Ordinance 3168New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
CHAPTER 30 OF (ZONING ORDINANCE) TO STREAMLINE
IMPROVEMENTS TO EXISTING RESIDENTIAL PROPERTIES AND
MINOR ADMINISTRATIVE, TECHNICAL, AND CLARIFYING
REVISIONS TO THE ZONING ORDINANCE REGARDING
CHIMNEYS, ACCESSORY BUILDINGS, WINDOWS, EXISTING
DRIVEWAYS AND PARKING, NON - CONFORMING SETBACKS,
HOME OCCUPATION SIGNAGE, AND OTHER MISCELLANEOUS
AMENDMENTS
BE IT ORDAINED by the City Council of the City of Alameda:
In enacting this Section, the City Council finds as follows:
1. The amendments maintain the integrity of the General Plan. The proposed
zoning text amendments are necessary to ensure that improvements to existing
residential homes can be efficiently processed while maintaining the ability to
attain General Plan Design Element goals to protect the character of Alameda's
established neighborhoods. The proposed amendments will also simplify and
improve minor development regulations for residential properties and provide
relief for Alameda homeowners undertaking small, routine improvements.
2. The amendments will support the general welfare of the community. The
proposed zoning text amendments expand the list of residential property
improvements exempt from Design Review, provided the work conforms to the
City's adopted design guidelines. These new exemptions include window and
door modifications and chimney alterations for seismic safety. The exemptions
provide an incentive for property owners to comply with adopted City design
guidelines while reducing cost and streamlining the timeline for obtaining
required permits.
3. The amendments are equitable. The proposed zoning amendments are
equitable in that they further clarify and streamline processes and procedures for
the review of minor residential property improvements for Alameda residents.
4. The amendments are exempt from the California Environmental Quality Act. The
proposed amendments to the Zoning Ordinance pertaining to miscellaneous
residential property improvements are categorically exempt under California
Environmental Quality Act (CEQA) Section 15305 — Minor Amendments to Land
Use Limitations.
Section 1. AMC Section 30 -2.b Definitions shall be amended as follows:
`Accessory building shall mean a detached subordinate building, any part of whiGh is
the use of which is
incidental to that of the main building jsZ on the same lot,- or to the pdMar y use of the
land. For properties within a Residential zone, or with a Residential use, the use of such
accessory buildings is restricted to garages, carports, storage sheds, and similar
buildings which are found by the Building Official to conform to the "U" (utility)
occupancy classification."
Section 2. Section 30 -3.1 - Designation of Districts shall be amended as follows:
Insert "E Estuary District' after "O Open Space"
Revise "NP -M North Park Street Maritime" to "NP -MM North Park Street Maritime
Manufacturing"
Insert "NP -R North Park Street Residential" after "NP -MM North Park Street Maritime
Manufacturing"
Replace "NAS Alameda Point" with the following:
`AP -WTC Alameda Point Waterfront Town Center"
`AP -MS Alameda Point Main Street Neighborhood"
"AP -E1 Alameda Point Enterprise District - 1"
"AP - -E2 Alameda Point Enterprise District - 2"
`AP -E3 Alameda Point Enterprise District - 3"
"AP - -E4 Alameda Point Enterprise District - 4"
"AP - -AR Alameda Point Adaptive Reuse"
"AP -OS Alameda Point Open Space"
"AP - -NR /G Alameda Point Nature Reserve /Government"
Revise "AP Administrative- Professional District' to "A -P Administrative Professional
District' (add a dash between A and P)
Revise Chapter 30 to replace any inconsistencies in the zoning designations to match
the designations in Section 30 -3.1 - Designation of Districts.
Section 3. AMC Section 30 -5.7.f Accessory Buildings shall be amended as follows:
Y Accessory Buildings. Accessory buildings may be located within minimum required
side and rear yards, and shall conform to the following:
1. Height limits. Accessory buildings 19eated in a Fequired side eF reaF ya shall not
exceed one (1) story, and shall not exceed a height of ten (10) feet at the top of a
parapet or at the point where the side elevation intersects with the roof, with the
following exceptions:
(a) The height at the ridge of the roof may exceed the above height limitation, up to a
maximum height of fifteen (15) feet.
(b) The front and rear elevations may exceed the ten (10) foot height limit up to the
fifteen (15) foot height at the ridge of the roof, • however, in no case shall the fifteen (15)
foot ridge height be extended along the entire front or rear elevation.
(c) The height at the top of the front or rear elevation's parapet may exceed the above
height limitation, up to a maximum height of twelve (12) feet.
2. Maximum rear yard coverage iz ^ °�d Accessory buildings shall not exc -eed
cover more than four hundred (400) square feet inn-.�iz'� or 40% of the minimum required
rear yard as prescribed by the subject Zoning District, whichever is -greater. As an
exception to the fGUF hundFed (400) squaFe feet fimit-, lots that ha I Fear- ya� Of eveF one thousand f 000) square feet n9ay have aGc-esserny strUGtures M
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Dis-tr4Gt That portion of an accessory building which is outside the minimum required
rear yard is subject to maximum main building coverage limitations of the subject zone.
