Loading...
Ordinance 2920CITY OF ALAMEDA ORDINANCE NO. 2920 New Series AMENDING THE ALAMEDA MUCIPAL CODE AMENDING VAROUS SECTION OF CHAPTER XXX (DEVELOPMENT REGULATIONS) BE IT ORDAIND by the Council ofthe City of Alameda that: Section 1.Section 30-2 (Definitions) of Aricle I (Zoning Districts and Regulations) of Chapter XX (Development Regulations) are hereby amended by adding or revising the following definitions: 30-DEFINITIONS. Add a new definition to Section 30- Bay Window shall mean an architectural projection built out from a wall, withwindows and without any, or very limited, solid wall area on the longest wall of the projection itself. Conditioned Space shall mean that portion of a residential strcture , measured as floor area, which is defined as "conditioned space" by the California State Energy Regulations (i.e. all floor areas included in Title 24 calculations). Day care center shall mean a non-residential business or institution that provides care for persons on less than a twenty-four (24) hour basis , that is licensed by the State of California, and includes nursery schools , preschools and day care centers for children or adults , but excludes smaller residential facilities conforming to the Family day care, Large and Family day care , Small definitions. Dormer shall mean an architectural projection built out from a sloping roof and typically houses a vertical window or ventilation louver. .. A dormer can be furtherdefined by the type of roof on the projection itself, and includes the terms gable donner , hip dormer, shed dormer (which is also known as a "monitor ) and eyebrow dormer. Driveway shall mean a paved , or alternate all weather surface as approved by the City Engineer, that provides access from a publicly accessible travel way to parking and/or loading spaces that are located in conformance with subsection 30-8: Location of Parking Spaces and Prohibited Parking Area. Family day care, Large shall mean the care and supervision of more than six (6) but less than fifteen (15) children in a provider's own home, on a less-than-twenty-four (24) hour basis and includes only those facilities licensed by the State of California (but excludes smaller facilities that conform to the definition of "Family Day Care Small" - which may provide care for up to eight (8) children , if certain conditions are met). Large family day care homes are mid-scale operations , intended to provide service for a limited number of children in a residential setting, as prescribed by the State of California. Such limits to number of children are as follows , or as prescribed by changes to State code subsequent to (date of code adoption): A "Large family day care home" - H&SC I 596.78(b)) provides family day care for seven (7) to twelve (12) children , and up to fourteen (14) children, if all the following conditions are met (H&SC 1597.465): a) at least two (2) of the children are at least six (6) years of age; b) No more than three (3) infants are cared for during any time when more than twelve (12) children are being cared for; c) The licensee notifies each parent that the facility is caring for two (2) additional school age children at the time there may be up to thirteen (13) or fourteen (14) children in the home at one (1) time; d) The licensee obtains written consent of the property owner when the family day care home is operated on the property that is leased or rented. These limits are inclusive of children under the age of ten (10) years who reside at the home. Family day care, Small shall mean the care and supervision of a very limited number of children in a provider s own home , on a less-than-twenty-four (24) hour basis and includes only those facilities licensed by the State of California, (but excludes larger facilities that conform to the definition of "Family Day Care , Large ). Such limits to number of children are as follows , or as prescribed by changes to State code subsequent to (date of code adoption): A "small family day care home" - H&SC 1596.78(c)) is limited to six (6) children; but may serve up to eight (8) children, without an additional adult attendant, if all the following conditions are met (H&SCI596.44): a) at least two (2) of the children are at least six (6) years of age; b) No more than two (2) infants are cared for during any time when more than six (6) children are being cared for; c) The licensee notifies each parent that the facility is caringJor two (2) additional school-age children at the time there may be up to seven (7) or eight (8) children in the home at one time; d) The licensee obtains wrtten consent of the property owner when the family day care home is operated on the property that is leased or rented. These limits are inclusive of children under the age often (10) years who reside at the home. Habitable Space shall mean a space in a strcture for living, sleeping, eating or cooking, and that complies with the applicable A.B.c.'s minimum requirements for habitable space , which include but are not limited to requirements for insulation heating, egress and minimum ceilng height. Bathrooms , toilet compartments , closets halls , storage or utility space ,. and similar areas , are not considered habitable space. Main Building(s) shall mean a building, or buildings , which typically contains the principal use(s) of any lot. There maybe more than one main building on a lot. Psychic services shall mean businesses or establishments which provide psychic services , which include but is not limited to the practice of: astrology, palmistry, phrenology, life-reading, fortunetellng, cartomancy, clairvoyance , clairaudience crystal-gazing, mediumship, prophesy, augury, divination mind reading or necromancy. Structure shall mean that which is built or constrcted , an edifice or building of any kind, or any piece of work arificially built up or composed or parts joined together in some definite manner. Sunroom shall mean a non-habitable area attached to a main building that is enclosed with glazing, and is primarily used for recreational and outdoor living proposes. Revise the current definition in Section 30-2 to read as follows: Accessory building shall mean a detached subordinate building, any part of which is within a required minimum yard of the subject Zoning District, and the use ofwhich is incidental to that ofthe main building on the same lot , or to the use of the land. For properties within a Residential zone , or with a Residential use , the use of such accessory buildings is restricted to garages , carports , storage sheds , and similarbuildings which are found by the Building Official to conform to the "U" (utility)occupancy classification. Historic Structure shall mean a building listed on the Historic Building Study List or one that was built before 1942. Patio Structure shall mean a one (1) story structure unenclosed by walls on and partially or fully roofed , including but not limited to sunshades , trellses pergolas gazebos , and lath houses , which may be attached to or detached from the main building or accessory building. The definition of Patio Structure excludes structures partially or fully enclosed by solid walls and/or glazing, such as sunrooms or greenhouses. For thepurpose ofthis definition , the walls of adjoining main and/or accessory building(s) shall not be considered as