Ordinance 3255CITY OF ALAMEDA ORDINANCE NO. 3255
New Series
AMENDING ALAMEDA MUNICIPAL CODE CHAPTER 30 (ZONING
ORDINANCE) TO STREAMLINE DESIGN REVIEW FOR SMALL
RESIDENTIAL ADDITIONS, WINDOW REPLACEMENTS, AND
GREEN ROOFS, UPDATE WORK/LIVE ORDINANCE
REQUIREMENTS, UPDATE LOT LINE ADJUSTMENT
PROCEDURES, AND MAKE OTHER MISCELLANEOUS
ADMINISTRATIVE, TECHNICAL, AND CLARIFYING AMENDMENTS,
AS RECOMMENDED BY THE PLANNING BOARD
WHEREAS, the City seeks to update its Zoning Regulations to streamline Design
Review for small residential additions, window replacements, and green roofs, update
Work/Live ordinance requirements, update lot line adjustment procedures, and make
other miscellaneous administrative, technical, and clarifying amendments; and
WHEREAS, this Ordinance will serve the public health, safety and welfare for the
reasons set forth in the accompanying Staff Report dated October 15, 2019, and
incorporates such reasons herein by reference; and
WHEREAS, adoption of this Ordinance is in compliance with the California
Environmental Quality Act, Public Resources Code sections 21 000 et seq. ("CEQA"); and
WHEREAS, the proposed amendments to the Zoning Regulations were
considered at regular, duly noticed public hearings of the Planning Board on July 8 and
September 9, 2019, and the Planning Board recommended that the City Council adopt
the proposed amendments; and
WHEREAS, this Ordinance was considered at a regular, duly noticed public
hearing of the City Council on October 15, 2019, and all interested parties were provided
an ample opportunity to participate in said hearing and express their views.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Alameda:
Section 1. FINDINGS. The City Council hereby makes the following findings:
1. The amendments maintain the integrity of the General Plan. The amendments
are necessary to ensure that minor improvements to existing residential homes,
including single-story additions and windows, 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 existing residential properties and provide relief for
Alameda homeowners undertaking small, routine improvements. The amendments
to the work/live ordinance are consistent with General Plan Policy 2.5A to broaden
business services and opportunity in Alameda. The amendments pertaining to lot line
adjustments also further overarching General Plan objectives to keep local
regulations current and in keeping with state law.
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
established criteria. These new exemptions expand opportunities for Alameda
homeowners to build small additions, upgrade/replace older, less energy-efficient
windows, and install sustainable green roofs. The proposed design review exemptions
and amendments to Lot Line Adjustment procedures to reduce cost and streamline
the time needed to obtain required permits. The proposed amendments to the
Work/Live ordinance will broaden small business opportunity in Alameda, while
ensure these work studios remain compatible with existing neighborhoods.
3. The amendments are equitable. The proposed zoning text amendments are
equitable in that they further clarify and streamline processes and procedures for the
review of minor residential property improvements, work/live studios, and lot line
adjustments in Alameda.
Section 2. Section 30-2 of the Alameda Municipal Code is hereby amended as follows:
30-2 DEFINITIONS
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b. As used in this chapter:
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Yard, front shall mean a yard extending across the full width of the lot measured
between the front property line (or the lot line connected to a street by legal access) and
the nearest point of the wall of a building or enclosed or covered porch on such lot. The
front yard of a corner lot is the yard adjacent to the shorter street frontage of such lots.
Yard, minimum required shall mean the minimum depth, as prescribed for a
particular zoning district, of the area of land between a main building and the property's
perimeter, and which must remain free of structures and unobstructed from the ground to
sky except for such exceptions and encroachments as may be permitted by this article
which include, but are not limited to, allowances to permit accessory buildings, patio
structures and roof eaves.
Yard, rear shall mean a yard extending across the full width of the lot measured
between the rear line of the lot and the rear line of the main building or enclosed or
covered porch nearest the rear line of the lot.
