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Ordinance 1635Alameda City Ordin CITY OF ALAMEDA Ordinance N ®e 1635 New Series AMENDING THE ALAMEDA MUNICI- PAL CODE BY AMENDING, ADDING TO, AND REPEALING CERTAIN SEC- TIONS OF CHAPTER 1. TITLE Xi, THEREOF, ESTABLISHING A ZONING ADMINISTRATOR, AND RELATING TO VARIANCES, USE PERMITS AND OTHER ZONING REGULATIONS BE IT ORDAINED BY TH COUNCIL, OF THE CITY OP ADAM EDA that: Section 1. The Alameda Mu- nicipal Code is hereby amend- ed: (1) by amending `iectio0 11 -121 to read as follows: Sea 11 -121_ Words used in the present tense include the fu- ture, words in the singular number include t plural, and words in the plural number in- elude the singular; the word "building" includes the word "structure ", and the word "shall" is mandatory and not directory. The term "City Council" shall mean the City Council of the City of Alameda, and "Planning Board" shall mean the City Planning Board of the City of .Alameda. The word "City" shall mean the in- corporated area of the City of Alameda. The term "Building Official" shall mean the City Eugiueer or his authorized rep - resentative. The term "Zouftig Administrator" shall mean the Planning Director, or such per- son as he may, i ich the prior approval of the Planning Board, designate, who shall ad- minister and i ate rpret ttie provisions of the Zoning Ordi- Ila nee and perform other duties as prescribed herein. Other terms not speci firm lly° men- tioned hereabove shall have the meanings ascribed to them by the Charter at id this Code. (2) by adding Sections 1243.5 and 11- 1243.6 thereto, to read as follows: Sec. 11- 12-13.5. "Variance, Major ": A varia nee from a provision of this Chapter with respect to permitted uses, re- establishment or enlargement of a non-conforming use, num- ber of required off- street park- ing spaces or loading spaces, or maximum number of dwell- ing units. Sec. 11- 1243.6. "Variance, Minor ": A variance from any provision of this Chapter other than those listed in Section 11- 1243.5. (13) by amending Sections 11- 1(i1. and 11 -1(12 thereof, to read as follows: Sec. 11- 1.61.. V ariatices. (a) Intent It is the intent of this section to prescribe the ces Ordinance No. 1635 New Series procedure for the variance from the provisions of this Chapter, under specified condi- tions, so that the public welfare is secured and substantial jus- tice done most nearly in accord with the intent and purposes thereof. (b) Application. Application for a variance shall be made by the owner of the affected property, or his authorized agent, on a form prescribed by the City Planning Department and shall be filed with such De- partment. The application shall be accompanied by such in- formation including, but not limited to, site and building, plans, drawings and elevations, and operational data, as may be required to permit the re- view of 4tie proposal in the context of the required find- ings, and by a fee of 525.00 for major variance and 515,00 for minor variance. (c) PROCEDURE FOR CONSIDERATION. (I) Major Variance. An appli- cation for a major variance shall be considered by the City Planning Board. A pub- lic hearing shall he held on each application. Notices of such public hearing shall be given by posting at least one notice thereof on the proper- ty involved in the applica- tion by one publication in a newspaper of general circulation and by postal card or letter notices mailed to owners and occupants of adjacent properties and to as many- other pet-sons as the Zoning Administrator may deem advisable. All no- tices shall be posted, published or nailed at least seven (7) days prior to such public hearing. The Plan- ning Board shall determine whether the conditions re- quired in Section 11- 101(d) are present, and may grant or deny an application for a variance or require such changes in the proposed use or impose such reasonable conditions of approval a4 are in its judgment neces- sary to promote the pur- poses of the Zoning Ordi- nance- The determination of the Board shall become final seven (7) days after the date of decision unless appealed to the City Council in ac- cordance with Section 11- 161(f). (2) Minor Variance. An appli- cation for a minor variance shall be considered by the., Z o n i n g Administrator. However, the Zoning Ad- ministrator may, at his discretion, refer any ap- plication to the Planning Board for consideration rather than acting ()nit him- Alameda City Ordin Self. The Zoning Administra- tor or the Board, as the case may be, shall give such no- tice as is deemed appropri- ate to adjacent property owners or other affected parties; and, in cases re- ferred by the Zoning Ad- ministrator to the Board a public hearing may be held before the Board. The Zon- ing Administrator or the Board, as the case may be, shall determine whether the conditions required in Sec- tion 11- 161(d) are present, and may grant or deny an application for a variance or require such changes in the proposed use or impose such