Ordinance 1792CITY OF ALAMEDA
Ordinance No. 1792
New Series
AMENDING THE ALAMEDA
MUNICIPAL CODE BY AMENDING
AND ADDING CERTAIN SECTIONS
ARTICLE 6, CHAPTER 1, TITLE
AND BY AMENDING SECTION
1-1243.5 AND REPEALING SECTION
1-1243.6 OF ARTICLE 2, CHAPTER 1,
TITLE XI THEREOF RELATING TO
ISE PERMITS AND VARIANCES
BE IT ORDAINED BY THE COLIN-
IL OF THE CITY OFALAAAEDAthat:
Section I.Secfionsll-161 and ll-162of
to Alameda Municipal Code are
ereby amended to read:
Sec. 11-161, Variances.
(a) When Permitted. A variance
shall be granted only when the strict
and literal interpretation of the
regulations in the Particular case
would involve practical difficulties
or unnecessary hardship, and only to
the extent necessary to overcome
such difficulties or unnecessary
hardship. No variance shall be
granted which would have the effect
of granting a special privilege not
shared by other property in the same
district and vicinity.
(b) Standards. A variance in
whole or in part or subject to condi-
tions as Provided in Section 11-161
(c) may be granted by the Planning
Board if the information Presented
in the application or at the hearing
establishes that:
(1) There are exceptional or
extraordinary circumstances
applying to the property involved
or to the Proposed use of the
Property;
(2) Because of such exceptional
or extraordinary circumstances,
the literal enforcement of
specified provisions of this
Chapter would result in practical
difficulty or unnecessary
hardship such as to deprive the
applicant of a substantial
Property right Possessed by other
owners of property in the same
class of district; and
(3) The granting of the variance
will not, under the circumstances
of the Particular case, be de-
trimental to the public welfare or
injurious to Persons or Property
in the vicinity.
(c) Conditions. In granting a
variance, the character and extent
thereof shall be specified. A
variance may be made conditional
and it may be made valid for a
specified time period. Once any
portion of a variance is utilized all
such conditions and specifications
shall be immediately operative, and
the violation of any of them shall
constitute a violation of this
Chapter.
(d) Amendment of Application. If
it appears at the hearing that a
variance differing from the
specific variance sought could
Property be granted under the
provisions of this Chapter, the
applicant may then and there after
to amend the application, The
Board may, if it finds that the
amended application falls within
the scope of the notice of hearing,
accept and act upon the amended
application without further Publica-
tion.
(NOTE: - The provisions for the f
approval I and processing
variance applications are contained
ined
in Section 11-161, 11-161.5 and 11 -163
through 11-170, Those sections
should be read together.)
Sec. 11-162. Use Permits.
(a) When Permitted. Approval of
a use in any district which is listed
as a use requiring a use Permit shall
be granted only when the use will
favorably relate to other Property,
uses and intensities in the vicinity
and to the General Plan of the City
and will not cause any damage,
hazard, nuisance or other detriment
to persons or property in the
vicinity.
(b) Standards. The City Planning
Board shall authorize the issuance
of a use permit only if the evidence
presented at the hearing is such as
to establish:
(1) 'Thai the location of the
proposed use is compatible with
other land uses in the general
neighborhood area;
(2) That the proposed use will
be served by adequate transpor-
tation and service facilities;
(3) That the proposed rise, if it
complies with all conditions upon
which approval is made contin-
gent, will not adversely affect
other Property in the vicinity,
The Board may also determine
that the proposed use is such that
it is necessary to require greater
standards than listed specifically
in this Chapter in order to
coorelate the Proposed use to
other Property, uses and intensi-
ties in the vicinity.
(c) Conditions. The Board may
provide that approval of a use per-
mit shall be contingent upon accep-
tance and observance of specified
conditions, including but not limited
to the following matters:
(1) Conformity to Plans and
drawings submitted with the
application.
(2) Special yards, open spaces,
buffer strips, walls, fences and
landscaping,
(3) Volume of traffic generat-
ed, vehicular movements within
the site, and points of vehicular
ingress and egress.
