Ordinance 1277ORDINANCE NO, 1277
AN ORDINANCE PROVIDING FOR THE ESTABLISHING OF PROTEC-
TIVE REGULATIONS OF USES OF LAND, THE LOCATIONS AND
USES OF BUILDINGS. THE HEIGHT AND BULK OF BUILDINGS,
THE OPEN SPACES ABOUT BUILDINGS AND THE DIMENSIONS
AND AREAS OF BUILDING SITES WITHIN CERTAIN DISTRICTS,
ESTABLISHING BUILDING SETBACK LINES AND POPULATION
DENSITY STANDARDS; PROVIDING FOR THE ADMINISTRATION
AND ENFORCEMENT OF SUCH REGULATIONS, AND PRESCRIBING
PENALTIES FOR VIOLATIONS THEREOF; AND REPEALING ALL
SECTIONS IN CONFLICT THEREWITH.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALAMEDA
as follows:
Section 1. The Alameda Municipal Code is hereby amended by repealing
Chapter 1 of Title XI thereof and inserting in its place and stead the fol-
lowing Chapter 1 of Title XI, which shall read as follows:
CHAPTER 1. ZONING DISTRICTS AND REGULATIONS
Article 1. Purpose, Designation and Establishment of Districts.
Article 2. Definitions.
Article 3. District Uses and Regulations.
Article 4 -A. General Provisions and Exceptions.
Article 4 -B. Sien Regulations
Article 4 -C. Off - Street Parking and Loading Space Regulations.
Article 5. Non - Conforming Buildings and Uses.
Article 6. Variances, Use Permits, Procedure.
A ,4 ;rlo 7 A-- -r1 —Pr1tC and P— opciure.
Article 8. Certificates of Occupancy.
Article 9. Appeals, Enforcement and Penalties.
Article 1. Purpose, Designation and Establishment of Districts
Sec. 11 -111 Adoption of Zoning Plan. There is hereby adopted a zoning
plan which is the zoning law of the City of Alameda, State of California.
Sec. 11 -112 Purpose of Adoption of Zoning Plan. Said Zoning Plan is
adopted to provide for the promotion and protection of the public health,
safety, peace, morals, comfort, convenience, and general welfare, and:
(a) To assist in providing a definite plan of development for the
City, and to guide, control and regulate the future growth of
the City in accordance with the Outline Master Plan and the
objectives set forth therein.
(b) To protect and elevate the character and the social and eco-
nomic stability of residential, commercial, industrial, recrea-
tional, and other areas within the City, and to assure the orderly
and beneficial development of such areas.
Sec. I1 -113 Effect of Zonincr Plan.
(a) The zoning plan consists of the establishment of various dis-
tricts within the City within some, all, or none of which It
S11211 be lawful, and within some, all or none of which it shall
be unlawful to erect, construct, alter, move, locate or maintain
certain buildings or to carry on certain trades or occupations
or to conduct certain uses of land or of buildings; within which
the height and bulk of future buildings shall be limited; within
which certain oven spaces shall be reauired about future build-
ings and consisting further of appropriate regulations to be
enforced in such districts. all as set forth in this Chapter.
(b) The zoning plan shall apply to private, public, quasi - public,
institutional, and public utility properties and all other lands
and structures within the incorporated area of the City of
Alameda.
Sec. 11- 114 Designation of Districts. The several classes of General Dis-
tricts hereby provided, ano into which the City may be divided, are desig-
nated as follows:
Map Symbol District Designation
R -1 One - Family Residence District
R -2 Two- Family Residence District
R -3 Garden Apartment District
R -4 Neighborhood Apartment District
R -5 General Apartment District
R -6 Hotel- Apartment District
AP Administrative- Professional District
C -1 Neighborhood Business District
C -2 Central Business District
C -3 General Commercial District
ML Limited Industrial (Manufacturing) District
M -1 Intermediate Industrial (Manufacturing) District
M -2 General Industrial (Manufacturing) District
Sec. 11 -115 Combining Districts. In addition to the foregoing classes of
districts, certain Combining Districts may be established and are designated
ns follows:
Map Symbol District Designation
PD Special Planned Development District
A Special Agricultural District
B Special Building Site District
H Special Height '._unit District
G Special Government District
Y Special Yard District
resents the required area in thousands of square feet.
(b) Side Yards Required: Ten (10) per cent of lot width on each
side to a maximum requirement of sixteen (16) feet, but in no
case less than eight (8) feet for interior side yards or ten (10)
feet for side yards adjacent to streets on corner lots.
"H," SPECIAL HEIGHT COMBINING DISTRICT REGULATIONS
Sec. 11 -1365. General. In any districts with which are combined "H"
Districts, the following special height regulations shall apply in lieu of the
height regulations specified for such other districts; provided, that wherever
conflict in regulations occurs the more restrictive of such regulations shall
govern.
Sec. 11 -1366. Special Height Regulations:
(a) The special maximum height regulations shall be indicated by
the symbol "H" followed by a numerical figure which figure
shall represent the maximum permitted height in feet meas-
ured from the average elevation of the ground area to be occu-
pied by a particular building or structure.
"G," SPECIAL GOVERNMENT COMBINING DISTRICT REGULATIONS
Sec. 11 -1374. General. The "G" District classification shall be combined
with the district classifications applied to all lands in the ownership of the
U. S. Government or the State of California.
Following acquisition, and prior to the use of any such lands by any
other owners, rezoning procedures shall be completed to remove the "G"
classifications and to consider further appropriate district classification
changes.
"Y," SPECIAL YARD COMBINING DISTRICT - REGULATIONS
Sec. 11 -1375. General. In any districts with which are combined "Y"
Districts, certain special yard requirements shall apply in lieu of those
otherwise provided. Where conflict in such regulations occurs, the regula-
tions of this Section shall apply.
It is intended that this district classification be applied in cases in
which special yard depths are necessary to complement unusual conditions
related to waterways, breaks in topography and rights -of -way requiring
widening in the future.
