2005-03-15 PacketCITY OF ALAMEDA • CALIFORNIA
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT COMMISSION
TUESDAY - - - MARCH 15, 2005 - - - 6:35 P.M.
Time: Tuesday, March 15, 2005, 6:35 p.m.
Place: City Council Chambers Conference Room, City Hall, corner
of Santa Clara Avenue and Oak Street.
Agenda:
1. Roll Call.
2. Public Comment on Agenda Items Only.
Anyone wishing to address the Commission on agenda items only,
may speak for a maximum of 3 minutes per item.
3. Adjournment to Closed Session to consider:
3 -A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Name of case: Community Improvement Commission v. Rite
Aid Corporation, Thrifty, Payless, Inc.
4. Announcement of Action Taken in Closed Session, if any.
Adjournment
Beverly Jal• •, f air
Community .r•ve ent Commission
CITY OF ALAMEDA • CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY - - - MARCH 15, 2005 - - - 7:00 P.M.
Time: Tuesday, March 15, 2005, 7:00 p.m.
Place: City Council Chambers Conference Room, City Hall, corner
of Santa Clara Avenue and Oak Street.
Agenda:
1. Roll Call.
2. Public Comment on Agenda Items Only.
Anyone wishing to address the Council on agenda items only,
may speak for a maximum of 3 minutes per item.
3. Adjournment to Closed Session to consider:
3 -A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: 2900 Main Street.
Negotiating Parties: City of Alameda and Alameda Gateway,
Ltd.
Under Negotiation: Price and terms.
4. Announcement of Action Taken in Closed Session, if any.
Adjournment
CITY OF ALAMEDA • CALIFORNIA
IF YOU WISH TO ADDRESS THE BOARD:
1. Please file a speaker's slip with the Deputy City
Clerk, and upon recognition by the Chair, approach the
rostrum and state your name; speakers are limited to 3
minutes per item.
2. Lengthy testimony should be submitted in writing and
only a summary of pertinent points presented verbally.
3. Applause and demonstrations are prohibited during
Board meetings.
ANNUAL MEETING OF THE ALAMEDA PUBLIC FINANCING AUTHORITY
TUESDAY - - - MARCH 15, 2005 - - - 7:25 P.M.
Location: Council Chambers, City Hall, corner of Santa Clara Avenue
and Oak Street.
Public Participation
Anyone wishing to address the Board on agenda items or business
introduced by Board Members may speak for a maximum of 3 minutes per
agenda item when the subject is before the Board. Please file a
speaker's slip with the Deputy City Clerk if you wish to speak on an
agenda item.
PLEDGE OF ALLEGIANCE
ROLL CALL
MINUTES
Minutes of the Annual Alameda Public Financing Authority (APFA)
Meeting of March 16, 2004.
AGENDA ITEMS
None.
ORAL COMMUNICATIONS (Public Comment)
Any person may address the Board in regard to any matter over which the
Board has jurisdiction that is not on the agenda.
BOARD COMMUNICATIONS (Communications from the Board)
ADJOURNMENT
CITY OF ALAMEDA • CALIFORNIA
SPECIAL JOINT MEETING OF THE CITY COUNCIL
AND COMMUNITY IMPROVEMENT COMMISSION
TUESDAY - - - MARCH 15, 2005 - - - 7:27 P.M.
Location: City Council Chambers, City Hall, corner of Santa Clara
Avenue and Oak Street.
Public Participation
Anyone wishing to address the Council /Commission on agenda items or
business introduced by Councilmembers /Commissioners may speak for a
maximum of 3 minutes per agenda item when the subject is before the
Council /Commission. Please file a speaker's slip with the Deputy
City Clerk if you wish to speak on an agenda item.
ROLL CALL
CONSENT CALENDAR
Consent Calendar items are considered routine and will be
enacted, approved or adopted by one motion unless a request
for removal for discussion or explanation is received from the
Commissioners or a member of the public.
1 -A. Recommendation to approve a form of Assignment and Assumption
Agreement between University Avenue Housing and Alameda Point
Collaborative.
AGENDA ITEMS
None.
ADJOURNMENT
Beverly Johnson, Mayor
Chair, Community Improvement
Commission
CITY OF ALAMEDA • CALIFORNIA
IF YOU WISH TO ADDRESS THE COUNCIL:
1. Please file a speaker's slip with the Deputy City
Clerk and upon recognition by the Mayor, approach the
podium and state your name; speakers are limited to
three (3) minutes per item.
2. Lengthy testimony should be submitted in writing and
only a summary of pertinent points presented verbally.
3. Applause and demonstration are prohibited during
Council meetings.
AGENDA REGULAR MEETING OF THE CITY COUNCIL
TUESDAY MARCH 15, 2005 - - - - 7:30 P.M.
[Note: Regular Council Meeting convenes at 7:30 p.m., City
Hall, Council Chambers, corner of Santa Clara Ave and Oak St.]
The Order of Business for City Council Meeting is as follows:
1. Roll Call
2. Agenda Changes
3. Proclamations, Special Orders of the Day and Announcements
4. Consent Calendar
5. Agenda Items
6. Oral Communications, Non - Agenda (Public Comment)
7. Council Communications (Communications from Council)
8. Adjournment
Public Participation
Anyone wishing to address the Council on agenda items or business
introduced by Councilmembers may speak for a maximum of 3 minutes
per agenda item when the subject is before Council. Please file a
speaker's slip with the Deputy City Clerk if you wish to address
the City Council.
SPECIAL MEETING OF THE COMMUNITY IMPROVEMENT 6:35 P.M.
COMMISSION, CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
SPECIAL MEETING OF THE CITY COUNCIL 7:00 P.M.
CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
ANNUAL MEETING OF THE ALAMEDA PUBLIC FINANCING 7:25 P.M.
AUTHORITY, CITY COUNCIL CHAMBERS
Separate Agenda
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND 7:27 P.M.
COMMUNITY IMPROVEMENT COMMISSION, CITY COUNCIL CHAMBERS
Separate Agenda
SPECIAL MEETING OF THE CITY COUNCIL 7:35 P.M.
CITY COUNCIL CHAMBERS CONFERENCE ROOM
Separate Agenda (Closed Session)
1. ROLL CALL - City Council
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3 -A. Proclamation declaring March 2005 as Red Cross Month.
4. CONSENT CALENDAR
Consent Calendar items are considered routine and will be
enacted, approved or adopted by one motion unless a request
for removal for discussion or explanation is received from the
Council or a member of the public.
4 -A. Minutes of the Special City Council Meeting, the Special Joint
City Council and Housing Authority Board of Commissioners
Meeting, and Regular City Council Meeting held on March 1,
2005.
4 -B. Bills for ratification.
4 -C. Recommendation to adopt Zoning Ordinance Text Amendment, ZA03-
0003, Citywide Guide to Residential Design.
4 -D. Recommendation to authorize the Mayor, City Manager and /or
Designee to send letters opposing the proposed suspension of
mandated cost reimbursements.
4 -E. Adoption of Resolution Upholding the Planning Board's Decision
to Readopt ZA04 -0002 to the Webster Street Design Guidelines,
Known Henceforth as the Webster Street Design Manual.
5. REGULAR AGENDA ITEMS
5 -A. Adoption of Resolution Commending Alameda Police Department
Captain Rich McWilliams for His Contributions to the City of
Alameda.
5 -B. Public Hearing to consider an Appeal of the Planning Board's
denial of Major Design Review DR04 -0082 and Variance VO4 -0014
to permit the conversion of an existing detached garage to be
used as a dwelling unit; and adoption of related resolution.
The site is located at 1608 Santa Clara Avenue within the R -4,
Neighborhood Residential District. Applicant /Appellant:
Michele and Frank Mulligan.
5 -C. Public Hearing to consider Zoning Text Amendment ZA05 -0001 and
Rezoning R05 -0001 to create a Theater Overlay District and
rezone certain properties to the Theater Overlay District; and
• Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Section 30 -2 (Definitions); Amending
Subsection 30 -3.2 (Combining Districts); Adding a New
Subsection 30 -4.22 (T- Theater Combining District); and
Reclassifying and Rezoning Certain Properties Within the
City of Alameda to Include the Theater Combining District.
[Continued from March 1, 2005]
5 -D. Public Hearing to consider a Citywide Zoning Text Amendment
ZA04 -0001 to review and revise Alameda Municipal Code Section
30 -6, Sign Regulations, clarifying current regulations and
establishing internal consistency with various Alameda
Municipal Code sections with the primary focus on regulations
pertaining to Window Signs; and
• Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Section 30 -2 (Definitions) of Article I
(Zoning Districts and Regulations) of Chapter XXX
(Development Regulations) by Adding a New Section 30 -6
(Sign Regulations) to Chapter XXX (Development
Regulations) .
5 -E. Recommendation to approve the Theatre Design Guidelines and
presentation of conceptual parking structure designs.
6. ORAL COMMUNICATIONS, NON - AGENDA (Public Comment)
Any person may address the Council in regard to any matter
over which the Council has jurisdiction or of which it may
take cognizance, that is not on the agenda.
7. COUNCIL COMMUNICATIONS (Communications from Council)
8. ADJOURNMENT
* **
• For use in preparing the Official Record, speakers reading a
written statement are invited to submit a copy to the City Clerk
at the meeting or e -mail to: lweisige @ci.alameda.ca.us
• Sign language interpreters will be available on request. Please
contact the City Clerk at 747 -4800 or TDD number 522 -7538 at
least 72 hours prior to the Meeting to request an interpreter.
• Equipment for the hearing impaired is available for public use.
For assistance, please contact the City Clerk at 747 -4800 or TDD
number 522 -7538 either prior to, or at, the Council Meeting.
• Accessible seating for persons with disabilities, including
those using wheelchairs, is available.
• Minutes of the meeting available in enlarged print.
• Audio Tapes of the meeting are available upon request.
• Please contact the City Clerk at 747 -4800 or TDD number 522 -7538
at least 48 hours prior to the meeting to request agenda
materials in an alternative format, or any other reasonable
accommodation that may be necessary to participate in and enjoy
the benefits of the meeting.
CITY OF ALAMEDA • CALIFORNIA
SPECIAL MEETING OF THE CITY COUNCIL
TUESDAY - - - MARCH 15, 2005 - - - 7:35 P.M.
Time: Tuesday, March 15, 2005, 7:35 p.m.
Place: City Council Chambers Conference Room, City Hall, corner
of Santa Clara Avenue and Oak Street.
Agenda:
1. Roll Call.
2. Public Comment on Agenda Items Only.
Anyone wishing to address the Council on agenda items only,
may speak for a maximum of 3 minutes per item.
3. Adjournment to Closed Session to consider:
3 -A. PUBLIC EMPLOYMENT
Title: City Manager.
4. Announcement of Action Taken in Closed Session, if any.
Adjournment
Beverly(JoYnti$on Mayor
CITY OF ALAMEDA
Memorandum
Date: March 10, 2005
To: Honorable Mayor
and Councilmembers
From: William C. Norton
Interim City Manager
Re: Regular and Special City Council Meetings, Special Meetings of the
Community Improvement Commission, Annual Meeting of the Alameda
Public Financing Authority, and Special Joint Meeting of the City Council
and Community Improvement Commitment Meeting March 15, 2005.
Transmitted are the agendas and related materials for the Regular and Special City
Council Meetings, the Special Meetings of the Community Improvement Commission,
the Annual Meeting of the Alameda Public Financing Authority, and the Special Joint
Meeting of the City Council and Community Improvement Commitment Meeting March
15, 2005.
ANNUAL MEETING OF THE ALAMEDA PUBLIC FINANCING AUTHORITY
MINUTES
Minutes of the Annual Alameda Public Financing Authority
(APFA) Meeting of March 16, 2004.
It is recommended that the APFA accept the minutes of APFA Meeting of March 16,
2004.
SPECIAL JOINT MEETING OF THE CITY COUNCIL AND
COMMUNITY IMPROVEMENT COMMISSION
CONSENT CALENDAR
1 -A. Recommendation to approve a form of Assignment and Assumption
Agreement between University Avenue Housing and Alameda Point
Collaborative.
It is recommended that the City Council and CIC approve the assignment and
assumption between University Avenue Housing and Alameda Point Collaborative
and authorize execution of the agreement. The ARRA approved this assignment of
its Legally Binding Agreement and Property Lease (LBA) to APC on March 2, 2005.
Dedicated to Excellence, Committed to Service
Honorable Mayor and Page 2
Councilmembers March 10, 2005
CITY COUNCIL AGENDA
1. ROLL CALL - City Council
2. AGENDA CHANGES
3. PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
3 -A. Proclamation Declaring March 2005 as Red Cross Month.
At this time, the Mayor will present to Jim Franz of Alameda Red Cross a
proclamation declaring March 2005 as Red Cross Month.
CONSENT CALENDAR
4 -A. Minutes of the Special City Council Meeting, the Special Joint
City Council and Housing Authority Board of Commissioners
Meeting, and Regular City Council Meeting held on March 1,
2005.
The City Clerk has presented for approval the Minutes of the Special City Council
Meeting, the Special Joint City Council and Housing Authority Board of
Commissioners Meeting, and the Regular City Council Meeting held on March 1,
2005.
4 -B. Bills for ratification.
4 -C. Recommendation to adopt Zoning Ordinance Text Amendment, ZA03-
0003, Citywide Guide to Residential Design.
It is recommended that Council accept the draft Guide to Residential Design and
direct staff to use the guide for a one year trial period after which staff will report
back to both the Planning Board and the City Council. This guide contains more
detailed design solutions and would clarify what the community standard is.
4 -D. Recommendation to authorize the Mayor, City Manager and /or
Designee to send letters opposing the proposed suspension of
mandated cost reimbursements.
It is recommended that the Mayor, City Manager and /or designee be authorized to
send letters opposing the proposed suspension of mandated costs reimbursements
to legislative representatives. A suspension would decrease revenues by $150,000
in each of the next five fiscal years.
Dedicated to Excellence, Committed to Service
Honorable Mayor and Page 3
Councilmembers March 10, 2005
4 -E. Adoption of Resolution Upholding the Planning Board's Decision
to Readopt ZA04 -0002 to the Webster Street Design Guidelines,
Known Henceforth as the Webster Street Design Manual.
It is recommended that the Council readopt the Webster Street Design Guidelines
to be henceforth known as the Webster Street Design Manual. The WABA Board
reviewed and endorsed the updated manual on November 17, 2004, and the EDC,
who had originally reviewed and endorsed the concept in 2001, indicated the
current updating did not warrant another review.
REGULAR AGENDA ITEMS
5 -A. Adoption of Resolution Commending Alameda Police Department
Captain Rich McWilliams for His Contributions to the City of
Alameda.
Adoption of this resolution acknowledges Captain Rich McWilliams for his service
to the community. Captain McWilliams is retiring on March 20, 2005.
5 -B. Public Hearing to consider an Appeal of the Planning Board's
denial of Major Design Review DR04 -0082 and Variance VO4 -0014
to permit the conversion of an existing detached garage to be
used as a dwelling unit; and adoption of related resolution.
The site is located at 1608 Santa Clara Avenue within the R -4,
Neighborhood Residential District. Applicant /Appellant:
Michele and Frank Mulligan.
It is recommended that Council act to uphold the Planning Board's denial of the
Major Design Review and Variance to legalize the unpermitted conversion of an
existing detached garage into a dwelling unit at 1608 Santa Clara Avenue within the
R -4, Neighborhood Residential District, by adopting the draft City Council resolution
included in the agenda packet. The proposed plan to legalize the unpermitted
construction requires seven variances. The Planning Board was unable to support
the findings necessary to approve the seven requested variances. The inability to
meet minimum safety standards also led to a unanimous denial of the application by
the Planning Board.
5 -C. Public Hearing to consider Zoning Text Amendment ZA05 -0001 and
Rezoning R05 -0001 to create a Theater Overlay District and
rezone certain properties to the Theater Overlay District; and
• Amending The Alameda Municipal Code By Amending Section 30-
2 (Definitions); Amending Subsection 30 -3.2 (Combining
Districts); Adding a New Subsection 30 -4.22 (T- Theatre
Combining District); And Reclassifying And Rezoning Certain
Properties Within The City of Alameda to Include The
Theatre Combining District.
Dedicated to Excellence, Committed to Service
Honorable Mayor and Page 4
Councilmembers March 10, 2005
This action supports the public and private investment in the downtown theater
project by establishing a Theater Overlay District and rezoning portions of the Park
Street Historic Commercial District with the Theater Overlay District. This action
limits the construction of new, multi- screen movie theater development and
encourages the re -use of under utilized retail facilities.
5 -D. Public Hearing to consider a Citywide Zoning Text Amendment
ZA04 -0001 to review and revise Alameda Municipal Code Section
30 -6, Sign Regulations, clarifying current regulations and
establishing internal consistency with various Alameda
Municipal Code sections with the primary focus on regulations
pertaining to Window Signs; and
• Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Section 30 -2 (Definitions) of Article I
(Zoning Districts and Regulations) of Chapter XXX
(Development Regulations) by Adding a New Section 30 -6
(Sign Regulations) to Chapter XXX (Development
Regulations).
Introduction of this ordinance updates the AMC's sign regulations. Members of
PSBA, WABA and City staff reviewed Section 30 -6 and suggested revisions as
depicted in the attached draft ordinance. GABA was also provided with the draft
ordinance revisions for their review and comments. The draft code amendments
should result in a more streamlined development review process which may result in
cost savings to the customer and /or the property owner.
5 -E. Recommendation to approve the Theatre Design Guidelines and
presentation of conceptual parking structure designs.
It is recommended that Council approve the theatre design guidelines to give
direction to the Cineplex developer. Conceptual parking structure designs will also
be presented at the meeting. Comments provided by the Council will be included in
the Request for Proposals for the structure's design /build contract.
Dedicated to Excellence, Committed to Service
UNAPPROVED MINUTES
MINUTES OF THE ANNUAL ALAMEDA PUBLIC
FINANCING AUTHORITY MEETING
TUESDAY- -MARCH 16, 2004- -7:27 P.M.
Chair Johnson convened the Annual Meeting at 8:52 p.m.
ROLL CALL - Present: Board Members Daysog, Gilmore, Kerr,
Matarrese and Chair Johnson - 5.
Absent: None.
MINUTES
(04- ) Minutes of the Annual Alameda Public Financing Authority
(APFA) Meeting of March 18, 2003; the Special Joint City Council,
APFA and Community Improvement Commission Meetings of September 16,
2003 and October 7, 2003; the Special Joint Alameda Reuse and
Redevelopment Authority and APFA Meeting of December 2, 2003; and
the Special Joint City Council, Alameda Public Improvement
Corporation and APFA Meeting of February 17, 2004. Approved.
Board Member Daysog moved approval of the minutes.
Board Member Kerr seconded the motion, which carried by unanimous
voice vote - 5. [Note: Board Member Gilmore abstained from voting
on minutes of March 18, 2003.]
ORAL COMMUNICATIONS
None.
BOARD COMMUNICATIONS
None.
ADJOURNMENT
There being no further business Chair Johnson adjourned the Annual
Meeting at 8:53 p.m.
Respectfully submitted,
Lara Weisiger, Secretary
Alameda Public Financing Authority
The agenda for this meeting was posted in accordance with the Brown
Act.
Annual Meeting
Alameda Public Improvement Corporation
March 16, 2004
City of Alameda
MEMORANDUM
February 24, 2005
To: Honorable Mayor and Members of the City Council
Honorable Chair and Members of the Community Improvement Commission
From: William C. Norton
Interim City Manager /Interim Executive Director
Re: Recommendation to Approve a Form of Assignment and Assumption Agreement
Between University Avenue Housing and Alameda Point Collaborative
Background
As required by the federal Base Closure and Community Redevelopment and Homeless
Assistance Act of 1994, the Alameda Reuse and Redevelopment Authority (ARRA) worked with
the Alameda County Department of Housing and Community Development (County) and an
organized group of homeless service providers, known as the Alameda County Homeless
Providers Base Conversion Collaborative (currently known as the Alameda Point Collaborative
(APC)) to determine the quantity of residential and commercial square footage that would
constitute a reasonable accommodation of the homeless at the former Alameda Naval Air Station
(Alameda Point).
On May 3, 1995, the ARRA adopted the Standards of Reasonableness that provides general
commitments related to future reuse goals at Alameda Point. In 1996, the ARRA approved the
form of a Legally Binding Agreement and Property Lease (LBA) to be used by the Alameda
Point Collaborative and each Provider that was allocated housing units to accommodate its
clients. The 59 -year term of each LBA was to begin once the underlying real property was
conveyed by the Navy to the ARRA. Believing that the Navy would soon convey the real
property, the Providers began to raise funds to rehabilitate their units. The ARRA subsequently
entered into Interim Subleases with the Providers, including University Avenue Housing (UA
Housing), in order to permit them to establish "site control" necessary to retain federal and state
grant funding.
In February 2000, the City of Alameda (City), the Community Improvement Commission (CIC),
ARRA, the Alameda Housing Authority (HA), County and APC executed a Memorandum of
Understanding (MOU) that provided for 30 of the previously designated UA Housing units to be
relocated from East Housing to West Housing. As consideration, the City and CIC agreed to
contribute funds toward the rehabilitation of the UA Housing project.
Dedicated to Excellence, Committed to Service
Report #1 -A Council /CIC
3 -15 -05
Honorable Mayor and Members of the City Council February 24, 2005
Honorable Chair and Members of the Community Improvement Commission Page 2
Discussion
UA Housing entered into its LBA in 2001. Subsequently, UA Housing requested and the ARRA
approved an assignment of its LBA to the Alameda Point Collaborative on March 2, 2005. The
ARRA approved the transfer, based on the attached form of assignment and assumption
Agreement. To complete the assignment and assumption of UA Housing's rights and obligations
to the Alameda Point Collaborative, the CIC and City Council must also approve the form of
assignment and assumption agreement. As noted above, the CIC and City contributed
financially to the renovation of the UA Housing units. The two CIC covenants and the City's
HOME documents require approval of any requested transfer.
Therefore, the City Attorney's office has prepared and approved as to form the attached form of
assignment and assumption agreement (Attachment A). Upon execution of this agreement, UA
Housing and the APC can begin their transition process and APC can move forward with its next
step of closing on the necessary loan documents related to the City and CIC funding as well as
County and Federal Home Loan Bank Board funds. Through the assignment and assumption
agreement, APC will accept the assignment, from UA Housing, of all of UA Housing's rights
and obligations with respect to the LBA, the Affordable Housing Covenants, and the HOME
documents. The assigned Affordable Housing Covenants and HOME documents will be
recorded against the lease area and ensure that certain units remain affordable through the
remaining 52 -year term of the LBA.
Fiscal Impact
There is no fiscal impact to approving the form of the assignment and assumption agreement.
Recommendation
It is recommended that the City Council and CIC approve the assignment and assumption, based
on the attached form of Agreement, between UA Housing and APC and authorize the Interim
City Manager and Interim Executive Director to execute the Agreement.
Res ect lly submitte
7,
Lesl'e Little
Development Services Director
By: Ifbbie Potter
Base Reuse and Redevelopment Manager
Attachment A: Form of Assignment and Assumption Agreement
Dedicated to Excellence, Committed to Service
G: \Comdev\Base Reuse& Redevp\Elizabeth Cook\APC\March 15, 2005 CC CIC Consent to A and A of LBA\Assignment Assumption of UA
LBA.doc
EXHIBIT A
FORM OF
ASSIGNMENT AND ASSUMPTION AGREEMENT
(UA Housing)
This Assignment and Assumption Agreement (UA Housing) (the "Agreement ") is dated
as of , 2005 ( "Effective Date "), and is entered into by and among the Alameda
Reuse and Redevelopment Authority, a joint powers authority formed under California law (the
"ARRA "); the Community Improvement Commission of the City of Alameda, a public body,
corporate and politic (the "CIC "); the City of Alameda, a municipal corporation ( the "City ");
Alameda County, through its Department of Housing and Community Development, a political
subdivision of the State of California (the "County "); UA Housing, Inc. a California nonprofit
public benefit corporation ( "UA Housing "); and Alameda Point Collaborative, Inc., a California
nonprofit public benefit corporation ( "APC "), with reference to the following facts:
A. In connection with certain funding the City, the CIC and UA Housing entered into
two (2) separate Affordable Housing Covenants, each dated as of August 1, 2000 (collectively,
the "Covenants ").
B. In connection with the use of HOME funds, the City and UA Housing entered
into a Contract, dated August 1, 2000 (the "Contract ") and a Regulatory Agreement dated
August 2000 (the "Regulatory Agreement "). The Contract, Regulatory Agreement and all other
agreements by and between the City and UA Housing with respect to the use of HOME funds
shall be referred to herein collectively as the "HOME Documents ".
C. The Covenants and the Regulatory Agreement are to be recorded concurrently
with the LBA (as defined below).
D. The ARRA, the County, UA Housing and APC entered into that certain Legally
Binding Agreement and Property Lease dated December 17, 2001 for certain premises located at
Alameda Point, Alameda, California (the "LBA ").
E. The leased premises have been rehabilitated and have been continuously operated
by UA Housing, as Provider under the LBA, and managed by APC since February 1, 1999.
F. UA Housing desires to assign to APC and APC desires to accept the assignment
from UA Housing of all of UA Housing's rights and obligations with respect to the LBA, the
Covenants, and the HOME Documents.
1
G. The consent of the ARRA and the County to the assignment of UA Housing's
rights and obligations under the LBA is required pursuant to Section 6(a) of the LBA.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises of the
parties hereto and for other good and valuable consideration the receipt and sufficiency of which
are hereby acknowledged, the parties mutually agree as follows:
1. Assignment by UA Housing. As of the Effective Date, UA Housing hereby
assigns and delegates to APC all of UA Housing's rights, title, interest and obligations under (a)
the LBA, (b) each of the Covenants, and (c) the HOME Documents.
2. Acceptance of Assignment. As of the Effective Date, APC hereby accepts the
foregoing assignment and delegation and hereby assumes and agrees to perform each and every
one of UA Housing's duties, obligations, covenants, and agreements under or pursuant to (a) the
LBA, (b) each of the Covenants, and (c) the HOME Documents, and further agrees to be bound
by the terms and provisions of (a) the LBA, (b) each of the Covenants, and (c) the HOME
Documents. Any reference to UA Housing in (a) the LBA, (b) each of the Covenants, and (c)
the HOME Documents, shall hereafter be deemed a reference to APC.
3. Consent to Assignment of Covenants. The City and the CIC hereby consent to
the foregoing assignment and delegation of each of the Covenants from UA Housing to APC.
4. Consent to Assignment of HOME Documents. The City hereby consents to the
foregoing assignment and delegation of the HOME Documents from UA Housing to APC.
5. Consent to Assignment of LBA. The ARRA and the County hereby consent to
the foregoing assignment and delegation of the LBA from UA Housing to APC.
6. Representations and Authorization.
(a) UA Housing and APC represent and warrant that all of the financial and
other information required by Section 6 of the LBA has been provided to the ARRA and to the
County.
(b) Further, UA Housing and APC represent and warrant that the foregoing
assignment and delegation shall not jeopardize funding sources for rehabilitation and/or
operations of the premises subject to the LBA and that UA Housing and APC have obtained all
necessary consents and completed all required documentation for the transfer and continuation of
all such funds concurrent with the foregoing assignment and delegation.
2
(c) UA Housing has full power and authority to enter into this Agreement,
and to otherwise perform its obligations hereunder without the consent of any other person or
entity. The execution, delivery and performance of this Agreement, the fulfillment of and
compliance with the terms and provisions hereof and the due consummation of the transactions
contemplated hereby have been duly and validly authorized and approved by all requisite
corporate and other actions, all of which are in full force and effect.
7. Captions. The captions of this Agreement are inserted only as a matter of
convenience and for reference. They do not define, limit or describe the scope or intent of this
Agreement and they shall not affect the interpretation hereof.
8. Governing Law. This Agreement and all matters relating to it shall be governed
by the laws of the State of California.
9. No Other Modifications. Except as modified by this Agreement, (a) the LBA, (b)
each of the Covenants, and (c) the HOME Documents, shall continue unmodified and in full
force and effect.
10. Counterparts. This Agreement may be signed by different parties hereto in
counterparts with the same effect as if the signatures to each counterpart were upon a single
instrument. All counterparts shall be deemed an original of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
UA HOUSING:
UA Housing, Inc.,
a California nonprofit public benefit corporation
B y:
Name:
Its:
3
APC:
Alameda Point Collaborative, Inc.,
a California nonprofit public benefit corporation
B y:
Name:
Its:
ARRA:
Alameda Reuse and Redevelopment Authority,
a joint powers authority formed under California law
By: Approved as to form:
Name:
Title: By:
Name:
Title:
CIC:
COMMUNITY IMPROVEMENT COMMISSION OF THE CITY OF ALAMEDA,
a public body, corporate and politic
By: Approved as to form:
Name:
Title: By:
Name:
Title:
4
CITY:
CITY OF ALAMEDA,
a municipal corporation
By: Approved as to form:
Name :
Title: By:
Name:
Title:
COUNTY:
ALAMEDA COUNTY HOUSING AND COMMUNITY DEVELOPMENT,
a political subdivision of the State of California
By: Approved as to form:
Name :
Title: By:
Name:
Title:
5
N:\A\Alamc \Hh \docs \w -UA Housing LBA Assignment
Troctamatieii
Whereas, the American Red Cross Bay Area has served our community by
providing lifesaving information, training, and disaster relief to individuals
and families; and,
Whereas, the Red Cross is a leading voluntary agency meeting the needs of
individuals and families affected by personal emergencies and disaster;
and,
Whereas, the Red Cross has trained thousands in our community in essential skills
such as first aid and CPR, and provided education and disaster
preparedness information, saving untold numbers of lives; and,
Whereas, the American Red Cross Blood Services, Northern California Region,
provides more than 120,000 pints of blood to local patients each year; and,
Whereas, March has been designated as "Red Cross Month" by U.S. Presidential
Proclamation to celebrate the achievement of the Red Cross in the services
it provides to communities nationwide;
7Vow, therefore, I, Beverly Johnson, Mayor of the City of Alameda, do recognize the
Red Cross as the lead voluntary agency to help families prepare for a disaster and meet
the immediate needs of individuals affected by disaster, and a leading voluntary agency
training families in first aid, CPR, and preparedness education; and providing blood and
other needed services.
Further, I, Beverly Johnson, Mayor of the City of Alameda, declare March, 2005 as
Red Cross Month
in the City of Alameda and urge that our community acknowledge and support the
ongoing contribution of the Red Cross in helping our families irevent, prepare for, and
respond to emergencies and di. a :te s during Red Cro onth . d throughout the year.
, ay
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL CITY COUNCIL MEETING
TUESDAY - - - MARCH 1, 2005 - - - 6:30 P.M.
Mayor Johnson convened the Special Meeting at 6:40 p.m.
Roll Call - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese and Mayor Johnson - 5.
Absent: None.
(05- ) Conference with Real Property Negotiators - Property: 1429
Oak Street; Negotiating parties: City of Alameda and County of
Alameda; Under negotiation: Price and terms.
Following the Closed Session, the Special Meeting was reconvened
and Mayor Johnson announced that the Council gave direction to the
Real Property negotiators.
Adjournment
There being no further business, Mayor Johnson adjourned the
Special Meeting at 6:50 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the
Brown Act.
Special Meeting
Alameda City Council
March 1, 2005
UNAPPROVED MINUTES
MINUTES OF THE SPECIAL JOINT CITY COUNCIL AND
HOUSING AUTHORITY BOARD OF COMMISSIONERS MEETING
TUESDAY - - - MARCH 1, 2005 - - - 6:50 P.M.
Mayor /Chair Johnson convened the Special Joint Meeting at 6:55 p.m.
Roll Call -
Present: Councilmembers /Commissioners Daysog,
deHaan, Gilmore, Matarrese, Commissioner
Torrey, and Mayor /Chair Johnson - 6.
Absent: None.
(05- ) Conference with Legal Counsel - Existing Litigation; Name
of cases: Housing and Urban Development [Claim No. 178760 and
177448].
Following the Closed Session, the Special Joint Meeting was
reconvened and Mayor /Chair Johnson announced that the
Council /Commission gave direction to Legal Counsel.
Adjournment
There being no further business, Mayor /Chair Johnson adjourned the
Special Meeting at 7:25 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Special Joint Meeting
Alameda City Council and
Housing Authority Board of Commissioners
March 1, 2005
UNAPPROVED MINUTES
MINUTES OF THE REGULAR CITY COUNCIL MEETING
TUESDAY- -MARCH 1, 2005- -7:30 P.M.
Mayor Johnson convened the meeting at 8:08 p.m.
ROLL CALL - Present: Councilmembers Daysog, deHaan, Gilmore,
Matarrese and Mayor Johnson - 5.
Absent: None.
AGENDA CHANGES
(05- ) Mayor Johnson announced that the Resolution Approving
Parcel Map 8574 [paragraph no. 05- ] would be addressed at a
later date.
PROCLAMATIONS, SPECIAL ORDERS OF THE DAY AND ANNOUNCEMENTS
None.
CONSENT CALENDAR
Councilmember Matarrese moved approval of the Consent Calendar,
excluding the Resolution Approving Parcel Map 8674 [paragraph no.
05- ]
Councilmember deHaan seconded the motion, which carried by
unanimous voice vote - 5.
[Items so enacted or adopted are indicated by an asterisk preceding
the paragraph number.]
( *05- ) Minutes of the Special Joint City Council, Community
Improvement Commission (CIC) and Alameda Reuse and Redevelopment
Authority Meeting held on February 1, 2005; and the Special Joint
City Council and CIC Meeting, the Special City Council Meeting and
the Regular City Council Meeting held on February 15, 2005.
Approved.
( *05- ) Ratified bills in the amount of $2,312,454.99.
( *05- ) Recommendation to accept the Quarterly Sales Tax Report
for the third calendar quarter of 2004. Accepted.
( *05-
Regular Meeting
Alameda City Council
March 1, 2005
Recommendation to authorize the Mayor, City Manager
1
and /or designee to send letters opposing the proposed elimination
of the Community Development Block Grant Program and related
federal programs in the Administration's 2006 budget. Accepted.
(05- ) Adoption of Resolution Approving Parcel Map No. 8574 for
a Sixteen Lot Subdivision at Harbor Bay Business Park. Not heard.
REGULAR AGENDA ITEMS
(05- ) Resolution No. 13820, "Commending Recreation and Park
Director Suzanne Ota for Her Contributions to the City of Alameda."
Adopted.
Councilmember Daysog moved adoption of the Resolution.
Vice Mayor Gilmore seconded the motion, which carried by unanimous
voice vote - 5.
Mayor Johnson read the Resolution and presented it to Suzanne Ota;
stated that Ms. Ota has done an outstanding job.
The Interim City Manager presented Ms. Ota with flowers.
Vice Mayor Gilmore stated that she started her service to the City
working with the Recreation and Park Department; she always
appreciated Ms. Ota's enthusiasm, energy and "can do" spirit.
Councilmember Daysog stated that Ms. Ota brings so much joy to so
many parts of the community.
Councilmember Matarrese stated that the City will miss Ms. Ota; as
a citizen as well as a Councilmember, he appreciates the great job
that Ms. Ota has done.
Councilmember deHaan stated that Ms. Ota should feel very
comfortable in her accomplishments.
(05- ) Public Hearing to consider rezoning ZA 05- 0001 /R 05 -0001
Zoning Text Amendment /Reclassification to add a Theater Overlay
District and rezoning certain properties to include the Theater
Overlay District; and
(05- A) Introduction of Ordinance Amending the Alameda Municipal
Code by Amending Section 30 -2 (Definitions); Amending Subsection
30 -3.2 (Combining Districts); Adding a New Subsection 30 -4.22 (T-
Theater Combining District); and Repealing Subsection 30- 6.23(2)(b)
of Chapter XXX (Development Regulations) and Reclassifying and
Regular Meeting
Alameda City Council
March 1, 2005
2
Rezoning Certain Properties Within the City of Alameda to Include
the Theater Combining District. Continued to March 15, 2005.
(05- ) Establishment of a Task Force that will propose strategies
to prevent future mass evictions from rental housing complexes in
the City of Alameda.
The Interim City Manager outlined the suggested structure and
mission of the Task Force; stated the Task Force would meet on a
regular basis and report back to the Council within 90 days.
Carol Martino, Alameda, stated that she would like to serve on the
Task Force.
Steven Edrington, Rental Housing Association, stated that the
matter should not overly politicized to ensure progress is made and
there is a balanced committee.
Kathy Lautz, Apartment Owners Association, volunteered to serve on
the Task Force.
Lorraine Lilley, Harbor Island Tenants Association, stated that new
laws are necessary to protect tenants; suggested that the committee
have two Harbor Island Tenant Association representatives and two
at -large tenants.
Councilmember deHaan inquired how the nominations would be made.
Mayor Johnson responded that she would like to receive input from
Council; that Council should submit names for potential Task Force
members.
Councilmember Daysog stated there should be a specific period of
time for application submittals.
Mayor Johnson inquired whether the Task Force would be an informal
committee, to which the Assistant City Attorney responded in the
affirmative.
