Ordinance 2784CITY OF ALAMEDA ORDINANCE NO.
New Series
2784
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SECTION 30-
(DEFINITIONS), SUBSECTION 30-10 (C-COMMERCIAL MANUFACTURING
DISTRICT), SUBSECTION 30-11 (M-l , INTERMEDIATE INDUSTRIAL
(MANUFACTURING) DISTRICT), SUBSECTION 30-4.12 (M-, GENERAL INDUSTRIAL
(MANUFACTURING) DISTRICT), SUBSECTION 30-6 (SCHEDULE OF REQUIRED
MINIMUM OFF-STREET PARKING SPACE), AND BY ADDING SECTION 30.
(WORKLIVE STUDIOS) OF CHAPTER XXX (DEVEL OPMENT REGULATIONS)
BE IT ORDAINED by the Council of the City of Alameda as follows:
Section 1.Section 30-2. b. (Definitions) is hereby amended to add:
Work/live studio shall mean a commercial or industrial unit with incidental residentiaP
accommodations occupying one or more rooms or floors in a building primarly designed and use
for industrial or commercial occupancy and pruviding:
1. Adequate working space reserved for commercial or industrial use and regularly used for suc
purpose by one or more persons residing in the studio;
2. Living space as defined in Subsection 30.15.3.a. And in accordance with the provisions ofthi
Section.
Section 2.Subsection 30-10.c. (C-COMMERCIAL MANUFACTURING'
DISTRICT), is hereby amended to add:
14. Work/live studios subject to the requirements of Section 30.15.
Section Subsection 30-4.11.c. (M-, INTERMEDIATE INDUSTRIAL
(MANUFACTURING) DISTRICT) is hereby amended to add:
13. Work/live studios subject to the requirements of Section 30.15.
Section Subsection 30-12.c. (M-
(MANUF ACTURING) DISTRICT) is hereby amended to add:
GENERAL INDUSTRIAL
18. Work/live studios subject to the requirements of Section 30.15.
Section 5.Subsection 30-c. (SCHEDULE OF REQUIRED MINIMUM OFF-
STREET PARKING SPACE) is hereby amended to add:
3. Work/live studios- One and one half (1 1/2) parking spaces for up to 1 000 square feet of floor
area plus one half (12) additional space for every additional 500 square feet of floor area above the
first 1 000 square feet subject to compliance with all other applicable requirements. The provided
parking shall comply with the requirements of Section 30-7. This parking requirement may be
waived or modifiedsubject to the requirements of Section 30.15.4. d.
Section 6.Article I (Zoning Districts and Regulations) of Chapter XXX (Development
Regulations) is hereby amended by adding Section 30.15 (Work/Live Studios) to read:
SECTION 30.15:WORKIIVE STUDIOS
30.15.1 Purpose
The intent of this Section is to set forth regulations and standards for establishing and operating
work/live studios as a primar commercial/industrial use , in which the proprietor would be allowed
to reside as a secondar land use activity. The purposes of these provisions for work/live studios are:
To provide for and make feasible the reuse of existing commercial or industral buildings and
related sites in the Northern Waterfont and other specified commercial , manufacturing, and
industrial zoning districts as proposed in the Alameda General Plan;
To provide cost-effcient alternative work space that wil provide an incentive for
entrepreneurs , business owners , arists , artisans , and other individuals to continue to work
in Alameda and contribute to the City s economy;
To reduce traffic and associated adverse impacts on air quality, energy resources , and the
quality of life in the City by reducing the number and length of work-related trips by
employed Alameda residents;
To promote the preservation and reuse of commercial or industrial buildings that contribute
to the historic character of the community in a manner that is consistent with other
community goals and policies;
To allow activities that are compatible with and wil not compromise or interfere with
existing and potential industrial or commercial uses in the districts where such work/live
studios are established;
To ensure that work/live studios wil function predominantly as work spaces with incidental
residential accommodations that meet basic habitability requirements in compliance with
applicable regulations. No portion of any work/live studio shall be considered a "dwelling
as that term is defined in Sections 30-2 and 30-51.1.
To ensure that the exterior design of structures converted to work/live use reflects the
predominant industrial or commercial character of such buildings and wil be compatible
with adjacent commercial or industrial uses.
To ensure that , where there is adjacent residentially zoned land , changes to the exterior of
structures converted to work live are designed to make the commercial or industral building
being converted more compatible with the adjacent residential area.