having "enclosed" the patio structure , providing that such walls do not constitute a) more than tow (2) of the four (4) sides of the patio structure and b) more than fifty (50%) percent of the patio structure s perimeter. Yard front shall mean a yard extending across the full width of the lot measured between the front property line (or the lot line connected to a street by legal access) and the nearest point of the wall of a building or enclosed or covered porch on such lot. The front yard of a corner lot is the yard adjacent to the shorter street frontage of such lots. Yards, minimum required shall mean the minimum depth , as prescribed for a paricular zoning district , of the area ofland between a main building and the property perimeter , and which must remain free of strctures and unobstructed from the ground to sky except for such exceptions and encroaehments as may be permitted by thisarticle which include , but is not limited to , allowances to permit accessory buildings patio structure s and roof eaves. Yard, rear shall mean a yard extending across the full width of the lot measured between the rear line of the lot and the rear line of the main building or enclosed or covered porch nearest the rear line ofthe lot. Yard, side shall mean a yard on either side of the lot extending from the front line of the main building or enclosed or covered porch to the rear line of the main building or enclosed or covered porch, the width of each yard being measured between the side line of the lot and the nearest par of the main building or enclosed or covered porch. Section 2 The Alameda Municipal Code is hereby amended by amending Subsection 30-1 (Designation of Districts) of Section 30-3 (Zoning Districts) of Chapter XXX (Development Regulations) to read as follows: 30-1 Designation of Districts. The several classes of general districts hereby provided , and which the City may be divided , are designated as follows: Map Symbol District Designation One-Family Residential District Two-Family Residential District Garden Residential District Neighborhood Residential District General Residential Distrct Hotel Residential Distrct Administrative-Professional District Neighborhood Business District Central Business District Community Commercial District Commercial Manufacturng Distrct Intermediate Industrial (Manufacturing) District General Industral (Manufacturng) District Mixed Use Planned Development District Open Space District Section 3.The Alameda Muncipal Code is hereby amended by amending Subsections 30-1b7 and 30-1c of Subsection 30-1 (R-, One Family Residence Distrct Uses Permitted) of Section 30-4 (District Uses and Regulations) of Chapter XX (Development Codes) to read as follows: 30-1 R-l, One-Family Residence District. b. Uses Permitted. Family day care homes , Large and Family day care homes , Small , as licensed by the State of California. c. Uses Requiring Use Permits.2. Private and religious schools , day care centers and churches. Section 4.The Alameda Municipal Code is hereby amended by amending Subsections 30-2b7 and 30-2c2 of Subsection 30-2 (R-, Two-Family Residence District) of Section 30-(District Uses and Regulations) of Chapter (Development Regulations) to read as follows: 30-2 R-2, Two-Family Residence District. b. Uses Permitted.7. Family day care homes , Large and Family day care homes Small , as licensed by the State of California. c. Uses Requiring Use Permits.2. Private and religious schools , day care centers and churches. Section 5 The Alameda Municipal Code is hereby amended by amending Subsections 30-3b4 and 30-3c2 of Section 30-4.3 (R-, Garden Residential District Uses Permitted) of Section 30-4 (District Uses and Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-3 R-3. Garden Residential District Uses Permitted. b. Uses Permitted4. Family day care homes , Large and Family day care homes Small, as licensed by the State of California. c. Uses Requiring Use Permits.2. Private and religious schools , day care centers and churches. Section 6.The Alameda Municipal Code is hereby amended by amending Subsection 30-4.5b4 of Subsection 30-5 (R-5 General Residential District of Section 4 (District' Uses and Regulations) of Chapter XX (Development Regulations) to read as follows: Uses Permitted. Parks , Playgrounds , Public and Private Schools , Churches and Religious Institutions , Librares , Day Care Centers and Public Buildings. Section 7.The Alameda Municipal Code is hereby amended by amending Subsection 30-7b (Uses Permitted) of Subsection 30-7 (AP , Administrative- Professional District) of Section 30-4 (Distrct Uses and Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-7 AP Administrative-Professional District b. Uses Permitted; 1. Offices of an administrative and professional nature including but not limited to the following: (a) Accountants (b) Architects (c) Arists (d) Attorneys ( e) Authors (f) Doctors and dentists (g) Engineers (h) Insurance agencies (i) Real estate offces G) Hypnotherapists and hypnotists, (k) Optometrists. (1) Psychic services (subject to permit requirements of section 6-46.4 & 5 of the Alameda Municipal Code. 2. Medical facilities , including, but not limited to the following: (a) Dental clinics (b) Hospitals ( c) Medical clinics (d) Medicallaboratories ( e) Nursing and convalescent homes (f) Radiologist laboratories (g) Rest homes (h) Sanitariums. Section 8.The Alameda Municipal Code is hereby amended by amending Subsection 30-9Ab (Uses Permitted) of Subsection 30-9A C-C, Community Commercial Zone , of Section 30-4 (District Uses and Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-9A C-C, Community Commercial Zone. b. Uses Permitted. (mm) Office uses (medical and professional) not associated with permitted retail sales use of the site , provided that for any building which is on a site adjoining a public street , public alley or public sidewalk, fifty (50%) percent in depth of the ground floor space directly behind that building frontage closest to the public street, public alley or public sidewalk shall be reserved for retail sales and/or services uses permitted in the district. Section 9.The Alameda Municipal Code is hereby amended by amending Subsection 30-9Ac (Uses Requiring Use Permits) of Subsection 30-9A C- Community Commercial Zone , of Section 30-4 (District Uses and Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-9A C-C, Community Commercial Zone. c. Uses Requiring Use Permits. (bb) Offce use (medical and professional) not associated with permitted or conditional use in this district and/or to be located on a site adjoining a public street , public alley or public sidewalk and within fifty (50%) of the depth of the ground floor space directly behind that building frontage closet to the public street public alley or public sidewalk. Section 10.The Alameda Municipal Code is hereby amended by amending Subsection 30-4.19c and adding Subsection 30-19d to Section 30-19 (0 , Open Space District) of Section 30-4 (District Uses and Regulations), of Chapter XXX (Development Regulations) to read as follows: 30-19 0, Open Space District.c. Uses Permitted, Subject to Minor Design Review. Subject to the adjacent property owner s ability to lease portiones) of the public tidal lands within the 0" District, minor structures that are accessory tothe adj acent residential use for the purose of either: a) waterfront access , including but. not limited. to docks , and fences/gates not to exceed 8' in height above the dock , or b) landscape amenities , such as arbors, gazebos , and similar unenclosed structures not to exceed 10' in height , are permitted subject to approval process for improvements requiring Minor Design Review , as outlined in Section 30-37 Design Review Regulations.d. Uses Requiring Use Permit. It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for their appropriateness in a specific location or for such other factors as safety, sanitation, design and visual attractiveness. 