Resolution 15473CITY OF ALAMEDA RESOLUTION NO. 15473
CALLING A SPECIAL ELECTION IN THE CITY OF ALAMEDA ON
APRIL 9, 2019 FOR THE SUBMISSION OF A PROPOSED
INITIATIVE MEASURE TO CHANGE THE LAND USE DESIGNATION
FOR AN APPROXIMATELY 3.65 ACRE SITE ON MCKAY AVENUE,
BY AMENDING THE GENERAL PLAN DESIGNATION FROM
OFFICE TO OPEN SPACE, AND BY AMENDING THE ZONING
ORDINANCE FROM ADMINISTRATIVE-PROFESSIONAL DISTRICT
TO OPEN SPACE DISTRICT
WHEREAS, pursuant to authority provided by Sections 1405 and 9215 of the
Elections Code, a petition has been filed with the City Council of the City of Alameda,
signed by more than 10% of the voters of the City, to submit a proposed initiative
measure to change the land use designation for an approximately 3.65 acre site on
McKay Avenue, by amending the General Plan designation from Office to Open Space,
and by amending the Zoning Ordinance from Administrative-Professional District to
Open Space District (McKay Avenue Open Space Initiative); and
WHEREAS, the Registrar of Voters examined the records of registration and
ascertained that the petition is signed by the requisite number of voters, and has so
certified; and
WHEREAS, the City Council has not voted in favor of the adoption of the
ordinance; and
WHEREAS, the City Council is authorized and directed by statute to submit the
proposed ordinance to the voters.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ALAMEDA THAT:
Section 1. Pursuant to the requirements of the Charter of the City of Alameda
and general law, there is called and ordered to be held in the City of Alameda,
California, on April 9, 2019, a Special Municipal Election for the purpose of submitting
the following proposed initiative:
Shall the initiative to change the land use
designations for a 3.65-acre parcel on McKay
Avenue from Office/Administrative-Professional
to Open Space, which limits use of the property
to parks and recreational uses and prohibits the
development of a wellness center for senior
assisted living and supportive services for the
homeless currently planned for the property, be
adopted?
YES
NO
Section 2. The text of the proposed ordinance to be submitted to the voters is
attached as Exhibit A.
Section 3. The vote requirement for the measure to pass is a majority (50% + 1)
of the votes cast.
Section 4. The ballots to be used at the election shall be in form and content as
required by law.
Section 5. The polls for the special election shall be open at 7:00AM on the day
of said election and shall remain open continuously from said time until 8:00 PM of the
same day when the polls shall be closed, pursuant to Elections Code Section 10242,
except as provided in Section 14401 of the Elections Code.
Section 6. The City Clerk is hereby authorized, instructed and directed to
procure and furnish (or cause to be procured and furnished) any and all official ballots,
notices, printed matter and all other supplies, equipment and paraphernalia that may be
necessary to properly and lawfully conduct the election.
Section 7. In all particulars not recited in this Resolution, the election shall be
held and conducted as provided by law for holding municipal elections.
Section 8. Notice of the time and place of the election on this proposed measure
is hereby given, and the City Clerk is authorized, instructed and directed to give further
or additional notice of the election, in time, form and manner as required by law.
Section 9. Pursuant to California Elections Code sections 9282 and 9285, the
City Council, or any members of the City Council authorized by the City Council, may
file the direct argument against the measure and any rebuttal argument to the argument
in favor of the measure. Pursuant to California Elections Code section 9285(b), the City
Council hereby permits rebuttal arguments if arguments have been filed in favor of or
against the measure. The deadline to submit arguments for or against the measure
pursuant to this Resolution is declared to be 5:00 p.m. on January 16, 2019. The
arguments shall be filed with the City Clerk, signed, with the printed name(s) and
signature(s) of the author(s) submitting it, or if submitted on behalf of an organization,
the name of the organization, and the printed name and signature of at least one of its
principal officers who is the author of the argument. The City Council adopts the
provisions of section 9285(a) of the Elections Code to permit rebuttal arguments, if
arguments have been filed in favor of or against the measure.
Section 10. The City Clerk is hereby directed to transmit a copy of the measure
attached hereto as Exhibit A to the City Attorney, who shall prepare an impartial
analysis of the measure in accordance with California Elections Code section 9280.
The City Attorney shall submit the impartial analysis to the City Clerk no later than the
date set by the City Clerk for the submission of arguments for and against the measure
to the City Clerk's Office.