(05- ) Ordinance NO. 2936, "Amending the Alameda Municipal Code
to Increase the Composition of the Golf Commission from Five to
Seven Members by Amending Subsections 2 -9.1 (Commission Created;
Composition), 2 -9.2 (Membership; Appointment; Removal) and 2 -9.3
(Voting) of Section 2 -9 (City Golf Commission)." Finally passed.
Councilmember deHaan moved final passage of the ordinance.
Regular Meeting
Alameda City Council
March 1, 2005
3
Councilmember Matarrese seconded the motion, which carried by
unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON- AGENDA
(05- ) Martin White stated that the Development Services
Department provided moderate income housing for the Bayport
housing development at 110% of the median income but cut off at 80%
of the median income; redevelopment law does not allow for cut
offs; stated he met with the Director of Development Services about
the matter.
Mayor Johnson requested staff to provide Council with a report on
the matter.
Councilmember Daysog stated that moderate income, by definition, is
80% to 110% of median.
(05- ) Hallemariam Alema, Alameda, stated that he won the lottery
for moderate income housing in the Bayport housing development; he
has an income of $64,000 and has been disqualified.
Mr. Alema's wife stated that the Development Services Director is
unable to provide reasons for the disqualification.
Councilmember Matarrese stated that the couple won the lottery; the
range for moderate income is 110 %; $64,000 is below the range and
is the reason for disqualification.
COUNCIL COMMUNICATIONS
(05- ) Selection of Councilmember and alternate to serve as the
League of California Cities East Bay Division representative.
Mayor Johnson stated that Councilmember Daysog has volunteered to
serve as the City's representative and Vice Mayor Gilmore has
volunteered to serve as the alternate.
Councilmember Matarrese moved that Councilmember Daysog serve as
the City's representative for the League of California Cities East
Bay Division and that Vice Mayor Gilmore serve as the alternate.
Mayor Johnson seconded the motion, which carried by unanimous voice
vote - 5.
Councilmember Daysog stated that the East Bay Division meeting he
attended two weeks ago was very nice.
Regular Meeting
Alameda City Council
March 1, 2005
4
(05- ) Councilmember Matarrese stated that he looks forward to
providing Council with a report on the AC Transit Council Liaison
Committee Meeting held last Thursday.
(05- ) Mayor Johnson inquired whether Councilmember deHaan
wanted the matter of increasing the number of members on the
Recreation and Parks Commission brought back to Council.
Councilmember deHaan responded that the Commission could address
the matter.
(05- ) Councilmember deHaan stated that he is pleased that trash
containers are being changed at bus stops and throughout the
business districts; inquired what was the reason for the change and
who provides the maintenance; that he is concerned that the
surfaces could be graffitied.
The Interim City Manager responded that the containers are being
maintained by City staff.
Councilmember deHaan inquired whether maintenance is part of the
garbage contract, to which the Interim City Manager responded the
garbage contractor empties the containers.
(05- ) Mayor Johnson requested that the theatre design
guidelines and schedule update be brought back to Council at the
next City Council Meeting.
ADJOURNMENT
There being no further business, Mayor Johnson adjourned the
meeting at 8:47 p.m.
Respectfully submitted,
Lara Weisiger
City Clerk
The agenda for this meeting was posted in accordance with the Brown
Act.
Regular Meeting
Alameda City Council
March 1, 2005
5
March 10, 2005
Honorable Mayor and Councilmembers:
This is to certify that the claims listed on the check register and shown below have been
approved by the proper officials and, in my opinion, represent fair and just charges against the
City in accordance with their respective amounts as indicated thereon.
Check Numbers Amount
133802 - 134286
EFT 103
EFT 104
EFT 105
EFT 106
EFT 107
EFT 108
EFT 109
EFT 110
EFT 111
EFT 112
E13247 - E13358
Void Checks:
132590
132832
133651
GRAND TOTAL
.Respectfully submitted,
Pamela J. Sibley
Council Warrants 03/15/05
2,634,296.74
665,283.75
16,660.00
318,881.24
764, 799.98
45, 796.68
1,000, 754.52
256,117.57
40,000.00
40,000.00
811,120.19
68,190.38
(1,750.00)
(26.60)
(9.52)
6,660,114.93
BILLS #4 -B
03/15/05
City of Alameda
Date:
Memorandum
March 2, 2005
To: Honorable Mayor and
Councilmembers
From: William C. Norton,
Interim City Manager
Re: Recommendation to consider the Planning Board of the City of Alameda's
recommendation to adopt ZA03 -0003 — Residential Guide to Design/City -wide
BACKGROUND
In 1974, the City adopted a Design Review Manual to assist the Design Review Board. After the
dissolution of the Design Review Board the Design Review function became the responsibility of
Planning Staff who continued to use the Manual. In 1991, the City contracted with Jacobsen and
Wack to develop a new Development Code which included both residential and commercial draft
Design Guidelines. This Development Code was not adopted. However, Staff believed that the draft
Design Guidelines could be used and expanded into a new Design Review Manual. The City
Council budgeted additional funds toward that end in the late 1990's.
Staff began meeting with the Alameda Architectural Preservation Society (AAPS) to expand the
draft Guidelines. In Summer and Fall of 2002, Staff conducted a series of three Design Workshops
to solicit public input. Notices were sent to local architects, contractors, engineers, realtors and
others who had indicated an interest. Announcements were also placed in the marquee at City Hall
and provided to every real estate office registered in the City Finance Department.
Based on the comments received, Staff and a consultant completed the draft guidelines. This draft
was presented to the Planning Board in February 2004. The Board held two additional hearings in
2004 and the draft guidelines were further refined. A final draft was presented to the Planning Board
in November 2004. At that time the Board recommended that graphics be prepared and the
documents be forwarded to the City Council. Alameda Architectural Preservation Society members
Dick Rutter, Scott Brady and Chris Buckley volunteered time and talent in preparation of the
graphics which have been integrated into the final draft.
The Planning Board recommends that the Council direct Staff to use the Guide to Residential Design
for a one year trial period. During that time the Guide would be used on actual projects which allow
for further revisions or refinement. After the trial period, Staff would report back to both the
Planning Board and the City Council and recommend any necessary changes.
Dedicated to Excellence, Committed to Service
Report #4 -C CC
3 -15 -05
Honorable Mayor and
Councilmembers
DISCUSSION /ANALYSIS
Page 2
March 2, 2005
The draft Guide To Residential Design contains a Statement of Values, Guiding Parameters, an
Index, the Guidelines, and Appendices. The Guidelines are in a question and answer format based
on frequently asked questions by property owners. It will be possible to easily insert additional
Guidelines and graphics as needed. The Guide includes a wide range of sections including common
development proposals including addition of second stories, replacement of existing windows and
siding, as well as appropriate placement and design of garages and construction on new dwellings.
The format allows either the entire document or a pertinent section to be provided to a designer or
homeowner. Staff would be able to approve projects which meet the guidelines; projects which do
not would be reviewed by the Planning Board. This is consistent with current practice. However,
the Guide contains more detailed design solutions and would clarify what the community standard is.
The Planning Board recommended trial period will allow the community to use the Guide,
recommend any changes, clarifications or additions.
BUDGET CONSIDERATION/FINANCIAL IMPACT
None.
RECOMMENDATION
The City Manager recommends that the City Council accept the draft Guide to Residential Design
and to direct Staff to use the Guide for a one year trial period after which Staff will report back to
both the Planning Board and the City Council.
By:
Respectfully sub 'tted,
Jetry ormack
Interim Planning Director
Judith Altschuler
Supervising Planner
Attachment:
(Please note: attachment on file in the City Clerk's office)
1. Guide to Residential Design
G: \PLANNING \CC \REPORTS \2005\f -Mar 15 \guidemdesign.doc
Dedicated to Excellence, Committed to Service
CITY OF ALAMEDA
MEMORANDUM
Date: March 4, 2005
To: Honorable Mayor and
Councilmembers
From: William C. Norton
Acting City Manager
Re: Authorization for the Mayor, City Manager and /or Designee to Send Letters
Opposing the Proposed Suspension of Mandated Costs Reimbursements
BACKGROUND
In the 1980's, legislation was enacted to provide funding for work delegated by the State
to local agencies. The actual bill was SB 90, hence the title of SB 90 Mandates. Over
the years, the State has continued to delegate programs and projects but has, for many
years, failed to provide funding for the reimbursement to local agencies for their work in
meeting the programs and projects.
In November 2004, with the passage of Proposition 1A, the State Constitution was
amended to preclude the non - payment of mandates (the legislature must either
eliminate the mandate or fund it) and to require the repayment of prior year mandates in
FY 2006 and FY2007.
DISCUSSION /ANALYSIS
The City of Alameda has filed claims for reimbursement prior to FY2005 totaling
$1,099,882 and received $243,034 against those claims. Of the $856,848
unreimbursed balance, approximately $727,208 is for programs for which mandate
reimbursement has not yet been suspended. Claims for FY2005 have been filed
totaling $204,310. Historically, only 80% of claims amounts have been funded. This
would mean a total of $745,214 for the City of Alameda. Proposition 1A requires
repayment over the next five fiscal years beginning in October 2006 of these pending
claims. This could result in approximately $150,000 per year added to Alameda's
revenues.
The Governor is proposing to suspend mandates in the FY2006 State Budget. A
mandate suspension means that the state is making the performance of certain state
mandates optional for at least the time the state budget is in effect. During a
suspension, the state does not have to provide reimbursement for any cost incurred by
the local agency for performing the mandated activity. The State Mandate
Reimbursement process is still alive, however, the state is slowly suspending key
programs leaving local agencies with the financial burden of mandates that have
Dedicated to Excellence, Committed to Service
Re: Report #4 -D CC
3 -15 -05
Honorable Mayor and
Councilmembers
March 4, 2005
Page 2 of 4
become close to impossible to discontinue. For example, Alameda is required to abide
by the Open Meetings Act/Brown Act Reform requirements. In FY 2004, the cost to
implement these statutory requirements was $62,330.
The State Legislature, via enactment of the State budget, is the body that can legally
suspend these mandates. As part of his proposed budget the Governor is
recommending suspension of the Mandate Reimbursement process and Regional
Housing Needs. These two programs represent $62,785 in costs for the City. The
Domestic Violence Information reporting program was suspended in prior years and is
also included in the list of programs proposed for suspension in FY 2006. Alameda's
costs in FY 2005 are estimated to be $7,945. Unreimbursed costs for prior years total
$19,720.
FINANCIAL IMPACT
The net cost to the City of Alameda for suspension of reimbursement of mandated costs
is approximately $931,518. At the usual reimbursement rate of 80 %, this represents
$745,214 of revenues at the rate of approximately $150,000 in each of the next five
fiscal years.
Though the State may suspend the mandates, there are several that will simply
continue because the community has come to expect them. The costs will continue but
will not be considered for reimbursement by the state.
RECOMMENDATION
The Acting City Manager recommends that the Mayor, City Manager and /or Designee
be authorized to send letters opposing the proposed suspension of Mandated Costs
Reimbursements to the Assembly Speaker, Minority Floor Leader, and Budget
Committee Chair as well as the Senate President Pro Tempore, the Minority Leader and
the Budget Committee Chair.
JAB /di
Respectfully submitted,
William C. Norton
Acting City Manager
Byerelle -Ann yer
hief Financial Officer
Dedicated to Excellence, Committed to Service
City of Alameda
Memorandum
Date:
To:
March 3, 2005
Honorable Mayor and
Councilmembers
From: William C. Norton,
Interim City Manager
Re:
Recommendation to consider the Planning Board' s recommendation to adopt ZA04-
0002 — amending the Webster Street Design Guidelines to be known henceforth as
the Webster Street Design Manual.
BACKGROUND/ DISCUSSION
In 2001, a group of volunteers working under the direction of the West Alameda Business
Association (WABA) Design Committee formulated the first "Webster Street Design Guidelines."
The Guidelines were adopted by the Planning Board September 24 2001 and have been in use since.
They were crafted in concert with a series of public workshops with Webster Street business and
property owners to elicit feedback. This initial effort was characterized as a "grass roots" effort, a
bridge to a final document.
In 2002, a landscape architect Michael Smiley was asked to review the Guidelines. Mr. Smiley is
chief landscape architect on both the Webster Street Renaissance Project and the Park Street
Streetscape and the Town Center Project. As a result, he has a high degree of familiarity with
Alameda downtown business districts. His assessment found the Guidelines basically complete,
however, he recommended further refinements to provide clarity and improved implementation. His
recommendations, as carried out in the updated Manual, include the following:
• Articulate a design vision up front — accomplished through the "Objectives" section, page 6
• Begin each section with a statement of intent
• Explain design preferences through the use of "encouraged" and "discouraged" examples
• Use more and higher - quality pictures to illustrate design principles
In addition, the Manual reiterates its relationship to the City's General Plan, specifically section 3.3.e
of the Plan which recommends the development of detailed Design Guidelines for Alameda
neighborhoods and business districts. The updated Manual also includes a list of Webster Street
Buildings on Alameda's Historical Building Study List, not included in the previous Design
Guidelines.
Garavaglia Architecture (GA) assisted in the process of updating the Webster Street Design
Guidelines. Prior to beginning the project, GA staff performed the "windshield" survey of the
Dedicated to Excellence, Committed to Service
Re: Resolution #4 -E CC
3 -15 -05
Honorable Mayor and
Councilmembers
Page 2
March 3, 2005
District recommended by landscape architect Michael Smiley. Additionally, GA staff met with both
City staff, including Development Services and Planning, and West Alameda Business Association
staff and volunteers several times to discuss the first Design Guidelines and elicit further input for its
updating.
The WABA Board reviewed and endorsed the updated Webster Street Design Manual on November
17, 2004. The Economic Development Commission (EDC) declined a second review. The EDC had
originally reviewed and endorsed the concept in 2001 but indicated the current updating did not
warrant another review.
BUDGET CONSIDERATION/FINANCIAL IMPACT
None.
RECOMMENDATION
The City Manager recommends that the City Council hold a public hearing, consider all pertinent
testimony and information, then act to readopt the Webster Street Design Guidelines to be henceforth
known as the Webster Street Design Manual.
Attachments
1. Webster Street Design Manual
Respectfully submitted,
erry Cormack
Interim Planning Director
Judith Altschuler
Supervising Planner
Cc Sherry Stieg, Executive Director, West Alameda Business Association
Sue Russell, Development Services Department
G: \PLANNING \CC\REPORTS\2005\f -Mar 15 \websterstreetdrmanual.doc
Dedicated to Excellence, Committed to Service
Webster Street Design Manuat
Adopted by Planning Board Resolution PB -01 -58 on September 24, 2001
Updated by the Planning Board January 10, 2005
Introduction
Acknowledgements 3
Introduction 4
Applicability 5
Objectives 6
Definitions 8
Design Guidelines
1.0 Building Massing, Proportions and Composition 9
2.0 Roof and Cornice Lines 11
3.0 Surface Materials 12
4.0 Integrating New Buildings with Neighboring Buildings 14
5.0 Additions and Alterations 16
6.0 Storefronts 21
7.0 Signage 26
8.0 Awnings and Canopies 28
9.0 Colors 30
Appendices
A Map of Webster Street
B Secretary of the Interior's Standards for Rehabilitation
C Webster Street Buildings that are City of Alameda Historical
Monuments or on the Historical Building Study List
Webster Street Design Manual
Page 2
ck nowledgments
This report was initially produced by the Design Committee of the West Alameda Business
Association. This revised document would not have been possible without the help of the
following people, who envisioned the concept of design guidelines, prepared presentations on
downtown design, attended workshops, and commented on draft versions of the Guidelines.
• City of Alameda
• West Alameda Business Association
• Property Owners
• Business Owners
• Residents
• Garavaglia Architecture
Webster Street Design Manual
Page 3
Historical background
Webster Street has a very colorful history. Originally, West Alameda was home to Neptune
Beach, dubbed the "Coney Island of the West." Neptune Beach was host to the largest roller
coaster in the west, beachside picnic areas, beer gardens, dance halls, theatres, and was home
of the Popsicle; these .features created a peaceful, resort -like nature for the area. This era has
been chosen as a reference for future improvements to Webster Street due to its positive
image of family- oriented recreation and services. A snapshot of the Neptune Beach heyday
would include 1920s swimmers, a "Coney Island festival" atmosphere, including striped
awnings, recreational activities, banners and flags. While it is not our intent to recreate this
era, the friendliness of the people, the historic characteristics and intimacy of the shops and
mixed uses have been important aspects of West Alameda's allure.
Webster Street Architecture
Many fine buildings were built along Webster Street during this period, and many remain today.
The buildings on Webster Street have varied stylistic appearances, but they are generally one and
two story commercial structures that face directly onto the sidewalk. The earliest buildings date
to the latter part of the 19th Century. Architectural periods and styles represented on Webster
Street include:
Victorian Period
Italianate
Second Empire
Queen Anne / Eastlake
Turn of the Century
Beaux Arts
Art Deco / Moderne
Classical Revival
Modern
Generic storefront commercial
"Strip" and "Fast Food" buildings
Although some styles of architecture are more prevalent than others, a strong representation is
made by single story commercial buildings. Corner buildings tend to be
two stories in height, sometimes with tower or towerlike elements.
Webster Street Design Manual
Page 4
Applicability
The Webster Street Design Manual applies to all projects requiring Design Review approval
under Section 30 -37 (Design Review Regulations) of the Alameda Municipal Code, and which
are located in Commercial (C -C) or Manufacturing zoning districts surrounding Webster Street
as shown in Appendix A.
To be approved under Design Review, a project must meet the following requirements in
Subsection 30 -37.5 of the Code:
30 -37.5 Requirements.
a. Projects must be compatible with their site, any adjacent or neighboring - buildings or
surroundings and promote harmonious transitions in scale and character in areas between
different designated land uses.
b. Projects which do not meet the requirements of paragraph (a) shall be presumed detrimental
to either existing property values or the growth of property values in the vicinity of the
projects.
c. The Design Review Staff may determine compliance with paragraph (a) by determining the
consistency of the project with the principles and standards of the design review manual.
This Design Manual will be used as the design review manual referred to in Requirement (c).
Webster Street Design Manual
Page 5
The Webster Street Design Manual is intended to achieve the following objectives:
Primary Objective:
Preserve and enhance Webster Street's historically and architecturally significant buildings and
promote new development that relates well to these buildings.
Related Objectives:
• Promote high quality design;
• Protect and enhance historical and other attractive architectural characteristics of
Webster Street;
• Use design treatments and solutions that promote pedestrian interest and create a sense
of liveliness, activity, and variety that serve as a suitable environment for shopping,
meeting, and recreation;
• Ensure that infill projects relate well to neighboring structures;
• Protect existing building stock from insensitive alterations;
• Encourage high quality and easily maintained materials;
• Promote high quality signage that is well integrated into each building's architecture
and which minimizes quantity and redundancy of signage;
• Attract new investment and protect the value of existing investments;
• Promote certainty in the development process by clearly communicating the City's
design expectations;.
• Create a sense of compatibility with existing buildings by requiring that new work
enhance existing buildings or relate to the styles of Webster Street's "Thematic Build-
ings."
„
In addition, the Design Manual helps to implement the following Alameda General Plan policies:
• 3.3.d New construction, redevelopment and alterations should be compatible with
historic resources in the immediate area.
Webster Street Design Manual
Page 6
• 3.3.e Develop detailed design guidelines to ensure protection of Alamedas historic,
neighborhood, and small -town character. Encourage preservation of all buildings,
structures, areas and other physical environmental elements having architectural,
historic or aesthetic merit, including restoration of such elements where they have been
insensitively altered. Include special guidelines for older buildings of existing or
potential architectural, historical or aesthetic merit which encourage retention of
original architectural elements and restoration of any missing elements. The design
guidelines to include detailed design standards for commercial districts.
• 3.3.f Regulate development in neighborhood business districts to maintain a streetwall,
with most structures built to the property lines, entrances directly facing the sidewalk,
and parking at the rear.
• 3.3.g Encourage off -site and multi -level parking in the Park Street and Webster Street
business districts as essential to Main Street character. To maintain pedestrian character
and visual interest, avoid locating parking structures at street level on corners and along
retail streets.
These areas should be occupied by retail activities and public uses.
• 3.3.h Regulate development in the Park Street and Webster Street business districts to
encourage two -and three -story buildings extending to the front and side property lines,
with entrances directly facing the sidewalk, and parking at the rear.
• 3.3.j Encourage owners of poorly remodeled but potentially attractive older buildings
to restore the exterior of these buildings to their original appearance. Provide lists of
altered buildings which present special design opportunities and make the lists widely
available. Develop financial and design assistance programs to promote such
restoration.
• 3.3.k Require that any exterior changes to existing buildings receiving City
rehabilitation assistance or related to Use Permits, Variances or Design Review, or other
discretionary City approvals be consistent with the building's existing or original
architectural design unless the City determines either (a) that the building has
insufficient existing or original design merit of historical interest to justify application
of this policy or (b) that application of this policy would cause undue economic or
operational hardship to the applicant, owner or tenant.
Webster Street Design Manual
Page 7
Bulkhead
Column
Cornice
A low wall beneath a storefront window.
A freestanding vertical element, often structural.
A decorative projection running horizontally at the top of an exterior
wall.
Filigree An intricate, delicate, or fanciful ornamentation.
Gable A triangular upper portion of a wall, at the end of a pitched roof.
Historic Context An organizing strucure that groups properties that share a common
theme, geographical area, and time period. A historic context should
frame decisions about the identification, evaluation, registration, and
treatment of historic properties.
Lintel The horizontal structural member above a door or window that
supports the wall above the opening.
Mansard A steeply sloped roof that encloses the upper storey of a building.
Parapet A wall along the edge of a roof that extends above the level of the
roof, usually an extension of the exterior wall below.
Pediment A low pitched gable element above a portico or entrance.
Pilaster A projecting vertical element similar to a column but firmly attached
to the face of a wall.
Rehabilitation The act or process of returning a property to a state of utility,
through repair or alteration, which makes possible an efficient
contemporary use while preserving those portions or features of the
property that are significant to its historical, architectural, and
cultural values.
Storefront An assembly of large windows and /or doors along the street front of
the ground floor of a building intended to display goods or services
or adjacent room within the building.
Streetwall The vertical linear plane created by the facades of buildings within a
city block or adjacent city blocks.
Thematic A building that is a City of Alameda Historical Monument or on the
Building City's Historical Building Study List. These buildings typically
feature late 19th and early 20th Century architectural styles. The
Historical Building Study List is developed and maintained by the
Historical Advisory Board.
Transom Window A small window or group of small windows over a large window or
door, historically used for ventilation.
Wainscot Decorative paneling usually applied to the lower 2 to 4 feet of a wall.
Webster Street Design Manual
Page 8
Traditional downtown streetscapes are characterized by a continuous street wall that
creates a sense of enclosure and consistency in the scale and proportion of the individual
building facades resulting in a sense of unity.
Streetwall
(See Alameda General Plan policy 3.3.f)
1.1 Maintain continuous streetwall - avoid
separations between structures.
1.2 Do not setback unless for important street -
oriented activities such as,
• Areas of intense outdoor activity (e.g. sidewalk
cafes)
• Entrances to alley ways, pedestrian
thoroughfares, and important pedestrian
entrances to buildings.
Building Width
1.3 Building widths shall reflect traditional lot sizes.
Emphasize narrower, individual lot widths on
facades if the building is located on assembled lots
1.4 Break up facades into smaller sections by design
elements to mitigate the impact of a wide buildings.
Use vertical articulation of architectural elements to
reference narrow adjacent building widths.
Building Height
Guideline 1.2: Encouraged - Streetwall can be set
back for important street oriented activities such as
sidewalk cafes.
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Guideline 1.4: Encouraged - Newer building is
divided into multiple "bays" to relate to neighboring
buildings.
1.5 Limit building height to two or three stories. (40 foot maximum per City of Alameda Zoning
Ordinance). Use taller (two and three story) buildings to anchor corners and lower (one and two
story) buildings mid - block.
Webster Street Design Manual
Page 9
Building Massing and Proportions
Facade Composition
1.6 For multi -story buildings, differentiate the ground
floor architecturally from the upper floors to create
a visual base for the building.
1.7 Distinguish ground floors from upper floors by
using such architectural elements as:
• Belt cornice or entablature.
• Large storefront display windows on ground
floors; smaller "punch -out" windows on upper
floors.
• Change in materials.
1.8 Emphasize verticality by using vertical windows on
upper stories.
Guidelines 1.7 and 1.8: Encouraged - "Punch -out" vertical
windows on upper floors.
Articulate Corner Locations
Guidelines 1.6 and 1.7: Encouraged - Belt cornices,
large ground floor windows vs. smaller upper floor
windows, and changes in materials differentiate
ground floors from upper floors.
Guideline 1.9: Encouraged - At street corners,
provide upper floor wrap- around windows, turrets and
corner entries.
1.9 On corner sites, provide prominant corner entrances, wrap- around windows, turrets, and other
distinctive elements to emphasize the location and provide visual interest.
Webster Street Design Manual
Page 10
Roof edges are key components of the building facade. Richly detailed
cornices typically embellish roof edges on older, historic buildings.
2.1 Where roofs are visible from the street, use
traditional roofing materials such as shingles,
tiles, slate, or standing -seam metal. Select
materials consistent with the building's
architectural style, such as tile roofing on
Mediterranean style buildings.
2.2 Place a parapet in front of flat roofs.
Guideline 2.1: Tile roof on
a Mediterranean building
Guideline 2.2: Encouraged -
Use parapets to conceal flat
roofs.
2.3 Use sloped roofs only where appropriate, such as a pent (shed)
roof above a cornice, or on towers, turrets, and other free-
standing elements.
2.4 Use cornices or similar moldings at the tops of building facades
to clearly articulate the top of the building.
2.5 Minimize the visibility of rooftop equipment by grouping all
plumbing vents, ducts and rooftop mechanical equipment away
from the public view.
Guidelines 2.3 and 2.4: Pent roof above cornice.
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A variety of building materials is essential to the diversity of the individual
buildings which make up the street facade. Recognizing the materials used in
the historical development of Webster Street is also:, integral in defining the
character of the area. The materials employed, the quality of the finish
material, their application, as well as the quantity, all determine the material's
compatibility.
3.1 a. Use high- quality, durable materials that are
easily maintained. Use traditional facade
materials like smooth stucco, pressed brick,
glazed tile, wood, terra cotta, and stone to
provide a sense of continuity with the rest
of Webster Street.
b. Avoid synthetic- looking materials such as
vinyl (plastic) or textured hardboard siding,
or overly rustic materials such as rough
sawn wood and rough stone.
c. Also avoid aluminum and other metals.
These materials seldom blend with
traditional architecture and frequently are
found in corroded condition on older
buildings.
3.2 Limit surface materials, textures, and colors to
a selection of 2 -3 (excluding windows,
awning, and canopies.) Select surface
materials, textures, etc., that are compatible
with each other and with the building overall.
Guideline 3.1a: Encouraged - Use high quality
materials like architectural terra cotta (above) or
pressed brick.
Guideline 3.1b: Discouraged - Avoid overly rustic
materials like veneer rough stone (at left).
Webster Street Design Manual
Page 12
3.3 Clean and properly tuck -point brick walls. Clean masonry structures with nondestructive
methods to maintain the integrity of the brick or stone surface. Do not sandblast masonry or other
materials. Refer to National Parks Service website at www2.cr.nps.gov /tps /tax /rhb /stand.htm. for
further discussion regarding non - destructive cleaning methods.
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Guideline 3.4: Encouraged - Typical dimensions for wood window on upper floors.
3.4 On upper floors, either use recessed wood windows or recessed metal or vinyl windows (or other
window materials) with a wood -like quality with substantial looking smooth surfaced (not molded)
stiles and rails and glazing recessed at least 3/8 inches. Muntins or grids, if used, should project at
least 3/8 inches from the glazing surface. Do not use horizontal sliders.
Webster Street Design Manual
Page 13
Webster Street still retains many of its distinctive late nineteenth and early twentieth
century buildings. These "thematic buildings" give much of Webster Street, especially
the section south of Lincoln Avenue, the image of a traditional business district with a
strong sense of time and place. The architectural styles of these buildings include:
Victorian, Beaux Arts Classicism, Mediterranean, and Early 20th Century
Commercial.
The Webster Street Design Manual seeks to enhance this traditional image. New
buildings and major remodelings of existing buildings must be compatible with
Webster Street's thematic buildings and incorporate their major design characteristics.
4.1 a. In order to best fit in with the character of the
Webster Street District, look to the proportions,
massing, rhythm and materials of the District's
thematic buildings, while not necessarily
mimicking historical architecture.
b. Also incorporate important compositional
elements, such as cornices, belt courses and /or
changes in materials, found on these thematic
buildings which help give focus to the design.
These elements can be treated in simplified form
without the level of detail often found on the
originals.
c. Note: Attempts to imitate historic buildings in a
literalistic manner are often unsatisfactory. To be
successful, the designer must have a thorough
knowlege and understanding of these buildings'
architectural vocabulary.
Guideline 4.1 a: Discouraged - Avoid infill
buildings that do not maintain the proportions,
composition, rhythm and materials of the existing
thematic buildings.
Guideline 4.1a: Encouraged - For new buildings,
maintain the proportions, overall facade
composition, rhythm and materials of the district's
existing thematic building.
Guideline 4.1c: Discouraged - Attempts to imitate
historic buildings are often overly elaborate, ignore
important proportions or compositional features, or
are otherwise unsuccessful.
Webster Street Design Manual
Page 14
Integrating New Buildings
with Neighboring Buildings
4.2 Carry through the horizontal lines from neighboring buildings in cornices, tops and bottoms of
windows, storefronts and other horizontal elements. Also maintain the rhythm established by vertical
elements such as the width of storefronts and the width and placement of upper floor windows.
4.3 Do not mix architectural styles on the same building.
4.4 Do not design buildings or storefronts in "corporate"
or "franchise" styles, where chain store business uses a
particular building type, style or combination of
architectural elements that is intended to be
synonomous with that business.
These businesses must adapt their building designs to
the traditional character of Webster Street.
Guideline 4.2: Encouraged - Continue the
horizontal lines and vertical rhythm of existing
neighboring buildings.
Guideline 4.4: Discouraged - Do not design buildings or storefronts in
"corporate" or "franchise" styles.
Webster Street Design Manual
Page 15
5.0 Additions and Alterations
The following guidelines are based on City of Alameda General Plan
Policy 3.3.K
5.1 Preserve Distinctive Architectural Characteristics
a. Preserve distinctive architectural features, finishes, construction techniques or examples
of craftsmanship.
b. Repair rather than replace these elements whenever possible. -
c. If severity of deterioration requires replacement of distinctive features, match the new
feature with the old in design, color, texture and other visual qualities and, where
possible, materials.
d. Do not cover or remove architecturally significant materials or detailing.
This guideline is derived from the Secretary of the Interior's Standards for Rehabilitation.
(See Appendix B.)
Note that the State Historical Building Code may allow for the preservation of distinctive
features that may otherwise require removal to meet current building code requirements.
Buildings must be qualifying buildings as defined by the State Historical Building Code. In
Alameda, these are City of Alameda Historical Monuments and buildings on the Historical
Building Study List.
Webster Street Design Manual
Page 16
Additions and Alterations
5.2 Changes not Involving Distinctive Architectural Features: Consistent with the Building's
Architecture and at Least Equal in Quality to the Features Being Changed.
Ensure that changes not involving distinctive architectural features (and therefore not subject to
Guideline 5.1 above) are at least equal in quality to any features being replaced and consistent with
the building's architecture.
a. "Equal in Quality" applies to all elements of the building's existing design, including:
composition, configuration, proportions, pattern of window and door openings, materials,
detailing and craftsmanship. Changes to any of these design elements should at least equal the
quality of the existing elements.
For example, materials can be ranked in order of quality in terms of durability, craftsmanship,
cost and aesthetics (highest to lowest):
• polished stone slabs (marble, granite, etc.)
• architectural terra cotta,
• stone or ceramic tile,
• pressed brick or face brick,
• surfaced or finished (including molded) wood
• stucco,
• unsurfaced (rough) wood
Replacing architectural terra cotta with stucco would therefore not be equal in quality.
Other changes that would normally not be considered equal in quality include reducing the
proportion of glazing to solid wall surfaces or reducing or eliminating entry vestibules.
b. "Consistent with the Building's Architecture ". means a design approach that is typical of the
building's type, style or period either as used on the building itself or on another building of the
same type, style or period. The consistency guideline applies to the same design elements listed
above for "equal in quality".
Exception: The consistency guideline does not apply to:
(i) buildings with insufficient design merit of historical interest to justify application of this
guideline; such buildings may be totally remodeled as long as the remodeling conforms with
this Design Manual: however the guideline does apply to all buidings which are City of
Alameda Historical Monuments or on the City's Historical Building Study List or are eligible
for the California Register of Historical Resources;
or
(ii) restoration of previously altered buildings (see Guideline 5.3 below) where the alterations
have insufficient design merit to justify application of this guideline.
Webster Street Design Manual
Page 17
itions and Alterations
5.3 Previously Altered Buildings
If a building has previously been covered with substitute siding, had its windows replaced, had
ornamentation removed, or experienced other adverse alterations, the building's appearance can
often be improved, sometimes with relatively little effort.
Webster Street has many buildings and storefronts that have been insensitively altered over the
years. Many of these altered buildings were once very attractive. In some cases, reversing the
alterations can be relatively simple, such as in the case of the turreted two storey Victorian
building at the southwest corner of Webster Street and Taylor Avenue which had been covered
with asbestos shingles. The shingles were removed in the late 1980s, revealing the original
redwood siding, which was then given an attractive paint scheme.
Several options are available for improving the appearance of insensitively altered buildin • s:
Option A: Restoration. Restoring an
insensitvely altered building to its original
appearance is highly encouraged. The
restoration can be based on old photographs of
the building, silhouettes or "shadows" of
removed trim pieces visible on the original
siding or design treatments found on other
buildings having the same architectural style.
An extensive collection of old photographs is
available at the Alameda Historical Museum
along with information on the architects and
designers of many older Alameda buildings.
Guideline 5.3: (at left) Probst Building
at southwest corner of Webster Street
and Taylor Avenue. Facade restored in
1989.
Guideline 5.3, option A (complete
restoration): Leiment Block, 458 -466 8"
Street in Oakland. Italianate Victorian
built 1873 -74 (top), poorly remodeled
in 1950s (middle) and accurately
restored in 1980s (bottom) based on the
top photograph and surviving
architectural fragments.
We Street Design Manual
Page 18
Additions and Alterations
Option B: Simplified Restoration. If the original design is not known or if a detailed
restoration for the original design or other "period" design consistent with the original or
historic appearance is not desired, a restoration may be limited to just a general outline of a
historically typical design.
The outline would include larger scale design elements such as form and massing,
composition, proportions, pattern and types of door and window openings and visual quality
of surface materials (without necessarily using actual historic materials) and conform with the
new construction provisions of this Design Manual. The outline restoration would not
involve smaller scale elements such as ornamentation or exact configuration of doors and
windows or detailing.
This approach is sometimes called "contemporary compatible" and is permitted in concept
under the Secretary of. the Interior's Standards for Rehabilitation.
Option C: Design Mitigations. If restoration of the building is not desired or if the original
design is not known, further alteration should at least bring the building into closer
conformity with its original or historic appearance and involve no further damage to
surviving architecturally important elements.
Exception: Alterations with Design Merit Sometimes a
building has been altered so thoroughly and competently
that the resulting design is very attractive and the
alteration itself has architectural significance. In these
cases, it is quite appropriate for any future alterations to
strive for consistency with the altered design rather than
the original design, although restoration of the original
design may also be a good option. In such a case the
Design Manual allows the choice of alterations consistent
with the altered design or restoration of the original or
historic design.
Guideline 5.3, Option B
(simplified restoration):
Modern storefront that
incorporates the essential
elements of a traditional
storefront, including large
display windows, recessed
entry and transom windows.
Webster Street Design Manual
Page 19
Additons and Alterations
5.4 Additions
Additions may either match the existing building or be differentiated from the existing
building as set forth in the Secretary of the Interior's Standards for Rehabilitation. If the
addition is differentiated, it may either resemble the existing building in outline form, (see
Guideline 5.3 Option B above,) or be designed to look like a separate building. In all cases,
the addition must conform with the new construction provisions of these guidelines.
If the existing building does not conform with the guidelines, differentiate the addition so
that the addition does conform.
Guideline 5.4: Encouraged - The building in
the left is a modern addition to the early
1900s building on the right. The new
building uses a contemporary design and is
clearly differentiated from the old building,
but maintains the old building's horizontal
alignments and facade rhythms.
Webster Street Design Manual
Page 20
A high quality, pedestrian scale and walkable area are overall objectives for the
Webster Street district. Site and building design should create inviting entrances and
display windows to establish and maintain pedestrian interest. Design new storefronts
to include traditional storefronts with bulkheads, transom windows and recessed en-
tries.
6.1 Avoid solid, blank walls and other "dead" or dull spaces at
the street level.
6.2
Orient outdoor seating and dining areas to face the
sidewalk/street.
6.3 Avoid storefronts that are inconsistent with other storefronts
in the same building.
Guideline 6.1 Discouraged - Avoid solid
blank walls at street level.
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Guideline 6.3 Discouraged , This building
features storefronts that are inconsistent within
the building.
6.3 Provide at least one clearly defined primary public entrance from Webster Street in the building
frontage.
