Ordinance 3014CITY OF ALAMEDA ORDINANCE No3014
New Series
AMENDING MUNICIPAL CODE SECTION 30 -4.20 OF ARTICLE 1
(ZONING DISTRICTS AND REGULATIONS) OF CHAPTER XXX
(DEVELOPMENT REGULATIONS) BY ADDING SUBSECTION 30-
4.20 (j.) TO THE M -X MIXED USE PLANNED DEVELOPMENT
DISTRICT ZONING REGULATIONS TO ALLOW FOR
APPLICATION FOR INTERIM USE PERMITS UNDER CERTAIN
CONDITIONS.
WHEREAS, the Alameda Municipal Code (AMC) does not explicitly allow
for interim use permits on property zoned MX Mixed Use, and
WHEREAS, owners of property may require interim uses to provide an
economic return on property that is zoned MX but for which an adopted Master
Plan has not yet been completed or adopted as required by Section 30 -4.20, and
WHEREAS, interim uses may be necessary for property that is zoned MX
Mixed Use and has an approved master plan, but economic conditions are such
that the property cannot currently be economically redeveloped consistent with the
approved Master Plan; and
WHEREAS, the Alameda Planning Board has held public hearings and
recommended adoption of the proposed amendment to the City Council; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance Adoption. Subsection 30 -4.20 MX Mixed Use Planned
Development Regulations Article 1 (Zoning Districts And Regulations) Of Chapter
XXX (Development Regulations) is hereby amended to add new subsection 30-
4.20 j. to read as follows:
j. Interim Use Permits.
The Planning Board may approve or amend a use permit for a property
zoned MX prior to approval or implementation of a master plan provided that:
i) the use is either permitted or conditionally permitted in one of the districts
identified in subsection d.2 above, ii) a good faith effort is being made to
complete the master plan for the site according to an agreed -upon time
schedule, iii) the term of the use permit is defined and short -term and
conditions are included that describe and manage the termination of the
interim use upon expiration of the use permit, iv) the interim use does not
have significant or greater adverse impacts on neighboring properties, and v)
the approved uses will not inhibit or delay adoption of a master plan or
redevelopment of a the property consistent with the M-X zoning district
purposes.
Section 2. Severability Clause. It is the declared intent of the City Council of
Alameda that if any section, subsection, sentence, clause, phrase, or provision of
this ordinance is held invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not be so construed as to
render invalid or unconstitutional the remaining provision of this ordinance.
Section 3. This ordinance and the rules, regulations, provisions, requirements,
orders, and matters established and adopted hereby shall take effect and be in full
force and effect from and after the expiration of thirty (30) days from the date of its
final passage.
Attest:
Lara Weisiger, City Cie
City of Alameda
esiding -f th city Council
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular
meeting assembled on the 15th day of December, 2009 by the following vote to wit:
y g
AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam,
and Mayor Johnson - 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of
said City this 10th day of December, 2009.
Lara Weisiger, City
City of Alameda