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Ordinance 2933CITY OF ALAMEDA ORDINANCE NO. 2933 New Series AMENDING ALAMEDA MUNICIPAL CODE BY REPEALING SUBSECTION 30- 2( d)(9), (R-, TWO-FAMILY RESIDENCE DISTRICT , MINIMUM HEIGHT, BULK AND SPACE REQUIRMENTS), SUBSECTION 30-4.3(d)(10), (R-3, GARDEN RESIDENTIAL DISTRICT , MINIMUM HEIGHT , BULK AND SPACE REQUIRMENTS), SUBSECTION 30-4.4( d)(lO), (NEIGHBORHOOD RESIDENTIAL DISTRICT, MINIMUM HEIGHT , BULK AND SPACE REQUIRMENTS), 30-4.5(d)(1O), (GENERA RESIDENTIA DISTRICT MINIMUM HEIGHT , BULK ANSP ACE REQUIRMENTS), SUBSECTION 30- 6( d)(lO), (HOTEL RESIDENTIA DISTRICT , MINIMUM HEIGHT, BULK AND SPACE REQUIRMENTS), AN SECTION 30-12 (OPEN SPACE; SCHEDULE OF REQUIRD RESIDENTIAL OPEN Sf' ACE) IN THIR ENTIRTY , AND ADDING NEW SUBSECTION 30-4.2(d)(9), (R-, TWO-FAMILY RESIDENCE DISTRICT, MINIMUM HEIGHT, BULK AN SPACE REQUIRMENTS) , SUBSECTION 30- 3(d)(10), (R-, GARDEN RESIDENTIAL DISTRCT , MINIMUM HEIGHT , BULK AND SPACE REQUIRMENTS), SUBSECTION 30-4.4(d)(10), (NEIGHBORHOOD RESIDENTIA DISTRICT, MINIMUM HEIGHT, BULK AN SPACE REQUIRMENTS), 30-4.5(d)(10), (GENERA RESIDENTIA DISTRCT MINIMUM HEIGHT , BULK AND SPACE REQUIRMENTS), SUBSECTION 30- 6(d)(1O), (HOTEL RESIDENTI DISTRICT, MINIMM HEIGHT , BULK SPACE REQUIRMENTS), AND SECTION 30-12 (DEFIITION OF REQUIRD RESIDENTIA OPEN SPACE) OF CHAPTER XX (DEVELOPMENT REGULATIONS) BE IT ORDAIND by the Council of the City of Alameda that: Section 1 The Alameda Municipal Code is hereby amended by repealing Subsection 30-4.2(d)(9) (R-, Two-famly Residence Distrct , minimum height, bulk and space requirements) of Aricle 1 (Zoning District Regulations) of Chapter (Development Zoning Districts and Regulations) and adding new Subsection 30-2(d)(9) (R-, Two-famly Residence District , minimum height , bulk and space requirements) toread as follows: 30-2(d)(9) Usable Open Space Requirements Usable open space is comprised of private open space and commOn open space as defined in 30-12. The following are the minimum open space requirements: a minimum 600 square feet of usable open space per dwellng unit with a minimum of 120 square feet of private open space per ground level dwellng unit; with a minimum of 60 square feet of private open space per non-ground level dwellng unit; with a minimum of 150 square feet of common open space per dwellng unit. There shall be not less than 300 square feet of common open space per lot. Section 2 The Alameda Municipal Code is hereby amended by repealing Subsection Section 30-4.3(d)(1O) (R-3, Garden Residence District , minimum height , bulk and space requirements) of Aricle 1 (Zoning District Regulations) of Chapter (Development Zoning Districts and Regulations) and adding new Subsection Section 30- 4.3(d)(1O) (R-, Garden Residence District, minimum height , bulk and space requirements) to read as follows: 30-3(d)(10) Usable Open Space Requirements Usable open space is comprised of private open space and common open space as defined in 30-12. The following are the minimum open space requirements: a minium 500 square feet of usable open space per dwellng unit with a minimum of 120 square feet of private open space per ground level dwellng unit; with a minimum of 60 square feet of private open space per non-ground level dwellng unit; with a minimum of 120 square feet of common open space per dwellng unit. There shall be not less than 300 square feet of common open space per lot. Section 3 The Alameda Municipal Code is hereby amended by repealing Subsection 30-4.4(d)(1O) (R-4, Neighborhood Residence District , minimum height, bulk and space requirements) of Chapter XX (Development Zoning Distrcts and Regulations) and adding new Subsection 30-4.4(d)(1O) (R-, Neighborhood Residence District, minimum height , bulk and space requirements) to read as follows: 30-4(d)(10) Usable Open Space Requirements Usable open space is comprised of private open space and common open space as defined in 30-12. The following are the minimum open space requirements: a minium 400 square feet of usable open space per dwellng unit with a minimum of 120 square feet of private open space per ground level dwellng unit; with a minium of square feet of private open space per non-ground level dwellng unit; with a minimum of 90 square feet of common open space per dwellng unit. There shall be not less than 300 square feet of common open space per lot. Section 4 The Alameda Municipal Code is hereby amended by repealing Subsection30-5(d)(1O) (R-5, General Residence District, minimum height , bulk and space requirements) of Chapter XX (Development Zoning Districts and Regulations) and adding new Subsection 30-5(d)(1O) (R-, General Residence District , minimum height, bulk and space requirements) to read as follows: 30-5(d)(10) Usable Open Space Requirements Usable open space is comprised of private open space and common open space as defined in 30-12. The following are the