Commercial Real Estate in Alameda County: City and County Zoning, Measure D and Transfer Taxes

By Matthew Martinez, Founder, CEO & Managing Broker, Diamond Real Estate Group. California DRE #01869679.

Most commercial property in Alameda County sits inside its 14 cities. Each city sets its own zoning, and many add their own transfer tax. The county itself regulates the unincorporated communities, which are Castro Valley, San Lorenzo, Ashland, Cherryland, Fairview and Hayward Acres in the west, and the rural lands around Sunol and Livermore in the east, where Measure D sharply limits new building. Start every deal by confirming who regulates the parcel, then check its zoning with that agency.

Who controls the parcel

Jurisdiction Regulator City transfer tax (per $1,000, from County Clerk-Recorder) Our guide
Alameda City of Alameda $12.00 Alameda
Albany City of Albany $15.00 Albany
Berkeley City of Berkeley $15.00 to $1.7M; $25.00 above Berkeley
Dublin City of Dublin Not listed Dublin
Emeryville City of Emeryville $12.00 / $15.00 / $25.00 tiers Emeryville
Fremont City of Fremont Not listed Fremont
Hayward City of Hayward $8.50 Hayward
Livermore City of Livermore Not listed Livermore
Newark City of Newark Not listed Newark
Oakland City of Oakland $10.00 to $25.00 in four tiers Oakland
Piedmont City of Piedmont $13.00 Piedmont
Pleasanton City of Pleasanton Not listed Pleasanton
San Leandro City of San Leandro $11.00 San Leandro
Union City City of Union City Not listed Union City
Castro Valley, San Lorenzo, Ashland, Cherryland, Fairview, Hayward Acres Alameda County Planning (Eden Area and Castro Valley Area Plans) None; county tax only Castro Valley, San Lorenzo, Fairview
Sunol and rural East County Alameda County Planning (East County Area Plan, Measure D) None; county tax only Sunol

A mailing address can mislead. A "Hayward" address may be in unincorporated Fairview or Cherryland, and a "Livermore" address may be outside the urban growth boundary. The county’s planning page links its Zoning Viewer map for checking a parcel.

Unincorporated Alameda County zoning for commercial, industrial and mixed use

The county zoning ordinance is Title 17 of the County Ordinance Code. Its main business districts:

District Intended uses Notes
C-O Administrative Office Professional and business offices with little walk-in traffic 35 ft. Clinics, pharmacies, R&D labs and worker-serving restaurants need a CUP
C-N Neighborhood Business Small convenience shopping in residential areas 35 ft. Alcohol outlets, drive-ins and Type A service stations need a CUP
C-1 Retail Business Comparison retail, offices, banks, restaurants 45 ft, or 35 ft within 50 ft of R-1, R-3 or R-S. Taverns and drive-ins need a CUP
C-2 General Commercial Broad business activity, plus uses kept out of C-1 such as auto repair, wholesale and contractors 45 ft. Cannabis retail, alcohol outlets, taverns and tattoo studios need a CUP. Superstores and hospitals go to the Planning Commission
M-1 Light Industrial Enclosed manufacturing, processing, research, wholesale, storage 45 ft, 20,000 sq ft minimum site. The county notes it is rarely used, since most industry is inside cities
Castro Valley CC Community Commercial Community-serving retail and offices FAR 1.5, 45 ft. Sites of an acre or more give 5% to public open space
HE Housing Element overlay Mixed-use and housing on mapped sites, e.g. CN-60-HE, CC-60-HE, C1-22-HE Mixed-use sites must be at least 50% residential floor area

In C-N, C-2 and other commercial districts, any building or addition of 1,000 square feet or more needs county site development review. C-N and C-2 uses must also meet the M-P performance standards for noise, odor and emissions.

Castro Valley, the Eden Area and East County

Castro Valley. Castro Valley has its own zoning chapter, 17.51, and a Central Business District Specific Plan, adopted in January 1993. The plan covers about 288 acres along Castro Valley Boulevard from I-580 to Center Street and sorts uses into four land use groups: intensive retail, auto-oriented and light industrial, offices, and high-density residential. The county’s C-1 summary notes that downtown uses fall under the plan’s land use groups, not the base C-1 list. C-N and C-2 also allow artisan and maker spaces in Castro Valley.

Eden Area. The Eden Area Plan covers Ashland, Cherryland, Hayward Acres, San Lorenzo and Fairview. These communities have specific plans for the Ashland and Cherryland business districts along East 14th Street and Mission Boulevard, and for San Lorenzo, Fairview and Madison Avenue. The 2015 draft EIR for the Ashland Cherryland plan update, filed on CEQAnet, covers about 246 acres around East 14th Street/Mission and Lewelling. It studied up to 570,000 square feet of non-residential space along with new housing.

