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Ordinance 2829CITY OF ALAMEDA ORDINANCE NO. 2829 New Series URGENCY ORDINANCE PLACING A MORATORI ON CERTAI PERMITTED AN CONDITIONALLY PERMITTED USES IN C-AN C- ZONIG DISTRICTS W1THIN THE PAR STREET AN WEBSTER STREET BUSINSS ARAS WHEREAS , the City bas been notified of the concerns of the Park Street Business Association (PSBA) and the West Alameda Business Association (W ABA) that many of the uses permitted or conditionally permitted under the existing C-2 and C-M Zoning Distrcts could have significant deleterious effects on the quality and character of the Webster Street and Park Street Business Areas and that such effects could signficantly reduce property values within the Business Areas; and WHEREAS , the Park Street and Webster Street Business Areas represent the two "main street" commercial areas within the City of Alameda; and WHREAS , the City has received a number of inquires regarding the establishment of new businesses with the Park Street and Webster Street Business Areas which have been actively opposed by the local business associations; and WHEREAS, the Alameda Municipal Code sections identifying the permitted and conditionally permitted uses with the Webster and Park Street business areas were drafted more than forty years ago in 1958 and may no longer reflect an appropriate range of uses; and WHEREAS , the City of Alameda is in the process of developing a "Downtown Visioning Project" and Economic Development Strategic Plan and has also begu a process to comprehensively update its General Plan and Development Code; and WHEREAS , the City needs to address this expected proliferation of potentially inappropriate businesses with the Park Street and Webster Street Business Areas; and WHEREAS , the requirements ofthe Californa Environmental Quality Act of 1970 (CEQA) have been satisfied , and in accordance with Sections 15061(b)(3), of the California Code of Regulations , this project is exempt from the provisions of CEQA; and WHEREAS, public notice has been given pursuant to Sections 65858(b) and 65090 of the Governent Code; and WHEREAS , pursuant Governent Code section 65858 , urgency measures shall require a four-fifths vote of the legislative body for adoption;.and WHEREAS, because of the forgoing, it is both urgent and essential to the general health safety, and welfare ofthe communty and its citizens and the promotion of proper land use, to within the Park Street andW ebster Street Business Areas , immediately prohibit for a limited time the issuance of building, zoning, occupancy, and other permits for all except a limited number of specified uses , to allow time to study the issue so that appropriate land use controls can be developed; and WHEREAS , the City Council expressly finds and declares that this ordinance is necessary for protecting public peace during this emergency situation. Urgent action is needed due to: the reasons set forth in the recital paragraphs ofthis Ordinance; potential proliferation of inappropriate businesses; ambiguities in the City s zoning regulations; strong public outcries regarding the potential proliferation of inappropriate businesses; and(5) the City's need to update the zoning regulations to reflect amore curent enumeration of appropriate uses in the Park Street and Webster Street Business Areas. (1) (2) (3) (4) WHEREAS , the City Council finds and determines that the public safety, health convenience , comfort , prosperity and general welfare wil be furtered by the proposed moratorium. NOW, THEREFORE , BElT ORDAID by the Councilofthe City of Alameda, by four- fifths vote that: Section 1 The City Council. finds and determines the foregoing recitals to be true and correct and hereby makes them a par of this Ordinance. Section 2 Therequirements of the California Environmental Quality Act (CEQA) 1970 , as prescribed by the Secretar of Resources , and the City of Alameda ' s environmental review requirements have been satisfied, and that in accordance with Sections 15061(b)(3), of the Californa Code of Regulations , this project is exempt from the provisions ofCEQA. Section 3 Ths moratorium shall remain in place Joraperiod offortfivedays which may be extended by ordiance or until the date a decision is rendered by the City Council to adopt permanent land use controls for the Park Street and Webster Street Business Areas , whichever occurs earlier, to allow the completion of the City's analysis topro'Vde the QityGouncilWithsufficient time to review the analysis and consider adoption of appropriate land use controls. Section 4 The geographical limits of the Park Street Business Area within which this ordinance shall be effective shall be those ilustrated in Exhbit A. The geographical limits of the Webster Street Business Area within which this ordinance shall be effective shall be those ilustrated in Exhibit B. Section 5 For the term of this Ordinance , only the following enumerated uses (listed under sections 30-8 and 30-9 of the AMC) will be pernlitted on propert zoned C-2 within either the Park Street or Webster Street Business Areas. Permitted: I. Ar and antique shops 2. Appliance stores3. Bakery shops 4.Banks , savings and loan associations including drve in facilities. 