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Ordinance 2943CITY OF ALAMEDA ORDINANCE NO. 2943 New Series AMENDING THE ALAMEDA MUICIPAL CODE BY AMENDING VARIOUS SECTIONS OF CHAPTER (DEVELOPMENT REGULATIONS) BE IT ORDAIND by the Council of the City of Alameda that: Section 1 Section 30-(Definitions) of Aricle I (Zoning Districts and Regulations) of Chapter XX (Development Regulations) are hereby amended by adding or revising the following definitions: Building Height (maximum), shall be established by an assumed plane , as measured perpendicularly ftom the existing grade , and as prescribed by the subject zoning district. Except as provided for under section 30-8 (Height Exceptions), no portion of the structure, including any part of the roof, may project above the assumed plane. Grade, Existing (Adjacent Ground Elevation) is the lowest point of elevation of the finished surface of the (ground, paving or sidewalk within the area between the building and the property line or, when the property line is more than 5 feet ftom the building, between the building and a line 5 feet ftom the building. Story is that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.. If the finished floor level directly above a usable or unused under-floor spaceis more than 6 feet above grade , as defined in the Alameda Building Code, for more than 50 percent of the total perimeter or is more than 12 feet above grade , as defined in the Alameda Building Code , at any point , such usable or unused under floor space shall be considered as a story. Section 2 Section 30-(Definitions) of Aricle I (Zoning Districts and Regulations) of Chapter XX (Development Regulations) are hereby amended by repealing the following definition: Basement shall mean a space partly or wholly underground and having more than one-half (Y:) its height measured ftom its floor to its finished ceiling below the average adjoining grade. Ifthe finishedfloorlevel directly above abasement is more than six ( 6') feet above grade. at any point , such basement shall be considered a story. Section 3 The Alameda Municipal Code is hereby amended by amending Subsection 30-, (R-, One-Family Residence District) of Section 30-4 (District Uses and Regulations) of Aricle I (Zoning Districts and Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-1 (d) Minimum Height, Bulk and Space Requirements. 4. Building Height Limit: not to exceed thirty (30') feet. 6. Side Yard: Side yards shall total not less than twenty (20%) percent of the lot width (as defined in Section 30-2--Definitions), and no side yard may either be less than five (5') feet or be required to be more than ten (10') feet. The side yard on the street side of a comer lot shall not be less than ten (10' feet. Section 4.The Alameda Municipal Code is hereby amended by amending Subsection 30-4.2 (R-, Two-Family Residence District) of Section 30-4 (District Uses and Regulations) of Aricle I (Zoning Distrcts and Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-2( d) Minimum Height, Bulk and Space Requirements. 4. Building Height Limit: not to exceed thirty (30') feet. 6. Side Yard: Side yards shall total not less than twenty (20%) percent of the lot width as measured at the front yard (as defined in Section 30-2-- Definitions), and no side yard may either be less than five (5') feet or be required to be more than ten (10') feet. The side yard on the street side of a comer lot shall not be less than ten (10') feet. Section 5 The Alameda Municipal Code is hereby amended by amending Subsection 30-4.3(R-3 Garden Residential District) of Section 30-4 (District Uses and Regulations) of Aricle I (Zoning Distrcts and Regulations) of Chapter (Development Regulations) to read as follows: 30-3(d) Minimum Height , Bulk and Space Requirements. 4. Building Height Limit: not to exceed thirty five (35') feet. 6. Side Yard: Side yards shall total not less than twenty (20%) percent of the lot width as measured at the ftont yard (as defined in Section 30-2 -- Definitions), and no side yard may either be less than five (5') feet or be required to be more than ten (10') feet. The side yard on the street side of a comer lot shall not be less than ten (10') feet. Section 6 The Alameda Municipal Code is hereby amended by amending Subsection 30-4.4 (R-, Neighborhood Residential District) of Section 30-4 (District Uses and Regulations) of Aricle r (Zoning Distrcts and Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-4.4(d) Minimum Height , Bulk and Space Requirements. 4. Building Height Limit: not to exceed thirty five (35') feet. 6. Side Yard: Side yards shall total not less than twenty (20%) percent of the lot width as measured at the front yard (as defined in Section 30-2-- Definitions), and no side yard may either be less than five (5') feet or be required to be more than ten (1 0') feet. The side yard on the street side of a comer lot shall not be less than ten (10') feet. Section 7 The Alameda Municipal Code is hereby amended by amending Subsection 30-, (R-, General Residential District) of Section 30-4 (District Uses and Regulations) of Aricle I (Zoning Districts and Regulations) of Chapter (Development Regulations) to read as follows: 30-5( d) Minimum Height , Bulk and Space Requirements. 4. Building Height Limit: not to exceed forty (40) feet. 6. Side Yard: Side yards shall total notless than twenty (20%) percent of the lot width as measured at the ftont yard (as defined in Section 30-2-- Definitions), and no side yard may either be less than five (5') feet or be required to be more than ten (10') feet. The side yard on the street side of a comer lot shall not be less than ten (10') feet. Section 8 The Alameda Municipal Code is hereby amended by amending Subsection 30-6 (R-, Hotel Residential District) of Section 30-4 (District Uses and Regulations) of Aricle I (Zoning Distrcts and Regulations) of Chapter (Development Regulations) to read as follows: 30-6(d) MinimumHeight , Bulk and Space Requirements. 