Ordinance 2956CITYOFALAMEDA ORDINANCE NO. 2956
AMENDING ORDINANCE NOS. 2559,2681 2835 2844 2857 , and 2896
AND APPROVING AND ADOPTING THE SIXTH AMENDMENT
TO THE COMMUNITY IMPROVEMENT PLAN FOR THE
BUSINESS AND WATERFRONT IMPROVEMENT PROJECT
WHEREAS , on June 18, 1991 , by Ordinance No. 2559 , the City Council
of the City of Alameda ("City Council") approved and adopted the Community
Improvement Plan ("Plan ) for the Business and Waterfront Improvement
Project ("Project" or "Project Area ); and
WHEREAS , the Community Improvement Commission of the City of
Alameda ("Commission ) is a community redevelopment agency organized and
existing under the California Community Redevelopment Law, Health and
Safety Code Section 33000, et seq., CRL") and is vested with the
responsibility for carrying out the Plan for the Project Area; and
WHEREAS, the Plan has been amended a total of five (5) times (as
amended , the "Existing Plan ): on December 7 1994 , by Ordinance No. 2681
to establish time limits in compliance with Assembly Bill 1290 (Stats. 1993
Chap. 942); on June 7 , 2000 , by Ordinance No. 2835, on September 20 2000
by Ordinance No. 2844 , on April 3 2001 , by Ordinance No. 2857 , to make site-
specific land use changes to conform with the amendments to the City
Alameda s General Plan ("General Plan ) and Zoning Code; and on March 18
2003, by Ordinance No. 2896, merging the Project with the West End
Community Improvement Plan , extending eminent domain except over
residential uses , and adding territory (approximately 123 acres) to the Project
Area that was previously included within the Alameda Point Improvement
Project; and
WHEREAS, the ordinances adopting the Existing Plan (collectively, the
Original Ordinances ), including the findings and determinations made by the
City Council therein are made a part hereof by reference , and are final and
conclusive, there having been no action timely brought to question the validity
of the Existing Plan; and
WHEREAS, the Commission has proposed a Sixth Amendment to the
Existing Plan ("Amendment" or "Sixth Amendment") for the purpose of
amending the permitted land uses for the Project Area to provide that they shall
be the land uses designated in the General Plan , as it currently exists and as it
may be amended from time to time; and
WHEREAS , the Planning Board of the City of Alameda ("Planning
Board") has reviewed the Amendment and recommended the approval and
adoption of the Amendment , together with its certification that the Amendment
conforms to the General Plan; and
WHEREAS , the City Council has received from the Commission the
proposed Amendment, a copy of which is on fie at the office of the City Clerk
City Hall, 2263 Santa Clara Avenue , Room 380, Alameda, California , together
with the Commission s Report to the City Council on the Amendment , including
the reasons for the Amendment; proposed projects and programs; the proposed
method of financing the continued redevelopment of the Project Area; the
method or plan for relocation; the implementation plan; the report of the
Planning Board of the City with respect to the conformity of the Amendment
with the General Plan;. a neighborhood impact report; environmental
compliance; a summary of consultations with Project Area property owners
businesses and community organizations; and a summary of consultations with
affected taxing agencies; and
WHEREAS , a Project Area Committee was not required to be formed in
connection with the Amendment because the proposed Sixth Amendment does
not alter the Commission s authority to use eminent domain and does not add
any territory to the Project Area; and
WHEREAS , the City Council and the Commission held a joint public
hearing on November 21 , 2006, Oil the adoption of the Amendment in the City
Council Chambers , City Hall , 2263 Santa Clara Avenue , 3 Floor, Alameda
California; and
WHEREAS , notice of saidjoinf public hearing was duly and regularly
published in a newspaper of general circulation in the City, once a week for four
successive weeks prior to the date of such joint public hearing, and a copy of
said notice and affidavit of publication are on file with the City Clerk and the
Commission; and
WHEREAS , copies of the notice of joint public hearing were mailed by
first class mail to the last known address of each assessee of each parcel of
land in the Project Area, as shown on the last equalized assessment roll of the
County of Alameda; and
WHEREAS , copies of the notice of joint public hearing were mailed by
first class mail to all residents and businesses in the Project Area; and
WHEREAS , copi s of the notice of joint public hearing were mailed by
certified mail with return receipt requested to the governing body of each taxing
agency that receives taxes from property in the Project Area; and
WHEREAS, the City Council has considered . the report and
recommendation of the Planning Board , the Commission s Report to the City
Council , the Amendment to the Existing Plan , has provided an opportunity for
all persons to. be heard , and has rec ived and considered all evidence and
testimony presented for or against any and all aspects of the Amendment and
has made written findings in response to each written objection of an affected
property owner or taxing entity, if any, filed with the City Clerk before or during
such joint public hearing; and
WHEREAS all actions required by law have been taken by all
appropriate public bodies.