The district symbol "Y" shall be followed by a letter "f" to indicate a
special front yard depth, a letter "s" to indicate special side yard depths,
or a letter "r" to indicate a special rear yard depth, and a numeral fol-
lowing such letter f, s, or r shall indicate the special required minimum
yard depth in feet.
Sec. 11 -1376. Supplementary Off - Street Parking Spaces. Wherever there
shall be established a "Yf" district with a yard requirement less than the
minimum required for an R -1 District with which ' it is combined, two
additional unenclosed off- street parking spaces shall be provided.
Article 4 A, General Provisions and Exceptions
Sec. 11 -14AL General. The regulations specified in this Chapter shall
be subject to the foll -wing general provisions and exceptions.
Sec. 11 -14A2. Rules Governing Use of Zoning Map(s) and Symbols. Where
uncertainty exists as to the boundaries of any district shown on the Zoning
Map(s), the following rules shall apply:
(a) Where such boundaries are indicated as approximately follow-
ing property, street or alley lines, such lines shall be construed
to be such boundaries.
(b) In unsubdivided property, and where a district boundary divides
a lot, the location of such boundary, unless the same is indicated
by dimensions, shall be determined by use of the scale appearing
on the 'Zoning Map(s).
(c) A symbol indicating the classification of property on the Zoning
Map(s) shall in each instance apply to the whole of the area
within the district boundaries.
(d) Where a public street, alley or parcel of land is officially va-
cated or abandoned, the regulations applicable to abutting prop-
erty shall apply equally to such vacant or abandoned street or
alley.
Sec. 11 -14A3. Regulations Are : Minimum. In interpreting and applying
the provisions of this Chapter, unless otherwise stated, they shall be held
to be the minimum requirements for the promotion and protection of the
public safety, health and general welfare.
Sec. 11 -14A4. Relationship to Other Regulations and to Private
Restrictions.
(a) Where conflict occurs between the regulations of this Chapter
and any Building Code or other regulations effective within the
City, the more restrictive of any such regulations shall apply.
(b) It is not intended that this Chapter shall interfere with or abro-
gate or annul any easement, covenants or other agreements now
in effect; provided, however, that where this Chapter imposes
a greater restriction than is imposed or required by other ordi-
nances, rules or regulations, or by easements, covenants or
agreements, the provisions of this Chapter shall apply.
Sec. 11 -14A5. Additional Uses Permitted. The following accessory uses,
in addition to those hereinbefore mentioned, shall be permitted:
(a) The renting of rooms and /or the providing of table board for
not more than three (3) paying guests in a single family dwelling
structure.
(b) The operation of necessary service facilities and equipment in
connection with hotels and schools, colleges, and other institu-
tions when located on the site of the principal use.
(c) Recreation, refreshment and service buildings in public parks,
playgrounds and golf courses.
(d) Off - street parking areas in conjunction with commercial or in-
dustrial uses may be permitted in "H" districts on properties
adjoining "C" or M" districts upon the securing of a use permit
in each case.
Sec. 11 -14A6. Building Site, Areas and Easements.
(a) Any lot or parcel of land to one ownership, in R -1 and R -2 Dis-
tricts, having an area sufficient for more than one dwelling may
be so used and a building permit may be issued for such use;
provided, the owner thereof first files with the Planning Board
and receives approval of a Record of Survey map showing the
proposed new lot or lots and building sites proposed to be es-
tablished in conformity with the regulations of the Subdivision
Ordinance and other applicable ordinances and regulations.
(b) A detached garage or accessory building not exceeding one (1)
story in height, and without living quarters, may occupy not
more than fifty (50) per cent of the area of a required rear
yard. In exception to the provisions of this Section, a garage
or other similar accessory building not exceeding fifteen (15)
feet in height at the ridge may be built against the side and
rear line; provided, that said garage or similar accessory build-
ing is not less than seventy -five (75) feet from any street, and
in all other cases shall observe a five (5) foot clear distance for
side yard and rear yard. A garage or accessory building that
is not attached to and made a part of the main building shall
not be closer than eight (8) feet distant from the main building.
(c) In the case of a corner lot, no detached accessory building shall
be erected, altered or moved so as to occupy any part of the
front half of such lot.
(d) Any lot of record existing prior to the date of adoption of this
Chapter shall be considered a legal building site regardless of its
area, and may be used subject, however, to yard, height, bulk,
and all other applicable regulations.
Sec. 11 -14A7. Yards.
(a) No yard or other open space provided about any building for
the purpose of complying with the regulations of this Chapter
shall be considered as providing a yard or open space for any
other building or structure.
(b) In any case where a setback line or future right -of -way line has
been established by ordinance the required yards on the street
frontages of dots shall be measured in accordance with such line
and in no case shall the provisions of this Chapter be construed
as permitting any structure to be erected, altered or otherwise
extended beyond such lines.
(c) Garages, car ports and other accessory buildings may be at-
tached to and have a common wall with the main building, or,
when located as required by this Chapter (Sec. 11 -14A6 (b))
may be connected thereto by a breezeway. No parking spaces
as required by this Chapter shall be located in any required
front yard, or in any required side yard on the street side of
any corner lot.
(d) In cases where side yards are to be computed on the basis of
twenty (20) per cent of the width of the lot under the terms
of - this Chapter, no such basic side yard need exceed twenty
(20) feet in width unless required by other regulations.
(e) Cornices, eaves, canopies, fireplaces and similar architectural
features, but not including any wall or window surface, may
extend into any required yard a distance not exceeding two
(2) feet.
