Ordinance 2630CITY OF ALAMEDA ORDINANCE NO.
New Series
2630
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
SUBSECTION 30-4.8 (C-1 , NEIGHBORHOOD BUSINESS DISTRICT)
AND BY AMENDING VARIOUS SUBSECTIONS OF SUBSECTION 30-5.
(PERMITTED ENCROACHMENTS IN YARDS) AND CREATING
SUBSECTION 30-5.14 (BARRIERS AND FENCES) OF ARTICLE I
(ZONING DISTRICTS AND REGULATIONS) , CHAPTER XXX
(DEVELOPMENT REGULATIONS)
BE IT ORDAINED by the Council of the City of Alameda that:
section 1 The Alameda Municipal Code is hereby amending
by adding subsection (8) to Subsection 30-4.(c) (Uses Requiring
Use Permits) thereof, to read as follows:8. Pet shops and animal grooming facilities. Such uses
may be allowed only upon a finding that sufficient air conditioning
and soundproofing will be provided to effectively confine odors and
noise so as not to interfere with the public health , safety and
welfare of adj oining properties. No outside pens or runs shall be
permitted .
section 2 The Alameda Municipal Code is hereby
amending subsections 30-5.(c), (d), (f), and
(j),
Encroachment in Yards), thereof , to read as follows:
amended by g
(Permitted z
Decks1. Decks up to twelve ( 12" ) inches in height may
encroach into any required side and rear yard. Decks from twelve
(12") inches to twenty-four (24") inches in height shall be set
back a minimum of three (3') feet from the side and. rear propertylines. Decks from twenty-four (24") inches to thirty-six (36"
inches in height shall be set back a minimum of five (5') feet from
the side and rear property lines. No deck that exceeds three (3'
feet in height at any .point shall be permitted to encroach into a
required yard area.2. The height of each level of deck shall
calculated separately and the required setback that correlates with
the height of each level shall be applied to the portion of the
deck at that level.3. On sites with a slope of ten (10%) percent.. or
greater deck heights may be averaged and setbacks calculated based
on the average height of numerous points. In such cas , any
configuration of terraces or levels may be approved that provides
for privacy for adjoining properties , lack of impacts from shading
of adjoining properties , and safety without precisely meeting the
setback requirements of this subsection.
4. Decks above thirty-s ix inches (36" ) inches may berequired to provide barriers , as provided in Section 30-5., orlandscaping of sufficient height to provide screening, as part ofDesign Review , to address privacy impacts. Roof decks , howevermay be required to provide a six (6'foot architecturallycompatible visual screen to ensure privacy to neighboringproperties.5. Decks above three (3') feet in height and in excessof two hundred (200) square feet in size shall be considered aspart of the building coverage requirements. Decks subject tocoverage requirements shall be calculated at fifty percent (50%) oftheir area in excess of two hundred (200) square feet.6. Decks or balconies which are less than fifty (50)square feet , have no exterior access and are cantilevered orsupported from the structure may be allowed to extend three (3'
feet into the required front , rear or street-side yard; however , inno case shall such a deck be less than three (3') feet from anyproperty line. Such decks shall not project more than six (6) feetfrom the supporting wall to its furthest outward extension.d. Bay windows and similar features that increase floor
area or enclosed space , may extend three (3' ) feet into anyrequired front , rear or street-side .yard and in no case less thanthree (3 ') feet from any property line. Minimum headroom belowsuch encroachments shall be seven and one-half (7 1/2') feet. Baywindows may be 1) square, 2) oblique, 3) polygonal , or 4) rounded.Encroaching bay windows shall not extend horizontally across morethan one-half (1/2) of the linear wall surface to which they areaff ixed. The maximum length of each bay shall be ten (10') feetand the minimum horizonta separation between bays shall be five(5') feet. Bay windows shall not :mcroach into yard areas at any
other level than the story on which the window openings or glazings
are located except that ornamental brackets or canopies may berequired and approved through Design Review.f. Patio covers attached to or detached from a main
accessory building may encroach into any required yard or rear yardbut shall not extend within five (5') feet of the side and rearproperty lines. maximum height of fifteen (15') feet , asmeasured from grade shall be permitted for a patio cover.Detached patio covers shall be separated from each main andaccessory building on the same lot by a distance not less than five
(5' ) feet and shall be subj ect to coverage requirements foraccessory buildings. Attached patio covers shall be separated from
buildings on the same lot to which they are not attached by notless than five (5'feet. Patio covers shall be subject tocoverage requirements for main buildings when attached to ' a mainbuilding and for accessory buildings when attached to an accessory
building. No detached patio cover shall be permitted to occupy any
portion of the front half of a corner lot. Unenclosed portions ofpatio covers shall be permitted to be fitted with removable plastic
or screen panels as regulated under the Uniform Building Code.