NOW , THEREFORE , THE CITY COUNCIL OF THE CITY OF ALAMEDA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1 . The purpose and intent of the City Council with respect to the
Amendment is to amend the permitted land uses for the Project Area to provide
that they shall be the land uses designated in the General Plan , as it currently
exists and as it may be amended from time to time. This action will enable the
Commission to fully.achieve the . goals and objectives for redevelopment of the
Project Area pursuant to the Existing Plan and allow for the future development
and redevelopment of the Project Area in accordance with the General Plan
thereby further eliminating existing blighting conditions that remain in the
Project Area and preventing the reoccurrence of blighting conditions.
Section 2 . Based on the evidence in the record , including, but not limited
to, the Commission s Report to the City Council on the Amendment prepared in
accordance with CRL Section 33457., and all documents referenced therein
and evidence and testimony received at the joint public hearing on adoption of
the Amendment held on November 21 , 2006, the City Council hereby makes
the following findings and determinations aswarranted by the Amendment:
a) The Amendment will permit the continued Tedevelopmenfof the
Project Area in conformity with the CRLand in. the interests of the public peace
health , safety and welfare. This finding is based upon the fact that the
Amendment will provide for the ongoing consistency of permitted land uses
between the Plan and the City s General Plan . for property within the Project
Area. This action wil enable the Commission to fully achieve the goals and
objectives for redevelopment of the Project Area pursuant to the Existing Plan
and allow for the future development and redevelopment of the Project Area in
accordance with the General Plan thereby further eliminating existing blighting
conditions that remain in the Project Area and preventing the reoccurrence of
blighting conditions.
b) The adoption and carrying out of the Amendment is economically
sound and feasible. This finding is based on the fact that under the Existing
Plan , as amended by the Amendment , the Commission wil continue to
authorized to seek and utilize a variety of potential financing resources
including property tax increment revenues; that the nature and timing of public
redevelopment assistance within the Project Area wil continue to depend upon
the amount and availability of such financing resources , including tax increment
generated by new investment in the Project Area; that under the Existing Plan
as amended by the Amendment , no public redevelopment activity can be
undertaken unless the Commission can demonstrate that it has adequate
revenue to finance the activity; and that the Amendment does not alter the
financing plan previously prepared and included within the Commission
Reports to the City Council prepared for the Existing Plan.
c) The Amendment is consistent with the General Plan , including,
but not limited to, the Housing Element of the General Plan , which substantially
complies with the requirements of Article 10.6 (commencing with Section
65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. This
finding is based upon the General Plan and the findings of the Planning Board
that the Amendment conforms to the General Plan asset forth in its Resolution
No. PB-06-38.
d) The carrying out of the Amendment would promote. the public
peace , health , safety and welfare of the City and would effectuate the purposes
and policies of the CRL. This finding is. based on.the fact that the Amendment
will provide for the ongoing consistency of permitted land uses between the
Plan and the City s General Plan for property within the Project Area. This
action will enable the Commission to fully achieve the goals and objectives for
redevelopment of the Project Area pursuant to the Existing Plan and allow for
the future development and redevelopment of the Project Area in accordance
with the General Planthereby further eliminating existing blighting conditions
that remain in the Project Area and preventing the reoccurrence of blighting
conditions.