(f) Uncovered porches, or stairways, fire escapes or landing places
may extend into any front or rear yard required by this Chap-
ter a distance not exceeding six (6) feet and into any required
side yard a distance not exceeding one -half the width of the
side yard required for the lot
(g) In any "R" District where fifty (50) per cent or more of the
building sites in any one block, or portion thereof in the same
district, have been improved with buildings, the required front
yard shall be of a depth equal to the average of the front
yards of the improved building sites, to a maximum requirement
of that specified for the district, but in no case less than the
minimum required for such district. ID any full block of lots to
be developed as a unit, the front yards may be varied so that
the required yard depth is not reduced more than five (5) feet
(corner lot yards may not be so reduced), and the average of all
front yards equals the required depth.
(h) In case a dwelling is to be located so that the front or rear
thereof faces any side lot line, such dwelling shall be located
not less than ten (10) feet from such lot line. On a corner lot,
the shorter street frontage shall be considered the front of the
lot.
(i) In the case of a corner lot adjacent to a key lot in any "R"
District, the setback on the street side of the corner lot within
twenty (20) feet of the side line of the key lot shall be equal
to the front yard required on the key lot, and a clear five (5)
foot rear yard shall also be maintained on the corner lot.
(j) In "R" Districts fences in side and rear yards may not exceed
six (6) feet in height, and may not exceed three and one -half
(31,0 feet in front yards.
(k) Nothing contained in the general provisions shall be deemed
to reduce special yard requirements as set forth in the regula-
tions for any district.
(1) Yards required for residential buildings which may be permit-
ted on a use permit basis shall be as required for the particular
district, or for R -5 District, whichever yard requirements are
reater.
(m) Yards required for Gasoline Service Stations shall:
(1) Maintain an open space ten (10) feet along all portions of
such premises adjoining the rear yard of a lot located in an
adjacent residence district.
(2) Maintain an open space of fifteen (15) feet along all portions
of such premises which adjoin the side yard of a lot in a
residence district.
13) The open spaces required by this section shall be maintained
unoccupied and unohstructed: provided, however, that lawn,
shrubbery and trees, and a hedge or self- supporting wall or
fence not exceeding six (6) feet in height, shall be permitted
in such space; of ovided, further, that such hedge, wall or
fence shall not exceed three and one -half (312) feet in height
in the pn tion �f such open space which projects towards the
street beyond the inner line of the front yard of the ad-
joining lot or lots
Sec. 11 -14A8. Height Exceptions.
(a) Towers, spires, chimneys, machinery penthouses, scenery lofts,
cupolas, water tanks, radio aerials, television antennae and sim-
ilar architectural and utility structures and necessary mechanical
appurtenances may be built and used to a height not more than
twenty -five (25) feet above the height limit established for the
district in which the structures are located; provided, however,
that no such architectural or utility structure in excess of the
allowable building height shall be used for sleeping or eating
quarters or for arty commercial or advertising purposes. Addi-
tional heights for public utility structures may be permitted
upon approval by the Planning Board. Height limitations pro-
vided herein shall not apply to electric transmission lines and
towers. unless they encroach on any officially designated air-
craft approach zone.
Article 4 -B. Sign Regulations
Sec. 11 -14131. Outdoor Advertising Signs as defined in Section 11 -1232
and as further defined hereinafter and as erected in all districts shall be
designed, erected, altered, moved or maintained in whole or in part in
accordance with the following schedule and regulations.
Sec. 11 -14132. Definitions.
(a) Announcement or bulletin boards.
A sign intended for and used by a public, charitable or religious
institution, or a professional use.
(b) Poster Panel and /or Painted Bulletins.
These terms are synonymous with the term "billboard" as de-
fined in Section 12 -213 of Chapter 2, Title XII of this Code, and
is a sign which does not necessarily advertise products or serv-
ices offered on the premises upon which it is located.
(c) Business Name Plate.
A flat sign of small size attached to main building describing the
nature of the business or product, or name of the -occupant
therein.
(d) Drum Sign
A sign atta ched to pilasters or entrances of buildings.
(e) Flat or Wail Signs.
A sign erected parallel to, or painted on the surface, or inte-
grated with the outside wall of the hrnilrlincr
(f) Home Occupation or Identification Sign, v
A sign of small size attached to the main building for identi-
fication of a name of the occupant, building or lawful home
occupation conducted therein.
(g) Pole or Ground Sign.
A sign erected on a pole, poles, or posts which is wholly inde-
pendent of any building for support.
(h) Professional identification Sign.
A sign intended for the identification of a permitted profes-
sional use and which is either attached to the main building
or which is erected similaz to a ground sign.
(i) Projecting Sign.
Sign erected on the face or outside wall of the building and
which projects out at an angle therefrom.
(j) Roof Sign.
Sign erected upon and completely over the roof of any building.
(k) Temporary Sign.
A sign or device on which the characters, letters, illustrations,
ornamentations are applied to cloth, paper, fabric, or material
of any kind with or without a frame.
See. 11 -14133. Types of Signs Permitted by Districts.
(a) Residential Districts.
Home occupation or identification, announcement or bulletin
boards and provided further, business name plates, profes-
sional signs shall be permitted in R -5 and R -6 Districts only.
(b) Administrative, Professional.
Business name plate; professional signs.
(c) Commercial. (C -1 and C -2)
In all commercial districts signs shall be permitted as pro-
videdin residential districts, and as permitted and regulated
in Chapter 2, Title XII of this Code; provided, however, no
Poster Panel or Painted Bulletins shall be permitted in any
C -1 District.
(d) Industrial Districts.
Signs as permitted in Residential and Commercial Districts,
and as further regulated in Chapter 2, Title XII of this Code,
provided, however, no Poster Panels or Painted Bulletins shall
e permitted in any ML District.
Sec. 11 -14134. Area of Signs.
(a) Measurement Standards:
The total area of signs shall include (1) all visible faces of all
permanent flat, projecting, pole, ground or roof signs, (2) the
area within the perimeter of signs integral with a wall, and
(3) the area within the perimeter of permanent or temporary
signs placed upon or adjacent to the surface of windows or
doors.
(b) Schedule of Areas:
(1) The total area of permitted signs in a Residence District
shall conform to the following regulations:
Purpose Area
Identification of occupant or name of
structure .------- ..._ --- --- ---- -- ............................... 1 sq. ft.