Section 11 . The City Clerk shall certify as to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
Section 12. Pursuant to Elections Code section 9223, the City Clerk shall cause
the measure to be printed and made available to any voter upon request. The measure
shall not be printed in any mailing to the voters.
Section 13. This action is not a project and is exempt from the California
Environmental Quality Act (CEQA) pursuant to Section 15378(b)(3) of CEQA
Guidelines, as it concerns the submittal of a proposal to the voters of the City.
Section 14. The City Clerk is hereby directed to file a certified copy of this
Resolution with the Alameda County Clerk of the Board of Supervisors and the County
Registrar of Voters in sufficient time so that the initiative may be included in the April 9,
2019 Election ballot, and to take all actions as may be necessary to conduct the
election.
Section 15. If the proponents of the McKay Avenue Open Space Initiative
withdraw the measure from the ballot, pursuant to Elections Code section 9215.5, by
5:00p.m. on January 11, 2019, this Resolution shall be deemed null and void and shall
have no effect.
EXHIBIT A
&INI::l!T~.I!.!:A:~T±..IVE!:..!!-a.!-~~o8.·R~-E~XP~-A~N!.2SI~o!!:·N~. o~F~-·oi:!!Pu'EO!!.:N!:..f:s~P~"A~CE~·~A:~T~· ~··:!!l!·~l!!!!!A!!=!:~~2 6 2~ D
The People ofthe City ofAlameda do hereby ordain as foitows-:
SECTION 1. TITLE
CITY OF ALAMEDA
CITY CLERK'S OFFICE
This. Initiati:v.e shall: be: known. and referred to. as. the "Second. Initiative for.. Expansion.ofOpen. Space at
Crab Cove~"
SECTION 2. FINDINGS
A. In Nov. ember of20:Q"8~ more than 70%. of the City and County. of Alameda voters. and
G<?*tra· CoSta· CoUil:ty voters;. voted· iri· favor-of EaSt. Bay Regional Park pistri~t's Measure
WW~. a. t:w.ring.m..~~ CQveting.J.lrru~"lts in hQth.:A.J.&m~a. and: CQn:tra. CQs.t:a.. CQunti.es,.
~U~7 app~o:ring the :East Bay. Regi~.na,l Park Dis¢ct'-s.acquiSi~~n.pftht? federal prop~rty:-~m
Mc.K.ay AYe.n.u~ f.QJ: e~I:Uls.i.Qo. Qf C:r:ab. CQve @$. i.t. ~~ avaimbl~ ~d: alltb9rizin&funding
for acquisition and improvemen.t of this federal property.
B. Atthe-~e Of the-vote--on Measure-ww, the federal propeey·on McKay Av_enu~;_ Alameda;
C.QQ£iste.d: Qf a. siugl~ gar.!<.et c.on.si&ting. Qt aggr.o:ltima~ly 7~'.57 acte~ Qf.lmt~ tden.tified: as.
Afumeda. Councy Assessor's.Parcel No. 7.4:-B05-0Z6.
c. After-the· passage of Measure· ww, the fede~ government c?ils~d the. ori~ru ?-:57: ~~t~-.
p~c;et tQ b~ s.plitb.Jj.Q twQ par~l~ •. .Al:OOJ~. CQtmjy A.s.s.es..S.Qt's. ~~etNQs. .. 74-13Q~Ht16-l,_
approximately J.899. acres, and 74-IJOS-02,,..2, approximately J.67I acres.
D.. Ai:run~da CQtm.tJ' ~.S.$.flS.S.Qt; s. Par.c.e174:-Uo5.-4l~-i:.. was. :ce_:t;Qm~_d: by th~ City Qfalame.da.
for residential development in July 20 IZ.
E. ~ubseque.D:t to #le r~?olling of Alameda Co~zy A.Ssesso( s :paf~l 74-13_Q5-02~ 1,. The·
feopl~ Qf th~ City ofAlamed~ g~:e,P.SJ:ed: ~.4: circ:u.la.t~: a. d~ aWJJ..qriz.ed.: initiative,
"Initiative. for Expansion of Open Space at Crab. CoNe"· to rezone .Aiam.eda County
ASs~ssof~· Parce~ 74:-BQ~--016--1 t~ Open· Space to-i.mplement ~e-m~t of~e_voters· in
pas.s.iDg_M~me. WW .. (fbatwa.s. the.fimt.Initia..ti.ve. ~nc~.ming_tb~. Qtigjn.~~ 7:.5.7: ~
parcel~ therefore, this.is the Second. Initiative. concerning the origfua[ 7.57 acre parcel.).