1. Any structue or building (other than those described in paragraph located within areas described in paragraphs b , 1.2. and 3. 2. Above ground utility installations for localservice. 3. Publicly owned small craft marinas and related installations. 4. Public and commercial concessionaire activities , uses and buildings. Section 11.The Alameda Municipal Code is hereby amended by adding a new Subsection 30-6d to Subsection 30-6 (Building Site , Areas and Easements) of Section 30-5 (General Provisions and Exceptions) of Chapter XXX (Development Regulations) to read as follows: 30-6 Building Site, Areas and Easements.d. Adjustments to minimum rear yard requirements for certain waterfront parcels. The following adjustments to the minimum required rear yards otherwise prescribed by the subject zoning district (i.e. the minimum required setback from the rear property line) apply to parcels which are either immediately adjacent to , or adjacent to interceding public tidal lands (i.e. "public trst lands ) which are immediately adjacent to , the Tidal Canal , San Leandro Bay or San Francisco Bay:1. Additional setback requirements for parcels immediately adjacent to water. For parcels where the rear property line is either: a) at the same elevation as the higher high water line , or b) is at a lower elevation than the higher high water line (i. the rear property line is submerged), the minimum required rear setback shall be measured from the higher high water line as if it were the rear property line.2. Special adjustments to setback requirements for parcels adjacent to those interceding public lands which do not have public access. For parcels with interceding public lands between the parcel's rear property line and the higher high water line (such as public tidal lands owned and/or managed by Federal , State or Local agencies which do not have public access , but portions of which may be leased to owners of adjacent parcels for private use), the minimum required rear setback shall be measured from the higher high water line (which falls within the interceding property) as if it were the rear property line of the subject parcel , thereby reducing the minimum required rear setback from that prescribed by the subject zoning district. However, in no case shall the subject parcel have a rear setback from the actual rear property line of less than three (3') feet. The above adjustment to minimum rear setback requirements does not apply to parcels adjacent to.public or private waterfront lands which have been improved as parklands , trail easements , or similar amenities.3. Exceptions to setback requirements for waterfront lots maybe granted.Notwithstanding the minimum rear yard requirements of the subject zoning district exceptions to the rear setback requirements prescribed for waterfronts regulated by this subsection (paragraphs 1. and 2. above), may be approved subject to the notification and approval process for improvements requiring Major Design Review , as outlined in Section 30-27; Design Review Requirements. Exceptions to reduce the minimum required rear setback , but not to less than three (3') feet from the actual rear property line , may be granted with Major Design Review approval , with the additional and specific finding that the proposed encroachment into the setback otherwise required by this subsection will not substantially impair the adjoining neighbors ' views of the water and hilsides beyond.4. Exemptions for Piers and Floating Docks. Notwithstanding the minimum rear yard requirements of the subject zoning district and the specific setback requirements of this subsection, peers and floating docks are exempt from such minimum yard and setback requirements , and may be built up to and across the property line of adjacent public tidal lands , provided all permit requirements of the AB.C., A.C. and applicable governental agencies (e.g. B.C.C.) are meet. Section 12.The Alameda Municipal Code is hereby amended by repealing Subsection 30-(Pennitted Encroachments in Yards) of Section 30-5 (General Provisions and Exceptions) of Chapter XXX (Development Regulations) in its entirety. Section 13.The Alameda Municipal Code is hereby amended by adding a new Subsection 30-(Projections from Buildings and Roof Planes , Pennitted Encroachments , and Treatments of Minimum Required Yards) of Section 30-5 (General Provisions and Exceptions) of Chapter XX (Development Regulations) to read as follows: 30-7 Projections from Buildings and Roof Planes, Permitted Encroachments and Treatments of Minimum Required Yards. a. Minimum required front yards, and street side yards on comer lots, shaU be landscaped . Excepting walkways , and drveways and staircases as permitted by this Aricle , minimum required front yards , and street side yards on corner lots , within residential zones , and for residential uses in non-residential zones may not be paved and shall be used exclusively for landscaping. b. Architectural features . Canopies , eaves , cornices , sills , beltcourses fireplaces , galleries , sunshades 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 , however in no case shall such features have a setback of less than three (3') feet from the property line. 1. Special Exemptions for Eaves . An exemption to allow a building eave with a setback of less than three (3') feet from a property line may be granted by the Planning & Building Director concurrently with, and subject to the required finding for the approval of a residential addition with less than the required minimum side yard as permitted by subsection "" and subject to the approval ofthe Building Offcial. c. Decks Decks, and similar features. such. as uncovered porches and cantilevered balconies shall conform to the standards as prescribed below:1. Measurement of Height.(a) The height of each level of a deck shall be calculated separately and the required setback that correlates with the height of each level shall be applied to the portion ofthe deck at that level.(b) On sites with a slope often (10%) percent or greater deck heights may be averaged and setbacks calculated based on the average height of numerous points. In such cases , any configuration of terraces or levels may be approved that provides for privacy for adjoining properties , lack of impacts from shading of adjoining properties , and safety without precisely meeting the setback requirements of this subsection. Setback requirements.(a) Decks of up to , and including, twelve (12") inches in height may encroach into any required side and rear yard.