Permitted home occupation ......... ............................... 2 sq. ft.
Announcement or bulletin board of
church, school, and similar uses _. ------- 25 sq. ft.
Identification of all professional occu-
pants or occupations ..... ............... .... ._...-....._.................25 sq. ft.
(2) The total area of permitted signs in an Administrative -
Professional District shall conform to the following regu-
lations:
Identification of all professional occu-
pants and occupations ............. .............................25 sq. ft.
(3) The total area of signs for a use in a Commercial District
shall be as regulated in Chapter 2, Title XII of this Code.
(4) The total area of signs for a use in an Industrial District
shall be as regulated in Chapter 2, Title XII of this Code.
(5) In addition to the above one directional sign not exceeding
15 sq. ft in area and limited to Name and location of
establishment in a nearby Commercial or Manufacturing
District may be permitted in any of the business districts.
(6) Signs and nameplates for offices and services above the
ground floor of the building, and signs for theatres shall be
permitted in addition to the area limitations which may
be set forth in Chapter 2, Title XII of this Code.
Sec. 11 -14135. General Location of Signs:
Signs, as permitted in this Chapter, may be located on the surface
of or project from the building wall adjacent to a street or streets,
on the wall adjacent to a parking area if there is direct access
between the accessory parking and the building, on the roof of
buildings, or erected on poles or other ground supports as herein
regulated, or as regulated in Chapter 2, Title XII of this Code. The
limiting dimensions set forth shall include the structural members
unless otherwise indicated.
Any provision of Chapter 2, Title XII to the contrary notwith-
standing, no projecting roof, pole, or ground sign shall be located
less than fifteen feet (15') from a Residential District.
Sec. 11 -14136. Illumination of Signs:
(a) In all Residential Districts signs may be illuminated by indirect
illumination and in conformance with the limitations set forth
in other districts. In all other districts signs may be illumi-
nated in any manner provided that their light sources shall not
be of excessive brightness or cause a glare hazardous to
pedestrians, motor vehicle drivers, or be objectionable to adja-
cent residential structures. 'Flashing, moving or intermittent
illumination shall be prohibited except by use permit. (Christ-
mas display lighting is excluded from the above regulation.)
(b) Illumination of parking lots and used car sales lots, shall not
be of excessive brightness or cause a glare objectionable to
any adjacent Residential District, and except for safety pur-
poses, shall be permitted only during the hours the establish-
ment is in operation.
See. 11 -14137. Permits for Signs:
A Building Permit shall be obtained as provided in Chapter 2,,
Title XII of this Code.
Article 4 -C
Off - Street Parking & Loading Space Regulations
Sec. 11 -14CL Intent.
The following off - street parking and loading requirements alld
regulations are established in order to achieve, among others, the
following purposes:
(a) To relieve congestion on streets, and to provide more fukly
for movement of traffic, maneuvering of emergency vehicles
or street maintenance equipment;
(b) To protect neighborhoods from vehicular traffic congestion
generated by the adjacent non - residential districts;
(c) To promote the general welfare and convenience and pros-
perity of residential, commercial and manufacturing develop-
ments which depend upon the availability of off - street parking
facilities.
Sec. 11 -14C2. Accessory Parking Spaces Required.
Accessory off - street parking spaces (including access driveway)
shall be provided in acco dance with the schedule Section 11 -1405
as a condition precedent to the occupancy of a residential, institu-
tional, commercial or manufacturing use, and in conformance with
other provisions of this Chapter:
(a) Whenever a building is constructed or a new use established;
or
(b) Whenever an existing building is altered and there is an in-
crease of the number of dwelling units, seating capacity, num-
ber of employees, and /or floor areas of building; or
(c) Whenever the use of an existing building is changed to a use
requiring more off- street parking facilities, as provided in
Sections 11 -14C4 and 11 -14C5.
See. 11 -14C3. Continuation of Off - Street Parking Spaces.
Se
Sec
All existing off - street parking spaces or those required as acces-
sory to a use of a proposed or altered building, shall continue
unobstructed in operation, shall not be used for automobile service
or repair and shall not be reduced below the required size as long
as the main use remains, unless an equivalent number of spaces
is provided for said use in another approved location.
See 11 -14C4. Measurement Standards.
For the purpose of determining accessory off- street parking re-
quirements, definitions and standards shall be as follows:
(a) Accessory Parking Space - An open or enclosed area accessible
from the street for parking of motor vehicles of owners, occu-
pants, employees, customers or tenants of the main buildin
Except for "attendant" served parking lots, each space shal
l
be not less than nine by twenty (9x20) feet, exclusive of ade-
quate drives and turning spaces, and a minimum of seven (7)
feet in hei¢ht if covered. The adequacy of the parking facilities
provided shall be based on an accurate plan of the spaces, lot,
or lots involved. "Attendant" served parking facilities may
reduce parking stall dimensions to 'a minimum of 8x18 feet.
(b) Floor Area - The total area of all the floors measured from
the exterior faces of the building (except that the floor or
part thereof used for storage or packaging of merchandise
may be excluded if approved by the Board) or, where set
forth in the following schedule, only the floor area used by a
specific use.
(c) Seat - The number of seating units installed or indicated, or
each 24 lineal inches of benches, pews, or space for loose
chairs or similar seating facilities; spacing or rows shall be
assumed at 30 inches on center.
(d) Employees - The maximum number of employees on the prin-
cipal shift, plus 2570 of this shift.
11 -14C5. Schedule of Required Minimum Off- Sfreet Parking Space.
Residential
(a) One- family dwelling One space per dwelling unit.
(b) Two- family dwelling One space per dwelling unit.