F. Wh~ ~e ctr~-q.laoots· Of)he first "It'li~ative-fur·Exp~ion of Op~h:_Space ~t Crab-Cove''
qbtain.e.d s.u.ffic.i.en:t q:ualjfyin_g vQt~r$.'· ~.gn.a~s. t.Q nl.~ tb~ ini.tiativ~ QR tb~ blJJ..tqt.. tile.
City. Cq~~-by .1:1 :v~te of5 in ~vor,Jo: 0~ agafust pass~ Or~c~.'!-'J:o. 310~~ which
:te~Qn~-tb~ first 3.89~@.tt1 pqt:_ti_Qll Qf;:tb~ QO&iruU:tw:.~l-... 1!QW ~4.~t11ID.e..4: Qs. &Qlll~.
County. Assessor'"s.Parcel74-I3"05-0Z6:-l,. to.Open.Space District
. 6. QD. or before J1liJ.e 2016,_th~ United· $~tes l?epart:nl~t of AgricuJ~, ~~d:<fu¢ its· use of
tb.e r.em.mmng fed~®: bwldin~ QO.MQK~y A.:v.~n.u~ .. Th~ l:JJJit~. S~& Mmhal'!i Of.tic.e
re~ed until December 201.7-. On or before D~1Jl:~r 2o:I7, tf!.e fede~ g<>v.emm.ent
s_qught. t.Q di~ws~ Q( tb~ :t:e.:mmnmg_aooT_())p;m~ly ~~6'Zl ~s. q( tb~ Qug;W,al:p_~el;_nQw:
contained fu Alameda County. Assessor'"s Parcel. 74-13:05-0Z&-Z.
H. J.P.~ -p-mted Stares~ ~eJica is.the own~ of. Al_amooa ~oilitty ASs~ssor1 s P~I 74-n~s
~z-... and: Alam~a.. P.Qi.nt. C.QH~bQ:r:ati:v~ h~ :6tett ~ agplic.a'!iQu wttb. tb~ City qf Ala.m.eda
with the stated objective of removing the Speciai Go:vernm.en.t Combining District zoning
overlay~~-hll9wiitg the A~ve -Profe8~~Dal· Disliiet zOi.l,iilg to· .teifuilir on· this·
p~eJ.. 'flus. is p.rktt: tQ Qt C..Qn~mr~nt. wi.th:tb.e p_arc.eJ hejng. tnm.s.f.emd:t.Q. a.J.lr.i.va~ Jl.QU.-
governmental party. to start new uses. permitted under the AdinfnistratiV.e.-Professional
District zoning~
I. By lifting the Special Govelplli.ept Co~b~g.Qistljct zo~g overlay an~ p~nnittip.g· .
private, IlQU::-g.Qvemme.ntal: Admiois..tr.atiYe-PrQft:<~sio.ua.l.Di.s.ID.c..t. use.s. to be.gin .. ag!Un,_ th..e.
Federal government will :frustrate the willofthe People oftlie City of Alameda as. well as.
the voters· of both Alameda and Contra-Costa Counties.
J. This federal property is adjacent to the Robert W. Crown Memorial State Beach and is
uniquely suitable for-park facilities.
K. The expansion ofCi:own Beach for open space use is.the highest and best use ofthe
remaining portion of the original parcel.
L. The designation of the remaining portion of the original parcel offederal limd as. Open
Space prov.ides.for uses.permitted"by the City ofAlameda's Municipal Code.
SECTION 3. PURPOSE
The purpose of thiS. Second Initiative for Expansion ofOpen Space at Ci:ab. Cove iS:
A.. . tQ impl~.m~.nt th~ w1it Q{th~_Al:mn~Aa.aod: CQntta. CQ~ta. CQtmty VQt~. as. e_~r.es.s.e.ci: by
theii: approval of Measure WW fu the Nov.ember ZOOS general election.
B.~ To-pr~e:tVe land particulat:ly suited fot open-space. so. thatit can. be used for. park and
recreation-uses.
C. To-pr~tectthe-uttique plant and· ammal·life at Robert w. Ctowri.-Memorial-State Beach-.
D. Jo imple~ent the provisions.ofSections.2, J, 5, and 6,_of:the Gity of t\Jameda Ge~epd._
Phm •. a.s tbQ~e -s.®ti(:m~ ~rt.ai.n. tQ tb~ plrumiug fqJ::,_ ®d: ®~igoJJti.Qn. Qf .. .Qp~n. Sp~~~ Dis.tri.«t.
·in the City of Afumeda.
