Section 6. Section 30-37 Design Review Regulations of the Alameda Municipal Code is hereby amended as follows:
30-37 - DESIGN REVIEW REGULATIONS.
30-37.1 – Definitions
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30-37.2 - Improvements subject to Design Review and Exemptions. a. All improvements require Design Review approval unless specifically exempt pursuant to Section 30-37.2b.
b. Exempt Improvements:
1. Interior improvements;
2. Replacement-in-kind provided that any structure being replaced is less than one thousand two hundred (1,200) square feet in size and not a main structure;
3. Any improvement that does not require a building permit pursuant to the Building Code;
4. Fences;
5. Restoration of an original architectural element consistent with architectural style of structure at the time of construction or in cases where the entire architectural style of a building has been completely renovated into a new style, the new element shall be consistent with the new architectural style as set forth in the Design Review Manual;
6. Reroofing, when no structural alteration will take place;
7. Any addition or improvement that meets all of the following criteria:
A. The gross floor area of the improvement is less than one thousand two hundred (1,200) square feet;
B. The improvement is a one (1) story accessory structure or the improvement is located on the first story as defined by the Building Code; C. The improvement is not located on a street facing elevation or in a street facing yard, and the improvement is in compliance with all applicable lot coverage, open space, and setback requirements of the applicable zoning district;
D. The improvement includes exterior materials, architectural detailing, roof pitch and design, windows, and doors that are a visual match to the existing, or if the structure or element has been previously modified, original design of the structure at the time of construction;
8. Foundation work;
9. New or refaced signs, regulated under Section 30-6 with approved sign permits and signs that meet the requirements of an approved sign program;
10. Green roofs and similar vegetated roof features that do not involve modifications to the roof form or roof pitch, or existing tile or slate roofs, or a historical structure;
11. New awnings that meet all of the following criteria:
A. Is covered in an opaque, non-glossy fade and fire resistant fabric material; B. Matches the alignment and shape of any existing awning on the same level of the building; if consistent with other criteria; C. Does do not cover transom windows or extend more than six (6") inches beyond the perimeter of a window, door or other opening; D. Is not placed over pilasters, columns or other prominent vertical elements; E. Provides a minimum of eight (8′) feet of vertical clearance for framed portions and seven (7′) feet for any unframed valances; F. Exhibits a slanted or, if over arched windows or individual upper floor windows, a domed shape;
G. Is not internally illuminated; and
H. Has all required encroachment permits.
12. Awnings with approval by the City of Alameda Facade Improvement Program;
13. Docks which comply with the standards of the Alameda Municipal Code;
14. Changes to an existing parking lot provided that the lot is not visible from the public right-of-way and the number of parking spaces or the area of landscaping are not being reduced;
15. New solar collection systems or skylights;
16. Accessory dwelling units and junior accessory dwelling units consistent with development regulations and review processes of Section 30-5.18, Accessory Dwelling Units;
17. Alterations to chimneys for seismic safety purposes, as determined by a licensed contractor or engineer, provided none of chimney is visible as part of an exterior wall and the chimney is not a character-defining feature on properties listed as a historic resource;
18. Window and door improvements, including new installation, removal, relocation, or resizing of existing openings, provided the improvement:
A. Does not alter any original or other architecturally significant character- defining features, such as stained glass, decorative arches and other special treatment;
B. Is made of materials that outwardly have the same dimensions, proportions, details, and textures of the original architectural style of the structure and that outwardly appear unchanged from the original architectural style. If the original design of a structure and/or element is removed or altered or if the original design elements are not known, the improvement shall be consistent with the treatment of substantially altered buildings as set forth in the City of Alameda Design Review Manual.
19. The following types of projects when in compliance with the objective zoning standards of the Alameda Municipal Code and the adopted Objective Design Review Standards:
A. Multifamily housing developments and mixed-use developments that meet the eligibility criteria for the Streamlined Ministerial Approval Process provided by Government Code Section 65913.4.
B. One- and two-family dwellings proposed in the R-1 District in compliance with Government Code Section 65852.21, and as adopted by local ordinance.