Yards shall mean land surrounding a building site unoccupied or unobstructed,
except for such encroachments as may be permitted by this article.
Yard, side shall mean a yard on either side of the lot extending from the front line
of the main building or enclosed or covered porch to the rear line of the main building or
enclosed or covered porch, the width of each yard being measured between the side line
of the lot and the nearest part of the main building or enclosed or covered porch.
Yard, street side shall mean a yard extending· along the street side of a corner lot
from the front lot line to the rear lot line, and to a depth measured inward from the street
side lot line to the nearest side line of the main building.
Section 3. Section 30-37.2 of the Alameda Municipal Code is hereby amended as follows:
30-37.2 Improvements subject to Design Review and Exemptions.
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 twelve
hundred (1 ,200)_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,
5. Restoration of an original architectural element consistent with architectural style
of structure at the t'ime of construction or in cases ~here 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 twelve hundred (1 ,200)
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 not located on a street facing elevation or in a street facing
yard, and 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.
1 0. Green roofs and similar vegetated roof features that do not involve modifications
to the roof form or roof pitch, or existing tile or slate roofs, or a historic structure.
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. Accessory dwelling units and junior accessory dwelling units consistent with
development regulations and review processes of Section 30-5.18.
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 chimney is not a character-defining feature on properties listed as a
historic resource.
18. Window and door improvements, including new installation, removal, relocation,
or resizing of existing openings, provided the improvement:
A. Does not alter any original or other architecturally significant character-defining
features, such as stained glass, decorative arches and other special treatment.
B. Is made of materials that outwardly have the same dimensions, proportions,
details, and textures of the original architectural style of the structure and that
outwardly appear 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 4. Section 30-4.8 of the Alameda Municipal Code is hereby amended as follows:
30-4.8 C-1, Neighborhood Business District.
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c. Uses Requiring Use Permits. It is the intent of this paragraph that the following
uses shall be reviewed by the Planning Board for their appropriateness in a
specific location, or for such other factors as safety, congestion, noise,
adequate light and air for dwelling uses, and similar considerations.
1 . Any dwelling use permitted in the R Districts; provided that the residential
use will not conflict with or inhibit attainment of General Plan land use
designations or the operation of legitimate business uses within the
commercial district; that new residential use shall not occupy ground floor
space considered suitable for business use; and that new structures
devoted solely to residential use shall not be permitted; and that there shall
be not less than two thousand (2,000) square feet of lot area for each
dwelling unit.
2. Uses permitted in the A-P District, and other office uses not associated with
permitted retail sales use of the site, which are not otherwise permitted in
paragraph b.2.(r).
3. Gasoline service stations, exclusive of body, chassis and painting work,
provided that all operations except the service with gasoline, oil, air and
water shall be conducted within a building; subject further to the provisions
of subsection 30-5.7, of this article.
4. The following and similar retail business, or service uses:
(a) Public buildings intended to directly serve the public,
(b) Self-operated laundries,
(c) Taverns without live entertainment,
(d) Restaurants, snack bars, lunch counters, but excluding drive-ins,
(e) Convenience food stores,
(f) Grocery stores,
(g) Liquor stores,
(h) Plant nurseries,
(i) Those portions of grocery stores devoted to the sale of alcoholic
beverages,
0) Small upholstery shops, exclusive of refinishing and other furniture repair
or manufacturing,
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(k) Commercial recreation.
5. Any permitted use listed in paragraph b. that does business between the
hours of 1 0:00 p.m. and 7:00 a.m.
6. Any permitted use listed in paragraph b. which is not principally conducted
within an enclosed structure.
7. Theaters with live performances that are in combination with other permitted
uses.
8. Pet shops and animal grooming facilities. Such uses may be allowed only
upon a finding that sufficient air conditioning and soundproofing will 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.
9. Boutique theater.
1 0. Large format retail including conversion of existing multiple retail tenant
spaces to a single tenant space larger than thirty thousand (30,000) square
feet (if part of a planned development, no use permit is required). Super
stores, as defined in Section 30-2, are prohibited.
