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Packet 01042022
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9/29/2025 8:56:26 AM
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6/9/2022 12:54:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/4/2022
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Ord 2022-001 ZONING CODE SECTION 4.04.336, MULTI-FAMILY AND MIXED-USE RESIDENTIAL DEV
(Amended)
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\City Clerk\City Council\Ordinances\2022
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City of San Leandro <br />A-24 <br />as new applications, to be reviewed as a new project by the decision making body as <br />required by Subsection E. (Ord. 2007-001 § 1; Ord. 2001-015 § 1) <br />2.04.412 RS-VP Sub-District—Residential Site Plan Review and Exceptions to Height <br />Restrictions <br />AA. Intent of RS-VP (View Preservation) Sub-District. The regulations and review requirements of the <br />RS-VP Sub-District are intended to restrict new construction that would impair residents’ enjoyment <br />of distant views of scenic features. New single-family construction projects are regulated so that <br />neighbors’ views are not unreasonably blocked by the new construction. Pursuant to Section <br />2.04.320 Maximum Height of Structures, the maximum height of structures in the RS-VP Sub- <br />District is not to exceed 18 feet or one story. In addition, all new homes and additions are evaluated <br />through a publicly noticed discretionary procedure to prevent unreasonable blockage of views, <br />minimize potential adverse impacts to neighbors and to assure single-family residences are <br />visually compatible with their surroundings (“View Preservation/Site Plan Review”). <br />BB. Height Restrictions in the RS-VP Sub-District. <br />1. Maximum Height of Structure Shall Not Exceed 18 Feet. Notwithstanding the definition of <br />“height” in Section 1.12.108 Definitions, the maximum height of a structure in the RS-VP <br />Sub-District shall not exceed 18 feet, pursuant to Subsection D of Section 2.04.320 <br />Maximum Height of Structures. <br />2. Maximum of One Story. A maximum of one story is permitted in the RS-VP Sub-District, <br />except that the improvement of a basement or space below an existing habitable story <br />(i.e., construction of a new habitable story within the building envelope of a pre-existing <br />structure) is exempt from this one story limitation. <br />CC. Exceptions to Height Restrictions of the RS-VP Sub-District. <br />1. Exceptions Authorized. The Board of Zoning Adjustments is authorized to grant Exceptions <br />to the height limits of the RS-VP Sub-District, up to a height not to exceed the 30 feet height <br />limit of the base RS District. Construction in excess of the base RS District’s limit of 30 feet <br />is subject to approval of both an Exception, as authorized by this section, and a Variance <br />pursuant to the requirements of Chapter 5.08 Use Permits, Variances, and Parking <br />Exceptions. <br />2. Required Finding for Granting of an Exception. To approve an Exception to the height limit <br />of the RS-VP Sub-District, the decision-making body shall make the following finding: <br />a. Mandatory Finding—The Views Currently Enjoyed by Neighbors Are Retained. The <br />proposed construction that is in excess of the height limit of the RS-VP Sub-District <br />does not unreasonably block or diminish neighbors’ views of distant and scenic <br />features, such as the San Francisco Bay and surrounding open spaces and <br />skylines, to any greater degree than would a proposal for construction that <br />conformed to the height limits of the RS-VP Sub-District. <br />73
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