3. Minimum setbacks from side property lines. If located less than seventy -five (75) feet
from the front property line, the accessory building shall observe a five (5) foot side yard
setback. If the accessory building is to be located seventy -five (75) feet, or more, from
the front property line, it may be built up to the interior side property line(s), provided
that all construction within three (3) feet of the property line (including eaves and similar
architectural features) is one hour fire resistive as required by the A.B.C., as approved
by the Building Official.
4. Minimum setback from rear property line. If located within that portion of the minimum
required rear yard that adjoins the neighbors' required minimum rear yard(s), the
accessory building may be built up to the rear property line, provided that all
construction within three (3) feet of the property line (including eaves and similar
architectural features) is one hour fire resistive as required by the A.B. C., as approved
by the Building Official if the proposed accessory building is to be located within that
portion of the minimum required rear yard that does adjoin the neighbors' required
minimum rear yard(s) (i.e., adjacent to that part of the neighbor's side property line not
within his /her minimum required rear yard), a minimum five (5) foot setback from the
rear property line shall be maintained.
5. Minimum separation from neighboring structures. There shall be a minimum of six (6)
feet separating all construction (including eaves and similar architectural features) of the
accessory building(s) from the main building(s) or other accessory building(s). The
separation requirements of this paragraph may be reduced by the Panning and gugding
Community Development Director and Building Official if one hour fire resistive
construction is utilized and /or occupancy classification of the subject buildings allow for
a lesser separation, as specified by the 'A. B. C.
6. Reconstruction of legally nonconforming buildings. Notwithstanding the limitations
prescribed by Section 30 -20, Nonconforming Buildings and Uses, legally nonconforming
accessory building(s) with conforming residential uses in residential zoning districts may
be reconstructed, with an equal or lesser nonconformity to the size, and location
requirements of this subsection (i.e., paragraphs 2. through 4.), subject to the approval
process for improvements, as outlined in Section 30 -37, Design Review Regulations,
and allowing for modifications to the height and /or roof configuration, provided that the
resulting design does not exceed the height limitation prescribed by paragraph 1. of this
subsection. Such reconstruction may occur as part of any duly permitted project to
repair, remodel or replace the existing nonconforming structure.
Section 4. Section 30- 6.3.c.1.d of the Sign Ordinance be revised as follows:
"(d) Home Occupation: No signs One (1) non - illuminated sign not exceeding two (2Z
square feet in area shall be allowed."
Section 5. Section 30 -7 Off - Street Parking and Loading Space Regulations shall be
revised as follows:
Relocate the following text from the table in Section 30 -7.6 Schedule of Required
Minimum and Maximum Off - Street Parking Space to create a new Subsection 30 -7.2.f
and revise to read as follows:
"Dwelling Unit Additions — Notwithstanding the requirements of subsection 30- 20.4(a),
when a dwelling unit is enlarged on a property that is not in compliance with the
minimum required parking, an additional parking space shall be added for each 750
square feet of added floor area until compliance is achieved. An existing driveway may
be considered as up to three parking spacesW in tandem serving a single dwelling unit
or a primary dwelling and a second unit if the proposed space(s) conform to the
requirements of subsections 30 -7.8, and 30 -7.9. Conformance with subsection 30-
7.10. a is not required. "
Subsection 30 -7.5.a Floor Area shall be amended to read as follows:
"Floor Area. The total area of all the floors measured from the exterior faces of the
building, including hallways, interior and exterior stairways, storage rooms, etc., but
excluding any basement or attic area with ceiling heights of less than seven (7) feet.
Unless otherwise specified by this section, unroofed storage and /or sales areas for non-
residential uses shall for the purposes of calculating parking requirements be converted
to floor area at a ratio of five (5) square feet of unenclosed area to one (1) square foot of
floor area. Roofed storage andlor sales areas shall be treated as buildings for the
purpose of calculating floor area."
Section 30-7.18 - Use and Extension of Non-Conforming Driveways and Perimeter
Landscaping shall be amended to read as follows:
"Existing residential driveways that are non-conforming to the minimum widths
prescribed by subsection 30 -7.9. f.1., andlor the minimum perimeter landscaping for
unenclosed parking spaces, backup areas, and driveWMs prescribed by subsection 30-
10.a.3., may remain and may be extended with the existing non-conforming dimensions
at such time the property is further improved with small scale development, which
includes but is not limited to additions to existing single family uses or the construction
of an additional dwelling, subject to the approval of the Community Development
P4anning & Budding and Public Works Directors."
Section 6. Section 30-37.2 - Improvements subject to Design Review and
Exemptions shall be amended to read as follows:
"a. All improvements require Design Review approval unless specifically exempt
pursuant to 30-37.2.b.
b. Exempt Improvements:
1. Interior Improvements;
2. Replacement-in-kind provided that any structure being replaced is less than two
hundred twenty (220) square feet in size and not a main structure;
3. Any improvement that does not require a building permit pursuant to the Building
Code;
4. Fences,
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5. Restoration of an original architectural element consistent with the architectural style
of the structure at the time of construction or in cases where the entire architectural
style of a building has been completely renovated into a new style, the new element
shall be consistent with the new architectural style as set forth in the Design Review
Manual.