11 . Shared living, provided the facility is located above the ground floor.
12. Work/live studios subject to the requirements of Section 30-15.
Section 5. Section 30-4.9 of the Alameda Municipal Code is hereby amended as follows:
30-4.9 C-2, Central Business District.
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c. Uses Requiring Use Permits. It is the intent of this paragraph that the following uses
shall be reviewed by the Planning Board for their appropriateness in a specific
location, or for such other factors as safety, congestion, noise and similar
considerations.
1. Automobile sales and services, used car lots, provided, however, that the
restrictions of paragraph b.3. related to number of employees allowed, shall not
apply to these uses.
2. Drive-in restaurants and other drive-in establishments, but excluding drive-in
movie theaters.
3. Any dwelling use as regulated by subsection 30-4.8c.1 of this article.
4. Veterinary clinics and/or veterinary hospitals. Such uses may be allowed only upon
a finding by the Planning Board that sufficient air conditioning and soundproofing
will be provided 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.
5. Gasoline service stations, exclusive of body, chassis and painting work, provided
that all operations except the service with gasoline, oil, air and water shall be
conducted within a building. See also yard requirements for gasoline stations,
paragraph g. of this subsection and driveway requirements subsection 30-5. 7i.
6. Uses permitted in the A-P District, and other office uses not associated with
permitted retail sales use of the site, which are not otherwise permitted in
paragraph b.20) above.
7. The following and similar retail, business, or service uses:
(a) Commercial parking lots and structures,
(b) Health studios or massage parlors,
(c) Convenience food stores,
(d) Combination liquor and convenience stores,
(e) Small upholstery shops, exclusive of refinishing and other furniture repair or
manufacturing.
8. Any permitted use listed in paragraph b. that does business between the hours of
10:00 p.m. and 7:00 a.m. and is adjacent to a residential zone or on a street
abutting a residential zone.
9. Ice dispensing stations (automatic).
10. Taxi·stands.
11 . Liquor stores.
12. Commercial recreation.
13. Any uses permitted in C-1 and C-2 districts which are not conducted within an
enclosed structure.
14. Car washing establishments.
15. Commercial marinas subject to the following standards:
(a) Sheet flow of storm runoff into the bay and estuary shall not be permitted.
Drainage facilities shall be reviewed on a project by project basis.
(b) Appropriate shoreline stabilization shall be required.
(c) Any refueling facilities shall be equipped with appropriate containment trays to
prevent petroleum products from spilling onto the ground or into the water.
These trays shall be regularly cleaned.
(d) Adequate facilities shall be provided to accommodate disposal of sewage and
engine oil residues without per use cost. In addition, marinas shall sell to
lessees, at cost, during all regular marina hours, absorbent materials designed
to remove oil from bilge water, as well as provide, without cost, adequate
disposal faCilities for petroleum saturated absorbent materials. Signs shall be
prominently posted at each dock access point indicating the availability of such
absorbent materials and disposal facilities, the fine for illegally dumping
petroleum products into the water, and the toll free number for reporting
violations of clean water regulation.
(e) Conditions for rental and lease agreements shall include provisions requiring
the termination of such agreements if boat owners are cited for having, or are
known by marina operators to have, deliberately discharged petroleum
products, contaminated bilge water, trash or sanitary wastes into marina water.
They shall also require boat owners to remove boats from the water before
scraping or painting hulls in a manner which discharges toxic residues into the
surrounding waters.
(f) Marinas shall be engineered to avoid potential impacts related to seismic
hazards.
(g) New marina proposals shall be reviewed for noise generated by nearby uses.
(h) Projects shall be reviewed for glare, and down-cutoff lighting shall be required.
(i) Specific projects shall be reviewed for auto traffic impacts.
0) Commercial marinas shall generally conform to the guidelines of the State
Department of Boating and Waterways.