(b) Decks over twelve (12") inches to not more than thirty (30" inches in height may encroach into any required side and rear yard, but shall maintain a minimum setback of three (3') feet from the side and rear property lines. (c) No deck that exceeds thirty (30") inches in height at any point shall be permitted to encroach into a required yard area. 3. Privacy screening requirement for decks exceedin thirty (30") inches in height.Notwithstanding safety railing requirements prescribed by the A.B.C., and the limitations on barer height prescribed in Section 30-, decks above thirty (30" inches in height , and all roof decks may be required as a condition of Design Review approval to provide privacy screening barrers , and/or landscaping of sufficient height deemed suffcient to provide adequate screening, to mitigate potential privacy impacts. At no time , however, shall the top elevation of any railing or privacy screen for such decks exceed the building height limit of the subject zone. 4. Decks and conformance to maximum building coverage . Decks above thirty (30") inches in height and in excess of two hundred (200) square feet in size shall be considered as part of the building coverage requirements. Decks subject to coverage requirements shall be calculated at fifty percent (50%) of their area in excess of two hundred (200) square feet. 5. Exceptions to setback requirements for small decks . Decks which are less than fifty (50) square feet , have no exterior access and are cantilevered or supported from the structure may be allowed to extend thee (3') feet into the required front , rear or street-side yard; however , in no case shall such a deck have a setback of less than three (3') feet from any property line. Such decks shall not project more than six (6') feet from the supporting wall to its furthest outward extension. d. Window and roof proiections 1. Window Proiections . Bay, garden and greenhouse windows , and similar features that increase either floor area or enclosed space , may extend three (3') feet into any required front , rear, side , or street-side yard , however in no case shall such features have a setback of less than three (3') feet from a property line, and are subject to the following regulations and the regulations in paragraph 3 , below: Bay windows shall not encroach into yard areas. at any. other level than the story on which the window openings or glazings are located except that ornamental brackets. or canopies may be required and approved through Design Review. 2. RoofProiections . Dormers may project from the roof plane , however in no case shall such features have a setback of less than three (3') feet from the property line or exceed the building height limit of the subject zone , and are subject to the regulations in paragraph 3 , below: 3. Minimum. Separation, Spacing. and Size Limitations for Proiections. Encroaching window projections , and all roof projections , are subject to the following dimensional requirements:(a) The maximum length of each projection shall between (10') feet and the minimum horizontal separation between projections shall be five (5') feet.(b) Such features shall not extend horizontally across more than one- half (112) ofthe linear wall or roof surface to which they are affxed. e. Stairs and Landings. 1. General Exception . Uncovered stairs and landings may encroach into any required front and rear yard a distance not exceeding six (6') feet (i.e. for the placement of stairs and landings , the minimum required front and rear setback is reduced from twenty (20') feet to fourteen (14') feet): and into any required side yard and minimum required street side yard a. distance not exceeding one-half (1/2) the width of the required side yard or three (3 ') feet , whichever is less. 2. Special Exception for Historic Structures . A reconstructed staircase that is to be attached to the fayade of an "historical structure " as defined in Section 30- may encroach into the minimum required front yard a distance not to exceed seventeen (17') feet (i.e. for the placement of reconstrcted stairs and landings on historic strctures , the minimum required front setback is reduced from twenty (20') feet to three (3') feet) providing that the design of such staircase conforms to the original historic design, allowing for minor modification to accommodate requirements mandated by the ARC., or alterations in the finished floor elevation , subject to the approval of the Planning & Building director and Building Official. f. Accessory Buildings.Accessory buildings may be located within minimum required side and rear yards , and shall conform to the following: 1. Height limits . Accessory buildings located in a required side or rear yard shall not exceed one (1) story, and shall not exceed a height often (10') feet at the top of a parapet or at the point where the side elevation intersects with the roof, with the following exceptions:(a) the height at the ridge of the roof may exceed the above height limitation , up to a maximum height of fifteen (15') feet.(b) the front and rear elevations may exceed the 10' height limit up to the 15' height at the ridge of the roof, however , in no case shall the 15' ridge height be extended along the entire front or rear elevation ( c) the height at the top of the front or rear elevation s parapet mayexceed the above height limitation, up to a maximum height of twelve (12') feet. 2. Maximum sizes permitted . Accessory buildings shall not exceed 400 square feet in size. As an exception to the 400 sq. ft. limit, lots that have a minimum required rear yard of over 1000 sq. ft. may have accessory structures that exceed 400 square feet in size , but may not occupy more than forty (40%) percent of the minimum required rear yard as prescribed by the subject Zoning District. That portion of an accessory building which is outside the minimum required rear yard is subj ect tomaximum main building coverage limitations of the subject zone. 3. Minimum setbacks from side property lines If located less than seventy- five (75') from the front property line , the accessory building shall observe a five (5') foot side yard setback. If the accessory building is to be located seventy-five (75') feet , or.more , from the front property line , it may be built up to the interior side property line(s), provided that all constrction within three (3') feet of the property line (including eaves and similar architectural features) is one hour fire resistive as required by the A.B.C , as approved by the Building Official. 4. Minimum setback from rear property line . Iflocated within that portion of the minimum required rear yard that adjoins the neighbors ' required minimum rear yard(s), the accessory building may be built up to the rear property line , provided that all construction within three (3') feet of the property line (including eaves and similar architectural features) is one hour fire resistive as required by the A.B.C , as approved by the Building Official. If the proposed accessory building is to be located within that portion ofthe minimum required rear yard that does not adjoin the neighbors ' required minimum rear yard(s) (i.e. adjacent to that part ofthe neighbor s side property line not within his/hers minimum required rear yard), a minimum five (5') foot setback from the rear property line shall be maintained. 