Ordinance 2850CITY OF ALAMEDA ORDINANCE NO. 2850
APPROVING ZONING TEXT AMENDMENT ZTAOO-, TO ADD A NEW
SECTION 30-9A TO THE ALAMEDA MUCIPAL CODE ESTABLISHING
THE C-C ZONIG DISTRICT AN TO AMEND SECTIONS 30-AN 30-12.1
DEFINTIONS , IN CONNCTION WITH ESTABLISHMENT OF THE C-
ZONING DISTRICT WITHIN THE ALAMEDA MUCIPAL CODE
BE IT ORDAID by the Council of the City of Alameda that:
Section 1.The Alameda Municipal Code is hereby amended by adding Section
30-, creating a Communty Commercial Zoning Distrct for the Park Street and Webster Street
Business Districts to read:
CHAPTER 30-
COMMUNITY COMMERCIAL ZONE
The Community Commercial Zoning Distrct is intended to provide for general retail
personal service use , offices , restaurants , hotels/motels , service stations , public and quasi-
public uses and similar and compatible uses serving a community-wide need under design
standards which ensure compatibility and harmony with adjoining land uses. Emphasisis
on pedestrian-oriented retail and service uses on the ground floor level , with office and
residential uses on the upper levels. Automobile related uses are regulated by use permit and
prohibited on Park Street and Webster Street frontages.
A. GENERAL
B. USES PERMITTED
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
The following retail sales and services are permitted in the C-C District:
Antiques and Collectibles
Appliances , large and small
Ar Gallery
Ars and Crafts Supplies
Ars and Crafts Store
Bakery, including use of the commercial kitchen for catering as an accessory use.
Bank , Saving and Loan, including ATM facilities but excluding drive-through facilities
Bicycle Store
(i) Blueprint Shop
CD Books , Periodicals , and Comics , including Reading Rooms.
(k) Camera Store
(1) Candy Store
(m) Clock or Watch Store
(n) Clothing Store , new inventory only.
(0) Coffee House , including retail.
(P) Coin Store
(q) Computer Store(r) Delicatessen(s) Department Store
(t) Drug Store and Pharacy, including fountain and food service.
(u) Dwelling Units - when the units are located in structures also containing nonresidential uses
and are not located on the ground floor.
(v) Electronic Items , retail only
(w) Fabric & Notions
(x) Florist
(y) Frame Shop
(z) Furniture Store , new inventory only.
(aa) Grocery Store
(bb) Hairstyling, including related accessory uses such as mancures, pedicures , make-up, facials
waxing, electrolysis , and tanning. Piercing, tattoo and massage allowed when accessory to
the primary use of hairstyling provided no more than 2% of the floor area is devoted to the
accessory use.
( cc) Hardware Store
(dd) Home furnishings
(ee) Ice Cream Store
(ft) Jewelr or Beads Store, including piercing as an accessory use provided no more than 2% of
the floor area is devoted to the accessory use.
(gg) Laundry and Cleaning establishments , including pressing, spotting, garent repair and
alterations and self-operated facilities when accessory to the primary use.
(hh) Lighting Fixtures
(ii) Luggage Store
Gj) Medical Supplies Store
(kk) Music Store , including the sale of recorded music , sheet music and instruments.
(ll) Newspaper offces
(mm) Offce uses (medical and professional) not associated with permitted retail sales use of the
site , provided that for any frontage of a building adjoining a public street , public alley or
public sidewalk, fift (50%) percent in depth ofthe ground floor space nearest such frontage
shall be reserved for retail sales and/or service uses permitted in the district.
(nn) Paint and Wallpaper Store
(00) Pet Supplies , Pet Grooming, or Pet Sales providing a finding is made by the Planing Director
that suffcient air conditioning and soundproofing wil be provided to effectively confine
odors and noise so as not to interfere with the public health , safety and welfare of adjoining
properties. No outside pens or runs shall be permitted. Pet Boarding allowed as an accessory
use.
(Pp) Photography Store, including photo developing and studio.
(qq) Plumbing and Electrical supply or fixture Store , provided more than 50% of the floor space
is devoted to retail sales.
(rr) 'Political Campaign Offces , not to exceed 6 months total time nor 8 months if the campaign
is both primary and election.
(ss) Printing establishment
(tt) Repair Shop for shoes , radios/televisions , small domestic appliances , watches & jewelry and
similar non-auto related items.
(uu) Restaurant , coffee shop, snack bar, lunch counter, including catering as an accessory use but
excluding drive-through service.
(vv) Shoe Store
(ww) Sporting Goods Store , Golf Shop and similar sports supplies store.