(k) All personnel involved in construction will be informed of the possibility of
encountering archaeological or historical remains. If such remains are
encountered, work in the vicinity will cease until a qualified archaeologist or
historian can be consulted in conformance with 36 CFR 800 7 procedures as
discussed in the Memorandum of Understanding dated October 1980, signed
by FHWA, SHPO and the Department of the Interior.
(I) Live aboards are permitted in commercial marinas occupying up to a maximum
of ten (1 0%) percent of the total berths.
(m)Houseboats are permitted only in existing houseboat marinas.
16. Large format retail including conversion of existing multiple retail tenant spaces to
a single tenant space larger than thirty thousand (30,000) square feet (if part of a
planned development, no use permit is required). Super stores, as defined in
Section 30-2, are prohibited.
17. Shared living, provided the facility is located above the ground floor.
18. Work/live studios subject to the requirements of Section 30-15.
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Section 6. Section 30-4.9A of the Alameda Municipal Code is hereby amended as
follows:
30-4.9A C-C, Community Commercial Zone.
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c. Uses Requiring Use Permits.
1. The following retail sales and services require approval of a use permit in the C-C
District by the Planning Board as regulated by subsection 30-21.3. In addition to the
findings included in subsection 30-21.3 approval of a use permit is subject to finding the
use consistent with the policies of the General Plan and the purpose of the C-C Zoning
District.
(a) Any use in this district that does business between the hours of 10:00 p.m. and 7:00
a.m.,
(b) Any permitted or conditional use which is not conducted within an enclosed structure,
(c) Athletic club and 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 eighty-five (85') feet south of the Pacific
Avenue right-of-way and one hundred eighteen (118') feet west of the Webster Street
right-of-way,
(f) Automobile parts store, wholesale and retail,
(g) Automobile rental, subject to the location restrictions specified in subsection 30-
4.9.Ac.1.(e),
(h) Automobile repair shop, subject to the location restrictions specified in subsection 30-
4.9Ac.1.(e),
(i) Automobile showroom/sales, provided it is within a completely enclosed building and
excluding businesses with sales devoted primarily to use vehicles,
0) Bars,
(k) Beauty college,
(I) Bed and breakfast facility, upon compliance with standards set forth in the definition
for bed and breakfast in Section 30-2,
(m) Business college,
(n) Catering business,
(o) Commercial parking lot or structure,
(p) Commercial recreation,
(q) Convenience store,
(r) Grocery stores,
(s) Drive-through restaurant and other drive-through establishments, but excluding drive-
in movie theater subject to the location restrictions specified in subsection 30-
4.9Ac.1.(e),
(t) 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,
(u) Gasoline service stations, exclusive of body, chassis and painting work, provided that
all operations except the service with gasoline, oil, air and water shall be conducted
within a building. See also yard requirements for gasoline stations, paragraph (g) of
this subsection and driveway requirements subsection 30~5. 7i,
(v) Gun and firearms sales when accessory to a sporting goods store provided the gun
and firearms sales are limited to no more than five (5%) percent of the retail area,
(w) Hairstyling and beauty salons, including, but not limited to, body care services such
as manicures, pedicures, make up, facials, waxing, electrolysis, tanning within the
Webster Street C-C District only,
(x) Hotel and motel, provided floor area devoted to a retail service use allowed within this
district is included on the ground floor,
(y) Liquor store,
(z) Lodge hall and social club,
(aa) Martial arts, dance, jazzercise and similar uses,
(bb) Massage businesses located on the ground floor,
(cc) Medical facility,
(dd) Music studios,
(ee) Office uses not associated with a permitted or conditional use in this district and/or
occupying the front fifty (50%) percent of the ground floor space directly fronting a
public street, alley or sidewalk,
(ff) Plant nursery,
(gg) 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,
(hh) Public and 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,
(ii) Self-operated laundry and cleaning establishments,
OD Large format retail including conversion of existing multiple retail tenant spaces to a
single tenant space larger than thirty thousand (30,000) square feet (if part of a
planned development, no use permit is required). Super stores, as defined in Section
30-2, are prohibited,
(kk) Shared living, provided the facility is located above the ground floor,
(II) Small upholstery shops, exclusive of refinishing and other furniture repair or
manufacturing,
(mm) 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's stock,
(nn) Taverns,
(oo) Theater, including movie and live,
(pp) Those portions of grocery stores devoted to the sale of alcoholic beverages,
(qq) Upholstery shop, exclusive of refinishing and other furniture repair or manufacturing,
(rr) Used household articles and clothing stores,
(ss) Veterinary clinic and/or veterinary hospital, provided the Planning Board finds the use
has sufficient air conditioning and soundproofing 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,
(tt) Work/live studios subject to the requirements of Section 30-15,
(uu) Yoga Studios located on the ground floor,
(w) Commercial recreation.
