30 days duration after receipt of a Public Report from the Real Es- Depj+ly City QClerk of the fate Commission. City of Alameda (c) Inform all tenants not wishing Legal No. 110. Publish: March 21, 1975, to buy of the availability of the rental units controlled by the converter and offer to rent the tenant any of said units.