C. Transitional and supportive housing developments.
D. Low barrier navigation centers, as defined by Government Code Section 65660.
E. Any other project for which State law limits local jurisdictions’ review of design to compliance with objective standards.
30-37.3 - Applications for Design Review.
a. Any person or entity proposing to construct or locate within the City any improvement subject to Design Review, shall file an application for review of the project.
b. The form of the Design Review applications shall be as required by the Design Review Staff, and shall be accompanied by architectural and site development drawings, drawn to scale and shall include all information specified in the application form.
c. Design Review Staff may require additional information from applicants which is pertinent to the application necessary to evaluate the project. 30-37.4 - Reserved.
30-37.5 - Findings.
To grant Design Review approval, the following findings must be made:
a. The proposed design is consistent with the General Plan, Zoning Ordinance, and the City of Alameda Design Review Manual.
b. The proposed design is appropriate for the site, is compatible with adjacent or neighboring buildings or surroundings, and promotes harmonious transitions in scale and character in areas between different designated land uses; and c. The proposed design of the structure(s) and exterior materials and landscaping are visually compatible with the surrounding development, and design elements have been incorporated to ensure the compatibility of the structure with the character and uses of adjacent development.
30-37.6 - Expiration and Extension.
Design Review approval shall expire threetwo (32) years from the initial date of approval unless substantial construction has commenced under valid permits. Design Review approval may be extended by the Community DevelopmentPlanning Director upon application for up to two (2) additional years from the date of expiration.
Section 7. Article III Multiple Dwelling Units of the Alameda Municipal Code is hereby amended as follows:
ARTICLE III. - MULTIPLE DWELLING UNITSRESERVED
30-50 - POLICY AND DECLARATIONS.
30-50.1 - Declaration of Policy.
Article XXVI, an initiative amendment to the City's Charter, provides:
"Sec. 26-1. There shall be no multiple dwelling units built in the City of Alameda."
"Sec. 26-2. Exception being the Alameda Housing Authority replacement of existing low cost housing units and the proposed Senior Citizens low cost housing complex, pursuant to Article XXIV Charter of the City of Alameda." The City Council declares and determines:
a. The proliferation throughout the City of residential dwellings in attached groups of more than two (2) units has created and, if continued, will further create, land use densities and other undesirable effects to a degree which affects adversely the environment and the quality of living conditions necessary to and desirable by the people. For this and other reasons the Charter amendment should be interpreted in accordance with the intent of the framers thereof, which intent is hereby found to be a prohibition against the construction of dwelling units of more than two (2) attached in the same structure as hereinbelow set forth.
b. That in order to put into full effect the intent of the electorate in adding the sections to the Charter, it is necessary to clarify the wording thereof by defining the phrase, "multiple dwelling units," so that legislative policy will
CHAPTER XXX - DEVELOPMENT REGULATIONS
ARTICLE III. - MULTIPLE DWELLING UNITS
30-51 DEFINITIONS AND EXCLUSIONS.
be followed in the implementation and administration of the amendment as applied to specific residential housing sought to be constructed within the City.
30-50.2 - Declaration of Intent and Determinations.
The City Council further finds and determines that, insofar as they are consistent with the provisions of this article, the zoning and subdivision regulations (found in Articles I and II of this chapter, and the provisions of the General Plan, shall be and remain applicable in their effect upon multiple dwelling units permitted to be built under Charter Article XXVI.
30-51 - DEFINITIONS AND EXCLUSIONS.
30-51.1 - Definitions.
For the purposes of Section 26-1, Article XXVI of the Charter, and this article, the following definitions shall be applicable:
Attached dwelling shall mean a dwelling which is joined to another dwelling at one (1) or more sides by a common wall or walls or other common features. Such dwelling unit is semi-attached if it is characterized by a common wall only (ground to roof) between similar units on one (1) or both adjoining lots.
Destroyed structure shall mean a residential building containing multiple dwelling units which is damaged to the extent of more than seventy (70%) percent of its value, or destroyed, by an accidental circumstance, including vis major, act of God, irresistible and insuperable cause occurring without the intervention of the owner or his agent, earthquake, lightning, storm, flood, fire caused by an outside or unavoidable means, enemy action, insurrection, riot, calamity caused by the elements, or other destruction reasonable beyond the control of the owner or his agent.