2. Other uses which the Planning Director finds similar to the above list and consistent
with the purpose of the C-C Zoning District subject to use permit approval by the Planning
Board, provided the following uses are expressly prohibited: check cashing business, gun
and firearms sales when more than five (5%) percent 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, 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 C-C District. The determination of similar
use by the Planning Director shall be included on the agenda for the next available
Planning Board meeting and confirmed by the Planning Board. Determinations of similar
use are also subject to appeal pursuant to Section 30-25.
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Section 7. Section 30-15 of the Alameda Municipal Code is hereby amended as follows:
30-15 WORK/LIVE STUDIOS
30-15.1 Purpose.
The intent of this section is to set forth regulations and standards for establishing and
operating work/live studios as a primary commercial/industrial use, in which the proprietor
would be allowed to reside as a secondary land use activity. The purposes of these
provisions for work/live studios are:
a. To provide for and make feasible the reuse of existing commercial or industrial
buildings and related sites in the Northern Waterfront and other specified
commercial, manufacturing, and industrial zoning districts as proposed in the
Alameda General Plan;
b. To provide cost-efficient alternative work space that will provide an incentive for
entrepreneurs, business owners, artists, artisans, and other individuals to
continue to work in Alameda and contribute to the City's economy;
c. To reduce traffic and associated adverse impacts on air quality, energy
resources, and the quality of life in the City by reducing the number and length
of work-related trips by employed Alameda residents;
d. To promote the preservation and reuse of commercial or industrial buildings that
contribute to the historic character of the community in a manner that is
consistent with other community goals and policies;
e. To allow activities that are compatible with and will not compromise or interfere
with existing and potential industrial or commercial uses in the districts where
such work/live studios are established;
f. To ensure that work/live studios will function predominantly as work spaces with
incidental residential accommodations that meet basic habitability requirements
in compliance with applicable regulations. No portion of any work/live studio shall
be considered a "dwelling" as that term is defined in Sections 30-2 and 30-51 .1;
g. To ensure that the exterior design of structures converted to work/live use reflects
the predominant industrial or commercial character of such buildings and will be
compatible with adjacent commercial or industrial uses;
h. To ensure that, where there is adjacent residentially zoned land, changes to the
exterior of structures converted to work/live are designed to make the
commercial or industrial building being converted more compatible with the
adjacent residential area.
30-15.2 Applicability.
Work/live studios are only allowed subject to the approval of a use permit in the C-M
(Commercial-Manufacturing), M-1 (Intermediate Industrial [Manufacturing]), C-C
(Community Commercial), C-1 (Neighborhood Business), C-2 (Central Business), M-X
(Mixed Use Planned Development), and M-2 (General Industrial [Manufacturing]) Zoning
Districts, and within certain subareas as regulated under the Alameda Point (Section 30-
4.24) and North Park Street District (Section 30-4.25) regulations.
30-15.3 Definitions.
The following definitions shall be applicable in this Article:
a. Living space shall mean that portion of a work/live studio that is used for residential
purposes including, but not limited to, a sleeping area, a food preparation area with
reasonable work space, and a full bathroom including bathing and sanitary facilities
which satisfy the provisions of applicable codes.
b. Work/live studio shall mean a commercial or industrial unit with incidental residential
accommodations occupying one (1) or more rooms or floors in a building primarily
designed and used for industrial or commercial occupancy and providing:
1. Adequate working space reserved for commercial or industrial use and regularly
used for such purpose by one (1) or more persons residing in the studio;
2. Living space as defined in subsection 30-15.3(a) and in accordance with the
provisions of this section.
c. Adjacent shall mean that properties share a common property boundary or are directly
across a street right-of-way.