(xx) Stationery & Card Store
(yy)
Tailor and Dressmaking, Haberdashery, Millnery excluding wholesale manufacturing.
(zz) Toy Store
(aaa) Travel Agency
(bbb) Video Store , including retail and rental.
Other uses which the Planing Director finds similar to the above list and consistent with the purpose
ofthe CC Zoning District , provided the following uses are expressly prohibited: Check Cashing
Business , Gun and Firears Sales when more than 5% of the floor area is devoted to this use
Massage Establishments except massage is allowed.asahome occupation and accessory to health
care uses and hairstyling, PawnShop, Piercing Shop exceptas an accessory use to Hairstyling and
Jewelry Store, Tobacco and Tobacco Products. Stores except the sale of tobacco and. tobacco
products is allowed as accessory.. to other permitted or conditionally permitted uses. in the CC
Distrct, Tattoo Shop except as an accessory use to Hairstyling.. The Determination of Similar Use
by the Planning Director shall be included on the agenda for the next available Planing Board
meeting and confirmed by the Planning Board. Determinations of Similar Use are also subject to
appeal pursuant to Section 30-25.
C. USES REQUIRING USE PERMITS
The following retail sales and services require approval of a Use Permit in the C-C District by the
Planning Board as regulated by Section 30-21.3. In addition to the findings included inSection 30-
21.3 approval of a use permit is subj ect to finding the use consistent with the policies of the General
Plan and the purpose of the CC Zoning District.
(a) Any use in this district that does business between the hours of 10:00 p.m. and 7:00 a.
(b) Any permitted or conditional use which is not conducted within an enclosed structure.
(c ) Athletic Club & Health facilities , including massage as an accessory use.
(d) Auditoriums
( e) Automobile Detail Shop. In the Park Street C-C District this use shall not front on nor have
access to Park Street. In the Webster Street C-C District this use shall not front on nor have
access to Webster Street and shall be further limited to the area north of the centerline of
Pacific Avenue and the area at the southwest corner of Webster Street and Pacific Avenue
bounded by lines 85 feet south of the Pacific Avenue right-of-way and 118 feet west of the
Webster Street right-of-way.
Automobile Parts Store, wholesale & retail
Automobile Rental , subject to the location restrctions specified in Chapter 30-9A ( C ) ( e).
Automobile Repair Shop, subject to the location restrictions specified in Chapter 30-
( C )(e).
Automobile Showroom/Sales , provided it is within a completely enclosed building and
excluding businesses with sales devoted primarily to use vehicles.
Bars , within the Park Street C-C Distrct only. Bars are not allowed in the Webster Street C-
District.(k) Beauty College
(1) Bed & Breakfast facility, upon compliance with standards set forth in the definition for bed
and breakfast in Section 30-
Business College
Catering Business
Commercial Parking lot or structure
Convenience Store
Day Spa , including massage as an accessory use.
Drive-through restaurant and other drive-through establishments ,. but excluding drive-
movie theater subject to the location restrictions specified in Chapter 30-9A (e).(s) Dwelling Units , provided they are located on the second or third floor only when the units do
not comply with the off-street parking requirements.
Gasoline service stations , exclusive of body, chassis and painting work , provided that all
operations except the service with gasoline, oil , air and water shalLbeconducted within a
building. See also yard requirements for gasoline stations , paragraph g.ofthis subsection and
driveway requirements subsection 30..5. 7i.
(u) Gun and Firearms sales when accessory to a Sporting Goods Store provided the gun &
firearms sales are limited to no more than 5% of the retail area.(v) Hotel & Motel , provided floor area devoted to a retail service use allowed within this district
is included on the ground floor.
(w) Liquor store(x) Lodge Hall and Social Club
(y)
Martial arts , dance , j azzercise and similar uses.(z) Medical facility
(aa) Music studios
(bb) Offce use not associated with a permitted or conditional use in this district and/or is located
within 50% of the depth of the ground floor space adjoining a public street , public alley or
public sidewalk.
(t)
(g)
(h)
(i)
(m)
(n)
(0)
(P)
(q)
(r)
(t)
(cc) Plant Nursery
(dd) Public park, public and private school , church and religious institution, library, nursery and
day care center , playground , fire station and other public buildings and uses included in the
General Plan.
(ee) Public & private utilities , including above ground and underground facilities primarily for
local service such as substations , gas regulators , manned or unmanned communications
equipment buildings , and similar uses.(ft) Self-operated Laundry and Cleaning Establishments.
