Ordinance 3072
CITY OF ALAMEDA ORDINANCE No.3072
New Series
AMENDING VARIOUS SECTIONS OF THE ALAMEDA MUNICIPAL
CODE CONTAINED IN CHAPTER XXX (DEVELOPMENT
REGULATIONS) RELATED TO THE NORTH PARK STREET PLANNING
AREA
BE IT ORDAINED by the City Council of the City of Alameda:
Findings:
In enacting this Section, the City Council finds as follows:
1. The amendments maintain the integrity of the General Plan. The proposed
zoning text and zoning map amendments are necessary to guide future
development of the subject planning area consistent with General Plan land
use policies and the Alameda Municipal Code, which has not been updated
for this area since adoption of the 1990 General Plan. The amendments will
help achieve General Plan policies and objectives for revitalization of the
areas, expanded retail opportunities, neighborhood preservation, and
business retention.
2. The amendments will support the general welfare of the community. The
proposed zoning text amendment will support the general welfare of the
community by establishing clear standards and ample opportunities for a
variety of commercial, residential and mixed use development on
underutilized sites and the necessary protections for existing land uses.
3. The amendments are equitable. The proposed zoning amendment is
equitable in that it establishes appropriate processes and procedures for the
review of future development proposals and appropriate oversight of
development.
Section 1. Section 30-2 Definitions shall be amended to include the following
definitions:
Artist’s Studio shall mean an establishment or work space for artists or artisans,
including individuals practicing one of the fine arts or skilled in an applied art or craft. An
establishment for the preparation, display, and sale of individually crafted artwork,
jewelry, furniture, sculpture, pottery, leather craft, hand-woven articles, and related
items.
Artist’s Studio Industrial shall mean an establishment or work space for artists, crafts
person or artisans, including individuals practicing one of the fine arts or skilled in an
applied art or craft primarily for the preparation, display, and sale of individually crafted
large scale objects, artwork, sculpture, ceramics, or product that require the use of
heavy machinery, large scale ovens or kilns, or hazardous materials.
Art Gallery shall mean an establishment engaged in the sale, loan, or display of art
books, paintings, sculpture, or other works of art.
Building Width shall mean the total width of the primary building facade fronting on a
street. For corner parcels, maximum building length standards apply to both front and
side facades.
Conference Center shall mean a facility designed to accommodate conventions,
conferences, seminars, and or entertainment activities.
Community Garden shall mean a private or public facility for cultivation of fruits, flowers,
vegetables, or ornamental plants by more than one person or family.
Drive Up Kiosk Window shall mean a small building or kiosk with a window or opening
through which occupants of a motor vehicle receives or obtains a product or service.
Health Clinic shall mean a facility whether public or private principally engaged in
providing services for health maintenance, diagnosis, or treatment of human diseases,
pain, or injury.
Industrial, Light shall mean an establishment or activity conducted primarily within an
enclosed building that includes research and development, manufacture, fabrication, or
processing of any article, substance, or commodity and includes storage areas, truck
access and loading areas, warehouses, and other similar activities and facilities that do
not produce off-site external effects such as smoke, noise, odor, vibration.
Industrial, Heavy shall mean an establishment or activity that includes research and
development, manufacture, fabrication, or processing of any article, substance, or
commodity and includes storage areas, truck access and loading areas, warehouses,
and other similar activities and facilities that may produce off-site external effects such
as smoke, noise, odor, vibration.
Funeral Home shall mean a facility for human funeral services and the display of the
deceased and rituals connected therewith before burial or cremation.
Mortuary shall mean a facility for the storage and preparation of the human dead for
burial or cremation. A mortuary may include funeral homes.
Maritime Workplace shall mean an establishment or activity required for the support of,
or commonly associated with, the construction, repair, operation, storage, loading, and
unloading of boats, waterfront dock and port facilities, marinas, navigational aids, boat
fuel and equipment supply, ground level parking incidental to such uses, and other
activities the primary purpose of which is to facilitate maritime activity and trade.
