HomeMy WebLinkAboutCDD MEMO 4-7-2021 Minor Amend ALCO 79-82
DATE: April 7, 2021
TO: Files: ZU 1411 Ordinance No. 79-82 (Original) and PA 87-019
(Amador Center SDR)
FROM: Jeff Baker, Community Development Director
SUBJECT: Minor Amendment to Planned Development Zoning District
Alameda County Ordinance No. 79-82
PLPA-2021-00013
Background
On October 4, 1979, the Board of Supervisors of the County of Alameda, adopted
Alameda County Ordinance No. 79-82, which rezoned several parcels located on
Dougherty Road and Houston Place from M-1 (Light Industrial) to Planned
Development (PD). The PD established that the development standards would
generally follow the regulations of the M-1 zoning district with some exceptions.
On May 4, 1987, the Planning Commission approved Resolution No. 87-036, which
approved a Site Development Review Permit, Conditional Use Permit, Variance and
Tentative Parcel Map (PA 87-019) to remodel the existing building and construct two
new structures at 6000 Dougherty Road, referred to as “Amador Center.”
In response to the Alameda County Health Order that limited indoor dining as part of
the COVID-19 pandemic, Denica’s, an eating and drinking establishment, that
occupies Building C at Amador Center, installed a deck for outdoor seating along the
street side and rear (north side) of the building. Neither the PD nor the M-1 zoning
district, include regulations for decks.
Proposal
The City is initiating a Minor Amendment to the Planned Development to regulate
unenclosed decks under 30 inches for the purpose of outdoor seating for eating and
drinking establishments. The COVID-19 pandemic has created a need to create space
for outdoor uses and it is anticipated that this need for outdoor space will extend
beyond the pandemic.
The proposed amendment would allow decks to encroach into required rear and side
setbacks as long as they comply with the building code.
Minor Amendment to a Planned Development (PD) Zoning District
A minor amendment to an adopted PD may be approved administratively by the
Community Development Director upon a finding that the amendment substantially
complies with and does not materially change the provisions or intent of the adopted
PD zoning district for the site (DMC Section 8.32.080).
Approval
This Minor Amendment to the PD can be approved for the following reasons:
1. Outdoor seating is a permitted use type in the M-1 zoning district. The
allowance of decks less than 30 inches in height to allow for outdoor seating would
have no greater impact to the site or adjacent parcels as an at-grade patio.
2. The Zoning Ordinance requires a Site Development Review Waiver per Chapter 8.104 (Site Development
Review) for outdoor seating associated with an eating and drinking establishment in PD zoning districts
with multifamily, commercial or industrial uses. Allowing the flexibility for outdoor seating to be
provided by a deck would create more opportunities for eating and drinking establishments to provide
outdoor seating spaces.
3. Decks under 30 inches have no setback requirements under the building code.
4. Due the COVID-19 pandemic, Alameda County Health Orders have limited indoor dining and permitted
outdoor dining so many eating and drinking establishments have had to finds ways to provide outdoor
seating to their customers. It is anticipated that after COVID-19 restrictions are lifted, eating and
drinking establishments will continue to utilize outdoor dining as a way to increase the number of
customers and/or provide opportunities to spread out.
Therefore, the Community Development Director hereby approves a Minor Amendment to Planned
Development Ordinance No. 79-82 to allow unenclosed decks under 30 inches for the purpose of outdoor
seating for eating and drinking establishments to encroach into the side or rear setbacks in compliance with the
building code. The Director further finds that the Minor Amendments is in substantial compliance with, and does
not materially change the provisions or intent of, Planned Development Ordinance No. 79-82.