East County and Measure D. Voters approved Measure D in November 2000. The LAFCo review describes it as effectively ending new urban development in unincorporated East County. It drew an urban growth boundary that steers growth into Dublin, Pleasanton and Livermore. In Large Parcel Agriculture areas, non-residential buildings are capped at 0.01 FAR, with a 20,000 square foot floor (greenhouses 0.025), and most buildings must sit in a two-acre envelope. Tasting rooms, fruit stands and bed-and-breakfasts are allowed within those limits. The county also has a South Livermore Valley specific plan for its wine country.

Cannabis, alcohol and other county permits

The county regulates cannabis retail under Chapters 6.108 and 6.109 of the Ordinance Code, and the C-2 district lists cannabis retail as a conditional use. In unincorporated C-N, C-1 and C-2, alcohol outlets need a conditional use permit from the Board of Zoning Adjustments. In C-2, adult entertainment needs Planning Commission approval and a 1,000-foot buffer from residential zones and other adult uses. Inside a city, that city’s own rules apply instead.

Transfer tax, business tax and property tax

The Alameda County Clerk-Recorder charges a county documentary transfer tax of $0.55 per $500 of value, excluding liens that remain. It also collects city conveyance taxes on full value for Alameda, Albany, Berkeley, Emeryville, Hayward, Oakland, Piedmont and San Leandro, at the rates in the table above. Oakland’s top tier is $25 per $1,000 above $5 million, and Berkeley’s is $25 above $1.7 million, so a city tax can easily cost more than the county tax. The Clerk-Recorder’s page lists no conveyance tax for Dublin, Fremont, Livermore, Newark, Pleasanton or Union City. Under Proposition 13, a sale generally resets the assessed value. Business license taxes are set city by city, and we did not verify a county business license tax for unincorporated areas.

Due diligence that matters in Alameda County

Start with our commercial due diligence checklist, then add:

  • Confirm city or county jurisdiction with the Zoning Viewer, not the mailing address.
  • In unincorporated areas, check for a specific plan (Castro Valley CBD, Ashland Cherryland, San Lorenzo, Fairview, Madison Avenue).
  • Check whether the site carries an HE overlay, which may favor housing or mixed use.
  • Outside the East County growth boundary, test any building against the Measure D FAR and envelope limits.
  • Price the city conveyance tax on full value where one applies.
  • For alcohol, cannabis, drive-in or auto uses, get the existing CUP and its conditions.

Questions people ask

Which Alameda County cities charge their own transfer tax?

The County Clerk-Recorder lists conveyance taxes for Alameda, Albany, Berkeley, Emeryville, Hayward, Oakland, Piedmont and San Leandro. Oakland, Berkeley and Emeryville tax higher-value sales at higher tiers.

Who handles zoning in Castro Valley or San Lorenzo?

Alameda County Planning, under the Castro Valley Area Plan or the Eden Area Plan and any specific plan for the area.

What is Measure D?

A November 2000 voter initiative that set an urban growth boundary in East County and caps non-residential buildings in Large Parcel Agriculture areas at 0.01 FAR, with a 20,000 square foot minimum allowance.

Can I open a tasting room in rural East County?

Tasting rooms are among the visitor-serving uses allowed in Large Parcel Agriculture areas, within Measure D’s building limits.

Does unincorporated Alameda County allow cannabis retail?

Cannabis retail appears as a conditional use in the county’s C-2 district, governed by Chapters 6.108 and 6.109.

How tall can a commercial building be in unincorporated areas?

35 feet in C-O and C-N, and 45 feet in C-1, C-2, M-1 and Castro Valley CC. C-1 and Castro Valley CC drop to 35 feet near certain residential districts.

Does Diamond handle commercial property in Alameda County?

Contact Matthew Martinez to discuss buying, selling or leasing commercial property anywhere in Alameda County.

Sources & notes

  1. Alameda County Ordinance Code, Title 17 Zoning (GoCodebook), including Chapters 17.31, 17.36, 17.40 and 17.51
  2. Alameda County Planning, district summaries for C-O, C-1 and M-1
  3. Alameda County Planning, General Plan, Specific Plans & Ordinances
  4. Castro Valley Central Business District Specific Plan
  5. CEQAnet, Ashland Cherryland Business District Specific Plan Update
  6. Alameda LAFCo Measure D review (Board of Supervisors CDA committee, March 2022)
  7. Alameda County Clerk-Recorder, Real Property Transfer Tax

Note: City transfer tax rates change by ballot measure. Confirm the current rate on your escrow estimate.

This page is general information, not legal or tax advice. Last reviewed October 2026 by Matthew Martinez.

Related: Alameda County real estate guide · Multifamily property in Alameda County · Commercial real estate services

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