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Ordinance 3009CITY OF ALAMEDA ORDINANCE No. 3009 AMENDING MUNICIPAL CODE SUBSECTION. 3075.14 (BARRIERS AND FENCES) OF ARTICLE I (ZONING DISTRICTS AND REGULATIONS) OF CHAPTER XXX (DEVELOPMENT REGULATIONS) SY ADDING SUBSECTION 30-5.14. e TO REQUIRE ADMINISTRATIVE. USE PERMITS IN NON-RESIDENTIAL DISTRICTS FOR TEMPORARY OR PERMANENT BARRIERS OR FENCES WITHIN A REQUIRED SETBACK NINNs% OR ALONG A PROPERTY LINE THAT FACES.A PUBLIC STREET OR A PUBLIC ACCESS EASEMENT WHEREAS, the Alameda Municipal Code (AMC) does not .adequatel re the construction of fences and barriers in commercial and industrial zones and WHEREAS, the visual and aesthetic q ualit y of commerci and. industrial properties is .critical to main t ainin g propert va.lues in these. areas.and m a successful business environment; and :WHEREAS, the historic. Alameda commercial districts and the appearance of these districts is critical to the economic health.of the commu and. WHEREAS, construction of.an inappro p riate or poorl desi .fence can n have ne effe on adjacent properties in a business area a WHEREAS, vacant commer properties must be carefull mana to ensure that the do not.result...in ne a ffects. on nei properties and WHEREAS, the proposed zonin text amendment is necessar to ensure that temporar or permanent fences.and barriers -constructed within the commercial and retail districts do no inhibit achievement of:General- Plan. g oals for a walkable, pleasant, commerciall vital, visuall appealin commercial districts and WHEREAS, the proposed zonin text. amendment will ensure that.inappropriate fences and barriers will not be built. adjacent to the. public ri of w commercial ercial and industrial areas; and WHEREAS the pr o posed z oni ng amendment is e in that it established a are not har m process to ensur t hat all fences and barriers in non-residential areas ful or detrimental to the.area or adjacent properties; and WHEREAS, the Alameda. Plannin Board has held public hearin and recommended adoption of the proposed amendment to the Cit Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES ORDAIN AS FOLLOWS: Section 1 Ordinance Adoption Subsection 30 -5.14 Barriers and Fences of Article I (Zoning Districts And Regulations) Of Chapter XXX (Development Regulations) is hereby amended to add new subsection 30.5.14 e to read as follows: e. Non Residential Fences. On non residentially developed or zoned properties, any permanent or temporary barrier which is visible from a public right of way or public access easement, shall require an Administrative Use Permit pursuant to section 30 -21.4 unless such barrier is included as part of a Use Permit governing the greater use of the property, a Development Plan approved pursuant to a Planned Development zoning, or a Design Review approval or unless the fence is required to address health or safety concerns caused by fire or other. natural disaster for not more than 30 days. Barriers of chain link or similar material shall be screened, and all barriers shall provide adequate access for safety and emergency personnel. Administrative Use Permits for temporary fences shall be conditioned to require removal of the fence in six months. Requests for extensions to the six -month terra shall require a Use Permit approved by the Planning Board. Section 2. Severability Clause. It is the declared intent of the city council of Alameda that if any section, subsection, sentence, clause, phrase, or proyision 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. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance hereby adopted, to the extent of such conflict only, are hereby repealed. 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 t y (30) days from the date of its final passage. M 0'residin Offi(er Attest: Lara Weisiger, City Clerk City of Alameda 1, 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 3 rd day of November, 2009 by the followin g vote to wit: AYES: Councilmembers del -lawn, Gilmore, Matarrese, Tangy, and Mayor Johnson 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, l have hereunto set my hand and affixed the official seal of said City this 4th day of November, 2009. Lara Weisiger, City Cler City of Alameda