Museum shall mean an establishment or activity serving as a repository for a collection
of natural, scientific, historical, or literary objects, and works of art arranged, intended
and designed to be used by members of the public for viewing with or without admission
charge.
Utilities, Large shall mean facilities and infrastructure for the delivery of energy, water,
sewer, gas, and communications to a the city, such as 115 kv power transmission lines,
electrical substations and power plants, wastewater treatment facilities .
Utilities, Small shall mean facilities and infrastructure for the delivery of energy, water,
sewer, gas, and communications to a the block, neighborhood, or district, such as
wastewater pump stations, hydrants, switching boxes, transformers, and other facilities
and structures typically located in the public right of way.
Section 2. Section 30-3.1 Designation of Zoning Districts shall be amended to
include:
NP-G North Park Street Gateway
NP-W North Park Street Workplace
NP-MU North Park Street Mixed Use
NP-M North Park Street Maritime
Section 3. Section 30-4 District Uses and Regulations shall be amended to by
adding a new subsection 30-4.25 (North Park Street District) as shown in Exhibit
1.a.
Section 4. The Citywide Zoning Map shall be amended to change the zoning
designations for the North Park Street District parcels as shown in Exhibit 1-b .
Section 5. Section 30-15.14 shall be amended to include new section “ i “ to
read as follows:
i. Screening: All exterior storage on the property shall be screened from view by a
wall or other approved screening material, rising two (2) feet above the stored
goods; provided, that no such screen or wall shall exceed ten (10) feet. All
storage areas shall be surfaced to provide a durable and dust-free surface and
properly graded so as to dispose of all surface water. When feasible, outdoor
storage areas should be located at the rear of the property. For walls or fences
located next to street right-of-way, landscaping shall be located in front of the
fence or wall. All off-street parking and truck loading areas must be screened
from view of any public right of way by a low wall or landscaping screen.
Section 6. Section 30-5 shall be amended to include new section “30-5.16” to
read as follows:
30-5.16 Performance Standards for New Buildings and Uses
a. Wood Burning Fireplaces and Stoves. To reduce greenhouse gas emissions
and minimize air quality impacts, wood-burning stoves and fireplaces are
prohibited in new residential construction.
b. Vibrations: No vibration shall be permitted which is discernible without
instruments at any property line.
c. Glare or heat: No heat or direct or sky-reflected glare, whether from
floodlights, or high-temperature processes such as combustion or welding or
otherwise, shall emanate from any use so as to be visible or discernible from
the property line. Legal signs are exempted from this provision.
d. Fissionable or radioactive material: No activity shall be permitted which
utilizes, produces, removes or reprocesses fissionable or radioactive material
unless a license, permit or other authority is secured from the state or federal
agency exercising control. In all matters relative to such activities, it shall be
the responsibility of the user to ascertain and identify the responsible
agencies and notify the Community Development Department as to the
agencies involved and the status of the required permits.
e. Maintenance: Each person, company or corporation utilizing a lot shall at all
times maintain such lot in good order. This shall include repair and
maintenance of all structures, fences, signs, walks, driveways, landscaping,
necessary to preserve property values and public health, welfare, and safety.
f. Exterior lighting: Onsite exterior lighting shall be diffused and/or concealed in
order to prevent illumination of adjoining properties or the creation of
objectionable visual impacts on other properties or streets.
Section 7. Sections 30-4.8 shall be amended to delete “ (j) Grocery Stores”.
from subsection b. Uses Permitted and amended to add new subsection “(f)
Grocery Stores” after “(e) Convenience food stores” and before “(f) Liquor
Stores”.
Section 8. Section 30-4.9 c. Uses Requiring Use Permits subsection “12.” Shall
be amended to read as follows: “ 12. Those portions of grocery stores devoted
to the sale of alcoholic beverages.”
Section 9. Section 30-4.9A subsection b shall be amended to delete “(aa)
Grocery Stores) and amended to add new subsection “(q) Grocery Stores” after
existing section (p) Convenience Store.