30.15.2 APPLICABILITY
Work/live studios are only allowed in existing buildings that have been converted subject to
the approval of a Use Permit in the C-M (Commercial Manufacturing), M-I (Intermediate
Industrial (Manufacturing)), and M-2 (General Industrial (Manufacturing)) Zoning Distrcts
within the area bounded as follows: On the west: Sherman Street as projected norterly to
the Estuar; on the north: the Estuar; on the east: Tilden Way; on the south: Buena Vista
Avenue.
30.15.3 DEFINITIONS
The following definitions shall be applicable in this Aricle:
LIVING SPACE. That portion of a work/live studio that is used for residential purposes
including, but not limited to , a sleeping area , a food preparation area with reasonable work
space , and a full bathroom including bathing and sanitary facilities which satisfy the
provisions of applicable codes.
WORK/LIVE STUDIO. A commercial or industrial unit with incidental residential
accommodations occupying one or more rooms or floors in a building primarily designed
and used for industrial or commercial occupancy and providing:
Adequate working space reserved for commercial or industral use and regularly used
for such purpose by one or more persons residing in the studio;
Living space as defined in Subsection 30.15.3 a. and in accordance with the
provisions of this Section.
ADJACENT. Adjacent shall mean that properties share a common property boundary or
are directly across a street right -of-way.
30.15.4 DEVELOPMENT STANDARDS
MINIMUM FLOOR AREA. Each work/live studio shall include at least 1 000 square feet
of gross floor area.
PERMITIED FLOOR AREA. Not more than thirty (30) percent or 400 square feet
whichever is greater , of the work/live studio shall be reserved for living space as defined in
Section 30.15.3. The rest of the gross floor area of each work/live studio shall be reserved
and regularly used for working space.
SEPARATION REQUIRED. Each work/live studio shall be separated from other work/live
studios or other uses in the building. Access to each work/live studio shall be provided from
common access areas , common halls or corridors , or directly from the exterior of the
building.
PARKING. Each work/live studio shall have at least 1.5 parking for up to 1 000 square feet
of floor area plus one-half (12) additional space for every additional 500 square feet of floor
area above the first 1 000 square feet subject to compliance with all other applicable
requirements. The provided parking shall comply with the requirements of Section 30-
This parking requirement may be waived or modified if the following findings can be made
in addition to any other findings required by this Ordinance:
1. That the proposed parking will be adequate to meet the demand created by the project
given the character of the proposed uses; and
2. That a waiver or modification of parking requirements wil not , under the circumstaces
of the paricular project , either conflct with nor adversely affect commercial or industral
uses or adjacent residentially-zoned uses in the area where the project is proposed.
There shall not be less than two thousand (2 000) square feet of lot area for each work/live
studio.
30.15.5 ADDITIONAL REQUIREMENTS
USE PERMIT REQUIRED. Each building that contains work/live studios shall be subject
to a Use Permit , which shall include conditions of approval as required to assure adequate
standards of health , safety, and welfare and consistency with the purposes for work/live
studios set forth in this Chapter. Each work/live studio shall be subject to all conditions of
approval for the bui~ding in which it exists unless the Use Permit states otherwise.
WORKLIVE PERMIT REQUIRD. Each tenant or owner of an individual work/live studio
must obtain a Work/Live Permit prior to occupancy. Such permit shall be issued by the
Planning Director based on a determination that the proposed occupancy is consistent with
the approved Use Permit and all applicable requirements of this section. Application for a
Work/Live Permit shall be made to the Planning Deparment in writing on a form approved
by the Deparment and shall be accompanied by a fee as set by resolutiQn of the City Council.
DESIGN OF WORK/LIVE STUDIOS. Subject to all applicable building and fire code
requirements:
1. Work/live studios shall be designed to accommodate commercial or industrial uses as
evidenced by the provision of ventilation , interior storage , flooring, and other physical
improvements of the type commonly found in exclusively commercial or industrial
facilities used for the same work activity; and
2. Areas within a work/live studio that are designated as living space shall be an integral
part of the work/live studio and not separated from the work space , except that
mezzanines and lofts may be used as living space subject to compliance with other
provisions of this Article. Examples of ways to integrate the work space and living space
in compliance with this section include , but are not limited to-, the following:
(a)Doors or solid walls between the work space and areas used for living space
do not extend all the way to the ceiling, except for sanitary facilities and
rooms used primarily for sleeping;
(b)There is a single entrance to the work/live studio;
(c)There are no walls separating the food preparation area from the work space;
(d)Only the sanitary facilities and rooms designated for sleeping are enclosed
and all other portions of the living area are not separated from the work
space.