(c) Multiple family One space per dwelling unit.
dwelling
(d) Rooming houses One space per guest room plus one space
for re id
(e) Hotels and motels
Institutions
(f) Hospitals
(g) Out - patient clinics
(h) Libraries, museums
and similar uses
M Places of worship
(j) Public buildings,
municipal and
educational
Places of Assembly
(k) Theatres, lodge halls,
auditoria, arenas,
stadia and other
places of assembly
(1) Dance halls, skating
rinks, swimming
pools
(m) Bowling alley
(n) Marinas, yacht clubs
and similar uses
si ent family.
One space per guest room or suite plus
one space for each four employees.
One space per three beds, plus one space
:'or each four employees, including doc-
tors whether resident or not.
One space for each eight seats in waiting
rooms plus one space for each four em-
ployees, including doctors.
One space for 500 square feet of floor
area plus one space for each four em-
ployees.
One space per each ten seats in audi-
torium and assembly rooms.
One space for each two employees plus
adequate • space for visitors and other
principal users.
One space per ten seats.
One space per 50 square feet used for
these activities.
Four spaces per alley.
One space for each two boat berthing
spaces, and, if applicable, such spaces as
are herein required for places of as-
sembl
(o) Mortuari :s
J •
One space per 30 square feet
of assembly
rooms or one space for each four seats,
whichever requires the greater.
C -1 Neighborhood Business
Districts (where development is isolated)
(p) Medical & dental
offices and clinics
One space per 150 square feet of floor
area, plus one space for each four em-
e s s pace
(q) Retail stores, other
offices, and service
One per
ace t. floor area
establishments
ground floor; one sp ace .
of other floors. Per 300 sq. ft.
(r) Eating places and
other similar uses
One space per 100 square feet of floor
area or one space for each four seats,
C -2 Central Business Districts
or Major Centers number.
(s) Retail stores, banks,
offices, service es-
One space per 150 square feet on the
ground floor
tablishments, ex-
eluding furniture
plus one for each 300
square feet, on upper floors.
stores and similar
low intensity uses
(t) Furniture stores
and similar low
One space per 500 square feet of floor
intensity uses
area.
(u) Eating places, bars,
taverns
One space per 150 square feet of floor
area or one space for each six seats,
whichever
requires the greater number.
C -3 ML General Commercial do Limited Industrial Districts
(v) Commercial services, One space per each two employees.
warehouses, labora-
tories, storage, ma-
chine shops and
similar establish-
ments
(w) Uses as permitted As provided in C -2 regulations.
in C -l. C -2 Districts
Intermediate Industrial & General Industrial Districts
(x) Manufacturing One space per each three employees.
plants as permitted
in the M -1 and M -2
Districts
(y) For a specific build-
ing or use not sched-
uled above, the
Planning Board shall
apply the unit of
measurement of the
above schedule
deemed to be most
similar to the pro-
posed building or
use.
Sec. 11 -14C6. Separate or Combined Use of Facilities.
A building containing one use shall provide the off - street parking
spaces as required for the specific use. A building, or a group of buildings,
containing two or more uses, operating normally during the same hours
and which have different off- street parking requirements shall provide
spaces for not less than the sum of the spaces required for each use, or
the spaces required for a "large unit of development of business buildings."
Institutions, places of amusement or assembly may assume that up to,
but not more than, 50 per cent of their requirements may be shared in
adjacent off - street parking areas which are accessory to business estab-
lishments and which normally have different hours of operation.
Provided, however, where there is a sharing of facilities by different
owners, the owner and /or owners of the same lot or lots of the main
building or buildings, structure or structures, and the owner and /or owners
of the parking space shall execute and record a declaration of restrictions
and conformance covering said parking facility, or facilities, in a form
approved by the City Attorney, setting aside the required space for park-
ing only; which restrictions and covenants may be waived only by the
consent of the owner or owners of more than one -half of the said facility
or facilities, and with the consent of the City Council.
Sec. 11 -14C7. Location of Parking Spaces.
(a) Residential Uses. Enclosed or open parking spaces shall be
located on the same lot as the dwelling served or within the
same block if combined facilities are provided for several
dwellings.
(b) Institutional, Amusement and Assembly Uses. Accessory park-
ing spaces shall be provided on the same lot as the institution
or place of amusement, or assembly, or assembly served; how -
ever, where no such adjacent land is available, then the nearest
point of the parking lot shall be located within walking dis-
tance of 300 feet of the entrance of said building.
(c) Business Uses (C -1, C -2). Accessory parking facilities shall be
located on the same lot or adjacent to the business served in 'a
public lot; however, where no such adjacent land is available,
the nearest point of the parking lot shall be located within a
walking distance of 300 feet of said building.
(d) General Commercial and Manufacturing Uses (C -3, ML, M -1,
M -2). Accessory parking facilities shall be located on the same
lot as the main use served in 'a general or commercial manufac-
turing district; however, where no such adjacent land is avail-
able the nearest point of the parking lot shall be located within
a walking distance of 400 :eet of said use.
See. 11 -14C8. Accessways to Parking Areas.
The location and width of entrance and exit driveways to accessory
parking facilities (except for 1- family and 2- family dwellings) shall be
planned in such a manner to interfere as little as 'possible with the use of
adjacent streets. The center line of an access driveway to parking areas
having ten or more spaces shall be not less than 35 feet from a street
right -of -way line intersection. Parking areas of 24 spaces or less shall be
served by a driveway not less than 10 feet wide. Those having 25 or more
spaces shall have one or two driveways not less than a total width of 25
feet. The aforesaid location and width regulations shall also apply to drive-
ways for "drive -in" type of businesses.
Sec. 11 -14C9. Surface Improvements of Parking Areas.
(a) All parking areas and access driveways shall have a smoothly
graded, stabilized and dustless surface with adequate drainage
so that injury will not be caused to adjacent properties, nor
will such water drain across a_public walk. Appropriate bumper
guards or curbs shall be provided, where needed, in order to
define parking spaces or limits of paved areas and to prevent
vehicles from projecting into required setbacks as established
for the various districts or by other sections of this Chapter.