E. To· ~end-~e CitY of AI~eda· 9cii~?! Plan, and E;Jen_efcll Plan-Map-stt_~at ~e-land-use·
d.~sj.gn_atiQJJ.tQt tb~ C~pp_:r:q~jro.aml.y ·l.6:7l CJ~~-p~el:. Qtf.ed.ernlpt:QgeJj:y i.cteu.tl.fi.ed-~
f\I~eda CoWJ,tr. Asses~or'"~ ,Par~~ No. 7~-13:05-.~26:-;z, i$ chMge~l from 4\dininistrativ.e -
Ptqfes.sj~uJ.~ l).~_t;ciQt witb.a. SP.ec.ial: GQvemm~n.t. CQm.bining D.i.s.tri«t QVeday, tQ Qpe.n.
Space District.
F-. T()-amend-the Alame$.~mng Orilit$lc~ and ZOiiilig Map so that th~ land· us~ designation-
Qf tb.~ apptQ7tim~ly l-.67l!lc.t:e. P-at.c~l of.~~~J!tQ_P-et:.ty wbi~hJ~.Al~ita eQUI!ty
Assessor,.s Parcel No. 74.-IJOS-026:-2, is cliang~<f :from AdmfuiStrati\!e.-Professionar
pi:Strie( witp: SpecW. Goyemment Co$binihg Di~c~ overlay, 'to ppe~ Space-DiStrict
NQte.:. Th~ Zoning Map dQes. UQt <!Qntmn. tb~ SP-e«W: G.oveo:nn~..:ot. Overlay {QJ: this.
parce4 although the General Pbm Map. for this. parcel contains. the Special Government
Ov.erlay.
SECTION 4. AMENDMENT OF THE-GENERAL-PLAN,. ZONIN.GPLAN,-ANDZONIN.G MAP OF
THB CITY OF ALAMEDA.
A. The-City of Alame&·s· General Plan· Map is· shOwn: herein· as-followsz
I) Tlie approximately 3~671 acre parcel offederaHandwhicli is.identifiedas.Afameda
~minty Ass~ssor1 s Patc~l 74-1305-026-2, identified in _E~bit 1, whiCh is
~@.Qmt~ be.r:e.in by tbi~ ~:efeJ:en..«e,_is «~ntly :oon.e.d .t\.droinis.trnti.v~ -
Professional District with Special Government Combining District ov.eday.
B. The· City of Alameda's General Plan· M~is hereby amended as follows;·
I) The blue color on. Alameda County Assessor's ParcerNo. 74-I305-02o-Z, currently
indicating Special Govenl.nieilt Combining District overlay, over Administrative-
PrQfesRtQ:oal Dis.ttil.<t, i~ h.~te.by ch.ooge4 tQ <l~k green. (i.odi.c.~ti.u.g_ Qp.~n. SpaRe (~s.
shown in Exhibit 2), which is hereby incorporated by this reference.}
C. The City of Alameda's Zoning Plan is hereby amended as follows;
1). Section 30-4.19 "0:,., Open. Space District is hereby amended to include a new.
sl1bsection "f' that provides that "Tile. 3 .. ~~1 ,a~re federal property whj._ch is Alameda
CQu:o.1y As.s.es..s.Q~;' s.. P.ar.~l NQ .. 74:-l.:3:Q5-0Z~-Z.; i.s.. h~t:~by zou.e4: Qp.eu. Spa~e.
District. •r (As. shown in Exhibit 5, underlined, which iS. incorporated herein by. this.
reference); ·
The (First) "Initiative for Ex.pansion of Open Space at Crab Cov.e included
.. SEC.TION c. 1) Section 30,-4.19· 0; Open Space Distri~~ is· hereby amended·t<J
ine.hJ.de a. u~w stJhs..~tiQ.tl '~" that P.tQvisJ~s.. tbat. "·Th_e ~ .S99" ~qr.e s..w..:pl.us fed~tal:
property which is. a portion ofAlameda County. Assessor's. Parcel No. 74.-1305-026,
iS: Iretebyzoned: opertSpace." ·
Note: The new su6section "e"· as.contafnecf a6ove fu.tlie first ''Iilltiative for -------....................... ,. .......... -·· .. -··· ............ ..,) ..... -..... , ...... .
E:xpansi'on of Open-Space at Crab Cove"· has· not been-incm:porated in the
Alameda Zoning. Or.dinance,. hence the se<F.Iential labeling. of the next subsection is.
referred to. herein as ''f'. Should the contiri.ued omission of subsection "e" be
deemed: an erroroffutention, tbis.subsectionmay. 6e renamed"e"'fu.its.place.
