Ordinance 2831CITY OF ALAMEDA ORDINANCE NO. 2831
New Series
INTERIM URGENCY ORDINANCE EXTENDING A MORATORI
CERTAIN PERMITTED AN CONDITIONALLY PERMITTED USES IN C-
AN C-M ZONIG DISTRICTS WITHIN THE PAR STREET AN WEBSTER
STREET BUSINSS AREAS
WHEREAS, the City has 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 Districts 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 anumber of inquiries 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 inthe process ofdeveloping a "Downtown Visioning
Project" and Economic Development Strategic Plan and has also begun 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
WHREAS, the requirements of the Californa Environmental Quality Act of 1970 (CEQA)
have been satisfied , and in accordance with Sections 15061(b)(3), of the Californa Code of
Regulations, this project is exempt from theprovisionsofCEQA; and
WHEREAS, public notice has been given pursuant to Sections 65858(b) and 65090 ofthe
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 of the communty and its citizens and the promotion of proper land use , to within
the Park Street and Webster 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 necessar
for protecting public peace during this emergency situation. Urgent action IS needed due to:
the reasons set forth in the recital paragraphs of this 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 a more 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 furthered by the proposed moratorium;
and
WHEREAS , it is necessar to extend Ordinance No. 2829 , adopted by the City Council on
April 18 , 2000 , placing a moratorium on certain permitted and conditionally permitted used in the
2 and C-M zoning districts within the Park Street and Webstetr Street business areas.
NOW , THEREFORE , BE IT ORDAID by the Council of the 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 The requirements of the California Environmental Quality Act (CEQA)of
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 This moratorium shall remain in place until the earlier of January 18 2001
or a date a decision is rendered by the City Council to adopt permanent land use controls for the Park
Street and Webster Street Business Areas.
Section 4 The geographical limits of the Park Street Business Area within which this
ordinance shall be effective shall be those ilustrated in Exhibit 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 ofthis Ordinance , only the following enumerated uses (listed
under sections 30-8 and 30-90fthe AMC) will be permitted on propert zoned C-2 within either
the Park Street or Webster Street Business Areas.
Permitted:
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
28.
29.
30.
31.
Ar and antique shops.
Appliance stores.
Bakery shops.
Banks , savings and loan associations including drive in facilities.
Barber and beauty shops and beauty colleges.
Book stores and rental libraries (including reading rooms).
Clothing stores.
Bowling establishments.
Catering stores.
Department stores.
Furniture stores , including new and used.
Dairy product stores , excluding processing.
Drug stores , including fountain and food service.
Florist shops.
Grocery stores.
Gift and stationary shops.
Hardware stores.
Jewelry shops.
Music and dancing studios
Music stores.
Job printing shops.
Laundres and cleaning agencies , including pressing, spotting, garent repair
and alteration service.
Repair shops for shoes , radios and televisions , small domestic appliances
watches. and similar Items.
Bed and Breakfast facilities (subject to the existing regulations within the
Alameda Muncipal Code.
Newspaper publishing and printing establishments.
Paint stores.
Pet shops.
Photographic stores.
Plumbing supplies and fixtures , retail stores only.
Restaurants (excluding drve-ins)
Shoe stores.
32.
33.
34.
35.
Theaters , including movie and stage , excluding drive in.
Travel agencies.
Public buildings.
Candy stores.
Section 6 For the term of this Ordinance , only the following enumerated uses (listed
under sections 30-8 and 30-9 ofthe AMC) will be permitted with a use permit on property zoned
2 within either the Park Street or Webster Street Business Areas.
Conditionally Permitted
Offces.
Dwellng units.
Plant nurseries.
Commercial parking lots.
Those portions of groceries stores devoted to sales of alcoholic beverages.
Small upholstery shops , exclusive of refinishing and other manufacturing.
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
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
Those uses permitted within the C-2 Districts as set forth in section 5 above.
Assembly of electrcal applicances , electronic instruents and devices , radios and
phonographs , including the manufacture of small parts such as coils
condensers , transformers , crystal holders and similar items.
Bookbinding, printing and lithographing and engraving shops.
Cabinet and carpentry shops.
Caret cleaning and dyeing.
Cold storage plants including ice storage.
Dairy products processing plants , but excluding caning operations.
Diaper supply services.
Electric repair shops.
Equipment saled and service , including refugeration.
Exterminators.
Glass shops , including auto glass.
Heating and ventilation shops.