(b) Any parking space previded in accordance with these regula-
tions shall be located the following minimum distances from
any structure, except lighting standards or sign posts:
Where curbs are used: seven (7) feet.
Where bumper rail or fence used: three (3) feet.
Sec. 11- 14C10. Illumination of Parking Areas.
Parking areas shall be adequately illuminated whenever necessary to
protect the public safety. Such illumination shall be so designed and
located that light sources are shielded from adjoining Residential Districts
and streets, and shall not be of excessive brightness or cause a glare
hazardous to pedestrians of auto drivers.
Sec. 11- 14C11. Off - Street Loading Space.
Every institution, hotel, commercial or industrial building hereafter
erected, enlarged or established on a lot which abuts upon an alley, or is
surrounded on two sides by streets, or has a frontage of at least sixty (60)
feet shall have one (1) permanently maintained loading space of not less
than ten (10) feet width, forty (40) feet length and fourteen (14) feet height
for each such building in excess of 12,500 square feet, but not exceeding
40,000 square feet gross floor area.
At least one additional off - street loading space shall be provided for
each 50,000 square feet or fraction thereof by which the building exceeds
40,000 square feet of gross floor area.
Sec. 11- 14C14. Approvals.
Except for one and two - family dwellings and /or loading facilities, de-
tailed drawings of off - street parking facilities shall be submitted for ap-
proval by the Planning Department before an application for a building
permit shall be approved. Such drawings shall show number of spaces
and locations, dimensions and descriptions of all features enumerated in
Sections 11 -14C7 to 11- 14C11, inclusive. The Planning Department may re-
quire structural or landscape features such as bumper guards, curbs, walls,
fences, shrubs, ground cover or hedges to further the purposes of this
Chapter.
Article 5. Non - Conforming Buildings and Uses.
Sec. 11 -151. General. Any non - conforming building, or any noncon-
forming use being conducted within a structure or upon open land may be
continued as provided in this Section; except that
(aj Any non-conforming use being conducted on open land, and
not incidental or accessory to a use being conducted within
a structure upon the site, shall not be continued longer than
two years from the date of non - conformity under the pro-
visions of this Chapter.
(Amended by Ord. No. 1309, N. S.)
(b) Any non - conforming outdoor advertising sign or outdoor ad-
vertising structure may be continued for a period of not longer
than five (5) years from the date of non - conformity under the
provisions of this Chapter; and
(c) If any non - conforming use is abandoned (not actively used), or
voluntarily or by legal action caused to be 'discontinued for a
period of one year or more, then any subsequent use of the
property shall be in conformity with the provisions of this
Chapter.
Sec. 11 -152. Use Permit. If no structural alterations are made, a non-
conforming use of a building may, upon approval of a use permit, be
changed to another non - conforming use of the same or more restricted
use classification.
Sec. 11 -153. Changes Permitted. No non - conforming building or use
shall be enlarged, extended, reconstructed or structurally altered, unles9
it is changed to conform to the regulations specified by this Chapter, pro-
vided that routine maintenance and repairs required by applicable health
and safety codes shall be permitted in an aggregate amount during a five
(5) year period of not to exceed one hundred per (100 %) of the total
assessed valuation according to the assessment thereof by the Assessor of
the City of Alameda.
Sec. 11 -154. Restoration of Damaged Buildings. If at any time any non -
conforming use or building -shall be destroyed by fire, explosion, act of
God or act of the public enemy to the extent of more than 70% of the
value thereof, then, and without further action by the City Council, said
building and the land on which said building was located or maintained
shall from and after the date of such destruction be subject to all the regu-
lations of the District in which such land and /or building, are located. For
the purposes of this Chapter, the 'value of any building shall be the esti-
mated cost of the replacement of the building in kind, as determined' by
the City Engineer. Where any non- conforming building shall have been
destroyed less than 70 %, as specified above, a building permit for its
restoration shall be secured not later than six (6) months from the date
of such destruction and said restoration shall be completed one (1) year
from the date of issuance of the building permit.
Sec. 11 -155. Effective Date. The foregoing provisions shall also apply to
non - conforming buildings and uses in Districts hereafter changed or estab-
lished, and any time limit for the suspension of a non- conforming use of
land shall date from the date of the enactment of this Chapter or any
amendment thereto.
Sec. 11 -156.' Certificate of Occupancy Permit. The owner or occupant
of any land or building classified as a non - conforming use under the pro-
visions of this Chapter shall, upon notification by the Planning Depart-
ment, make application for a certificate of occupancy permit, and shall
annually thereafter apply for renewal of said permit.
Article 6. Variances. Use Permits: Procedure
Sec. 11 -161. Variances.
(a) Intent. It is the intent of this section that where practical diffi-
culties, unnecessary hardships or results inconsistent with the
purpose and intent of this Chapter may result from the strict
application of area, height, yard and space and other require-
ments thereof, variances may be granted as provided in this
Section.
(b) Application Form and Validity. Application for a variance shall
be made in writing on a form prescribed by the Planning
Department, including plans, statements and other evidence
showing:
(1) That there are exceptional or unusual circumstances, or
conditions which apply to the property or to the intended
use that do not apply generally to the other property or
class of use in the same vicinity and zone district.
(2) That the granting of said variance is necessary for the
preservation and enjoyment of a substantial property right
now lawfully possessed by other property in the same
vicinity and zone dictrict, but which is denied to the prop-
erty in question.
(3) That the granting of said variance will not be materially
detrimental to the public welfare or injurious to the prop -
erty or improvements in such vicinity and zone district in
which the property is located.
(4) That the granting of said variance will not be contrary to
the spirit and Intent of the Master Plan or will adversely
affect it in any way.
(c) Fees. An application for a variance shall be accompanied by
a fee of $10.00, no part of which shall be returnable.