5. Minimum separation from neighboring structues There shall be a minimum of six (6') feet separating all construction (including eaves and similar architectural features) of the accessory building(s) from the main building(s) or other accessory building( s). The separation requirements of this paragraph may be reduced by the Planing & Building Director and Building Official if one hour fire resistive construction is utilized and/or occupancy classification of the subject buildings allow for a lesser separation , as specified by the AB.C. 6. Reconstruction of legally nonconforming buildings Notwithstanding the limitations prescribed by Section 30-20; Nonconforming Buildings and Uses legally nonconfonning accessory building(s) with conforming residential uses in Residential zoning districts , may be reconstructed , with an equal or lesser nonconformity to the size , and location requirements of this sub-section (i.e. paragraphs , through 4), subject to the approval process for improvements , as outlined in Section 30-37; Design Review Requirements , and allowing for modifications to the height and/or roof configuration, provided that the resulting design does not exceed the height limitation prescribed by paragraph 1 of this subsection) Such reconstruction may occur as part of any duly permitted project to repair, remodel or replace the existing non- conforming structure. g. Patio Structures . Patio strctures attached to or detached from a main or accessory building may encroach into any minimum required side yard or rear yard. But shall:1. not exceed a maximum height of twelve (12') feet , as measured from grade. A detached patio structure, if not located within a minimum required yard , maybe permitted to a height not to exceed fifteen (15') feet , subject to approval of the Planing & Building Director and Building Offcial.2. conform to the building coverage requirements prescribed for accessory buildings in subsection 30-7 (f.2), regardless of whether the patio structure is attached to or detached from a main or accessory building.3. observe a minimum five (5') feet setback from the side and rear property lines. No part of the patio cover may extend within three (3') of the property line.4. have a minimum (6') foot distance separating all elements of a detached patio structure (including eaves and similar architectural features) from the main building(s) or accessory building(s). The separation requirements of this paragraph may be reduced by the Planning & Building Director and Building Official if the occupancy classification of the subject buildings allow for a lesser separation , as specifiedby the AB.C.5. not occupy any portion of the front half of a comer lot.6. not be enclosed by any walls , partial solid panel wainscoting, and/or glazing, excepting for those walls of the adjoining main and/or accessory building(s), which may not constitute a) more than two (2) ofthe four (4) sides of the patio structure and b) more than fifty (50%) percent of the patio strcture s perimeter. Patio structures may be fitted with removable clear plastic or screen mesh panels and/or retractable shade screens , as regulated under the AB.C. h. Pools and Spas1. pools or spas that are constructed and/or permanently located "in- ground " and any mechanical equipment for such pools or spas , may be located within a minimum required rear and side yard , providing that a minimum five (5') foot setback is maintained .from any property line.2. portable pools , spas , hot tubs , and similar features which are detennined by the Building Official not to be structures , are not subject to either the setback requirements for accessory buildings prescribed in subsection f, or those setback requirements for permanent "in ground" spa prescribed in paragraph I , above , except that no mechancal equipment for such portable pools or spas shall be placed within five (5') feet of any property line. i. Driveways . Driveways may be located within minimum required front yards , and minimum required street side yards of comer lots , subject to the regulations prescribed in subsection 30-(f.l) (remainder of this subsection relocated to 30- j. Strctures for Disabled Access . Uncovered wheelchair ramps or other structures providing disabled access may encroach into any required front , side or rear yard as long as the access strcture provides continuous access from the street or parking area to an entrance of the building. The encroachment shall be the minimum necessary to provide safe and adequate access and shall be subject to Design Review. k. Exceptions to Allow Continuation of Noncomplying Sidevard Setback In exception to the setback requirements of this article , one (1) and two (2) story room additions may be approved that observe the same sideyard setback as the existing main building, or none if none exists , on lots where the existing main building is constructed with noncomplying sideyard setbacks if the following finding can be made: No adverse effects such as shading or view blockage would occur on adjoining properties.1. Exceptions to Allow Vertical Extensions of Noncomplying Sideyard Setbacks In exception to the setback requirements of this chapter for stories above the ground floor, an addition at the second floor level may be approved with exterior walls in the same plane as the walls of the existing building below if the finding of paragraph k. above can be made. Section 14.The Alameda Municipal Code is hereby .amended by amending Subsection 30-(Height Exceptions) of Section 30-5 (General Provisions and Exceptions) of Chapter XX (Development Regulations) to read as follows: 30-8 Height Exceptions. Towers , spires , chimneys , machinery, penthouses , scenery lofts , cupolas , radioaerials, television antennas and similar architectual and utility structures and necessary mechancal appurenances may be built and used to a height not more than twenty-five (25') feet above the height limit established for the distrct in which the strctues are located; provided, however, that no such architectural or utility strctue in excess of the allowable building height shall be used for sleeping or eating quarers or for any commercial or advertsing puroses. Additional heights for public utilty strctues may be permitted upon approval by the Planing Board. Height limitations provided herein shall not apply to electrc transmission lines and towers , unless they encroach on any officially designated aircraft approach zone. Section 15.The Alameda Municipal Code is hereby amended by amending Subsection 30-2b of Subsection 30-7.2 (Accessory Parking Spaces Required) of Section 30-7 (Off-Street Parking and Loading Space Regulations) of Chapter (Development Regulations) to read as follows: 30-2 Accessory Parking Spaces Required. For all dwellng units and floor area added to existing buildings. Section 16 The Alameda Municipal Code is hereby amended by amending Subsections ai , a2 and a3 (Residential Uses), Subsection b2 (Institutions and Places of Assembly) and Subsection c2 (Commercial Office Uses) of Subsection 30- (Schedule of Required Minimum Off-Street Parking Space) of Section 30-7 (Off-StreetParking and Loading Space Regulations) of Chapter XX (Development Regulations) to read as follows: 30-6 Schedule of Required Minimum Off-Street Parking Space a. Residential Uses1. Dwelling Units with 3 000 sq. ft. or less , of conditioned space - 2 spaces per unit. per unit. Dwellng Units with over 3 000 sq. ft. of conditioned space - 3 spaces Notwithstanding the allowances of subsection 30-20: Nonconforming Buildings and Uses " additional parking spaces , at therate of 1 per 500 sq. ft of newly added conditioned space, shall be provided when a dwellng unit which is without the parking spaces required by paragraphs 1 or 2 is to be enlarged.