Section 10. Section 30-4.10 subsection c. shall be amended to include new
subsection “13. Grocery Stores” between existing sections 12. Liquor Stores and
existing section 13. Convenience Stores
Section 11. 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
jurisdiction, such invalidity or unconstitutionality shall not be so construed as to
render invalid or unconstitutional the remaining provision of this ordinance.
Section 12. 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.
Section 13. The above amendments shall be known as and referenced to as
Rezoning Amendments No. to Ordinance No. 1277, N.S.
________________________________
Presiding Officer of the City Council
Attest:
__________________________________
Lara Weisiger, City Clerk
City of Alameda
* * * * *
Exhibit 1 a. Section 30-4.25 North Park Street District
a. Purpose: This section of the Alameda Municipal Code (AMC) provides regulations
and standards to facilitate and guide future development within the North Park Street
District consistent with the City of Alameda General Plan, the Economic Development
Strategic Plan, and the Gateway District Strategic Plan. The regulations within this
section are intended to:
i. Guide desirable re-investment in the district consistent with General Plan policies
and the Gateway District Strategic Plan goals for development and land uses that
support a pedestrian friendly, transit oriented mixed use district.
ii. Remedy the "auto-row" physical characteristics of the district, while allowing new
larger scale commercial and employment uses that provide goods, services, and/or
employment opportunities in Alameda.
iii. Provide form based regulations and guidelines for site development and building
design to facilitate development that supports Alameda's unique character and
encourages innovative design that supports an attractive, pedestrian friendly
district.
iv. Maintain maritime, light industrial, manufacturing, distribution, and work place uses
where they have access to the estuary and City’s designated truck routes.
v. Retain mixed use areas that have historically provided a transition between
residential areas and adjacent industrial and commercial mixed-use districts.
b. Applicability: The regulations in this section are applicable to all properties within the
North Park Street District (District). Standards in the AMC not covered by this section
shall remain applicable to the North Park Street Zoning District. When the content of this
section conflicts with the AMC, this section shall govern.. For each district zone, a
common set of site development regulations and use regulations are provided to ensure
complementary land uses and a consistent physical form. All improvements requiring
building permits shall be subject to the requirements of Section 30-36 through 37 Design
Review and the site Building Form development requirements of Table A. (Building form
and Site Design Standards). All design review applications shall be reviewed for
conformance with the regulations of this Section and the applicable sections of the
Citywide Design Review Manual.
c. Sub-district Descriptions. The North Park Street District is comprised of five sub-
districts each with its own purpose, development standards, and permissible uses.
i. The North Park Street Gateway sub district (G-NP) is a significant gateway to the
City of Alameda. The intent of the NP-G sub district is to guide the
redevelopment of the Park Street commercial area with attractive buildings
located near the sidewalk with a mix of commercial workplace, retail, and
compatible residential uses that support a pedestrian and transit friendly
environment.
ii. The North Park Street Maritime Manufacturing (MM-NP) sub district preserves lands
for maritime, light industrial and larger scale commercial and office employment
uses.
iii. The North Park Street Workplace sub district (W-NP) provides lands for a mix of
workplace, commercial, light industrial and manufacturing uses adjacent to the
Clement and Blanding Avenue truck routes. The sub-district regulations permit a
range of site and building types for employment uses.
iv. The North Park Street Mixed Use sub district (MU-NP) establishes regulations for
mixed-use areas with commercial and residential uses. The sub-district
regulations maintain a residential building type for the sub-area, while allowing a
greater mix of office, commercial, and residential uses.
v. The North Park Street Residential sub district (R-NP) provides lands for
residential uses within a district of residential building types. Sub-district
regulations maintain and support a distinctive residential character in use and
building type.
d. Building Form and Site Design Requirements
i. Table A – Building Form and Site Design Standards identifies the building form
and site design requirements permitted (P) or not permitted (-), within each sub-
district. Variances from this Section shall be subject to the requirements and
findings of Section 30-21 of the AMC.