reasonable conditions of ap- proval as are in his or its judgment necessary to pro- mote the purposes of the Zoning Ordinance. A deter- mination by the Zoning Ad- ministrator shall become final seven (7) days after the date of decision unless appealed to the Board in ac- cordance with Section 11- 161(g). In Oases which the Zoning Administrator refers to the Board, the decision of t he Board shall be final. (3) Period of Consideration. Should a decision not be ren- dered pursuant to subsec- tions (1) and (2) within sixty (60) days after filing, the application shall be deemed approved unless said time has been extended by agree- ment between the Zoning Administrator or the Plan- ning Board, as the case may be, and the applicant, (dl Findings Required. A variance may be granted only upon determination that all of the following conditions are present: (1) That strict compliance with the specified regulation would result in practical difficulty or unnecessary hardship inconsistent with the purposes of the Zoning Ordinance, due to uni ue physical or topographic circumstances or conditions of design; or, as an alterna- tive in the case of a minor variance, that such strict compliance would preclude an effective design solution improving livability, opera- tional efficiency, or appear - a nee. (2) That strict compliance with the regulation would deprive the applicant of privileges enjoyed by owners of similarly zoned property; or, as an alternative in the case of a minor variance, that such strict compliance would preclude an effective design solution fulfilling the basic intent of the applicable regulation. ces Ordinance No. 1635 New Series (3) That the variance, if granted, cviil not adversely affect the character, liva- bility or appropriate de- velopment of abutting prop- erties or the surrounding area, and will not be detri- mental to the public welfare or contrary to adopted plans or development policy. (4l That the variance will not constitute a grant of special privilege inconsistent with limitations imposed on simi- larly zoned properties or in- consistent tviththe purposes of the Zoning Ordinance. (e) Limitation of New :Appli- cation. In case an application is denied by the Zoning Ad- ministrator, Planning Board, 00, on appeal, by the City Coun- cil, it shall not be eligible for resubmittal for one tl) year from date of said denial, un- less, in the opinion of the Zoning Administrator, new evidence is submitted or condi- tions have changed to an extent that further consideration is warra rated, (f) Appeal to Council — Major Variance, Within seven (7) days after the date of a decision by the Planning Board, on an application for a major variance or 00 revoca- tion of such a variance in ac- cordance with Section 11- 161(h), an appeal from said de- cision may he taken to the City Council by the applicant, the holder of the variance, or any other interested party. Such appeal shall be made on a form prescribed by the City Planning Department along with a fee of 113.00 and shall be filed with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Board or wherein its decision is not supported by the evi- dence in the record. Upon re- ceipt of such appeal the Council shall set the time for con- sideration thereof. The City Clerk shall notify the Secretary of the Planning Board of the receipt of said appeal and of the time set for consideration thereof; and the City Clerk shall, not less than seven (7) days prior to the date set for the bearing on the appeal, give written notice to the appellant and to any known adverse parties, or to their representa- tives, of the time and place of the - hearing. In considering the appeal the Council shall deter- mine whether the conditions re- quired by Section 11- 161(d) are present, and may grant or deny an application for a variance or require such changes in the proposed use or impose such reasonable conditions of ap- proval as are in its judgment necessary to carry out the DLlr- Alameda City Ordin pose of the Zoning Ordinance. The decision of the Council shall be effective immediately. (g) Appeal to Planning Board — Minor Variance, Within sev- en (7) days after the date of a decision by the Zoning Ad- ministrator on an application for a minor variance, an ap- peal from said decision may be taken to the City Planning Board by the applicant or any other interested party. Such appeal shall be made on a form prescribed by the City Planning Department, and shall be filed with such department along with a fee of $15.00. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Z o n i n g Administrator or wherein his decision is not sup- ported by the evidence in the record- Upon receipt of such appeal the Secretary of the Board shall set the time for consideration thereof, and, not less than seven (7) days prior thereto, give written notice to the appellant and to any known adverse parties, or to their representatives, of the time and place of the hearing on the appeal. In considering the ap- peal the Board shall determine whether the proposed use con- forms to the variance criteria, in Section 11- 161(d) and to any other applicable variance cri- teria, and may grant or deny a permit or require such changes in the proposed use or impose such reasonable condi- tions or approval as are in its judgment necessary to ensure conformity to said criteria. The decision of the Board shall be final, )h) Revocation, In the event of a violation of any of the provisions Of the Zoning Ordi- nance, or in the event of a fail- ure to comply with any pre- scribed condition of approval, the Planning Board may, after notice and hearing, revoke any variance- In the case of a revo- cation of a variance from one of the provisions listed in Sec - tion 11- 161(c), (1) the determi n- , ation of the Board shall become effective seven (7) days after the date of decision unless appealed to the City Council in accordance with Section 11- 161(f). In the case of a revoca- tion of a variance from one of the provisions referred to in Section 11-161M) (2), the deci- sion of the Board shall be final. (i) Termination and Trans ferability. A variance shall, if granted, terminate one year from the effective date of its granting unless actual con- struction or alteration, or ac- tual commencement of the au- thorized activities in the case of a variance not involving con- struction or alteration, has be- gun under valid permits within Ces Ordinance No. 1635 New Series such period. The variance shall not be transferable by the grantee to any other person if 00 building permit has been ob- tained previously. - See. 11 -162. Use Permits. (a) Intent. The intent of this section is to prescribe the pro- cedure for the accommodation of uses with special site or de- sign requirements, operating characteristics, or potential ad verse effects on surroundings, through review, and where necessary, the imposition of special conditions of approval. (b) Applicatiorti. Application for a use permit shall be made by the owner of the affected property, or his authorized agent, on a form prescribed by the City Planning Department and shall be filed with such De- partment- The application shall be accompanied by such in- formation including, but not limited to, site and building plans, drawings and elevations, and operational data, as may be required to enable the per- tinent criteria to he applied to the proposal, and by a fee of $25.00. (c) Procedure for Considera- tion. (1) An application for any use permit shall be considered by the Zoning Administra- tor, However, the Zoning Administrator may, at his discretion, refer any appli- cation to the City Planning Board for consideration rather than acting upon it himself. At his or its discre- tion, the Zoning Administra- tor or the Board, as the case may he, may give such no- tice as is deemed appropri- ate to adjacent property owners or other affected parties; and, in cases re- ferred by the Zoning Ad- ministrator to the Board, a Public hearing may be held before the board. The Zoning Administrator or the Board. as the case may be, shall determine whether the pro- posal conforms to the gener- al use permit criteria set forth in Section 11- 162(d) and to other applicable use permit criteria, and may grant or deny the applica- tion for the use permit or require such changes in the proposed use and impose such reasonable conditions of approval as are in his or its judgment necessary to ensure conformity of said criteria. A determination by the Zoning Administrator shall become final seven (7) days after the date of deci- sion unless appealed to the City Planning Board in ac- cordance with Section 11- l6l(f). In those cases which are referred to the Board, Alameda City Ordinances Ordinance No, 1635 New Series the decision of the Board shall be final. (2) Period of Consideration. Should a decision not be ren- dered pursuant to subsection (1) within sixty (60) days after filing, the application shall be deemed approved unless said time has been extended by agreement be- tween the Zoning Adminis- trator or the City Planning Board, as the ease may be, and the applicant. (d) General Use Permit Cri- teria. A use permit may be granted only if the proposal conforms to all of the following general use permit criteria, as well as to all other applicable use permit criteria: (1) That the location, size, de- sign, and operating char- acteristics of the proposed development will be com- patible with and will not ad- versely affect the livability or appropriate development of abutting properties and the surrounding neighbor- hood, with consideration to be given to harmony in scale, bulk, coverage, and density; to the availability of civic facilities and utili- ties; to harmful effect, if any, upon desirable neigh- borhood character; to the generation of traffic and the capacity of surrounding streets; and to any other relevant impact of the de- velopment. (2) rhat the location, design, and site planning of the pro- posed development will pro- vide a convenient