Webster Street Design Manual
Page 21
Guideline 6.4a: Encouraged -
Recessed entry vestibule.
Guideline 6.4b: (right)
Encouraged - Special
pavement on entry vestibule
flows.
Guideline 6.5: (far right)
Encouraged - This entry door
displays a large amount of
glazing.
Windows
6.4 Provide high-interest and high- quality recessed entry vestibules. Such
recesses provide protection from the elements and reinforce
pedestrian visual interest.
(a) Recess entry doors at least 2 feet but not more than 5 feet from
the facade.
(b) Pave vestibule floors with tile, stone or similar hard surface, high
quality materials to set the area apart from the sidewalk and
provide pedestrian interest.
6.5 Use extensive glazing for main entry doors.
6.6 Provide large storefront windows on all facades facing Webster Street. Sidewalk level windows allow
visual access to interiors and encourage activity on the street.
6.7 Do not use reflective film or a coating on windows. Do not use tinted display window glass, which
impedes visual access to the building interior.
Webster Street Design Manual
Page 22
Guideline 6.8: Encouraged- Large display windows help
maintain pedestrian interest.
6.8 Use large display windows as much as
possible. Large glass areas offer merchants the
opportunity to display merchandise. Window
decoration and merchandise should be
changed often to provide an interesting and
attractive display for pedestrians.
6.9 When using openable storefront windows, select
windows which are compatible with the overall facade
and style of the building. Sliders, folding, casement,
and awning windows are acceptable openable window
types.
6.10 Retain and repair historic storefronts. Replacement
storefronts shall be similar to historic storefronts.
Older storefronts typically have slim profile storefront
window frame sections set in the face of the bulkhead.
Guideline 6.9 (top right): Encouraged - This storefront
contains sliding windows.
Guideline 6.10 (right): Slim profile window frame on older
storefront.
Webster Street Design Manual
Page 23
6.11 For tile, stone or brick bulkheads, either:
a. set the storefront windows at or near the face of the
bulkhead; or
b. incorporate the bulkhead material into the sill
detailing.
Guideline 6.12: Restored Victorian storefront
with wood bulkhead and wood sill.
Guideline 6.11 a (top left):
Encouraged - Window set at face of
bulkhead.
Guideline 6.11 b (top right):
Encouraged - Window set back and
bulkhead material used on sill.
6.12 Provide projecting wood sill detailing for wood
storefront frames, and for wood bulkheads.
6.13 Transom windows are typical features of historic
storefronts, which allow valuable daylight into
the building interior. Do not cover existing
transom windows. Restore such windows if they
have been previously covered or removed.
6.14 Do not use residential style windows (such as
those with nailing fins) as the storefront system.
It is acceptable to install mulled wood units
(where jambs are joined) to avoid short vertical
segments of wall between window. Do not use
vinyl windows on the lower
floor.
Guideline 6.14: Discouraged
- Residential style windows are
not appropriate windows for
storefront systems.
Webster Street Design Manual
Page 24
Bulkheads
Guideline 6.15: Allowed - This storefront does
not have a bulkhead; the window terminates at
the sidewalk grade.
6.15 Maintain the height of any existing bulkheads below the storefront
window. Bulkheads should normally be less than 24" high, unless restoring
a historic configuration. Bulkheads can occasionally be omitted in cases
where the storefront window extends down to sidewalk grade. Do not set
the window sill directly on grade.
6.16 Select bulkhead materials that are compatible with the materials of
the overall facade and style of the building.
6.17 _ Select high quality, durable, smooth- surfaced materials for
bulkheads with a high level of pedestrian interest, such as glazed tile, stone,
marble, wood panels and pressed brick.
Guideline 6.17: This storefront features pressed brick.
6.18 Do not use informal or rustic materials such as rough -
sawn wood, rough stone or common brick. Do not use
recessed metal panels or synthetic materials such as vinyl or
cultured stone.
6.19 Stucco is usually discouraged as a bulkhead material.
In limited cases where the overall facade and style of building
displays stucco, its use as a bulkhead material may be
appropriate.
Guideline 6.18a (left):
Discouraged - Avoid informal or
rustic materials like rough stone
or common brick.
Guideline 6.18b (right):
Discouraged - Recessed metal
panels used as bulkhead.
Webster Street Design Manual
Page 25
Signage is a vitally important part of the streetscape. Its impact`should be recognized
at every stage of the design process, not as an afterthought at the completion of a
project.
General Sign Guidelines
Special Note: The following are "guidelines" and are not intended to supercede the Alameda Zoning
Ordinance. All signs must comply with the Alameda Zoning Ordinance, or the most restrictive code. This
Design Manual will be updated to conform with the soon -to -be adopted revised Sign Ordinance.
7.1 Signs should not obscure other building elements
such as windows, cornices or architectural details.
7.2 The size and the lettering of signs, canopies, or
awnings should be in scale and proportional' to the
space in which they are located. Also consider the
size of signs and lettering on neighboring buildings.
7.3 Integrate sign location into the overall design of the
building. Signage should be understated, and should
convey the primary use, primary tenant, or the name
of the building.
Sign Types and Illumination
7.4 Signs which are integrated into the the facade above transoms or awnings are encouraged.
7.5 Tubular neon may be appropriate for a building on Webster Street, but
its use should be limited.
7.6 Blade signs, those that project perpendicular to the
building face, are encouraged. Locate blade
signage near the entrance.
7.7 Internally illuminated signs - those with a light
source contained within the sign - are prohibited.
7.8 Externally illuminated signs - those with a direct
spotlight or halo light, are encouraged. Individual
letters placed on a sign frieze, or wood background,
that are externally illuminated are allowed.
7.9 Do not use box or cabinet signs.
7.10 Signage on awnings should be limited to the valance.
Webster Street Design Manual
Page 26
Sign Lettering at Buildings
and Awnings and Canopies
7.11 A lettering style should be chosen that is refined and reflects the character of the
business or the building. Large, plain, boldface type should be avoided.
7.12 Signs with too much information can appear cluttered. Limit sign wording to
just the business name and logo.
Signs in Windows
7.13 Permanent window signs should not exceed 25% of the window area in which the sign is
located. Temporary window signs are not allowed as per the City of Alameda Zoning
Ordinance.
Webster Street Design Manual
Page 27
Awnings and Canopies
wnings a ove stor onts promote a sense o pe strian sca e an prom/ e protection
from the weather. Awnings also help articulate individual business storefronts and
provide visual relief from a flat building facade, especially on a multi -story building.
Materials
8.1 a) -Use non - glossy materials, such as fabric, metal - framed glass,
and painted or patinated sheet metal. Galvanized sheet metal
is discouraged.
b) Do not use corrugated sheet metal or frequently- seamed
metals.
8.2 Select fire and fade resistant awning fabric.
8.3 Use awning materials compatible with the overall facade and
building styling. Do not use materials such as vinyl, plastic, or
other polymer products.
Size and Positioning
Guideline 8.1: Encouraged - Metal -
framed glass awning.
8.4 Relate awning shapes and placement to others on the building and in the same side of the street in
the same block.
a) Use the same awning alignment and shape on the same level of any single building if consistent
with other guidelines.
b) Mount awnings so that their lower edge will relate to those of adjacent buildings.
8.5 Do not cover transom windows or architectural detailing with awnings.
8.6 Place awnings over individual display windows between prominent vertical elements such as pilasters
or columns. Do not use continuous awnings across the entire building frontage.
Guideline 8.5: Discouraged- Avoid awnings that cover
pilasters and columns.
Guideline 8.6: Encouraged- Place awnings over individual display
windows and between pilasters and columns.
Webster Street Design Manual
Page 28
8.7 Design awnings to conform to the Building and Fire Codes.
a) Do not extend awnings more than seven feet from the face of the building, nor closer than
two feet to the curb, nor more than two- thirds of the distance from the property line to
the curb face.
b) Provide eight feet minimum vertical clearance over the sidewalk for framed or rigid
portion of awning, and seven feet minimum vertical clearance for any unframed valance.
Style
8.8 a) Slanted awnings are preferable to flat or curved awnings.
b) However, domed awnings may be used over arched windows.
c) Valances are attractive additions to slanted awnings.
8.9 Do not internally illuminate awnings.
Guideline 8.8 a: Encouraged - Traditional
slanted awnings are preferred.
8.10 Retractable awnings are encouraged.
8.11 Remove mansard -styled awnings, especially if they
have been added to a historic storefront and are
covering significant architectural elements.
8.12 Limit awning signage to the valance. Awning signage
is included in the total sign area allowed by the
Alameda Sign Ordinance.
Guideline 8.8 b: Allowed - Domed awning(s) over arched
window(s).
Webster Street Design Manual
Page 29
The selection of colors is intended to unify the facade of a building while harmonizing
it with its neighbors.
Note: Design Review is not required for changing colors of existing buildings. This information in
this section is for reference purpose only.
General Color Guidelines
9.1 Building color(s) should be compatible with the, neighborhood and should reinforce the visual
character of the building. Avoid using excessively strong color selections that attract inordinate
attention to the building.
9.2 Avoid using too many colors on the
facade, particularly details. Allow
light and shadow to highlight details.
Usually 2 -3 colors are sufficient.
9.3 Do not paint materials such as brick,
tile, terra cotta, etc, which look best in
their natural state.
9.4 Avoid color distortion and glare
caused by flourescent lighting by
installing incandescent or halogen
lighting in its place.
9.5 Faux finishes and trompe l'oeil effects
are allowed as long as they relate to
the architecture of the building and
are well executed.
Color Placement
Guideline 9.2: Encouraged -
The color range in this tiling de-
tail is varied but not excessively
so.
9.6 Generally, it is best to use lighter colors on projecting elements and
darker colors on recessed elements. Select accent colors to define
key architectural elements such as ornamental details.
9.7 If wall planes are to be painted, use one color to establish
continuity of wall surfaces. Do not paint individual business
storefronts within the same building different colors.
Guideline 9.3: Encouraged - Unpainted tile bulkhead.
Webster Street Design Manual
Page 30
Selecting Colors
9.8 Select colors for the building typical of the architectural style and period of the building.
9.9 Select colors derived from pure hues (colors) as seen in a traditional color wheel. Avoid vivid hues
(chromatic colors) in favor of toned hues. Toned hues are derived by adding achromatic hues to
chromatic hues. Chromatic hues consist of the following:
a) Primary colors are vivid red, vivid yellow and vivid blue.
b) Secondary colors vivid orange, vivid green and vivid purple.
c) Tertiary colors are vivid yellow- orange, vivid red - orange, vivid - red - purple, vivid - blue - purple, vivid
blue - green, and vivid yellow - green.
Achromatic hues consist of the following:
White, gray and black.
9.10 a) . Consider using toned tertiary colors for the building body color.
b) Consider using toned secondary and toned primary colors for architectural detail and accent
elements.
c) Avoid color schemes limited to primary or vivid colors.
9.11 Avoid combinations of warm and cool colors (e.g. orange and blue).
9.12 Limit use of gold or silver (metallic) accenting.
Helpful Hints
9.13 Common paint removal methods are:
• Remove paint with gentlest means possible.
• Chemicals should be compatible with materials.
• Avoid sandblasting and abrasive methods - Do not sandblast brick.
Consult the National Parks Service website at www2.cr.nps.gov /tps /tax /rhb /stand.htm. for more discussion
of appropriate paint removal techniques specific to materials.
Webster Street Design Manual
Page 31
Appendix A: Map of Webster Street
Map of Webster Street
Commercial Zoning District
Scale: No Scale
w
Webster Street Design Manual
Page 32
.1
t
iims
IVi iii::.
Map of Webster Street
Commercial Zoning District
Scale: No Scale
w
Webster Street Design Manual
Page 32
Appendix B: Secretary of the Interior's
Standards for Rehabilitation
These standards are utilized by many jurisdictions to meet an appropriate minimum level of treatment
when undertaking a maintenance or construction project on an historic building. Specific sections of the
Standards for Rehabilitation are quoted below:
The Secretary of Interior's Standards for Rehabilitation are:
1. A property shall be used for its historic purpose or be placed in a new use that requires
minimal change to the defining characteristics of the building and its site and environment.
2. The historic character of a property shall be retained and preserved. The removal of historic
materials or alteration of features and spaces that characterize a property shall be avoided.
3. Each property shall be recognized as a physical record of its time, place, and use. Changes
that create a false sense of historical development, such as adding conjectural features or
architectural elements from other buildings, shall not be undertaken.
4. Most properties change over time; changes that have acquired historic significance in their
own right shall be retained and preserved.
5. Distinctive features, finishes, and construction techniques or examples of craftsmanship that
characterize a property shall be preserved.
6. Deteriorated historic features shall be repaired rather than replaced. Where the severity of
deterioration requires replacement of a distinctive feature, the new feature shall match the old
in design, color, texture, and other visual qualities and, where possible, materials.
Replacement of missing features shall be substantiated by documentary, physical, and
pictorial evidence.
Webster Street Design Manual
Page 33
Secretary of the interior's
Standards for Rehabilitation
Chemical or physical treatments, such as sandblasting, that cause damage to historic
materials shall not be used. The surface cleaning of structures, if appropriate, shall be
undertaken using the gentlest means possible.
8. Significant archeological resources affected by a project shall be protected and preserved. If
such resources must be disturbed, mitigation measures shall be undertaken.
9. New. additions, exterior alterations, or related new construction shall not destroy historic
materials that characterize the property. The new work shall be differentiated from the old
and be compatible with the massing, size, scale, and architectural features to protect the
historic integrity of the property and its environment.
10. New additions and adjacent or related new construction shall be undertaken in such a manner
that if removed in the future, the essential form and integrity of the historic property and its
environment would be unimpaired.'
As defined "Rehabilitation" assumes that some repair or alteration of the historic building will need to
take place in order to provide for an efficient contemporary use; however these repairs and alterations
must not damage or destroy the materials and features or their finishes that are important in defining the
building's historic character.
1 U.S. Department of Interior, National Park Service. The Secretary of the Interior's Standards for the Treatment of Historic
Properties. Washington, D.C.: U.S Government Printing Office, 1995, 62.
Webster. Street Design Manual
Page 34
Appendix C: List of Webster Street Buildings
on Alameda's Historical Building Study List
[Note: the following explanatory text and list of Webster Street buildings is taken from the City of Alameda
website. The most up to date content can be found at http://www.ci.alameda.ca.us/historical/
buildings.html.]
Evaluation Criteria
The criteria used in evaluation were designed to fit the needs and particular circumstances of this project.
They are based on a combination of the criteria for listing in the National Register of Historic Places, for
inclusion in the State Historic Resources Inventory, and for designation as an Alameda Historical
Monument. These criteria can be divided into the broad categories of architectural significance, historical
significance, environmental significance, and design integrity.
Architectural Significance has to do with the style of a historic resource, the reputation and ability of the
architect, the quality of the design, its uniqueness and its execution, and the materials and methods of
construction.
Historical Significance comes from an association with the,lives of persons or important events which have
made a significant contribution to the community, state or nation; or from an association with broad
patterns of cultural, social, political, economic, or industrial history; or the urban development of Alameda.
Environmental Significance has to do with the continuity or character of a street or neighborhood with a
historical resource's setting on the block, its landscaping, and its visual prominence as a landmark or symbol
of the city, neighborhood, or street.
Design Integrity has to do with alterations which have been made over time to the original materials and
design features of the resource.
Evaluation Procedure
The evaluators viewed each of the 10,500 buildings and sites, and decided, based upon the evaluation
criteria, whether it was significant enough to be considered for preservation. If so, the address or description
is included in the Historical Building Study List. In addition, the evaluators made a judgement of the quality
of each historic resource, and of whether it should be considered for preservation individually or as apart of
a grouping or neighborhood.
Webster Street Design Manual
Page 35
List of Webster Street Buildings on
Almia's Historical Building Study List
Use of the List
From a regulatory perspective, the List is significant for two reasons:
1. The Historical Building Code applies to all properties on the List. This offers some flexibility in
building codes to preserve important historical features.
2. No building on a listed property may be demolished without prior approval of the Historical Advisory
Board. This is pursuant to Section 13 -21.6 of the Alameda Municipal Code which requires that the
demolition and removal provisions relating to City Monuments shall also apply to structures and other
resources contained in the Historical Building Study List.
The List is continually being updated and revised by the Historical Advisory Board. Revisions to the List are
filed with the City Clerk. Affected property owners are notified prior to the Historical Advisory Board taking
any action to change the List. A property may be removed from the List by Board action if, in the considered
opinion of the majority of the Board, a structure has been altered to such an extend as to have removed all
historic value or context.
In using this List, please note that most addresses listed are based on field observation. Occasionally a corner
building will have addresses on two streets. Sometimes both are listed; sometimes only one. Regardless of
how it is listed, the entire parcel associated with an address is covered by the listing.
Key to Notation
Each property on the List is preceded by an uppercase letter in parentheses which indicates the type of
historic resource located on the property.
N - A historic resource of the highest quality, eligible for listing in the National Register of Historic Places,
usually because of its architectural significance. These are of the highest priority for inclusion on the list of
Alameda Historical Monuments.
S - A historic resource distinguished by its architectural, historical, or environmental significance, eligible for
inclusion in the State Historic Resources Inventory, and of secondary priority for inclusion on the list of
Alameda Historical Monuments. Many of these are also eligible for listing in the National Register of
Historic Places. Others would be eligible if design integrity were restored.
B - A resource which, due to its scale, massing, materials, style, and other features, is similar to a nearby "N"
or "S" resource and serves as Background support for it. These resources are eligible for inclusion in a group
or district nomination to the National Register of Historic Places.
Webster Street Design Manual
Page 36
List of Webster Street Buildings on
Alameda's Historical Building Study List
E - A resource which, by itself, might be insignificant, but which, together with its neighbors, forms an
Environment which is distinguished by its continuity, its setting, its urban design features, and its integrity.
This resource derives its significance from its association with neighboring resources.
H - A resource which may have Historical importance because of its apparent age or location, or may have
architectural importance because of its similarity to other buildings done by important architects and /or
builders. Historic research should precede further evaluation of this resource.
Some of the buildings and resources have been further studied by the City or private individuals. The form
or report may be on file with the City Planning Department, and is indicated by a lowercase letter following
the address.
n - Included on the National Register of Historic Places.
np - Nomination form for National Register of Historic Places designation has been prepared.
s - A State Historic Resources Inventory form has been prepared.
sg - A group State Historic Resources Inventory form has been prepared.
ap - An Alameda Historical Monument report has been prepared.
Buildings
Webster Street
(S) 1417/19
(S) 1423
(S) 1425/31
(S) 1432
(S) 1442
(B) 1445 -53A, s
(B) 1500, s
(H) 1502
(H) 1504
Webster Street Design Manual
Page 37
st of Webster Street Buildings on'
►larrmeda's Historical Buliding Study List
(S) 1506 -10
(B) 1511, s
(S) 1513 -19, s
(S) 1514 -16, s
(B) 1518, s
(H) 1523
(S) 1528, s
(B) 1532, s
(S) 1536
(B) 1537, s
(B) 1538
(B) 1541 -43, s
(S) 1546
(H) 1550/52
(H) 1551
(B) 1606 -14, s
(S) 1700
(H) 1701- removed 02/92
(H) 1712
(S) 1716
(S) 1829
( -) 1916
( -) 2100, s
Webster Street Design Manual
Page 38
E
L
0
CITY OF ALAMEDA RESOLUTION NO.
UPHOLDING THE PLANNING BOARD'S DECISION TO
READOPT ZONING TEXT AMENDMENT ZA04 -0002 TO THE
WEBSTER STREET GUIDELINES KNOWN HENCEFORTH AS
THE WEBSTER STREET DESIGN MANUAL
WHEREAS, Section 30 -38.5 of the Zoning Ordinance of the City of Alameda
provides for adoption of a Design Manual for commercial development in the City; and
WHEREAS, the Planning Board adopted the .Webster Street Design Guidelines
September 24, 2001 to improve the quality of the built environment, protect and enhance
existing and historic architectural character, prevent incompatible new construction or
facade improvement, protect the value of investments and help guide good design
decisions based on the Community's vision for future commercial development within
the Webster Street commercial area; and
WHEREAS, the adopted Guidelines were a result of a volunteer effort of the
West Alameda Business Association Design Guidelines Subcommittee and were intended
- as a bridge to a final document; and
WHEREAS, on November 17, 2004, the West Alameda Business Association
Board of Directors unanimously endorsed the draft Webster Street Design Manual, an
updated version of the previously adopted Webster Street Design Guidelines; and
WHEREAS, on January 10, 2005, the Planning Board of the City of Alameda
readopted the Webster Street Design Guidelines, to be known henceforth as the Webster
Street Design Manual. A copy is on file in the Office of the City Clerk.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Alameda hereby upholds the Planning Board's decision to readopt the Webster Street
Design Guidelines known henceforth as the Webster Street Design Manual.
Resolution #4 -E CC
3 -15 -05
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
day of , 2005, by the following vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this
day of , 2005.
Lara Weisiger, City Clerk
City of Alameda
E
CITY OF ALAMEDA RESOLUTION NO.
COMMENDING ALAMEDA POLICE DEPARTMENT CAPTAIN
RICH MCWILLIAMS
FOR HIS CONTRIBUTIONS TO THE CITY OF ALAMEDA
THE COUNCIL OF THE CITY OF ALAMEDA records its appreciation for the years
of service faithfully rendered by CAPTAIN RICH MCWILLIAMS for the City of Alameda; and
WHEREAS, RICH MCWILLIAMS' career with the Alameda Police Department
spanned from September 2, 1975 until present and included the following assignments: Patrol
Division Officer, Field Training Officer, Robbery Homicide Investigator, Personnel and Training
Officer, Inspectional Services Sergeant, Narcotics Sergeant, Records Supervisor, Patrol Division
Sergeant , Patrol Division Watch Commander, Traffic Division Commander, Bureau of Operations
Commander, Bureau of Services Conumander, Acting Chief of Police; and
® WHEREAS, RICH MCWILLIAMS has made significant contributions to the City of
U - Alameda, among those being:
O 2
cc
0 • Development of the Police Department's Inspectional Services Section,
• Leading a team that developed the Police Department's Community Policing
model
• Providing a bridge to community groups such as HOME, Alamedans Together
Against Hate, and the Alameda Collaborative for Youth, Children, and Families
WHEREAS, RICH MCWILLIAMS was promoted to Sergeant on March 16, 1985, to
Lieutenant on December 23, 1990 and to Captain on January 2, 2002; and
WHEREAS, RICH MCWILLIAMS and his wife Beckie have two children, Michael
and Richie, and Rich plans on enjoying his retirement life spending more time with his family at
their home in the wine country. In addition to honing his golfing skills and traveling, he will remain
active in youth organizations and civic affairs; and
WHEREAS, on March 20, 2005, RICH MCWILLIAMS will officially retire from his
position as Captain for the City of Alameda's Police Department.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Alameda
does hereby congratulate CAPTAIN RICH MCWILLIAMS for his outstanding achievement in his
service to the City of Alameda and to the profession of law enforcement.
Resolution #5 -A
3 -15 -05
Mayor Beverly Johnson
Vice Mayor Marie Gilmore Councilmember Doug deHaan
Councilmember Tony Daysog Councilmember Frank Matarrese
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
day of , 2005, by the following vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this
day of , 2005.
Lara Weisiger, City Clerk
City of Alameda
City of Alameda
Memorandum
Date: March 3, 2005
To: Honorable Mayor and
Council members
From: William C. Norton
Interim City Manager
Re: Public hearing to consider an Appeal of the Planning Board's denial of seven Variances VO4-
0014 and Major Design Review DR04 -0082 to legalize the unpermitted conversion of an
existing detached garage into a dwelling unit. The site is located at 1608 Santa Clara Avenue
within the R -4, Neighborhood Residential District. Applicant/Appellant: Michele & Frank
Mulligan
BACKGROUND
This matter is a code compliance case that began as a complaint filed in 2002. The property owners
were notified of the alleged violations. Code Compliance Officers subsequently inspected the site
and verified that the garage had been modified without permits. Thereafter the applicant brought in
the request for Major Design Review and seven variances to legalize the conversion of a detached
garage into a dwelling unit. The proposed plan to legalize the unpermitted construction requires
seven variances. Staff recommended at that time that the project be modified to comply with
requirements in the Alameda Municipal Code, as it would be difficult to support the required
findings in order to approve the variance.
DISCUSSION /ANALYSIS
The Appellants are appealing the Planning Board's February 14, 2005 decision to deny the Variances
and Major Design Review (DR04 -0082, VO4- 0014,). The Appellants basis of appeal is that the
illegal conversion of the garage into a dwelling unit occurred prior to their purchase of the property.
Furthermore, the appellants claim that having the dwelling unit was a primary reason for purchasing
the property. In addition, they are of the opinion that to bring back the unit to today's standards is
not feasible.
According to City records the two car garage was constructed in 1984. During staff correspondence
with the applicants, the applicants claimed that the garage was originally constructed and permitted
as a dwelling unit and not a garage. The applicants reference the 1984 permit which indicates the
existing and proposed use as "SFD." However, in the correspondence dated October 20, 2004, staff
explained to the applicants that the existing and proposed use question on the Building Permit form
refers to the use of the entire property and not the structure. Furthermore, the description of work on
the Building Permit clearly states that the structure is a garage. In addition, Code Compliance' s
Dedicated to Excellence, Committed to Service
Re: Public Hearing and
Resolution #5 -B
3 -15 -05
Honorable Mayor and
Councilmembers
March 3, 2005
Page 2
inspection also noted that the physical conditions created by the unpermitted conversion of the
garage into a dwelling unit do not comply with the safety standards of the Building Code. For
example, the upstairs sleeping area has substandard headroom and egress, the stair access to the
upstairs loft does not meet minimum requirements for stair construction, and electrical wiring and
bathroom components do not meet Building Code safety standards. The Planning Board was unable
to support the findings necessary to approve the seven requested variances. The inability to meet
minimum safety standards also led to a unanimous denial of the application by the Planning Board.
BUDGET CONSIDERATIONS / FISCAL IMPACT
There will be no additional funding in the Planning & Building Department budget necessary
relating to Planning activities for this project.
RECOMMENDATION
The City Manager recommends that the City Council conduct a public hearing, review all pertinent
testimony and information then act to uphold the Planning Board's denial of Major Design Review
DR04 -0082 and Variance VO4 -0014 by adopting the draft City Council Resolution included in the
agenda packet.
By:
ATTACHMENTS:
Respectfully submitted,
J ormack
Interim Planning Director
Georgius
aarten eorgius
Planner
1. Planning Board Staff Report (with attachments)
2. Petition for Appeal, February 17, 2005
3. Planning Board Resolution No. PB -05 -05 Denying Variances VO4 -0014 and Denying Major
Design Review DR04 -0082.
4. Planning Board Minutes for the meeting of February 14, 2005
5. Project Plans Att. 5 on file in the City Clerk's Office
cc: President Cunningham, Planning Board
G :\PLANNING \CC\REPORTS\2005 \f -Mar 15 \SantaClara1608 DR04- 0082cc.doc
Dedicated to Excellence, Committed to Service
CITY OF ALAMEDA
PLANNING AND BUILDING DEPARTMENT
STAFF REPORT
ITEM NO.:
APPLICATION:
GENERAL PLAN:
ENVIRONMENTAL
DETERMINATION:
STAFF PLANNERS:
RECOMMENDATION:
ACRONYMS:
ATTACHMENTS:
8 -C
Major Design Review, DR04 -0082 and Variances, VO4 -0014,
Applicant, Peter Braun, for Property Owners, Michelle &
Frank Mulligan — 1608 Santa Clara Avenue. The applicant
requests Major Design Review and seven Variance approvals to
permit the conversion of an existing detached garage to be used as
a dwelling unit. The site is located at 1608 Santa Clara Avenue
within the R -4, Neighborhood Residential District.
Medium Density Residential
Categorically Exempt from State CEQA Guidelines, Section
[15301(e)(1)] – [Additions to Existing Structures]
Dave Valeska, Planner III/ Maarten Georgius, Planner
Deny Variances and Major Design Review
AMC – Alameda Municipal Code
1. Draft Resolution
2. Project Plans
3. Staff Correspondence "Letter of Completeness," December 30,
2004.
4. Staff Correspondence "Second Notice of Incomplete,"
November 17, 2004.
5. Staff Correspondence "No response letter," October 20,2004.
6. Staff Correspondence "Notice of Incomplete Application,"
September 9, 2004.
7. Permit History
I. PROPOSAL SUMMARY
The project involves Code Enforcement action on an unauthorized conversion of a two -car
garage in the rear yard into a dwelling unit. The applicants are requesting approval of a Major
Design Review and seven variances to legalize the conversion.
Alameda Planning Board
Staff Report
Meeting of February 14, 2005
Attachment #1
1
The variances required to legalize the dwelling unit include:
a. Variance to AMC Subsection 30- 4.4(d)(6), for the eight -inch side yard, where five feet is
required for the first story and seven feet is required for the second story.
b. Variance to AMC Subsection 30- 4.4(d)(7), for the eight -inch rear yard, where twenty feet
is required.
c. Variance to AMC Subsection 30- 4.4(d)(8), for the approximate 15' separation between
the main building and the proposed cottage, where a twenty foot separation is required.
d. Variance to AMC Subsection 30- 7.10(a)(2), for not having a landscaped separation
between the proposed parking spaces and buildings /property lines, where a three foot
landscaped separation is required.
e. Variance to AMC Subsection 30- 7.9(f)(1), for the proposed driveway, which is
approximately twenty feet wide, where residential driveways are limited to a maximum
of ten feet, or sixteen feet if the driveway serves a two car garage located within fifty feet
of the street frontage.
f Variance to AMC Subsection 30- 7.10(a)(3), for not having a landscaped separation
between the proposed driveway and the property line, where a one foot landscaped
separation is required.
g. Variance to AMC Subsection 30- 7.6(a)(1), for the proposed three parking spaces, where
a minimum of four off - street parking spaces is required for two dwelling units.
II. BACKGROUND
A. Existing Conditions
The project site is located in the R -4, Neighborhood Residential Zoning District. County records
indicate that the subject property consists of a rectangular lot that measures approximately 46
feet wide by 127 feet deep (approx. 5,900 square feet). The size of this property is larger than
the standard 5,000 square -foot lot required by the AMC. The subject garage is located in the
southeast corner of the rear yard with minimal setback to the side and rear property lines. Since
1984, the driveway has been converted into a garden with the illegal construction of a patio
structure and the placement of planters and landscaping in the driveway, obstructing vehicular
access into the garage. Currently, French doors are located in the garage door opening on the
facade. A kitchen and bathroom were added on the ground floor and a staircase leads to an
upper level loft /attic space, which was converted into a sleeping area.
B. Permit history
According to City records, the existing single - family dwelling was constructed before 1909.
Building records show furthermore that the garage was constructed in 1984. This code
compliance case began as a complaint filed in 2002, and code compliance officers verified that
the garage had been modified with out permits. Thereafter the applicant brought in the request
for Major Design Review and three variances to legalize the conversion of a detached garage
into an in -law unit. Following staff investigation several incomplete letters were send out
requesting the submittal of four additional variances, additional information and revised plans
necessary for Planning and Building staff review. Because the application fees submittal were
Alameda Planning Board
Staff Report
- 4: ter. t . 1 n nnnc
sufficient for three variances only, additional application fees for four additional variances were
requested as well. While requesting additional information, it was made clear to the applicant
that the necessary findings to support approval of the seven required variances were unable to be
made. Staff also recommended that the project be modified to comply with requirements in the
Alameda Municipal Code. The property owner determined he would file for the required
variances.
During staff correspondence with the applicants, the applicants claimed that the garage was
originally constructed and permitted as a dwelling unit and not a garage. The applicants
reference the 1984 permit which indicates the existing and proposed use as "SFD." In the
correspondence dated October 20, 2004, staff clarified by reminding the applicants that the
existing and proposed use fields on the Building Permit refers to the use of the entire property
and not the structure. Furthermore, the description of work on the Building Permit clearly states
that the structure is a garage.
C. Surrounding Land Use
Adjacent property uses include a mix of one and two story, single - family residences.
Many of the homes have detached garages or no designated off - street parking.
North— two -story, single - family residence
South — one -story, single - family residence
East — two -story, multi - family residence
West— two -story, single- family residence
M. STAFF ANALYSIS
In addition to the conversion request the applicant proposes to remove a wood trellis and three
trees at the east side of the house, in order to make way for a third parking space in the driveway
area. This proposed rearrangement of the existing driveway and adding of a new parking space
does not comply with the Alameda Municipal Code, because it does not have a landscaped
separation between the proposed parking spaces and buildings /property lines where a three -foot
landscaped separation is required. The table below compares the existing conditions with the
requirements of the AMC.
a. Compliance with Development Standards for Height, Lot Coverage, and Setbacks
DESCRIPTION
REQUIRED
PROPOSED
COMPARISON
Separation Between Main Buildings
20'
15'
Does Not Comply
Variance Required
Side Setback (garage)
5'
g >,
Does Not Comply
Variance Required
Rear Setback (garage)
5'
g >,
Does Not Comply
Variance Required
Parking/Landscape separation
3'
none
Does Not Comply
Variance Required
Alameda Planning Board
Staff Report
DESCRIPTION
REQUIRED
PROPOSED
COMPARISON
Driveway width
10' or less
19' -7"
Does Not Comply
Variance Required
Driveway/landscaping
1'
none
Does Not Comply
Variance Required
Number of Parking spaces for two
dwelling units
3
Does Not Comply
Variance Required
In addition to the nonconforming features listed in the above table, Code Compliance's
inspection also noted that the physical conditions created by the unpermitted conversion of the
garage into a dwelling unit do not comply with the safety standards of the Building Code. For
example, the upstairs sleeping area has substandard headroom and egress, the stair access to the
upstairs loft does not meet minimum requirements for stair construction, and electrical wiring
and bathroom components do not meet Building Code safety standards.
b. Variances
To grant the relevant Variance, the Planning Board must make all three of the following findings
as they relate to each Variance request:
1. There are extraordinary circumstances applying to the property relating to the
physical constraints of the parcel, such as size, shape, topography, location, or
surroundings.
This finding cannot be made. The property is 5,900 square feet in size and is larger than the
standard 5,000 square foot required in this Zoning District. In addition, there are no
extraordinary circumstances with respect to the shape, topography, location, surroundings.
Neighboring properties are also developed with a similar site configuration.
2. Because of extraordinary circumstances, the literal enforcement of the Zoning
Ordinance standards would result in practical difficulty or unnecessary hardship
such as to deprive the applicants of a substantial property right possessed by other
owners of the property in the same district.
Staff cannot make this finding. There is no practical difficulty or unnecessary hardship such as to
deprive the applicants of a substantial property right possessed by other property owners in the
same district, because all of the other residences in this neighborhood are held to the same
zoning standards and maintain lots with the same size limitations. The property owner has
created a self - imposed hardship by converting a garage into a substandard dwelling unit.
3. The granting of the Variance, under the circumstances of the particular case, will
not be detrimental to the public welfare or injurious to persons or property in the
vicinity.
This finding cannot be made. The garage was designed and constructed for vehicular parking,
and the illegal conversion of the garage into living space has created substandard living
conditions that violate safety requirements of the Building Code. The proposal to retain the
Alameda Planning Board
Staff Report
..F T,.1.....,...._. 1 A "11111C A
dwelling unit in the garage structure within the side and rear property lines also has the potential
to create increased noise along the south and east side of the yard, which may be injurious to the
adjacent and abutting residential properties.
Variance Conclusion:
Staff is unable to make any of the required findings in order to support approval for Variance,
VO4 -0014.
c. Design Review Findings:
The following findings are required for approval of the Major Design Review application:
1. The project will have no significant adverse impacts on the persons or property in
the vicinity.
This finding cannot be made. This finding cannot be made because these listed elements are
noted to have adverse effects under the Variance findings. Nonconforming projects cannot be
found to be without adverse effects if Variance findings cannot support approval of required
Variances.
2. The project will be compatible and harmonious with the design and use of the
surrounding area.
This finding cannot be made. Nonconforming projects cannot be found to be compatible and
harmonious with the design and use of surrounding properties if Variance findings cannot
support approval of required Variances.
3. The project is consistent with the City of Alameda Design Review Guidelines.
This finding cannot be made. These project elements cannot be found to be consistent with the
City's Design Review Guidelines unless the Variance process can approve these nonconforming
elements.
Design Review Conclusion:
Staff is unable to make findings in order to support a recommendation of approval for the
conversion of the garage into an in -law dwelling, as is currently proposed.
IV. RECOMMENDATION
Staff recommends that the Planning Board hold a public hearing, consider all available testimony
and information, review the administrative record, and act to deny Variance, VO4 -0014 and
Major Design Review, DR04 -0082 for the conversion of the existing detached garage into a
dwelling unit.
Alameda Planning Board
Staff Report
Af 4: - n t - 1 n nnnc
Additionally, should the Planning Board uphold staff's recommendation to deny the requests for
Variances and Major Design Review, the Property Owners shall have thirty days (30) from the
date of Planning Board's adoption of the Draft Resolution to submit revised plans to bring all
unauthorized work into conformance either by removing the unauthorized construction and /or
bringing the work into conformance with the regulations of the Alameda Municipal Code and
California Building Code.