30-15.4 Development Standards.
a. Minimum Floor Area. Each work/live studio shall include at least five hundred (500)
square feet of gross floor area.
b. Maximum Permitted Living Space Area. Not more than thirty (30%) percent or four
hundred (400) square feet, whichever is less, of the work/live studio shall be reserved
for living space as defined in Section 30-15.3. The rest of the gross floor area of each
work/live studio shall be reserved and regularly used for working space.
c. Separation Required. Each work/live studio shall be separated from other work/live
studios or other uses in the building. Access to each work/live studio shall be provided
from common access areas, common halls or corridors, or directly from the exterior
of the building.
d. Parking. Each work/live studio shall have a maximum of one and one-half (1 1 /2)
parking spaces subject to compliance with all other applicable requirements of Section
30-7.
30-15.5 Additional Requirements.
a. Use Permit Required. Each building that contains work/live studios shall be subject to
a use permit, which shall include conditions of approval as required to assure
adequate standards of health, safety, and welfare and consistency with the purposes
for work/live studios set forth in this Chapter. Each work/live studio shall be subject to
all conditions of approval for the building in which it exists unless the use permit states
otherwise.
b. Work/Live Permit Required. Each tenant or owner of an individual work/live studio
must obtain a work/live permit prior to occupancy. Such permit shall be issued by the
Planning Director based on a determination that the proposed occupancy is consistent
with the approved use permit and all applicable requirements of this section.
Application for a work/live permit shall be made to the Planning Department in writing
on a form approved by the Department and shall be accompanied by a fee as set by
resolution of the City Council.
c. Design of Work/Live Studios. Subject to all applicable building and fire code
requirements:
1. Work/live studios shall be designed to accommodate commercial or industrial uses
conforming to the Group B occupancy classification under the California Building
Standards Code and as evidenced by the provision of ventilation, interior storage,
flooring, and other physical improvements of the type commonly found in
exclusively commercial or industrial facilities used for the same work activity; and
2. Areas within a work/live studio that are designated as living space shall be an
integral part of the work/live studio and not separated from the work space, except
that mezzanines and lofts may be used as living space subject to compliance with
other provisions of this Article. Examples of ways to integrate the work space and
living space in compliance with this section include, but are not limited to, the
following:
(a) Doors or solid walls between the work space and areas used for living space
do not extend all the way to the ceiling, except for sanitary facilities and rooms
used primarily for sleeping,
(b) There is a single entrance to the work/live studio,
(c) There are no walls separating the food preparation area from the work space,
(d) Only the sanitary facilities and rooms designated for sleeping are enclosed and
all other portions of the living area are not separated from the work space.
d. Permitted Work Activity. The work activity in a building where work/live units are
allowed shall be any use permitted by right or use permit in the zoning district, except
that, in order to protect the health and safety of persons who reside in a work/live
studio or in a building which contains one (1) or more work/live studios, no work activity
shall be permitted nor shall any work/live studio be established on any site that
contains those uses which the Planning Director when considering a work/live permit
or the Planning Board when considering a use permit, finds would, by virtue of size,
intensity, number of employees or the nature of the operation, have the potential to
create significant impacts by reason of dust, glare, heat, noise, noxious gases, odor,
smoke, traffic, vibration or other impacts, or would be hazardous by way of materials,
process, product or wastes including, but not limited to: auto service/repair, vehicle
sales or leasing, car washes, service stations, bars/lounges/night clubs, adult
businesses, marine engine repair/refueling facilities, animal kennels/grooming/pet
shops, liquor stores, veterinary offices/hospitals, funeral parlors/mortuaries, outdoor
storage as a primary use, crematories/columbaria, dismantling facilities/scrap yards,
public utility structures and facilities, tire sales/service, truck stops/repair.
