Ordinance 1653Ordinance No. 1653
ces
New Series
CITY OF ALAMEDA ORDINANCE NO- 1653
AMENDING THE ALAMEI}A r1. CIPAL ' CODE BY AMEND-
ING. SECTIONS 11 -1353 THROUGH 11 -1357 THEREOF, AND
ADDING SECTIONS 11 -1358 THROUGH 11- 1358.13 THERETO,
RELATING TO PLANNED DEVELOPMENT COMBINING ZON-
ING DISTRICTS
BE IT ORDAINED I3Y THE COUNCIL OF THE CITY
OF ALA EDA:
Section 1. That Sections 11- 1353 through 11 -1357 of the
Alameda Municipal Code are hereby amended, and Section
11-1358 and Sections 11-1358.1 through :'11- 1358.13 are hereby
added to the Alameda Municipal Code, to read as follows:
P -D, PLANN ED D EV ELOPM ENT COMBINING
DISTRICT ;.REGULATIONS
Sec. 11 -1353: , Statement of Purpose. The purpose of
the Planned Development regulations is to ereate a. more
desirable environmental quality for people to live in than
would be "possible through the : strict ;`application of the
requirements of this Article; to encourage the : most
creative approach possible in the development of land
in the City; to encourage a more efficient, aesthetic and
livable use of all areas of the . City; and to encourage a
positive variety in the physical development patterns of
the City.
Sec, 11- 1354, Planned Development District Defined.
The Planned Development - Combining District is hereby
established as a zoning district." classification and may
be :referred to as P-D.. The District is a combining district
and `shall not in any event constitute the exclusive zoning P
of any territory. Whenever any territory is zoned
the P -I3 zoning shall be combined with a base district
zoning for every part of the subject territory, provided
however, that each part of the subject territory need not
have the same base district zoning. As used in the
preceding sentence, "base district" :means one of the
zoning districts listed in Section 11 -1149 of this Chapter.
The eneral rule set forth in Article 4 -A shall apply in
all P -D Combining Districts.
Sec. 11.1355. General Standards Governing Approval.
The Beard shall approve a Planned 'Development only
if it finds that each of the following standards is met:
(a) The Planned Development is in furtherance ; or M.
lementation of the General Plan.' If the development
is considered desirable in the public interest, but is
in conflict with the General Plan, amendment of the
General Plan shall first be made.
(b) The Planned: Development is an effective and unified
treatment of the development possibilities on the
project: site. :: and the development plan males ap-
propriate provision for the ;preservation of . the _en•.:
vironment affected by the developme nt.
(c) The Planned Development is planned and developed
to harmonize with any existing or proposed develop -
nient in the Immediate neighborhood.
Sec. 11.1356. Q ialifving Roouireinents.
(a) . Ail areas of the City zoned Planned Development shall
be developed or redeveloped under the Planned
Development process.
(b) No Planned Development may include less than two
acres . of contiguous land unless the Planning Board
finds that a tract containing ess than two acres is
suitable as a Planned `Development by virtue of its
unique historical character, topography, natural land-
scape features, location adjacent . to other Planned
Developments, parks or water areas, or locations
requiring special treatment or protection.
(c) In order to assure developments of the quality desired
by the City, ? professional talents of qualified ` urban
panners, registered landscape architects, registered
architects, registered engineers, and /or licensed : land
surveyors shall be utilized in different stages of the
preparation necessary to effect a Planned Develop -
ment. A ; qualified urban planner shall be defined as
a planner holding a full membership in the American
institute cit teanners or a planner authorized by the
State Planning Advisory Committee to work: on com-
prehensive general plan programs. Other professionals
listed above shall b considered qualified if they are
licensed by or registered with the State of California.
Sec.. 114357. Uses 1=trmitted in Planned Development
Areas.