minimum open space requirements: a minimum 200 square feet of usable open space per dwellng unit with a minimum of 120 square feet of private open space per ground level dwellng unit; with a minimum of 60 square feet of private open space per non-ground level dwellng unit; with a minimum of 60 square. feet of common open space per dwellng unit. There shall be not less than 300 square feet of common open space per lot. Section 5 The Alameda Municipal Code is hereby amended by repealing Subsection30-6(d)(1O) (R-6, Hotel Residence District , minimum height, bulk and space requirements)) of Chapter XX (Development Zoning Districts. and Regulations) and adding new Subsection 30-6(d)(1O) (R-, Hotel Residence District, minimum height bulk and space requirements) to read as follows: 30-6(d)(10) Usable Open Space Requirements Usable open space is comprised of private open space and common open space as defined in 30-12. The following are the minimum open space requirements: a minimum 120 square feet of usable open space per dwellng unit with a minimum of 120 square feet of private open space per ground level dwellng unit; with a minimum of 60 square feet of private open space per non-ground level dwellng unit; with a minimum of 30 square feet of common open space per dwellng unit. There shall be not less than 300 square feet of common open space per lot. Section 6 The Alameda Municipal Code is hereby amended by repealing Section 30-12 (Open Space) of Aricle 1 (Zoning District Regulations) of ChapterXX (Development Zoning Districts and Regulations) in its entirety and adding Section 30-12 (Definition of Required Open Space) of Aricle 1 (Zoning District Regulations) of Chapter XXX (Development Zoning Districts and Regulations). Usable Open Space is comprised of Private Open Space and Common Open Space. Usable open space is that area of a building site which is landscaped or otherwise developed and maintained for recreation or outdoor living by the occupants. Usable Open Space shall not include yards or other areas having a width of less than eight (8' feet, except for balconies which may have a minimum horizontal dimension of five (5) feet, or areas devoted to automobile access or storage. The following areas shall constitute usable open space as required by subsections 30-2d., 30-4.3d., 30- 4.4d.1O., 30-5d.1O., and 30-6d.1O. (a) Common Open Space Porch , patio, court or other outdoor living area which has common access from more than one (1) dwellng unit and which has a minimum area of three hundred (300) square feet and a minimum horizontal dimension of fifteen (15) feet. Common Open space may include structu,es defined as patio covers in Section 30-2 (Definitions) provided that they are accessory to Common Open Space as herein defined. Common Open space may not include required front yards. (b) Private Open Space Private Open Space shall be accessible from only one unit. Private Open Space shall not be within five (5) feet of a side lot line or ten (10) feet of a rear lot line. Private Open Space in the required front yard may not extend more than one-half (Yz) the depth of the required front yard nor across more than one-half () of the frontage of the building. Any Private Open Space developed in the required front yard shall be enclosed by a perimeter wall or fence not to exceed three (3) feet in height unless the wall or fence complies with Section 30.5.14 (b) (8) in which case it may not exceed four (4) feet in height. The following wil qualify as Private Open Space: 1. Private balcony attached to a dwellng unit with an area of at least sixty (60) square feet and a minimum horizontal dimension of five (5) feet provided such balcony is unenclosed on at least two-thirds (2/3) of its perimeter except for required railings. A balcony which is used for access to a dwellng unit does not qualify for Private Open Space. 2. Porch , deck, patio , or court on ground level accessible from only one unit with a minimum area of one hundred twenty (120) square feet , and a minimum horizontal dimension of ten (10) feet, and is unenclosed for a least 2/3 of its perimeter except for screen fencing not more than six (6) feet high if not in the front yard. Roof Deck with an area of not less than one hundred twenty (120) square feet.and a minimum horizontal dimension of ten (10) feet. Any such roof deck shall have a six (6) foot high wall or screen on at least 2/3 of its perimeter located to provide protection from the wind. Attest: Lara Weisiger , City City of Alameda G:\PLANING\CC\ORDINANCES\2004\open space.doc , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 7th day of December , 2004 by the following vote to wit: AYES:Councilmembers Daysog, Gilmore , Kerr, Matarrese and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF .I have hereunto set my hand and affixed the offcial seal of said City this 8 day of December , 2004. Lara Weisiger, City City of Alameda