Ordinance 1693Ordinance No. 1693
Amending the alameda municipal code by adding chapter 4 to title 11 thereof consisting of articles 1, 2, 3 and 4, sections 11-411 through 11-444 prohibiting multiple dwelling unites in city defining terms exclusions declaring policy and intent containing findings and determinations and stating operative effects of charter article 26 (urgency measure)
(4) that in order to put Into full ef-
fect the sold lament of the electorate
In adding said sections to the
CITY OF ALAMEDA
Charter, It Is necessary to clarify the
wording thereof by defining the
Phrase, "multiple dwelling units,"
so that legislative policy will be
followed In the implementation and
a �drninistration of said amendment
Ordinance
No.
1693
as applied to specific residential
housing sou ht to be constructed
New Series
within the City,
AMENDING THE E A LA M E A
Sec. 11 - 412. Declaration of Intent,
MUN ICIPAL CODE BY ADDING
and Determinations. The City Coun-
CHAPTER 4 TO TITLE X1 THEREOF,
cii further finds and determines
CONSISTING OFA TICLE 1,2,3ANO
that, insofor as they are consistent
4, .SECTIONS 11 -411 THROUGH 11.444
with the provisions of this Chapter,
PROH18ITINO MULTIPLE'
the zoningzandsubdi'v .sionregula-
DWELLiNG UNITS IN CITY, DEFIN-
tions (found In Chapters 1 and 3 of
INN TERMS, EXCLUSIONS,
this Title XI), and the provisions of
DECLARING POLICY AND INTENT,
the General Flan, shall be and
CONTAINING FINDINGS AND DE-
remain applicable in their effect
TERMINATIONS, AND STATING
upon multiple dwelling units per-
OPERATIVE EFFECT OF CHARTER
mItted to be built under said Charter
ARTICLE XXVI (URGENCY
ArticleXXVl,
MEASURE)
Article 2.
BE IT ORDAiNED BY THE COON-
Definitions and Exclusions
CILOFTHE CITY OFALA DAthat:
Sec 11 - 421. Detinit€ons. For the
Section I. Chapter 4, consisting of Ar-
r°urposes f sec. 26-1, Article XXVI of
the Charter, and thi the
titles 1, 2,3 and 4, and Sections 11 -411
through 11-444, is hereby added to Title
following definitioons ns shall
Sll l be
XI of the Alameda Municipal Code, to
read:
applicable:
(a) 'Dwelling Unit ": A group of
rooms, Incl uding one kitchen, a bath
CHANTER. 4. MULTIPLE
and sleeping Qvarters, designed for
DWELLING UNI"T"S" �
and not occupied by more than one
family;
(Article XXV 1, Charter)
Article 1. Policy and Declarations
(b) "Multiple Dwelling Units ": A
Sec. 11.411. Declaration o Policy,
residential building, whether a
Article XXVI, an initiative
amendment to the City's Charter,
single structure or consisting of at-
toched or semiattached structures,
provides:
designed, intended or used to house,
or for occupancy by, three or more
"Sec. 26-1. There shall be no
multiple dwelling units built In
families, or living groups, living
independently of each other, locat-
the City ofAlameda,
ed in districts or zones authorized
"Sec. 26 -2. Exception teeing
the Alameda Housing Authority
therefor. Each such family or group
is deemed to occupy one such
replacement of existing low cost
housing units and the proposed
dwelling unit;
(c) 'Dwelling ": a building or
Senior Citizenslow cost housing
complex, pursuant to Article
portion thereof designed
excluslveiy for residential oc-
XXV Charter of the City of
Alameda."
cupancy, but not including hotels,
motels, boarding houses, lodging
houses, or house trailers, If the lat-
The City Councll declares and de-
ter five entities are located in
termines:
approved districts or zones,
(a) the proliferation throughout
the City of residential dwellings in
(d) "Attoched Dwelling- A
dwelling which is Joined to another
attached groups o more than two
dwelling at one or more sides by a
units has created and, It continued,
common wall or wallsor other com-
will further create, land use densi-
►man features. Such dwelling unit Is
tiesand other undesirable effectsto
semiattached it it Is characterized
a degree which affects adversely the
by a common wall only (ground to
environment and the quality of liv-
roof) between similar units on one
Ing conditions necessary to and
or both adjoining lots;
desirable bythe people. Forthisand
(e) Detached Dwelling ': A
other reasons said Charter amend-
dwelling which is entirely surround -
ment should be Interpreted in ac-
ed by open space on the same single
cordance with the Intent of the
lot of record, the amount of which
framers thereof, which Intent is
space corresponds to the regula-
hereby found to be a prohibition
tions set forth in Chapters 1 and 3
againsttheconstructionofdwelling
herein above. Such dwelling unit
units of more than two attached In
has no common wall, ceiling or fea-
the some structure as hereinbeiow'
setforth;
ture with any other simllor unit,.and
is designed and intended for oc-
cupancv
Alameda it Ordinances C)rcji e cri 1693 J New Stsie4
(f) "Row Dwellings ": A row of at-
tached or semiattached dwellings
containing three or more dwelling
units, or a building in such o row, the
structures. containing which
dwellings are connected in series.
The characteristic of such struc-
tures is the common wall between
them, whether or not they are locat-
ed on single andseparate lots.
A ''townhouse'' or any other
designation of this type of structure
is a row dwelling if there are more
than two such units so connected.