(d) Public Heaxing: Notice of said hearing, together with the
description of the Variance applied for, shall be given by:
(1) Posting three notices on each side of the street described
in the application and lying between the nearest intersect-
ing or intercepting street or streets bounding the block to
which the subject. property is located, plus one (1) notice
on each such street, but in no case need notices be posted
in excess of three hundred (300) feet from the exterior
limits of the subject property, or
(2) By one (1) publication in a newspaper of general circula-
tion printed and published in the City of Alameda.
(3) Postal card notices mailed to the adjacent properties, and
to as many other properties as the Planning Department
may deem advisable.
(4) All notices shall be posted, published, or mailed at least
ten (10) days prior to such public hearing.
(e) Action by the Planning Board. Following the public hearing the
Planning Board shall make a written finding of facts showing
whether the qualifications under Section 11-161(b) apply to the
land, structure or use for which the variance is sought, and
whether such variance would be in 'harmony with the general
purposes of this Chapter. The Planning Board by resolution
shall act on such variance indicating denial, or approval, to-
gether with such reasonable special conditions as it may impose
o secure the purposez of this Chapter. Such written findings
shall be made within thirty (30) days of said hearing and a
copy of same mailed to the applicant.
(f) Transferability and Revocation. A variance shall, if granted,
be used within a period of one (1) year from the date of the
notice of approval and shall not be transferable by the prop-
erty owner to any other person if no building permit has been
obtained previously. Where the terms or special conditions of
approval have not been complied with, the Planning Depart-
ment shall give the permittee a notice of intention to revoke
such variance at least ten (10) days prior to a public hearing
thereon. After conclusion of the hearing the Planning Board
may revoke such variance.
Sec. 11 -162. Use Permits.
(a) Intent. It is the intent of this section that the Planning Board
may issue permits for those uses specified in each district
regulations as requiring use permits, and for the general pur-
poses stated in the preamble thereof. The Planning Board may
also prescribe such reasonable terms and conditions as may be
necessary to secure conformance with the intent of this Chap -
ter. "Policy Statements" and "Interpretations" may be de-
veloped and amended by the Planning Board in accordance
with the Use Permit procedure.
(Amended by Ord. No. 1310, N. S.)
(b) Application Form. Application shall be made in writing on a
form prescribed by the Planning Department and shall include
such statements. drawings and other data as it may require to
show conformance with the purposes of this Chapter.
(c) Fees. An application shall be accompanied by a fee of $10.00,
no part of which shall be returnable to the applicant. Appli-
cation for the renewal of a use permit shall be accompanied
by a fee of one -half the amount required for the original appli-
cation
(d) Public Hearing. Notice of said hearing, together with the de-
scription of the use permit applied for, shall be given as pre-
scribed in Sec. 11- 161(d).
(e) Action by the Planning Board. The Planning Board shall make
findings that the establishment. maintenance or - pperation of
the use applied for will or will not, under the circumstances
of the particular case, be detrimental to the health, safety,
peace, morals, comfort and general welfare of persons residing
or working in the neightorhood of such proposed use, or be
detrimental or injurious to property and improvements in the
neighborhood, or to the general welfare of the City.
(f) Transferability and Revocation. A temporary use permit is not
transferable, and any use permit if not used before one (1)
year after the granting thereof, shall become null and void
without further action by the Planning Department or Planning
Board In any case where the conditions attached to the
granting of a use permit have not been, or are not complied
with, the Planning Department shall give notice to the permit -
tee of intention to revoke the permit at least ten (10) days
prior to a public hearing thereon. Following such hearing, the
Planning Board may revoke the permit.
Article 7. Amendments and Procedures
Sec. 11 -171. General. This Chapter may be amended by changing the
boundaries of Districts, or by changing other provisions thereof by proce-
dures set forth in this Section, whenever the public necessity and conveni-
ence and the general welfare require such amendment.
Sec. I1 -172. Initiation. Amendment of this Chapter may be initiated
by one of the following methods
(a) The petition of one or more property owners affected by the
proposed rezoning, which petition shall be filed with the Plan-
Ping Department.
(b) - The City Council on its own initiative, who shall refer its re-
quest to the Planning Board for action pursuant to this Article.
(c) The Planning Board on its own initiative.
Sec. 11 -173. Fees. A petition for rezoning filed by affected property
owner(s) of a single parcel or of contiguous parcels of land, shall be accom-
panied by a fee of $35:00, plus costs, no p=art of which shall be returnable.
Sec. 11 -174. Public Hearings.
(a) The Planning Board shall within thirty (30) days hold at least
one (1) public hearing on any proposed amendments, and shall
give notice thereof by at least one '(1) publication in a news-
paper of general circulation within the City at least ten (10)
days prior to such hearings.
(b) In case the proposed amendment includes a change of zone dis-
trict boundaries or a change from one zone district classification
to another, the Planning Department shall either post public no-
tice thereof as prescribed in Sec. 11- 161(d), or shall notify the af-
fected property owners within three hundred (300) feet of the
frontage corners of said property on both sides of the street,
together with such other property owners as may be advisable
in each particular case, not less than ten (10) days prior to the
date of such hearing. Should the Planning Department elect to
employ one notification method or the other, or should any
property owner not receive written notice, it shall not invalidate
any proceedings for the amendment of this Chapter.
Sec. 11 -175. Action by the Planning Board. At such hearings the Plan-
ning Board shall weigh:
(a) The effect of the proposed amendment on the integrity of the
Outline Master Plan.
(b) The effect of the proposed amendment the general welfare
of the community.
(c) The equitableness of the proposal.
Following the prescribed public hearings the Planning Board shall trans-
mit a summary of its findings together with its recommendations to the
City Council. Failure of the Planning Board to act on the proposed amend-
ment within thirty (30) days from the receipt of said proposal shall be
deemed approval; provided, however, City Council may permit an extension
of time for such action.
Sec. 11 -176. Action by the City Council.
(a) Upon receipt of a summary of such findings, maps and recom-
mendations from the Planning Board the City Council shall set
the matter for public hearing, and shall give notice thereof by
publication in a newspaper of general circulation within the City
at least ten (10) days prior to such hearing.