e) The Commission has a feasible method and plan for the
relocation of families and persons who might be displaced , temporari1y or
permanently, from housing facilties ih the Project Area. This finding is based
upon the facts set forth in the Commission s Report to the City Council , in
particular that 1) the Commission has adopted the relocation guidelines
promulgated by the California Department of Housing and Community
Development requiring that relocation assistance and benefits be provided; and
2) the Amendment does not contemplate any actions that would lead to the
displacement of any occupants of housing facilities in the Project Area.
f) There are , or shall be provided , within the Project Area or within
other areas not generally less desirable with regard to public utilities and public
and commercial facilities and at rents or prices within the financial means ofthe
families and persons who might be displaced from the Project Area , decent
safe and sanitary dwellings equal in number to the number of and available to
such displaced families and persons and reasonably accessible to their places
of employment. Families and persons shall not be displaced prior to the
adoption of a relocation plan pursuant to CRL Sections 33411 and 33411., and
dwelling units housing persons and familes of low or moderate income shall not
be removed or destroyed prior to the adoption ofa replacement housing plan
pursuant to CRL Sections 33334., 33413 and 33413.
Section 3 . The City Council is satisfied that permanent housing facilities
will be available within three years from the time residential occupants of the
Project Area , if any, are displaced, and that pending the development of such
facilties, there wil be available to any such displaced residential occupants
temporary housing facilities at rents comparable to those in the City at the time
of their displacement. No persons or families of low and moderate income shall
be displaced from residences unless and until there are suitable housing units
available and. ready for occupancy by such displaced persons or families at
rents comparable to those at the time of their displacement. Such housing units
shall be suitable to the needs of such displaced persons or families and must
be decent , safe , sanitary and otherwise standard dwellngs.
Section 4 . The City Council is satisfied that written findings have been
adopted in response to each written objection of an affected property owner or
taxing entity received either before or during the noticed joint public hearing on
the Amendment. Having considered all evidence and testimony presented for
or against any aspect of the Amendment , the City Council hereby overrules all
written and oral objections to the Amendment.
Section 5 . Based on the evidence contained in the record , including, but
not limited to, the Commission s Report to the City Council on the Amendment
the City Council hereby finds that the proposed Amendment is exemptfrom the
requirements of the California Environmental Quality Act (CEQA) in that there is
no possibility that the Amendment may have a significant effect on the
environment. Upon approval and adoption of this Ordinance, the City Council
directs Commission staff to prepare the Notice of Exemption on behalf of the
City and the Commission , and , in accordance with CEQA Guidelines Section
15062, Commission staff will file the Notice of Exemption with the County Clerk
of Alameda County.
Section 6 . The Existing Plan , as adopted by the Original Ordinances , is
hereby further amended as set forth in the Amendment attached hereto as
Exhibit A. As so amended, the Existing Plan is hereby incorporated herein by
reference. The Executive Director of. the Commission is hereby authorized
combine the Amendment attached hereto as Exhibit A with the Existing Plan
prepared for the Business and Waterfront Improvement Project , and when filed
with the City Clerk and the Secretary of the Commission , shall constitute the
official Community Improvement Plan for the Business and Waterfront
Improvement Project.
Section 7 In order to!.mplement and facilitate the effectuation of the
Amendment hereby approved, it may be necessary for the City Council to take
certain actions , and accordingly, this City Council hereby (a) pledges its
cooperation in helping to carry out the Amendment , (b) authorizes and directs
the various officials , departments , boards , and agencies of the City having
administrative responsibilties in the Project Area likewise to cooperate to such
end and to exercise their respective functions and powers in a manner
consistent with redevelopment of the. Project Area, (c) stands ready to consider
and take appropriate action upon proposals and measures designed to
effectuate the Amendment , and (d) declares its intention to undertake and
complete any proceeding necessary to be carried out by the City under the
provisions of the Amendment.
Section 8 . The City Clerk is hereby directed to send a certified copy of
this Ordinance to the Commission , whereupon the Commission is vested with
the responsibilty for carrying out the Existing Plan , as amended by the
Amendment.
Section 9 . The City Clerk is hereby directed to record with the County
Recorder of the County of Alameda a notice of the approval and adoption of the
Amendment pursuant to this Ordinance containing a statement that
proceedings for the redevelopment of the Project Area pursuant to the Existing
Plan , as amended by the Amendment , have been instituted under the CRL.