G:\PLANNING\PB\Reports\2005 \c -Feb 14 \SantaClara1608 DR04 -0082 VO4- 0014.doc
Alameda Planning Board
Staff Report
1 n nnnc
CITY OF ALAMEDA PLANNING BOARD
RESOLUTION NO. Draft
A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF ALAMEDA DENYING
VARIANCES, VO4 -0014, AND MAJOR DESIGN REVIEW, DR04 -0082 TO LEGALIZE THE
CONVERSION OF A DETACHED TWO CAR GARAGE INTO A DWELLING UNIT AT 1608
SANTA CLARA AVENUE.
WHEREAS, an application was made on August 10, 2004, by Peter Braun for property
owners, Michelle & Frank Mulligan, for Variance and Major Design Review approval to requests
Major Design Review and Variance approval to permit the conversion of an existing garage in to an
in -law unit. The applicant is requesting the following Variances:
1. Variance to AMC Subsection 30- 4.4(d)(6), for the eight -inch side yard, where five feet is
required for the first story and seven feet is required for the second story.
2. Variance to AMC Subsection 30- 4.4(d)(7), for the eight -inch rear yard, where twenty feet
is required.
3. Variance to AMC Subsection 30- 4.4(d)(8), for the approximate 15' separation between
the main building and the proposed cottage, where a twenty foot separation is required.
4. Variance to AMC Subsection 30- 7.10(a)(2), for not having a landscaped separation
between the proposed parking spaces and buildings /property lines, where a three foot
landscaped separation is required.
5. Variance to AMC Subsection 30- 7.9(f)(1), for the proposed driveway, which is
approximately twenty feet wide, where residential driveways are limited to a maximum of
ten feet, or sixteen feet if the driveway serves a two car garage located within fifty feet of
the street frontage.
6 . Variance to AMC Subsection 30- 7.10(a)(3), for not having a landscaped separation
between the proposed driveway and the property line, where a one foot landscaped
separation is required.
7. Variance to AMC Subsection 30- 7.6(a)(1), for the proposed three parking spaces, where a
minimum of four off - street parking spaces is required for two dwelling units.
WHEREAS, the application was accepted as complete on December 30. 2004; and
WHEREAS, the subject property is designated Medium - Density Residential in the General
Plan Diagram; and
WHEREAS, the subject property is located in an R -4, Neighborhood Residential Zoning
District; and
WHEREAS, the Planning Board held a public hearing on this application on February 14,
2005 and has examined pertinent maps, drawings, and documents; and
WHEREAS, the Planning Board is unable to make all of the following required findings in
order to support approval for the Variances to permit the conversion of the existing garage:
Attachment #1
1
1. There are extraordinary circumstances applying to the property relating to the physical
constraints of the parcel, such as size, shape, topography, location, or surroundings.
This finding cannot be made. The property is 5,900 square feet in size and is larger than the standard
5,000 square foot required in this Zoning District. In addition, there are no extraordinary
circumstances with respect to the shape, topography, location, surroundings, and as neighboring
properties are also developed with a similar site configuration.
2. Because of extraordinary circumstances, the literal enforcement of the Zoning
Ordinance standards would result in practical difficulty or unnecessary hardship such
as to deprive the applicants of a substantial property right possessed by other owners of
the property in the same district.
Staff cannot make this finding. There is no practical difficulty or unnecessary hardship such as to
deprive the applicants of a substantial property right possessed by other property owners in the same
district, because all of the other residences in this neighborhood are held to the same zoning standards
and maintain lots with the same size limitations. The property owner has created a self - imposed
hardship by converting a garage into a substandard dwelling unit.
3. The granting of the Variance, under the circumstances of the particular case, will not
be detrimental to the public welfare or injurious to persons or property in the vicinity.
This finding cannot be made. The garage was designed and constructed for vehicular parking, and the
illegal conversion of the garage into living space has created substandard living conditions that violate
safety requirements of the Building Code. The proposal to retain the dwelling unit in the garage
structure within the side and rear property lines also has the potential to create increased noise along
the south and east side of the yard, which may be injurious to the adjacent and abutting residential
properties.
WHEREAS, the Planning Board is unable to make all of the following required findings in
order to support approval for the Major Design Review applications to permit the conversion of the
existing garage:
4. The project will have no significant adverse impacts on the persons or property in the
vicinity.
This finding cannot be made. This finding cannot be made because these listed elements are noted to
have adverse effects under the Variance findings. Nonconforming projects cannot be found to be
without adverse effects if Variance findings cannot support approval of required Variances.
5. The project will be compatible and harmonious with the design and use of the
surrounding area.
This finding cannot be made. Nonconforming projects cannot be found to be compatible and
harmonious with the design and use of surrounding properties if Variance findings cannot support
approval of required Variances.
2
6. The project is consistent with the City of Alameda Design Review Guidelines.
This finding cannot be made. These project elements cannot be found to be consistent with the City's
Design Review Guidelines unless the Variance process can approve these nonconforming elements.
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Board ofthe City of Alameda
hereby determines that the proposal is Statutorily Exempt under California Environmental Quality Act
Guidelines, Section 15270(a).
BE IT FURTHER RESOLVED THAT the Planning Board of the City of Alameda hereby
denies the Variance requests VO4 -0014, and Major Design Review, DR04- 00082.
The decision of the Planning Board shall be final unless appealed to the City Council, in
writing and within ten (10) days of the decision by completing and submitting an appeal form and
paying the required fee.
NOTICE. The Property Owner shall have thirty days (30) from the date of this Resolution to
submit revised plans to bring all unauthorized work into conformance either by removing the
unauthorized construction or bringing the work into conformance with the regulations ofthe Alameda
Municipal Code, California Building Code.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this
decision or final action on any appeals plus extensions authorized by California Code of Civil
Procedure Section 1094.6.
G:\PLANNING\PB\ Resolutions \2005\Feb14 \SantaClara1608 DR04 -0082 VO4- 0014reso.doc
3
Peter Braun
2900 Main Street
Alameda, CA 94501
,City of Alameda • California
December 30, 2004
RE: Letter of Completeness for Major Design Review DR04 -0082 and Variances VO4 -0014 at
1608 Santa Clara Avenue
Dear Mr. Braun,
The Planning and Building Department has reviewed your application and related materials
submitted on December 30, 2004. The purpose of this letter is to notify you that your application
has been found to be complete, in accordance with Government Code Section 65943 (Permit
Streamlining Act). This means that you have submitted all materials required for the Planning
and Building Department to continue to process your application.
Variances Required:
In addition to a Design Review approval, your current proposal will require seven variances to
the Zoning Ordinance, including:
1. Variance to AMC Subsection 30- 4.4(d)(6), for the eight -inch side yard, where five feet is
required for the first story and seven feet is required for the second story.
2. Variance to AMC Subsection 30- 4.4(d)(7), for the eight -inch rear yard, where twenty feet
is required.
3. Variance to AMC Subsection 30- 4.4(d)(8), for the approximate 15' separation between
the main building and the proposed cottage, where a twenty foot separation is required.
4. Variance to AMC Subsection 30- 7.10(a)(2), for not having a landscaped separation
between the proposed parking spaces and buildings /property lines, where a three foot
landscaped separation is required.
5. Variance to AMC Subsection 30- 7.9(f)(1), for the proposed driveway, which is
approximately twenty feet wide, where residential driveways are limited to a maximum
of ten feet, or sixteen feet if the driveway serves a two car garage located within fifty feet
of the street frontage.
6. Variance to AMC Subsection 30- 7.10(a)(3), for not having a landscaped separation
between the proposed driveway and the property line, where a one foot landscaped
separation is required.
7. Variance to AMC Subsection 30- 7.6(a)(1), for the proposed three parking spaces, where
a minimum of four off - street parking spaces is required for two dwelling units.
Because the project requires Planning Board approval, we have tentatively scheduled it to be
heard at the February 14, 2005 Planning Board public hearing. As noted previously, staff will be
unable to make the necessary findings to support approval of the seven required variances and
will be recommending denial of the proposed project.
Planning & Building Department
(Continue...)
2263 Santa Clara Avenue, Room 190
Alameda, California 94501 -4477 Attachment #3
510.747.6850 • Fax 510.747.6853 • TDD 510.522.7538
1
0 Printed on Reyded Paper
In preparation of the public hearing, please submit 15 copies of your plans by January 24, 2005.
Please contact me at (510)- 747 -6888 if you have any questions.
Manager Review:::;
506
Sincerely,
Allen Tai
Planner 11
Cc: Michele & Frank Mulligan, 1608 Santa Clara Avenue, Alameda
G:\ PLANNING\ CURRCORR\88\2004\SantaClaraI608 DR04 -0082 VO4- 0014\SantaClara1608 DR04- 0082com.doc
2
Peter Braun
2900 Main Street
Alameda, CA 94501
City of Alameda • Californi
November 17, 2004
RE: Major Design Review DR04 -0082 and Variances VO4 -0014 at 1608 Santa Clara Avenue
Dear Applicant,
Based upon our review of your resubmittal for Major Design Review and Variances on
November 5, 2004, your application remains incomplete because you have not addressed all the
required items noted on the previous notice, dated September 9, 2004. For this reason, the Code
Compliance- Division have been notified for enforcement action. In order to continue processing
of this application, please ensure that all incomplete items noted on our previous letter are
addressed. We have attached that letter for your reference.
In particular, you have not applied for additional variances and paid required fees for processing
those applications. Also, because your revised plans do not show compliance with AMC
Subsection 30- 5.12(g) for private open space requirements, an additional Variance request and
fees will be required for processing of this project. At this time, we would like to remind you
that Planning staff will be unable to make the necessary findings to support approval of the eight
required variances for converting the garage into a dwelling unit. We strongly recommend that
the project be modified to comply with requirements in the Alameda Municipal Code.
Please respond within 14 days or this application will be deemed withdrawn. You may contact
me at (510)747 -6888 if you have questions about the issues raised in this letter. Thank you.
Attachment: Letter date September 9, 2004
Cc: Michelle & Frank Mulligan, Property Owners
Code Compliance, file X02 -0026
Manager Review /Date:
G:\ PLANNING \CURRCORR \88 \2004 \SantaClara1608_DR04 -0082 VO4- 0014 \SantaClara1608 DR04- 0082inc3.doc
Sincerely,
Allen Tai
Planner II
Planning & Building Department
2263 Santa Clara Avenue, Room 190
Alameda, California 94501 -4477
510.747.6850 • Fax 510.747.6853 • TDD 510.522.7538
Attachment #4
*Printed on Recycled Paper
Peter Braun
2900 Main Street
Alameda, CA 94501
City of Alameda • California
October 20, 2004
RE: Major Design Review DR04 -0082 and Variances VO4 -0014 at 1608 Santa Clara Avenue
Dear Applicant,
We have not received your response to our letter, dated September 9, 2004, within the specified
30 days. Your project remains incomplete as noted in the previous letter, and this matter has
been referred to the Code Compliance Division.
During our conversation on September 16, 2004, you had indicated that the City's 1984 permit
record shows "SFD" as the proposed use for the subject building. As I had noted during the
same conversation, the "proposed use" field refers to the existing and proposed use of the site
and not the building. The use of the building is noted in the description of work, which states
that the new building will be a garage. The City recognizes the property as a single family use
with a detached garage. Planning Staff cannot make the required findings to support approval of
the variances to legalize the conversion of the garage into a dwelling unit. We recommend that
all unpermitted work be brought into compliance with City regulations and that the accessory
building be restored back to garage use.
If you do not respond within 10 days, the project will be scheduled for a Planning Board hearing
for project denial. You will be notified when the hearing is scheduled. Please contact me at 510-
747 -6850 if you have any questions. Thank you.
Cc: Michelle & Frank Mulligan, Property Owners
Ken Jeffrey, Code Compliance Division
Reviewed By/Dat
Sincerely,
Allen Tai
Planner II
G:\ PLANNING \CURRCORR188\2004\SantaClara1608 DR04 -0082 v04 -00141SantaClara1608 DR04- 0082inc2.doc
Planning & Building Department
2263 Santa Clara Avenue, Room 190
Alameda, California 94501 -4477
510.747.6850 • Fax 510.747.6853 • TDD 510.522.7538
Attachment #5
0Printed on Recycled Paper
�nc
Peter Braun
2900 Main Street
Alameda, CA 94501
City of Alameda • California
September 9, 2004
RE: Major Design Review DR04 -0082 and Variances VO4 -0014 at 1608 Santa Clara Avenue
Dear Applicant:
Based upon our review of your plans submitted for Major Design Review and Variances on
August 10, 2004, your application has been deemed INCOMPLETE according to the Permit
Streamlining Act (Government Code Section 65943). In order for this application to be deemed
complete, please address the following items:
Variances Required:
1. Your current proposal will require seven variances to the Zoning Ordinance, including:
a. Variance to AMC Subsection 30- 4.4(d)(6), for the eight -inch side yard, where five feet is
required for the first story and seven feet is required for the second story.
b. Variance to AMC Subsection 30- 4.4(d)(7), for the eight -inch rear yard, where twenty feet
is required.
c. Variance to AMC Subsection 30- 4.4(d)(8), for the approximate 15' separation between
the main building and the proposed cottage, where a twenty foot separation is required.
d. Variance to AMC Subsection 30- 7.10(a)(2), for not having a landscaped separation
between the proposed parking spaces and buildings /property lines, where a three foot
landscaped separation is required.
e. Variance to AMC Subsection 30- 7.9(f)(1), for the proposed driveway, which is
approximately twenty feet wide, where residential driveways are limited to a maximum
of ten feet, or sixteen feet if the driveway serves a two car garage located within fifty feet
of the street frontage.
f. Variance to AMC Subsection 30- 7.10(a)(3), for not having a landscaped separation
between the proposed driveway and the property line, where a one foot landscaped
separation is required.
g. Variance to AMC Subsection 30- 7.6(a)(1), for the proposed three parking spaces, where
a minimum of four off - street parking spaces is required for two dwelling units.
Because the application fees submittal are sufficient for three variances only, additional
application fees for four additional variances will be required. Investigative Fees of 400% of the
application fee will also apply because this is an Enforcement Case.
2. Your application is also missing a fee item for Environment Review (Categorical Exemption
• determination), which is required under State CEQA requirements.
Planning and Building Department
2263 Santa Clara Avenue, Room 190
Alameda, California 94501
510 748.4554 • Fax 510 748.4593 • TDD 510 522.7538
Attachment #6
Co Printed on Recycled Paper
The following fee schedule provides an estimate of these costs:
Fee Schedule for additional variances:
4th Variance $712.50 (includes 400% Investigative Fee)
5th Variance $712.50 (includes 400% Investigative Fee)
6th Variance $712.50 (includes 400% Investigative Fee)
7th Variance $712.50 (includes 400% Investigative Fee)
Environmental Review $370 (includes a $250 deposit)
Subtotal $3220.00*
*NOTE: Other applicable fees may apply at the time of submittal
Other Incomplete items:
/ 3. Because the project is a request to legalize the conversion of a garage into a residential unit,
the plans must identify the undocumented residential unit as a proposed cottage and the
existing site plan should identify the structure as the existing garage. Please revise your
plans to comply.
4. Surrounding Environment. Please provide a second site plan showing the proposed cottage
and its relationship to adjacent buildings. The height of adjacent buildings shall also be
included on the plans.
5. Dimensions. Your plans indicate that the drawings should not be scaled, however, the plans
lack dimensions pertaining to various items related to the project. Please revise your plans to
show dimensions of the driveway width, the distances between buildings, the dimensions of
the loft space in the proposed cottage and other items related to the variances mentioned
above. The total height of the proposed cottage shall also be indicated.
'6. Summary Table. Please complete the attached summary table for this project. In addition,
please provide both floor area and total lot coverage calculations for the two buildings.
7. Garage conditions. If possible, please provide detailed drawings of the garage prior to the
unpermitted conversion. The plans should show all building elevations as well as a floor
plan of the interior conditions.
8. Open Space. Open space is required pursuant to AMC Subsection 30 -5.12 for properties
with multiple dwelling units. Please revise your plans to show common and private open
space areas according to the open space requirements. Additional variances may be required
for this project if the requirements cannot be met.
9. Please revise your plans to show the location of any trees, fences, or any other accessory
structures on the property.
If you disagree with the decision regarding the incompleteness of your application and the
additional requirements, you may appeal it to the Planning Board. A $95 fee and a $500 deposit
is required along with the appropriate form and 15- copies of any supporting plans and/or exhibits
must be submitted to the Planning and Building Department, Room 190, 2263 Santa Clara
Avenue, Alameda, within 10 calendar days (which would be no later than 5:00 p.m., Monday,
September 20, 2004).
Preliminary Merits
Staff will be unable to make the necessary findings to support approval of the seven required
variances. We recommend that the project be modified to comply with requirements in the
Alameda Municipal Code. Additional staff comments may be forthcoming pending your
response to this notice.
This application will be cancelled and referred to Code Compliance for enforcement action if a
complete application, as requested by this notice, is not submitted within 30 days. Please contact
me if you have questions about the issues raised in this letter. Thank you.
Sincerely,
Allen Tai
Planner II
Attachment: Summary Table
Cc: Michelle & Frank Mulligan, Property Owners
Jerry Cormack, Development Review Manager
Code Compliance, file X02 -0026
G:\PLANNING \CURRCORR \88\2004 \SantaClara 1608 _DR04- 0082_VO4- 0014 \SantaClara l 608_DR04- 0082inc.doc
CITY OF ALAMEDA - ADDRESS ACTIVITY REPORT
Activity at: 1608 SANTA CLARA
Permit Type Status Applicant Work Description Issued Date Fineled Date
B03 -0884 Building FINALED MULLIGAN CODE ENF: TEAR OFF & RE -ROOF 07/15/2003 08/05/2003
Permit MICHELE P & SFD (FRONT BUILDING ON
FRANK F PROPERTY, CLASS A, INSTALL
SPARK ARRESTOR IF NEEDED)
BP840727 Building FINAL HERINGER DEMO GARAGE 06/15/1984 08/09/1984
Permit
BP840728 Building FINAL HERINGER NEW GARAGE 06/15/1984 10/26/1984
Permit
DR04- Major APPLIED PETER CODE ENF: 504 SF DWELLING AT
0082 Design BRAUN, AIA REAR OF PROPERTY
Review
P97 -5002 Plumbing FINAL SING SING REPLACE SEWER LATERAL 01/02/1997 01/21/1997
Permit CONSTRUCT! (RESALE)
ON CO.
VO4 -0014 Variance APPLIED PETER CODE ENF: 504 SF DWELLING AT
BRAUN, AIA REAR OF PROPERTY (REQUIRES 3
VARIANCES: SIDE/REAR SETBACKS;
EXCEED MAX ALLOWABLE HEIGHT;
PARKING SPACES)
X02 -0026 Complaint RECEIVE CITY OF CONVERTED GARAGE INTO LIVING
D ALAMEDA UNIT; REPLACED ROOF W/O PERMIT
ABOUT ONE (1) YEAR AGO
Rpt6063 09/09/04
Attachment #7
Page 1 of 1
ALAN N0. ,PERMIT NO.
ADDRESS: /G •'8 �.'iP s �" j.17 .y' ✓
APPUCATION FOR BUILD;NG PERMIT
CITY OF ALAMEDA
�( 522.4100, Est. 276
New Const ` Addition Alteration Repair
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VALUATION OF WORK
COST OF WORK TO DE CHECKED
PRIOR TO FINAL INSPECTION
including all labor. materials. and all lighting, heating, ventilating.
Water supPlY. Plumbing. fire Sprinklers, electric wiring, elevator
equipment and all features that are affixed or a permanent tart
of the building. I�
Address: FEES: Building S
Sewer Conn:
Plan Check
Unit Tax: Total. $
NOTICE: This permit dots NOT INCLUDE any construction within
the public right of way.
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or efts ova 44 014...1..45.16 r. •
1 Pr•Oy lion. •.141 VMe i 1 1001 r140.14..d.4e •0•41y la Po PAN.
1.011 of the *IA I0. w44th 1445 5•••14 • •••4 LUG 2c•7, C4.. CJ.
111A44 •
VESOA %
I CEP TIN TWAT I HAVE (GAO TILLS APPU ATICN.ANO STATE TWAT
THE INFORMATION GIVEN 6 TRUE AND CORRECT. I AGAEL TO C0.4 -'
KY WITH All lOCA4 ORDINANCES ANA STATE LAWS AELATSJO TO
eAoorG C.SwStsvcsiON ANO 4 MAKE n46 STATEMENT 11.DEA
P(AALTY OF LAW IHE AM AUTHORIZE AE►RES(NTATWCSOF T/46
CITY ,CONNTY TO ENTER Lwc»f THE ABOVE MENTIONED PROPERTY
FOR NSP(CTION PURPOSES NOTCEI4 TW6 POINT W0.i. EXAM
0r L14TATION Si w0104 6 NOT STAATTO 41134 OASS OR r W04(
6 A14•00NE0 3044 55011E TIHANIfbOAYS. 00 1403 CONCLAL On
CODER /WV CONSTRUCTION UNTI. THE WORK 6 NSP(CTED AAO
VIA 64PCCTEYI 6 RECOAD0O ON TIE LACK CO TWE J00 Corr off
CnON EOUESTS AAC R[Ou510 24 HOIMLS
MIS PERMIT DOES OT AUTHORIZE
?LUMLNO. HEATING OR ELECTRICAL WORK
• 1: : .
G
The Department will Telephone ((L6 ;- I '
if alterations or changes In pions are required.
RECEIVED
JUN 15 1984
PLAt4 CHECK FEE. ?Ail)
TI.6 /(11AYT. ALL NSP( R
AovANCE Of He Cr10N. •..5001 '' :: �... /�
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et pJC IMkTo•• GNW is TAt1t e,+0 COAAECt.' AGUE TO 00.1•
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r eared w ..e. II. sP .r. we WEAN; M e• M 114 1 d wed
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01 as ,.elf 01 r4 wow,/ am 1.404wv eenvear ! wRh %wowed
[we lelds M 40.40001 *• wheel IS.e. 7044. Mllwse and PRIM•.
wee Code: The Leetle.toe e Liege's tae due w' .pair Wee woof VALUATION OF WORK S,
` el roan yv,4 /d+Nelms&l" erf∎0d.roeowueaelwsuch
• .110•016 eelb • tawvae10141 kred u.nt plo Is IIM G oractots COST OF WORK TO BE CHECKED
lases*Law.t arrt.Gllrpwsw PRIOR TO FINAL INSPECTION
D∎r.[g1.ar•detSS -r
��;r� 4,41,1 1') a'•� � /1%71 .including all labor. materials. and ail lighting. heating, ventilating,
.w . . v. Imo water supply. plumbing. firs sprinklers, electric wiring. elevator
1 Mahe sm. asii I1eee . c.NSai. el 4e.wM *0.01 ;W..., w . . gulpment and all features that are affixed or a p.m a ant part
4svkllg .4 MANS. cofrVseelloe (41.11 •4e, er 4 ti %3d eeoY 01 Ma building. dv
R.r.a1 MI& 3100. IAA C.► . _ ;' i_,• ^•. ' Address: FEES: u11dIng $ ��_
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OCv+d dtee..araserahwI.rite, .e/aew.aWrv1 i.• %f7" ,1 JO
Unit Tax. TOW i
fTh..1. a. onwwwitwcRwv +uad4We gem* I lid te4'OW wed•, , NOTICE: This permit does NOT INCLUDE any construction w,tni*
w.IIION or Milli. the public right of way
1 [5411 put N IM i•r1e11N'la d wdt 1 e M (Memo
:' Uw.1. 1141 141 ./1410. 1,7 p.ge. nee. lw ''.',. ,.`, ��l.: .
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- 'APPLICATION FOR BUILDING PERMIT
CITY OF ALAMEDA
622.4300. Ext. 276
•
New Coast. AddNbn �.:teralion Repair
Other (I.� i/ . .. ,
• Existing Use' :,/• ��' --1- t S\
Proposed Use
DESCRIPTION OF WORK
WPM .AI 4l 14••••• 15•041. . .. ;.:. ..,.:.. i,': . . ■ Isa uso j •. ✓a
y•Te V~ `�e
6weO
1ereW affirm *AM VW; es .wvaon l.wd.5 p.wcy les N P•Aer -
1•4•411
el lee salt ter week We worm le wawa 6..3007. CM OA
M.:131, $.tin N F ' THIS PERMIT DOE; NOT AUTHORIZE
� ILUYt8.NG. HEATING OR ELECTRICAL WORK
tux..,Io STATE THAT
1 HI NF r THAT 1 HAVE NEAR L4 APPU�a - .
IME withs ATIUNGNLN IS TRVCS mO _STATI .IAW EL TN.O TO I•.,. .. I�x. :;: j C
i
`.,. r1,,,VNTM AIIVKAl Ol1O AI o 1 sust 1416 Stet 4LWT�LIW 0'' ,,.•� "
C j•AW.IstAti ANO l Thfi 0epartmtntRII
on/CM/NTT TO INT10 At1T1101UZE ABOVE LIE LNTAt7�ESW TN6
iOR WSPICT OFyltTj pSEt kQICEN�MISLKae11TK Will f( altlntl0ni Or Ching n la flgUlred. �• r
IV te•�TAT10N eT woes SNOT START[0 tilfltltTS ORPwoA[:; ;': •' R EC E I V G d
^r;.
COVER! 4cOrr+sstsuCTa; was 1441 Wogs TeyECTED ANO !: `an ?` 3:{ JUN 16}984
r ' 1441 INTACT ON 6 RIC0110I0 01+ 11.1 tACO Of TN6.ioa 40"1 d •try z;... PLAN CH/ECIPP _ orEECB
was newt. All rivet .E0 ($ts 441 0LOUel10 3• I4O1J ate: lL•' '�}
N .Ovewtt OI t►,L ' :,' -. - ii i .t:� .. i` a CEMTItAL .
OCMN4.W ,, Ile:-•.. ,Receipt• �'`. :I T*AL I !IFt'alu; 116 a
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1
. PETITION .FOR APPEAL
TO: CITY OF ALAMEDA O7"Y L..DGIAlelL
City Hall (Planning Board or City Council)
2263 Santa` .Clara Avenue .. #190 ,
Alameda CA 94501
This petition is hereby filed as an appeal of the decision
Te4v/vl/vOYQQ9
(Planning Director /Zoning.. Administrator /Planning Board /Historical
Advisory' Board)
which 6/U/ e0 for
(Denied /Granted /Establi shed Conditions)
at goo0 50,y tr- (auY .//'C_ for a
(Street Address)
Of the
(Application Number)
✓ r) - 0082 --
Design. Review Use Permit
Subdivision Map Rezoning
Development
Planned Development /Amendment'
on /1 /O
y Variance
Plannned
Other
(Specify)
(Specify Date)
The basis of the appeal is: �)� F EL 77-14r 50,-/e-r-N/A/6-
Cklf35 `et5G[SG ci-" -A7' 7"N.& Q?lG• /AJAC - Ei2m/777Ndt PO€ 7R thtelOG
T Ar ALTWOUGN toe Co6•E Jwi- r l•E a oL, RT o rl6 PP atve V
�0 yEAks f G<s/ /T /� Z'ilRbSs/86E TO /' T ?00Arr 57?Atv,(zepr. &)e
56/464/7 -ricg ; c 72'YPcirie•ttr, /QT,FoF /E &7TA6 .€6
(If more space is needed, continue on the reverse side or attach
additional sheets.)
? ANk flc,j&j,j
(Name)
/bog SgArroo as e,, A/4
(Address)
A64/1116P/9 6:<)
(City /State) 1
6-/0 -38r--6w7f2
.(Telephone - Work
,67(!)-X23-- 9/l/
(Telephone - Home)
************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
(For Office Use Only) Date Received Stamp
Received By:
Receipt No.: 4-il g 35 3 e /9/,/0
G: \PLANNING \FORMS \APPEAL01.WPD
RECEIVED
I FEB a 7 zoos
PERMIT CENTER
ALAMEDA, CA 94501
Attachment . #2
AP' x/E--g- Ert�r G ,�3E6 e`Y /.r/G TiY6�
�E Gorr f ,dam 2t'�QA
(A.)4, 09926 !-to PifA) -71140r. 7-,v 11PPC-09 c w i.' G-11/6 a u CA.r6
T .'41pCi.9/ «ry 7M Or? CoLlivc doc s- Ib (54462RA DE Tf1�
7IEG6/6N or 7"/4/-- 36ARO 4t'D bP* 'clt C Y 7716 V4€llwce.f
PC-25
, 1661,4),--e„
CITY OF ALAMEDA
2263 SANTA CLARA AVENU. .O0M 190 (510) 747 -6800
ALAMEDA, CA 94501 FAX (510) 747 -6804
Major Design Review: DR04 -0082
Applicant Information
PETER BRAUN, AIA
2900 MAIN ST
ALAMEDA, CA 94501
510 -523 -3334
Contractor Information
Owner Information
MULLIGAN MICHELE P &
FRANK F
1608 SANTA CLARA AVE
ALAMEDA, CA 94501
510 -523 -9111
Project Information
Status: INCOMPLETE
Type: Major Design Review Finaled:
Category:NA
Sub -Type: NA
Parcel Number: 072 - 0317 - 003 -00
Job Address: 1608 SANTA CLARA AVE
Applied: 08/10/2004
Issued:
Valuation: $2,498.15
Work Description: CODE ENF: 504 SF DWELLING AT REAR OF PROPERTY
INSPECTIONS
Building: (510) 747 -6830 (7:30 -9:30 AM)
Plumbing & Mechanical: (510) 747 -6830 (7:30 -9:30 AM)
Electrical: (510) 747 -6830 (7:30 -9:30 AM)
Fire: (510) 337 -2120
Design Review: (510) 747 -6850
ITEM # ELL E DESCRIPTION
41
250
620
710
930
X930
2999
RECEIPT #
414846
1419333
\\‘:g1g
2400 -Code Enforcement Investigative Fee -
T&M (free form)
250- Filing Fee (per activity)
620 - Records Management Fee
710 - Design Review Fees - (Major) Residential
- Free Form
930 -Other Deposit
930 -Other Deposit
Permit Tracking Fee
ACCOUNT CODE
4540 -34410 (3314)
4520 -37450 (1050)
99409-37900 (1464)
4110- 37090(1410)
001-22310 (1070)
001 -22310 (1070)
4520 -33063 (1051)
UNITS EEL AMOUNT
$1,340.00
1340
1
3
340
750
141.1
1
$39.00
$10.20
$340.00
$750.00
$141.10
$18.95
Total Fees:
PAYMENT
METHOD
Check
Check
CHECK#
110
113
COMMENTS/PAYEE
FRANK & MICHELLE
MULLIGAN
FRANK MULLIGAN
RECEIPT
DATE
08/10/2004
02/18/2005
Total Payments:
PAID
$1,340.00
$39.00
$10.20
$340.00
$750.00
$141.10
$18.95
$2,639.25
RECEIPT
AMT
$2,498.151
$141.10
$2,639.25
$0.00
Rpt6001
oraZtj Ge i
8/05
Balance Due:
Print Date: 02/18/2005
CITY OF ALAMEDA PLANNING BOARD
RESOLUTION NO. PB -05 -05
A RESOLUTION OF THE PLANNING BOARD OF THE CITY OF ALAMEDA DENYING
VARIANCES, VO4 -0014, AND MAJOR DESIGN REVIEW, DR04 -0082 TO LEGALIZE THE
CONVERSION OF A DETACHED TWO CAR GARAGE INTO A DWELLING UNIT AT 1608
SANTA CLARA AVENUE.
WHEREAS, an application was made on August 10, 2004, by Peter Braun for property
owners, Michelle & Frank Mulligan, for Variance and Major Design Review approval to requests
Major Design Review and Variance approval to permit the conversion of an existing garage in to an
in -law unit. The applicant is requesting the following Variances:
1. Variance to AMC Subsection 30- 4.4(d)(6), for the eight -inch side yard, where five feet is
required for the first story and seven feet is required for the second story.
2. Variance to AMC Subsection 30- 4.4(d)(7), for the eight -inch rear yard, where twenty feet is
required.
3. Variance to AMC Subsection 30- 4.4(d)(8), for the approximate 15' separation between the
main building and the proposed cottage, where a twenty foot separation is required.
4. Variance to AMC Subsection 30- 7.10(a)(2), for not having a landscaped separation between
the proposed parking spaces and buildings /property lines, where a three foot landscaped
separation is required.
5. Variance to AMC Subsection 30- 7.9(0(1), for the proposed driveway, which is
approximately twenty feet wide, where residential driveways are limited to a maximum of
ten feet, or sixteen feet if the driveway serves a two car garage located within fifty feet of the
street frontage.
6 . Variance to AMC Subsection 30- 7.10(a)(3), for not having a landscaped separation between
the proposed driveway and the property line, where a one foot landscaped separation is
required.
7. Variance to AMC Subsection 30- 7.6(a)(1), for the proposed three parking spaces, where a
minimum of four off -street parking spaces is required for two dwelling units.
WHEREAS, the application was accepted as complete on December 30. 2004; and
WHEREAS, the subject property is designated Medium - Density Residential in the General
Plan Diagram; and
WHEREAS, the subject property is located in an R -4, Neighborhood Residential Zoning
District; and
WHEREAS, the Planning Board held a public hearing on this application on February 14,
2005 and has examined pertinent maps, drawings, and documents; and
WHEREAS, the Planning Board is unable to make all of the following required findings in
order to support approval for the Variances to permit the conversion of the existing garage:
Attachment #3
1
1. There are extraordinary circumstances applying to the property relating to the physical
constraints of the parcel, such as size, shape, topography, location, or surroundings.
This finding cannot be made. The property is 5,900 square feet in size and is larger than the standard
5,000 square foot required in this Zoning District. In addition, there are no extraordinary
circumstances with respect to the shape, topography, location, surroundings, and as neighboring
properties are also developed with a similar site configuration.
2. Because of extraordinary circumstances, the literal enforcement of the Zoning
Ordinance standards would result in practical difficulty or unnecessary hardship such
as to deprive the applicants of a substantial property right possessed by other owners of
the property in the same district.
Staff cannot make this finding. There is no practical difficulty or unnecessary hardship such as to
deprive the applicants of a substantial property right possessed by other property owners in the same
district, because all of the other residences in this neighborhood are held to the same zoning
standards and maintain lots with the same size limitations. The property owner has created a self -
imposed hardship by converting a garage into a substandard dwelling unit.
3. The granting of the Variance, under the circumstances of the particular case, will not
be detrimental to the public welfare or injurious to persons or property in the vicinity.
This finding cannot be made. The garage was designed and constructed for vehicular parking, and
the illegal conversion of the garage into living space has created substandard living conditions that
violate safety requirements of the Building Code. The proposal to retain the dwelling unit in the
garage structure within the side and rear property lines also has the potential to create increased noise
along the south and east side of the yard, which may be injurious to the adjacent and abutting
residential properties.
WHEREAS, the Planning Board is unable to make all of the following required findings in
order to support approval for the Major Design Review applications to permit the conversion of the
existing garage:
4. The project will have no significant adverse impacts on the persons or property in the
vicinity.
This finding cannot be made. This finding cannot be made because these listed elements are noted to
have adverse effects under the Variance findings. Nonconforming projects cannot be found to be
without adverse effects if Variance findings cannot support approval of required Variances.
5. The project will be compatible and harmonious with the design and use of the
surrounding area.
This finding cannot be made. Nonconforming projects cannot be found to be compatible and
harmonious with the design and use of surrounding properties if Variance findings cannot support
approval of required Variances.
2
r
6. The project is consistent with the City of Alameda Design Review Guidelines.
This finding cannot be made. These project elements cannot be found to be consistent with the
City's Design Review Guidelines unless the Variance process can approve these nonconforming
elements.
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Board of the City of Alameda
hereby determines that the proposal is Statutorily Exempt under California Environmental Quality
Act Guidelines, Section 15270(a).
BE IT FURTHER RESOLVED THAT the Planning Board of the City of Alameda hereby .
denies the Variance requests VO4 -0014, and Major Design Review, DR04- 00082.
The decision of the Planning Board shall be final unless appealed to the City Council, in
writing and within ten (10) days of the decision by completing and submitting an appeal form and
paying the required fee.
NOTICE. The Property Owner shall have thirty days (30) from the date of this Resolution to
submit revised plans to bring all unauthorized work into conformance either by removing the
unauthorized construction or bringing the work into conformance with the regulations of the
Alameda Municipal Code, California Building Code.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this
decision or final action on any appeals plus extensions authorized by California Code of Civil
Procedure Section 1094.6.
PASSED AND ADOPTED this 14th day of February 2005 by the Planning Board of the City
of Alameda by the following vote:
AYES: (5) Piziali, McNamara Cook, Cunningham, Kohlstrand
NOES: (0)
ABSENT: (2) Lynch, Marian
G: APL. ANNINGTBaesolutions \2005\FebbASantaClara1608 DR04 -0082 VO4- 0014reso.doc
3
A'1"1'BST:
Je v C . rmack, Interim Se • etary
ity ' anning Board
8 -C. Design Review DR04 -0082; Variance VO4 -0014; Peter Braun for Michele and Frank
Mulligan; 1608 Santa Clara Avenue (AT/MG). The project involves Code Enforcement action on
an unauthorized conversion of a two car garage in the rear yard into a dwelling unit. The applicants
are requesting approval of a Major Design Review and seven variances to legalize the conversion.