6. Reroofing, when no structural alteration will take place;
7. Any addition or improvement that meets all of the following criteria:
A. The gross floor area of the improvement is less than two hundred twenty (220)
square feet, and,
B. The improvement is a one-story accessory structure or the improvement is
located on the first story as defined by the Building Code, and,
C. The improvement is located in the rear yard area, the improvement is in
compliance with all applicable lot coverage, open space, and setback requirements
of the applicable zoning district, and;
D. The improvement includes exterior materials, architectural detailing, roof pitch
and design, windows, and doors that are a visual match to the existing, or if the
structure or element has been previously modified, original design of the structure at
the time of construction.
8. Foundation work,
9. New or refaced signs, regulated under Section 30 -6 with approved sign permits and
signs that meet the requirements of an approved sign program.
10. Reserved.
11. New awnings that meet all of the following criteria:
A. Is covered in an opaque, non - glossy fade and fire resistant fabric material, and
B. Matches the alignment and shape of any existing awning on the same level of the
building, if consistent with other criteria; and
C. Does do not cover transom windows or extend more than six inches (6) beyond
the perimeter of a window, door or other opening; and
D. is not placed over pilasters, columns or other prominent vertical elements; and
E. Provides a minimum of eight feet (8) of vertical clearance for framed portions and
seven feet (7) for any unframed valances; and
F. Exhibits a slanted or, if over arched windows or individual upper floor windows, a
domed shape; and
G. Is not internally illuminated, and
H. Has all required encroachment permits.
12. Awnings with approval by the City of Alameda Facade Improvement Program.
13. Docks which comply with the standards of the Alameda Municipal Code.
14. Changes to an existing parking lot provided that the lot is not visible from the public
right of way and the number of parking spaces or the area of landscaping are not
being reduced.
15. New solar collection systems or skylights.
16. Second units consistent with development regulations of Section 30 -4.1.
17. Alterations to chimneys for seismic safety purposes as determined by a licensed
contractor or engineer, provided none of chimney is visible as part of an exterior wall
and the chimnev is not a character - defining feature on properties listed as a historic
resource.
18. "Window and patio door improvements, including new installation, removal
relocation, or resizing of existing openings, provided the improvement:
A. Is not located on a front or street side elevation.
B. is not associated with the creation of new floor area.
C. Does not alter any original or other architecturally significant character - defining
features, such as stained glass, decorative arches and other special treatment.
D. Is made of materials that outwardly have the same dimensions, proportions,
details, and textures of the original architectural style of the structure and that
outwardl reappear unchanged from the original architectural style. If the original
design of a structure and /or element is removed or altered or if the original design
elements are not known, the improvement shall be consistent with the treatment of
substantially altered buildings as set forth in the City of Alameda Design Review
Manual."
Section 7. Section 30 -37.6 - Expiration and Extension shall be amended to read as
follows:
"Design Review approval shall expire two (2) years from the initial date of approval
unless substantial construction has commenced under valid permits. Design Review
approval may be extended by the Community Development Director upon application
for up to two (2) additional years from the date of expiration."
Section 8. Section 30- 5.7(k) and 30- 5.7(I) - Exceptions to allow additions with
less than the required minimum side yards shall be amended 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 major adverse effects such as significant shading or significant view
blockage will occur on adjoining properties relative to existing conditions and
relative to an addition built with a conforming setback.
1. New cantilevered projections, above the first story which are to
have the same or less horizontal area as an existing first story projection, may
be 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 still allow a setback(s) that is less than the
minimum required side yard or street side yards of corner lots prescribed by
the subject zoning district.
L In 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 major adverse effects such as significant shading or
significant view blockage will occur on adjoining properties relative to existing
conditions and relative to an addition built with a conforming setback.
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 still allow a setback(s) that is less than the
minimum required side yard or street side yard of corner lots prescribed by
the subject zoning district.
Section 9. Section 30- 5.7(m) - Exceptions to allow extension of roof ridges and
roof pitch with heights greater than the maximum building height limitation shall
be amended as follows:
m. Exceptions to allow extension of roof ridges and roof pitch with heights greater
than the maximum building height limitation. If a main building exceeds the
maximum building height for the district in which it is located, main building
additions may be approved that extend upon the same height roof, ridge, pitch,
and plane as the existing roof structure providing that the following findings can
be made: (1) no major adverse effects such as significant shading or significant
view blockage will occur on adjoining properties relative to existing conditions
and relative to an alternative design with the roof extension built in compliance
with the maximum building height (2) the ridge and /or pitch continuation
complies with the City of Alameda Building Code.
Section 10. 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 11. This ordinance and the rules, regulations, provisions, requirements, orders,
and matters established and adopted hereby shall take effect and be in full force and
effect from and after the expiration of thirty (30) days from the date of its final passage.
Presiding Officer of the City Council
Attest:
Lara Weisiger, City Cle
City of Alameda
I, 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 1 s' day of November, 2016, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 2nd day of November, 2016.
Lara Weisiger, Vy Clerk
City of Alameda
City Attorney