5. Barber and beauty shops and beauty colleges 6. Book stores and rental libraries (including reading rooms).7. Clothing stores 8. Bowling establishments 9. Catering stores 10. Department stores 11. Furniture stores , including new and used 12. Dairy product stores , excluding processing 13. Drug stores , including fountain and.food service14. Florist shops 15. Grocery stores 16. Gift , and stationar shops 17. Hardware stores18. Jewelry shops 19. Music and dancing studios 20. Music stores 21. Job printing shops 22. Laundres and cleanng agencies , including pressing, spotting, garent repair and alteration service. 23 . Repair shops for shoes , radios and televisions , small domestic appliances , watches and similar items. 24. Bed and breakfast facilities (subject to the existing regulations within the Alameda Municipal Code. 25. Newspaper publishing and printing establishments26. Paint stores 27. Pet shops 28. photographic stores 29. Plumbing supplies and fixtues retail salesonly 30. Restaurants (excluding drve-ins) 31. Shoe stores 32.Theaters , including movie and stage excluding drve-in 33. Travel agencies 34. Public buildings 35.Candy stores Section 6 For the term ofthis Ordinance , only the following enumerated uses (listed under sections 30-8and30-90ftheAMC) will be permtted with ause permit on propert zoned 2 within either the Park Street or Webster Street Business Areas. Conditionally Permitted1. Offices 2. Dwelling unts3. Plant nurseries 4. Commercial parking lots 5. Those portions of groceries stores devoted to sales of alcoholic beverages 6. Small upholstery shops , exclusive of refinishing and other manufacturing 7. Taverns Section 7.For the term of this Ordinance , only the following enumerated uses will permitted on property zoned C-M within the Webster Street Business Area. Permitted Uses 1. Those uses permitted within the C-2 District as set fort in section 5 above 2. Assembly of electrcal appliances , electronic instruments and devices , radios and phonographs , including the manufacture of small parts such as coils , condensers transformers , crystal holders and similar items. 3. Bookbinding, printing and lithographing and engraving shops 4. Cabinet and carpentry shops 5. Carpet cleaning and dyeing 6. Cold storage plants including ice storage 7. Dairy products processing plants , but excluding canning operations 8. Diaper supply services 9. Electrc repair shops 10. Equipment sales and service , including refrgeration11. Exterminators 12. Glass shops , including auto glass 13. Heating and ventilating shops 14..Household goods storage and moving 15. Jewelry manufacturers 16. Laundres and linen supply services 17. Optical goods manufacturing 18 . Packaging establishments 19. Parcel delivery services 20. Photographic processing, finishing andprinting 21. Repair shops -miscellaneous 22. Researchlaboratories and institutions 23. Saillofts 24. Scientific instruent and equipment manufacturing and machine shops 25. Ship chandleries 26. Tool or cutlery sharening or grnding. 27. Upholstery shops 28. Underground or above ground public utility facilities for primarly local service such as substations gas regulators , manned or unaned communications equipment buildings andsirnlar uses. 29. Veterinary clinics , Veterinar hospitals , anmal kennels , . shelters , and pounds (provided no such use wil be located within 200 feet of any R use) 30. Warehousing and storage facilities 30. Wholesale trade establishments Section 8.For the term of this Ordinance, only the following enumerated uses wil permitted with a use permit on propert zoned C-M within the Webster Street Business Area. Conditionally Permitted Uses 1. Outdoor amusements 2. Dwellng unts 3. Boat sales and service 4. Car washing establishments 5. Machinery sales , service and rentals 6. Columbarums and crematoriums 7. Convenience stores 8. Workllivestudios 9. Uses regulated by Use Permit in the C-2Distrct. Section 9.All other regulations existing in Alameda Municipal Code Sections 30- and 30-10 which are not related to the types of permitted or conditionally permitted uses of propert shall remain in full effect on all propert within the Park Street and Webster Street Business Areas. Section 10.An analysis which examines appropriate land use controls and other strategies to address the establishment or expansion of, and appropriate location for, the Park Street and Webster Street Business Areas is hereby authorized andwil be completed within nine months. Section 11 . The public safety, health and general welfare will be furthered by this Emergency Ordinance. Section 12 . This Ordinance wil be effective immediately upon its adoption by the City Council pursuant to Section 3-12 of the City Charer, and shall apply to any type of use not enumerated in sections 5 or 6 above (for propert zoned C-2) and sections 7 and 8 above (for property zoned C-M), where no City building, zoning or other permit is required to establish the enterprise, excluding those non-enumerated uses that were legally established prior to the effective date of this Ordinance. Notwithstanding the foregoing, this Ordinance shall be applicable to all expansions