(a) No additional spaces , as otherwise required by this paragraph, are required once compliance with paragraphs I or 2 is achieved.(b) Notwithstanding the requirements for perimeter landscaping prescribed by subsection 30-1 Oa., existing driveways may be considered as parking space(s) if the proposed space(s) wil be in conformance to the location requirements of subsection 30-7 .8a.!, and the dimensional requirements of subsection 30- b. Institutions and Places of Assembly. 2. Churches , theatres , auditoriums , lodges and mortares: 1. Assembly areas - 1 space per 50 sq. ft. Administrative Offce areas - 1 space per 400 sq. ft. Commercial and Offces Uses.2. General retail, banks, minor repair services space per 200 sq. ft. of ground floor area; 1 space per 400 sq. ft. of upper floor space including mezzarnes Professional offce, doctor and dentist offces (including hospital outpatient services , I space per 250 sq. ft. Restaurants Less than 4 000 sq. ft gross area-l space per 100 sq. ft. of gross floor area. 4000 sq. ft. or more - 40 spaces , plus 1 for each 50 sq. ft. of seating area over 4 000 sq. ft. Section 17.The Alameda Municipal Code is hereby amended by repealing Subsection 30-8 (Location of Parking Spaces) of Section 30-7 (Off-Street Parking and Loading Space Regulations) of Chapter XX (Development Regulations) in its entirety. Section 18.The AlamedaMunicipal Code is hereby amended by adding a new Subsection 30-8 (Location of Parking Spaces and Prohibited Parking Areas) to Section 30.7 (Off Street Parking and Loading Space RegUations) of Chapter (Development Regulations) to read as follows: 30-8 Location of Parking Spaces and Prohibited Parking Areas All parking spaces , whether required or in excess of this section , shall beprovided on the same parcel as the use which is generating the parking demand, exceptas provided by subsection 30-, and subject to the following additional requirements: a. Residential Zones, and Residential Uses in Non-residential Zones:1. No parking space may be located in any minimum required front yard, or in any minimum required side yard on the street side of any corner lot. Parking spaces may be located within minimum required side and rear yards , subject to the requirements of subsection 30-7 .1 O.a: "Perimeter Landscaping Required.2. The parking of vehicles within any minimum required front yard or in any minimum required side yard on the street side of any corner lot, is prohibited. (a) Exception to parking prohibition: Driveways used to provide access to required parking spaces may be used to provide ancilary parking provided the parking is not located in the required front yard or the street side yard of any corner lot. Driveways used for such ancilar parking may not exceed the maximum permitted widths as prescribed by subsection 30-1.(a). Such ancilar parking shall not beconsidered toward meeting the requirements of Subsection 30-6; "Schedule of Required Minimum Off-Street Parking Spaces.3. See subsection 30-h for additional provisions related to the located of garages. b. Non-residential Uses in Non-residential Zones. Parking spaces may be located between the main building(s) and the street frontage(s), subject to the requiements of Subsection 30-10.a: "Perimeter Landscaping Required. c. Non-residential Parking in Residential Zones. Parking for uses not allowed in a residential zone shall not be located in that residential zone. d. Non-residential Parking in Residential Zones. Parking for uses not allowed in a residential zone shall not be located in that residential zone. Section 19.The Alameda Municipal Code is hereby amended by adding a new Subsection 30-ge (Adjustments to Parking Space Dimensions), revised Subsection 30-9f (Driveways), and revised Subsection 30-9g. (Handicapped Parking) to Section 30-7 (Off-Street Parking and Loading Space Regulations) of Chapter III (Development Regulations) to read as follows: 30-9 Parking Dimensions and Access. e. Adjustments to Parking Space Dimensions. The parking space lengths specified in paragraphs a. and b. above may, for nonparallel spaces , be reduced by up to one and one-half (1 %') feet, with the curb to serve as a tire stop. The one and one-half (1 Yz')feet wide area that would otherwise be paved as par of the parking space (i. the "overhang" area), shall either be landscaped (with lawn or ground covers not exceeding six (6") inches in height), or if abutting a walkway, shall be paved with material similar to that of the walkay. The landscaping of the "overhang" area shall be in addition to , and not considered a part of, any minimum landscape requirements of this Code. When paved as part of an adjacent walkway, the "overhang" area shall not . be included in the required width for walkways or handicapped access. Driveways.1. Minimum and Maximum Driveway Widths.(a) In residential zones and for Residential Uses in Non-residential Zones a minimum driveway width of eight and one-half (8 ) feet and a maximum of ten (10') feet may be permitted. Driveways that provide access to 2 or more adjacent single car garages , if separated from each other by a landscaped strip not less than three (3') feet wide, are measured as individual drveways when determining compliance with this subsection.(b) Exceptions to exceed the 10' feet limitation for drveways in residential zones and for residential uses in non-residential zones may be permitted to: (i) allow a maximum width of up to sixteen (16') feet in order to provide access to a two (2) car garage located no further than (50') feet from the lot's street frontage(s);or (ii) allow a "flare out" that provides adequate maneuvering areato a multicar garagelocated more than (50') feet from the lot's street frontage(s), subject to approval by the Planing and Building and Public Works Directors. (c) On Non-residential Uses in Non-residential Zones , Oncommercially and industrially zoned lots , and to serve commercial and industral uses a driveway occupying no more than forty (40%) percent or twenty (20') feet in width (whichever is less) may be For service stations a maximum drveway width of forty (40') may be permitted.2. Curb Cuts. No more than one (1) curb cut per lot shall be allowed except for service stations where access shall be limited to a maximum of two (2) curb cuts, unless otherwise approved . by the Planing and Building and Public Works Directors. These service station access points may be directionalized (i.e. one way, no left tur etc.) at the discretion of the Public Works Director. Existing service stations shall be brought into compliance. whenever modifications requiring a permt areapproved.3. The centerline of an access drveway where it connects to a street shall be at least thirty-five (35') feet. from the nearest street right-of-way line of intersection , unless otherwise permitted by the Plang & Building and Public Works Directors.4. Residential developments shall have only one (1) driveway per parcel per frontage , unless otherwise permitted by the