Table A. Building Form and Site Design Standards
Ga
t
e
w
a
y
(G
-
N
P
)
Ma
r
i
t
i
m
e
Ma
n
u
f
a
c
t
ur
i
n
g
(M
M
-
N
P
)
Wo
r
k
p
l
a
c
e
(
N
P
-
W
-
NP
)
Mi
x
e
d
Us
e
(M
U
-
N
P
)
Re
s
i
d
e
n
t
i
al
(
R
-
N
P
)
Building Types (See Design Review Manual for guidelines for building types)
Commercial Block P P P - -
Workplace P P P - -
Parking Structure P P - - -
Work-Live P P P P -
Stacked Flat - - - P -
Multiplex - - - P -
Row house - - - P P
Courtyard Housing - - - P P
Single Family Detached - - - P P
Adaptive Reuse of Existing
Buildings
P P P P P
Frontage Types (See Design Review Manual for guidelines for frontage types)
Storefront P P P - -
Formal Entry P P P P -
Forecourt - P P P P
Stoop - - - P P
Front yard - - - P P
Building Width (max) 200
ft.
200
ft.
160
ft.
52 ft. 52 ft.
Building Placement
Front Setback 0
max.
0
min.
0mi
n
10
min-30
15
min-
Ga
t
e
w
a
y
(G
-
N
P
)
Ma
r
i
t
i
m
e
Ma
n
u
f
a
c
t
ur
i
n
g
(M
M
-
N
P
)
Wo
r
k
p
l
a
c
e
(
N
P
-
W
-
NP
)
Mi
x
e
d
Us
e
(M
U
-
N
P
)
Re
s
i
d
e
n
t
i
al
(
R
-
N
P
)
max 20
max
Side Street Setback 0-15 0-20 0-
20
10 10
Side Setback 0 N/a 0 5 5
Rear Setback 0 0 0 20 20
Alley Setback (min) 0 0-5 0 10 10
Paseo Courtyard Setback 0 0 0 10 10
Building Separation 0 0 0 5 8
Main Building Height 20
min-
60
max
50
max
40
ma
x
35
max
30
max
ii. Additional Building Form and Site Design Requirements to Support Alternative
Modes of Transportation
a. Site Plans: Site plans shall encourage and support pedestrian, bicycle,
and transit access by including facilities such as bicycle racks, pedestrian
pathways through parking areas, pedestrian lighting, sidewalks, and
street trees.
b. Building Orientation: All new buildings shall be oriented toward the
adjacent public right of way (i.e., public street or public park) and shall
provide a main public entrance with direct access to the public right of
way. Exceptions may be granted for residential buildings if the finding can
be made that the proposed design is appropriate for the site and the
elevation fronting onto the public right of way is generally consistent with
the Design Review Manual for the applicable building type.
c. Frontage Coverage: In the Gateway sub district, a minimum of 85% of
the area between the side property lines must be occupied by building
mass, plazas, or paseos along the primary street frontage.
d. Service Orientation: Public and commercial service facilities such as
Automated Teller Machines shall also be located adjacent to the public
right of way.
e. Window Design: Within the Gateway sub district, new buildings shall
include windows along the public right of way that provide an
unobstructed view into the building for a distance of at least 5 feet.
iii. Setbacks:
a. Front: Where a range is permitted by Table A, new buildings shall be
aligned with the front setback of buildings on the abutting parcels to
maintain and support the “street wall' character of the block face.
a. Side: In the Mixed Use and Residential sub districts, side setback may be
reduced to less than 5 feet provided that side setback is at least 10% of
parcel width. In the Gateway and Workplace sub districts a five-foot
setback shall be provided in all cases when the property line abuts a
Residential or Mixed Use sub district property line.
b. Side Street on Corner Parcels: Within the Gateway sub district, buildings
shall be built to the side street right-of-way line for a minimum distance of
20 feet from the corner. Portions of the building beyond 20 feet may be
set back up to 15 feet for outdoor seating or other public spaces.