Household goods storage and moving.
Jewerly manufacturers.
Laundries and linen supply services.
Optical goods manufacturng.
Packaging establishments.
Parcel delivery services.
20.
21.
22.
23.
24.
25.
26.
27.
28.
Photographic processing, finishing and printing.
Repair shops-miscellaneous.
Research laboratories and institutions.
Sail lofts.
Scientific instument and equipment manufacturing and machine shops.
Ship chandleries.
Tool or cutlery sharpening or grinding.
Upholstery shops.
Underground or above ground public utility facilities for primarily local
service such as substations gas regulators , manned or unanned
communications equipment buildings and similar uses.
Veterinar clinics , Veterinar hospitals , animal kennels , shelters and pounds
(provided no such use will be located within 200 feet of any R use)
Warehousing and storage facilties.
Wholesale trade establishments.
29.
30.
31.
Section 8.For the term of this Ordinance , only the following enumerated uses will
permitted with a use permit on property zoned C-M within the Webster Street Business Area.
Conditionally Permitted Uses
Outdoor amusements.
Dwellng units.
Boat sales and service.
Car washing establishments.
Machinery sales , service and rentals.
Columbarums and crematoriums.
Convenience stores.
Work/live studios.
Uses regulated byUse Permit in the C-2 District.
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 exames 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 and willbe completed within nine months.
Section 11.The public safety, health and general welfare wil be furthered by this
Emergency Ordinance.
Section 12 . This Ordinance will be effective immediately upon its adoption by the City
Council pursuant to Section 3-12 of the City Charter , and shall apply to any type of use not
enumerated in sections 5 or 6 above (for property 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 in sections 5 , 6 , 7 , and 8 above that are made after the effective
date ofthis 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 fmal buildings permits for his/her project and has completed substantial
construction in reliance thereon. Any business , that has anapplicantion for a use permit that has
been deemed complete , has been heard by 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 of the City Charter and Aricle XI ofthe California Constitution
Section 14 If any 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 this Ordinance and to allow for the
granting of permits to said applicant pursuant to the otherwise suspended and applicable zoning
provisions ofthe Alameda Planng Code. Good cause shall mean a factual and evidentiar showing
by the applicant that the moratorium , if not waived, wil deprive the applicant of substantially all
reasonable use of his /her property. 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 Planning 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 eventthelast date of appeal falls on a weekend or holiday when
City offces are closed, the next date. such offces 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. Uponreceipt oftheappeal , the Council shall set the date for consideration thereof. . The City
Clerk shall notify the Secretar ofthePlanng Board ofthe 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 pary 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 Secretary deems appropriate, of the date and place of the
hearng on the appeal. The decision of the City Council shall vote on the appeal within thirty (30)
days after its first hearng ofthe appeal. If the Council is unable to decide the appeal at that meeting,
it shall appear for a vote on each regular meeting of the Council thereafter until decided. Fees for
waiver applications and associated appeals shall be the same as those charged for Major Conditional
Use Permits.
Section 16 . To the extent this Ordinance is inconsistent with any other provisions of the
Alameda Muncipal Code or the Alameda Development Regulations , the more strngent regulations
shall apply. This Ordinance suspends contrar regulations in the Alameda Municipal Code or
Development Regulations.
Section 17 . The City'Plang Director,. or his/her designee, shall constre the provisions
ofthis Ordinance and their applicability to paricular parcels , strctly.. Following the procedures and
requirements of section 30-25 of the Alameda Municipal Code an appeal may be taken to the
Planng Board by any Interested par, from any administrative determination or interpretation
made by the City's Planing Director, or her designee, under ths ordinance. The decision of the
Planing Board maybe appealed to the City Council pursuant to section 30-25 of the Alameda
Muncipal Code.
Section 18 Ths Ordinance shall takeeffectl11ediatelyupon adoptIon and be in full
force and effect as an urgency measure for the immediate preservation of public health, safety and
welfare. Ths Ordinance shall be of no fuher force and effectafter Januar 18 , 2001 unless further
extended by subsequent Qrdinance.
Attest:
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EXHIBIT A
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EXHIBIT B
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, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted
and passed by the Council of the City of Alameda in special meeting assembled on the 16th day of
May , 2000 , by the following vote to wit:
AYES:Councilmembers . Daysog, DeWitt , Johnson, Kerf 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
17th day of May,2000.
aneFelsch, City Clerk
City of Alameda