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Ordinance 2807CITY OF ALAMEDA ORDINANCE NO. 2807 New Series APPROVING A ZONIG TEXT AMENDMENT (ZA-99-2) TO AMEND SUBSECTION 30-20 OF THE ALAMEDA MUCIP AL CODE (AMe) TO DELETE THE MASTER PLAN REQUIREMENT FOR A MART ANALYSIS AND PHASING DIAGRA AND ALLOW FOR PREPARTION OF DEVELOPMENT STANDARS , GUIDELINES AN PROCEDURS IN-LIEU OF DETAILED DEVELOPMENT PLANS WITHIN THE MIXED USE PLANNED DEVELOPMENT DISTRICT (MX). BE IT ORDAINED by the City Council of the City of Alameda that: Section 1.Subsection 30-4.20 of the Alameda Municipal Code is hereby amended to delete the Master Plan requirement for a market analysis and phasing diagram and allow for preparation of Development Standards , Guidelines and Procedures in-lieu of detailed development plans within the Mixed Use Planned Development District (MX), by: Amending subsection 30-4.20 (a) to read: a. Purpose. The purpose of the Mixed-Use District is to encourage the development of a compatible mixture of land uses which may include residential , retail , offces , recreational enteliainment , research oriented light industrial , water oriented or other related uses. The compatibility and interaction between mixed uses is to be insured through adoption of Master Plan (defined in Section 30-20f) and development plan site plan (defined in Section 30-20h), which indicate proper orientation , desirable design character and compatible land uses to provide for: 1. A more pedestrian-oriGnted non-automotive environment and flexibility in the design of l nd uses nd 1IUctures than are provided by single purpose zoning districts , including but not limited to shared parking; '2. The enhancement and preservation of property and strctures with historical or architectural merit, unique topographic , landscape or water areas , or other features requiring special treatment or protection; 3. Recreation areas that are most accessible to both the MX district's inhabitants and other City residents; 4. Environments that are more conducive to mutual interdependence in terms of living, working, shopping, entertainment and recreation; and 5. Flexibility in the design, lay-out and timing of build-out oflarge-scale mixed use projects in order to respond to market demands while ensuring that development is in conformance with adopted standards , procedures and guidelines. In order to accomplish this purpose , the City may establish Development Standards , Procedures and Guidelines (which govern , among other items processing procedures , project-wide design guidelines addressing architecture , site planning, parking, circulation , streetscape , open space , landscaping, lighting, project identification and signage , and specific use design guidelines) as part ofthe Master Plan to which the Development Plans must then conform. Amending subsection 30-4.20 (e) to read: Density 1. The City Council shall determine the number of dwelling units that are appropriate for the MX and the appropriate area of noncommercial development therein. 2. Residential development within the entire MX shall not exceed one dwelling unit per 2 000 square feet oflot area for land designated on the Master Plan for residential use. Amending subsection 30-4.20 (t) (1) to read: 1. Market Analysis. Except in redevelopment project areas where a project is approved or amended in conjunction with an agreement with the redevelopment agency, an application seeking approval of a mixed-use development shall submit a market analysis , which shall be prepared and signed by an economist or market analyst as demonstrated by appropriate training and experience and reviewed by the Planning Board. The market analysis shall demonstrate that the amount of land proposed can be realistically supported in commercial , residential , professional offce or research uses. For these purposes such market analysis shall contain the following determinations: (a)Determination of the trade area of the proposed facilities; (b)Determination of the trade area population , present and prospective; (c)Determination ofthe effective buying power in such trade areas; (d) Determination of net potential customer buying power for stores in the proposed commercial and professional facilities and, on such basis , the recommended use types and floor areas; ( e) Determination of the combined market attraction as a result of the combination of proposed uses for the purpose of assessing the benefits projected for a mixed use proj ect. Amending subsection 30-4.20 (t) to revise subsection (5) to read: Preliminary elevations of each structure or elevations of each model or typical structure. Amending subsection 30-4.20 (t) to revise subsection (7) to read: 7. A preliminary development schedule and phasing diagram showing each phase of the development schedule of the Master Plan , for purposes of planning public amenities and infrastructure. Amending subsection 30-4.20 (t) to revise subsection (8) to read: 8. In lieu of (5) and (7) above , at its discretion , the City Council may approve as part of the Master Plan , a document containing detailed Development Standards , Procedures and Guidelines to which Development Plans must conform and which shall generally cover the topics described in (5) and (7) but permit flexibility in design, lay-out and timing of build out. The City Council may approve in the Development Standards , Procedures and Guidelines , as provided for in section 30-4.20 a., the delegation of some , or all , of the decisions on the development plans to the Planning Director. Amending subsection 30-4.20 (g) to read: Procedures and Standards. 1. At least one (1 ) public hearing shall be held by the Planning Board , noticed pursuant to subsection 30-21.7 on each Master Plan after the Board shall make its recommendations to the City Council. 2. The City Council shall also hold at least one (1) public hearing on the Master Plan before making its decision therein. 3. The Planing Board may approve a development plan only if it determines , in the context of the Master Plan , that the mixed use development: (a)Qualifies; (b)Satisfies the purpose ofthese regulations; (c)Is designed in a manner compatible with existing and potential contiguous uses; (d) Provides a sufficient vehicular and non-vehicular circulation system within the project with the least amount of duplication; and the best interface with other systems; (e) Provides and maintains adequate landscaping using, where appropriate native plants and taking maximum advantage of the screening capabilities oflandscaping; (t) The amount ofland proposed for any particular use can be marketed for that use within a reasonable time after development is complete; (g) Provides sufficient area , and encourages adequate public accessibility and usage of the water/land interface; (h) Provides a comprehensive , coordinated controlled system of informational and directional graphic signage throughout the development; and (i) Demonstrates progressive techniques for the conservation of, and decreased consumption of, nonrenewable energy. Adding subsection 30-20 (g)(4) as follows: Planning Director Decisions (a) Where authority for decisions on development plans is delegated to the Planning Director , pursuant to subsection 30-4.20 (t) 8(a), the Planning Director shall be responsible for making the determinations required in subsection 30-20 (g) 3 and providing the same public notice required for Planing Board action on a development plan, but may take action administratively without holding a public hearing. In those instances where the Planning Director believes an application wil generate significant public interest or involve policy issues , the Planning Director may refer the application to the Planing Board for review and action. Each decision made by the Planning Director pursuant to delegated authority in accordance with this section shall be placed as information item on the Planning Board agenda and provide a summar of the project and conditions. (b) If the Planning Director receives a written request for a Planning Board public hearng and action by the Planning Board any time during the review process but no later than ten days after the action of the Planning Director or three (3) working days following the Planning Board meeting for which the information item is on the agenda, whichever time period is longer, then the development plan shall be set for Planning Board public hearing and action. Amending subsection 30-20 (i) to read: Development of the Phases of the Master Plan. 1. Each phase of the Master Plan shall be substantially under construction before development plan for another phase may be approved , unless otherwise provided in an applicable agreement with the City or Community Improvement Commission. 2. A phase may be processed by more than on (1) development plan upon approval of the Planning Board for each development plan. Section 2.The above amendment shall be known as and referenced to as Zoning Text Amendment No. ZA-99- 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: ****** " 0- ,?,- unCll , 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 21st day of September , 1999 , by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Johnson and Mayor Appezzato - 4. NOES:Councilmember Kerr - ABSENT:None. ABSTENTIONS:None. IN WITNSS , WHREOF, I have hereunto set my hand and affxed the offcial seal of said City this 22nd day of September , 1999. Diane Felsch, City Clerk City of Alameda