of activities not included insections 5 , 6 , 7 , and 8 above that are made after the effective date of this Ordinance; and (2) all applications for building, zoning, occupancy and other permits unless , prior to the effective date of this Ordinance , the applicant has received from the City all required permits , including final buildings permits for his/her project and has completed substantial construction in t:eliance thereon. Any business , that has an applicantion for ausepermit that has been deemed complete , has been heardhy the Planning Board and is under appeal to the City Council is. declared exempt from this ordinance. Section 13.This Ordinance is enacted pursuant to the City of Alameda s general police powers , Section 3-1 oftheCityCharter and Aricle XI of the California Constitution Section 14.Ifany provisions of this Ordinance or the application thereof to any person or circumstances is finally held invalid , the remainder ofthis Ordinance and the application of such provisions to other persons or circumstances shall not be affected. Section 15 The City, on a case by case basis , shall have the authority upon a showing of good cause by an applicant, to waive the moratorium imposed by ths Ordinance and to allow for the granting of permits to said applicant pursuant to the otherwise suspended and applicable zoning provisions ofthe Alameda Plang Code. Good cause shall mean a factual and evidentiar showing by the applicantthatthemoratorium, if not waived, wil deprive the applicanfofsubstantially all reasonable use of hislher propert. All such applications for waiver shall be filed with the City Planng Deparent with appropriate fee. Said applications shall be reviewed and decided by the Planning Board. Within 10 calendar days after the date of a decision by the Planng Board, and appeal from said decision may be taken to the City Council by the applicant , the permit holder, or any other interested par. In the event the last date of appeal falls on a weekend or holiday when City offces are closed, the next date such offices are open for business shall be the last date of appeal. Such appeal shall be made on a form prescribed by the Planning Board and shall be fied with the City Clerk. The appeal shall state specifically wherein it is claimed there was an error or abuse of discretion by the Board or wherein its decision is not supported by the evidence in the record. Upon receipt of the appeal , the Council shall set the date for consideration thereof. The City Clerk shall notify the Secretar ofthe Plannng Board of the receipt of said appeal and of the date set for consideration thereof; and said Secretary shall , not less than ten days prior thereto , give written notice to; the applicant , the appellant in those cases where applicant is not the appellant; adverse party or paries , or the attorney,. spokesperson , or representative of such party or paries; other interested groups and neighborhood associations who have requested notification; and to similar groups and individuals as the Secretar deems appropriate , of the date and place of the hearg on the appeal. The decision of the CityCouncilshallvoteonthe appeal within thirty (30) days after its first hearng of the appeal. Ifthe Council is unable to decide the appeal atthafIneeting, it shall appear for a vote on each regular meeting of the Councilthereafter until decided. Fees for waiver applications and associated appeals shall bethe same as those charged for Major Conditional Use Permits. Section .. To the extent this Ordinance is inconsistent with any other provisions. of the Alameda Muncipal Code or the AlamedaDevelopmentRegulations , . the more strngent regulations shall apply. . This Ordinance suspends contrar regulations. in the Alameda Muncipal Code or Development Regulations. Section 17.The City'Planng Director, orhislherdesignee , shall constre the provisions ofthisOrdinanceandtheirapplicabilityto parcular parcels , strctly. Following the procedures and requirements ofsection30-250fthe Alameda MunicipalCodean appeal may be taken to the Planing Board by any interested part, from any administrative determination or interpretation made by the City's Planng Director , or her designee , under this ordinance. The decision of the PlanningBoardmaybe appealed to the City Council pursuant to section 30-25. of the Alameda Municipal Code. Section18.Ths Ordinance shall take effect immediately upon adoption and he in full forceandeffect..asan urgency measure for the immediatepreservationofpuhlichealth safety. and welfare.. Ths Ordinance shall be of no further force and effect fortyfivedaysf:omthe date of its adoption unless further extended by subsequent Ordinance. Attest: EXHIBIT A ..-- l--rf' "'-2 M-2-G k\s . . : I IE A C H " " I ., ':,,. , ..;"' ' . f ONE FAMILY Ri . R-? TWO FAMILV , 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 18th day of April, 2000 by the following vote to wit: AYES:Councilmembers Daysog, DeWitt , Johnson, Kerr and Mayor Appezzato - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNSS , WHREOF , I have hereunto set my hand and affxed the offcial seal of said City this 19th day of April , 2000. ' ne Felsch CjW Clerk City of Alameda