Uses allowed under the foregoing paragraph that may, depending on how they are
operated, also have the potential to generate impacts or would constitute a change in
occupancy under the building code shall not be approved unless the Planning Director
finds that as proposed to be conducted, or as modified by conditions of use permit,
they would not conflict with or adversely affect existing work uses in the building and
in the area where the work/live studio is located. No use shall be approved where,
given the design or proposed design of the work/live studio, there would be the
potential for adverse health impacts from the proposed use on the people residing in
the studio. An example of a potential health impact is the potential for food
contamination from uses which generate airborne particulates in a studio with an
unenclosed kitchen.
e. Rental and Sale Limitations.
1. No work/live studio, or any portion thereof, shall be sold as an individual unit.
2. No portion of a work/live studio may be separately rented or sold as a commercial
space for a person or persons not living in the premises or as a residential space
for a person or persons not working in the same studio.
3. The restrictions shall be binding upon any successor in ownership of the property
and lack of compliance shall result in legal action against the property owner.
f. Lease Agreements. The property owner or manager of the property shall ensure that
all work/live studio leases include provisions requiring maintenance of a valid
Work/Live Permit and valid business license.
g. Business License Required. At least one (1) occupant of each work/live studio shall
maintain a current City of Alameda business license for a business located in that
studio.
h. Mixed Occupancies. If a building contains mixed occupancies of work/live studios and
other nonresidential uses, occupancies other than work/live shall meet all applicable
requirements for those uses, and proper occupancy separations shall be provided
between the work/live studios and other occupancies, as determined by the Building
Official.
i. Notice to Occupants Required. The owner or developer of any building containing
work/live studios shall provide written notice to all work/live occupants and users that
the surrounding area may be subject to levels of noise, dust, fumes, or other effects
associated with commercial and industrial uses at higher levels than would be
expected in residential areas. State and Federal health regulations notwithstanding,
noise and other standards shall be those applicable to commercial or industrial
properties in the district where the project is located. For purposes of noise control,
work/live studios shall be classified as commercial property under Table II in Section
4-1 0.4 of the Alameda Municipal Code.
j. Change of Use From Work/Live Studio. No work/live studio shall be changed to
exclusively residential use in any building where residential use is not permitted. The
conversion of an existing work/live studio to exclusively residential or_nonresidential
use is permitted with a Conditional Use Permit amendment and when the conversion
meets all other applicable Alameda Municipal Code requirements for the proposed
use. Such a change shall be subject to all applicable requirements for the district
where the proposed dwelling unit is located.
k. Increase in Residential Use. No work/live studio shall be changed to increase the floor
area devoted to residential use without review and approval of the Planning Director.
In no case shall the floor area devoted to residential use be increased to more than
four hundred (400) square·feet or thirty (30%) percent of the gross floor area of the
unit, whichever is less.
I. Additions to Building Envelope. All changes to the exterior of work/live structures shall
comply with the purposes set out in subsections 30-15.1 g. and h. and with the required
finding set out in subsection 30-15.6d.
m. Deed Restriction Required. Prior to the City issuing a building permit for any work/live
studio, the property owner shall file with the county recorder a declaration of
restrictions, which has been approved by the City Attorney as to its form and content,
specifying the limitations of use and operation included in the use permit and all
Additional Requirements specified in this Section 30-15.5.
n. Landscaping. Where a building with work/live use is adjacent to residentially-zoned
land, screening landscaping shall be provided and maintained as a buffer between
the work/live building and adjacent residentially-zoned land where feasible in light of
building setbacks, existing and required parking and whether there is land available
along the property boundary.
o. Hazardous/Toxic Materials. A Phase I Environmental Assessment for a site proposed
for work/live occupancy, including but not limited to an expanded site investigation to
determine whether lead based paint and asbestos hazards exist, is required to be
submitted as part of the application for a use permit. The purpose of this requirement
is to assess whether there are any hazardous or toxic materials on the site that could
pose a health risk. Where the Phase I shows that there are potential health risks, a
Phase 2 Environmental Assessment shall be prepared and submitted to determine if
remediation may be required.
