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Ordinance 3014CITY OF ALAMEDA ORDINANCE No3014 New Series AMENDING MUNICIPAL CODE SECTION 30 -4.20 OF ARTICLE 1 (ZONING DISTRICTS AND REGULATIONS) OF CHAPTER XXX (DEVELOPMENT REGULATIONS) BY ADDING SUBSECTION 30- 4.20 (j.) TO THE M -X MIXED USE PLANNED DEVELOPMENT DISTRICT ZONING REGULATIONS TO ALLOW FOR APPLICATION FOR INTERIM USE PERMITS UNDER CERTAIN CONDITIONS. WHEREAS, the Alameda Municipal Code (AMC) does not explicitly allow for interim use permits on property zoned MX Mixed Use, and WHEREAS, owners of property may require interim uses to provide an economic return on property that is zoned MX but for which an adopted Master Plan has not yet been completed or adopted as required by Section 30 -4.20, and WHEREAS, interim uses may be necessary for property that is zoned MX Mixed Use and has an approved master plan, but economic conditions are such that the property cannot currently be economically redeveloped consistent with the approved Master Plan; and WHEREAS, the Alameda Planning Board has held public hearings and recommended adoption of the proposed amendment to the City Council; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES ORDAIN AS FOLLOWS: Section 1. Ordinance Adoption. Subsection 30 -4.20 MX Mixed Use Planned Development Regulations Article 1 (Zoning Districts And Regulations) Of Chapter XXX (Development Regulations) is hereby amended to add new subsection 30- 4.20 j. to read as follows: j. Interim Use Permits. The Planning Board may approve or amend a use permit for a property zoned MX prior to approval or implementation of a master plan provided that: i) the use is either permitted or conditionally permitted in one of the districts identified in subsection d.2 above, ii) a good faith effort is being made to complete the master plan for the site according to an agreed -upon time schedule, iii) the term of the use permit is defined and short -term and conditions are included that describe and manage the termination of the interim use upon expiration of the use permit, iv) the interim use does not have significant or greater adverse impacts on neighboring properties, and v) the approved uses will not inhibit or delay adoption of a master plan or redevelopment of a the property consistent with the M-X zoning district purposes. 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. 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. Attest: Lara Weisiger, City Cie City of Alameda esiding -f th city Council 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 15th day of December, 2009 by the following vote to wit: y g AYES: Councilmembers deHaan, Gilmore, Matarrese, Tam, and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, 1 have hereunto set my hand and affixed the official seal of said City this 10th day of December, 2009. Lara Weisiger, City City of Alameda