(4) Performance characteris-
tics related to the emission of
noise, vibration and other poten.
tially dangerous or objectionable
elements,
(5) Limits on hours of opera-
tion or time of day for the con.
duct of specified activities.
(6) A specified time Period
during which the use will be per-
mitted,
(7) Guarantees as to
compliance with the terms of the
approval.
(d) Revocation, In the event of a
violation of any of the Provisions of the
Zoning Ordinance, or in the event of a
failure to comply with any Prescribed
condition of approval, the City Plan-
ning Board may, after notice and
hearing, revoke any use permit.
(NOTE: The provisions for the
approval and processing of use per-
mits are contained in Sections 11-162,
11-162-5 and 11-163 through 11-170.
Those sections should be read
together) .
Section 2. Sections 11-161.5, 11-162
,,
_ 163, 11-164, 11-165, 11-166, 11-16
11- 168,.1.1 -169 and 11- 1610 are herel
added to the Alameda Municipal Cot
to read as follows:
Sec. 11-161.5. Administrativ
Variance.
(a) Approval by Zoning Admini
trator. An application for
variance to size or frontag
requirements of lots, yard or ape
space requirements, or height lim
tation of buildings, fences, hedge!
walls and other structures, may b
approved by the Zoning Admini!
trator where the Administrator d(
termines that the conditions of Se(
tron 11-161 (b) have been met an
that the reduction in requirement
is nonsubstonfial. The Zoning Ac
rninisfrator may make approve
conditional and may refer ooplicc
bons to the Planning Board a
Design Review Board.
(b) Notice and Hearing. Notice c
a hearing before the Zoning Ad
ministrator shall be given Pursuan
to Section 11-165, In addition theret,
a general description of th.
application shall be included in th,
Post card,
The hearing shall be held in th,
Place designated by the Zoning Ad
ministrator in the notice of heartru
within a reasonable t after tra
filing of the application: The Zoninu
4drininisirator shall consider al
evidence received by the office or
the application and consider then(
when making a decision on the
application.
(c) Appeal. The applicant,
member of the Public or a membe
of the City Council or Plannim
Board may appeal the decision a
the Zoning Administrator by filing (
notice of appeal with the Zoninrl
Administrator within fifteen (15
cqy3 after the Zoning Administrate
nos reported to the Planning Boar(
under Section 11-168. Appeals shal
be heard by the Planning Boar(
pursuant to Section 11-161.
(d) Substantial Reductions. Th(
Zoning Administrator may not fin(
a reduction in requirements of this
Chapter nonsubstanfial where:
(1) A reduction in lot area or
width requirements would create
a division of property subject to
review under the Subdivision
Ordinance; or
(2) An application for a
variance on the some lot has
been heard by the Planning
Board within one year; or
(3) The application is for an
expansion in an existing noncon-
forming use or reduction in
Parking requirements,
Sec. 11-162.5. Administrative Us(
Permit.
(a) Approval by Zoning Adminis.
trator. An application for a use
permit may be approved by the
Zoning Administrator where the
Administrator determines that the
criteria of Section 11-162 (b) have
been met and the application does
not pose any special Problems or
require a change in conditions at
approval. The Zoning Adirninistra
for may make approval conditional
and may refer applications to the
Planning Board or Design Review
Board.
(b) Notice and Hearing. Notice at
a hearing before the Zoning Ad
ministrator shall be given Pursuant
to Section 11-165. In addition thereto
a general description of the
application shall be included in the
Post card,
The hearing shall be held in the
Place designated by the Zoning Ad-
ministrator in the notice of hearing
within a reasonable time after the
filing of the aorilirmion. The Zoning
Administrator shall consider all
evidence received by the office on
the CIPPlication and consider these
when making a decision on the
(c) Appeal. The applicant, a
member of the Public or a member
of the City Council or Planning
Board May appeal the decision of
the Zoning Administrator by filing a
notice of appeal with the Zoning
Administrator within fifteen (15)
days after the Administrator has
reported to the Planning Board
under Section 11-168 Appeals shall
be heard by the Pfanning Board
Pursuant to Section 11-162,
Sec. 11-163. Applicatiom Application
for a variance or use Permit sQ1
be made by the owner of the af-
fected property, or his authorized
agent, on a form Prescribed by the
City Planning Department and shall
be filed with such Department. The
application shall be a Panied
not limited to, site l and building
Plans, drawings and e evations, and
operational data, as may be
required to permit the review of the
Proposal in the context of the stan-
cards imposed.