(gg)
Small upholstery shops , exclusive of refinishing and other furniture repair or manufacturing
(hh) Stores devoting commercial area, gross sales , or inventory, to the sale of second quality,
irregular or discontinued merchandise or to the liquidation of merchant's or manufacturer
stock.(ii) Tavern.
Gj) Theater, including movie and live.
(kk) Those portions of grocery stores devoted to the sale of alcoholic beverages.(ll) Upholstery Shop, exclusive of refinishing and other furniture repair or manufacturing.
(mm) Used Household Aricles and Clothing Stores.
(nn) Veterinary clinic and/or veterinary hospital , provided the Planning Board finds the use has
sufficient air conditioning and soundproofmg to effectively confine odors and noise so as not
to interfere with the public health, safety and welfare. No outside pens or runs shall be
permitted.
Other Uses which the Planning Director finds similar to the above list and consistent with the
purpose ofthe CC Zoning District subject to use permit approval by the Planning Board, provided
the following uses are expressly prohibited: Check Cashing Business , Gun and Firears Sales when
more than 5% of the floor area is devoted to this use , Massage Establishments except massage is
allowed as a home occupation and accessory to health care uses and hairstyling, Pawn Shop, Piercing
Shop except as an accessory use to Hairstyling and Jewelry Store , Tobacco and Tobacco Products
Stores except the sale of tobacco and tobacco products is allowed as accessory to other permitted or
conditionally permitted uses in the CC District, Tattoo Shop. The Determination of Similar Use by
the Planing Director shall be included on the agenda for the next available Planing Board meeting
and confirmed by the Planing Board. Determinations of Similar Use are also subject to appeal
pursuant to Section 30-25.
D. ACCESSORY USES, BUILDINGS, AND STRUCTURES
The following accessory uses , buildings and structures are permitted in the CC District:
Incidental storage and accessory uses , including repair operations and services , provided such uses
shall be incidental to the retail sale of products on the premises , shall not employ more than five (5)
persons excluding sales personnel , and shall be placed and constructed as not to be offensive or
objectionable because of odor , dust , smoke , noise or vibration.
Other uses and structures which are customarly incidental and clearly subordinate to permitted and
conditional use as determined by the Planing Director.
E. DESIGN REVIEW REQUIRED
All new structures or buildings , or exterior revisions of any existing strctures or buildings for both
permitted and conditional uses shall require Design Review pursuant to Aricle II Section 30-35.
F. SIGNS
Signs are allowed as provided by Section 30-6 of this article. A sign permit is required prior
to placement of any signage on propert in Alameda.
DEVELOPMENT REGULATIONS
1. Lot Area and Lot Width:
2. Building Height Limit:
3. Building Coverage:
4. Front Yard:
5. Side Yard:
None
Building height shall be regulated as follows:
Park Street Distrct - Maximum height shall be five (5)
stories but not to exceed sixty (60) feet for properties
fronting on Park Street north of Encinal Avenue. In the
remaining areas of the Park Street C-C Distrctthe height
limit shall be three (3) stories but not to exceed fort (40)
feet and the height within this area may be increased to a
maximum of five (5) stories but not to exceed sixty (60)
feet upon approval of a use permit. Parking strctures
including parking strctures which have a commercial use
component , are exempt from the height limit provided the
strcture does not exceed six (6) .stories , the commercial
floor area does not exceed 50% of the overall floor area of
the strcture , and public par1.ing is provided in addition to
the parking required for the commercial component.
Webster Street Distrct - Maximum height shall be three (3)
stories but not to exceed fort (40) feet throughout the C-
Distrct.
Buildings may cover one hundred (100%) percent of the
building site , provided the ratio of all floor space to lot size
shall not exceed three (3) to one (1).
None
No yard or a minimum of twelve (12') feet, however, where
any lot abuts a residential distrct there shall be a minimum
side yard of five (5') feet.
6. Rear Yard:None , however, where the rear portion of the lot
accessible from astreet, alley or parking lot, or combination
thereof, the rear yard shall be a minimum of twelve (12'
feet; provided, further, that any structure may project over
such required rear yard if a fourteen (14') foot clear vertical
distance between the strcture and ground level is
maintained.
7. Yards for gasoline service stations. (In addition to the yard requirements prescribed for
the zoning districts.
(a) A setback often (10') feet shall be maintained from propert lines that abut the rear
yard ofalot located ina residential distrct or a lot in residential use.
(b) A setback of fifteen (15') feet shall be maintained from propert lines that abut the
side yard of a lot located in a residential distrct or in residential. use.
