PROPOSED CODE AMENDMENTS
City Council 07.01.24
Purpose
2 Staff periodically prepares code amendments to
improve operational efficiency and ensure
regulations remain relevant, accurate and
enforceable over time
Regular code updates allow the City to monitor
effectiveness of new regulations and make
refinements, as needed
Code amendments advance adopted City
Council Priorities and Work Plans
Adopt
Review
Refine
CODE
AMENDMENTS
Recommended Code Amendments
Municipal Code Amendments
Provide clear, enforceable property maintenance standards for commercial and multi-unit properties and vacant lots
Update mobile food vendor regulations to align with State law and enable clear enforcement process
Establish clear and enforceable noise ordinance standards Zoning Code Amendments
Modify fencing standards to allow for additional flexibility for the security of industrial properties and vacant buildings and properties Automatically extend project entitlements for two years Replace references to Board of Zoning Adjustments with Planning Commission 3 Other Enforcement Security
Project Timeline
4 Analysis and
Assessment
WINTER
2023
Draft
Amendments
Final
Amendments
Adoption
SUMMER
2024
we are here
- Opportunity for input
LATE
SPRING
2024 EARLY
SPRING
2024
ENFORCEMENT/ SECURITY AMENDMENTS
Commercial and Multi-Family Maintenance
Applicable to any property used for commercial business activities or multi-family housing with five or more units
Multi-tenant commercial shopping center property and multi-unit property must post property management contact information on site
6 Litter and debris Unmaintained landscaping
Enforcement
Commercial and Multi-Family Maintenance
Maintenance requirements for buildings,
common areas, and parking lots
Lighting and signage
Cleaning of buildings and walkways
Surface defects, including parking
areas
Standards for landscaping and litter control
Regular mowing
Weed maintenance
7 Parking area defects
Dumping and Litter
Surface and Signage Defects
Enforcement
Boarding Permit
New Boarding Permit process proposed
Initial 90-day period, unless extended by Chief Building Official May be authorized when one of following applies:
Owner has complete and active application pending for building permit, demolition permit, or other development entitlement
Building is subject of active building/demo permit and owner is progressing diligently
Building meets all codes, does not contribute to blight, is ready for occupancy, and is actively being offered for sale, lease, or rent
Building Official has determined continued boarding is necessary for public safety
8 Enforcement
Vacant Lot Maintenance
Applicable to all undeveloped properties
Local Contact. Identify local contact with
authority to act on behalf of owner
General Maintenance. Free of litter, weeds,
junk, graffiti, other materials and regularly
monitored
Signage. Posted with ‘No Trespassing’ signs and
contact information of property management
agent
Fencing. Fenced on all sides with minimum 6-
foot-high transparent fence
Vegetation Management. Weeds, ground cover,
and grasses no higher than 4 inches
9 Junk, litter, and debris
Vegetation maintained. Site free of litter
Enforcement
Mobile Food Vending
Existing Regulations
Municipal Code Chapter 4-34 regulates Mobile Food Vending Permit process overseen by Finance Department
Alameda County Health Department permitting
Enforcement by Police Department and County Health Department Senate Bill (SB) 946
Aimed at decriminalizing and promoting sidewalk vending Prohibits banning sidewalk vendors
Prohibits criminalizing sidewalk vending
Complicated enforcement of City’s existing regulations Proposed Amendments
Align Municipal Code regulations and administrative penalties with State law
Enable clear enforcement process
10 Enforcement
Noise Ordinance Amendments
11 Existing Regulations
Subjective and difficult to enforce
Enforcement by San Leandro Police Department
Proposed Amendments
More precisely describes what constitutes disturbing/excessive/offensive noise
Introduces clear, measurable noise limits for music, stereos and electronics Applicable limits based on time of day (8am-10pm: 65 decibels, 10pm8am: 55 decibels) Ambient noise levels exceeded by more than 5 decibels Enables clear enforcement process
Enforcement
Security Fencing
Increased Height in Street-facing Setbacks Areas
in Industrial Districts. Increase allowable height
from 3-foot maximum to 8-foot maximum,
provided:
Portions over 3 feet in height are visually
transparent
Area between fence and property line is
landscaped
Driveway visibility requirements are met
Increased fence heights in front setback areas has
been a common request from business owners in
recent years
12 Security
Transparent fence with landscaping in front
Security Fencing (PC Recommendation)
On June 6, 2024, the Planning Commission recommended Council adoption of proposed Zoning Code Amendments
The Commission’s recommendation did not include staff’s proposal to:
Allow security fencing (razor/barbed wire) in front setbacks (IL and IG Districts only) Allow electrified fencing to secure properties (IL and IG Districts only) Three commissioners supported the expanded use of barbed/razor wire and electrified fencing; one commissioner did not
Members of the public representing electrified fencing industry:
Advocated for allowing electrified fencing to support local businesses Requested additional fence height and smaller separation between perimeter fence A member of the public spoke against electrified fencing due to concerns about the image it promotes and failure to address root causes of crime Draft language included as Attachment H for Council’s consideration 13 Security
OTHER AMENDMENTS
Consolidation of Board of Zoning
Adjustments and Planning Commission
Change all references to “Board of Zoning Adjustments” to “Planning Commission”
Council will separately consider amendments to Administrative Code to combine Board of Zoning Adjustments and Planning Commission into one single advisory body
Board of Zoning Adjustments and Planning Commission have conducted business as a single board since 2018
15 Other
Automatic Extension of Entitlements
Proposed amendments would automatically
extend active entitlements as of March 1,
2024, for two years
Economic conditions have slowed
development
Typical two-year deadline for projects to
obtain grading or building permits after
entitlement
More than 2,000 entitled housing units
awaiting construction
16 Other
Outreach
Draft property maintenance and fencing
amendments presented to Planning Commission
Public Draft Amendments posted to City’s website
for public comment
Notified Homeowners Associations
Presentations and listening sessions with:
San Leandro Chamber of Commerce Board
Downtown San Leandro Improvement
Association (SLIA) Board
Washington Manor Homeowners’ Association
17 Financial Impacts
▷ No direct fiscal impact with
adoption of Code amendments
18 Recommendation
Staff recommends City Council:
Introduce Ordinance amending the Zoning Code to:
Modify fencing standards to allow for additional flexibility for the security of industrial properties and vacant buildings and properties Automatically extend project entitlements for two years Replace references to Board of Zoning Adjustments with Planning Commission Introduce Ordinance amending the Municipal Code to:
Provide clear, enforceable property maintenance standards for commercial and multi-unit properties and vacant lots
Update mobile food vendor regulations to align with State law and enable clear enforcement process
Establish clear and enforceable noise ordinance standards Ordinances would return to Council for Second Reading (tentatively scheduled for July 15) Ordinances would become effective 30-days after Second Reading 19