Sec. 11-164. Hearings. The City
Planning Board shall field a public
hearing on each application for a
variance a r use Permit as required
by Section 1 -161 and Section 11 162 '
Hearings shall be held within a
reasonable time after the filing of
app lications.
Sec. 11-165. Notice of Public Hear-
ing. Notice of Public hearing shall
be given by Posting at least one (1)
notice thereof on the property in-
volved, by publication of notice
once in a newspaper of general cir-
culqtion within the City at least ten
(10) days Prior to the hearing and
by Postal card Or IP mailed to
owners, as shown on me latest as-
sessment -oil, of all Properties
within one hundred (100) feet of the
subject Property and to as many
other Persons as the Zoning Ad-
ministrator may deem advisable
Failure to send such notice,
where the address of the owner is
not a matter of Public record, shall
not invalidate the Proceedings,
Sec. 11-166 Limitation on New
Application, In case an application
is denied by the Zoning Adminis-
trator, Planning Board, or, on ap-
peal, by the City Council, itsholl not
be eligible for resubmittal for ore
(1) year from date of said denial,
unless, in the opinion of the Zoning
Administrator, new evidence is
submitted in writing or conditions
have changed to an extent that
further consideration is warranted,
Sec. 11 Termination and
Transferability. A variance or use
permit ,hall, it granted, terminate
one (1) year from the effective date
of its granting unless actual cons-
truction or alteration, or actual
commencement of the OLdhorized
activities in the case of a variance
or use Permit not involving c-ons-
truction or alteration, has begun
under valid Permits within such
Period, The variance or use Permit
shall not be transferable by the
grantee to any other Person if no
building Permit has been obtained
Sec. 11-168. Reports to Planning
Board. The Zoning Administrator
shall report all approvals or
disapprovals of Administrative
Variances or Administrative Use
Permits and conditions imposed
fhereon to the Planning Board at
the next regular meeting thereof
following said decisions.
Sec. 11-169. Design Review Board
(a) The Planning Board may
refer any applications under this
Article to the Design Review Board
for an advisory opinion.
(b) Where the Design Review
Board has jurisdiction the Planning
Board m a y hear an application
hereunder, continue the matter,
refer it to the Design Review Board
and make its final decision after the
Design Review Board has reported
on the a I ication or may approve
led
, tion Subject to Design
Review approval of those elements
of the application not approved by
the Planning Board,
(a) Variance $50.00
(b) Administrative
Variance 35.00
(c) Use Permit 50.00
(d) Administrative
Use Permit 35.00
(e) Appeal from a
decision of the Zoning
Administrator 15.00
Section 3. Section 11-1243.5
Alameda Municipal Code is hereby
amended to read:
Sec. 11-1243.5. "Variance": An ex-
ception to the provisions of this
Chapter granted pursuant to Article
6 herein that does not alter the use
of Property or increase the density
Of the u se of the property to On in-
tensity Permitted by different zon-
ing district than that in which the
property is located,
Section 4. Section 11-1243.6 of the
Alameda Municipal Code is hereby
Section 5. This ordiance shall be in
full force and effect from and after the
expiration of thirty (30) days from the
date of its final passage,
C. J. CORICA
Presiding Officer
of the Council
ETHEL M. PITT
City Clerk
/ the undersigned, hereby certify
that the foregoing Ordinance was duly
and regularly adopted and Passed by
the Council of the City of Alameda in
regular meeting assembled on the 17th
day Of February, 1976, by the following
vote, to wit:
AYES: Councilmen Beckam,
Diament, Hurwitz, Sherratt and
President Corica, (5).
NOES: None,
ABSENT: None,
IN WITNESS WHEREOF, I have
hereunto set my hand and affixed the
Official seal of said City this 18th day of
February, 1976,
ETHEL M. PITT
City Clerk of the
City of Alameda
Legal No. 575. Publish Feb. 20,