D. The City-of Alameda's ZOning Map is hereby amended· a8 follows~
I). Alameda County. Assessor'·s Parcel74-B05-02&-l is. reflected in EXhibit 1 w.hlch
i$· fu,corpo~ted:herein· by~-reference _as· light lavend<:?r Pii*-for-A:~stranve·
Et:Qfe.!ts.iQJud:._ l.®~ i.s_ 11.Q QQve.nunent Qv~day den i.e.~· QJl City QtA:lam..e.da..ZP..ning.
Map Effective T/Z9/ZOI4, Corrected June 20I6.
2} ~ appt~~~ate-3.611 ac~e parc~l of fede~ land which is i<:l~ntifi~. ~ paq ~'the·
qtigjnal7..57 ~~I:t:s. i.dentifiW. ~ M®le.da. CQm.Uy A:.s.s.~.S.Q:t:'s.l?~l74:-UQS.-02.6,.
and now. further described as.Alimleda County Assessor"s Parcel 74-!305-02'6.-Z, is.
~.bY rezo~ed:from Adinitiistrative ,Profess.ioiiaJ to· Ope*Spa~ !iS s~wn in
:Exhihit 8",_ whi~h_is... inc~tP.Qm~· her.~t.ab.x tbis..:(emnmRe. .. Th~nl i~ nQ GQve.tllJII~
Qv.erlay on. City or Alameda Zoning Map.E~~~ti'v.~ 7[29f2!J.~4, Go~ctedJune .·.
2016, on Alameda County Assessor~s-Pareel74-1305-026-1 whieh is· reflected: in
Exhibit 8.,. which. is. incorpotatedher.ein. b.y this. .reference,. Administrative
Professienal. ·
SECTION 5-. EFFECTIVE DA1E
This initiative shalf become e:ffectiv.e upon passage.
SECTION 6. 1N11lA.TIVELANGUAGE SUPERCEDE& THE. LANGUAGE OF ANY EXISTING.
CONFLICTING CITY OF ALAMEDA LAW
this. initia:thre. imJg®ge. s.up.etcede.s the. hmguage. Qf @Y e.xis.ting CHy Q{Aiam~ )J:J.W tQ tb~ extent. suGb.
existing language. is. in conflict with the language: of this Initiative.
SECTION 7. LIBERAL CONSTRUCTION
This. Initiative shall be liberally construed to effectuate its.purposes.
SECTION 8. SEVERABIT:JTY ·
It is. the intent ofthe people that the provisions oftbis initiative are severable. and that if any section or
provisi~n-of this hriti~tive or 'the applic~tion· theteofto any pet~oP.: or-c.~~~e. is held invalid; s~ch
in.vaJidb:y shalt not ~t. any QtheJ:pmvisi9.nS. Qt &np.Uc.atipJJ_ Q:( t:Jll~_lnitiatiye. wJm~b. c.~-b.e. gi_ve.11 e.ffe.«t.
w.ithout the invalid provision. or application.
SECTION"9. CONFLICTING BALLOT MEASURES
In the event that this. measure and another measure. or measures. relating to. the federal property know.n as.
!\;Htme4a. Coliilty Assessor1 s· ?arcel No~ 74-130~~26-2~. adjac~t to Crab-_ Cove or-Robert w. Crown:
Me.trulrial:I!e..ac.bo. app.em: Qn tb.e. s_am.e.. city-wide.. haJJ:ot,. tb~ .P.mvi.~iQOii. q:f.tb~ Qtb~on..e.&&ll.l:~ Q{ m.~ure.s.
sha.11; be d~I_ll:edto_be in con:fJict with~.measure. In the event that this:~easw;e ~ceives agre.a~r
number of affirmative vates· that the ather measure ar measures:, the :provisions-afthis· measure shall
prevail over confftctiag. provisions. of an.y. other measure,. and the conflicting pro:v.isfun. of the other.
measure ar measures slui1.1 be· null and· void.
SECTION 10~ AMENDMENT OR REPEAL
T.liiS.iirltiative measure may be amended or repealed only by a majority ofthe voters.votfug in. an. election.
· thereon:. · ·
EXHIBIT 1
City of Alameda General Plan.Map
(showing subject parcel ~s currently zoned)
I 6VAiameda
I =:'oe~elopmentO~;;;:~~~~on
2263 Santa Claro Ave, Rm 190
Al<1111<!da, CA 94501
(510) 747-6805
Low-Density Residential
Medium Density Residential
Neighborhood Business
Community Commercial
~
~
General Plan Diagram
r-L__f( Foot
0 900 1.8C<l 3,600 5,400
Office
Business Park
Specified Mixed Use
General Industry
Commercial Recreation
OpenS pace/Habitat
Parks & Public Open Space
Public/Institutional/Schools
Federal Facilities
Edited
October 2016
--------1
" ',,.