(a) The following uses shall be permitted in any Planned
Development District in which. a residential density
increase is proposed over that allowable in the underly-
ing zone;
(1) Uses permitted in the District with which the
Planned Development District is combined:
(2) Uses requiring Use Permit in the District with
which the Planned Development District is com-
bined:
(3) The following retail business uses:
(a) Banks, savings and loan associations:
(b. Barber and beauty shops;
(0. Book stores and rental libraries;
d. Pharmacies;
e, Florist shops;
f. Food stores; . .
g. Laundry and cleaning agency outlets only,
with no cleaning, spotting, or other similar
work'. performed on the premises;
(h. Liquor stores, package only;
(1. Restaurants, snack bars, lunch counters,
excluding drive -in fa cilities• .
(j. Similar uses which, ; in the opinion of the
Planning 13oard,.fit the intent of this section.
(b) The following 'additional uses shall be permitted in
any Planri.ed Development in which no residential
density increase is ,proposed over that. allowable in
the underlying zone;
(1) All uses permitted in the C- 1District.
(c) All uses within Planned Development: projects shall
be intended for the primary use and convenience of
occupants of the development and their guests. All
uses permitted by (3) and (b) above shall:
(1) Be located within; a multiples dwelling, : an ad-,
ministration building for the Planned Development
or a building providing( community'. facilities : for
the exclusive use of the ;occupants of . :the
development' and their guests;
(2) Have no business signs or displays visible . from
the outside of the building in which they are
located, which are not acceptable to the Board;
(3) Have a . total area which does not exceed five
percent; (5%) of the gross floor area of all
dwellings within the development;
(4) Have no single establishment with more than 1.500
square - feet of floor area
Sec. 11-1358. Permitted Use in Non- Residential Planned
Development Districts. The following uses shall be per -
mitted in any non- residential Planned Development.
District:
(a) Uses permitted in the District with which the
Planned Development District is combined;
(b) Any other use to the extent that the Planning
Board finds it to be, compatibly and harmoniously
incorporated into the unitary cf sign of the Planned
Development.
Sec. 11- 1358.1. Calculation of Residential . Densities. The
number of dwelling units which may be constructed within
a residential Planned Development shall be determined
by dividing the net project area by the required lot area
per "dwelling unit which is required in the district with
which the < Planned Development District is combined, then
adding or subtracting bonuses as provided herein.
Sec.: 11. 1358.2. Determination of Net Project Area. The
net project area includes all of the land with n. the Planned
Development which is allocated for residential uses, or
for common : opens ace. Land dedicated for streets and
land to be occupied. by :commercial and related uses is
to be excluded from':the net project area.
Sec. 11- 1356.:J. Ylannea Development in more l nan vile
District, If the Planned Development is in more than one
zoning district, the number: of allowable dwelling units
must be separately_' calculated for each .portion of the
Planned Development that is in a separate zone, and must
then be combined to determine the number of dwellin.g
units allowable in the entire Planned Development..
However, the distribution of dwelling units and lot sizes
within the Planned Development need not be affected by
existing zoning district boundaries.
Sec. 114358.4. Incentive Density Increases. Design,
character, identity, and architectural siting :variations
incorporated into a development shall be considered cause
for population density and building intensity increases
(which shall include building; height not to exceed fifteen
percent (15% ) of that allowable . in the zone 'underlying
the application, provided they make a substantial con -
tribution to the objectives of a Planned Development. The
degree of distinctiveness and desirable variation achieved
shall govern the amount of density/intensity increase which
the Planning Board may approve.
The Planning Board shall consider three major design
features of each project when .considering > incentive density-
increases. The Board . may grant :up to five percent (5%)
increase in density for each of the three major: design
areas which follow. Some specific design features are in-
cluded under each of the three major headings to aid
in the consideration of each project's merit.
(a) Landscaping (Maximum increase of five' percent
(5%).
1) Streetscape for this area,
2 Open space and plazas;
3 Use of existing landscape;
4 Pedestrain way treatment;
5 Recreational areas.
(b) Siting (Maximum increase of five percent (5%);
1)" Visual; .