Detached dwelling shall mean a dwelling which is entirely surrounded by open space on the same single lot of record, the amount of which space corresponds to the regulations set forth in Articles I and II hereinabove. Such dwelling unit has no common wall, ceiling or feature with any other similar unit, and is designed and intended for occupancy by one (1) family.
Dwelling shall mean a building or portion thereof designed exclusively for residential occupancy, but not including hotels, motels, shared living, or house trailers, if the latter five (5) entities are located in approved districts or zones.
Dwelling unit shall mean a group of rooms, including one (1) kitchen, a bath and sleeping quarters designed for and not occupied by more than one (1) family.
Multiple dwelling units shall mean a residential building, whether a single structure or consisting of attached or semi-attached structures, designed, intended or used to
house, or for occupancy by, three (3) or more families, or living groups, living independently of each other, located in districts or zones authorized therefor. Each such family or group is deemed to occupy one (1) such dwelling unit.
Row dwellings shall mean a row of attached or semi-attached dwellings containing three (3) or more dwelling units, or a building in such a row, the structures containing which dwellings are connected in series. The characteristic of such structures is the common wall between them, whether or not they are located on single and separate lots. A town house or any other designation of this type of structure is a row dwelling if there are more than two (2) such units so connected.
30-51.2 - Included Definitions.
Words, phrases, designations and uses not hereinabove specifically defined shall have the meanings ascribed to them by Section 30-2 of Article I of this chapter. 30-51.3 - Multiple Dwelling Unit; Exclusions.
Multiple dwelling units, construction of which is prohibited by this article and by Article XXVI of the Charter, shall not be deemed to mean or include:
a. Dwelling, one-family;
b. Dwelling, two-family;
c. Dwelling units, not more than two (2) in number, in combination with a business, commercial or professional structure, provided the combined uses are located within an authorized district or zone;
d. Row dwellings, row houses, town houses, or similar types, provided no more than two (2) such units are connected or attached;
e. Hotels and motels designed for transient occupancy only, and shared living. 30-51.4 - Permits or Entitlements Issued, Applications Therefor Pending.
If, prior to the effective date of the Charter amendment, the City has issued a building permit or other entitlement for a multiple dwelling unit, or has duly approved a plan for a project containing or to contain such a unit, the permittee thereunder shall be deemed to have acquired a vested right to construct or reconstruct such structure, unit or plan; provided, however, no substantial changes may be made in any such development without complying with this article.
If, prior to the date, a person had applied for a building permit for a structure or project containing a multiple dwelling unit, and had submitted the plans required by the Building Code or other regulations, and such plans in the opinion of the Building Official require no substantial changes, corrections, deletions or additions, the Council may authorize the issuance of the permit if it finds the applicant has in good faith incurred expenses in reliance upon his submission of the application for a permit.
30-52 - REHABILITATION, REMODELING OR ALTERATION OF EXISTING STRUCTURES.
30-52.1 - Rehabilitation or Remodeling.
Existing multiple dwelling units may be rehabilitated or remodeled, provided that they comply with the provisions of this chapter.
30-52.2 - Alteration of Multiple Dwelling Units.
Any interpretation of the term "built", as used in Article XXVI of the City Charter, notwithstanding, no building shall be altered to increase the number of multiple dwelling units contained therein.
30-52.3 - Alteration of Other Buildings.
No building which does not contain multiple dwelling units shall be altered in such a way that it contains more than two (2) dwelling units.
30-53 - MULTIPLE DWELLING UNITS PROHIBITED.
30-53.1 - Charter Amendment Operative.
From and after the effective date of Article XXVI of the City Charter there shall be no multiple dwelling units built in the City of Alameda, except as provided in Section 26- 2 of said article.
30-53.2 - Building Permits.
There shall be no building permits or other entitlements issued by the City for the construction of any multiple dwelling unit within the City, and no application or plan for any project which contains, or proposes to contain, such unit shall be approved by the City or any of its officials, employees or departments. 30-53.3 - Exception, Destroyed Building.