Section 10 . The City Clerk is hereby directed to transmit a copy of this
Ordinance to the governing body of each of the taxing agencies which levies
taxes upon any property in the Project Area.
Section 11 . The City Clerk is hereby ordered and directed to certify to
the passage of this Ordinance and to cause the same or a summary thereof to
be published in a newspaper of general circulation , which is published and
circulated in the City of Alameda.
Section 12 . This Ordinance shall be in full force and effect thirty (30)
days after its passage.
Section 13 If any part of this Ordinance or the Amendment which it
approves , is held to be invalid for any reason , such decision shall not affect the
validity of the remaining portion of this Ordinance or of the Amendment , and this
City Council hereby declares that it would have passed the remainder of the
Ordinance , or approved the remainder of the Amendment , if such invalid portion
thereof had been deleted.
Attest:
Lara Weisiger , City Cler
City of Alameda
******
SIXTH AMENDMENT
TO THE COMMUNITY IMPROVEMENT PLAN
FOR THE
BUSINESS AND WATERFRONT IMPROVEMENT PROJECT
BACKGROUND
The Community Improvement Plan ("Plan ) for the Business and Waterfront Improvement
Project ("Project" or "Project Area ) was adopted by the City Council of the City of Alameda
("City Counc iI") on June 18 , 1991, by 0 rdinance No. 2559. The Project Area is comprised of
one contiguous area containing approximately 900 acres and includes the Park Street and
Webster Street business districts, two neighborhood commercial districts along Lincoln Avenue
most of the estuary waterfront from Tilden Way to the former Alameda Naval Air Station (now
Alameda Point), the Civic Center, and the primary entrances to the City of Alameda.
The Plan has been am ended previously a total of five (5) times. The City Council adopted the
first amendment to the Plan on Decem ber 7, 1994, by 0 rdinance No. 2681 , establishing certain
time limits in compliance with Assembly Bil 1290. The second amendment to the Plan was
adopted on June 7, 2000, by Ordinance No. 2835, which made site specific land use changes to
conform with amendments to the General Plan and Zoning Code. T he third amendment to the
Plan, adopted on September20, 2000, by Ordinance No. 2844 , and the fourth amendment
adopted on April 3, 2001, by Ordinance No, 2857 , al so made site specific land use changes to
conform with amendments to the General Plan and Zoning Code. The fifth amendment was
adopted by the City Council on March 18 , 2003, by Ordinance No. 2896 , and merged the
Project with the West End Community Improvement Plan , extended em inent domain except
over residential uses, and added terr itory (approximately 123 acres) to the Project Area that was
previously included within the Alameda Point Improvement Project.
PROPOSED SIXTH AMENDMENT
The Community Improvement Commission of the City of Alameda ("Commission ) is proposing
a sixth amendment ("Sixth Amendment") to the existing Plan , the purpose of which is to amend
the existing Plan land use references to refer to the City of Alameda s General Plan , as it
currently exists and as it may be a mended from time to time. No amendment is proposed to the
boundaries of the Project Area or the fiscal or time limits. The fiscal and time limits stated in the
existing Plan, as amended , for the Project Area shall remain in force as adopted.
The Community Improvement Plan , as amended by the first amendment, second amendment
third amendment , fourth amendment , and the fifth amendment , is hereby further amended to
delete certain text and to add certain text to Section IV (A. - B., 401 through 411), Uses
PA0609008.ALA:CK:gbd
10004.501.001109119106
Permitted in the Project Area , and to amend and replace Attachment No.3 (Redevelopment
Land Use Map) in its entirety, as follows:
IV.(3400)USES PERMITTED IN THE PROJECT AREA
Deleted text:
1'1 (3101) Redevelopment Land Use M8P
The "Redevelopment L8nd UseM8p , 8tbched hereto 8S Att::lOhmont No. d 8nd
incorporated heroin by reforence, illustrates the location of tho Projoct Area bound8ries
m8jor E:treets within the Projoct /\rea 8nd the proposod land uses to be permitted in the
Project for all land public , semi public 8nd priv8te.