Planing and Public Works Director. g. Handicapped Parking Handicapped parking spaces shall be provided , in quantity and dimensions necessary for conformance with the A. B. C.. Section 20.The Alameda Municipal Code is hereby amended by amending Subsection 30-lOa, and Subsection 30-lOc and deleting Subsections 30-10d , . and g of Subsection 30-10 (Landscaping) of Section 30-7 (Off-Street Parking and Loading Space Regulations) of Chapter XXX (Development Regulations) to read as follows: 30-1 0 Landscaping. a. Perimeter Landscaping Required:1. Any unenclosed parking space or backup area which is adjacent to a public street , (where permitted by subsection 30-8b), shallbe separated from the public street or sidewalk by a minimum of five (5') feet oflandscaped area.2. Unenclosed parking spaces next to either: walls of adjacentbuildings, fences , buildings or property lines shall be separated from such strctures orproperty lines by a minimum three (3') feet of landscaped area, except for areas needed for automobile and pedestran access.3. Backup areas and driveways shall have a minimum of one (1' foot oflandscape separation from walls , fences , buildings and property lines.c. All landscape plans shall conform to the landscape and irrgationrequirements in Aricle IV ofthis chapter. Section 21 The Alameda Muncipal Code is hereby amended by amending Subsection 30-12 (Reduction in Parkig Requirements for Existing Facilities) of Section 30-7 (Off-Street Parking and Loading Space Regulations) of Chapter (Development Regulations) to read as follows: 30-12 Reduction in Parking Requirements for Existing Facilties.a. One (1) parking space per parcel serving existing facilities may be eliminated under the following circumstances:1. The electrcal service for the facility is converted from overhead to underground , and both the Planng & Building Director and the Bureau of Electrcity determine the. best location for the required pedestal mounted transformer requires the removal of a parking space.2. Recycling bins are proposed for existing facilities and thePlannng & Building Director determines the best location requires the removal of a parkig space.b. Additional parking spaces serving existing facilities may be eliminated from properties with non-residential uses , with the approval of the Plannng & Building and Public Works Directors , as needed to conform to curent AB.C. standards , whichinclude but not limited to changes in the number of handicapped parking spaces that are required for specific non-residential uses. Section 22 The Alameda Municipal Code is hereby amended by repealing Subsection 30-17 (Ilumination of Parking Areas) of Section 30-7 (Off-StreetParking and Loading Space Regulations) of Chapter XX (Development Regulations)in its entirety. Section 23.The Alameda Municipal Code is hereby amended by adding a new Subsection 30-17 (Ilumination of Parking Areas) to Section 30-7 (Off-StreetParking and Loading Space Regulations) to Chapter XX (Development Regulations)to read as follows: 30-17 Illumination of Parking Areas.a. Parking areas shall be adequately iluminated whenever necessary to protect the public safety, subject to the regulations in subsections b., c., and d. below:b. The ilumination of parking areas shall be so designed and located that light sources are shielded from adjoining properties and shall not cause a glare hazardous to pedestrians or auto drivers. All light fixtures in residential zones , or on parcels adjacent to any residential use, shall be limited to "full cut-off' type ilumination, or as approved by the Planing & Building Director.c. The maximum. height of any parking lot light standard is twenty five (25') feet, unless a use permit to allow a height in excess of twenty five (25') feet is approved by the Planing Board.d. The ground level ilumination shall not exceed a minimum standard of two (2) footcandles , with a ratio no greater than 15 to 1 between the highest and lowest areas of ilumination. In a residential zone, or on a parcel adjacent to any residential use, the permitted minimum standard is reduced to one-half (112) footcandles. Any proposal for parking lot lighting that would provide ilumination at ground level in excess of the above standards is subject to approval of a Use Permit by the Planning Board. Section 24 The Alameda Municipal Code is hereby amended by adding a new Subsection 30-18 (Use and Extension of Non-Conforming Driveways and Perimeter Landscaping and new Subsection 30-19 (Adjustments for Senior and Mfordable Housing Developments)) to Section 30-7 (Off-Street Parking and Loading Space Regulations) to Chapter XX (Development Regulations) to read as follows: 30-18 Use and Extension of Non-Conforming Driveways and Perimeter Landscaping. Existing residential drveways that are non-conforming to the minium widths prescribed by subsection 30-9 .l , and/or the minimum perimeter landscaping prescribed by subsection 30-1 0., may remain and may be extended with the existing non-conforming dimensions at such time the property is further improved with small scale development, which includes but is not limited to additions to existing single family uses or the construction of an additional dwellng, subject to the approval of the Planning & Building and Public Works Directors. 30-19 Adjustments for Senior and Affordable Housing Developments Notwithstanding the minimum required parking space requirements prescribed in Section 30-6, developments providing housing for residents that have a lesser dependence on personal vehicles , may be allowed to reduce such off-street parking requirements at time such projects are given Design Review, Use Permit and/or Planed Development approvals. Such projects may include, but are not limited to senior housing and housing deemed affordable to those with low to moderate incomes as defined by the applicable City and Federal HU requirements. As part of any request to reduce off-street parking requirements , the applicant(s) ofthe subject housing developments shall provide parking and traffc study(s) as deemed necessary todocument the reduced need for off-street parking. Section 25 The Alameda Municipal Code is hereby amended by deleting the definition "Fortunetellng establishment" from Subsection 30-2 (Definitions) of Section 30-9 (Adult Entertainment Activity) of Chapter XX (DevelopmentRegulations) in its entirety. Section 26 The Alameda Municipal Code is hereby amended by amending Subsection 30-21.2c (Appeal) of Section 30-21-2 (Administrative Varance) of Subsection (Varances , Use Permit: Procedures) of Chapter XXX (Development Regulations) to read as follows: 30-21 VARANCES, USE PERMITS; PROCEDURE. 