A building permit may, notwithstanding the immediately preceding subsection, be issued to rebuild all dwelling units, or any parts thereof, of record at the time the building within which they are located becomes a destroyed structure, as defined in subsection 30-51.1 provided that all codes and regulations other than the zoning regulation density requirements are met by the reconstruction. All zoning regulation requirements which do not require a smaller number of units smaller in area shall be met. 30-53.4 - Applicability.
The prohibitions in this section contained shall be subject to each and every provision of section contained shall be subject to each and every provision of Sections 30-50 to 30-52 of this article, and the declarations, findings, definitions, exclusions and other provisions of this article shall govern the applicability of this section.
Section 8. The Citywide Zoning Map shall be amended to change the zoning designations as follows:
Zoning Map Amendments
Alameda Landing Shopping Center
Location: Fifth Street, Willie Stargell Avenue, Mariner Square Drive, and Mitchell Avenue
Zoning Map Amendment: Add CMU, Community Mixed Use
Combining District designation to lands outlined in black line.
APNs: 74-1366-3, 74-1366-2-2, 74-1366-2-1, 74-905-30, 74- 905-31
Approximate Acreage: 23.72
Harbor Bay Shopping Center
Location: Island Drive and McCartney Road
Zoning Map Amendment: Add CMU, Community Mixed Use
Combining District designation to lands outlined in black.
APN: 74-1045-10-2, 74-1045-10-1
Approximate Acreage: 9.59
South Shore Shopping Center
Location: Shore Line Drive, Otis Drive, Park Street
Zoning Map Amendment: Add CMU, Community Mixed Use
Combining District designation to lands outlined in black line.
APN’S: 74-1200-29-5, 74-1200-2-27, 74-1200-2-22, 74-1200- 2-18, 74-1200-29-4, 74-1200-28, 74-1200-2-19, 74-1200-2-20, 74-1200-2-3, 74 -1200-2-17, 74 -1200-2-25, 74 -1200-2-15, 74- 1200-2-16, 74-1200-32, 74-1200-31, 74-1200-27, 74-1200-2-9, 74-1200-25, 74-1200-29-2
Approximate Acreage: 53.23
Marina Village Shopping Center
Location: Marina Village Parkway
Zoning Map Amendment: Add CMU, Community Mixed Use
Combining District designation to lands outlined in black line.
APN’S: 74-1334-32-1, 74-1334-33-5, 74-1334-34-5, 74-1334- 35-5, 74-1334-36-4,
74-1334-37-1, 74-1334-38, 74-1334-48, 74-1334-49
Approximate Acreage: 13.09
2363-2433 Mariner Square Drive
Zoning Map Amendment: Add MF, Multifamily Residential Combining District designation to lands outlined in black line.
APN’S: 74-1315-1, 74-1315-5, 74-1315-6, 74-1315-7
Approximate Acreage: 2.39
Webster Street Plaza
Location: Webster Street, Atlantic Avenue
Zoning Map Amendment: Rezone lands outlined in black line from Manufacturing M-2 to CC Community Commercial.
APN’S: 73-426-26, 73-426-27, 73-426-28, 73-426-25
Approximate Acreage: 2.27
2199 Clement Avenue
Zoning Map Amendment: Add MF, Multifamily Residential Combining District designation to lands outlined in black line.
APN 71-289-6-1
Approximate Acreage 4.7-acre
Section 9. Severability. If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision and therefore the provisions of this Ordinance are severable. The City Council declares that it would have enacted each section, subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of any other section, subsection, paragraph, subparagraph or sentence.
Section 10. Implied Repeal. Any provision of the Alameda Municipal Code inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to effect t he provisions of this Ordinance.
Section 11. Effective Date. 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.
Section 12. Authority. This Ordinance is enacted pursuant to the City of Alameda’s general police powers, Section 1 -2 of the Charter of the City of Alameda, and Article XI of the California Constitution.
_____________________________
Presiding Officer of the City Council
Attest:
____________________
Lara Weisiger, City Clerk
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda at a regular meeting assembled on this 15th day of November 2022 by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this ____ day of __________ 2022.
_____________________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
________________________
Yibin Shen, City Attorney
City of Alameda