c. Rear: In the Gateway and Workplace sub districts, a 5 foot rear setback
shall be provided if the rear property line abuts a Residential or Mixed
Use district. In the Mixed Use and Residential Districts, the required rear
yard setback may be reduced to 5 feet if the rear property line abuts a
Workplace or Gateway sub district and provided that the proposed site
plan provides the required useable open space and off-street parking
requirements.
iv. Park Street Building Heights: New buildings over 50 feet in height shall not be
approved unless it may be determined by the Planning Board, or by the City
Council upon appeal, that the building is consistent with the Design Review
Manual special design guidelines for tall buildings on Park Street.
v. Building Height Exceptions: Corner towers and similar architectural design
elements may exceed the maximum building height limit subject to Design
Review approval provided that the all habitable areas and storage areas are
within the maximum building height limit. Accessory buildings shall not exceed
height of the primary building. When adjacent to a one or two story residential
building on an abutting parcel, building height for both primary and accessory
buildings shall be limited by a 45-degree 'relational' line originating at a height of
15 feet along the property line.
vi. Off-Street Parking and Loading Requirements: Off street parking shall be
provided in accordance with provisions and requirements of Section 30-7 Off
Street Parking and Loading. Properties within the Gateway sub district shall be
subject to the parking requirements for the Community Commercial District.
When a surface parking area in the Gateway sub district abuts a surface parking
lot on an adjacent parcel with a retail or service use within the Gateway or Mixed
Use sub districts, access shall be provided between the adjacent parking lots,
unless the Planning Board finds that access between the lots significantly
degrades parking opportunities in the area or is not appropriate given unique
conditions that exist on one or both of the adjacent parcels.
vii. Maximum Residential Density: The maximum density for any residential
development within the North Park Street District shall be one (1) housing unit
per 2,000 square feet of land.
viii. Residential Open Space Requirements: Usable open space is comprised of
private open space and common open space as defined in Section 30-5.12.
Dwelling units in Commercial Block and Stacked Flats building types shall
provide a minimum of 40 square feet of usable open space per dwelling unit.
Units in Work-Live and Multiplex shall provide a minimum of 120 square feet of
useable open space. Courtyard units shall provide a minimum of 140 square feet
of usable open space. Row houses shall provide a minimum of 240 square feet
of usable open space. The Planning Board may consider provision of off-site
open space in lieu of onsite open space provided that the Planning Board is able
to find that the off-site open space: 1) will be provided concurrent with the
development, 2) is located within a two (2) block radius of the residential
development; and 3) will benefit a greater number of people than open space
provided on site.
e. Use Regulations
i. Table B – Allowed Land Uses indicates the land uses that are permitted
“by right” (P), by conditional use permit (C), or not permitted ( - ), within each
Sub-district. Uses permitted on the upper floor by right and on the ground
floor with a conditional use permit are indicated by “P upper/C lower”.