4. Building Height Limit: not to exceed fifty (50) feet. 6. Side Yard: Side yards shall total not less than twenty (20%) percent of the lot width as measured at the ftont yard (as defined in Section 30-2-- Definitions), and no side yard may either be less than five (5') feet or be required to be more than ten (10') feet. The side yard on the street side of a comer lot shall not be less than ten (10') feet. Section 9 The Alameda Municipal Code is hereby amended by amending Subsection 30-7 (AP , Administrative-Professional District) of Section 30-4 (District Uses and Regulations) of Aricle I (Zoning Districts and Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-7(d) Minimum Height , Bulk and Space Requirements. 6. Side Yard: Side yards shall total not less than twenty (20%) percent of the lot width as measured at the ftont yard (as defined in Section 30-2 -- Definitions), and no side yard may either be less than seven (7') feet or be required to be more than twenty (20') feet. The side yard on the street side of a comer lot shall not be less than ten (10') feet. Section 10 The Alameda MunicipalCodeis hereby amended by amending Subsection 30-8 (C-, Neighborhood Business Distrct) of Section 30-4 (District Uses and Regulations) of .Aricle I (Zoning Districts and Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-8(d) Minimum Height , Bulk and Space Requirements. 4. Side Yard: No setback shall be required,. except where. the side yard. of a lot abuts an R District, then a minimum side yard of five (5') feet shall be maintained. Section 11 The Alameda Municipal Code is hereby amended by amending Subsection 30-9 (C-, Central Business Distrct) of Section 30-4 (District Uses and Regulations) of Aricle I. (Zoning Districts and Regulations) of Chapter (Development Regulations) to read as follows: 30-8( d) Minimum Height, Bulk and Space Requirements. 5. Side Yard: No setback shall be required, however if a setback is provided then it shall be a minimum of twelve (12'feet. As to lots with side yards that abuts an R District , a minimum side yard of five (5') feet shall be maintained. Section 12.The Alameda Municipal Code is hereby amended by amending Subsection 30-7 (k) of Subsection 30-7 (Projections ftom buildings and Roof Planes , Permitted Encroachments , and Treatments of Minimum Required Yards) of Aricle I (Zoning Distrcts and Regulations) of Chapter XX (Development Regulations) to read as follows: k. Exceptions to allow additions with less than the required minimum side yards.If a main building has less than the required side yard setback additions may be approved with existing setbacks , or none, if none exist , if the following finding can be made: No adverse effects such as shading or view blockage will occur on adjoining properties. 1. New cantilevered projections above the first story which are to have the same or less horizontal area as an existing first story projection , maybe approved with the existing projection s setbacks. 2. If necessary to make the finding in the section above, or to address Design Review or building code concerns , the Director may require a setback greater than those existing, but stil allow a setback( s) that is less than the minimum required side yard or street side yards of comer lots prescribed by the subject zoning district. Section 13.The Alameda.Municipal Code is hereby amended by amending Subsection 30-(1) of Subsection 30-(Projections ftom buildings and Roof Planes , Permitted Encroachments , and Treatments of Minimum Required Yards) of Aricle I (Zoning Districts and Regulations) of Chapter XX (Development Regulations) to read as follows: 1. hl exception to the setback requirements of this chapter for stories above the ground floor , an addition at the second floor level may be approved with exterior walls in the same plane as the walls of the existing building below if the following finding can be made: No adverse effects such as shading or view blockage wil occur on adjoining properties. 1. If necessary to make the finding in the section above , or to address Design Review or building code concerns , the Director may require a setback greater than those existing, but stil allow a setback(s) that is less than the fiinimum required side yard or street side yard of comer lots prescribed by the subj ect zoning district. Section 14.The Alameda Municipal Code is hereby amended by amending Subsection 30-(Location of Parking Spaces and Prohibited Parking Areas) of Section 30-7 (Off-Street Parking and Loading Space Regulations) of Aricle I (Zoning Distrcts and Regulations) of Chapter XX (Development Regulations) to read follows: 30-8 Location of Parking Spaces and Prohibited Parking Areas All parking spaces , whether required or in excess of this section , shall be provided on the same parcel as the use which is generating the parking demand. A use permit shall be required if parking spaces , whether required or in excess of this section , are proposed on a separate parcel than the use which generating the parking demand. Parking spaces provided in compliance with this section are subjectto the following additional requirements: Residential Zones, and Residential Uses in Non-residential Zones: 1. No parking space may be located in any minimum required ftont yard , or in any minimum required side yard on the street side of any comer lot. Parking spaces may be located within minimum required .side and rear yards, subject to the requirements of subsection 30-7.1 O.a: Perimeter Landscaping Required. 