PERMITIED WORK ACTIVITY. The work activity in a building where work /live units
are allowed shall be any use permitted by right or use permit in the zoning district , except
that , in order to protect the health and safety of persons who reside in a work/live studio or
in a building which contains one or more work/live studios , no work activity shall be
permitted nor shall any work/live studio be established on any site that contains those uses
which the Planning Director when considering a Work/Live Permit or the Planning Board
when considering a Use Permit , finds would , by virtue of size , intensity, number of
employees or the nature of the operation , have the potential to create significant impacts by
reason of dust , glare , heat , noise , noxious gases , odor , smoke , traffic , vibration or other
impacts , or would be hazardous by way of materials , process , product or wastes including,
but not limited to: auto service/repair , vehicle sales or leasing, car washes , service stations
bars/lounges/night clubs, adult businesses , marine engine repair/refueling facilities , animal
kennels/ grooming/pet shops liquor stores veterinar offices/hospitals funeral
parlors/mortuaries , outdoor storage as a primar use , crematories/ columbaria , dismantling
facilities/scrap yards , public utility structures and facilities , tire sales/service , truck
stops/repair.
Uses allowed under the foregoing paragraph that may, depending on how they are operated
also have the potential to generate impacts or would constitute a change in occupancy under
the building code shall not be approved unless the Planning Director finds that as proposed
to be conducted , or as modified by conditions of Use Permit , they would not conflict with
or adversely affect existing work uses in the building and in the area where the work/live
studio is located. No use shall be approved where , given the design or proposed design of
the work/live studio, there would be the potential for adverse health impacts from the
proposed use on the people residing in the studio. An example of a potential heal impact is
the potential for food contamination from uses which generate airbome pariculates in
studio with an unenclosed kitchen.
Retail activities must be accessory and subordinate to any permitted commercial or industral
work activity in buildings used exclusively for work/live studios.
NO SEP ARA TE SALE OR RENTAL OF PORTIONS OF UNI. No portion of a work/live
studio may be separately rented or sold as a commercial space for a person or persons not
living in the premises or as a residential space for a person or persons not working in the
same studio..
BUSINESS LICENSE REQUIRED. At least one occupant of each work/live studio shall
maintain a current City of Alameda business license for a business located in that studio.
MIXED OCCUPANCIES. If a building contains mixed occupancies of work/live studios
and other non-residential uses , occupancies other than work/live shall meet all applicable
requirements for those uses , and proper occupancy separations shall be provided between the
work/live studios and other occupancies , as determined by the Building Official.
NOTICE TO OCCUPANTS REQUIRED. The owner or developer of any building
contaning work/live studios shall provide wrtten notice to all work/live occupants and users
that the surrounding area may be subject to levels of noise , dust , fumes , or other effects
associated with commercial and industrial uses at higher levels than would be expected in
residential areas. State and Federal health regulations notwithstanding, noise and other
stadards shall be those applicable to commercial or industral properties in the distrct where
the project is located. For purposes of noise control , work/live studios shall be classified as
commercial property under Table II in Section 4-10.4 of the Alameda Municipal Code.
CHANGE OF USE FROM WORK-LIVE STUDIO. No work/live studio shall be changed
to exclusively residential use in any building where residential use is not permitted , where
two or more residential units already exist , or where the conversion would produce more
than two attached dwellngs. The conversion of an existing work/live studio to exclusively
nonresidential use is permitted when the conversion meets all other applicable zoning and
building code requirements for the proposed use. Such a change shall be subject to all
applicable requirements for the district where the proposed dwellng unit is located.
INCREASE IN RESIDENTIAL USE. No work/live studio shall be changed to increase the
floor area devoted to residential use without review and approval of the Planning Director.
In no case shall the floor area devoted to residential use be increased to more than 400
square feet or thirty (30) percent of the gross floor area of the unit whichever is more.
ADDITIONS TO BUILDING ENVELOPE. No modifications shall be made to the exterior
of a building proposed for or in current use as a work/live occupancy that would result in
a substantial increase in the building envelope resulting in an increase in the existing gross
floor area of more than ten percent (10%) in any five (5) year period outside the exterior
walls or the outer surface of the roof of the building as it existed at the time of conversion
to work/live studios. All changes to the exterior of work/live structures shall comply with
the purposes set out in Subsections 30.15.1 g and h and with the required finding set out in
Subsection 30.15.6 d. New floors or mezzanines that are established within the original
building envelope shall be permitted and shall be considered as par of the existing floor
area for purposes of this section.
