A. 
Structure of Regulations. The zoning regulations are divided into six parts:
Title 1: General Provisions
Title 2: Base District Regulations
Title 3: Overlay District Regulations
Title 4: Regulations Applying in All or Several Districts
Title 5: Administrative Regulations
Title 6: Affordable Housing Regulations
B. 
Types of Regulations. Three types of zoning regulations control the use and development of property:
1. 
Land Use Regulations specify land uses permitted, conditionally permitted, or prohibited in each zoning district, and include special requirements, if any, applicable to specific uses. Land use regulations for base zoning districts are in Title 2 of the zoning regulations; land use regulations for overlay districts are in Title 3. Certain regulations, applicable in all or several districts, are in Title 4.
2. 
Development Regulations control the height, bulk, location, and appearance of structures and development sites. Development regulations for base zoning districts are in Title 2 of the zoning regulations; development regulations for overlay districts are in Title 3. Certain development regulations, applicable in more than one class of base or overlay districts, are in Title 4. These include regulations for site development, parking and loading, signs, and nonconforming uses and structures.
3. 
Administrative Regulations contain detailed procedures for the administration of zoning regulations, including requirements for zoning permits; notice and public hearings on use permits and variances; site plan review; development agreements; amendments; appeals of zoning decisions; and enforcement. Administrative regulations are in Title 5.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Applicability to Property. The Zoning Code shall apply to all land within the City of San Leandro and to state or federal agencies, to the extent applicable by law. Application of regulations to specific lots shall be governed by the zoning map.
B. 
Applicability to Streets and Rights-of-Way. Public streets, utility, and other rights-of-way shall be in the same zoning district as contiguous property. Where contiguous properties are classified in different zoning districts, the centerline of the street or right-of-way shall be the district boundary, unless otherwise depicted on the zoning map.
C. 
Compliance with Code. No land shall be used and no structure shall be constructed, occupied, enlarged, altered, demolished or moved in any zoning district, except in accord with the provisions of this Code.
D. 
Public Nuisance. Neither the provisions of this Code nor the approval of any permit authorized by this Code shall authorize the maintenance of any public nuisance.
E. 
Compliance with Public Notice Requirements. Compliance with public notice requirements prescribed by this Code shall be deemed sufficient notice to allow the City to proceed with a public hearing and take action on an application, regardless of actual receipt of mailed or delivered notice.
F. 
Requests for Notice. Where this Code requires that notice be given by first class mail to "any person who has filed a written request for such notice," the request shall be filed with the Zoning Enforcement Official and shall be subject to any applicable fees set to cover mailing costs.
G. 
Conflict with Other Regulations. Where conflict occurs between the provisions of this Code and any other City code, title, chapter, resolution, guideline, or regulation, the more restrictive provision shall control unless otherwise specified in this Code.
H. 
Relation to Previously Approved Planned Developments. All Planned Developments approved under a prior zoning ordinance shall be considered legal uses and legal structures, provided that they conform to all applicable conditions of approval.
I. 
Relation to Private Agreements. This Code shall not interfere with or annul any easement, covenant, or other agreement now in effect, provided that where this Code imposes greater restriction than imposed by an easement, covenant, or agreement, this Code shall control.
J. 
Relation to Prior Code. The provisions of this Code supersede all prior zoning codes, as amended, of the City of San Leandro, except that no provision of this Code shall validate or legalize any land use or structure established, constructed, or maintained in violation of the prior zoning code, as amended, unless specifically authorized by this Code.
K. 
Application During Local Emergency. The San Leandro City Council, under the provisions of Title 3, Chapter 3-4 Disaster Regulations of the Municipal Code, may authorize deviations from any provision of this Code during a local emergency. Any deviations so authorized shall be by resolution of the Council, without notice or public hearing, pursuant to Title 3, Chapter 3-4.
L. 
Severability. If any section, subsection, sentence, or phrase of this Code is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this Code shall not be affected. It is expressly declared that this Code and each section, subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this Code would be declared invalid or unconstitutional.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4)
A. 
Zoning Designation System. Land use and development regulations applicable to specific sites shall be shown on the zoning map by zoning district designations consisting of classes of letter designators:
1. 
A land use regulations designator, indicating the principal land uses permitted or conditionally permitted in each zoning district, shall be a component of all zoning designations.
2. 
A density designator, indicating the density range, shall be shown for all multiple residential districts.
3. 
Overlay district designators shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site.
B. 
