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Ordinance 2697CITY OF ALAEDA ORDINANCE NO. New Series 2697 INTERIM ORDINANCE ESTABLISHING A 45-DAY MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW CONVENIENCE STORES AND PACKAGED LIQUOR STORES BE IT ORDAINED by the Council of the City of Alameda: section That an interim ordinance establishing a 45-day moratorium on the operation of new convenience stores and packagediquor stores. section The city Council hereby finds that: The City of Alameda is now amending its Zoning Ordinance as part of a new Development Code , which will include standards and procedural requirements to assure that all development in the city protects the public health safety, and wel fare. The new Development Code will include among other prov isions , standards and procedural requirements for thedevelopment and operation of packaged liquor andconvenience stores. The present Alameda Zoning Ordinance does not contain adequate standards and procedural requirements for thedevelopment and operation of packaged liquor and convenience stores. The Ordinance def ines convenience store " only as "a food store that is not agrocery store , and a packaged liquor store as "anyestabl ishment sell ing alcohol ic beverages in an unopenedcontainer" . The City of Alameda has recently received appl icationsfor convenience and packaged 1 iquor stores. The development of convenience stores and packaged liquor stores may be in confl ict with the new Development Code which the city is now considering. There is a current and immediate threat to the publichealthsafety, and welfare from the development of iquor and convenience stores under the city s presentZoning regulations because special standards andprocedural requirements are needed to address the potential adverse effects of convenience and packagedliquor stores including, but not limited to the follo\V'ing: The proliferation of litter. Light and glare. Noise. crime problems. Incompatible standardized building design. Incompatibil i ty wi thinsti tutional uses.andnearbyresidential Establishment of the following regulations is necessary to avoid adverse effects on the City of Alameda and for the immediate preservation of the public health , safety, and wel fare pending adoption of appropriate standards and procedural requirements in the City s Development Code. Section apply as follows:The provisions of this Interim Ordinance shall These requirements shall apply to allall convenience stores and all newstores, including new development , newbuildings, and expansions of existingci ty of Alameda. applications forpackaged iquor uses in existing uses , wi thin the No new convenience stores or packaged liquor stores shall be establ ished or expanded wi thin the City of Alameda during the term of this Interim Ordinance. section Definitions: For the purposes of this ordinance , " convenience storeshall include any store of 5 , 000 square feet or less which sells a variety of food goods and beverages. For the purposes of this Ordinance , " packaged iquorstore" shall mean any establishment selling alcoholic beverages in an unopened container. section 5 Environmental Review. Adoption of the InterimOrdinance is categorically exempt under the californiaEnvironmental Qual i ty Act , as an action by a regulatory agency for the protection of the environment. (Class Section 6 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 inval id 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 7 This ordinance shall take effect immediately and shall terminate in 45 days (September 16 1995), unless extended by the City council , in accordance with Government codeSection 65858. pre -%lci uncil Attest: :tL city clerk 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 1st day of Auqust , 1995, by the following vote to wit: AYES:councilmembers Arnerich, DeWitt ,Lucas, Mannix and President Appezzato - NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the off icial seal of said City this day of Auqust , 1995. JML Diane B. Felsch , City City of Ala,meda clerk