(3102) Dosiqn8ted Land Uses
(3103) Residontial Us os
Tho areas shown on tho Redevelopment L8nd UE:e Map (Attachment No.
3) for rosidontial uses shall be used for the residential usos set forth
doscribod in tho City s Genoral PI8n 8ndconsistont with the 325 unit oxomption
E:pooifiod in tho Housi ng Eloment.
(3104) Commercial Usos
The 3reas shown on the Rodevelopmont Land Use M8p (/\ttachment No.
3) f-or oommeroial USOE: shall bo usod for the goner al commercial , oommunity
commerci81, neighborhood business , office , business park, and commercial
recreation uses set forth and doscribed in tho City s Genoml P18n.
(3105) Commorcial/RoE:identi31 USOE:
The 3roas shO''ln on the Rodovolopment L8nd Uso M8p (Nbchmont No.
3) for commerci81/residontial usos Sh811 be usod for the rosidonti::l1 or commerci31
usos sot forth and doscribed in the City s Gonor81 PI8n and Zoning Ordin mco.
(3106) Gonorallndustrbl Uoos
Tho areao shown on the Rodevelopment L::md Uso Map (/\ttachmont No.
3) for gonor81 industrial usos shall beusod for tho industrial usos sot f-oth and
described in the City s Gener81 Plan.
PA060900B.ALA:CK:gbd
10004.501.001/09/19/06
107) Mixed Uses
The areas shO'vn on the Redevelopment L:md Use Map (Attachment No.
3) for mixed uses may be usod for residential , community commercbl , business
park, office , general industrial , commorcial recreation , parks and open space,
and public/institutional uses set forth ::md described in the City s General Plan , 3S
amended.
108) Commercial Recreation Uses
The areas sho'imon the Redevelopment Land Use Map (Attachment No.
3) f.o commercial recreation shall be used for the commercial recreation uses set
forth and described in the City s General PI::m.
109) Parks 3nd Public Open Sp3ce Uses
The aroas shown on the Redevelopment Land Use Map (/\ttachment No.
3) for parks and public open spaco shall be used f.o the parks and public open
space uses set forth and described in the City s General Plan.
11 O) Public Institutional Uses
The aroas shown on the Redevelopment Land Use Map (Attachment No.
3) for public institutional shall be used for the public institutional uses set forth
and desoribed in the City s General Plan.
111) Federal Facilities Uses
The aroas shown on the Redevelopment Land Use Map (/\ttachmont No.
3) for federal facilities shall be used for the federal facilities uses cet forth and
described in the City s General Plan.
Added text:
401) Permitted Land Uses
The "Redevelopment Land Use Map , attached hereto as Attachment No.3 and
incorporated herein by reference, ilustrates the location of the Project Area boundaries,
PA060900B.ALA:CK:gbd
10004.501.001/09/19106
major streets within the Project Area , and the land uses authori zed within the Project
Area by the City s current General Plan. The City wil from time to time update and
revise the City s General Plan. It is the intention of this Plan that the land uses and
overall street layout to be permitted within the Project Area shall be as provided within
the City s General Plan , as it currently exists oras it may from time to time be amended
and as implemented and applied by City ordinances, specific plans, resolutions and
other laws. Uses other than those designated in the City s General Plan and its land use
map may be authorized by the City from time to time by amendments to the City
General Plan as authorized by law.
m402) Reserved
m403)Reserved
404)Reserved
405)Reserved
m406)Reserved
m407)Reserved
m408)Reserved
m409)Reserved
m410)Reserved
m411)Reserved
PA0609008.ALA:CK:gbd
10004.501.001/09/19/06
ATTACHMENT NO.
REDEVELOPMENT LAND USE MAP
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" the undersigned, hereby certify thafth foregoing Ordinance was duly andregularly adopted and passed by the Council of the City of Alameda in a regular. meeting assembled on the 2 day of January; 2006 by the following vote to wit:
AYES:Councilme nibe ar1 GHiT(jre , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS, WHEREOF , I have hereunto set my hand and affixed the official seal of
said City this 3 day of January, 2007.
LaraWeisiger , City Clerk
City of Alameda