Sections:
17.106.010 - Lot area and width exceptions.
17.106.020 - Exceptions to street frontage requirement.
17.106.060 - Increased number of living units in senior citizen housing.
17.106.010 - Lot area and width exceptions.
The minimum lot area and lot width requirements prescribed in the applicable individual zone regulations shall be subject to the following exceptions:
A.
Existing Substandard Parcel. Any existing substandard parcel of contiguous land may be developed as a lot if such parcel existed lawfully under the previous zoning controls.
B.
Division of Parcel with Existing Buildings. Where a parcel contains two or more existing principal buildings, which existed lawfully under the previous zoning controls, said parcel may be divided into two or more lots which do not have the minimum lot area, and minimum frontage, yards, open space, and parking requirements otherwise applying to the divided lots may be waived or modified upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134. Each resulting lot shall accommodate at least one existing principal building and each lot shall have frontage on a street. A conditional use permit may be granted only upon determination that the proposal conforms to the general use permit criteria in Chapter 17.134 and to the following special criteria:
1.
That all principal structures existed lawfully under the previous zoning controls, and are habitable or in sound condition;
2.
That the proposal will not result in a lot which is so small, so shaped, or so situated that it would be impractical for subsequent permitted uses;
3.
That the proposal will maintain the existing amount of usable open space and off-street parking spaces for any Residential Facilities involved.
(Ord. 12872 § 4 (part), 2008; prior planning code § 7050)
17.106.020 - Exceptions to street frontage requirement.
Notwithstanding the requirements prescribed in the applicable individual zone regulations with respect to minimum frontage upon a street, a lot which does not meet such requirements may be created and/or developed in each of the following situations:
A.
If it has a frontage of not less than twenty-five (25) feet upon an undedicated vehicular way, other than one similar in function to an alley or path, which has a right-of-way not less than forty (40) feet in width and which was shown on the sewer maps on file with the City Engineer on the effective date of the zoning regulations;
B.
If it is served by a private access easement approved pursuant to the real estate subdivision regulations and subject to the provisions of Section 17.102.090
C.
If it consists of a parcel of contiguous land which existed lawfully under the previous zoning controls;
D.
If it meets the same conditions as are prescribed in Section 17.106.010 for lot area and width exceptions;
E.
With the exception of subsections B and C of this section, nothing in this section shall exempt parcels in the S-11 zone from any street frontage requirement.
(Ord. 12872 § 4 (part), 2008; prior planning code § 7051)
A.
Portion of Lot Area Used in Computing Density. For mixed use projects in the CBD zones and Jack London district, the allowable intensity of development may be measured according to the maximum FAR allowed by the zone without a separate residential density calculation, provided the maximum number of units pursuant to the residential density allowed by the General Plan and Estuary Policy Plan is not exceeded. (The Central Business District is that area identified as part of the Land Use and Transportation Element Land Use Diagram of the General Plan. The Jack London district is that area identified as part of the Estuary Policy Plan and adopted as part of the General Plan.)
B.
Portion of Lot Area Used in Computing Density. For mixed use projects located in areas other than the CBD zones and Jack London district, in which a maximum floor area ratio is generally prescribed for Nonresidential Facilities, no portion of lot area used to meet the density requirements for a Residential Facility shall be used as a basis for computing, through such floor area ratio, the maximum amount of floor area for any Nonresidential Facility on the same lot.
C.
Different Floor-Area Ratios. In all zones in which the maximum floor-area ratio generally prescribed for Residential Facilities is different from that for Nonresidential Facilities, the overall maximum floor-area ratio of any lot containing both Residential and Nonresidential Facilities shall be the greater of the two prescribed floor-area ratios. However, the total floor area actually devoted to each class of facility shall not exceed the maximum ratio prescribed for that class.
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12772 § 1 (part), 2006; Ord. 12349 § 3, 2001; prior planning code § 7053)
A conditional use permit for an increase in the number of living units or floor-area ratio for a Residential Facility with more than four (4) stories containing living units, wherever such increase is provided for in the applicable individual zone regulations, may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to all of the following additional use permit criteria:
A.
That openness of development, limitation of site coverage, and the design of the facilities effectively compensate for the potential effect of the added structural bulk upon adjoining properties and the surrounding area;
B.
That the shape and siting of the facilities are such as to minimize blocking of views or sunlight from adjoining lots or from other Residential Facilities in the surrounding area;
C.
That usable open space is provided substantially in excess of the amount otherwise required.
(Ord. 12872 § 4 (part), 2008; prior planning code § 7057)
A conditional use permit for an increase in the number of living units or floor-area ratio upon acquisition of nearby development rights, wherever such increase is provided for in the applicable individual zone regulations, may be granted only upon determination that the proposal conforms to the general use permit criteria set forth in the conditional use permit procedure in Chapter 17.134 and to all of the following additional use permit criteria:
A.
That the applicant has acquired development rights from the owners of abutting lots, restricting the number of living units or the amount of floor area which may be developed thereon so long as the facilities proposed by the applicant are in existence;
B.
That the owners of all such abutting lots shall prepare and execute an agreement, approved as to form and legality by the City Attorney and filed with the Alameda County Recorder, incorporating such restriction;
C.
That the resultant reduction in potential number of living units or amount of floor area on the abutting lots is sufficient in amount and is so located as to cause the net effect upon the surrounding neighborhood to be substantially equivalent to that of the development which would be allowable otherwise.
(Ord. 12872 § 4 (part), 2008; prior planning code § 7058)
17.106.060 - Increased number of living units in senior citizen housing.
Wherever provided for in the applicable individual zone regulations, the number of residential living units otherwise permitted or conditionally permitted may be increased by not to exceed seventy-five percent (75%) in senior citizen housing where living units are regularly occupied by not more than two individuals at least one of whom is sixty (60) years of age or older or is physically handicapped regardless of age, upon the granting of a conditional use permit pursuant to the conditional use permit procedure in Chapter 17.134 and upon determination that the proposal conforms to both of the following additional use permit criteria:
A.
That such occupancy is guaranteed, for a period of not less than fifty (50) years, by appropriate conditions incorporated into the permit;
B.
That the impact of the proposed facilities will be substantially equivalent to that produced by the kind of development otherwise allowed within the applicable zone, with consideration being given to the types and rentals of the living units, the probable number of residents therein, and the demand for public facilities and services generated.
(Ord. No. 13064, § 2(Exh. A), 3-15-2011; Ord. 12872 § 4 (part), 2008; prior planning code § 7059)