2 Use of existing features (water, etc.);
3 View;
4 Sun and wind orientation;
5 Circulation pattern;
6 Physical environment;
7 Variation in buildingsetiracks;
8 , Building groups (clusters, etc.).
(c) Design features (Maximum increase of five per-
cent (5%); .
11) : Street sections;
2) Architectural style;
31 Harmonious use of material s__
4) Parking area broken by landscape;
);' Varied use of house; types, .e.g., atrium . or
court, townhouse, maisonette attached,
terrace, tower, etc.
Sec. 11-1358.5. Density Limitations. If the Planning
Board finds that any of the following conditions would
be created by a proposed Planned ; Development, it ; may
either (1) prohibit any increase in density,; or (2) decrease
the basic density allowance by up to fifteen percent (15%)
in order to avoid the creation of any . of these conditions:
(a) :Inconvenient or . unsafe access to the Planned
Development;
(b) Traffic congestion in the streets which adjoin the
Planned Development;
(c) Excessive burden on parks, recreational areas,
schools, and other public facilities which serve ' the
Planned Development.
Sec. 11- 1358.6. Pre- application Conference. Before
submitting an application for a Planned Development
permit, the applicant is urged to confer with the Planning
Department to obtain information, : assistance and ap-
plication:
Sec. 11-1358.7. Application Fee.
{a) ,A fee of $100 plus $1.00 for each five dwelling units
and/or a fee of $1.00 for every 3;000 square feet of
gross non- residential :;floor area shall be charged for
an application fora Planned Development permit:
(b) A fee of one -half that prescribed in (a) shall be
charged for an :application for major moification or
amendment of an approved preliminary development
plan and all major modifications shall be processed
pursuant to Section 11-1358.9.
ACS. 11- 1358.8. Preliminary Development Plan.
(a) An applicant . seeking approval of a Planned Develop-
ment shall submit a preliminary development plan
with the application. The 'preliminary development
plan must include all of the following information:
(1) A plot plan showing street systems, lot lines and
lot designs;
(2) Areas proposed to be conveyed, dedicated, or
reserved for parks, pparkways, play rounds,
school sites, public buildings, . and similar public
uses, or :similar facilities proposed for common
ownership or use;
(3) A plot plan for each building site and common
open area, • showing the approximate location of
all buildings, structures, and improvements, the
uses proposed, for each building including mixed
uses, and an indication of open spaces around
buildings and structures:
(4) Elevation or perspeetiveitlrawings or a scale model
of all proposed structures and improvements ex-
cept single - family residences and their accessory
building s. This submission need not be the result
of final architectural decisions and need not be
in detail;
-(5i) A ; development schedule indicating (1) the ap-
proximate date when construction of the project
can be expected to begin; (2) the stages in which
the project will be built and the approximate date
when construction' of each stage can be expected
to begin; (3) the anticipated rate of development;
(4) the approximate dates when the development
of each of the stages in the development will be
completed; and (5) , the 'area %;anti location of
common open space that will be provided at each
stage;
(6) An outline of the proposed agreements, provisions,
or, covenants, if any, which will govern the use,
maintenance, and continued protection of the
planned development and any of its common open
areas;
{7) The following plans and diagrams, insofar as the
Planni rig Board finds that planned development
creates special problems of traffic, parking, _lancl-
scaping or economic feasibility;
(a. An off- street parking and loading plan;
(b. A circulation diagram indicating the proposed
movement of vehicles, goods, and pedestrians
within the planned development and to and
from - existing thoroughfares. Any special
engineering features and traffic regulation
devices needed to facilitate or insure the
safety of this circulation pattern must be
shown;
(c. A landscaping and tree planting plan;
(d. Any additional information necessary to
complete the review of the application.
Sec. 11-1358.9. Approval of Preliminary . Development
Plan.