j.
Uncovered wheelchair ramps or other structures
providing disabled access may encroach into any required front
side or rear yard as long as the access structure provides
continuous access from the street or parking area to an entrance
the building. The encroachment shall be the minimum necessary to
provide safe and adequate access and shall be subject to Design
Review.
section The Alameda Municipal Code is hereby amended by
adding subsection 30-5.14 (Barriers and Fences), thereof, to readas follows:
30-5.Barriers and Fences.
Barriers , as defined herein , may be constructed in all
use districts within the property boundaries of the individualaccording to the def ini tions , standards , and provisions ofsubsection.
landlotsthis
Purpose.The purpose of this section shall be:1. To provide adequate light and air into and between
buildings and streets.2. To protect the character of Alameda's neighborhoods
and promote the obj ecti ves of the "Design Review Manual"
3 . To develop streets which encourage pedestrian use
through the maintenance of visually pleasant streetscapes.4. To protect public health and safety by prohibiting
potentially dangerous fencing materials and by limiting fence
heights in visibility zones.b. Definitions. The definitions included in this
subsection are a partial list of definitions which are specific tothe interpretation of this subsection. Additional definitions are
listed in section 30-2.
1. Arbor is defined as decorative latticework
structure or trellis made of see-through style materials which isused as an entrance focal point along a barrier.
2. Barrier is defined as anything whic is used as a
boundary or means of protection or confinement including but notlimi ted to , fences , walls , and hedges and the elements of suchbarriers including, but not limited to , posts and other supporting
framework.
3. Buildinq Envelope is the area of land on a parcel
wi thin the required yards for a main building as regulated by this
chapter.
4. Chain-Link Fencinq is defined as any fencing
composed of or appearing to be composed of diagonal grid woven wire
fencing material including, but not limited to , cyclone fencing,chain-link fencing, or diamond shaped plastic-link fencing.
5. Edqe of Vehicular Travel Wav is the curb-line of a
public or private roadway or the edge of payment or driveway where
no curb-line exists.
6. Grade is defined as the lowest point of elevation
of th finished surface of the ground , paving or sidewalk.
7. public or Ouasi-Public Land Uses are those usesincluding, but not 1 imi ted to , public streets; public open space
and waterways; commonly owned , private open spaces and waterways;
schools and their grounds; churches and their surrounding open
areas; and other non-residential ,institutional uses.
8. See-Throuqh Style refers to any fencing material in
which the amount of opaque fence material , excluding its supportingposts, is less than 50% of any square foot of said fenc ng materialand may include , but is not limited to , pickets , lattice , ordecorative wrought iron.
9. street Side Yard is the area of a corner lot that
consists of the side yard adjacent to the street , and that portion
of the rear yard that would be included in the rearward ext nsion
of the side yard adjacent to the street.
10. visibility Zone is determined by the City Engineer
and is generally the area on a corner of two (2) intersecting
vehicular travel ways encompassed by a triangle , two (2) of thesides of which are no less than twenty (20 ') feet in length and are
coincident with the edge of a vehicular travel way except in
specific cases where the city Engineer determines that safety
considerations require a modified visibility zone.c. Barrier Heights.the following limitations
provided in this title:
1. The height of a barrier at any given point shall
generally be the distance between the maximum vertical extent ofthe barrier at that point and the level of the grade withineighteen (18") inches horizontally of a pc- int directly below agiven point.