The variances required to legalize the dwelling unit include:
a. Variance to AMC Subsection 30- 4.4(d)(6), for the eight -inch side yard, where five feet is
required for the first story and seven feet is required for the second story.
b. Variance to AMC Subsection 30- 4.4(d)(7), for the eight -inch rear yard, where twenty
feet is required.
c. Variance to AMC Subsection 30- 4.4(d)(8), for the approximate 15' separation between
the main building and the proposed cottage, where a twenty foot separation is required.
d. Variance to AMC Subsection 30- 7.10(a)(2), for not having a landscaped separation
between the proposed parking spaces and buildings /property lines, where a three foot
landscaped separation is required.
e. Variance to AMC Subsection 30- 7.9(f)(1), for the proposed driveway, which is
approximately twenty feet wide, where residential driveways are limited to a maximum of
ten feet.
f Variance to AMC Subsection 30- 7.10(a)(3), for not having a landscaped separation
between the proposed driveway and the property line, where a one foot landscaped
separation is required.
g. Variance to AMC Subsection 30- 7.6(a)(1), for the proposed three parking spaces, where
a minimum of four off - street parking spaces is required for two dwelling units.
Mr. Valeska summarized the staff report. Staff recommended denial of the Variances and Major
Design Review, and recommended that the applicant explore other solutions as part of the Code
Enforcement.
The public hearing was opened.
Mr. Frank Mulligan, applicant, detailed the history of this application and stated that he was surprised
to find that the cottage was permitted for a garage. He emphasized that the structure was never a
garage, and distributed an appraisal form to the Board members. He noted that the cottage was
intended to house his mother following surgery, and added that the cottage had always been there. He
noted that he intended to appeal any denial.
Mr. Leo Beaulieu, 1430 Paru Street, spoke in opposition to this item. He noted that when his
neighbor built the cottage, it was never intended to be a garage; the builder originally called it a
workshop.
The public hearing was closed for Board discussion.
Mr. Piziali noted that there were no permits for a house to be built on that site; the permits were for a
garage. He did not believe the structure was built with good workmanship, as stated on the appraisal.
Planning Board Minutes Page 12
February 14, 2005
Attachment #4
President Cunningham advised that the Board must act on the Variances and the findings as they
conform to the Alameda Municipal Code.
Ms. Kohlstrand expressed concern about the residential structure not meeting the building code; Mr.
Piziali noted that even in 1984, a house could not be built on a zero property line. He emphasized
that the Board was severely limited in their ability to help the applicant without making the required
findings.
M/S Piziali/ McNamara and unanimous to uphold staff' s recommendation to deny the Variance and
Major Design Review.
AYES — 5 (Lynch, Mariani absent); NOES — 0; ABSTAIN — 0
Planning Board Minutes Page 13
February 14, 2005
ATTORNEY
CITY OF ALAMEDA RESOLUTION NO.
UPHOLDING THE PLANNING BOARD'S DENIAL OF
MAJOR DESIGN REVIEW DR04 -0082 AND VARIANCE VO4 -0014
FOR THE CONVERSION OF AN EXISTING GARAGE INTO A DWELLING UNIT
AT 1608 SANTA CLARA AVENUE
WHEREAS, an application was made on July 9 2004, by Peter Braun for property owners,
Michelle & Frank Mulligan, for Variance and Major Design Review approval to permit the conversion
of an existing garage in to an in -law unit. The applicant is requesting the following Variances:
1. Variance to AMC Subsection 30- 4.4(d)(6), for the eight -inch side yard, where
five feet is required for the first story and seven feet is required for the second
story.
2. Variance to AMC Subsection 30- 4.4(d)(7), for the eight -inch rear yard, where
twenty feet is required.
3. Variance to AMC Subsection 30- 4.4(d)(8), for the approximate 15' separation
between the main building and the proposed cottage, where a twenty foot
separation is required.
4. Variance to AMC Subsection 30- 7.10(a)(2), for not having a landscaped
separation between the proposed parking spaces and buildings /property lines,
where a three foot landscaped separation is required.
5. Variance to AMC Subsection 30- 7.9(f)(1), for the proposed driveway, which
is approximately twenty feet wide, where residential driveways are limited to a
maximum of ten feet, or sixteen feet if the driveway serves a two car garage
located within fifty feet of the street frontage.
6 . Variance to AMC Subsection 30- 7.10(a)(3), for not having a landscaped
separation between the proposed driveway and the property line, where a one
foot landscaped separation is required.
7. Variance to AMC Subsection 30- 7.6(a)(1), for the proposed three parking spaces,
where a minimum of four off - street parking spaces is required for two dwelling
units.
WHEREAS, the subject property is designated Medium - Density Residential in the General
Plan Diagram; and
WHEREAS, the subject property is located in an R -4, Neighborhood Residential Zoning
District; and
WHEREAS, the Planning Board held a public hearing on this application on February 14,
2005 and examined pertinent maps, drawings, and documents and denied the application; and
WHEREAS, on March 15, 2005 the City Council of the City of Alameda held a public
hearing for the appeal of the Planning Board's prior denial and examined pertinent documents as
well as the record of the Planning Board hearing; and
Resolution #5 -B
3 -15 -05
WHEREAS, the City Council makes the following findings:
Variances
1. There are extraordinary circumstances applying to the property relating to the
physical constraints of the . parcel, such as size, shape, topography, location or
surroundings.
This finding cannot be made. The lot is nonconforming in width, however, this does not represent an
extraordinary circumstance of physical constraint since the lot size (5,900 square feet) and the
configuration is not unique in this neighborhood or Alameda in general. In addition, the lot is large
enough in size and is configured in such a way that a detached garage could be designed to be fully
compliant with AMC standards.
2. Because of extraordinary circumstances, the literal enforcement of the Zoning
Ordinance standards would result in practical difficulty or unnecessary hardship such
as to deprive the applicants of a substantial property right possessed by other owners of
the property in the same district.
Staff cannot make this finding. There is no practical difficulty or unnecessary hardship such as to
deprive the applicants of a substantial property right possessed by other owners of the property in the
same district because other residences in this neighborhood are held to the same zoning standards
and maintain lots with the same size limitations and advantages. The property owner has created a
self-imposed hardship by constructing a non - conforming accessory structure that extends up to the
side and rear property lines.
3. The granting of the Variance, under the circumstances of the particular case, will not
be detrimental to the public welfare or injurious to persons or property in the vicinity.
This finding cannot be made. The proposal to retain the already constructed accessory structure
within the side and rear property lines has the potential to create increased traffic and noise along the
south and east side of the yard, which may be injurious to the adjacent and abutting residential
properties located to the south and the east.
WHEREAS , the City Council is unable to make the findings with respect to the appellants
bases of appeal and relative to the Major Design Review application because the conversion of the
existing garage addition has the potential to cause adverse effects to surrounding properties under the
Variance findings; and therefore, the project proposal cannot be found to be compatible and
harmonious with the design and use of surrounding properties. However, the project could be
redesigned to meet AMC standards and be consistent with the City's Design Guidelines. If the
project were redesigned, findings could be made to support the Design Review.
NOW, THEREFORE BE IT RESOLVED that the City Council finds that the project is
Categorically Exempt from the California Environmental Quality Act, under Section 15301 of the
CEQA Guidelines - Existing Facilities.
BE IT FURTHER RESOLVED that the City Council denies the appeal and upholds the
Planning Board's denial of Major Design Review DR04 -0082 and Variance VO4 -0014 to permit the
conversion of an existing detached garage to be used as a dwelling unit.
NOTICE. No judicial proceedings subject to review pursuant to California Code of Civil
Procedure Section 1094.5 may be prosecuted more than ninety (90) days following the date of this
decision or final action on any appeals plus extensions authorized by California Code of Civil
Procedure Section 1094.6.
I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
day of , 2005, by the following vote to wit:
AYES
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of said City this
day of , 2005.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Mayor and
Members of the City Council
From: William C. Norton
Interim City Manager
Date: March 4, 2005
Re: Recommendation that the City Council Adopt an Ordinance to Establish a Theater
Combining District in Chapter XXX, Development Regulations, and to Rezone
Certain Properties in the Theater Overlay District Designation
BACKGROUND
The City of Alameda Economic Development Strategic Plan (EDSP) defined the City's long -term
economic development goals. Strategy #4 of the EDSP established the goal to "create recreational
and entertainment facilities that serve residents and employees of local firms as well as business and
tourist visitors to the Community." It also specified, as part of its Implementation Plan, "Support
Downtown as a prime location for theatre facilities. "1
Similar City policy was also expressed last year with the approval of the Citywide Retail Policy.
Main Street Policy #2 directed the City to continue to "support and promote Park Street as
Alameda's downtown" and "as the entertainment, cultural, social, and political center of the City."
At the meeting of February 1, 2005, the City Council directed the establishment of a Theatre
Combining District and associate reclassification of Downtown properties in order to implement this
EDSP strategy.
DISCUSSION /ANALYSIS
The Community Improvement Commission (CIC) is proceeding to begin consideration of the
development of a new multiplex theater in the Downtown. To support the public and private
investment being contemplated by this project, the City Council is requested to adopt an ordinance to
establish a Theater Overlay District and rezone certain properties in the Theatre Overlay District
designation. At the meeting of February 28, 2005, the Planning Board recommended approval of
the Zoning Text Amendment and Rezoning.
1 City of Alameda Economic Development Strategic Plan, by Applied Development Economics for City of Alameda
Economic Development Strategic Plan Task Force, Economic Development Commission, July, 2000, p. 20.
Dedicated to Excellence, Committed to Service
Re: Public Hearing and
Intro of Ordinance #5 -C
3 -15 -05
Honorable Mayor and
Members of the City Council
March 4, 2005
Page 2
This action will broaden and continue economic revitalization of the City — particularly the Park
Street Historic Commercial District — by limiting the construction of new, multi- screen movie
theater development, by encouraging the re -use of underutilized retail facilities, and by acting as a
catalyst for development in the Park Street Historic Commercial District. A combining district
would maintain the existing properties' underlying C -C (Community Commercial) zoning
designation, but provide flexibility in terms of development standards for signage for multi -plex
theaters.
The properties to be rezoned include all of the area reclassified to the C -C (Community Commercial)
zoning designation, including the Alameda Theater, which is presently zoned C -C -PD (Community
Commercial- Planned Development). The Planned Development overlay would be removed since it
was placed on the property in order to permit a sign program. A specialized sign program has
instead been incorporated into the new Theater Overlay District.
BUDGET/FINANCIAL IMPACT
There is no direct impact on the General Fund to adopt an ordinance establishing a Theater Overlay
District. However, it is anticipated that it would have a positive effect on the general welfare of the
community because it will help the community to meet its economic goals of having a vibrant
downtown environment.
RECOMMENDATION
It is recommended that the City Council adopt an ordinance to establish a Theater Overlay District
in Chapter XXX, Development Regulations, and to consider rezoning portions of the Park Street
Historic Commercial District with the Theater Overlay District.
Dedicated to Excellence, Committed to Service
C:\DOCUME- 1 \cdd_user\LOCALS -1 \Temp \Staff Report Theatre District 3- 15- 05.DOC
F: CP /Alameda Theatre Project/Theater Combining District - 2005
Honorable Mayor and
Members of the City Council
Respectfull, - submitted,
March 4, 2005
Page 3
e A. i e ft)
Development Services Director
By: Dorene E. Soto
Manager, Business Development DiGision
Eric Fonstein
Management Analyst
WCN/LAL/DES/EF:ry
cc: Robb Ratto, Park Street Business Association
Teresa L. Highsmith, Assistant City Attorney
Dedicated to Excellence, Committed to Service
C:\DOCUME- 1 \cdd_userUACALS -1 \Temp \Staff Report Theatre District 3- 15- 05.DOC
F: CP /Alameda Theatre Project/Theater Combining District - 2005
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
SECTION 30 -2 (DEFINITIONS); AMENDING SUBSECTION 30 -3.2
(COMBINING DISTRICTS); ADDING A NEW SUBSECTION 30 -4.22 (T-
THEATRE COMBINING DISTRICT); AND RECLASSIFYING AND
REZONING CERTAIN PROPERTIES WITHIN THE CITY OF ALAMEDA TO
v- w INCLUDE THE THEATRE COMBINING DISTRICT.
0
cc
BE IT ORDAINED by the City Council of the City of Alameda that:
a--
'ct Section 1. Subsection 30 -2(b) of the Alameda Municipal Code is hereby amended to
>. include the following additional definitions in the appropriate places in the alphabetical structure
of that Subsection:
U
"Multiple screen theatre" is a theatre designed for the exhibition of movies that contains
two or more auditoriums or separate rooms for the display of movies.
"Theatre" includes movie and live theatres and other structures designed for public
exhibitions but, as to movie theatres, does not include a multiple screen theatre.
Section 2. Subsection 30 -3.2 of the Alameda Municipal Code is hereby amended to
include the following additional combining district at the end of that subsection:
"T Theatre overlying combining.
Section 3. Section 30 -4 of the Alameda Municipal Code is hereby amended to add a
subsection 30 -4.22 as follows:
Subsection 30 -4.22 T, Theatre Combining District.
a. General. The following regulations shall apply in all districts which are
combined T Districts and uses of land in such combined districts shall be subject
to the provisions of Section 30 -4; provided, however, that wherever conflict in
regulations occurs, the regulations of this subsection shall govern.
b. Uses Permitted. All uses permitted in the respective district with which the T
District is combined.
c. Uses Requiring Use Permits. It is the intent of this paragraph that the following
uses shall be reviewed by the Planning Board for the appropriateness in a
Introduction of Ordinance #5 -C
3 -15 -05
specific location, or for such other factors as safety, congestion, noise, and similar
considerations
1. Auditoria,
2. Multiple- screen theaters
3. Theaters, both movie and live,
4. Other places of public assembly,
5. All uses permitted pursuant to a Use Permit in the respective district with which
the T District is combined.
d. Special Parking Requirements. In addition to the findings in Section 30 -21.3,
the Planning Board may authorize the issuance of a Use Permit only if the proposed
parking (i) is adequate to serve the use's peak parking demand as estimated by a study
satisfactory to the Planning and Building Director and (ii) complies with all other
applicable provisions of section 30 -7 of this chapter.
e. Special Signage Requirements. Every use permitted under paragraph c. of
this subsection may include signs provided that individual standards shall be
established for each project in conjunction with the approval required by paragraph c.
Requirements for similar uses discussed in this article shall serve as guidelines. All
signs, temporary and permanent, shall be approved by the Planning and Building
Director pursuant to a coordinated signing program for each project. The program
shall coordinate:
(i) Location, number, size and mode of display.
(ii) Colors, materials and illumination.
(iii) Temporary signs: duration of use.
Section 4. Zoning Map Amendment. Section 116 of Ordinance 1277, N.S. is hereby
amended by reclassifying and rezoning from C -C (Community Commercial) and C -C -PD
(Community Commercial — Planned Development) to C -C -T (Community Commercial -
Theater) all the real property situated within the City of Alameda, County of Alameda, State of
California, as depicted on Exhibit "A" to this ordinance.
Section 5. The above amendment shall be known as and referenced to as
Reclassification and Rezoning Amendment No. 196 to Ordinance No. 1277 N.S.
Section 6. Severability. Should any provision of this Ordinance or its application to
any person or property be found by a court of competent jurisdiction to be invalid or
unenforceable, the remaining provisions hereof shall be enforceable according to their terms and
to that end the provisions of this Ordinance are severable.
Section 7. Construction. To the extent the provisions of the Alameda Municipal
Code as amended by this Ordinance are substantially the same as the previous provisions of that
Code, they shall be construed as continuations of those previous provisions and not as new
enactments.
Section 8. 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.
Exhibit A to City of Alameda Ordinance No, 2851
Rezoning of the Park Street Business District to C -C
Prepared by Planning Department
November 13, 2000
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
day of , 2005, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this day of , 2005.
Lara Weisiger, City Clerk
City of Alameda
City of Alameda
Memorandum
Date:
To:
February 16, 2005
Honorable Mayor and
Councilmembers
From: William C. Norton
Interim City Manager
Re: ZA04 -0001 Zoning Ordinance Text Amendments /City -wide. Review and
revision of Section 30 -6 of the Alameda Municipal Code (AMC), Sign Regulations.
BACKGROUND
The Executive Directors of the Park Street Business Association (PSBA) and the West
Alameda Business Association (WABA) have requested enforcement of signage regulations
within each of their districts. In particular, PSBA and WABA have identified the
proliferation of window signage as a deterrent to achieving the goals of the visioning process
and Main Street Program for each of these commercial areas. City staff reviewed the current
sign regulations with the Executive Directors and it was determined that members of PSBA,
WABA and City staff should meet to clarify various sections of the code to achieve internal
consistency and the enforcement goals of the two organizations. The ad hoc committee
reviewed Section 30 -6 and suggested revisions as depicted in the attached draft ordinance.
The Executive Director of the Greater Alameda Business Association (GABA) was also
informed of the efforts of the committee and copies of draft ordinance revisions were
provided for their review and comment.
DISCUSSION /ANALYSIS
The attached draft ordinance incorporates shading to identify where changes are proposed,
strike -out where language is being eliminated and bold typeface where new language is
inserted. Many of the sections of the code were relocated to clarify the current and proposed
regulations. The primary focus of the proposed amendments is to clarify regulations for
window and temporary signs. If adopted, these amendments will provide clarity to
strengthen the anticipated code compliance process to enforce the provisions of the Sign
Ordinance. Specific sections where most of the amendments are proposed are:
30 -2: Definition of Sign clarified.
30 -6.1: Establishes the Purpose and Intent of this section of the Code.
30 -6.2: Definitions within the Sign Regulations section of the Code define
promotional signs, temporary signs, window display and window signs.
30 -6.3: General Requirements establishes regulations for all on- premise signs.
Dedicated to Excellence, Committed to Service
Re: Public Hearing and
Intro of Ordinance #5 -D
3 -15 -05
Honorable Mayor and Page 2
Councilmembers February 16, 2005
Section (a) clarifies that a sign permit is required for all signs.
Section (b) retains the current limit of two signs exclusive of directional
signs and window signs.
Section (c) stipulates maximum sign area allowed.
30 -6.4: Requirements for window signs are included in subsection (c). PSBA and
WABA have recommended window signage be limited to no more than
25% of the area of any one (1) window.
30 -6.8: Distinguishes between the various types of temporary signs.
The Planning Board reviewed the draft ordinance revisions and recommended approval of the
ordinance as drafted.
BUDGET CONSIDERATION/FINANCIAL IMPACT
There will be no direct impact to the Planning & Building Department Budget. The draft code
amendments should result in a more streamlined development review process which may result in
cost savings to the customer and/or property owner.
RECOMMENDATION
The Planning Board recommends that the City Council hold a public hearing, consider all pertinent
testimony and information, then approve and give first reading to the recommended ordinance
revising Section 30 -6 of the AMC, Sign Regulations. Adoption of the ordinance will be scheduled
for the next City Council meeting.
By:
Respectfully submitted,
Cormack
Interim Planning Director
Attachments: January 10, 2005 Planning Board Staff Report
January 10, 2005 Planning Board minutes
Cc: PSBA
WABA
GABA
G :\PLANNING \CC\REPORTS\2005 \e -Mar 01\ZOSigns.doc
rte„
dith Altschuler
upervising Planner
Dedicated to Excellence, Committed to Service
ITEM NO.:
APPLICATION:
GENERAL PLAN:
ENVIRONMENTAL
DETERMINATION:
STAFF PLANNER:
RECOMMENDATION:
ACRONYMS:
ATTACHMENT:
CITY OF ALAMEDA
PLANNING DEPARTMENT
STAFF REPORT
9 -B
ZA04 -0001 Zoning Ordinance Text Amendments /City-
wide. Review and revision of Section 30 -6 of the Alameda
Municipal Code (AMC), Sign Regulations.
City -wide amendment
Exempt from State CEQA Guidelines, Section 15060.
Jerry Cormack, Development Review Manager
Judith Altschuler, Supervising Planner
Recommend to the City Council approval of the proposed
Zoning Ordinance Text Amendments.
AMC — Alameda Municipal Code
CBC — California Building Code
1. Draft Zoning Ordinance Text Amendments
I, PROPOSAL SUMMARY
This hearing is scheduled for review of amendments to Section 30 -6 of the AMC,
Sign Regulations. The purpose of the amendments is to clarify current
regulations and establish internal consistency with various sections of the AMC
with the primary focus on regulations pertaining to Window Signs.
II. BACKGROUND
The Executive Directors of the Park Street Business Association (PSBA) and the
West Alameda Business Association (WABA) have requested enforcement of
signage regulations within each of their districts. In particular, PSBA and WABA
have identified the proliferation of window signage as a deterrent to achieving the
goals of the visioning process and Main Street Program for each of these
commercial areas. City staff reviewed the current sign regulations with the
Executive Directors and it was determined that members of PSBA, WABA and
Alameda Planning Board
Staff Report
Meeting of January 10, 2005
Page 1
Attachment #1
City staff should meet to clarify various sections of the code to achieve internal
consistency and the enforcement goals of the two organizations. The ad hoc
committee reviewed Section 30 -6 and suggested revisions as depicted in the
attached draft ordinance. The Executive Director of the Greater Alameda
Business Association (GABA) was also informed of the efforts of the committee
and copies of draft ordinance revisions were provided for their review and
comment.
III. DETAILED PROJECT DESCRIPTION
signs.
The attached draft ordinance incorporates shading to identify where changes are
proposed, strike -out where language is being eliminated and bold typeface where
new language is inserted. Many of the sections of the code were relocated to
clarify the current and proposed regulations. The primary focus of the proposed
amendments is to clarify regulations for window and temporary signs. If adopted,
these amendments will provide clarity to strengthen the anticipated code
compliance process to enforce the provisions of the Sign Ordinance. Specific
sections where most of the amendments are proposed are:
30 -2: Definition of Sign clarified.
30 -6.1: Establishes the Purpose and Intent of this section of the Code.
30 -6.2: Definitions within the Sign Regulations section of the Code define
promotional signs, temporary signs, window display and window
signs.
30 -6.3: General Requirements establishes regulations for all on- premise
Section (a) clarifies that a sign permit is required for all signs.
Section (b) retains the current limit of two signs exclusive of
directional
signs and window signs.
Section (c) stipulates maximum sign area allowed.
30 -6.4: Requirements for window signs are included in subsection (c).
PSBA and
WABA have recommended window signage be limited to no more
than
25% of the area of any one (1) window.
30 -6.8: Distinguishes between the various types of temporary signs.
IV. ENVIRONMENTAL REVIEW
Staff has determined that the proposed zoning ordinance text amendments are
exempt from CEQA pursuant to Section 15060 which exempts projects which
will not result in a direct or reasonably foreseeable indirect physical change in the
environment.
V. RECOMMENDATION
Alameda Planning Board
Staff Report
Meeting of January 10, 2005
2
Staff recommends that the Planning Board hold a public hearing, consider all
pertinent testimony and information, then act to recommend to the City Council
approval of the proposed Zoning Ordinance Text Amendments for Section 30 -6
of the AMC, Sign Regulations.
B
G:I PLANNING\ZOUpdate111005PBReportS igns doc
Alameda Planning Board
Staff Report
Meeting of January 10, 2005
Respe fitted,
Grego
Planning and Building Director
Judith Altschuler
Supervising Planner
3
SIGNS
[DRAFT OF PROPOSED TEXT CHANGES, [January 10, 2005]
30 -2 DEFINITIONS
•
taiamer-whatseeven s
G:\PLANNING\ZOUpdatelsigns 1.12.doc
Attachment #1
Page 1 of 24
30 -6 SIGN REGULATIONS
Sub - sections (proposed)
30 -6.1 In General; On- Premises and Off - Premises Signs.
30 -6.2 Definitions
30 -6.3 General Requirements on On- Premises Signs
a.l. Permit Required for all On- premise Signs
30 -6.4 Requirements by Sign Type
30-6.5 30 6.18 Variances AO*: to `ertain.
30 -6.6 Illumination of Signs
0'.. b7 30 6.15 Signs Exempt
T or Si� .iii
30 6.5 Prohibited Signs
0 30 6.5 Abatement of Nonconforming On- Premises Signs
1-6.11 30 6.14 Removal of Nonconforming Signs
412 30 6.18 Special Requirements for Auto Dealers within Auto
13 30 6.9 Off Pi emtsei-S1gt s ' Ge ral Regulations Regulations
o isrons b, f Srgn kegr lahoi
30 6.10 :,,. � ���.„ �,;�.:...m:.. ,, :,.,:,.:_�,:,,.
Off Premises DirecfionaI',
3agns
30 6.12 O fergo: te .�, ,_b-(e_
meniSeheduleAbatement
Premises Signs
30 -6.16 Conflicts with other Provisions
Sub- sections (existing)
Row
of Off Premisow
Schedule for Off
30 -6.1 In General; On- Premises and Off - Premises Signs.
30 -6.2 Definitions
30 -6.3 General Requirements on On- Premises Signs
30 -6.4 Requirements by Sign Type
30 -6.5 Prohibited Signs [relocated to 30 -6.9]
30 -6.6 Illumination of Signs
30 6.7 Required Permits for Signs[relocated to 30- 6.3.1.a. - no longer a separate sub - section]
•
1.
[deleted]
30 -6.9 Regulation of Off-Premises Outdoor Advertising Signs [relocated to 30 -6.13]
30 -6.10 Off Premises Directional Signs [relocated to 30 -6.14]
[deleted]
30 -6.12 Abatement Schedule for Off - Premises Signs [relocated to 30 -6.15]
30 -6.13 Abatement of Nonconforming on- Premises Signs [relocated to 30 -6.10]
30 -6.14 Removal of Nonconforming Signs [relocated to 30 -6.11]
30 -6.15 Signs Exempt [relocated to 30 -6.7 & 8]
30 -6.16 Conflict with Other Provisions
30 -6.17 Special Requirements for Auto Row [relocated to 30 -6.12]
30 -6.18 Variances [relocated to 30 -6.5]
G:\PLANNING\ZOUpdate\signs 1.12.doc
Page 2 of 24
30-6.1 In General; On-Premises and Off-Premises Signs.
tat uon "Outdoor Advertising" Signs as defined in Section 30-2,.iii*Attir
07,100,0:40.ftlagarniAegagaiii0091;Otrieniikti iligiteiiSh*:and-as-flifther
shall be designed, erected, altered, moved,
removed, or maintained in whole or in part in accordance with the fel-lawLing-selleclale-and
mgulations#1_4_g
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7 Reduce traffic and safety hu7ards througlz proper won
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[40000110f.00.004-
30-6.2 Definitions
. :
kris; and
VisiwaY
a. [recommend that text be deleted, as issue of "on-premise" sign as "off-premise" sign, due to separate
ownership of sign, is no longer relevant)
for sale or manufacture on the premises.
G:\PLANNNG\ZOtJpdate\.sigr I.12.doc
Page 3 of 24
b. As used in this section:
• Abandoned sign shall mean a si
�r] ,ar.t Lv�.
:6 r. _�:�::.. :.I -, :..5. K�iK!
had port which ha.s not for �t reri! over b t a s, l d tJze i�l fily of
Fong° a eFtise a business, lessor, owner, roduct, service or activity on the premises
where the sign % ts?lructu4' -cafe displayed.
• Affiliation sign shall mean any sign whose sole purpose is to identify membership in an
association of businesses, such as credit card companies, association membership, trading
stamps.
• 14 i4-021 shall mean an establishment whose principal activity
is the sale of new or used motor vehicles.
• Auto row shall mean the parcels fronting on both sides of Park Street between the Park
Street Bridge on the north and the north side of Lincoln Avenue on the south, including
adjacent parcels contiguous to ones with frontage on Park Street under ownership or lease
to auto dealers, and including adjacent portions of Blanding Avenue, Buena Vista
Avenue, Pacific Avenue, Tilden Way and Lincoln Avenue which abut parcels under
ownership or lease to auto dealers.
• Awning shall mean a hood or cover which projects from a wall of a building over a
windever-deer, wI c wfi l llj irikiid'ed io PriWide-shadiaaqiiilienyigi which is
typically made of canvas or aluminum or similar materials, and may be fixed in place or
retractable.
• Balloon shall mean an gillated airtight bag that is filled with hot
air or a gas lighter than air.
• Banner shall mean a sign not made of rigid material either enclosed or not enclosed in a
rigid frame, which is 'temporanl, mounted oar shed to_etthq r. poles, trees o: build in's
and n,ay be phzced se as to allow movement of the sign by the wind.
• Borderless sign shall mean a sign composed of parts of a message without a single border
enclosing any of the parts.
• Building frontage shall mean that the portion of an the exterior building wall of a place
e business which • .. ... - .., .:., . faces a public street, walkway or
:...........
parking lot. When separated by interior walls, more than one (1) kind of business may be
considered a separate place of business although operated within the same building by the
same owner.
• Bulletin Boarrd szg
•
hall mein a sig sed to display,anaouncements relativeYto a
pu bLc,tcharitable religjous or, fraternal institution
• Business shall mean a profit- making #11 organization involved in the provision of goods
or services, including transitory residential uses such as motels and hotels but excluding
multiple residential uses.
G:IPLANAIING\ZOUpdate\signs 1.12.doc
Page 4 of 24
• Business complex shall mean five (5) or more businesses located on one (1) or more
parcels of land sharing common pedestrian or vehicular access or parking facilities.
• Business park shall mean industrial or commercial development in all industrial,
manufacturing zones designated in part by the letter M, which contain at least five (5)
different businesses with a combined gross floor area of at least fifty thousand (50,000)
square feet.
• Commemorative plaques shall mean memorial signs and tablets, building name and
erection date, symbols and similar emblems that are a permanent design element of a
building or other structure.
• Construction sign shall mean a sign which identifies the persons, firms or businesses
directly connected with a construction project.
• Dilapidated sign shall mean a sign that is no longer in a good state of repair, and is not
visually attractive and functional, or has become a health or safety hazard.
• Directional sign shall mean an on -site sign which is designed and erected solely for the
purposes of directing vehicular and pedestrian traffic within a project. Such a sign shall
contain no advertising copy.
• District shall mean any zoning district designated in the zoning regulations of the City.
• Directory sign shall mean an identification sign listing the tenants of a building, complex
or "lt -teaan a
a n .
• Double-faced sign shall mean a sign constructed to display its message on the outer
surfaces of two (2) identical and/or opposite parallel planes.
• Exterior display wall shall mean a colonnade or a wall with openings designed as an
architectural feature at the front edge of an automobile dealership's display lot, designed
to provide continuity with adjacent buildings and to improve appearance at the sidewalk.
• Externally illuminated shall mean illumination by a light source located outside of and
not attached to the surface of the sign. Illuminated tubing and strings of lights outlining
portions of buildings shall be considered externally illuminated signs.
• Erected shall mean attached, altered, built, constructed, reconstructed, enclosed or
moved, and shall include the painting of wall signs.
• Face of sign shall mean the entire surface of a sign upon which copy can be placed.
• Flag shall mean any fabric, banner, or bunting containing distinctive colors, patterns, or
symbols, used as a symbol.
• Flashing sign shall mean any sign which is perceived as an intermittent or flashing light.
• Fraternal organization shall mean a group of people associated or formally organized for
a common purpose, interest or pleasure, which shall include lodges, social halls, and
union halls.
G:\PLANNING\ZOUpdatelsigrs 1.12.dac
Page 5 of 24
• Freestanding sign shall mean a sign fixed in an upright position on the ground not
attached to a building or any structure other than a framework or device, erected
primarily to support the sign.
• untra'snn vent campaign sign shall mean a temporary sign announcing a
fundraising drive or event of a civic, philanthropic, educational or religious
organization.' Political rpgt signs are not included under this category. .
• Garage sale sign shall mean a sign with a message advertising the resale of personal
property that has been used by the resident.
• Governmental buildings. For the purpose of this article, shall mean and include: City,
offices, Fire Department, and all County, State and Federal buildings.
• Grand opening sign shall mean a temporary sign or banner erected one (1) time only for a
limited period of time to announce the opening of a new business.
• Height shall mean the vertical distance from the uppermost point used in measuring the
area of a sign to the ground immediately below such point or the level of the upper
surface of the nearest curb of the street upon which the sign fronts, whichever
measurement is the greatest.
tstoric; st "gn'shrall: mean :*,40.1 g that have been determined by the Historic Adv_rsro r
'464.41#1:1044. pric m€rit
• Identification sign shall mean a sign which serves to tell only the name, address, business
and/or profession of the occupant, or use of the building upon which the sign is located,
and which may include an emblem, insignia or logo.
• Illegal sign shall mean a sign erected in violation of the laws in effect at that time, and
not in conformance with the regulations of the Alameda Municipal Code at the time of
adoption of this article.
• Informational sign shall mean any sign which is designed and erected solely for the
purpose of communicating information for the safety or convenience of the public, such
as telephone, danger, rest rooms.
• Institutional uses shall mean uses such as schools, churches, fraternal organizations,
community, governmental, and public recreational facilities, hospitals and convalescent
homes.
+ Internally illuminated shall mean a sign whose light source is located in the interior of the
sign so that the rays go through the face of the sign. , or light source which is attached to
• Light source shall mean a bulb or tube from which light is emitted when it is activated,
including but not limited to incandescent filament bulb, electric discharge bulb, neon
tube, and fluorescent tube.
• Marquee shall mean a permanent roof like structure extending over the entrance to a
building, attached to and supported by the building or freestanding and self supporting.
G:\PLANNAIG\ZOUpdatelsigns I.12.doc
Page 6 of 24
menu` e'ader '0.oa
while usin ve a
`o provide; rnfornialion !
ois
;�gnu, lvtl"iidnir's°ar3�n' %�:
'11"-•
#.0#.0.4#0.#1m.
• Moving sign shall mean a sign which has any actual or apparent moving parts, activated
in any way by mechanical o'r "'eJe' trieaI devices or by wind currents. Signs which change
or appear to change color or intensity of lighting shall be included.
• Multiple faced sign shall mean a sign constructed to display its message on a curbed
surface or on two (2) or more planar surfaces.
• Nonconforming sign shall mean any advertising structure or sign which was lawfully
erected and maintained prior to the adoption of this article, and which has subsequently
come under the requirements of this article, with which it does not completely comply.
• Nonilluminated shall mean neither directly nor indirectly lighted and containing no
material that is made for the purpose of being reflective or fluorescent.
• Official sign shall mean a sign or signs required by governmental body to discharge its
legally required function.
• Off-premises directional sign shall mean a sign identifying a publicly owned facility,
emergency facility, tenants within a business park, temporary subdivision signs, which
are no greater than thirty (30) square feet in area. Such facilities and business parks may
have no more than two off - premises directional signs. Real estate signs are not included
in this definition.
• Off-premises sign shall mean any sign identifying a use, facility, service or product which
is not located, sold, or manufactured on the same premises as the sign or which identifies
a use, service or product by a brand name which, although sold or manufactured on the
premises, does not constitute the principal item for sale or manufactured on the premises.
• On premises sign shall mean any sign identifying a use, facility, service or product which
is located, sold, or manufactured on the same premises as the sign.
• Parking lot shall mean an area of land which is accessible and usable for the off - street
parking of motor vehicles, except for land designated for product display by new and
used automobile dealers.
• Pennant shall mean a long, narrow, usually triangular flag.
• Permanent sign shall mean any sign for which a sign permit is issued with no time limit
in accordance with the provisions of this article. Any mention of signs in this Article shall
be considered to mean permanent signs unless there is a specified time limit or reference
to temporary (e`g � pr omot gnat) signs.
G:IPLANNfNG12OUpdatelsigns 1.12.doc
Page 7 of 24
• Political 0- ampra„gn sign shall mean a sign designed for the purpose of advertising support
of or opposition to a candidate or proposition for a public election.
• Portable freestanding sign shall mean a sign that is designed to be movable and is not
structurally attached to the ground, a building, structure, or any other sign. Included are
signs built in the configuration of an "A" or an "I" frame, and signs mounted on rollers or
slides.
• Privilege sign shall mean a standardized sign supplied at nominal cost or free to a retailer
where a portion of the sign face identifies the products of a regional or national
distributor or manufacturer available only incidentally on the premises, and a portion of
the sign identifies the local retailer. Signs identifying the primary commodity, service or
activity available on the premises, such as signs for auto dealerships, gasoline stations
and chain stores and businesses, shall not be included in this category.
•
Promotional si n shad
g ;use eta identi,fp
• .wiean `,any,,temporary 'sign or, device (ot
Elie busines ' 6i* orga�nc ation's name)_`;
es o, `whtcli include ctrl rs not ltrruted to the promotton o
1ror ucts or's de prices:
er. rranert
vertrsing,
fe.,.of.fers'•.•o1
• Projecting sign shall mean any sign which is suspended from or supported by a building
or wall and which projects outward therefrom. Signs suspended under a porch or
permanent walkway covering shall be included.
• Real estate sign shall mean a "-e'_o`Ye' Para'`'' ". sign indicating that a property or any
portion thereof is open for inspection, for sale, for rent, or otherwise available or
directing people to such a property. Temporary subdivision signs are not included under
this definition.
• Recreational facilities for the purposes of this article, shall mean and include public
parks, and facilities for physical recreation such as golf, tennis, swimming and boating.