(g) "Destroyed Structure ": A
residential building containing
multiple dwelling units which is
damaged to the extent of more than
seventy percent (70%) of its value,
or destroyed, by an accidental cir-
cumstance, including vis major,
act of God, irresistible and in-
superable cause occurring without
the intervention of the owner or his
agent, earthquake, lightning,
storm, flood, fire caused by on out-
side or unavoidable means, enemy
action, Insurrection, riot, calamity
caused by the elements, or other
destruction reasonably beyond the
control of the owner or his agent.
Sec. 11 -422. Included Definitions.
Words, phrases, designations and
uses not hereinabove specifically
defined shall have the meanings
ascribed to them by Article 2 of
Chapter 1 of this Title (consisting of
Sections 11 -121 through 11- 1247).
Sec. 11 -423, Multiple Dwelling
Unit — Exclusions. Multiple
dwelling units, construction of
which is prohibited by this Chapter
and by said Article XXVI of the
Charter, shall not be deemed to
mean or include:
(a) Dwelling, one - family;
(b) Dwelling; two - family;
(c) Dwelling units, not more than
two in number, In combination with
a business, commercial or profes-
sional structure, provided said
combined uses are located within
an authorized district or zone;
(d) Row dwellings, row houses,
"townhouses," or similar types,
provided no more than two such
units are connected or attached;
(e) Hotels and motels designed
for transient occupancy only, and
boarding houses and lodging
houses.
Seca 11 -424. Permits or En-
titlements Issued. Applications
Therefor. Pending. If, prior to the
effective date of said Charter
amendment, the City has Issued a
building Permit or other en-
titlement for a multiple dwelling
unit, or has duly approved a Plan
for a Project containing or to con-
tain such a unit, the Permittee
thereunder shall be deemed to have
acquired a vested right to construct
or reconstruct such structure, unit
or plan; Provided, however, no
substantial changes may be made
in any such development without
complying with this Chapter.
If, prior to said date, a person had
applied for a building permit for a
structure or project containing a
multiple dwelling unit, and had
submitted the plans required by the
Building Code or other regulations,
and such plans in the opinion of the
Building Official require no sub-
stantial changes, corrections, dele-
tions or additions, the Council may
authorize the issuance of the permit
if It finds the applicant has in good
faith incurred expenses in reliance
upon his submission of the oppiica.
tion for a permit.
ARTICLE 3.
Unassigned
ARTICLE 4,
Multiple Dwelling Units
Prohibited
Sec. 11 -441. Charter Amendment
Operative. From and after the et-
fective date of Article XXVI of the
City Charter there shall be no mul-
tiple dwelling units built In the City
of Alameda, except as provided in
Section 26 -2 of said Article.
Sec, 11 -442. Building Permits.
There shall be no building permits
or other entitlements issued by the
City for the construction of any
multiple dwelling unit within the
City, and no application or plan for
any project which contains, or
proposes to contain, such unit shall
be approved by the City or any of its
officials, employees or depart-
ments.
Sec. 11 -443. Exception. Destroyed
Building. A building Permit may,
notwithstanding the immediately
Preceding section, be issued for the
rebuilding of a destroyed structure
as defined in Section 11- 421(8), and
S , Jd structure, or any Part thereof,
may thereupon be rebuilt; Provid-
ed, however, that If such structure
before being destroyed: constituted
a nonconforming use on the land on
which it was located, the structure
may be so rebuilt or replaced only
to the extent permitted by the
regulations of the district covering
said location in effect at the time of
destruction, all as provided for in
Section 11 -154 of the Code relating
to restoration of nonconforming
building uses.
This section shall not affect the
appiicability of Section 104, Alam-
medo Building Code, regulatingad-
ditions; alterations and repairs to
buildings and structures.
Sec: 11 -444. Applicability, The
Prohibitions in this Article con -
tained shall be subject to each and
every provision otArticiesl, 2 and 3
of this Chapter, and the declara-
tions, findings, definitions,
exclusions and other provisions of
this Chapter shall govern the
applicability of this Art €c €e 4.
Alameda City Ordinan, No. 1693
y 4
Section 2. This ordinance Is one of
great necessity and urgency within the
meaning of Section 3 -12 of the City
Charter, Is Introduced and passed at the
some Council meeting, and shall
become effective on May 29, 1973.
Section; 3. The facts constituting the
necessity and urgency of this ordinance
are:
The provisions hereof are designed to
better achieve the obiectives and will
of the electorate, expressed at the
March 13, 1973, General Municipal
Election, In Initiating Article XXVI as
an amendment to said City Charter, by
clarifying existing uncertainties and
ambiguities as to the meaning of the
phrase, "multiple dwelling units," and
the permit requir=ments on existing or
pending structures or proiects, In said
Article XXVi. In order that said
amendment be interpreted,
Implemented and administered in an
orderly and valid manner, It is neces-
sary and urgent that the provisions of
this ordinance become effective lm-
mediateiv.
TERRY L.ACROIX,.1R.
Presiding Officer
of the Council
Attest:
ETHEL. M. PITT
Deputy City Clerk
1, the undersigned, hereby certify
that the foregoing Ordinance was duty
and regularly adopted and passed by
the Council of the City of Alameda In
special meeting assembled on the 29th
day of May, 1973, by the following vote,
to wit:
AYES: Councilmen Seckam, Corica,
Hurwitz, McCall and President La
Croix, Jr. (5).
NOES: None.
ASSENT: None.
IN WITNESS WHEREOF, I have
hereunto set my hand and affixed the
off iclaI seal of said City this 30th day of
May, 1973.
(SEAL.)
ETHER M. PITT
Deputy City Clerk
of the City of Alameda
No. lib — Publish .tune 1, 1973