Ordinance 2979CITY OF ALAMEDA ORDINANCE NO.
2979
New Series
AMENDING VARIOUS SECTIONS OF THE ALAMEDA MUNICIPAL CODE
CONTAINED IN ARTICLE I (ZONING DISTRICTS AND REGULATIONS)
CHAPTER XXX (DEVELOPMENT REGULATIONS) PERTAINING TO RETAIL
AND COMMERCIAL USES
WHEREAS , on July 17 , 2007 , the City Council directed staff to develop a
big box large format. store definition and to evaluate the potential need for
additional regulatory tools to control the location and operation of large retail
uses; and
WHEREAS , on October 22 2007 , December 10 , 2007 , January 28 , 2008and February 11 , 2008 , at publicly noticed hearings ,. the Planning Board
evaluated various options for reg lating large stores; and
WHEREAS , after evaluating various regulatory options and accepting
public comments , the Planning Board adopted a resolution recommending that
the City Council adopt proposed zoning text amendments that would include: 1)
a definition of large format retail; 2) establishing a use permit requirement for
large format retail in specific zoning districts; 3) enhanced permit findings to
ensure compatibility with existing land uses; and 4) establishing that existing
retail uses would not be classified as nonconforming solely for lack of an
approved use permit; and
WHEREAS , the City Council has made the following findings relative to
the proposed zoning text amendments:
1. The proposed zoning amendment does not affect the integrity of the
General Plan.
The proposed zoning text amendment is consistent with existing
General Plan policies. Additionally, prior to considering this zoning
amendment , the City initiated an update of General Plan retail
development policies. Based on economic studies , input from the
community and various City Boards and Commissions , new andrevised city-wide retail development policies (General Plan
Amendment PLN07 -0077) are being considered by the City at this
time. This zoning amendment has also been considered in relation to
these proposed General Plan policies. The zoning text amendment
will. provide . a more effective means of implementing these General
Plan policies , if adopted.
2. The proposed rezoning does not adversely affect the general
welfare of the community.
This zoning code amendment does not prohibit any specific type of
use or allow new uses not already permitted. It does require
additional review and provides an appropriate mechanism for
regulating larger developments to ensure that these projects will be
compatible with existing land uses and that potentially significant
impacts will be avoided or mitigated to the extent feasible.
3. The proposal is equitable.
This zoning code amendment does not prohibit any specific type of
use or . allow new uses not already permitted. It does require
additional review and provides an appropriate mechanism for
regulating larger developments to ensure that these projects will be
compatible with existing land uses and that potentially significant
impacts will be avoided or mitigated to the extent feasible. Existing
retail uses wil not be classified as nonconforming solely for lack of an
approved use permit.
4. Environmental Determination
The proposed zoning text amendments would not prohibit any land
use currently permitted under the AMC or authorize additional land
uses currently not permitted by the AMC. Consequently, the
amendments do not have the potential to cause. changes to the
physical environment that could result in significant adverse
environmental effects within Alameda or other jurisdictions.
Therefore , . the proposed zoning text amendment is. Categorically
Exempt from environmental review pursuant to CEQA Guidelines
Section 15305 , Minor Alterations in Land Use Limitations; Section
15061 (b)(3), Review for Exemption; and Public Resources Code
Section 21065 , Project Definition.
BE IT ORDAINED by the City Council of Alameda that:
Section 1.The Alameda Municipal Code is hereby amended by adding
the following definition to Section 30-2 (Definitions):
Section 30-Large Format Retail: A single stand-alone store or
collection of retail uses , developed and or. managed within a
single building or shopping center which individually or
cumulatively include over 30 000 square feet of retail sales floor
area.
Section 2.The Alameda Municipal Code is hereby.. amended by
adding to Section 30-c (C-Neighborhood Business District , Uses
Requiring Use Permits) new Subsection 10 as follows:
Section 30-10 Large .Format Retail including conversion of
existing multiple. retail tenant spaces to a single tenant space
larger than 30 000 square feet (if part of a planned development
no use permit.is required).
Section 3.The Alameda Municipal Code is hereby amended by
adding to Section 30-c (C-2 Central Business District , Uses Requiring Use
Permits) new Subsection 16 as follows:
Section 30-16 Large Format Retail including conversion of
existing multiple retail tenant. spaces to a single tenant space
larger than 30 000 square feet (if part of a planned development
no use permit is required).
Section 4.The Alameda Municipal. Code is hereby amended by
adding Large Format Retail to Section 30-9A.c.1 (C':C Community
Commercial , Uses Requiring Use Permits). Large Format Retail wil replace
Laundry and Cleaning Establishments as Subsection 30-1 (gg) .as shown
below. Laundry and cleaning establishments will become Subsection (hh) and
all subsequent uses , listed alphabetically, will be relabeled sequentially.
30-9A.1 (gg) Large Format Retail including conversion of
existing multiple retail tenant spaces to a single tenant space
larger. than 30 000 . square feet (if part of a planned development
no use permit is required).