• Reflective sign shall mean a sign which is not electrically illuminated, but which responds
to light, such as from passing auto headlights by shining or glowing.
• Roof sign shall mean any sign erected upon or above the roof or parapet of any building,
including any porch, marquee, walkway covering, or similar roof like structure.
• Seasonal decorations shall mean temporarily erected greetings, ornamentation and
displays that relate to an establislie < 'recognized eris holiday, such as July 4 or
Christmas, which contain no advertising.
• Seasonal sales sign shall mean a temporary sign or banner erected for a limited period of
time to id01 f x seasonal business such as Christmas tree lots.
• Sign structure shall mean any device whose primary function is to support a sign.
• Single faced sign shall mean a sign constructed so that its message is displayed on a
single plane, and is viewable from only one (1) side of the plane.
G:IPLANNINGEZOUpdatelsigns 1.12.doc
Page 8 of 24
• Streamer shall mean any a-leng, ribbon -like flag or banner that relies on wind motion to
attract attention.
• Subdivision sign shall mean a sign containing the name, location, or directions to a
builder, developer, and pertinent information about a subdivision for which there is a
properly approved and recorded map, and in which homes or units in a building remain to
be constructed, completed or initially sold.
• Temporary sign shall mean any sign
• or
advertising display, .. including all form of `promotional signs" as defined ...by this
Section, which is typically but not necessarily either made of paper, poster: board,
cardboard, cloth, canvas, fabric, plywood or other light materials, : or painted directly
o n t o . w i n d o w s and i s l e s i g t e d ' o r - i n t e n d e d : t o be d i s p l a y e d f o r a short period of time:
• Vehicular sign shall mean a vehicle which has a sign mounted or painted thereon which
is used primarily as the sign structure and not as a vehicle.
• Wall sign shall mean any outward = facing sign affixed to a building or fence, at no point
projecting more than six (6 ") inches horizontally from the surface upon which it is
attached.
• Window display shall mean any collection of merchandise or artifacts, arranged in a 3-
dimensional display behind a window, typically intended to provide pedestrians with a
visual display of the items : available for sale. The term "window display" eludes
"window sign". as defined by. this Section, but may include incidental price labels on
the items being displayed.
• Window sign shall mean any sign: (a) painted on, eF affixed to, or placed adjacent to, a
window, door or opening or located inside within a distance of 3' or less from echo
a window, door or opening, or any sign located behind a
window or door or within an opening (width-or- height) ; and (b) designed to be viewed
from the outside of the building. The term "window sign" excludes "window display"
as defined by this Section.
30 -6.3 General Requirements on On- Premises Signs
This subsection provides regulations pertaining to all On- Premise signs, and prescribes the
maximum number of permanent .on:premises: signs . and temporary promotional on- premise
signs, and the maximum total area of such signs, that is permitted The following subsection,
"30 -6.4 Requirements by Sign Type, "prescribes additional limitations for the placement and
size of specific types: of permanent on premises signs (e.g. "awning," "wall," "window"signs)
a. Regulations: Perainin,Q to All On- Premise Signs:
1. Permit Required for All Permanent Siwns':.In order to assure compliance with the
regulations of Section, no permanent sign (including signs that do NOT require
building permits) may be installed until a Sign Permit has been issued Sign Permit
O:\PLANNINO\ZOUpdacelsibms 1,12.doc
Page 9 of 24
+� ru[aere,-
fist {U.rdCLfL� �e
,,Y0,-4:0 $ t t' g' ' �o, � n r g►tmay not be u e a � {a
3. 30 6.3. c � i o nand u, Allo a le Mati,nw s. Exempt signs, temporary s g
othe t iruu►otit dal sign and conforming off - premises signs shall not be included
in the determination of the total allowable number of signs or total allowable sign area for
a site.
.130 6.3.d Maxi nu Perir i 1eddAr .
�d�'�1��4�1�Qn�l�tdivtd'ual �'i�rzThe maximum area for
eht
any sign shall be fifty (50) square - feet'unfe s a� smaller' area is required by ott
regula iu
b. 30 6.3.a Number of Signs Allowed
1. The maximum number of ;.:'e 'aneot on- premises signs per ii s: br' ...
a1Mwe fettgfg street buildnt t frontage in any zoning district is two (2), exclusive of
directional signs do sags.
2. The signs i
gns may be multiple -faced and in any combination except that a business Qr;;,nt�"er
u r then_ a tise_with a+drtl+ i a� g `ac ity may not have
(a) More than one (1) freestanding sign per lot.
(b) More than one (1) projecting sign per business lise.
(c) A combination of one )P projecting one ( 1) 'ectin g � si and one (1) freestanding_si
ttltstu tdl z theabovep alt�bat r�a b e tha t onel � fre stlr d ngzsign
es w t � r'a a th ougifa,aertat es may be attowed to an tall a inaxiyr y
triad (2) addataonal eestandu signs, but"anly o serve as menu" reader boa
p imtlra y v et(?�tb e o y from vehicles i tite use's driveway.::
34.The allowable number and type of business oriented directional signs shall be approved
on an individual basis by the Planning Director.
ion s b c,1 c ue ov or n umber of signs allowe i 401i4 rst,,
ee,
uses
aor
. 30 6.3.b Sign Area Allowed
1. Business. The maximum total sign area shall be determined by measuring the building
frontage of the business.
(a) poetit as proyided , subseg# ton (c) below, the total allowable sign area for a rs
tloo business with a single building frontage shall be one (1) square foot of sign area
per linear foot of building frontage, with a minimum allowed sign area of up5ta of
twenty -five (25) square feet and a maximum of one hundred (100) square feet.
(b) For a POlfleikii business with more than one (1) building frontage, or which occupies
more than one (1) building, each building frontage shall be considered separately. The
total sign area for any single first fl uff business shall not exceed one hundred fifty
(150) square feet.
(c) Multiple occupancy building
(1) First floor tenants whose businesses are visible from a public street, walkway or
parking lot shall be entitled to a sign area based on the amount of building
a.\PLANNING\ZOUpdazelsigre 1.12.doc
Page 10 of 24
frontage used by that tenant, with a� an al
twenty -five (25) square feet.
)_Second story tenants shall be entitled to 04,...:01 one (1) window identification
sign which shall not occupy mo re than an twe my -five (25%) percent of the -
y window a reai i 'bnfe; . Mnink se nt ,_,.. g r` th h TO
fe0f
(3) Tenants above the first floor level, and tenants whose businesses are not visible
from a public street, shall be entitled to signs as part of a directory sign, either
freestanding or mounted on the building frontage; three (3) square feet maximum
per tenant.
(d) Home occupation: No signs shall be allowed.
2. less 'vn'i es 'dt Complexes, Shopping Centers, Residential Subdivisions;
Industrial Complexes, Mixed -Use Projects, Historic Districts and other Planned
Development Projects:
(a) Individual standards shall be set for each project. Requirements for similar uses
discussed in this article shall serve as guidelines.
(b) All signs, temporary and permanent, shall be approved by the Planning Director
pursuant to a coordinated signing program. The program shall coordinate the
following items:
(1) Location, number, size and mode of display.
(2) Colors, materials and illumination.
(3) Temporary signs: duration of use.
3. Multiple - Residential. The maximum total sign area for multiple- residential development
shall be as follows:
(a) Apartments, condominiums [three to ten (3 -10) units]: Ten (10) square feet.
(b) Apartments, condominiums [above eleven (11) units]: Twenty (20) square feet.
(c) Rooming/Boarding houses: Ten (10) square feet.
(d) Convalescent homes: Fifteen (15) square feet.
(e) Bed and breakfast facilities: Four (4) square feet.
4. Professional Office. The maximum total = ' .
sign area shD be as set forth mtul secl�6n
ave fc r $t�sm�sses plus the followin maaumum ota r Iiii400 per
building frontage:
(a) Residential districts: Five (5) square feet.
(b) All other districts: Twenty (20) square feet identification sign, and a directory sign,
three (3) square feet per tenant up to a maximum of thirty-six (36) square feet.
5. Hospitals. The maximum total sign area shall be one hundred fifty (150) square feet.
6. Religious, Educational, Governmental, Recreational. The maximum total sign area shall
be twenty (20) square feet.
(a) Nursery schools, day care, group care and family care centers: Fifteen (15) square
feet.
7. Charitable, Social, Fraternal, Union. The maximum total sign area shall be fifteen (15)
square feet.
8. Construction Site: One (1) on- premises temporary sign not exceeding thirty-six (36)
square feet in area. Duration shall be limited to the period of construction. (A Use Permit
is required in all residential zoning districts, as regulated under Section 30- 21.3.)
<�1
e€
G:\PLANNING\ZOUpdate\signs 1.12.doc
Page 11 of 24
30 -6.4 Requirements by Sign Type
a. Calculation of Sign Area.
1. Single -faced signs: The area shall be that within the outer -most border or edge of the
sign.
2. Double -faced signs: The area shall be that within the outermost edge of one (1) face of
the sign.
3. Multiple -faced signs and three (3) dimensional shapes: The area shall be the area of their
maximum projection upon a vertical plane.
4. Borderless Signs: The area shall be that within a single polygon drawn with straight lines
and right angle corners to enclose all sign parts.
5. Awning Signs: The area shall be the sum of the sign areas on each plane of the awning.
The area of each sign shall be calculated in the same manner as for borderless signs.
6. Sign- Support Structures: The area of sign - support structures other than posts or brackets,
shall be calculated as sign area only when the appearance of such structures attracts
attention for advertising, instructional or informational purposes.
7. Directional Signs: The area of business oriented directional signs shall be included within
the total allowable sign area for the site.
8. Time and Temperature Devices: The area of time and temperature devices used in
b. Wall Signs.
1. Signs shall be located only on building frontages or-fences which are adjacent to a public
street, walkway or parking lot.
2. Signs shall not at any point project from the surface upon which they are attached more
than required for construction purposes and never more than six (6) inches.
3. Signs should **Ube placed no closer to either side of an adjacent business wall than a
distance equal to ten (10 %) percent of the length of the wall. Signs placed closer shall be
subject to twenty -five (25 %) percent loss in total allowable sign area.
c. Window Signs.
1. Signs shall be permitted only en fo"r windows, doors ;or _openings:as set forth Alt
definition "xinaw slgn?'ht afire located on the first and second floors of the
building frontage.
2. Signs shall be mounted on the inside of or painted on windows, doors orri.openings as set
oath ii the definition of "..window sign;'
3. No Permanent rind/at Teyn oratiy ;w ndow signs shall be larger than ten (10) square feet,
and shall not occupy more than twenty-five (25 %) percent,of the area of any one (1)
window. For the purposes'of thissection windowshall n ean.the. area defined by the
framing of the wmdvw Exempt'signs, as described to Subsectwn 3d 6. a d = windaw
displaysvas def„mg. d iy this 'edion,, shall not be considered "winnow signs' , fo it
purpose =ofrletermrning �r plil�ttee wit thrsyub- section.
d. Projecting Signs.
1. Signs shall be mounted only on the building frontage of a business.
2. Signs shall not be permitted for residential uses.
G:IPLANNING\ZOUpdale\signs 1.]2.doc
Page 12 of 24
3. Signs shall be limited to street level tQ r street leveluses:
4. The design configuration and location of the sign shall not block the visibility of other
signs on adjoining businesses.
(a) Projection and area:
Business Maximum Maximum
Frontage Projection Sign Area
30 ft. or more 6 ft 25 sq. ft
29 ft. or less 4 ft. 20 sq. ft.
(1) No sign shall project above the eave line of a building, or a sill of a second story
window.
(2) All signs shall have a minimum vertical clearance of eight (8') feet from the
ground to the bottom of the sign or sign structure.
(3) No sign shall project within two (2') feet of a curb line.
(b) Side set in for businesses with building frontage sharing common sidewalks:
(1) Businesses with a building frontage of more than thirty (30') feet, the sign shall
be set in a minimum of fifteen (15') feet from each sidewall.
(2) Businesses with a building frontage of thirty (30') feet or less, the sign shall be
centrally located; adjacent businesses may stack signs along a common side wall
if the signs are of compatible designs and material.
(c) Thickness: The maximum thickness of a projecting sign shall not exceed that required
for construction purposes, and not exceed $ix (6 }inches:
e. Awning Signs.
1. Signs shall be located only on the building frontage of a business.
2. Signs shall be limited to street level hit's cond st ry occupancies.
3. Signs may be located on more than one (1) plane of an awning being aitd�hall'be
considered as one (1) sign.
4. The maximum sign area for an awning sign shall be thirty -six (36) square feet.
5. The design configuration and location of the awning shall not block the visibility of other
signs on adjoining businesses as seen by passersby on the street.
f Freestanding Signs.
1. Signs shall not be permitted in areas zoned for residential use, except for institutional
uses.
2. There shall be a minimum of seventy -five (75') feet between any two (2) freestanding
signs. The purpose of this provision is to avoid one (1) freestanding sign blocking the
visibility of another sign on an adjoining site.
3. The maximum height for freestanding signs shall be as follows:
(a) Identifications sign: Twelve (12') feet.
(b) Subdivision and construction sign: Ten (10') feet.
(c) Directory sign: Eight (8') feet.
(d) Directional and informational sign: Six (6') feet.
(e) Exempt signs: Six (6') feet.
4. Signs shall not project over public property or vehicular easement or right -of -way.
G:\PLANNING\ZOUpdatelsigns I.12.doc
Page 13 of 24
g.
5. Landscaping .IIIrF'r` ' n in shall be
pie r o Ivn ied o e d ao t the base e of l tnhe d supporting
eodrt+ in
structure
i. x: �h.a 3 . w ed nfo
r ,t.
aa fete4` i
ann ng andBu dux 'Dir
6. Sign area shall be allowed as follows:
(a) Square footage allotted to a building may be transferred to a freestanding sign in lieu
of its use on the building up to a maximum of thirty (30) square feet (area of one (1)
face).
(b) When there is no building on the lot, or when a building does not cover the entire
frontage of a lot, additional square footage for use on the freestanding sign shall be
allowed at the rate of one -half (1/2) square foot per linear front foot of that portion of
the lot on which there is no building, up to a maximum of thirty (30) square feet (area
of one (1) face).
Marquee Signs.
1. Signs shall be mounted only on the front and sides of a marquee.
2. Signs shall not project more than six (6 ") inches from the face of the marquee.
3. Signs shall not extend above the top or below the bottom of the marquee.
4. The maximum total area for marquee signs shall be twenty -five (25) square feet.
h. Privilege Signs.
1. The type of sign and its materials and colors shall be compatible with the architectural
style of the building upon which it is to be located.
2. No more than twenty -five (25 %) percent of the total sign area available under subsection
30 -6.3 may be used to advertise the supplier of the sign. (Ord. No. 535 N.S. §11 -14B4;
Ord. No. 1277 N.S.; Ord. No. 2028 N.S.)
read
r s gets hall t
43
o tldvertising
�D
6:5 30 6.18 Variances i i itafe Z to 0erMin- ,% jsrons, of Si.ek Reeulatians
[30 -6.5 Prohibited Signs, relocated to 30 -6 -9j
The provisions of Section 30 -21 of this article shall apply only to subsections 30- 6.3.a`0,;
'der of ag'n lawea[, "lj 3 `r'ign Ayer l'owed," and 30 -6.4, "l egwremenis.
30 -6.6 Illumination of Signs
.2
a. No artificial exterior light used for the purpose of lighting any sign shall be so located as to
result in the directing of light on to or reflecting glare upon any adjacent property or public
right -of -way.
b. External light sources shall be directed and shielded to prevent direct illumination of any
object other than the sign.
c. No brightly illuminated signs shall be allowed in, or within two hundred (200') feet and
facing any residential zoning district. (Exception: hospitals.)
d. Light source shall utilize energy efficient fixtures.
G:\PLANNING\ZOUpdate\signs 1.12.doc
Page 14 of 24
30-677-Requir-ed Permits for Signa[SECTION TO BE DELETED, REPLACED WITH PERMIT
REQUIREMENT STATED IN 30-63.A.1]
0-4 7 30 6.15 Signs Exempt
The following types of signs shall be exempt from the provisions of these regulations:
a. Reirutntoi Sibi. Any sign erected and maintained pursuant to and in discharge of any
governmental _function or required by any law, ordinance or governmental regulation.
b. Bench signs ymhen located at designated public transit bus stops.
c. Signs being manufactured, transported and/or stored within the City limits; provided,
unnecessary]
d. Commemorative plaques, zziszalledandmanfajned by governmnt agenc or of
recognized historical societies and organizations
e. Religious symbols, legal holiday decorations and identification
emblems of religious sects, orders or historical societies.
f. Signs located within malls, courts, arcades, porches, patios, and similar areas where such
. [redundant with "interior
- z
signs"]
g. Signs designating the premises for sale, rent or lease; provided, however, that any such sign
[conflicts with "real
•""
estate signs" regulations under temporary signs]
[unnecessary]
j. VehieleSiznS. Signs on licensed commercial vehicles, including trailers; provided, however,
that such vehicles shall not be utilized as parked or stationary outdoor display signs.
k. thiheiD jJifrj Sies. Signs provided by the City for pedestrian identification
of nearby businesses.
.[ "POLITICAL SIGNS" TO. BE CLASSIFIED AS "TEMPORARY SIGNS"]
m. Temporary Signs.[ "TEMPORARY SIGNS" TO BE RELOCATED TO OWN
SUBSECTION, 30-6.8]
n. Address. Street number and street name not exceeding two (2) square feet in area per single
family or duplex unit, and four (4) square feet in area for all other uses.
o. Affiliation Sign. Signs not exceeding one-half (1/2) square foot in area per sign, and six (6) in
number per business.
p. Barber Pole, liataall contain no advertising.
q. MR Flags of any nation 0r political jurisdiction, - : . shall
be exempt provided that the pole height koft#00000.00!roo.olos shall not exceed twenty-
five (25') feet, except upon approval of a design review application which includes
photographs and drawings submitted by the applicant, in order to achieve compatibility of
scale with nearby large buildings and landscaping, and provided that the length of the flag
G.PLANRGZOUpateiS 1.12.doc
Page 15 of 24
shall be no more than one - quarter (1/4) of the height of the pole. Weather flags, nautical flags
and pennants when displayed on boats, in marinas, or on any land area within fifty (50') feet
of water frontage, shall be exempt provided that they shall be primarily viewed from the
water and void of any commercial intent.
r. Gasoline Sign. Pump signs identifying the type and octane rating shall be permanently
affixed to the pump, not to exceed two (2) square feet in size and two (2) in number per
pump for each gasoline type dispensed. Price signs readable from adjacent streets shall be in
accordance with the requirements of the Business and Professional Code of California as to
wording, coloring and size of letters and numerals, and shall not exceed five (5) square feet
in area.
s. Historic Sign. Any signs that have been determined by the Historic Advisory Commission
oard
to have hi t
son merit.
t. T�o�ur• af - [3nerut`ian SZ-r�f tg s splaytng�s ch
inf drift toi
o._.u.. r s .,. afl. o.., 'er.s.a... aI ,valifikaw xs essrho en oc
PAN,
u. Interior Sign. Signs located within the interior of any building, tg arcade, complex or
structure and not visible from any public street, walkway or parking lot.
v. Residential Nameplate. One (1) sign not exceeding two (2) square feet in area per single
family or duplex unit.
w. Crime Prevention Neighborhood Watch Signs. Signs identifying an area participating in a
Police Department approved Neighborhood Watch Program. The allowable number, location
and design of said signs shall be approved on an individual basis by the Planning Director.
Maximum sign area: three (3) square feet; minimum ground clearance: seven (7') feet;
maximum height: nine (9') feet.
x. Signs Designating Drug Free Zones. Signs identifying the City of Alameda as a Drug Free
Zone area. Maximum sign area: three (3) square feet; minimum ground clearance: seven (7')
feet; maximum height: nine (9') feet.
y. Hospital Directional Signs. Off- premises signs directing uses to twenty -four (24) hour
emergency care facilities. The copy of such signs shall consist of "H ", and/or "Hospital ",
and/or an arrow and shall not contain any advertising in the form of the specific facility name
or logo. The allowable numbers, location and height of said signs shall be approved by the
Planning Director and City Engineer. The total sign area in square feet for all signs mounted
on the same pole or other structure at each location shall not exceed three (3') feet in area,
excluding arrow.
z. Non - commercial, Political, Religious or Public Service Signs. Signs containing
noncommercial, political, religious or public service messages provided that these signs are
used exclusively to display such messages and comply with the applicable advertising
structure controls in subsection 6 -3 of chapter VI of this Code.
aa. Menu. wtndo isplay, rovidpd total area ofposted menus does not exceed two
,feet (g an# areas 12" by 24 "J.� Window menu��dtsplays zn excess of 2 square feet shay: be
permctte rrs wtndaw+sig�ns srx jec to . ate mrtntxons on number of signsryand a eac of stgrrs It
press tb d by stab, ec�
.. .. ... _ • _ ! .. _ : - . [SECTION TO BE
DELETED, REPLACED WITH PURPOSE AND INTENT STATEMENTS PROVIDED IN 30 -6.1.a
& b]
G:\PLANMNG1ZOUpdale\signs 1.12.doc
Page 16 of 24
fl
i
OAF' IT
gem`
used ieggiftieatianiott rrttlelan �
thiat pee fies4
b
square feet in area per
parcel or business for all parcels zoned for residential use, and sixteen (16) square feet in all
other zoning districts;
located on private property, with the owner's permission, for a maximum of thirty (30) days
to l remove within two (): da r`s_�after the'event:
c. Garage Sale: On- premises signs and directional off - premises signs, for not more than
three (3) two (2i)days prior to and removed iniffled4ately (1)-4day after the sale.
ep Grand Opening Sign: Signs or banners erected one (1) time only, for a maximum of thirty
(30) consecutive days, and not exceeding fifty (50) square feet in area per sign. l'li ' ratty
openingsrgns s ial state;iusi g letters at least:one (1) :n eh_ n height;' the= date the.ssgn w
1alled
rie f sigh vat not exceeding two s sgrr are feel
nin atecry w irc i' rernnv r na ater ti ran the e'a following the eope li tg date.
�n Ga'n aign Sign np„liri ,): One (1) sign not exceeding four (4)
e.
P`olitiedi flW4i iSd i1: Temporary signs on behalf of candidates for public office
and for or against ballot measures, to re ,novel no later titan htrn clay a !ter
e eteetwn -
am»tliona'�
NW' ,114$1,
io � s xe frvtt age;,
eoroutsci0
glazed a f h na din elevat n that et t or a ;t�ia anr��rn
d 4nut'e for ti rnrintum f ,iinp`conseCative .sr dy (9nj din, i . n,r unYJY}
`a
Bet roar ca»turrt ndow'sign area,prescri etl l subsec
• ��• Rrorn konal h "state, using Defter. at least one (`1) :n h in
lle:gltt,.th date,the s i t lat�i r
Real Estate Sign .Real estate signsmay ate located any zortratg dtsit'act," is ,irnta
SigEtsiytay only be located on private property ' rsttbjeet t :
G:IPLANNING1ZOUpdatn \ signs 1.12.doc
Page 17 of 24
with the owner's permission and
oxeNgoi „tryt f _ g
1. On- premises signs shall be located in accordance with the following:
d,.,,.;
(a) One (1) on- premises sign x' "'
zxper..rnx eat;
PlaNgworgittioN property is available for sale or rent or-otherwise
available. For single family dwellings or duplexes, the sign area shall not
exceed four (4) square feet in area. For multi - family dwellings, commercial, or
industrial uses, the sign area shall not exceed sixteen (16) square feet in area.
(b) In addition, one (1) on- premises sign indicating the property is open for
inspection not exceeding four (4) square feet in area. This sign may not be
placed more than two (2) hours prior to the open house and must be removed
within two (2) hours after the open house.
(c) In addition, up to three (3) on- premises sign riders indicating information such
as the agent's name and phone numbers, home warranties offered, or
instructions on viewing the property. Each rider shall not exceed one (1) square
foot.
3. Off - premises signs are limited to a maximum of six (6) per open house, not exceeding
four (4) square feet in area per sign. Signs may not be placed on public property except
for medians of public roads and sidewalks. Signs may not be placed on medians or
sidewalks in a manner which obstructs pedestrian or vehicular traffic, or lines of sight.
These signs may not be placed more than two (2) hours prior to the open house and
must be removed within two (2) hours after the open_house.
h. Seasonal Decorations Seasonal decorationsnre permitter , provid'ang that they
are ibv r?a When not erected for more than Wit-.) j days
prior to, and removed not more than thirty (30) seven (7} days after a holiday.
Seasonal Sales Signs. Signs to identa,.j'. a seasonal business may be erected for a
maximum of thirty (30) consecutive days. Wall, fence, free - standing signs and banners
shall not exceed twenty -five (25) square feet in total area.
. The
same signs cannot be reused for sixty (60) consecutive days. Dilapidated signs cannot be
reused. Permission shall be obtained from the City-Manager
Planning and S`uldug
_iigvo unless exempt under subsection 6 -3.7
'Special Event Signs. Signs or banners with a holiday message identifying a civic or
public event or holiday, and erected in any zoning district on private pro perty with the
owner's permission for not more than thirty (30) consecutive days ........__..'re,., ...,.d,
rt3' ( ) y �n� �x�e r Pto � .
within ivvu 42j d �y fo ig the en . Permission shall be obtained from the
recur City-Manager unless exempt under Section 6-3.6. B` nh :to
ecaa eventswma a Z'ocated within vehicidar rights - f way, ¢sub , ct 10 the
anager ectricity, Binidin
axt ent r'c ula�tiotzs. eat forma State
fir
and Building.)
promote such sp
appr04l
pnspectio *no:
�e nece sary far banners within the vehicular
k. Spccial Promotional Evcnt.Banncr. Banners located within vehicular rights of way.
GAPLANNING\ZOUpdate\ igra 1.12.doc
Page 18 of 24
,„,„,„ts:°P 30 6.5 Prohibited Signs
[30 -6.9 Regulation of Off - Premises Outdoor Advertising Signs, relocated to 30 -6.13]
a. Obscene or Offensive to Morals. Signs containing statements, words, or pictures of an
obscene, indecent or immoral character which appeal to the prurient interest in sex, or which
are patently offensive and do not have serious literary, artistic, political or scientific value are
prohibited.
b. Hazards to Traffic. Other than when used for traffic direction, signs which contain or are an
imitation of official traffic signs or signals are prohibited. No sign shall be erected in such a
manner that its size, location, content, colors, or illumination will interfere with, obstruct,
confuse or mislead traffic.
c. Hazards to Exits. No sign shall be erected in such a manner that any portion of the sign or its
support is attached to, or will interfere with, the free use of any fire escape, exit, or standpipe.
No sign shall be erected which will obstruct any required stairway, door, ventilator or
window.
d. Roof Locations. Signs erected upon or extending above any part of a roof or false roof
structure are prohibited.
e. Motion Devices. Signs utilizing flashing lights, changing of color intensity, or mechanical
moving parts are prohibited 'ROI j `-la l mo%m s "'ns xce lions: Time and tem craturo
dev�sesi h 10
f. Ede x cse e ss Ain r ecall�. bSyi, gns e , l ha v nod u t tiat ng ai: nUg s ae Permmit, an n
a ed s g s u
'st s barber poles
ein l e Pceesna s �f
of fifty (50) square feet.
g. Windblown Devices. Except for exempt flags and banners, use of windblown or inflatable
devices of any type is prohibited, including the production of smoke, bubbles, sound, or other
substances.
h. Portable Freestanding Sign. Portable freestanding signs are prohibited except for temporary
service station and real estate signs on medians of public roads and sidewalks. Such
temporary service station and real estate signs may not be placed on medians or sidewalks in
a manner which obstructs pedestrian or vehicular traffic, or lines of sight.
i. Signs on Vehicles. No vehicle may be used as a platform or substitute for a billboard or any
other type of sign, whether on private property or within a public right -of -way.
j. Natural Despoliation. Signs cut, burnt, limed, painted or otherwise marked on a rock, tree or
field are prohibited.
k. In Storage. Signs shall not be located on a premises so as to be visible from off of the site
prior to erection or while in storage.
1. Dilapidated Signs, ex istQric � gns
m. Abandoned Signs, -exce sto signs,
n. Miscellaneous Signs and Posters. The posting or painting of signs not otherwise defined or
permitted in this article. (Ord. No. 535 N.S. §11 -14B5; Ord. No. 1277 N.S.; Ord. No. 2028
N.S.; Ord. No. 2362 N.S.; Ord. No. 2617 N.S. §3)
3P-640 30 6.5 Abatement of Nonconforming On- Premises Signs
[30-6.10 "Off Premises Directional Signs ", relocated to 30 -6.14]
Any on- premises sign which does not conform to the regulations of this section shall be removed
by the owner or possessor thereof within the period of time prescribed herein and tb; s rfac ''on
G:IPLANNING1Z0Update\signs 1.12.doc
Page 19 of 24
' .. .r.i rr' 41:r�:a ::. is "iii ':. _: �....
wh>r hrtlie srgnas inou '()rat!. al&e sh 1 t d
.: ,, ,i �.� a 1 a c e paintedr aid
Pi_ x eniov`e IaIl evi s
a. Signs with the following prohibited characteristics shall be abated immediately:
1. Obscene or offensive to morals.
2. Hazard to traffic.
3. Hazard to exits.
4. Vehicular sign.
5. Portable advertising signs.
b. The following prohibited signs shall be abated within ninety (90) tli'rty(30) days:
1. Motion devices.
2. In storage signs.
3. Wind blown devices.
4. Abandoned signs.
(a) Temporary Continuation of abandoned sign: The owner ;er fut r 'user of an
abandoned sign who desires to make subsequent use of the sign ts01' or structural
support shall, within ninety (90) kh (30) days of the abandonment, give written
notification to the Planning &Building Director, :and if ?aFproved t)[t
aseriepal�red
C.
& Budder Director resO a use c f he abandoned sign wii
annin '+ 13ui d ng lllar t � 'aPP
g' ee px y Koval In the case o
written notification sh ll beg e n ithin_one hung
'andonmenta d the structure' reused wit'
sue
tire,
date:
5. Dilapidated signs.
ate,
Y manning ._..
arty (30) r ays of
;n structure,
y (180)�da-v
sof
m One (Y) earzof such
6. Damaged Sign. Damaged to the extent of fifty (50 %) percent of its current replacement
value.
All other nonconforming on- premises signs shall be abated either after the expiration of the
useful life of the sign(s) for Federal income tax purposes or after a period equal to the
number of years obtained by dividing the total cost of the sign(s) when installed by five
hundred (500), whichever comes first, provided however, that no less than three (3) years
from the effective date of this section* shall be allowed for amortization (Ord. No. 535 N.S.
§11 -14 ]311.5; Ord. No. 1277 N.S.; Ord. No. 2028 N.S.)
* Editor's Note: As added by Ordinance No. 2028 N.S. effective January 2, 1981.
30 6.11 Abatement of Nonconforming Signs[SECTION TO BE DELETED, AS AN UNNECESSARY
INTRO TO FORMERLY CONSECUTIVE SUB - SECTIONS 30 -6.12; "ABATEMENT SCHEDULE
FOR OFF - PREMISES SIGNS" AND 30 -6.13 "ABATEMENT OF NONCONFORMING ON-
PREMISES SIGNS]
30 :
( 30 6.11 Removal of Nonconforming Signs
Any sign that is in noncompliance with the regulations of this section shall be removed prior to
or upon the date designated for removal in the above abatement schedule. If the owner of, or the
person or persons responsible for, the sign fails to remove the nonconforming sign, the owner of
the premises upon which the sign is located shall be responsible for the removal of the sign and
the work shall be done within ninety (90) days following the date of non - conformance. The
procedure for the removal of all nonconforming signs shall be as follows:
G:TLANNING1ZOUpdateNsigns 1.12.doc
Page 20 of 24
a. The Planning & Building Director, or his/her designated representative, may cause the
removal of any nonconforming sign and supporting structure and shall charge the costs
incurred against any of the following, each of whom shall be jointly and severally liable for
said charges; provided, however, that any decision or determination of the Planning &
Building Director may be appealed in accordance with the general provisions as set forth in
paragraph c.:
1. The permittee;
2. The owner of the sign;
3. The owner of the premises on which the sign is located;
4. The occupant of the premises on which the sign is located;
b. A sign and supporting structure removed by the City shall be held not less than thirty (30)
days by the City, during which time it may be recovered by the owner upon payment to the
City for costs of removal and storage. If not recovered prior to expiration of the thirty (30)
day period, the sign and supporting structures shall be declared abandoned and title thereto
shall vest in the City and the cost of removal shall be billed to the owner.
c. A person appealing the decision of the Planning & Building Director shall file a notice of
appeal with the Secretary of the Planning Board within fifteen (15) days of the decision. The
Planning Board shall hear the appeal. The decision of the Planning & Building Director shall
be affirmed unless the appellant establishes that the sign(s) has not yet become
nonconforming pursuant to subsection 30 -6.12 5.
d. Nothing in this subsection shall be construed to relieve the owner of the sign or the premises
on which the sign is located, the permittee or the occupant of the premises on which the sign
is located from the duty of removing sign(s) at the time required by this section.
e. Removal by the Planning & Building Director, iiilitai*fiiiitingt:00.0001400 is
alternate procedure and nothing in this subsection shall be construed as a limitation on the
authority of the City to abate nonconforming uses under this section as a nuisance pursuant to
Section 1 -5 of this Code. All nonconforming signs are declared hereunder, as well as under
Section 1 -5, a public nuisance. (Ord. No. 535 N.S. §11- 14B12; Ord. No. 1277 N.S.; Ord. No.
1683 N.S.; Ord. No. 1857 N.S.)
=xb 30 6.18 Special Requirements for kuta tkaterships rev the Auto Row
[30 -6.12 "Abatement Schedule for Off - Premises Signs ", relocated to 30 -6.15]
All other sign regulations shall apply to auto dealerships within automobile row signs except as
provided in this subsection:
a. Number of Signs Allowed.
1. The maximum number of on- premises signs shall be six (6) per auto dealership
business, exclusive of directional signs, and a maximum of three (3) signs per building
side. Signs may be posted on the street facade of a building or a building facade facing a
parking lot, provided that the lot is used by the same dealerslitg
2. An exterior display wall shall be considered a building frontage for purposes of sign
placement. All exterior display walls shall be subject to design review.
3. The signs may be multiple -faced and in any combination except that a business may not
have:
(a) More than one (1) freestanding sign per lot;
(b) More than one (1) projecting sign per business auto delexsug;
GAPLANNING\ZOUpdate \ signs 1.12.doc
Page 21 of 24
(c) A combination of one (1) projectin sign andone (1) freestanding sign.
4. Directional Signs. Each business a"% deilership may have a maximum of three (3)
vehicle oriented safety and directional signs solely for the purpose of guiding traffic,
parking, and loading or private parking inside the property, and not bearing advertising
materials or business identification. Maximum sign area shall be four (4) square feet.
Maximum height for freestanding signs shall be four (4) feet. Additional directional signs
may be permitted by design review, based on a finding of necessity. Directional signs
shall not be included in the computation of total number of signs nor total signage
allowed.
b. Sign Area Allowed.
tThe maximum total sign area shall be determined by measuring the building frontage of
the business Wliii44100W
(a) The total allowable sign area for an *C40410shifi a business shall be one (1)
square foot of sign area per linear foot of building frontage, with a minimum of
twenty-five (25) square feet and a maximum of two hundred (200) square feet.
(b) A component or department of an automobile dealership, such as service and repair,
which is on a separate parcel from the dealership shall be considered a separate
business but shall comply with all sign regulations of Section 30-6, and the additional
provisions of subsection 30-601 shall not apply.
(c) The maximum area for any sign shall be one hundred fifty (150) square feet.
c. Window Signs.
1. Signs shall not occupy more than twenty-five (25%) percent of the window area, except
that a larger percentage may be covered in conjunction with a special event for a
maximum of four (4) periods per calendar year, but in no case is the time period to
exceed twenty (20) days per year, subject to approval of the Planning
Director, upon submission of a written request. Time periods during which such larger
window displays are allowed shall be included in the total time for special events as
specified under point (e)(1) below.
d. Freestanding Signs.
1. The maximum height of freestanding identification signs shall be twelve (12') feet.
2. Freestanding signs are not subject to the seventy-five (75) foot separation requirement set
out in subsection 30-6.4(f)2 but shall be placed to assure no view blockage of existing
signs.
e. Special Events Decorations.
1. Special events decorations, including banners, and flags, except balloons, pennants and
streamers, may be permitted in conjunction with a special event for a maximum of four
(4) periods per calendar year, but in no not case is the time period to exceed twenty (20)
days per year, subject to approval of the Planning 44iniiiiiing Director, upon submission
of a written request. Time periods during which window displays covering more than
twenty-five (25%) percent of the window area are allowed, as specified under point (c)(1)
above, shall be included in the total time for special events.