If there is adjacent residentially zoned land , then the expansion of the building envelope
shall be the minimum necessary to comply with health and life safety requirements and
minimum habilitability requirements.
DEED RESTRICTION REQUIRED. The owner of each work/live studio or each building
containing work/live rental studios shall record a notice on the property specifying the
limitations of use and operation included in the Use Permit.
ON-PREMISES SALES. On-premises sales of goods is limited to those produced within
the work/live studio. Retail sales of goods produced within the work/live studio shall be
incidental to the primary work use in any building used exclusively for work/live
occupancy. 'These provisions shall pelmit paricipation in occasional open studio programs
and gallery shows.
NONRESIDENT EMPLOYEES. Up to two (2) persons who do not reside in the work/live
studio may work in the studio unless such employment is expressly prohibited or limited
by the Use Permit because of potential detrimental effects on persons living or working in
the building or on commercial or industrial uses or residentially-zoned areas in the vicinity
of the subject property. The employment of three (3) or more persons who do not reside in
the work/live studio may be permitted subject to a Use Permit based on additional findings
that such employment wil not adversely affect traffic and parking conditions in the area
where the work/live studio is located. The employment of any persons who do not reside
in the work/live studio shall be subject to all applicable Building Code requirements.
CLIENT AND CUSTOMER VISITS. Client and customer visits to work/live studios are
permitted subject to any conditions that may be imposed by the Use Permit in order to
ensure compatibility with adjacent commercial or industrial uses or adjacent
residentially-zoned areas.
LANDSCAPING. Where a building to be converted to work/live use is adjacent to
residentially zoned land , screening landscaping shall be provided and maintained as a buffer
between the work/life building and adjacent residentially zoned land where feasible in light
of building setbacks , existing and required parking and whether there is land available along
the property boundary.
HAZARDOUS/TOXIC MATERIALS. A Phase I Environmental Assessment for a site
proposed for work/live occupancy, including but not limited to an expanded site
investigation to deteITine whether lead based paint and asbestos hazards exist , is required
to be submitted as par of the application for a Use Permit. The purpose of this requirement
is to assess whether there are any hazardous or toxic materials on the site that could pose
a health risk. Where the Phase I shows that there are potential health risks , a Phase 2
Environmental Assessment shall be prepared and submitted to determine if remediation
may be required.
30.15.6 FINDINGS REQUIRED
In addition to any other findings required by Section 30-21., the approval of any Use Permit
required under this Chapter shall require a finding that the proposed use is consistent with
the purposes for work/live studios set forth in Section 30.15.1 with respect to the
circumstaces and conditions of the subject propert. The following additional findings must
also be made:
The proposed or existing use of each work/live studio is a bona fide
commercial or industrial activity consistent with Section 30.15.5(d);
The establishment of work/live studios wil not under the circumstances
conflct with nor inhibit industrial or commercial uses in the area where the
project is proposed;
Any building containing work/live studios and each work/live studio within
the building has been designed to ensure that they wil function
predominantly as work spaces with incidental residential accommodations
meeting basic habitability requirements in compliance with applicable
regulations;
Any changes proposed to the exterior appearance of the building wil
compatible with adjacent commercial or industrial uses where all adjacent
land is zoned for commercial or industrial uses. If there is adjacent
residentially zoned land , then the proposed changes to the building shall
make the commercial or industrial building being converted more compatible
with the adjacent residential area.
Section 6.Severability Clause. It is the declared intent of the City Council of Alameda that
if any section , subsection , sentence , clause, phrase, or provision of this ordinance is held
invalid or unconstitutional by a court of competent jurisdiction , such invalidity or
unconstitutionality shall not be so construed as to render invalid or unconstitutional the
remaining provisions of this ordinance.
Section 7.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.
Attest:
City Clerk
******
, 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 assembled on the.. day
December , 1998 , by the following vote to wit:
AYES:Councilmembers DeWitt, Kerr and Lucas - 3.
NOES:Councilmember Daysog and President Appezzato - 2.
ABSENT:None.
ABSTENTIONS:None.
IN WITNSS , WHEREOF, I have hereunto set my hand and affxed the offcial seal of said City
this 2nd day of December , 1998.
Diane Felsch, City Clerk
City of Alameda