Ordinance 2662CITY OF ALAMEDA ORDINANCE NO.
New Series
2662
AMENDING THE ALAMEDA MUNICIPAL CODE TO ESTABLISH THE "
ESTUARY DISTRICT AS SUBSECTION 30-4.21 OF ARTICLE I(ZONING DISTRICTS AND REGULATIONS), CHAPTER XXX
(DEVELOPMENT REGULATIONS)
WHEREAS , pursuant to the California Environmental Quality Act,Negative Declaration, IS-91-332 has been recommended for
adoption by the Planning Board and is adequate in addressing the
environmental impacts for the proposed zoning text amendment; and
WHEREAS , the Planning Board held a public hearing on this
application on March 14 , 1994 and has examined pertinent maps
drawings , and documents , and recommended approval of the zoning
text amendment; and
WHEREAS , the City Council heldapplication on May 3, 1994 and has
drawings , and documents; and
public hearing on thisexamined pertinent maps
WHEREAS , the City Council has made the following findings:
The proposed zoning text amendment will have no
significant adverse effects on the integrity of the
General Plan.
The proposed zoning text amendment will havesignif icant adverse effects on the environment.
The proposed zoning text amendment will have no
significant adverse effects on the general welfare
of the community.
The proposed zoning text amendment is necessary to
enable the appropriate development and maintenance
of property in the City.
NOW , THEREFORE, BE IT ORDAINED by the Council of the City of
Alameda that:
Section 1 The Alameda Municipal Code is hereby
amended by adding Subsection 30-4.21 to Article 1 of Chapter XXX
thereof to read as follows:
Subsection 30-4., Estuary District.
a. General. The following specific regulations , and the
general rules set forth in Subsection 30-4., shall apply in all E
Districts as delineated and described in the zoning maps. It is
intended that this district classification be applied in areas in
the Alameda Estuary, and that the regulations established will
promote and protect the environment and water-dependent uses in
such districts.
Uses Fermi tted.None.
Uses Requiring Use Fermi ts.1. In the area between the Channel Line and the City
Limi ts , no structures are permitted.
2 . In the area between the Channel Line and the Pier
and Bulkhead Line, water-dependent uses such as marinas , docking
and seaport distribution facilities, boat repair and other marine
services and similar uses consistent with the zoning district on
the inland portion of the parcel shall be reviewed by the Planning
Board for their appropriateness in a specific location and for
other factors such as safety, congestion, noise , visual obstruction
and environmental considerations.
3. Findings. In addition to the findings in Section 30-
21.3, the Planning Board may authorize the issuance of a Use Permit
only if the following additional findings can be made:
(a) The development will not create any additional
impairments to navigational safety in the Channel.
(b)
visual impairment.
The development will not create addi tional
(c) The development is consistent with the aviation
safety requirements of the General Plan.
(d) The proposed use (s) is/are water-dependent and
is/are consistent with the public trust.
(e) The proposed use(s) will not cause degradation
to water quality in the Channel or water-related habitat.
4. Condi tions. The approval of a Use Permit shall be
contingent upon the acceptance and observance of specified
condi tions , including but not limited to the following:
(a) All title information, leases and City permits
shall be complete , accurate , and maintained up-to-date.
(b) Public access to and along the shore shall be
provided , unless inappropriate because of safety considerations.
Where public access is not provided on-site the developer shall
make an equivalent contribution to the development of public accessoff the site.
(c) For any proposed structure , including those
existing structures that require upgrade , which extends beyond the
pierhead and Bulkhead Line, environmental review and public
notification will be required prior to City approval.
(d) For commercial marinas , the applicant shall
also comply with all other requirements of Subsection 30-4.9(c) (15)
of the Zoning Ordinance.
(e) The applicant shall comply with all other
environmental mitigations determined to be necessary through the
environmental documentation and public review process.(f) The applicant shall comply with setbacks
required by the U. S. Army Corps of Engineers for channel dredging
and maintenance acti vi ties for both fixed structures and mooredvessels.
(g)
The applicant shall
slope in accordance with City standards.maintain the per imeter
d. Minimum Height Bulk and Space Requirements. All
regulations of the district covering the portion of the parcel
inboard of the Pier and Bulkhead Line shall apply.
section Severability Clause. It is the declared intent ofthe City Council of Alameda that if any section , subsectionsentence, 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 provisions of
this ordinance.
section 3 This Ordinance shall be in full force and effect
from and after the expiration of thirty (30) days from the date of
its final passage.
Attest:
:/o
Revised 5/6/94
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 regular meeting assembled on the lith day of
May , 1994 by the following vote to wit:
NOES:
Councilmembers Appezzato, Arnerich, Lucas, Roth
and President wi throw - 5.
None.
AYES:
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto see my hand and affixed the
official seal of said City this 18th day of May , 1994.
)JCwL l?. JJ/
Diane B. Felsch, City Clerkci ty of AlamE:da