Ordinance 2599CITY OF ALAEDA ORDINANCE NO. 2599
New Series
AMENDING TITLE XI (ZONING), CHAPTER 2, ARTICLES 2, AND 3
SECTIONS 11-222 , 11-223 , 11-224, 11-231, 11-231.1, 11-
2 3 1 . 2 , 11- 23 1 . 3 , 11- 2 3 2 , AND 11- 2 3 7 0 F THE ALAE
MUNICIPAL CODE THEREOF RELATING TO DESIGN REVIEW
BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1.The Alameda Municipal Code is hereby amended by
amending Articles 2 and 3 of Chapter 2 of Title XI thereof to read:
section 11-222. NOTICE.Before final approval by Design
Review Staff of a Major Design Review application, a notice shall
be sent to the owners of property located wi thin one hundred feet
(100 I ) of the property line of the applying property, regarding the
application and the opportunity to comment on the proposed design.
Public comments may be received .by Design Review Staff within ten
(10) calendar days of the date of the notice. No hearings on Major
Design Review applications are required but Design Review Staff may
hold hearings where members of the public express interest in theapplication.
Section 11-223. NOTICE OF DECISION.The Design Review Staff
shall notify the applicant of a Maj or Design Review application ofits final decision, including any conditions of approvalwriting within a reasonable time after final review of the
application.
Section 11-224. APPEAL TO PLANNING BOARD Any person
dissatisfied with a decision of the Design Review Staff may file an
appeal to the Planning Board within ten (10) calendar days after
the date of decision. The appeal shall be made in writing and filed
with the Planning Director. Failure to file in 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.
An appeal fee shall be paid and shall consist of a processing fee,
set by Council resolution, plus the actual cost to the City for
preparing the appeal for hearing. The processing fee shall
accompany the request for an appeal. The Planning Board shall
render its decision within forty-five (45) days from the date of
the hear ing
section 11-231.DEFINITIONS.
(a)"Additions" shall mean the expansion of an existing structure
affixed to real property.
(b)"Improvements " shall mean the construction of a structure or
alteration to the exterior of a structure affixed to real
property, which require a building permit.
( c)
(b)
( c)
(d)
( e)
( a)
(b)
( c)
( d)
( c)"Maj or Design Review" shall mean an improvement subj ect
review under section 11-231.
(d)"Minor Design Review" shall mean an improvement subj ect
review under section 11-231.
( e)Replacement-in-kind" shall mean the replacement of any
structure which is identical to the original structure in
terms of location , size , shape , and materials.
(g)
"structure" shall mean a building or facility of any kind , or
any piece of work artificially built up or composed of parts
joined together in some definite manner.
section 11-231.1 IMPROVEMENTS SUBJECT TO MAJOR DESIGN REVIEW.
( a)Construction of a new structure (s) for which a building permit
is required, except where regulated in Section 11-231.3, or;
(b)Additions to commercial , industrial , mixed-use or pUblic-usestructures, or;
Additions to residential structures which are greater thaneighty (80) square feet , or additions located on a second-
story or above.
section 11-231. 2. IMPROVEMENTS SUBJECT TO MINOR DESIGN REVIEW.
( a)Improvements and additions which are not exempt under Section
11-231., and which are not subject to Major Design Reviewor;
Improvements , including additions , to residential structures
in an area subject to architectural review by a property
owners association created pursuant to conditions , covenants
and restrictions and which is required to approve improvements
pursuant to such conditions , covenants and restrictions , or;
Parking lot improvements , as regulated by Section 11-14C7 (i) ,or;
Paving of City sidewalk planter strips; or
SignsTitle.as regulated under Article 4B Chapter 1 of thi
section 11-231.3.EXEMPTIONS.
Interior improvements;
Replacement- in-kind;
Skylights;
Fences;
( e)
( f)
(g)
(h)
(i)
( a)
(b)
Reroofing, when no structural alteration will take place;
Foundation work;
Repair and or replacement of retaining walls;
Decks thirty inches (30") in height or less;
Docks which comply with established City standards.
section 11-232.APPLICATIONS FOR DESIGN REVIEW.
Any person or entity proposing to construct or locate wi thin
the City any improvement subj ect to Design Review, shall file
an application for review of the design, concurrently with the
application for a building permit.
Preliminary review for Major Design Review may be filed with
Design Review Staff, prior to applying for a building permit.Noticing requirements shall be completed during the
preliminary review.
( c)The form of the Design Review applications shall be
required by the Design Review Staff, and shall be accompanied
by architectural and site development drawings to scale , which
shall include all information as specified on the application
form.
( d)Design Review Staff may require additional information from
applicants which is pertinent to the application.
section 11-237. EXPlRATION AND EXTENSION.Design Review
approval shall expire six (6) months from the initial date of
approval unless construction has commenced under valid permits , orthe applicant applies for and is granted one six (6) month
extension by Design Review Staff prior to said expiration.
section This ordinance shall be in full force and effectthirty (30) days from the date of its final passage.
Presiding Officer of Ithe Council
, 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 5th day of,
Mav , 1992 , by the following vote to wit:
NOES:
Councilrnembers Arnerich, Camicia, Lucas and
President Withrow -
Councilme ber Roth -
AYES:
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the
off icial seal of said City this 6th day of , 1992.
Diane
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ci ty of Alameda