(a) The Planning Board shall give notice of a public
hearing to be held on the preliminary plan before
the Board. Notice of public hearing s .all be given
at least 10 days before the date of said hearing by
posting public notices thereof on the property involved,
by notifying all property owners within 300 feet of
the frontage corners of said property by postal card
and by publication thereof in a newspaper of general
circulation within the City. All preliminary develop.
meat ' plans shall be filed at least 15 days prior to the
public hearing;
(b) within :30 days following public hearing the Board
shall approve . or disapprove the preliminary
development plan or approve the preliminary .
development plan with modifications. If the Planning
Board fails to act on the preliminary development
plan within 30 days of the public hearing such inaction
shall constitute approval. However, the Pla.nning.Board
may, at its discretion, extend the 30 -day time period
up to 60 days.
(c) Following Planning Board action, :a summary of its
findings shall be transmitted by the 13oard to the City
Council for its review. The Council shall act only on
those proposals .which are affected by Section 11- 1:358.4
of this Article by either approving the Planning Board's
action or referring the ;proposal back to the Planning
Board for reconsideration.
Sec, 11- 13513.10. approval or Final Development Plan..
In plans not requiring subdivision of land or area pursu-
ant to the State Subdivision Map Act and local subdivision
regulations in tnis t ;oue, a final development plan snail
be filed without fee by an applicant for all plans involving
more than two acres in area. The plan shall contain in
final form the information required in the preliminary
plan. The Planning Director shall, and the Planning Board
The Planni its ng ng review all
the Planning Board shallia
the final development 'Ilan if it is in substantial approve
com-
pliance with the approved preliminc.rydevelop:ment plan.
If the final development plan is not in comnliance
with the preliminary development plan, the final
development plan shall be processed pursuant to Section
114358,9.
Sec. 114358.11. Modification or Amendment of Ap-
proved Plan. .An applicant may request amendment or
modification to a previously approvecl preliminary or final
development " plan by submitting - said : amendment or
modification to the Planning Board for consideration as
specified in Section 11- 1358.9 or Section 11- 1351.10.
Sec. 11- 1358.12. Termination and Transferability. A
Planned Development permit shall terminate one year
from the effective date of its granting r.inl::,ss actual
construction has begun under valid building and other
permits within such period. The Planned Development
permit shall not be transferable by the permittee to any
other person without .Planning Board approval. Extension
of the one year time limit may be granted at the Planning
Board's discretion.
The final plan shall, upon acceptance by the City,
became a part of . the City . Zoning Map for the parcel
covered by the final plan. The approved final development
plan shall control the nature, ;size, location, and character
of any and all - uses proposed for the site covered by the
final development plan, The owner shall, upon approval
of the final plan, record with the Count Recorder -a
plan document showing iterns(a), (1), (2) and 3) of Section
11- 1358,8 in final form and a copy of the Boa s approving
resolution.
Sec. 11- 1358.13. Staging Limitations. If a Planned
Development contains non- residential uses, these uses may
be constructed first only if the Planning Board finds that
the non- residential uses are consistent with : the General
Plan even though the residential' area of the Planned
Development is not built or completed.
The Planning Board shall not approve the final
development . plan for any stage of the .Planned= Develop-
ment if the average of the allowable dwelling units per
stage, up to, and including the stage which is to be ap-
proved, exceeds by more , than ten percent : (10 %) the
average number of dwelling units per stage which is
allowable for the entire planned development.
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.
TERRY LA CROIX, JR,
Presiding Officer of the Council
Attest:
IRMA L. NELSON
City Clerk
I, the undersigned, hereby certify that the fc reg,>i.ng Ordi-
nance was duly and regularly adopted and passed the
Council of the City of Alameda in regular meeting assembled
on. the 2nd day of November, 1971, by, the following vote, to
wit:
AYES: Councilmen Fore, Longaker, McCall and President
La Croix, Jr., (4.)
NOES: .None,
ABSENT: Councilman Levy, (1).
IT, WITNESS WHEREOF', I have hereunto set my hand
and affixed the official seal of said City this 3rd day of
November, 1971.
(SEAL)
IRMA L. NELSON
City Clerk of the City of AlaanedE
A -424 — Publish Nov. 5, 1971