Section 5.The Alameda Municipal Code is hereby amended by
adding to Section 30-10.c. (C-M Commercial-Manufacturing, Uses Requiring
Use Permits) new Subsection 15 as follows:
30-10.15 Large Format Retail including conversion of existing
multiple retail tenant spaces to a single tenant space larger than
000 square feet (if part of a planned development , no use
permit is required).
Section 6.The Alameda Municipal Code is hereby amended by adding
to Section 30-10.c (C-M Commercial-Manufacturing, Uses Requiring Use
Permits) new Subsection 15 as follows:
30-10.c .15 Large Format Retail including conversion of
existing multiple retail tenant spaces to a single tenant space
larger than 30 000 square feet (ifpart ofa planned development
no use permit is required).
Section 7.The Alameda Municipal Code is hereby amended by
adding to Section 30-11.c. (M-Intermediate Industrial District , Uses
Requiring Use Permits) new Subsection 14as follows:
30-11.14 Large Format Retail including conversion of existing
multiple retail tenant spaces to a single tenant space larger than
000 square feet (if part of a planned development , no use
permit is required).
Section 8.The Alameda Municipal Code is hereby amended by
adding to Section 30-12.c. (M-2 General Industrial District, Uses Requiring
Use Permits) new Subsection 19 as follows:
Section 30-12.19Large Format Retail including conversion of
existing multiple retail tenant spaces to a single tenant space
larger than 30 000 square feet (if part of a planned development
no use permit is required).
Section 9.The Alameda Municipal Code is hereby amended by
modifying Section 30-21., Use Permit Standards. New textis underlined.
Section 30-21.
1. The location of the proposed use is compatible with other land
uses in the general neighborhood area , and the proiect desiqn
and size is architecturally, . aesthetically, . and operationally
harmonious with the community and surroundinq development.
2. The proposed use will be .served by adequate transportation
and service facilities includinq pedestrian, bicycle, and transit
facilities.
3. The proposed use , ifit complies with all conditions upon which
approval is made contingent , will not adversely affect other
property in the vicinity and will not have substantial deleterious
effects on existinq business districts or the local economy.
4. The proposed use relates favorably to the General Plan.
Section 10.The Alameda Municipal Code is hereby amended by modifying
Section 30-13., Planned Development Combining District , Statement of Purpose.
Deleted text is shown in strikeout and new text is underlined:
30-13.a The purpose of the Planned Development District is to
provide more flexibility in the design of land uses site design
development standards and types of land uses than would
otherwise be allowed in the underlying zoning district; to ensure
proiect compatibilty with surroundinq uses; and to ensuretnm
adverse environmental effects are reduced or avoided to the
maximum extent feasible.
Section 11.Section 30-13., Uses Permitted in Planned Developments
The Alameda Municipal Code is hereby amended by adding the following new
Subsection to Section 30-13., Uses Permitted in Planned Developments:
Section 30-13.d 2 (d) Large Format Retail
Section 12.The Alameda Municipal Code is hereby amended by modifying
Section 30-13.f., Planned Development Procedures and Standards , and adding
new Subsections a and b to Section 30-13.f:
30-13.f.3 The Planning Board sA may approve a
application only if it determines: th::t the development is :: more
effective use of the site than is possible under the regubtions for
the district '.vith 'Nhich it is combined:
30-13.f. a The development is a more effective use of
the site than is possible under the regulations for which the
PD districtis combined , and;
30-13.f b The project meets the requirements of AMC
Section 30-21.b. Use Permit Standards , Subsections 1
, 3 , and 4.
Section 13.The Alameda Municipal Code is hereby amended by
modifying subsection 30-13.2(d) and adding new subsection 30-
13.2(f):
30-13.2(d) Additions to commercial or public uses
which involve more than a twenty-five (25%) increase in the
floor area of existing structures associated with the use
The Planninq Board may place additional requirements on
individual Planned Development proiects that establish
specific criteria for evaluatinq the need for an amendment.
These may be in addition to or may modify the standard
established in this section.
30-13.2(f) Conversion of existing multiple tenant retail
spaces to a single retail space greater than 30 000 square
feet; unless , said conversion is allowed by the existing
Planned Development approval.
Section 14.The Alameda Municipal Code is hereby amended by adding
new Subsection 7 to Section 30-, Nonconforming Buildings and Uses:
7. Large Format Retail
Section 30-20.aExisting large format retail uses , constructed
and in . use prior to March , 2008 , that are located
commercial , manufacturing, Planned Development or M-
zoning districts where large format retail is allowed and that
comply with the development standards of the zoning district
shall not be classified as nonconforming.
Section 15.This Ordinance shall be in full force and effect from and after the
expiration of thirty (30) days from the date of its final passage.
Section 16.Severabiliy 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 provisions of this ordinance.
Section 17.The above amendments shall be known as and referenced to as
Reclassification and Rezoning Amendment No. to Ordinance No. 1277 , N.
Attest:
(A
Lara Weisiger , City Cler'1
City of Alameda
, 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 1 st day of April , 2008 by the following vote to wit:
AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affxed the offcial seal of
said City this 2 day of April , 2008.
Lara Weisiger , City Cler
City of Alameda