30-15.6 Findings Required.
In addition to any other findings required by Section 30-21.3, the approval of any use
permit required under this Chapter shall require a finding that the proposed use is
consistent with the purposes for work/live studios set forth in Section 30-15.1 with respect
to the circumstances and conditions of the subject property. The following additional
findings must also be made:
a. The proposed or existing use of each work/live studio is a bona fide commercial or
industrial activity consistent with Section 30-15.5d.;
b. The establishment of work/live studios will not under the circumstances conflict
with nor inhibit industrial or commercial uses in the area where the project is
proposed;
c. Any building containing work/live studios and each work/live studio within the
building has been designed to ensure that they will function predominantly as work
spaces with incidental residential accommodations meeting basic habitability
requirements in compliance with applicable regulations;
d. Any changes proposed to the exterior appearance of the building will be
compatible with adjacent commercial or industrial uses where all adjacent land is
zoned for commercial or industrial uses. If there is adjacent residentially-zoned
land, then the proposed changes to the building shall make the commercial or
industrial building being converted more compatible with the adjacent residential
area.
Section 8. Section 30-82 of the Alameda Municipal Code is hereby amended as follows:
30-82 LOT LINE ADJUSTMENT MAP.
a. A lot line adjustment between four (4) or fewer adjoining parcels, where land taken
from one (1) parcel is added to an adjoining parcel, and where a greater number of
parcels than originally existed is not thereby created, may be approved by both the
City Engineer and Planning Director.
1 . The adjustment is for the creation of a new property line and/or to facilitate the
transfer of land from one (1) lot to adjoining lots, including the merger of two (2) or
more lots into one (1) lot.
2. The portion of the lot remaining after the creation of the new parcel shall meet all
the requirements for a lot (area, width, etc.) as set forth in the City zoning
regulations.
3. No street improvements or other subdivision improvements are required .
b. The lot line adjustment application shall include the following:
1 . Legal Descriptions and a Plat Map of the pa·rcels prior to and after the adjustment,
2. An exhibit showing all existing structures and easements in relation to the existing
and proposed lot lines,
3. Title report(s), and
4. Any additional information necessary to review the application, as determined by
the City Engineer or Planning Director .
c. The Legal Description and Plat Map shall be prepared by a licensed land surveyor.
d. The original drawings or reproducible copies of deed record drawings shall be kept in
the City Engineer's files.
e. The deed describing the transfer shall be recorded with the County Recorder.
f. A fee shall be paid at the time of application of a lot line adjustment map. The fee shall
be set by City Council Resolution.
Section 9. CEQA Determination. Adoption of this Ordinance is exempt from CEQA
pursuant to CEQA Guidelines sections 15061 (b)(3) (common sense exemption: where it
can be seen with certainty that the proposal does not have the potential to have a
significant effect on the environment) and 15183 (projects consistent with a community
plan, general plan, or zoning).
Section 10. Severability. If any provision of this Ordinance is held by a court of competent
jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance
that can be given effect without the invalid provision and therefore the provisions of this
Ordinance are severable. The City Council declares that it would have enacted each
section, subsection, paragraph, subparagraph and sentence notwithstanding the
invalidity of any other section, subsection, paragraph, subparagraph or sentence.
Section 11. Implied Repeal. Any provision of the Alameda Municipal Code inconsistent
with the provisions of this Ordinance, to the extent of such inconsistencies and no further,
is hereby repealed or modified to the extent necessary to effect the provisions of this
Ordinance.
Section 12. Effective Date. 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. Authority. This Ordinance is enacted pursuant to the City of Alameda's
general police powers and Article XI of the C lifornia Constitution.
Attest
l a ... r vVL.-{_,,.
Lara Weisiger, ~ Clerk