2. Balloons, pennants and streamers may not be used at any time. (Ord. No. 2718 N.S. §2)
30;03
e- - •
OffPreinisegrSiviff-
[30-6.13 "Abatement of Nonconforming On-Premises Signs", relocated to 304.0]
GAPLANNING\ZOUpdate\oigns 1.12.doc
Page 22 of 24
Off - premises outdoor advertising signs, where permitted, shall not:
a. Exceed fifty (50) square feet.
b. Be located on the roof of a building.
c. Be located within:
1. One thousand (1,000') feet of another off - premises outdoor advertising sign which does
not conform to the provisions of paragraph a. where both of the signs do not conform to
the provisions of paragraph a. or
2. One hundred (100') feet of another off - premises outdoor advertising sign where one or
both of the signs conform to the provisions of paragraph a.
d. Excepting off - premises directional signs, be visible from a building or lot in a residential
district.
e. Excepting off - premises directional signs, be visible within one thousand (1,000') feet of any
bridge, tunnel, dock or boat ramp.
f. Be located so that a motorist would view the sign as adjacent to or behind a traffic signal or
sign from a distance of one hundred (100') feet or less from the nearest curbline of the cross
street at the intersection controlled by the traffic signal.
g. Excepting off - premises directional signs, be located on a route designated on the General
Plan as a scenic route.
h. Excepting off - premises directional signs, be located on or adjacent to a parcel of land
containing a structure listed on the historical building study List.
i. Be located in residential or C -1 Districts. (Ord. No. 535 N.S. §11 -14B9; Ord. No. 1277; Ord.
No. 1858 N.S.; Ord. No. 1881 N.S.; Ord. No. 1962 N.S.; Ord. No. 2362 N.S.)
0444 30 6.10 :Offer:' is s Dtrecttona tens
[30 -6.14 "Removal of Nonconforming Signs ", relocated to 3076.1,1]
Off premises directional signs require use permit approval pursuant to subsection 30 -21.3. (Ord.
No. 2362 N.S.)
30415 30 6712 Abatement Schedule for Off Premises Signs OffPremrses:Siwns batem nt
Seh'edile
[30 -6.15 "Signs Exempt', relocated to 3(1,;,0 "8]
Any off - premises sign which does not conform to the regulations of this section shall be
removed by the owner or possessor thereof at the earliest of the following occurrences:
a. The expiration of the useful life of the sign or signs for federal income tax purposes.
b. The recovery of the owner's investment, including cost of installation, as measured by the
sum of the net income earned. Net income earned shall mean gross revenues earned less
expenses of operation and administration and a provision for ten (10 %) percent return on
invested capital.
c. The passage of fifteen (15) years from the date of completion or acquisition of the sign; or
d. The passage of five (5) years from February 16, 1973 (the effective date of Ordinance No.
1683); or
e. One (1) year shall be added to the applicable paragraph a. through d. to compensate the
owner for the cost of removal. (Ord. No. 535 N.S. §11- 14B11; Ord. No. 1277 N.S.; Ord. No.
1733 N.S.; Ord. No. 1846 N.S.; Ord. No. 1857 N.S.; Ord. No. 2028 N.S.)
G.\PLANNING\ZOUpdete signs 1.12.doc
Page 23 of 24
30 -6.16 Conflicts with other Provisions
a. Where there is a conflict between the regulations of this section and the regulations of any
other section of this Code, the regulations of this section shall prevail; provided, however,
that the regulations of other sections shall prevail in the following cases:
b. Where the regulations of any other section are more restrictive.
c. Where a Planned Development District has been established in accordance with the
procedure set forth in subsection 30 -4.13 paragraphs a. through n. of this Code, provided that
any such Planned Development District regulations shall include comprehensive sign
regulations encompassing the entire Planned Development District area.
d. Nothing contained in Section 6 -3 of this Code, shall be construed to authorize or permit any
sign prohibited or regulated by this section. (Ord. No. 1683 N.S.)
30 6.17 [ "Special Requirements for Auto 1 ealetships_with In Auto Row" , relocated to 30 -6 -12]
30 6.18 [ "Variances ", relocated to 30 -6 -5]
[END — 5.23.2002]
G:V'LANNING\ZOUpdatelsigns 1.12.doc
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9 -B. ZA04- 0001 — Zoning Ordinance Text Amendment /City -wide. Review and
revision of Section 30 -6 of the Alameda Municipal Code (AMC), Sign
Regulations (JS /JA). The purpose of this amendment is to clarify current
regulations and establish internal consistency with various sections of the AMC
with the primary focus on regulations pertaining to Window Signs.
Mr. Cormack summarized the staff report.
The public hearing was opened.
Mr. Robb Ratto, Executive Director, PSBA, noted that they wanted the district to look as
attractive as possible during the revitalization process. PSBA did not want businesses
jamming their windows with posters obscuring the business, and which made the
storefronts look junky. He expressed concern about the proliferation of grand opening
signs, and the length of time that they are left up. He believed this ordinance would put
an end to that practice. He noted that PSBA and WABA were in agreement that a grand
opening would last 30 days, and that a permit would be necessary for that signage to
remain up. He supported the Planning Board's recommendation to the City Council to
enact this ordinance.
Ms. Sherry Stieg, WABA, supported the proposed ordinance, and noted that it was the
result of a lengthy collaboration between PSBA, WABA and the Planning & Building
Department.
The public hearing was closed for Board discussion.
In response to an inquiry by Mr. Piziali regarding enforcement, Mr. Cormack confirmed
that the Code Enforcement Division would be responsible. There was currently one full -
time Code Enforcement officer, and a planner working part-time in that capacity. He
noted that the Planning and Building Department made a commitment to PSBA and
WABA for increased enforcement along Park Street and Webster Street and the revised
ordinance would assist with that effort.
Mr. Piziali believed that the merchants would police themselves.
In response to an inquiry by Ms. McNamara regarding window signs, Mr. Cormack
replied that a business would be in conformance provided no more than 25% of the
window was covered by signage. The content would not be examined. He noted that
many windows had more than 25% coverage, and that the merchants in violation would
first receive a letter, and then the fine system would go into practice. He anticipated that
some businesses would not be happy with the new ordinance, however, with the
assistance of PSBA and WABA compliance could be achieved.
In response to an inquiry by President Cunningham, Ms. Altschuler, replied that the fee
for a sign permit was upward of $200. She noted that it was necessary to put language in
place to address some of the proliferation of the temporary window signs. She noted this
Planning Board Minutes
January 10, 2005
Page 12
Attachment #2
would not be the last request for an amendment to the sign ordinance. Over time, staff
hoped to identify the worst offenders in terms of the sign type and the number of signs,
and to start working on the issues (e.g., grand opening banner signs).
Vice President Cook supported the incremental nature of this effort, and inquired about
the large amount of signage and product display in small grocery stores throughout the
City. Ms. Altschuler replied that grocers often stack products in the store windows, which
prevented visual access. Staff chose to address that issue in a limited way in this
particular ordinance change, and that there was a short discussion of window displays.
She noted that the opinions were so diverse that it would not have enabled progress of
this action which is focused on window signage.
Mr. Cormack added that most code enforcement in the City is generated on a complaint
basis. While this ordinance will apply city -wide, the privacy emphasis for enforcement
has been generated by PSBA and WABA.
In response to Ms. Kohlstrand's question regarding leaving seasonal decorations up for a
length of time, Ms. Altschuler noted that it would only be for commercial uses, and
would ensure that distinction was clear.
M/S Piziali /Cook and unanimous to recommend to the City Council adoption of the
revised Sign Regulations with a clarification of current regulations and the establishment
of internal consistency with various sections of the AMC with the primary focus on
regulations pertaining to Window Signs.
AYES -7; NOES — O; ABSTAIN —0
Planning Board Minutes Page 13
January 10, 2005
CITY OF ALAMEDA ORDINANCE NO.
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
SECTION 30 -2 (DEFINITIONS) OF ARTICLE I (ZONING DISTRICTS AND
REGULATIONS) OF CHAPTER XXX (DEVELOPMENT REGULATIONS)
BY ADDING A NEW DEFINITION (SIGNS); REPEALING SECTION 30 -6
(SIGN REGULATIONS) IN ITS ENTIRETY AND ADDING A NEW
SECTION 30 -6 (SIGN REGULATIONS) TO CHAPTER XXX
(DEVELOPMENT REGULATIONS)
BE IT ORDAINED by the City Council of the City of Alameda that:
Section 1. The Alameda Municipal Code is hereby amended by adding a new
definition "Signs" to Section 30 -2 (Definitions) of Article I, Zoning Districts and Regulations) of
Chapter XXX (Development Regulations) to read as follows:
0
30 -2 DEFINITIONS
cr
a
co 0 Sign shall mean any object, device, display, or structure, or part thereof, situated either
ca outdoors, or indoors in such a manner as to be primarily viewed from the outside, which is used
< to advertise, identify, display, direct, or attract attention to a business, organization, institution,
r service, event, object, product or location by any means including words, letters, figures, design,
I- symbols, fixtures, colors, illumination, or projected images. The term "sign" shall include any
structure which is erected or used for sign purposes, upon which the sign is placed including sign
statuary, or which was once used for signage.
Section 2. The Alameda Municipal Code is hereby amended by repealing Section 30-
6 (Sign Regulations) of Chapter XXX (Development Regulations) in its entirety.
Section 3. The Alameda Municipal Code is hereby amended by adding a new Section
30 -6 (Sign Regulations) to Chapter XXX (Development Regulations) to read as follows:
30 -6 SIGN REGULATIONS
30 -6.1 In General; On- Premises and Off - Premises Signs.
a. General Regulation. Signs as defined in Section 30 -2, are further defined in
subsection 30 -6.2, and are permitted in all zoning districts, but shall be designed, erected,
altered, moved, removed, or maintained in whole or in part in accordance with the
regulations prescribed in this Section.
b. Permit Required. A Sign Permit shall be obtained as provided in Section 30-
37.2(b)(5) of the Alameda Municipal Code and a Building Permit shall be obtained as
provided in Sections 6.3 and 13 -1 of the Alameda Municipal Code.
c. Purpose. The purpose of this Section is to provide standards to safeguard life, health,
property and public welfare by regulating and controlling the design, quality of materials,
Introduction of Ordinance #5 -D
3 -15 -05
location, installation and maintenance of all forms of outdoor advertising, as defined in
Section 30 -2. The City finds that signs are important to the economic life and welfare of
the City. However, when placed in an improper manner or used to an excessive extent,
signs may be detrimental to the public safety and welfare. The public interest,
conservation of property values, encouragement of orderly city development, aesthetic
values and protection of the public health, safety and welfare therefore require that the
use of signs be regulated.
d. Intent. The objectives of the regulations in this Section are to:
1. Enhance the appearance and economic value of the community by regulating the
quantity, size, type, location, design and maintenance of signs;
2. Encourage signs which are compatible with adjacent land uses;
3. Encourage a high quality design with a minimum of clutter;
4. Encourage signs which are well designed and pleasing in appearance;
5. Provide a reasonable and constitutional system of sign control;
6. Conveniently direct persons to various activities and enterprises in the city;
7. Reduce traffic and safety hazards through proper location and design of signs; and
8. Prevent uncontrolled sign competition which is costly to business and visually
unattractive to the community.
30 -6.2 Definitions
As used in this section:
Abandoned sign shall mean a sign, or part of a sign, or any structure that does or once had
supported a sign, which has not, for a period over 30 days, displayed the identity of a business,
lessor, owner, product, service or activity on the premises where the sign and/or structure is
located.
Affiliation sign shall mean any sign whose sole purpose is to identify membership in an
association of businesses, such as credit card companies, association membership, trading
stamps.
Auto Dealership shall mean an establishment whose principal activity is the sale of new or
used motor vehicles.
Auto row shall mean the parcels fronting on both sides of Park Street between the Park Street
Bridge on the north and the north side of Lincoln Avenue on the south, including adjacent
parcels contiguous to ones with frontage on Park Street under ownership or lease to auto dealers,
and including adjacent portions of Blanding Avenue, Buena Vista Avenue, Pacific Avenue,
Tilden Way and Lincoln Avenue which abut parcels under ownership or lease to auto dealers.
Awning shall mean a hood or cover which projects from a wall of a building, which is
primarily intended to provide shade and shelter, and which is typically made of canvas or
aluminum or similar materials, and may be fixed in place or retractable.
Balloon shall mean an inflated is filled with hot air or a gas lighter than air.
Banner shall mean a sign not made of rigid material either enclosed or not enclosed in a rigid
frame, which is temporarily mounted or attached to either poles, trees or buildings, and may be
placed as to allow movement of the sign by the wind.
Borderless sign shall mean a sign composed of parts of a message without a single border
enclosing any of the parts.
Building frontage shall mean the portion of an exterior building wall which faces a public
street, walkway or parking lot. When separated by interior walls, more than one (1) kind of
business may be considered a separate place of business although operated within the same
building by the same owner.
Bulletin Board sign shall mean a sign used to display announcements relative to a public,
charitable, religious or fraternal institution.
Business shall mean an organization involved in the provision of goods or services, including
transitory residential uses such as motels and hotels but excluding multiple residential uses.
Business complex shall mean five (5) or more businesses located on one (1) or more parcels
of land sharing common pedestrian or vehicular access or parking facilities.
Business park shall mean industrial or commercial development in all industrial,
manufacturing zones designated in part by the letter M, which contain at least five (5) different
businesses with a combined gross floor area of at least fifty thousand (50,000) square feet.
Commemorative plaques shall mean memorial signs and tablets, building name and erection
date, symbols and similar emblems that are a permanent design element of a building or other
structure.
Construction sign shall mean a sign which identifies the persons, firms or businesses directly
connected with a construction project.
Dilapidated sign shall mean a sign that is no longer in a good state of repair, and is not
visually attractive and functional, or has become a health or safety hazard.
Directional sign shall mean an on -site sign which is designed and erected solely for the
purposes of directing vehicular and pedestrian traffic within a project. Such a sign shall contain
no advertising copy.
District shall mean any zoning district designated in the zoning regulations of the City.
Directory sign shall mean an identification sign listing the tenants of a building, complex or
multi -tenant space. Directory signs shall not include any logos or advertising.
Double-faced sign shall mean a sign constructed to display its message on the outer surfaces
of two (2) identical and/or opposite parallel planes.
Exterior display wall shall mean a colonnade or a wall with openings designed as an
architectural feature at the front edge of an automobile dealership's display lot, designed to
provide continuity with adjacent buildings and to improve appearance at the sidewalk.
Externally illuminated shall mean illumination by a light source located outside of and not
attached to the surface of the sign. Illuminated tubing and strings of lights outlining portions of
buildings shall be considered externally illuminated signs.
Erected shall mean attached, altered, built, constructed, reconstructed, enclosed or moved,
and shall include the painting of wall signs.
Face of sign shall mean the entire surface of a sign upon which copy can be placed.
Flag shall mean any fabric, banner, or bunting containing distinctive colors, patterns, or
symbols, used as a symbol.
Flashing sign shall mean any sign which is perceived as an intermittent or flashing light.
Fraternal organization shall mean a group of people associated or formally organized for a
common purpose, interest or pleasure, which shall include lodges, social halls, and union halls.
Freestanding sign shall mean a sign fixed in an upright position on the ground not attached to
a building or any structure other than a framework or device, erected primarily to support the
sign.
Fundraising event sign shall mean a temporary sign announcing a fundraising drive or event
of a civic, philanthropic, educational or religious organization. Political campaign signs are not
included under this category.
Garage sale sign shall mean a sign with a message advertising the resale of personal property
that has been used by the resident.
Governmental buildings. For the purpose of this article, shall mean and include: City,
County, State and Federal buildings.
Grand opening sign shall mean a temporary sign or banner erected one (1) time only for a
limited period of time to announce the opening of a new business.
Height shall mean the vertical distance from the uppermost point used in measuring the area
of a sign to the ground immediately below such point or the level of the upper surface of the
nearest curb of the street upon which the sign fronts, whichever measurement is the greatest.
Historic sign shall mean any signs that have been determined by the Historic Advisory Board
to have historic merit.
Identification sign shall mean a sign which serves to tell only the name, address, business
and/or profession of the occupant, or use of the building upon which the sign is located, and
which may include an emblem, insignia or logo.
Illegal sign shall mean a sign erected in violation of the laws in effect at that time, and not in
conformance with the regulations of the Alameda Municipal Code at the time of adoption of this
article.
Informational sign shall mean any sign which is designed and erected solely for the purpose
of communicating information for the safety or convenience of the public, such as telephone,
danger, rest rooms.
Institutional uses shall mean uses such as schools, churches, fraternal organizations,
community, governmental, and public recreational facilities, hospitals and convalescent homes.
Internally illuminated shall mean a sign whose light source is located in the interior of the
sign so that the rays go through the face of the sign.
Light source shall mean a bulb or tube from which light is emitted when it is activated,
including but not limited to incandescent filament bulb, electric discharge bulb, neon tube, and
fluorescent tube.
Marquee shall mean a permanent structure extending over the entrance to a building,
attached to and supported by the building or freestanding and self supporting.
Menu reader board shall mean any sign intended to provide information to patrons while
using a drive- through facility.
Menu, window sample shall mean a copy of a restaurant's regular tableside or take out
menu(s), placed in the window for the intent of allowing pedestrians to view such information as
the restaurant's food items, hours of availability and prices.
Moving sign shall mean a sign which has any actual or apparent moving parts, activated in
any way by mechanical or electrical devices or by wind currents. Signs which change or appear
to change color or intensity of lighting shall be included.
Multiple faced sign shall mean a sign constructed to display its message on a curbed surface
or on two (2) or more planar surfaces.
Nonconforming sign shall mean any advertising structure or sign which was lawfully erected
and maintained prior to the adoption of this article, and which has subsequently come under the
requirements of this article, with which it does not completely comply.
Nonilluminated shall mean neither directly nor indirectly lighted and containing no material
that is made for the purpose of being reflective or fluorescent.
Official sign shall mean a sign or signs required by governmental body to discharge its
legally required function.
Off - premises directional sign shall mean a sign identifying a publicly owned facility,
emergency facility, tenants within a business park, temporary subdivision signs, which are no
greater than thirty (30) square feet in area. Such facilities and business parks may have no more
than two off - premises directional signs. Real estate signs are not included in this definition.
Off - premises sign shall mean any sign identifying a use, facility, service or product which is
not located, sold, or manufactured on the same premises as the sign or which identifies a use,
service or product by a brand name which, although sold or manufactured on the premises, does
not constitute the principal item for sale or manufactured on the premises.
On premises sign shall mean any sign identifying a use, facility, service or product which is
located, sold, or manufactured on the same premises as the sign.
Parking lot shall mean an area of land which is accessible and usable for the off - street
parking of motor vehicles, except for land designated for product display by new and used
automobile dealers.
Pennant shall mean a long, narrow, usually triangular flag.
Permanent sign shall mean any sign for which a sign permit is issued with no time limit in
accordance with the provisions of this article. Any mention of signs in this Article shall be
considered to mean permanent signs unless there is a specified time limit or reference to
temporary (e.g., promotional) signs.
Political campaign sign shall mean a sign designed for the purpose of advertising support of
or opposition to a candidate or proposition for a public election.
Portable freestanding sign shall mean a sign that is designed to be movable and is not
structurally attached to the ground, a building, structure, or any other sign. Included are signs
built in the configuration of an "A" or an "I" frame, and signs mounted on rollers or slides.
Privilege sign shall mean a standardized sign supplied at nominal cost or free to a retailer
where a portion of the sign face identifies the products of a regional or national distributor or
manufacturer available only incidentally on the premises, and a portion of the sign identifies the
local retailer. Signs identifying the primary commodity, service or activity available on the
premises, such as signs for auto dealerships, gasoline stations and chain stores and businesses,
shall not be included in this category.
Promotional sign shall mean any temporary sign or device (other than permanent signs used
to identify the business' or organization's name) used for advertising, examples of which include
but is not limited to the promotion of limited time offers of gifts, products or sale prices.
Projecting sign shall mean any sign which is suspended from or supported by a building or
wall and which projects outward therefrom. Signs suspended under a porch or permanent
walkway covering shall be included.
Real estate sign shall mean a type of temporary sign indicating that a property or any portion
thereof is open for inspection, for sale, for rent, or otherwise available or directing people to such
a property. Temporary subdivision signs are not included under this definition.
Recreational facilities for the purposes of this article, shall mean and include public parks,
and facilities for physical recreation such as golf, tennis, swimming and boating.
Reflective sign shall mean a sign which is not electrically illuminated, but which responds to
light, such as from passing auto headlights by shining or glowing.
Roof sign shall mean any sign erected upon or above the roof or parapet of any building,
including any porch, marquee, walkway covering, or similar roof like structure.
Seasonal decorations shall mean temporarily erected greetings, ornamentation and displays
that relate to an established and recognized holiday, such as July 4 or Christmas, which contain
no advertising.
Seasonal sales sign shall mean a temporary sign or banner erected for a limited period of
time to identify a seasonal business such as Christmas tree lots.
Sign structure shall mean any device whose primary function is to support a sign.
Single faced sign shall mean a sign constructed so that its message is displayed on a single
plane, and is viewable from only one (1) side of the plane.
Streamer shall mean any, ribbon -like flag or banner that relies on wind motion to attract
attention.
Subdivision sign shall mean a sign containing the name, location, or directions to a builder,
developer, and pertinent information about a subdivision for which there is a properly approved
and recorded map, and in which homes or units in a building remain to be constructed,
completed or initially sold.
Temporary sign shall mean any sign or advertising display, including all forms of
"promotional signs" as defined by this Section, which is typically but not necessarily either made
of paper, poster board, cardboard, cloth, canvas, fabric, plywood or other light materials, or
painted directly onto windows, and is designed or intended to be displayed for a short period of
time.
Vehicular sign shall mean a vehicle which has a sign mounted or painted thereon which is
used primarily as the sign structure and not as a vehicle.
Wall sign shall mean any outward- facing sign affixed to a building or fence, at no point
projecting more than six (6 ") inches horizontally from the surface upon which it is attached.
Window display shall mean any collection of merchandise or artifacts, arranged in a 3-
dimensional display behind a window, typically intended to provide pedestrians with a visual
display of the items available for sale. The term "window display" excludes `window sign" as
defined by this Section, but may include incidental price labels on the items being displayed.
Window sign shall mean any sign: (a) painted on, affixed to, or placed adjacent to, a
window, door or opening or located inside within a distance of 3' or less from a window, door or
opening, or any sign located behind a window or door or within an opening; and (b) designed to
be viewed from the outside of the building. The term "window sign" excludes "window display"
as defined by this Section.
30 -6.3 General Requirements on On- Premises Signs
This subsection provides regulations pertaining to all On- Premise signs, and prescribes
the maximum number of permanent on- premises signs and temporary promotional on- premise
signs, and the maximum total area of such signs, that is permitted. The following subsection,
"30 -6.4 Requirements by Sign Type," prescribes additional limitations for the placement and
size of specific types of permanent on- premises signs.(e.g. "awning," "wall," "window" signs)
a. Regulations Pertaining to All On- Premise Signs:
1. Permit Required for All Permanent Signs. In order to assure compliance with the
regulations of this Section, no permanent sign (including signs that do NOT
require building permits) may be installed until a Sign Permit has been issued.
Sign Permit applications shall be filed with the Planning Department, and
reviewed by the Planning Director, or person so designated.
2. Banners May Not Be Used as Permanent Signs. Except where permitted as a
temporary grand opening sign, banners may not be used as a sign to identify a
business. Banners, regardless of mounting, may not be used as a permanent sign.
Signs Not Included in Allowable Maximums. Exempt signs, temporary signs
other than promotional signs, and conforming off - premises signs shall not be
included in the determination of the total allowable number of signs or total
allowable sign area for a site.
3. Maximum Permitted Area of Any One Individual Sign. The maximum area for any
sign shall be fifty (50) square feet unless a smaller area is required by other
regulations prescribed in the Section.
b. Number of Signs Allowed:
1. The maximum number of permanent on- premises signs per first floor use allowed
for each building frontage in any zoning district is two (2), exclusive of directional signs
and window signs.
2. The signs may be multiple -faced and in any combination except that a business or
other use, other than a use with a drive through facility, may not have:
(a) More than one (1) freestanding sign per lot.
(b) More than one (1) projecting sign per use.
(c) A combination of one (1) projecting sign and one (1) freestanding sign.
3. Notwithstanding the above prohibition on more than one(1) freestanding sign,
uses with drive through facilities may be allowed to install a maximum of two (2)
additional freestanding signs, but only to serve as menu reader boards and
primarily viewable only from vehicles in the use's driveway.
4. The allowable number and type of business oriented directional signs shall be
approved on an individual basis by the Planning Director.
5. See Subsection 30 -6.3 c.1.( c ) below for number of signs allowed for non first
floor uses.
c. Sign Area Allowed:
1. Business. The maximum total sign area shall be determined by measuring the
building frontage of the business.
(a) Except as provided in subsection (c) below, the total allowable sign area for a first
floor business with a single building frontage shall be one (1) square foot of sign
area per linear foot of building frontage, with a minimum allowed sign area of up
to twenty -five (25) square feet and a maximum of one hundred (100) square feet.
(b) For a first floor business with more than one (1) building frontage, or which
occupies more than one (1) building, each building frontage shall be considered
separately. The total sign area for any single first floor business shall not exceed
one hundred fifty (150) square feet.
(c) Multiple occupancy building
(1) First floor tenants whose businesses are visible from a public street, walkway
or parking Iot shall be entitled to a sign area based on the amount of building
frontage used by that tenant, with an allowed sign area of up to twenty -five
(25) square feet.
(2) Second story tenants shall be entitled to either: one (1) window identification
sign which shall not occupy more than twenty -five (25 %) percent of the area
of any one window; or one (1) awning sign no larger than five (5) square feet.
(3) Tenants above the first floor level, and tenants whose businesses are not
visible from a public street, shall be entitled to signs as part of a directory
sign, either freestanding or mounted on the building frontage; three (3) square
feet maximum per tenant.
d. Home occupation: No signs shall be allowed.
2. Non - residential Complexes, Shopping Centers, Residential Subdivisions, Mixed -Use
Projects, Historic Districts and other Planned Development Projects:
(a) Individual standards shall be set for each project. Requirements for similar uses
discussed in this article shall serve as guidelines.
(b) All signs, temporary and permanent, shall be approved by the Planning Director
pursuant to a coordinated signing program. The program shall coordinate the
following items:
(1) Location, number, size and mode of display.
(2) Colors, materials and illumination.
(3) Temporary signs: duration of use.
3. Multiple- Residential. The maximum total sign area for multiple - residential
development shall be as follows:
(a) Apartments, condominiums [three to ten (3 -10) units]: Ten (10) square feet.
(b) Apartments, condominiums [above eleven (11) units]: Twenty (20) square feet.
(c) Rooming/Boarding houses: Ten (10) square feet.
(d) Convalescent homes: Fifteen (15) square feet.
(e) Bed and breakfast facilities: Four (4) square feet.
4. Professional Office. The maximum total sign area shall be as set forth in Subsection
30 -6.3 c. 1. above for businesses, plus the following maximum total sign area per
building frontage:
(a) Residential districts: Five (5) square feet.
(b) All other districts: Twenty (20) square feet identification sign, and a directory
sign, three (3) square feet per tenant up to a maximum of thirty-six (36) square
feet.
5. Hospitals. The maximum total sign area shall be one hundred fifty (150) square feet.
6. Religious, Educational, Governmental, Recreational. The maximum total sign area
shall be twenty (20) square feet.
(a) Nursery schools, day care, group care and family care centers: Fifteen (15) square
feet.
7. Charitable, Social, Fraternal, Union. The maximum total sign area shall be fifteen
(15) square feet.
8. Construction Site: One (1) on- premises temporary sign not exceeding thirty-six (36)
square feet in area. Duration shall be limited to the period of construction. (A Use
Permit is required in all residential zoning districts, as regulated under Section 30-
21.3.)
30 -6.4 Requirements by Sign Type
a. Calculation of Sign Area.
1. Single faced signs: The area shall be that within the outer -most border or edge of the
sign.
2. Double-faced signs: The area shall be that within the outermost edge of one (1) face of
the sign:
3. Multiple faced signs and three (3) dimensional shapes: The area shall be the area of their
maximum projection upon a vertical plane.
4. Borderless Signs: The area shall be that within a single polygon drawn with straight lines
and right angle corners to enclose all sign parts.
5. Awning Signs: The area shall be the sum of the sign areas on each plane of the awning.
The area of each sign shall be calculated in the same manner as for borderless signs.
6. Sign- Support Structures: The area of sign- support structures other than posts or brackets,
shall be calculated as sign area only when the appearance of such structures attracts
attention for advertising, instructional or informational purposes.
7. Directional Signs: The area of business oriented directional signs shall be included within
the total allowable sign area for the site.
b. Wall Signs.
1. Signs shall be located only on building frontages which are adjacent to a public street,
walkway or parking lot.
2. Signs shall not at any point project from the surface upon which they are attached more
than required for construction purposes and never more than six (6) inches.
3. Signs shall be placed no closer to either side of an adjacent business wall than a distance
equal to ten (10 %) percent of the length of the wall. Signs placed closer shall be subject
to twenty -five (25 %) percent loss in total allowable sign area.
c. Window Signs.
1. Signs shall be permitted only for windows, doors or openings as set forth in the definition
of "window sign" that are located on the first and second floors of the building frontage.
2. Signs shall be mounted on the inside of or painted on windows, doors or openings as set
forth in the definition of "window sign".
3. No Permanent and/or Temporary window sign shall be larger than ten (10) square feet,
and shall not occupy more than twenty -five (25 %) percent of the area of any one (1)
window. For the purposes of this section window shall mean the area defined by the
framing of the window. Exempt signs, as described in Subsection 30 -6.7, and window
displays as defined by this Section, shall not be considered "window signs" for the
purpose of determining compliance with this sub - section.
d. Projecting Signs.
1. Signs shall be mounted only on the building frontage of a business.
2. Signs shall not be permitted for residential uses.
3. Signs shall be limited to street level for street level uses.
4. The design configuration and location of the sign shall not block the visibility of other
signs on adjoining businesses.
(a) Projection and area:
Business Maximum Maximum
Frontage Projection Sign Area
30 ft. or more 6 ft 25 sq. ft
29 ft. or less 4 ft. 20 sq. ft.
(1) No sign shall project above the eave line of a building, or a sill of a second story
window.
(2) All signs shall have a minimum vertical clearance of eight (8') feet from the
ground to the bottom of the sign or sign structure.
(3) No sign shall project within two (2') feet of a curb line.
(b) Side set in for businesses with building frontage sharing common sidewalks:
(1) Businesses with a building frontage of more than thirty (30') feet, the sign shall
be set in a minimum of fifteen (15') feet from each sidewall.
(2) Businesses with a building frontage of thirty (30') feet or less, the sign shall be
centrally located; adjacent businesses may stack signs along a common side wall
if the signs are of compatible designs and material.
(c) Thickness: The maximum thickness of a projecting sign shall not exceed that required
for construction purposes, and not exceed six (6) inches.
e. Awning Signs.
1. Signs shall be located only on the building frontage of a business.
2. Signs shall be limited to street level and second story occupancies.
3. Signs may be located on more than one (1) plane of an awning and shall be considered as
one (1) sign.
4. The maximum sign area for an awning sign shall be thirty -six (36) square feet.
5. The design configuration and location of the awning shall not block the visibility of other
signs on adjoining businesses as seen by passersby on the street.
f. Freestanding Signs.
1. Signs shall not be permitted in areas zoned for residential use, except for institutional
uses.
2. There shall be a minimum of seventy -five (75') feet between any two (2) freestanding
signs. The purpose of this provision is to avoid one (1) freestanding sign blocking the
visibility of another sign on an adjoining site.
3. The maximum height for freestanding signs shall be as follows:
(a) Identifications sign: Twelve (12') feet.
(b) Subdivision and construction sign: Ten (10') feet.
(c) Directory sign: Eight (8') feet.
(d) Directional and informational sign: Six (6') feet.
(e) Exempt signs: Six (6') feet.
4. Signs shall not project over public property or vehicular easement or right -of -way.
5. Landscaping shall be provided at the base of the supporting structure or the freestanding
sign shall be incorporated into landscaped areas as determined by the Planning and
Building Director.
6. Sign area shall be allowed as follows:
(a) Square footage allotted to a building may be transferred to a freestanding sign in lieu
of its use on the building up to a maximum of thirty (30) square feet (area of one (1)
face).
(b) When there is no building on the lot, or when a building does not cover the entire
frontage of a lot, additional square footage for use on the freestanding sign shall be
allowed at the rate of one -half (1/2) square foot per linear front foot of that portion of
the lot on which there is no building, up to a maximum of thirty (30) square feet (area
of one (1) face).
g. Marquee Signs.
1. Signs shall be mounted only on the front and sides of a marquee.
2. Signs shall not project more than six (6 ") inches from the face of the marquee.
3. Signs shall not extend above the top or below the bottom of the marquee.
4. The maximum total area for marquee signs shall be twenty -five (25) square feet.
h. Privilege Signs.
1. The type of sign and its materials and colors shall be compatible with the architectural
style of the building upon which it is to be located.
2. No more than twenty -five (25 %) percent of the total sign area available under subsection
30 -6.3 may be used to advertise the supplier of the sign.
i. Directory Signs.
1. Directory signs shall not display any logos or advertising.
30 -6.5 Variances Limited to Certain Provisions of Sign Regulations
The provisions of Section 30 -21 of this article shall apply only to subsections 30- 6.3.b; "Number
of Signs Allowed," 30- 6.3.c; "Sign Area Allowed," and 30 -6.4; "Requirements by Sign Type."
30 -6.6 Illumination of Signs
a. No artificial exterior light used for the purpose of lighting any sign shall be so located as to
result in the directing of light on to or reflecting glare upon any adjacent property or public
right -of -way.
b. External light sources shall be directed and shielded to prevent direct illumination of any
object other than the sign.
c. No brightly illuminated signs shall be allowed in, or within two hundred (200') feet and
facing any residential zoning district. (Exception: hospitals.)
d. Light source shall utilize energy efficient fixtures.
30-6.7 Signs Exempt
The following types of signs shall be exempt from the provisions of these regulations:
a. Regulatory Sign. Any sign erected and maintained pursuant to and in discharge of any
governmental function or required by any law, ordinance or governmental regulation.
b. Bench signs, when located at designated public transit bus stops.
c. Commemorative plaques, if installed and maintained by government agencies or recognized
historical societies and organizations
d. Emblems and Symbols. Religious symbols, legal holiday decorations and identification
emblems of religious sects, orders or historical societies.
e. Vehicle Signs. Signs on licensed commercial vehicles, including trailers; provided, however,
that such vehicles shall not be utilized as parked or stationary outdoor display signs.
f. Business District Directory Signs. Signs provided by the City for pedestrian identification of
nearby businesses.
g. Address. Street number and street name not exceeding two (2) square feet in area per single
family or duplex unit, and four (4) square feet in area for all other uses.
h. Affiliation Sign. Signs not exceeding one -half (1/2) square foot in area per sign, and six (6) in
number per business.
i. Barber Pole, but shall contain no advertising.
j. Flags. Flags of any nation or political jurisdiction shall be exempt provided that the pole
height for flags mounted on poles shall not exceed twenty -five (25') feet, except upon
approval of a design review application which includes photographs and drawings submitted
by the applicant, in order to achieve compatibility of scale with nearby large buildings and
landscaping, and provided that the length of the flag shall be no more than one - quarter (1/4)
of the height of the pole. Weather flags, nautical flags and pennants when displayed on boats,
in marinas, or on any land area within fifty (50') feet of water frontage, shall be exempt
provided that they shall be primarily viewed from the water and void of any commercial
intent.
k. Gasoline Sign. Pump signs identifying the type and octane rating shall be permanently
affixed to the pump, not to exceed two (2) square feet in size and two (2) in number per
pump for each gasoline type dispensed. Price signs readable from adjacent streets shall be in
accordance with the requirements of the Business and Professional Code of California as to
wording, coloring and size of letters and numerals, and shall not exceed five (5) square feet
in area.
1. Historic Sign. Any signs that have been determined by the Historic Advisory Board to have
historic merit.
m. Hours of Operation Signs. Signs displaying such information as the hours of operation,
emergency contacts and whether or not a business is open or closed. Such signs shall not
exceed two and a half (2.5) square feet.
n. Interior Sign. Signs located within the interior of any building, mall, arcade, complex or
structure and not visible from any public street, walkway or parking lot.
o. Residential Nameplate. One (1) sign not exceeding two (2) square feet in area per single
family or duplex unit.
p. Crime Prevention Neighborhood Watch Signs. Signs identifying an area participating in a
Police Department approved Neighborhood Watch Program. The allowable number, location
and design of said signs shall be approved on an individual basis by the Planning Director.
Maximum sign area: three (3) square feet; minimum ground clearance: seven (7') feet;
maximum height: nine (9') feet.
q. Signs Designating Drug Free Zones. Signs identifying the City of Alameda as a Drug Free
Zone area. Maximum sign area: three (3) square feet; minimum ground clearance: seven (7')
feet; maximum height: nine (9') feet.
r. Hospital Directional Signs. Off - premises signs directing uses to twenty -four (24) hour
emergency care facilities. The copy of such signs shall consist of "H ", and/or "Hospital ",
and/or an arrow and shall not contain any advertising in the form of the specific facility name
or logo. The allowable numbers, location and height of said signs shall be approved by the
Planning Director and City Engineer. The total sign area in square feet for all signs mounted
on the same pole or other structure at each location shall not exceed three (3') feet in area,
excluding arrow.
s. Non - commercial, Political, Religious or Public Service Signs. Signs containing
noncommercial, political, religious or public service messages provided that these signs are
used exclusively to display such messages and comply with the applicable advertising
structure controls in subsection 6 -3 of chapter VI of this Code.
t. Menu, window display, provided total area of posted menus does not exceed two (2) square
feet (e.g., an area 12" by 24 "). Window menu displays in excess of 2 square feet may be
permitted as window signs, subject to the limitations on number of signs, and area of signs,
prescribed by sub - sections 30 -6.3 and 30 -6.4.