8. Off-street Parking and Loading Space: As regulated by Section 30-
Section 2.Sections 30-2 and 30-12.1 of the Alameda Municipal Code are hereby amended
to add , delete and/or amend the following definitions:
Add a new definition to Section 30-
Banks , Savings & Loan Services. Financial institutions that provide retail banking services to
individuals and businesses. These institutions include banks , savings and loans , credit unions
security brokers and real propert lending institutions. It does not include check cashing or payday
advance uses.
Add a new definition to Section 30-2 and deleting the current defiuition in Section 30-12.
Bar. A place where alcoholic beverages are sold in unpackaged form for consumption on the
premises , does not include food prepared in a kitchen located on the premises and does not admit
persons under the age of2 L This classification includes businesses with Alcoholic Beverage control
(ABC) licenses 40 , 42 , or 61.
Add a new definition to Section 30-
Check Cashing and Personal Loan Services. Businesses whose primar purose is to provide limited
financial services to individuals , such as check cashing and deferred deposit loans. This includes
check cashers , payday advance businesses and other business regulated by the State of California
Check Casher Permit Program , per the California Civil Code, Section 1789. A check cashing use
in conjunction with another use wil be considered accessory to the use ifthe check cashing is not
advertised outside the business premises or by signs visible from the outside of the building.
Revise the current definition in Section 30-2 to read as follows:
Convenience Store. Retail sales of food , beverage and small convenience items primarily for off-
premises consumption and typically found in establishments with long or late hours of operation
(including open between the hours oflO:OO a.m. and 7:00 p.) and/or within a building with a floor
area of less than 5 000 square feet. This definition excludes tobacco stores , liquor stores
delicatessens , confectioneries and other speciality. food shops and establishments having a sizeable
assortment of fresh frits and vegetables , and fresh-cut meat, fish or poultry.
Add a new definition to Section 30-
Day Spa. A facility which specializes in the full complementofbody care including, but not limited
, body wraps , facials , pedicures , make-up, hairstyling, nutrition, exercise , water treatments and
massage which is open primarly during normal daytime business hours and without provisions for
overnight accommodations.
Add a new definition to Section 30-
Offices , Business and Professional. Offces of firms or organizations providing professional
executive , management, or administrative services such as architectural , engineering, real estate
insurance , investment, legal, and medical/dental offices. This classification includes medical/dental
laboratories incidental to an offce use , but excludes Bans , Savings and Loan and Check Cashing
uses.
Add a new definition to Section 30-
Restaurant. A use which provides food and/or beverages primarily for on-site consumption
including full-service restaurants and small self-service restaurants. Restaurant uses shall include
a commercial kitchen.
Add a new definition to Section 30-
Restaurant , Fast Food and Drive-through. Businesses that offer quick food service which is
accomplished through a limited menu of items already prepared and held for service, or prepared,
fried or griddled quickly. Orders are not generally taken at the customer s table , and food is
generally served in disposable wrapping or containers.
Revise the current definition in Section 30-2 to read as follows:
Tavern. A use which provides food and/or beverages primarily for.on-site consumption including
the sale of alcoholic beverages. Tavern uses shall include a commercial kitchen.
Add a new definition to Section 30-
Tobacco and Tobacco Products Stores. Businesses devoted primarly to the sale oftobacco products
as defined by (a) devoting 20 percent or more of total floor area or display area to or (b) deriving
75% or more of gross sales receipts from , the sale or exchange or tobacco-related products.
Section 3.The above amendment shall be known as and reference to as Reclassification
Amendment , C-C Zoning District.
Section 4 . 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:
\\
/J
******
Revised 12/20/00
, the undersigned , hereby certify that the foregoing Ordinance , with the exception of Section
C. (Uses requiring use permits), Item (e) (Automobile Detail Shops), was duly and regularly adopted
and passed by the Council of the City of Alameda in regular meeting assembled on the 19th day of
December , 2000 by the following vote to wit:
AYES:Councilmembers Daysog, DeWitt , Johnson , Kerr
and Mayor Appezzato - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
, the undersigned , hereby certify that Section C. (Uses requiring use permits), Item (e)
(Automobile Detail Shops), of the foregoing Ordinance was duly and regularly adopted and passed
by the Council ofthe City of Alameda in regular meeting assembled on the 19th day of December
2000 by the following vote to wit:
AYES:Councilmembers DeWitt , Johnson , and Mayor Appezzato - 3.
NOES:Councilmembers Daysog and Kerr - 2.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affxed the official seal of said City this
20th day of December , 2000.
. ne Felsch , City Clerk
City of Alameda