,•
,~; .... ~ . ...
EXHIBIT 2.
City of Alameda General ~lan Map
(showing subject parcel as it
would be zoned by this Initiative}
~rryAI d 6F/\ a me a --2~11'2:':'?':tE11--
CorrmJnlty O,VI!lopment Department Plomlng C\vlslon
2263 S•nta Clara A VI!, Rm 190
Alameda, CA 94501
(510) 747-6805
Low-Density Residential
Medium Density Residential
Neighborhood Business
Community Commercial
\
~ ~---
'•. ,-. . ~ ;
l eneral Plan -D-ia-g-ra-m-~ ------,1
~Fcol
0 900 1,800 3.600 5.400
Office
Business Park
Specified Mixed Use
General Industry
Commercial Recreation I
OpenSpace/Habitat I
Parks & Public Open Space 1
I
Public/Institutional/Schools
Federal Facilities
EXHIBIT3
City of Alameda Municipal Code
January 41 2018
CHAPTER XXX Development Regulations
ARTICLE 1-ZONING DISTRICfS AND REGULATIONS
3o-4.7-A-P1 Administrative-Professional District.
(not amended by this Initiative}
ALAMEDA MUNICIPAL CODE January 4, 2018
CHAPTER XXX Development Regulations
ARTICLE I-ZONING DIS1RICTS AND REGULATIONS
30-4.7-A-P, Administrative-Professional District.
a General. The following specific regulations and the general rules set forth in Section 30-5
shall apply in all A-P Districts, as delineated and described in the zoning map(s). It is
intended that this district classification be applied in areas where administrative and
professional offices, medical and related facilities are the proper uses as indicated by the
General Plan.
b. Uses Permitted.
1. Offices of an administrative and professional nature including, but not limited to the
following:
(a) Accountants,
(b) Architects,
(c) Artists,
(d) Attorneys,
(e) Authors,
(f) Doctors and dentists,
(g) Engineers,
(h) Insurance agencies,
(I) Real estate offices,
G) Hypnotherapists and hypnotists,
(k) Optometrists,
(1) Psychic services (subject to permit requirements of sections 6-46.4
and 6-46.5 of the Alameda Municipal Code.
2. Medical facilities, including, but not limited to the following:
(a) Dental clinics,
(b) Hospitals,
(c) Medical clinics,
(d) Medical laboratories,
(e) Nursing and convalescent homes,
(f) Radiologist laboratories,
(g) Rest homes,
{h) Sanitariums.
3. Incidental or accessory buildings and uses on the same or adjacent lots which are
necessary for the operation of any permitted use.
4. Signs: Those pertaining directly to a permitted use on the property, and as further
regulated in Section 30-6 of these regulations.
c. Uses Requiring Use Permit.
It is the intent of this paragraph that the following uses shall be reviewed by the Planning Board for
their appropriateness in a specific location, or for such other Board for their appropriateness in a specific
location, or for such other factors as safety, congestion, noise, and similar considerations.
1. Mortuaries.
2. Underground or above ground public utility facilities for primarily local service
such as substations, gas regulators, manned or unmanned communications
equipment buildings, and similar uses, excluding City owned utilities.
3. Uses compatible and incidental to those designated in paragraph b.
d. Minimum Height, Bulk and Space Requirements:
1. Lot Area: Ten thousand (10,000) square feet.
2. Lot Width: Seventy-five (75') feet.
3. Maximum Main Building Coverage: Forty (40%) percent oflot area
4. Building Height Limit: Two (2) stories, but not to exceed forty ( 40') feet.
5. Front Yard: Twenty (20') feet.
6. Side Yard: Side yards shall total not less than twenty (20%) percent of the lot width
as measured at the front yard (as defined in Section 30-2-Defmitions), and no side
yard may either be less than seven (7') feet or be required to be more than twenty
(20') feet. The side yard on the street side of a comer lot shall not be less than ten
(10') feet.
7. Rear Yard: Twenty (20') feet. Not more than forty ( 40%) percent of any rear yard
may be occupied by accessory buildings or structures.
8. Yards for Comer Lot Adjacent to Key Lot: The side-yard setback on the street side
of the comer lot, within twenty (20') feet of the side property line of the key lot,
shall be equal to the front-yard of the key lot, as defined in Section 3-2, "Yard,
front," and no structure, excluding barriers, may be permitted within five (5') feet of
the rear property line on the comer lot.