30-21.2 Administrative Variance c. Appeal. The applicant , a member ofthe public or a member of the City Councilor Planng Board may appeal the decision of the Zoning Administrator within ten (10) days after the decision of the Zoning Administrator. Appeals shall be heard by the Planng Board pursuant to Section 30-25. Section 27.The Alameda Muncipal Code is hereby amended by amending Subsection 30-21.8 (Limitations on New Applications) of Section 30-21 (VarancesUse Permits: Procedure) of Chapter XX (Development Regulations) to read as follows: 30-21.8 Limitation on New Application In case an application is denied by the Zoning Administrator, Planing Board , on appeal, by the City Council, it shall not be eligible for resubmittal for three (3) years from the date ofthe denial , unless , in the opinion of the Zoning Administrator new evidence is submitted in wrting or conditions have changed to an extent that fuher consideration is warranted. Section 28.The Alameda Muncipal Code is hereby amended by amending Subsection 30-21.9 (Tennnation and Transferability) of Section 30-21 (Varances , UsePermits: Procedure) of Chapter XXX (Development Regulations) to read as follows: 30-21.9 Termination Due to Inaction. A Variance or Use Permit shall , if granted, terminate two (2) years from the effective date of its granting unless actual constrction or alteration, or actualcommencement of the authorized activities in the case.ofa Variance or Use Permit notinvolving construction or alteration, has begun under valid. permits within such period. When a Variance is associated with an approved parcel map or tentative subdivision map the Varance shall remain valid for the same period of time as the approved parcel map or tentative subdivisi()fi map, to the maximum time allowed by the State of California Subdivision Map Act for the land division approvals. Section 29.The Alameda Municipal Code is hereby amended by amending Subsection 30-21.10 (Time Extensions) of Section 30-21 (Variances , Use Permits: Procedure) of Chapter XXX (Development Regulations) to read as follows: 30-21.10 Time Extensions. Prior to the expiration ofthe time limit within which Variances or Use Permits must be first exercised, the grantee may apply for additional time period(s) within which to exercise the approval , which may be granted on a case by case basis for any length oftime , up to a total of a two (2) year extension from the expiration date for the original permit approval Such applications for extension shall be ruled upon by the Zoning Administrator after public hearing, or by the Planing Board for those approvals including a reduction in the number of required vehicular parking spaces. Section 30.The Alameda Municipal Code is hereby amended by amending Subsection 30-21.11 (Reports to Planng Board) of Section 30-21 (Varances , Use Permits: Procedure.) of Chapter XX (Development Regulations) to read as follows: 30-21.11 Reports to Planning Board. The Zoning Administrator shall report, for informational puroses only, all approvals or disapprovals of Administrative Variances or Admnistrative Use Permits and conditions imposed thereon to the Planning Board at the next regular meeting hereof following the decisions. Section 31.The Alameda Muncipal Code is hereby amended by amending Subsection 30-25.1a and b (purose and Authorization for Appeals and Calls for Review) of Section 30-25 (Appeals or Calls for Review) of Chapter (Development Regulations) to read as follows: 30-25.1 Purpose and Authorization for Appeals and Cans for Review a. Appeals. To avoid results inconsistent with the puroses of this chapter decisions of the Planing Director or Zoning Administrator may be appealed to the Planing Board and decisions of the Planning Board or Historical Advisory Board may be appealed to the City Council by any person aggrieved or by anyofficer , agency or departent of the City affected by any decision , determination or requirement. b. Calls for Review. As an additional safeguard to avoid results inconsistent with the puroses of this chapter, decisions of the Planing Director or Zoning Administrator may be called up for review to the Planng Board by the Planning Board or by the City Council and decisions of the Plannng Board or Historical Advisory Board may be called up for review to the City Council by the City Councilor a member. of the City Council. Section 32 . The Alameda Municipal Code is hereby amended. by amending Subsection 30-25.2b (Final Decisions) of Section 30-25 (Appeals or Calls for Review) of Chapter XXX (Development Regulations) to read as follows: 30-25.2 Final Decisions. b. Final Decision of the Planning Board or Historical Advisory Board. Any decision of the Planing Board or Historical Advisory Board shall be final on the date ofthe decision , unless any person aggreved or by any offcer , agency, or department of the City affected by any decision of the Planning Board or Historical Advisory Board , fies a Notice of Appeal with the Planning Department no later than ten (10) days following the decision or a City councilmember fies a call for review with the Planning Department no later than ten (10) days following the decision. Decisions that are. appealed or called for review shall not become effective until the appeal or call for review is resolved by the appropriate City body. Section 33.The Alameda Municipal Code is hereby amended by amending Subsection 30-25.3b (Time Limits for Appeals or Calls for Review) of Section 30- (Appeals or Calls for Review) of Chapter XXX (Development Regulations) to read as follows: 30-25.3 Time Limits for Appeals or Cans for Review b. Appeals of Actions of the Planning Board or Historical Advisory Board. Appeals to the City Council concerning actions of the Planning Board or HistOlical Advisory Board may be taken from any person aggreved or from any offcer, agency or deparent of the City affected by any decision , detennination or requirement of the Planing Board or Historical Advisory Board. Such appeal shall be filed no later than ten (10) days following the decision ofthe Planning Board or Historical Advisory Board. Section 34 The Alameda Municipal Code is hereby amended by amending Subsection 30-25.4c (Initiation of Appeals and Calls for Review) of Section 30- (Appeals or Calls for Review) of Chapter XX (Development Regulations) to read as follows: 30-25.4 Initiation of Appeals and Cans for Review c. Appeals of Actions of the Planning Board or Historical Advisory Board. An appeal to the City Council concerning actions of the Planning Board or Historical Advisory Board decision shall be filed in writing with the Planning Departent and shall be accompanied by the required fees. In filing an appeal , the applicant shall specifically state the reasons or justification for an appeal. Section 35.The Alameda Municipal Code is hereby amended by amending Subsection 30-37.6 (Expiration and Extension) of Section 30-37 (Design Review Regulations) of Chapter XX (Development Regulations) thereof to read: 30-37 DESIGN REVIEW REGULATIONS. 30-37.6 Expiration and Extension Design Review approval shall expire one (1) year from the initial date of approval unless construction has commenced under valid pennits. When a Design Review approval is associated with a use permit or variance, the Design Review approval shall remain valid for the same period of time as the use permit or varance , as regulated by Section 30-21. Prior to the expiration ofthe Design Review approval the applicant may apply to the Design Review staff for one (1) year extension by prior said expiration. Section 36.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: Lara Weisiger, City City of Alameda ****** Revised 3/23/04 , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 6 day of April , 2004 by the following vote to wit: AYES:Councilmembers Daysog, Gilmore , Kerr , Matarrese , and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the offcial seal of said City thisth day of April , 2004. I \ Lara Weisiger, City rlM City of Alameda