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Resolution 12041CITY OF ALAMEDA RESOLUTION NO. 12041 SUBMITTING TO THE ELECTORATE OF THE CITY OF ALAMEDA AT THE GENERAL ELECTION TO BE HELD ON MARCH 5, 1991, AN AMENDMENT TO THE CITY OF ALAMEDA CHARTER AND GENERAL PLAN PERTAINING TO ESTABLISHING THE MAXIMUM PERMITTED DENSITY FOR RESIDENTIAL DEVELOPMENT; PROVIDING FOR NOTICE THEREOF; AND PROPOSING SAID BALLOT MEASURE. WHEREAS, the City Council has called for a general municipal election to be held on March 5, 1991 to elect officials and to vote on qualified ballot measures and propositions, WHEREAS, the City Council desires to submit to the qualified electors of the City of Alameda a proposed amendment to the City Charter as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Alameda as follows: Section 1. The Council of the City of Alameda hereby proposes on its own motion to amend the City of Alameda Charter and General Plan as follows: AMENDMENT TO CHARTER AND GENERAL PLAN OF THE CITY OF ALAMEDA Section 1. It is the intent of the voters by enacting this Ballot Measure to amend the City of Alameda Charter and General Plan to limit residential densities within the City of Alameda to prevent overcrowding, minimize traffic congestion and parking problems, and preserve the character of residential neighborhoods. In addition, the voters wish to correct any existing internal inconsistency between the Housing Element and Combined Land Use Plan of the City of Alameda General Plan by �? ? clarifying the maximum permitted density for residential r4q, development projects within the City. }, m d o Section 2: A new Section 26 -3 is added to Article 'e-- -v ¢ XXVI of the Alameda City Charter to read as follows: O Section 26 -3. The maximum density for any residential development within the City of Alameda shall be one housing unit per 2,000 square feet of land. This limitation shall not apply to the repair or replacement of existing residential units, whether single - family or multiple -unit, which are damaged or destroyed by fire or other disaster; provided that the total number of residential units on any lot may not be increased. This limitation also shall not apply to replacement units under Section 26 -2. Section 3: A new provision is added to the Housing Element and Combined Land Use Plan of the City of Alameda General Plan to read as follows: The maximum density for any residential development within the City of Alameda shall be one housing unit per 2,000 square feet of land. This limitation shall not apply to the repair or replacement of existing residential units, whether single - family or multiple - unit, which are damaged or destroyed by fire or other disaster; provided that the total number of residential units on any lot may not be increased. This limitation also shall not apply to replacement units under Section 26 -2 of Article XXVI of the City of Alameda Charter. Section 4. Following the effective date of this Ballot Measure, all land use approvals- including general plan amendments, specific plans, subdivision and parcel maps, conditional use permits, variances, and building permits- -shall be consistent with the provisions of this Ballot Measure. Within 180 days after the effective date of this Ballot Measure, the City Council shall adopt such further amendments to the text and maps of the City of Alameda General Plan as are necessary to ensure that all elements of the General Plan are legally adequate in all respects and consistent with the provisions of this Ballot Measure. Section 5. The City Council shall amend the City of Alameda Zoning Ordinance to bring it into consistency with this Ballot Measure within 180 days after its effective date. Section 6. All provisions of this Ballot Measure are independent and severable. If any portion of this Ballot Measure is invalidated by a court of law, the remaining portions shall remain in full force and effect. Section 2. The Council of the City of Alameda hereby proposes to and does hereby on its own motion submit to the qualified electors of the City at the March 5, 1991 election the proposal to amend the City of Alameda Charter in the manner hereinabove specifically set forth as follows: AMENDMENT TO THE CITY OF ALAMEDA CHARTER AND GENERAL PLAN PLAN: Shall the City of Alameda Charter and General Plan be amended to limit : YES : . the maximum density for any residential • • development within the City of Alameda NO . : to one housing unit per 2,000 square • • feet of land excepting the repair or replacement of existing residential single - family or multiple -units which are damaged or destroyed by fire or other disaster and excepting replacement units under Charter Section 26 -2? Section 3. The City Clerk is hereby authorized, instructed and directed to furnish all printed material, supplies and necessary materials required by law. Section 4. The City Clerk shall furnish the Registrar for the County of Alameda with all pertinent information and material to supplement the City's contract with the County entered into pursuant to Elections Code Section 20003. Section 5. The City Clerk to Division 14 of the Elections Code Section 34450 authorizing any City to the procedures in Elections Code 5. shall publish notices pursuant as provided in Government Code to amend its Charter pursuant Article 3, Chapter 3, Division Section 6. In all other matters of procedure the City Clerk shall conduct the election as provided by the Elections Code except where such provisions are in conflict with the provisions of the City Charter. Section 7. The City Clerk shall certify the passage or failure of the proposed Amendment and shall enter the results in the records of the proceedings of the City Council at which meeting the results of the election are certified and adopted. 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 assembled on the twentieth day of November, 1990, by the following vote to wit: AYES: Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. NOES: None. ABSENT: None. ABSENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this twenty -first day of November, 1990. t)//tt& e e Dia Felsch, City Clerk City of Alameda