and func- tional living, working, shop- ping, or civic environment, and will be as attractive as the nature of the use and its location and setting war- rant. (3) That the proposed develop- ment will enhance the suc- cessful operation of the sur- rounding area in its basic community functions, or will provide an essential service to the community or re- gion. (e) Limitation of New Ap- plication. In case an applica- tion is denied by the Zoning Administrator, or, on appeal by the City Planning Board, it shall not be eligible for resub- mittal for one (1) year from the date of said denial, unless, in the opinion of the Zoning Ad- ministrator, new evidence is submitted or conditions have changed to an extent that further consideration is war- ranted. (f) Appeal to Planning Board. Within seven (7) days after the date of a decision by the Zoning Administrator for a use permit, an appeal from said decision may he taken to the City Planning Board by the applicant or other interested party. Such appeal shall be made on a form prescribed by the City Planning Department, and shall be filed with such De- partment along with a fee of 815.00. The appeal shall state specifically wherein it is claimed there ,vas an error or abuse of discretion by the Zon- ing Administrator or wherein his decision is not supported by the evidence in the record. Upon receipt of such appeal the Secretary of the Board shall set the time for consideration thereof and, not less than seven (7) days prior thereto, give written notice to the appellant and to any known adverse parties, or to their representa- tives, of the time and place of the hearing on the appeal. In considering the appeal the Board shall determine whether the proposed use conforms to the general use permit criteria set forth in Section 11- 162(d) and to any other appncaote use per- mit criteria, and may gra nt or deny a permit or require such changes in the proposed use or impose such reasonable condi- tions of approval as are in its judgment necessary to ensure conformity to said criteria. The decision of the Board shall be final. (g) Revocation. In the event of a violation of any of the provisions of the Zoning Ordi- nance, or in the event of a fail- ure to comply with any pre- scribed condition of approval, the City Planning Board, may, after notice and hearing, re- voke any use permit. 111 the case of revocation of a use per- mit the determination of the City Planning Board shall be- came final. (h) Termination and Trans- ferability. A use permit shall, if granted, terminate one year from the effective date of its granting unless actual con- struction or alteration, or ac- tual commencement of the au- thorized activities in the case Of a use permit not involving construction or alteration, has begun under valid permits within such period. The use permit shall not be transferable by the grantee to any other person if no building permit has been obtained previously. (4) by amending Section 11- 191, and the heading of Article 9, to read as follows: ARTICLE 9. DUTIES OF OFFICIALS, EN- FORCEMENT AND PENAL- TIES Sec. 11 -191. Duties of Offi- cials. (a) All departments, offi- cials, and public employees of the City of Alameda which are Alameda City Ordin Gees Ordinance No. 1635 New Series vested with the duty or authori- ty to issue permits or licenses shall issue no permit or license where the same would be in conflict with the provisions or intent of this Chapter. (b) It shall be the duty of the Zoning Administrator to en- force the provisions of this Chapter. In the prosecution of the above described duties, the Zoning Administrator or his au- thorized representative shall have the right to enter upon any premises or structures to make necessary inspections at any reasonable time, and in ac, cordance with law. (5) by repealing the entire Section 11 -192 thereof. (6) by amending Section 11- 193 thereof to read as follows: Sec. 11 -193, Enforcement. Any building erected, altered, moved or maintained, and /or any use of property contrary to the provision of this chapter shall be and the same is hereby declared to be unlawful and a public nuisance, and the City Attorney shall commence ac- tion or actions, proceeding or proceedings for the abatement, removal and the enjoinment thereof in the manner provided by law, and by the Charter. Section 2. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. TERRY LA CROIX, JR. Presiding Officer of the Council Attest: IRMA L. NELSON City Clerk I, the undersigned, hereby certify that the foregoing Ordi- nance was duly and regularly adopted and passed by the council of the City of Alame- da in regular meeting assem- bled on the 3rd day of Novem- ber, 1970, by the following vote, to wit: AYES: Councilmen Fore, Longaker, McCall and Presi- dent La Croix, Jr., (4) NOES: None. ABSENT: Councilman Levy, (1) IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 4th day of November, 1970. (SEAL) IRMA L. NELSON City Clerk of the City of Alameda A- 931 — Publish .Nov. 6,1970