Ordinance 2697CITY OF ALAEDA ORDINANCE NO.
New Series
2697
INTERIM ORDINANCE ESTABLISHING A 45-DAY MORATORIUM ON THE
ESTABLISHMENT AND OPERATION OF NEW CONVENIENCE STORES AND
PACKAGED LIQUOR STORES
BE IT ORDAINED by the Council of the City of Alameda:
section That an interim ordinance establishing a 45-day
moratorium on the operation of new convenience stores and packagediquor stores.
section The city Council hereby finds that:
The City of Alameda is now amending its Zoning Ordinance
as part of a new Development Code , which will include
standards and procedural requirements to assure that all
development in the city protects the public health
safety, and wel fare.
The new Development Code will include among other
prov isions , standards and procedural requirements for thedevelopment and operation of packaged liquor andconvenience stores.
The present Alameda Zoning Ordinance does not contain
adequate standards and procedural requirements for thedevelopment and operation of packaged liquor and
convenience stores. The Ordinance def ines convenience store " only as "a food store that is not agrocery store , and a packaged liquor store as "anyestabl ishment sell ing alcohol ic beverages in an unopenedcontainer" .
The City of Alameda has recently received appl icationsfor convenience and packaged 1 iquor stores.
The development of convenience stores and packaged liquor
stores may be in confl ict with the new Development Code
which the city is now considering.
There is a current and immediate threat to the publichealthsafety, and welfare from the development of
iquor and convenience stores under the city s presentZoning regulations because special standards andprocedural requirements are needed to address the
potential adverse effects of convenience and packagedliquor stores including, but not limited to the
follo\V'ing:
The proliferation of litter.
Light and glare.
Noise.
crime problems.
Incompatible standardized building design.
Incompatibil i ty wi thinsti tutional uses.andnearbyresidential
Establishment of the following regulations is necessary
to avoid adverse effects on the City of Alameda and for
the immediate preservation of the public health , safety,
and wel fare pending adoption of appropriate standards and
procedural requirements in the City s Development Code.
Section apply as follows:The provisions of this Interim Ordinance shall
These requirements shall apply to allall convenience stores and all newstores, including new development , newbuildings, and expansions of existingci ty of Alameda.
applications forpackaged iquor
uses in existing
uses , wi thin the
No new convenience stores or packaged liquor stores shall
be establ ished or expanded wi thin the City of Alameda
during the term of this Interim Ordinance.
section Definitions:
For the purposes of this ordinance
, "
convenience storeshall include any store of 5 , 000 square feet or less
which sells a variety of food goods and beverages.
For the purposes of this Ordinance
, "
packaged iquorstore" shall mean any establishment selling alcoholic
beverages in an unopened container.
section 5 Environmental Review. Adoption of the InterimOrdinance is categorically exempt under the californiaEnvironmental Qual i ty Act , as an action by a regulatory agency for
the protection of the environment. (Class
Section 6 Severability clause. It is the declared intent ofthe City Council of Alameda that if any section , subsectionsentence, clause , phrase , or provision of this ordinance is held
inval id 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 provisions of
this ordinance.
section 7 This ordinance shall take effect immediately
and shall terminate in 45 days (September 16 1995), unless
extended by the City council , in accordance with Government codeSection 65858.
pre -%lci uncil
Attest:
:tL
city clerk
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 regular meeting assembled on the 1st day of
Auqust , 1995, by the following vote to wit:
AYES:councilmembers Arnerich, DeWitt ,Lucas,
Mannix and President Appezzato -
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
off icial seal of said City this day of Auqust , 1995.
JML
Diane B. Felsch , City
City of Ala,meda
clerk