30 -6.8 Temporary Signs
In addition to exempt signs, and the permanent signs permitted by this Section, the
following types of temporary signs are permitted, subject to the following regulations and
limitations. All temporary signs, other than promotional signs, are exempt from the number and
size limitations prescribed by sub - sections 30 -6.3 and 30 -6.4. The time limitations for specific
types of temporary signs are prescribed below:
a. Closed for vacation or remodeling sign. One (1) sign not exceeding two (2) square feet that
specifies a reopening date and which is removed no later than the day following the
reopening date.
b. Fundraising Event Sign: One (1) sign not exceeding four (4) square feet in area per
parcel or business for all parcels zoned for residential use, and sixteen (16) square feet in all
other zoning districts; located on private property, with the owner's permission, for a
maximum of thirty (30) days and removed within two (2) days after the event.
c. Garage Sale: On- premises signs and directional off - premises signs, for not more than two
(2)days prior to and removed within one (1) day after the sale.
d. Grand Opening Sign: Signs or banners erected one (1) time only, for a maximum of thirty
(30) consecutive days, and not exceeding fifty (50) square feet in area per sign. All grand
opening signs shall state, using letters at least one (1) inch in height, the date the sign was
installed.
e. Political campaign sign: Temporary signs on behalf of candidates for public office and for or
against ballot measures, to be removed no later than two (2) days after the election.
f. Promotional Sign: One (1) window sign may be located inside or outside the glazed area of
each building elevation with a street frontage, for a maximum of 30 consecutive days, and
cumulative for a maximum of ninety (90) days per year subject to the limitations on
maximum window sign area prescribed by subsection 30- 6.4.c. All promotional signs shall
state, using letters at least one (1) inch in height, the date the sign was installed.
g. Real Estate Sign: Real estate signs may be located in any zoning district, but may only be
located on private property (subject to the granting of the owner's permission), and are
subject to the following limitations:
1. On- premises signs shall be located in accordance with the following:
(a) One (1) on- premises sign is permitted for the time period that the indicated
property is available for sale or rent. For single family dwellings or duplexes,
the sign area shall not exceed four (4) square feet in area. For multi - family
dwellings, commercial, or industrial uses, the sign area shall not exceed sixteen
(16) square feet in area.
(b) In addition, one (1) on- premises sign indicating the property is open for
inspection not exceeding four (4) square feet in area. This sign may not be
placed more than two (2) hours prior to the open house and must be removed
within two (2) hours after the open house.
(c) In addition, up to three (3) on- premises sign riders indicating information such
as the agent's name and phone numbers, home warranties offered, or
instructions on viewing the property. Each rider shall not exceed one (1) square
foot.
2. Off - premises signs are limited to a maximum of six (6) per open house, not
exceeding four (4) square feet in area per sign. Signs may not be placed on public
property except for medians of public roads and sidewalks. Signs may not be placed
on medians or sidewalks in a manner which obstructs pedestrian or vehicular traffic,
or lines of sight. These signs may not be placed more than two (2) hours prior to the
open house and must be removed within two (2) hours after the open house.
h. Seasonal Decorations. Seasonal decorations are permitted, providing that they are not
installed more than forty -five (45) days prior to, and removed not more than seven (7) days
after a holiday.
i. Seasonal Sales Signs. Signs to identify a seasonal business may be erected for a maximum of
thirty (30) consecutive days. Wall, fence, free - standing signs and banners shall not exceed
twenty -five (25) square feet in total area. The same signs cannot be reused for sixty (60)
consecutive days. Dilapidated signs cannot be reused. Permission shall be obtained from the
Planning and Building Director unless exempt under subsection 6 -3.7
j. Special Event Signs. Signs or banners with a holiday message identifying a civic or public
event or holiday, and erected in any zoning district on private property with the owner's
permission for not more than thirty (30) consecutive days and are removed within two (2)
days following the event. Permission shall be obtained from the Planning and Building
Director unless exempt under Section 6 -3.6. Banners to promote such special events may be
located within vehicular rights -of -way, subject to the approval of the City Manager, and
compliance with Bureau of Electricity, Building Inspection and Public Works Department
regulations. California State Department of Transportation approval may also be necessary
for banners within the vehicular rights -of -way.
30 -6.9 Prohibited Signs
a. Obscene or Offensive to Morals. Signs containing statements, words, or pictures of an
obscene, indecent or immoral character which appeal to the prurient interest in sex, or which
are patently offensive and do not have serious literary, artistic, political or scientific value are
prohibited.
b. Hazards to Traffic. Other than when used for traffic direction,. signs which contain or are an
imitation of official traffic signs or signals are prohibited. No sign shall be erected in such a
manner that its size, location, content, colors, or illumination will interfere with, obstruct,
confuse or mislead traffic.
c. Hazards to Exits. No sign shall be erected in such a manner that any portion of the sign or its
support is attached to, or will interfere with, the free use of any fire escape, exit, or standpipe.
No sign shall be erected which will obstruct any required stairway, door, ventilator or
window.
d. Roof Locations. Signs erected upon or extending above any part of a roof or false roof
structure are prohibited.
e. Motion Devices. Signs utilizing flashing lights, changing of color intensity, or mechanical
moving parts are prohibited including all moving signs. (Exceptions: historic signs, barber
poles and, with a Use Permit, animated signs but only if determined by the Use Permit to
have outstanding artistic merit.)
f. Excess Area. Signs in excess of fifty (50) square feet.
g. Windblown Devices. Except for exempt flags and banners, use of windblown or inflatable
devices of any type is prohibited, including the production of smoke, bubbles, sound, or other
substances.
h. Portable Freestanding Sign. Portable freestanding signs are prohibited except for temporary
service station and real estate signs on medians of public roads and sidewalks. Such
temporary service station and real estate signs may not be placed on medians or sidewalks in
a manner which obstructs pedestrian or vehicular traffic, or lines of sight.
i. Signs on Vehicles. No vehicle may be used as a platform or substitute for a billboard or any
other type of sign, whether on private property or within a public right -of -way.
j. Natural Despoliation. Signs cut, burnt, limed, painted or otherwise marked on a rock, tree or
field are prohibited.
k. In Storage. Signs shall not be located on a premises so as to be visible from off of the site
prior to erection or while in storage.
1. Dilapidated Signs, except Historic Signs.
m. Abandoned Signs, except Historic Signs.
n. Miscellaneous Signs and Posters. The posting or painting of signs not otherwise defined or
permitted in this article.
30 -6.10 Abatement of Nonconforming On- Premises Signs
Any on- premises sign which does not conform to the regulations of this section shall be
removed by the owner or possessor thereof within the period of time prescribed herein and the
surface on which the sign was mounted or attached shall be patched, painted and otherwise
repaired to remove all evidence of the former sign.
a. Signs with the following prohibited characteristics shall be abated immediately:
1. Obscene or offensive to morals.
2. Hazard to traffic.
3. Hazard to exits.
4. Vehicular sign.
5. Portable advertising signs.
b. The following prohibited signs shall be abated within thirty (30) days:
1. Motion devices.
2. In storage signs.
3. Wind blown devices.
4. Abandoned signs.
(a) Continuation of abandoned sign: The owner or future user of an abandoned sign who
desires to make subsequent use of the sign itself shall, within thirty (30) days of the
abandonment, give written notification to the Planning & Building Director, and if
approved by the Planning & Building Director resume use of the abandoned sign
within thirty (30) days of the Planning & Building Director's approval. In the case of
a sign structure, such written notification shall be given within one hundred eighty
(180) days of the date of abandonment and the structure reused within one (1) year of
such date.
5. Dilapidated signs.
6. Damaged Sign. Damaged to the extent of fifty (50 %) percent of its current replacement
value.
c. All other nonconforming on- premises signs shall be abated either after the expiration of the
useful life of the sign(s) for Federal income tax purposes or after a period equal to the
number of years obtained by dividing the total cost of the sign(s) when installed by five
hundred (500), whichever comes first, provided however, that no less than three (3) years
from the effective date of this section* shall be allowed for amortization.
* Editor's Note: As added by Ordinance No. 2028 N.S. effective January 2, 1981.
30 -6.11 Removal of Nonconforming Signs
Any sign that is in noncompliance with the regulations of this section shall be removed prior
to or upon the date designated for removal in the above abatement schedule. If the owner of, or
the person or persons responsible for, the sign fails to remove the nonconforming sign, the owner
of the premises upon which the sign is located shall be responsible for the removal of the sign
and the work shall be done within ninety (90) days following the date of non - conformance. The
procedure for the removal of all nonconforming signs shall be as follows:
a. The Planning & Building Director, or his/her designated representative, may cause the
removal of any nonconforming sign and supporting structure and shall charge the costs
incurred against any of the following, each of whom shall be jointly and severally liable for
said charges; provided, however, that any decision or determination of the Planning &
Building Director may be appealed in accordance with the general provisions as set forth in
paragraph c.:
1. The permittee;
2. The owner of the sign;
3. The owner of the premises on which the sign is located;
4. The occupant of the premises on which the sign is located;
b. A sign and supporting structure removed by the City shall be held not less than thirty (30)
days by the City, during which time it may be recovered by the owner upon payment to the
City for costs of removal and storage. If not recovered prior to expiration of the thirty (30)
day period, the sign and supporting structures shall be declared abandoned and title thereto
shall vest in the City and the cost of removal shall be billed to the owner.
c. A person appealing the decision of the Planning & Building Director shall file a notice of
appeal with the Secretary of the Planning Board within fifteen (15) days of the decision. The
Planning Board shall hear the appeal. The decision of the Planning & Building Director shall
be affirmed unless the appellant establishes that the sign(s) has not yet become
nonconforming pursuant to subsection 30 -6.15.
d. Nothing in this subsection shall be construed to relieve the owner of the sign or the premises
on which the sign is located, the permittee or the occupant of the premises on which the sign
is located from the duty of removing sign(s) at the time required by this section.
e. Removal by the Planning & Building Director, or his/her designated representative is an
alternate procedure and nothing in this subsection shall be construed as a limitation on the
authority of the City to abate nonconforming uses under this section as a nuisance pursuant to
Section 1 -5 of this Code. All nonconforming signs are declared hereunder, as well as under
Section 1 -5, a public nuisance.
30 -6.12 Special Requirements for Auto Dealerships within Auto Row
All other sign regulations shall apply to auto dealerships within auto row except as provided in
this subsection:
a. Number of Signs Allowed.
1. The maximum number of on- premises signs shall be six (6) per auto dealership, exclusive
of directional signs, and a maximum of three (3) signs per building side. Signs may be
posted on the street facade of a building or a building facade facing a parking lot,
provided that the lot is used by the same dealership.
2. An exterior display wall shall be considered a building frontage for purposes of sign
placement. All exterior display walls shall be subject to design review.
3. The signs may be multiple -faced and in any combination except that a business may not
have:
(a) More than one (1) freestanding sign per lot;
(b) More than one (1) projecting sign per auto dealership;
(c) A combination of one (1) projecting sign and one (1) freestanding sign.
4. Directional Signs. Each auto dealership may have a maximum of three (3) vehicle
oriented safety and directional signs solely for the purpose of guiding traffic, parking, and
loading or private parking inside the property, and not bearing advertising materials or
business identification. Maximum sign area shall be four (4) square feet. Maximum
height for freestanding signs shall be four (4) feet. Additional directional signs may be
permitted by design review, based on a finding of necessity. Directional signs shall not be
included in the computation of total number of signs nor total signage allowed.
b. Sign Area Allowed.
1. The maximum total sign area shall be determined by measuring the building frontage of
the auto dealership.
(a) The total allowable sign area for an auto dealership shall be one (1) square foot of
sign area per linear foot of building frontage, with a minimum of twenty -five (25)
square feet and a maximum of two hundred (200) square feet.
(b) A component or department of an auto dealership, such as service and repair, which is
on a separate parcel from the dealership shall be considered a separate business but
shall comply with all sign regulations of Section 30 -6, and the additional provisions
of subsection 30 -6.12 shall not apply.
(c) The maximum area for any sign shall be one hundred fifty (150) square feet.
c. Window Signs.
1. Signs shall not occupy more than twenty -five (25 %) percent of the window area, except
that a larger percentage may be covered in conjunction with a special event for a
maximum of four (4) periods per calendar year, but in no case is the time period to
exceed twenty (20) days per year, subject to approval of the Planning & Building
Director, upon submission of a written request. Time periods during which such larger
window displays are allowed shall be included in the total time for special events as
specified under point (e)(1) below.
d. Freestanding Signs.
1. The maximum height of freestanding identification signs shall be twelve (12') feet.
2. Freestanding signs are not subject to the seventy -five (75) foot separation requirement set
out in subsection 30- 6.4(f)2 but shall be placed to assure no view blockage of existing
signs.
e. Special Events Decorations.
1. Special events decorations, including banners, and flags, except balloons, pennants and
streamers, may be permitted in conjunction with a special event for a maximum of four
(4) periods per calendar year, but in no case is the time period to exceed twenty (20) days
per year, subject to approval of the Planning & Building Director, upon submission of a
written request. Time periods during which window displays covering more than twenty -
five (25 %) percent of the window area are allowed, as specified under point (c)(1) above,
shall be included in the total time for special events.
2. Balloons, pennants and streamers may not be used at any time.
30 -6.13 Off Premises Signs — General Regulations
Off - premises outdoor advertising signs, where permitted, shall not:
a. Exceed fifty (50) square feet.
b. Be located on the roof of a building.
c. Be located within:
1. One thousand (1,000') feet of another off - premises outdoor advertising sign which does
not conform to the provisions of paragraph a. where both of the signs do not conform to
the provisions of paragraph a. or
2. One hundred (100') feet of another off - premises outdoor advertising sign where one or
both of the signs conform to the provisions of paragraph a.
d. Excepting off - premises directional signs, be visible from a building or lot in a residential
district.
e. Excepting off - premises directional signs, be visible within one thousand (1,000') feet of any
bridge, tunnel, dock or boat ramp.
f. Be located so that a motorist would view the sign as adjacent to or behind a traffic signal or
sign from a distance of one hundred (100') feet or less from the nearest curbline of the cross
street at the intersection controlled by the traffic signal.
g. Excepting off - premises directional signs, be located on a route designated on the General
Plan as a scenic route.
h. Excepting off - premises directional signs, be located on or adjacent to a parcel of land
containing a structure listed on the historical building study list.
i. Be located in residential or C -1 Districts.
30 -6.14 Off Premises Directional Signs
Off premises directional signs require use permit approval pursuant to subsection 30 -21.3.
30 -6.15 Off Premises Signs — Abatement Schedule
Any off - premises sign which does not conform to the regulations of this section shall be
removed by the owner or possessor thereof at the earliest of the following occurrences:
a. The expiration of the useful life of the sign or signs for federal income tax purposes.
b. The recovery of the owner's investment, including cost of installation, as measured by the
sum of the net income earned. Net income earned shall mean gross revenues earned less
expenses of operation and administration and a provision for ten (10 %) percent return on
invested capital.
c. The passage of fifteen (15) years from the date of completion or acquisition of the sign; or
d. The passage of five (5) years from February 16, 1973 (the effective date of Ordinance No.
1683); or
e. One (1) year shall be added to the applicable paragraph a. through d. to compensate the
owner for the cost of removal.
30 -6.16 Conflicts with other Provisions
a. Where there is a conflict between the regulations of this section and the regulations of any
other section of this Code, the regulations of this section shall prevail; provided, however,
that the regulations of other sections shall prevail in the following cases:
b. Where the regulations of any other section are more restrictive.
c. Where a Planned Development District has been established in accordance with the
procedure set forth in subsection 30 -4.13 paragraphs a. through n. of this Code, provided that
any such Planned Development District regulations shall include comprehensive sign
regulations encompassing the entire Planned Development District area.
d. Nothing contained in Section 6 -3 of this Code, shall be construed to authorize or permit any
sign prohibited or regulated by this section.
Section 4. 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.
Presiding Officer of the City Council
Attest:
Lara Weisiger, City Clerk
City of Alameda
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
day of , 2005, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City
this day of , 2005.
Lara Weisiger, City Clerk
City of Alameda
CITY OF ALAMEDA
MEMORANDUM
To: Honorable Mayor and
Members of the City Council
From:
Date:
Re:
William C. Norton
Interim City Manager
March 9, 2005
Recommendation to Approve Theatre Design Guidelines and Presentation of
Conceptual Parking Structure Designs
BACKGROUND
The Community Improvement Commission (CIC) has contracted with Michael Stanton Architecture
(MSA) for pre - planning services for the proposed Historic Alameda Theatre rehabilitation, the new
Parking Structure, and the new Cineplex. These services include the advancement of the master
urban design and design criteria for the proposed parking structure and Cineplex.
DISCUSSION /ANALYSIS
Design Guidelines
The design guidelines for the proposed Cineplex and parking structure are intended to give direction
to the Cineplex developer regarding basic design issues of importance to the community prior to
expending funds for detailed drawings. The guidelines are intended to provide the developer with the
City's general expectations for the overall building form, urban design features, and other elements
of the design for the building. The design guidelines will be forwarded to the Cineplex developer,
whose final design will be submitted to the City for review during the City's Design Review process.
These guidelines were presented and conceptually discussed at a Historical Advisory Board public
meeting on February 3, 2005. The Planning Board held study sessions on February 14 and 28 to
review the draft design guidelines for the Cineplex. The City also met with community and Alameda
Architectural Preservation Society (AAPS) representatives on March 7 to discuss their
recommendations. The guidelines were then revised to reflect the comments from these earlier
meetings and will be presented to the Planning Board for approval on March 14 (Attachment A).
Staff will verbally report on the Planning Board meeting at the City Council's March 15 meeting.
The preliminary parking structure design was discussed during the February 28 Planning Board
meeting. Based on the comments received, revised conceptual designs will be presented again
during its March 14 meeting to move forward with the design/build process. Staff would like to
present these conceptual designs to the City Council at its March 15 meeting and solicit their
comments. Based on the feedback provided by the Planning Board and the City Council, it is
intended for MSA to develop a single conceptual design to be included as an attachment to the
Request for Proposals (RFP) for the parking structure design/build contract. Final design will be
Dedicated to Excellence, Committed to Service
Re: Report #5 -E
3 -15 -05
Honorable Mayor and
Members of the City Council
submitted to the City for review during the City's Design Review process.
March 9, 2005
Page 2
Project Schedule
The project is proceeding along schedule, as previously reported to the community, with the
anticipated opening of the parking structure in either October or November 2006. Since November
2004, the City has:
• Continued negotiations with MovieTECS for a Disposition and Development Agreement;
• Contracted with Michael Stanton Architecture (MSA) to complete design guidelines for the
projects;
• Completed Phase II environmental and asbestos investigations and initiated geotechnical
investigations for the proposed parking structure and Cineplex; and
• Advertised the Request for Qualifications for the parking structure.
BUDGET/FINANCIAL IMPACT
This report does not reflect any additional funding requirements.
RECOMMENDATION
It is recommended that the City Council approve the design guidelines to give direction to the
Cineplex developer and to provide feedback regarding the conce.tual parking structure designs.
Respec "ul submitted
WCN/LAL/DES/EF:ry
e
Development Services Director
9, 54
By: DoreneE. Soto
Manager, Business Development Division
C
51—
Eric Fonstein
Management Analyst
cc: Robb Ratto, Park Street Business Association
Dedicated to Excellence, Committed to Service
G: \econdev\Eric \Theatre\Design \Staff Report Design Guidelines(3) 3- 15- 05.DOC
Attachment A
REVISED DESIGN
GUIDELINES FOR
THE PROPOSED
NEW
CINEPLEX
Alameda, California
08 March 2005
Prepared for:
Community Improvement
Commission
City of Alameda
by
Michael Stanton Architecture
444 De Haro Street, Suite 202
San Francisco, CA 94107
(415) 865 -9600
All drawings and written material appearing herein constitute the original and unpublished
work of the Architect and the same may not be duplicated, used or disclosed without the
written consent of the Architect.
New Cineplex — Revised Design Guidelines
08 March 2005
2
Note: this Revised Design Guidelines for the New Cineplex has been formatted to show the
changes from the draft reviewed by the Planning Board at its 24 February 2005 meeting.
Deletions are indicated by a strike through. Text changes recommended by AAPS are in red,
other changes are in blue.
Design Guidelines for the New Cineplex
I. GENERAL INTENT
The New Cineplex to be built at the corner of Oak Street and Central Avenue in
downtown Alameda will adhere to the design guidelines given below. These design
guidelines represent the City's general expectations for the Cineplex's overall building
form, materials, and urban design features, and other elements of the design required of
this new development. A draft of these Design Guidelines has been previously
discussed by the Planning Board of the City of Alameda at its public meetings on 14 and
24 February 2005. Earlier these guidelines were conceptually discussed at a public
meeting on 03 February 2005 at the Historic Advisory Board of the City of Alameda.
This document has been modified to reflect the comments from these earlier meetings.
It is requested that the Planning Board of the City of Alameda at its 28 February 14
March 2005 meeting approve these Design Guidelines. Once approved, they will be
incorporated into the formal agreements between the City of Alameda and the
developer of the New Cineplex.
II. EXTERIOR
A. Overall Design Approach
The design of the New Cineplex s,. o 1a genera" y shall adhere to the Secretary of the
Interior requirements for new additions to historic structures. Paraphrasing these
standards, the New Cineplex should be clearly differentiated from and subordinate to
the Historic Theater so that the new construction does not appear to be part of the
historic resource. The new construction may be executed in a contemporary design or it
may reference design motifs from the Historic Theater, significant buildings in the Park
Street Historic District, or nearby significant buildings including: City Hall, the Carnegie
Building, and the Twin Towers Methodist Church. The new construction shall respect
the character defining features displayed in the Historic District. The New Cineplex In
either cane, it should always, be clearly differentiated from the historic buildings and be
compatible in terms of mass, features, materials, relationship of solids to voids, and
color. The new construction will adhere to the "recommended" and "not recommended"
practices in the Secretary of the Interior's Illustrated Guidelines appended to these
guidelines.
New Cineplex — Revised Design Guidelines
08 March 2005
3
B. Bulk and Massing
The New Cineplex building is required to include the following:
1. The Cineplex will shall be designed with the its principal massing oriented to
Oak Street and Central Avenue in the fashion of the multistory commercial
buildings of the Park Street Historic Commercial District. This massing will
strengthen the street walls of downtown and improve the sense of enclosure of
the public open space of the sidewalk and vehicular thoroughfare.
2. The design shall acknowledge that both the Central Avenue and Oak Street
facades are key elements of the urban context of Alameda and that each facade
will be treated with equal importance.
3. The Cineplex shall be designed to read as a single structure with each of its
principal parts the ground level retail, the auditoriums, the second level lobby,
and the multilevel conncction to the Historic Theatre clearly articulated.
Breaking the marring on the Cineplex into a series of vertical elements creating
the imprcxion of a series of smaller buildings is prohibited.
C. Architectural Form and Articulation
The New Cineplex is required to include the following:
1. The conceptual massing of the New Cineplex locates one of the second level
cinemas at the comer of Oak Street and Central Avenue. Great attention shall to
be paid to the massing and articulation of this element. A large blank wall will
not be acceptable. The developer is required to design and detail this element
with the care and attention its important location in Alameda merits. The
developer is encouraged to consider a vertical, canted or rounded element at this
corner. Inclusion of a tower element or bay windows at this corner should be
explored by the architect for the cineplex. This element must be submitted to the
City of Alameda for approval.
(2) feet beyond thc property line. If proposed, this projection of thc corner
cinema must be consistent with Design Guideline C.1 above. The proposed
posciblc approval.
3. The architect for the New Cineplex should consider employing a vertical
emphasis above the storefronts to reflect the proportions of other significant
buildings in and around the Park Street Historic District.
4. To enliven the public domain with the activity of the upper level lobby, the New
Cineplex, shall be-glazed have extensive glazing and shall project approximately
three feet over the Central Avenue sidewalk.
5. The strong horizontal line created by the marquee of the Historic Theatre will be
acknowledged across the facades of the New Cineplex and articulated in the
detailing of the retail canopies, the mechanical level, or by other appropriate
methods.
6. The design of the New Cineplex shall include regular transparent retail store
frontage on Central Avenue and at the comer of Central and Oak. This retail
store frontage shall be continuous except where emergency exits from the
Cineplex and structural supports are required. The continuous retail store
New Cineplex - Revised Design Guidelines
08 March 2005
4
frontage on Central Avenue and at the comer of Central and Oak will be
required to be at least seventy -five percent (75 %) transparent. Continuous blank
structural walls greater than four feet in length are prohibited.
7. To provide a consistent visual expression at the street level and furnish
pedestrian shelter from the elements, the design of the New Cineplex shall
incorporate regular canopies over all of the new retail frontage on Central
Avenue and Oak Street. These canopies shall be constructed of concrete, fixed
metal, glass or other similar permanent material. These canopies shall project a
minimum of five (5) feet from the building face.
8. Roof -top mounted mechanical equipment (including grease hoods, vents, and
exhaust fans) will be permitted only on the highest roof of the New Cineplex
and then only when fully screened from view in all directions (including the
Parking Garage). Project sponsor shall provide a set of diagrams illustrating the
full and complete screening of all equipment.
9. The massing of the New Cineplex at its intersection with the Historic Theater on
Central Avenue shall be notched back to (1) receive the existing marquee of the
Historic Theater and (2) open a partial view to the rounded comer facade and
ornamental rosette of the Historic Theatre (see image below). The developer of
the New Cineplex is encouraged to install windows in the new second level
lobby that will allow patrons of the New Cineplex to view the rounded corner of
the Historic Theater. See also Design Guideline D.2 following.
New Cineplex - Revised Design Guidelines
08 March 2005
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Existing marquee and ornamental rosette of the Historic Theatre
D. Lighting
The lighting of the New Cineplex will be subdued and indirect so as not to compete with
the entrance lighting and illuminated signage of the Historic Theatre. The New Cineplex
will rely on interior illumination glowing through the windows to announce its presence
to the public. In addition, the New Cineplex shall provide the following lighting:
1. The canopies at the retail storefronts shall contain downlights placed near the
edge of the canopy at intervals of approximately six (6) feet on center to
illuminate the sidewalk. The sidewalks shall be provided with a minimum of
fifteen 15 footcandles per square foot. Project sponsor shall provide photometric
data sufficient to ensure this criteria is met.
2. A concealed exterior uplight will be incorporated into the second level of the
New Cineplex to illuminate the rounded corner facade and ornamental rosette of
the Historic Theatre.
3. All exterior lighting will be controlled by a photocell and time clock to ensure the
continuous lighting of the exterior during nighttime operational hours
(minimum of dusk until midnight).
4. In the event that retail tenants have not been identified for the ground level retail
space at the completion of construction and the space is to be left initially in shell
condition, a continuous gypsum board soffit extending a minimum of three (3)
feet from the face of storefront shall be installed within all the retail space.
Recessed downlights approximately five (5) feet on center will be installed in this
soffit to provide consistent illumination of the space adjacent to the public
domain. These lights shall provide a minimum of fifteen 15 footcandles per
New Cineplex - Revised Design Guidelines
08 March 2005
6
square foot to the floor area inside the storefront. The project sponsor shall
provide photometric data sufficient to ensure this criterion is meet. These
downlights will be controlled by a house photocell to insure that there will be
continuous illumination of the storefronts during the night. If the retail space has
been fully leased at the completion of construction, the tenant's architect will be
required to prepare a lighting plan that ensures a similar pleasing illumination of
the space adjacent to the public domain is achieved. Prior to construction, this
lighting plan and photometric data will be submitted to the City of Alameda for
approval.
E. Signage
The signage of the New Cineplex will be subdued so as not to compete with the entrance
and signage of the Historic Theatre. The New Cineplex shall provide the following
signage:
1. One illuminated sign may shall be attached to the second level auditorium facing
Oak Street. This sign may be mounted horizontally or vertically. This sign shall
be composed of individual metal can letters with acrylic faces or individual neon
letters. Each letter shall be no more that eighteen (18) inches in height. Each
letter shall be illuminated and silhouetted.
2. One illuminated sign may shall be attached to the second level auditorium facing
Central Avenue. This sign may be mounted horizontally or vertically. This sign
shall be composed of individual metal can letters with acrylic faces or individual
neon letters. Each letter shall be no more that eighteen (18) inches in height.
Each letter shall be illuminated and silhouetted.
3. In the event that the architect for the Cineplex proposes a rounded or canted
corner at Oak and Central (see C.1 above), a single vertical sign may be
incorporated into this feature. This sign shall conform to the size and other
requirements given in E.1 above.
4. In addition to signage the retail tenant may wish to install behind the glass of
their storefront, each retail store shall be required to have two exterior signs.
One sign shall be incorporated into the edge of the canopy and one shall be a
blade sign perpendicular to the sidewalk located below the canopy. The -sign
incorporated into the edge of the canopy may be internally illuminated. This
sign shall be not taller than fourteen (14) inches in height and not more than
eight (8) feet in length. The blade sign shall be approximately ten inches tall and
three (3) feet in length with signage on both sides. The bottom of the blade sign
shall be at least eight (8) feet above the public sidewalk. If an individual retail
tenant has more that forty (40) feet of retail frontage or has exposure to both
streets, the tenant shall friay have two canopy signs and two blade signs
. The architect for the new
Cineplex shall submit with the final design of the cinema proposed retail sign
standards describing design size and location of allowable tenant signs.
5. Scrolling LED signage is prohibited.
F. Materials and Colors
The exterior surfaces of the New Cineplex shall be constructed of high quality
may incorporate the following materials. Examples of acceptable materials are:
New Cineplex — Revised Design Guidelines
08 March 2005
7
• Storefronts and Window Frames - Storefronts and windows may be of the
following materials: stainless steel, aluminum with factory- applied powder coat
finish, aluminum in a satin finish, or a frameless butt- glazed glass system. Wood
frames and aluminum frames in a bronze anodized or black finish are not
permitted.
• Glass - All glazing shall accentuate the transparency of the retail spaces and the
second level Cineplex lobby. Glass may be clear glass, low energy, body - tinted,
or enameled /screen printed glass (provided that it is highly transparent).
Colored and reflective glasses are not Jae permitted. Obscure colored glass may
be incorporated into upper level features such as false windows.
• MaseffEy Pressed Brick - Full-brick veneer walls may be used.
• Brick Plate - Fully grouted brick plate may be used after review and approval of
the design and detailing by the City of Alameda.
• Terra Cotta - Veneer walls of terra cotta blocks may be used. Terra cotta trim
pieces such as string courses and cornices may be used.
• Cement Plaster - Painted cement plaster may be used provided it is not located
within ten feet of the vertical extension of the property lines along Oak Street and
Central Avenue. If cement plaster is proposed for the property line wall with the
Parking Garage, the design will have to demonstrate that it will not be easily
tagged by graffiti artists.
• Extruded Foam Insulating System - Extruded Foam Insulating System (EIFS)
products are not be permitted.
• Metal panels - Metal panels with factory- applied powder coat finish of sufficient
thickness to avoid oil canning may be used. Field painted metal panels are not
permitted.
• Concrete - Precast concrete panels and pour -in -place concrete walls with an
architectural finish may be used. The proposed architectural finish of an exposed
concrete wall must be submitted to the City of Alameda for approval prior to
construction. These walls may have an integral color or be painted.
• Wood - Wood siding and exposed wood based products are not be permitted.
• Ornamental Stone - Stone slabs (minimum three centimeters thick) may be used
as accents and as base material. Exterior stone tile is not be permitted.
• Glass Block- Glass Block may be used.
• Concrete Masonry Units - Use of concrete masonry units with an integral color
and an architectural finish may be used. Other forms of exposed CMU will not
be permitted.
Other materials not specifically discussed above must be submitted for review to CIC
staff with and approval at the schematic design submittal required by the DDA.
Alternate materials will be considered at this time only. If approved by the CIC at the
schematic design submittal, the alternate materials may then be included in the final
design submittal to the Planning Board.
New Cineplex — Revised Design Guidelines
08 March 2005
8
III. INTERIOR
The Interior lobby of the New Cineplex that connects to the lobby of the Historic Theatre
will be designed to accentuate the exposed facade of the Historic Cinema and the
connections between the two buildings. The railings of the stairs, escalators, and
guardrails facing onto the multi-level lobby will be glass and metal supplying at least
eighty- percent (80 %) transparency. This new multi-level lobby will be skylit and will
feature a prominent window on the second level at the top of the escalator.
IV. STREETSCAPE
The New Cineplex will furnish the standard concrete sidewalk and curb as required by
the Public Works Department of the City of Alameda. Along Central Avenue the New
Cineplex will furnish street trees at a spacing consistent with the City of Alameda's
requirements and the existing pattern of planting along Central Avenue. These street
trees shall be consistent with the City's Master Tree Plan and subject to City Approval.
The preferred street tree along Central Avenue is the London Pland Tree (Plantanus
acerifolia Yarwood, Yarwood Sycamore). Each new street tree shall have a minimum
trunk diameter of six (6) inches or be from a 24 inch box.
While it is beyond the scope of work of construction for the New Cineplex, it should be
noted that the City will study options for improving the pedestrian environment along
Oak Street. Options to be studied include widening the sidewalk, introducing street
trees, and providing other amenities.
- END OF DOCUMENT -
New Cineplex — Revised Design Guidelines
08 March 2005
9
The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 1 of 4
National Park. Service
SEARCH I LINKS 1 E -MAIL
Fligtoric Buildings
An attached exterior
addition to a historic
building expands its "outer
limits" to create a new
profile.
Because such expansion has
the capability to radically
change the historic
appearance, an exterior
addition should be Compatible new addition on rear
considered only after it has elevation of historic building.
been determined that the new
use cannot be successfully met by altering non - character - defining
interior spaces.
If the new use cannot be met in this way, then an attached exterior
addition is usually an acceptable alternative. New additions should
be designed and constructed so that the character - defining
features of the historic building are not radically changed,
obscured, damaged, or destroyed in the process of rehabilitation.
New design should always be clearly differentiated so that the
addition does not appear to be part of the historic resource.
Note: Although the work in this section is quite often an important
aspect of rehabilitation projects, it is usually not part of the overall
process of preserving character - defining features (identify, protect,
repair, replace); rather, such work is assessed for its potential
negative impact on the building's historic character. For this
reason, particular care must be taken not to obscure, radically
change, damage, or destroy character - defining features in the
process of constructing a new addition.
Historic Buildings ....New Additions
recommended
Placing functions and services
required for the new use in non -
character- defining interior spaces
rather than installing a new
addition.
http:// www. cr. nps .gov /hps /tps /tax/rhb /new01.htm 3/9/2005
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not
recommended
Constructing a new addition so
that there is the least possible
loss of historic materials and so
that character - defining features
are not obscured, damaged, or
destroyed.
Locating the attached exterior
addition at the rear or on an
inconspicuous side of a historic
building; and limiting its size and
scale in relationship to the
historic building.
Designing new additions in a
manner that makes clear what is
historic and what is new.
Contemporary addition (left) to historic
library appropriately placed on
secondary side elevation.
Small glass connector between
two historic buildings with
appropriate setback.
'Considering
the attached exterior
addition both in terms of
the new use and the
appearance of other
buildings in the historic
district or neighborhood.
Design for the new work
may be contemporary or
may reference design
motifs from the historic
building.
In either case, it should always be clearly differentiated from
the historic building and be compatible in terms of mass,
materials, relationship of solids to voids, and color.
Placing new additions such as balconies and greenhouses
on non - character - defining elevations and limiting and size
and scale in relationship to the historic building.
Designing additional stories, when required for the new use,
that are set back from the wall plane and are as
inconspicuous as possible when viewed from the street.
Expanding the size of the historic
building by constructing a new
addition when the new use could be
met by altering non - character-
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The Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for R... Page 3 of 4
defining interior space.
Attaching a new addition so that the
character - defining features of the
historic building are obscured,
damaged, or destroyed.
Designing a new addition so that its
size and scale in relation to the
historic building are out of proportion,
thus diminishing the historic
character.
Duplicating the exact form, material,
style, and detailing of the historic
building in the new addition so that
Changing the historic the new work appears to be part of
character of the streetscape the historic building.
with additions to rooftop
and bay.
Imitating a historic style or period of
architecture in new additions, especially for contemporary uses
such as drive -in banks or garages.
Designing and constructing new additions that result in the
diminution or loss of the historic character of the resource,
including its design, materials, workmanship, location, or setting.
Using the same wall plane, roof line, cornice height, materials,
siding lap or window type to make additions appear to be a part of
the historic building.
Designing new additions
such as multi -story
greenhouse additions that
obscure, damage, or
destroy character - defining
features of the historic
building.
Constructing additional
stories so that the historic
appearance of the
building is radically
changed.
Rooftop addition that dramatically
changes the appearance of the historic
building.
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