9. Off-Street Parking and Loading Space: As regulated in Section 30-7.
(Ord. No. 535 N.S. §§ 11-1325-11-1328; Ord. No. 1277 N.S.; Ord. No. 1359 N.S.; Ord. No. 2289 N.S.;
Ord. No. 2290N.S.; Ord. No. 2416N.S. § 1; Ord. No. 2428 N.S. § 9; Ord. No. 2511 N.S. § 1; Ord. No.
2560 N.S. § 8; Ord. No. 2920 N.S. § 7; Ord. No. 2943 N.S. § 9)
(Ord. No. 3168, § 2, 11-15-2016)
EXHIBIT 4
City of Alameda Municipal Code
January 4, 2018
CHAPTER XXX Development Regulations
ARTICLE 1-ZONING DISTRICTS AND REGULATIONS
30-4.17-G, Special Government Combining District.
(not amended by this Initiative)
ALAMEDA MUNICIPAL CODE January 4, 2018
CHAPTER XXX Development Regulations
ARTICLE 1-ZONJNG DISTRICTS AND REGULATIONS
30-4.17 -G, Special Government Combining District
a. General. The G District classification shall be combined with the district classifications applied to
all lands in the ownership of the U.S. Government or the State of California.
b. Prior to the use of any lands by any private or public entity other than the United States or State of
California, through purchase or pursuant to lease from the U.S. Government or State of California,
rezoning procedures shall be completed to remove the G classifications and to consider further
appropriate district classification changes.
c. The 37.36 acre U.S. Government property identified by assessor's parcel numbers
APN7 4090501002 and APN 74090501202 shall be developed consistent with the Community
Reuse Plan Amendment (2009), and any use of the property by a private or public entity shall limit
the number of housing units on the property to a maximum of 435 units, unless an affordable
housing density bonus is granted pursuant to Section 30-17, in which case the maximum number
of units may be increased consistent with Section 30-17.
d. Notwithstanding the provisions in subsection (b) herein, interim uses by private or public entities
other than the United States or State of California oflands owned by the U.S. Government or
State of California may be allowed, subject to a use permit, pursuant to subsection 30-21.3, if the
following additional findings can be made:
1. The interim use is approved for a limited time, not to exceed the maximum time
frame set forth in the interim leasing program criteria;
2. The interim use utilizes existing facilities and does not require substantial new
development;
3. The interim use will not disrupt on-going operations of the governmental entity
should the interim use occur concurrent with continuing operations by a
governmental entity;
4. The interim use will not be detrimental to the ultimate redevelopment of the
property or the potential resumption of use of the property by the governmental
agency; and
5. The interim use is consistent with an interim leasing program adopted by the City. e.
An interim leasing program shall be adopted by the City prior to interim use, as
provided in subsection (c) herein. The interim leasing program shall be for a specific
parcel or parcels, shall specify permitted land uses, consistent with the underlying
zoning district, and shall specifY the maximum time frame for which a use permit
may be granted. In the absence of an adopted interimleasing program, all interim
leases shall require rezoning.
(Ord. No. 2658 N.S. § 1: Ord No. 535 N.S. § 11-1374; Ord. No. 1277 N.S.)
(Ord. No. 3130 N.S., § 1, 7-7-2015)
EXHIBIT 5
City of Alameda Municipal Code
January 4, 2018
CHAPTER XXX Development Regulations
ARTICLE 1-ZONING DISTRICTS AND REGULATIONS
30-4.19 -0, Open Space District
(as it exists now before this Initiative)
ALAMEDA MUNICIPAL CODE January 4, 2018
CHAPTER XXX Development Regulations
ARTICLE I-ZONING DISTRlCTS AND REGULATIONS
30-4.19-0, Open Space District.
a. General . The following specific regulations shall apply in all 0 Districts as delineated and
described in the zoning map( s ). It is intended that this district classification be applied on lands,
tide lands and water areas suitable for recreational and aesthetic resources, and that the regulations
established will promote and protect recreational uses, scenic vistas or reservation of land or water
against the intrusion of improper uses.
b. · Uses Permitted.
1. Public and private parks, parkways, playgrounds, beaches, lagoons or lakes, excepting
buildings or structures thereon.