2. The parking of vehicles within any minimum required ftont yard , or in any minimum required side yard on the street side of any comer lot, is prohibited. (a) Exception to parking prohibition: Driveways used to provide access to required parking spaces may be used to provide ancilary parking provided the parking is not located in the required ftont yard or the street side yard of any comer lot. Driveways used for such ancilar parking may not exceed the maximum permitted widths as prescribed by subsection 30-f.1.(a). Such ancillary parking shall not be considered toward meeting the requirements of Subsection 30-6; Schedule of Required Minimum Off-Street Parking Spaces. 3. See subsection 30-f for additional provisions related to the location of garages. b. Non-residential Uses in .Non-residential Zones. Parking spaces may be located between the mainbuilding(s) and the street ftontage(s), subject to the requirements ofSubsection30-7.10.a: Perimeter Landscaping Required. c. Non-residential Parking in Residential Zones. Parking for uses not allowed in a residential zone shall not be located in that residential zone. Section 15.The Alameda Municipal Code is hereby amended by amending Subsection 30-37.1 (Definitions) of section 30-37 (Design Review Regulations) of Section 30-4 (District Uses and Regulations) Aricle II (Strctural Design Review Regulations) of Chapter XX (Development Regulations) to read as follows: e. Replacement-in-kind shall mean the replacement of any strcture or architectural element which is identical to the original structure in terms of location , size , and shape; and is made of materials that outwardly have the same dimensions , proportions , details and textures of the original and that outwardly appear unchanged from the original. Section 16 The Alameda Municipal Code is hereby amended by repealing Subsection 30-20.3 (Changes Permitted) of Section 30-20 (Nonconforming Buildings and Uses) of Aricle I (Zoning Distrcts and Regulations) of Chapter XXX (Development Regulations) in its entirety. Section 17.The Alameda Municipal Code is hereby amended by adding a new Subsection 30-20.3 (Nonconforming Buildings with Conforming Residential Uses) to Section 30-20 (Nonconforming Buildings and Uses) of Aricle I (Zoning Districts and Regulations) of Chapter XX (Development Regulations) to read as follows: 30-20.3 Nonconforming Buildings with Conforming Residential Uses. Nonconforming buildings , with conforming residential. uses in Residential zoning districts , may be reconstructed, with an equal or lessernonconformity to the Development Standards of this Chapter , subject to the approval process for improvements , as outlined in Section 30-37; Design Review Requirements. Such reconstruction may occur to repair damage as defined by sub-section 30.20.4 below , or , as part of any duly permitted project to repair , remodel or replace an existing non-conforming structure. For reconstruction of nonconforming buildings with residential uses in Residential zoning districts the value limitations prescribed by subsection 30-20.4 do not apply. Section 18 The Alameda Municipal Code is hereby amended by repealing Subsection 30-20.4 (Restoration of Damaged Buildings) of Section 30- (Nonconforming Buildings and Uses) of Aricle I (Zoning Districts and Regulations) Chapter XX (Development Regulations) in its entirety Section 19.The Alameda Municipal Code is hereby amended by adding a new Subsection 30-20.3 (Noncontorming Buildings with Conforming Residential Uses) to Section 30-20 (Nonconforming Buildings and Uses) of Aricle I (Zoning Districtsand Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-20.4 Changes to , and Restoration of Nonconforming Buildings and Uses. Notwithstanding the provisions in 30.20.to allow reconstrction of nonconforming buildings with residential uses in Residential zoning districts the following regulations apply to nonconforming uses and buildings: a. Chanf!es Permitted No nonconforming building or use shall be enlarged extended, reconstructed or structurally altered , unless it is changed to conform to the regulations specified by this section , provided that routine maintenance and repairs required by applicable health and safety codes shall be permitted in an aggregate amount durng a five (5) year period of not to exceed one hundred (100%) percent of the total appraised valuation as verified by a certified appraiser selected by the City, and conducted at the property owner s expense. b. Restoration of Damaged Buildings.If at any time any nonconforming use or building shall be destroyed by fire , explosion, or act of God to the extent of more than seventy (70%) percent of the value thereof, then, and without further action by the City Council , the building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all the regulations of the district in which such land and/or building are located. For the purposes of this section , the value of any building shall be the estimated cost of the replacement of the building in kind, as detemlined by the Building Offcial. Where any nonconforming building shall have been destroyed less than seventy (70%) percent, as specified above , abuilding permit for its restoration shall be secured not later than one (1) year ftom the date of such destruction and the restoration shall be completed within one (1) year from the date of issuance of the building permit. Section 20 . Effective Date. This Ordinance shall be in full force and effect ftom and after the expiration of thirty (30 a s ftom the date of its final passage. Attest: (\ Lara elsiger , City Clerk City of Alameda ****** , 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 day of August , 2005 by the following vote to wit: AYES:Councilmembers deHaa, Gilmore, Matarese, and Mayor Johnson - 4. NOES:None. ABSENT:None. ABSTENTIONS:Councilmember Daysog - 1. IN WITNESS , WHREOF , I have hereunto set my hand and affixed the official seal of said City this 3 day of August, 2005. Lara Weisiger, City Clerk City of Alameda