Table B: Allowed Land Uses
Residential , Open Space, and Lodging
Use Gateway Maritime
Manufacturing
Workplace Mixed Use Residential
Dwelling unit upper floor P - C P P
Dwelling unit ground floor - - - P P
Bed & Breakfast - - C P C
Hotels P - C - -
Community Garden - - C P P
Parks/playground - - - P P
Office and Work Live
Use Gateway Maritime
Manufacturing
Workplace Mixed Use Residential
Office, business and
professional
P upper/C
lower
P P P -
Artist Studio P/C C P P
Artist Studio Industrial C P C - -
Work/Live C - C C -
Retail
Use Gateway Maritime
Manufacturing
Workplace Mixed Use Residential
Large Format Retail C - C - -
Retail P - C - -
Grocery Store C - C
Convenience Store C - C C -
Art Gallery or Museum P P P P -
Restaurant/Café P - P C -
Bars/Tavern C - C - -
Banks/Financial P - C - -
Personal Services, such as
salons, gyms, yoga, and
similar activities
P upper/C
lower
- P - -
Alcohol Sales for off-site
consumption
C - C - -
Outdoor
dining/entertainment/
farmers market
C - C - -
Drive Up Kiosk - - C - -
Institutional and Service
Use Gateway Maritime
Manufacturing
Workplace Mixed Use Residential
Conference Center P - P - -
Library C - P C C
Theater and Entertainment C - C - -
Religious Assembly - - - C C
Health Clinic C - C C -
Veterinary Clinic C C P C -
Police/Fire Station - - C C C
Funeral Home - C C - -
Mortuary - C C - -
College - - C - -
School - - C C -
Day Care Center - - C C C
Family Day Care Small - - C P P
Family Day Care Large C P C
Automotive
Use Gateway Maritime
Manufacturing
Workplace Mixed Use Residential
Auto Sales C - P - -
Auto repair/towing/service C C P - -
Service Station C C C - -
Parking garage and lots C C C C -
Car Wash - C C - -
Marine
Use Gateway Maritime
Manufacturing
Workplace Mixed Use Residential
Maritime Workplace - P P - -
Marine Fuel Sales - C - - -
Boat and boat accessories
Sales, includes boat
related accessories sales
- P P - -
Commercial Marina - C - - -
Dry Boat Storage - C - - -
Industrial
Use Gateway Maritime Workplace Mixed Use Residential
Manufacturing
Industrial, Heavy - C - - -
Industrial, Light C P P - -
Utilities, Large - P C - -
Utilities Small P P P P P
Outdoor Storage - C C - -
ii. Conditional use permits may be granted pursuant to the procedures and
standards of Section 30-21.3 and .4.
iii. If a proposed use is not listed in Table B - Allowed Land Uses as a
permitted or conditionally permitted use it shall not be permitted unless the
Community Development Director or the Planning Board determines that the
proposed use is substantially similar to a use specified as a permitted or conditional
use in that Sub-district. Such determination shall not permit the establishment of any
use that would be inconsistent with the statement of purpose of the Sub-district in
question, and no interpretation shall have the effect of amending, abrogating, or
waiving any other standard or requirement established in these regulations. In no
case shall this provision be interpreted to permit check cashing businesses, tattoo
parlors on the ground floor, gun and firearm sales, or tobacco and tobacco product
stores except the sale of tobacco and tobacco products is allowed as accessory to
other permitted or conditionally permitted uses.
iv. Accessory uses customarily incidental to any of the above permitted uses
when on the same lot are permitted. Accessory uses customarily incidental to any of
the above conditional uses when located on the same lot are conditionally permitted
with the granting of a Use Permit pursuant to AMC, Section 30-21.3 or .4.
v. Work Live uses are shall be consistent with Section 30-15, except that in
the North Park Street District, work live units may be allowed in new buildings
consistent with the Work Live Work type described in the Design Review Manual.
Properties with the Multi-family Overlay zoning designation and projects that are
eligible for Density Bonus waivers pursuant to Section 30-17 may include Work Live
that are not consistent with the requirements of Section 30-15.
North Park Street Zoning Subdistricts
Blanding Avenue
Clement Avenue
Eagle Avenue
Eve
r
e
tt
S
t
re
e
t
Bro
a
d
w
a
y
Par
k
S
t
re
e
t
O
a
k
S
t
r
e
e
t
Fol
e
y
S
t
re
e
t
Buena Vista Avenue
Pacific Av enu e
Lincoln A venu e
T ilden
Way
Exhibit A - Proposed Amendment to City of Alameda Zoning Map
Gateway District
Wo rkplace District
Mixed-Use District
R esidential District
Marit ime Manufacturing
Subdistricts
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by Council of the City of Alameda in regular
meeting assembled on the 7th day of May, 2013, by the following vote to wit:
AYES: Councilmembers Chen, Daysog, Ezzy Ashcraft, Tam
and Mayor Gilmore –5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City 8th day of May, 2013.
______________________
Lara Weisiger, City Clerk
City of Alameda