Establishment of Base Zoning Districts. Base zoning districts into which the City is divided are established as follows:
Base District Designator
Base District Name
Chapter
RD
Residential Duplex (Two-Family)
2.04
RM
Residential Multi-Family
2.04
RO
Residential Outer
2.04
RS
Residential Single-Family
2.04
B-TOD
Bay Fair Transit-Oriented Development
2.10
CC
Commercial Community
2.08
CN
Commercial Neighborhood
2.08
CR
Commercial Regional
2.08
CS
Commercial Services
2.08
DA-1
Downtown Area-1
2.08
DA-2
Downtown Area-2
2.08
DA-3
Downtown Area-3
2.08
DA-4
Downtown Area-4
2.08
DA-6
Downtown Area-6
2.08
NA-1
North Area-1
2.08
NA-2
North Area-2
2.08
P
Professional
2.08
SA-1
South Area-1
2.08
SA-2
South Area-2
2.08
SA-3
South Area-3
2.08
IG
Industrial General
2.12
IL
Industrial Limited
2.12
IP
Industrial Park
2.12
IT
Industrial Transition
2.12
OS
Open Space
2.16
PS
Public and Semipublic
2.20
C. 
References to Classes of Base Districts. References to R Districts refer to all residential districts; references to C Districts refer to all commercial Districts; and references to I Districts refer to all industrial districts.
D. 
Establishment of Overlay Zoning Districts. Overlay zoning districts, one or more of which may be combined with a base district, are established as follows:
Overlay District Designator
Overlay District Name
Chapter
PD
Planned Development
3.04
IS
Interim Study
3.08
CV
Conservation
3.12
S
Special Review
3.16
AU
Assembly Use
3.20
N
Nonconforming Use
3.24
L
Landmark
3.28
(Ord. 2001-015 § 1; Ord. 2008-003 § 1; Ord. 2020-002 § 4; Ord. 2020-012 § 3)
A. 
Zoning Regulations. Where uncertainty exists regarding the interpretation of any provision of this Code or its application to a specific site, the Zoning Enforcement Official shall determine the intent of the provision.
B. 
Zoning Map. Where uncertainty exists regarding the boundary of a zoning district the following rules shall apply:
1. 
District boundaries shown as approximately following the property line of a lot shall be construed to follow such property line.
2. 
On un-subdivided land, or where a district boundary divides a lot, the location of the district boundary shall be determined by using the scale appearing on the zoning map, unless the boundary location is indicated by dimensions printed on the map.
3. 
District boundaries shown as approximately following right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.
4. 
District boundaries shown as lying within right-of-way lines of freeways, streets, alleys, railroads, or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.
5. 
Should any uncertainty remain as to the location of a district boundary or other feature shown on the zoning map, the location shall be determined by the Zoning Enforcement Official.
C. 
Record of Interpretation. The Zoning Enforcement Official shall keep a record of interpretations made pursuant to this section, which shall be available to the public for review.
D. 
Appeals. An interpretation of the zoning regulations or zoning map by the Zoning Enforcement Official may be appealed to the Planning Commission as provided in Chapter 5.20 Appeals.
(Ord. 2001-015 § 1; Ord. 2020-002 § 4; Ord. 2024-011, 7/15/2024)
A. 
Approved Projects.
1. 
No provision of this Code shall require any change in the plans, construction, or designated use of any structure for which a building permit has been issued prior to the effective date of this Code or any subsequent amendment.
2. 
Use permits, Planned Developments, and other discretionary approvals, any of which are valid on the effective date of this Code, shall remain valid until their expiration date. These projects can be built in accord with the conditions of approval in effect at the time of approval, provided that the approval is valid at the time building permits are issued and that such a permit is subject to any time limits imposed pursuant to the Uniform Building Code, adopted by the City. Unless otherwise expressly established in a use permit, variance, Planned Development or other discretionary zoning approval, the use permit, variance, Planned Development or other discretionary approval shall lapse one year after the effective date of this Code unless, by that date:
a. 
A complete application for a building permit has been accepted; or
b. 
A certificate of occupancy has been issued; or
c. 
The use is established; or
d. 
An extension of time has been duly approved by the City.
3. 
Any reapplication for an expired permit must meet the standards in effect at the time of reapplication.
4. 
Any modification of a valid permit issued prior to the effective date of this Code that results in a change in use that affects more than ten percent of the floor area or an increase in square footage by more than ten percent of the floor area shall be approved only as a conditional use under the provisions of Chapter 5.08 Use Permits and Variances. In no case may an increase in excess of 2,500 square feet be allowed.
B. 
Projects in Process. Projects for which no approval or permit has been granted prior to the effective date of this Code shall be subject to the land-use regulations, development standards, and other requirements of this Code.
(Ord. 2020-002 § 4; Ord. 2022-001 § 3)