Ordinance 3164CITY OF ALAMEDA ORDINANCE No. 3164
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
CHAPTER 30, SECTION 30 -4.21 E, ESTUARY DISTRICT
BE IT ORDAINED by the City Council of the City of Alameda:
• .
In enacting this Section, the City Council finds as follows:
The amendments maintain the integrity of the General Plan. The proposed
amendments to the zoning ordinance related to the use of submerged lands
ensure appropriate use of submerged lands consistent with the General Plan Land
Use Element and Open Space and Recreation Element policies regarding public
and private use of waterways and adjacent shorelines. The proposed amendments
to the E, Estuary District Zoning will permit only water - related uses within the Tidal
Canal (e.g. boathouses, boat docks, etc.) and will require that all future
improvement projects be subject to subsequent discretionary review and approval
by the City.
2. The amendments will support the general welfare of the community. The proposed
amendments ensure that these lands are used in a manner that supports the
general welfare and that all future proposals for changes to the physical
environment will be subject to discretionary and environmental review.
3. The amendments are equitable. The proposed amendments will apply to all
private and public owners of submerged lands and ensure that all the interests of
the general public are considered whenever new structures or uses are proposed
on these lands.
4. The amendment to the E, Estuary District is necessary to ensure that submerged
lands removed from federal ownership are limited in use to water - dependent uses,
subject to subsequent discretionary review and approval by the City, as more
particularly described in the revised E, Estuary District.
Section 1. Section 30 -4.21 E Estuary District is hereby amended as shown in Exhibit A.
(Underlined text is new text to be added):
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. CEQA. This ordinance and the rules, regulations, provisions, requirements,
orders, and matters established and adopted hereby will not result in a significant impact
to the environment. On June 1, 2016, the City published a Draft Initial Study /Negative
Declaration ( "IS /ND ") for the OIHTC Project in accordance with the California
Environmental Quality Act ( "CEQA "), which addresses all potential environmental impacts
associated with the proposed transfer and subsequent transfers into private ownership,
amendments to the E, Estuary District, and the proposed subdivision map application. On
July 11, 2016, the Planning Board held a public hearing and recommended the Negative
Declaration and the draft zoning amendments.
Section 4. 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.
Presiding Officer o City Council
Attest:
1,0,,,x t-1
Lara Weisiger, Ci Clerk
Exhibit
| Draft Zoninq Amendments.
30-4.21-E Estijary District.
a . ..... . - -- - -General. The following specific regulations, and the general rules set forth in sub'sec-tion
section 30-4�,4-5, shall apply in all E Districts as delineated and described in the zoning maps, It
�&4Wtendad-that-thi described as
follows: those subryieraed lands beto.,een 4he Citv Limits to the north,, the rriouth of San Leandro
EjgLatfhe'easiern end of the Iridal Canal on the east as defiDfLd by lie imers -c iQp of EP(E-sidg,
Avem ie and Thomoson Avenue. the Oakland Estuary
gl�iv western end
of Alameda Point, and the Mean High.2,E FLigh Water Une or,i tile s.o.ut1-1_."'J1 i.s 'intended that this
. and that the
regulations established will promote and protect the environment and water-dependent uses in
such districts.
b-Defin,itions,
1 . Boat House: shall mean a small structure constructed or,, or near watgr lor fllhe)uragst.
Of housinq boats and/or boatinci or other maritime-related eguipment and accessories.,
hiah waters (hich tide) over a 19-year enod.
4. Oakland Estqary: sL)aIlMie%an the waterway between the clities of Alameda and Oakland,
:2. Tidal Canal: shall mean the Oakland 10ner Harbor Tidal Canal that wa (Lredg�j( -��h
.of Alameda and Oakland from the Oakland Estuary to the west to the r%nouth of San
Leandro Bav on the east,
c. Uses Permitted. None.
d. Uses Requiring Use Permits.
All proposed development within the E District, including:
|
| 1' Uses`
o) Marinas,
b) Boat houses, docks, and piers,
o) Seaport distribution facilities, including _ boat rop�rand other marine nen�ceoand
similar use are consistent with the zoning district on the
i*�omdudaldportion of the parcel 'sfie,� be- -Beepd -fe'r
|
Exhibit 3
Item 7-B' 7/11/18
Planning Board Meeting
Findings. __qL_'62,rneda and the City_,gi
de,termined to be subs tan, ti ally
mc, above.
2. In addition to the findings in subsection _3{-21.3,the Planning Board or
may authorize the issuance nfa only if
the following additional findings can bemade:
a\_l'he �e*e|epn+e U| not create any additional impairments to
navigational safety in the G�anri4.-.Qak !and Estuary or the Tidal Canal.
_(b) The dewloprnent will not er-eate additional visual ifnpair-fnent.
safqLy. orlgestion, noise, ViSUal obstruction arid other environmental
jmoqc
gts
have, been considere ' and addressed,
�
__The proposed uao(e) is/are water-dependent and is/are consistent with the public
truot� �L
di__The proposed use(s) will not cause degradation to water quality in the
Ghen or the Tidal Canal, or to water-related habitat.
�
Q" The fOOi
La-D-Q11can t.
3. . The approval ofa Use Permit shall be contingent upon the acceptance
and observance of specified conditions, including but not limited to the following:
:,jLAI| title information, leases and City permits shall be complete, accurate and
maintained up-to-date.
(b_
*f4 'h'9 site"
i+ )b) commercial marinas, the applicant shall also comply with all other
requirements of subsection 30-4.9(c) (15) of the Zoning Ordinance.
c The applicant shall comply with all other environmental mitigations determined
to be necessary through the environmental documentation and public review
process.
d) The applicant shall comply with any setbacks required by the U.S. Army Corps
of Engineers for channel dredging and maintenance activities for both fixed
structures and moored vessels.
6)jThe applicant shall maintain the perimeter slope in accordance with City
standards.
e. Minimum Height, Bulk and Space Requirements.
et+a€� ai t� €cei ai ?r aid Sla a ins;? Arcs rim atevinhi, bilk
and setback re wire e €its for tt�e rp posai_shall be established as a condition of the Use Permit
and shall be in conformance witi� tl�e ret�t�ireci findino� esiabi�slted b�f s�� �sectior� 3. ttie
conditions r tcired bsubse €;tion 4 and L the re €sirs nts in 30-5-, as a.mlical_
(Ord. No. 2662 N.S. § 1)
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 4th day of October, 2016, by the following vote to wit:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 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 51h day of October, 2016.
Lara WeisigerUC ty Clerk
City of Alameda
APPROVED AS TO FORM:
Janet)(�.'Kern, City A orney
City 6f'Alameda