2. Public and private golf courses, country clubs, excepting buildings or structures thereon.
3. Public and private land or water preserves. 4. Underground utility installations for local
service.
c. Uses Permitted, Subject to Min~r Design Review . Subject to the adjacent property owner's ability
to lease portion(s) of the public tidal lands within the "0" District, minor structures that are
accessory to the adjacent residential use for the purpose of either: a) waterfront access, including
but not limited to docks, and fences/gates not to exceed eight feet (8') in height above the dock, or
b) landscape amenities, such as arbors, gazebos, and similar unenclosed structures not to exceed
ten feet (1 0') in height, are permitted subject to approval process for improvements requiring minor
design review, as outlined in Section 30-37 Design Review Regulations.
d. Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be
reviewed by the Planning Board for their appropriateness in a specific location or for such other
factors as safety, sanitation, design and visual attractiveness.
1. Any structure or building (other than those described in subsection c. of this section)
located within areas descn'bed in paragraphs b.l., 2. and 3.
2. Above ground utility installations for local service.
3. Publicly owned small craft marinas and related installations. 4. Public and commercial
concessionaire activities, uses and buildings.
(Ord. No. 1601 N.S.; Ord. No. 1992 N.S.; Ord. No. 2407 N.S. §§ 11, 12; Ord. No. 2920 N.S. § 10)
EXHIBIT 6
City of Alameda Municipal Code
January 4, 2018
CHAPTER XXX Development Regulations
ARTICLE 1-ZONING DISTRICTS AND REGULATIONS
30-4.19 -0, Open Space District
(as amended by this Initiative}
ALAMEDA MUNICIPAL CODE January 4, 2018
CHAPTER XXX Development Regulations
ARTICLE I-ZONING DISTRICTS AND REGULATIONS
30-4.19-0, Open Space District.
a. General . The following specific regulations sball apply in all 0 Districts as delineated and
described in the zoning map(s). It is intended that this district classification be applied on lands,
tide lands and water areas suitable for recreational and aesthetic resources, and that the regulations
established will promote and protect recreational uses~ scenic vistas or reservation of land or water
against the intrusion of improper uses.
b. Uses Permitted.
1. Public and private parks, parkways, playgrounds, beaches, lagoons or lakes, excepting
buildings or structures thereon.
2. Public and private golf courses, country clubs, excepting buildings or structures thereon.
3. Public and private land or water preserves. 4. Underground utility installations for local
service.
c. Uses Permitted, Subject to Minor Design Review . Subject to the adjacent property owner's ability
to lease portion(s) of the public tidal lands within the 11 0" District, minor structures that are
accessory to the adjacent residential use for the purpose of either: a) waterfront access, including
but not limited to docks, and fences/gates not to exceed eight feet (8') in height above the dock, or
b) landscape amenities, such as arbors, gazebos, and similar unenclosed structures not to exceed
ten feet (1 0') in height, are permitted subject to approval process for improvements requiring minor
design review, as outlined in Section 30-37 Design Review Regulations.
d. Uses Requiring Use Permits. It is the intent of this paragraph that the following uses shall be
reviewed by the Planning Board for their appropriateness in a specific location or for such other
factors as safety, sanitation, design and visual attractiveness.
I. Any structure or building (other than those described in subsection c. of this section) located
within areas described in paragraphs b.l., 2. and 3.
2. Above ground utility installations for local service.
3. · Publicly owned small craft marinas and related installations. 4. Public and commercial
concessionaire activities, uses and buildings.
(Ord. No. 1601 N.S.; Ord. No. 1992 N.S.; Ord. No. 2407 N.S. §§ 11, 12; Ord. No. 2920 N.S. § 10)
f. The 3.67 acre federal property which is Alameda County Assessor's Parcel No. 74-1305-026-2. is
hereby zoned Open Space ...
EXIDBIT7
City of Alameda Zoning Map 7/29/2014, Corrected June 2016
(showing subject parcel as an undivided part of a 7.57 acre parcel
currently zoned Administrative -Professional
with no Government Overlay)
...
i
h ~f!tlU
( J
-------·-··-------------------'
EXHIBITS
City of Alameda Zoning Map 7/29/2014,
Corrected June 2016
(showing entire 7.57 acre parcel
as Open Space)
******
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in regular meeting
of the City Council assembled on the 2nd day of January, 2019, by the following vote to
wit:
AYES: Councilmembers Knox White, Oddie, Vella and Mayor Ezzy
Ashcraft-4.
NOES: Councilmember Daysog-1.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of the said City this 3rd day of January, 2019.
Approved as to Form:
----vv lt(/~J 11 f?u-uJL'
Michael H. Roush, Interim City Attorney
City of Alameda
Lara Weisiger, Cit lerk
City of Alameda