(b) The report and recommendation of the Board on matters re-
ferred to in this article shall be advisory only. After receipt of
the report and recommendation of the Board, the City Council
shall act thereon and may approve, modify or disapprove the
same and may adopt an ordinance effecting such reclassifica-
tion, amendment or change in such forms as it may determine.
Changes it the boundaries of any district or reclassification of
any lot or land may be made by ordinance referring only to the
section or sections of Zoning Maps) affected by such changes, or
by description in the amending ordinance.
Sec. 11 -177. Abandonment of Proceedings. Any petition for an amend-
ment may be withdrawn upon written application' of a majority of the
signers of the petition. In the event public notice has been given, a re-
traction of said notice shall be immediately published as prescribed.
Article 8. Certificate of Occupancy
Sec. 11 -181. General. No vacant land in any District established under
the provisions of this Chapter shall hereafter be occupied or used (agricul-
tural uses excepted), and no building hereafter shall be erected, structurally
altered, or moved into or within and such District, nor shall it be occupied
until a certificate of `occupancy is issued therefor by the Building Official
of the City of Alameda.
Sec. 11 -182 Application. Application for a certificate of occupancy for
a new use, a'change of land use, for a new building or for an existing
building which has been altered or moved shall be made to the Building
Official of the City of Alameda before any such land or building is occupied
or used. No permit for excavation on any building site shall be issued before
an application for a certificate of occupancy has been made.
Sec. 11 -183. Issuance A certificat(- of occupancy shall be issued within
three days after:
(a) Written notice is received by the Building Official that the
premises are ready for use or occupancy.
(b) Inspection by the Building Official indicates that the building
or use is in conformity with this Chapter and other regulations
of the City.
Article 9. Appeals, Enforcement and Penalties
Sec. I1 -191. Duties of Officials.
(a) All departments, officials and public employees of the City of
Alameda which are vested with the duty and /or authority to
Issue permits or licenses shall issue no permit or license where
the same would be in conflict with the provisions or intent of
this Chapter.
(b) It shall be .the duty of the Building Official to enforce the pro-
visions of this Chapter.
In the prosecution of the above described duties, the Building Official
or his authorized deputies shall have the right to enter upon any premises
or structures to make necessary inspections at any reasonable time.
Sec. 11 -192. Appeals.
(a) The applicant for a variance or use permit, or any property
owner claiming to be adversely affected by the action or deci-
sion of the Board on any such application, may, within ten (10)
days from the date of such action or decision, appeal to the City
Council by filing with the 'Secretary of the Board a written
notice of appeal, signed by such person and stating the address
of appellant. The appeal shall come up for hearing before the
Council at its first regular meeting occurring not less than four
(4) days next after the filing of such appeal. Notice of such
hearing shall be given to the applicant by first class mail, if he
be other than the appellant, within two (2) days from the date
of filing of such notice of appeal.
(b) When an appeal has been filed, the Secretary of the Board shall
submit to the Council all the records, data and files pertaining
to the matter, together with a copy certified to be correct, of
the action or decision of the Board. The Council shall hear the
appeal and shall affirm, modify or reverse, an whole or in part,
the action, or decision of the Board. The determination of the
Council on such appeal shall be 'final and conclusive.
(c) If for any reason the hearing before the Board or the Council,
as the case may be, cannot be completed on the day set for
such hearing. the same may be continued from time to time
and the president, or other member of said Board or Council
presiding at such hearing, may, before the adjournment or recess
thereof, publicly announce the time and place ' at which such
hearing will be continued, and such announcement shall serve
as sufficient notice of such continuance and no other or further
notice need be given.
(d) In all cases where the Board has allowed a variance or granted
a use permit, the Building Official, at the expiration of the
time provided in Sect;on 11- 192(x) for the filing of notice of
appeal, may issue a building permit for the construction, 're-
construction or alteration of the building or structure or the
doing of any work in accordance with the action or decision of
the Board. If notice of appeal has been filed as herein pro -
vided, no such permit shall be issued` in connection with such
matter until the appeal shall have been decided by the Council.
Sec. 11 -193. Enforcement. Any building erected, altered, moved or
maintained, and /or any use of prnperty contrary to the provisions of this
Chapter shall be and the same is hereby declared to be unlawful and a
ppublic nuisance, and the City Attorney shall upon proper notice from the
Building Official immediately commence action or actions, proceeding or
proceedings for the abatement, removal and the enjoinment thereof in
the manner provided by law.
Seca 11 -194. Penalties. Any person or persons violating the provisions
of this Chapter shall be guilty of a misdemeanor and upon conviction
shall be punished as provided in Chapter 4, Sections 1 -411 -412 of the Ala-
meda Municipal Code. All remedies provided for therein 'shall be cumula-
tive and not exclusive.
Sec. 11 -195. Validity. If any section, subsection, sentence, clause or
phrase of this 'Chapter is for any reason' held by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity' of the
remaining portions of this Chapter. The City Council hereby declares that
it would have passed this Chapter and each section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that one or more sec-
tions, subsections, sentences, clauses or phrases be 'declared invalid.
See. 11 -196 Reference. This Chapter shall be known and may be cited
as the "City of Alameda ZONING ORDINANCE."
SECTION 2. 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.
WILLIAM M. McCALL,
Attest: Presiding Officer of the Council.
SHIRLEY H. TENNIER,
City Clerk.
I, the undersigned, hereby certify that the . foregoing Ordinance was
duly and regularly adopted and passed by the Council of the City of
Alameda in regular meeting on the 1st day of July, 1958, by the following
vote, to wit:
AYES • Councilmen Collischonn, Freeman, Petersen, Schacht and Presi-
dent McCall (5).
NOES: None.
ABSENT: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the official seal of said City this 2nd day of July, 1958.
SHIRLEY H. TENNIER,
(SEAL)
City Clerk of the City of Alameda.
Publish: July 4, 1958