Barrier heights shall be subject toexcept as otherwise specifically
The height of barriers over the Bay shall be measuredstarting at four (4') feet above City of Alameda datum, which I is
the same as sixteen and one half (16.5) feet above mean lower lowtide.
2. In front yards on residentially zoned or developed
properties barriers shall not exceed three (3') feet in height
except as permitted elsewhere in this subsection.3. In side and rear yards on residentially zoned or
developed properties barriers shall not exceed six (6') feet inheight, except as permitted elsewhere in this subsection.
4 . In required setback areas on parcels in commercial
and industrial districts barriers shall not exceed eight (8') feet
in height, except in visibility zones or on residentially developedlots, as permitted elsewhere in this subsection.
5. In visibility zones no barrier shall exceed three (3'
feet in height.
Exceptions to Limitations on Barrier Height:1. Barriers otherwise limited to three (3') feet inheight, may be vertically extended up to four (4') feet in height
with see-through style fencing material.2. Barriers otherwise limited to three (3') feet inheight may be vertically extended up to five (5') feet with see-
through style fencing material , subject to approval by the Planning
Director , who shall consider the compatibility of the fence design
with its site and surrounding uses.3. Barriers otherwise limited to six (6'feet
height may be extended up to eight (8 I ) feet in height with see-
through style fencing material.4. Barriers located within a permitted building
envelope may be extended up to the allowed building height in that
zone as permitted by this . chapter.
5. Arbors and decorativeapproval by the Planning Director compatibility of the arbor or fence post
and surrounding uses.
fence posts subj ect
who shall consider the
with the barrier , its site
Prohibited Fencing Materials:1. Barbed wire, razor wire and other similar materials
shall not be permitted as any part of any barrier , as defined and
regulated by this section.2. The use of chain-link fencing shall not be permitted
as a part of any barrier on a residentially zoned or d veloped
property except as specifically permitted by this section.
Exceptions to Prohibited Fencing Material:
1. Chain-link fences up to six (6') feet in height may
be permitted in rear and side yards on residentially developed
properties , where such yard is not a street side yard nor a rear
yard of a corner or double-frontage lot , and where any such yard is
not adjacent to public and quasi-public land uses.2. If not otherwise permitted , and where no feasible
fencing material alternative exists, chain-link fences, not located
in the front yard of residentially developed parcels , may be
permitted when required for recreation or safety reasons , subject
to Use Permit Approval , which shall be conditioned to mitigate
negati ve visual impacts. Such conditions may include , but are not
limited to any or all of the following:
(a) Inclusion of decorative elements such
varied mesh sizes , vinyl or other colored coating, and alternative
post materials.
(b) Inclusion of landscaping or other screening
al ternative fence locations.
(c)Maintenance fencing materials and
landscaping.
g.
Non-Conforming Fences. Non-conforming
permitted as regulated by section 30-20.
fences may be
Section 4.Severability Clause. It is the declared intent
of the City Council of Alameda that if any section , subsection,
sentence , clause , phrase , or provision of this ordinance is held
invalid or unconstitutional by a court of competent jurisdictiJn
such invalidity or unconstitutionality shall not be so construed as
to render invalid or unconstitutional the remaining provisions of
this ordinance.
section 5 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.
Attest :
ci ty Clerk
I, the undersigned, hereby certify that the foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City
Alameda in regular meeting assembled on the 18th day of,
May , 1993 by the following vote to wit:
NOES:
Councilmemers Appezzato, Arnerich, Lucas , Roth
and President Withrow -
None.
AYES:
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed theoff icial seal of said City this l q+h day of . Mr'Y , 1993
J1LDiane. Felsch , City Clerk
City of Alameda