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Ordinance 2979CITY OF ALAMEDA ORDINANCE NO. 2979 New Series AMENDING VARIOUS SECTIONS OF THE ALAMEDA MUNICIPAL CODE CONTAINED IN ARTICLE I (ZONING DISTRICTS AND REGULATIONS) CHAPTER XXX (DEVELOPMENT REGULATIONS) PERTAINING TO RETAIL AND COMMERCIAL USES WHEREAS , on July 17 , 2007 , the City Council directed staff to develop a big box large format. store definition and to evaluate the potential need for additional regulatory tools to control the location and operation of large retail uses; and WHEREAS , on October 22 2007 , December 10 , 2007 , January 28 , 2008and February 11 , 2008 , at publicly noticed hearings ,. the Planning Board evaluated various options for reg lating large stores; and WHEREAS , after evaluating various regulatory options and accepting public comments , the Planning Board adopted a resolution recommending that the City Council adopt proposed zoning text amendments that would include: 1) a definition of large format retail; 2) establishing a use permit requirement for large format retail in specific zoning districts; 3) enhanced permit findings to ensure compatibility with existing land uses; and 4) establishing that existing retail uses would not be classified as nonconforming solely for lack of an approved use permit; and WHEREAS , the City Council has made the following findings relative to the proposed zoning text amendments: 1. The proposed zoning amendment does not affect the integrity of the General Plan. The proposed zoning text amendment is consistent with existing General Plan policies. Additionally, prior to considering this zoning amendment , the City initiated an update of General Plan retail development policies. Based on economic studies , input from the community and various City Boards and Commissions , new andrevised city-wide retail development policies (General Plan Amendment PLN07 -0077) are being considered by the City at this time. This zoning amendment has also been considered in relation to these proposed General Plan policies. The zoning text amendment will. provide . a more effective means of implementing these General Plan policies , if adopted. 2. The proposed rezoning does not adversely affect the general welfare of the community. This zoning code amendment does not prohibit any specific type of use or allow new uses not already permitted. It does require additional review and provides an appropriate mechanism for regulating larger developments to ensure that these projects will be compatible with existing land uses and that potentially significant impacts will be avoided or mitigated to the extent feasible. 3. The proposal is equitable. This zoning code amendment does not prohibit any specific type of use or . allow new uses not already permitted. It does require additional review and provides an appropriate mechanism for regulating larger developments to ensure that these projects will be compatible with existing land uses and that potentially significant impacts will be avoided or mitigated to the extent feasible. Existing retail uses wil not be classified as nonconforming solely for lack of an approved use permit. 4. Environmental Determination The proposed zoning text amendments would not prohibit any land use currently permitted under the AMC or authorize additional land uses currently not permitted by the AMC. Consequently, the amendments do not have the potential to cause. changes to the physical environment that could result in significant adverse environmental effects within Alameda or other jurisdictions. Therefore , . the proposed zoning text amendment is. Categorically Exempt from environmental review pursuant to CEQA Guidelines Section 15305 , Minor Alterations in Land Use Limitations; Section 15061 (b)(3), Review for Exemption; and Public Resources Code Section 21065 , Project Definition. BE IT ORDAINED by the City Council of Alameda that: Section 1.The Alameda Municipal Code is hereby amended by adding the following definition to Section 30-2 (Definitions): Section 30-Large Format Retail: A single stand-alone store or collection of retail uses , developed and or. managed within a single building or shopping center which individually or cumulatively include over 30 000 square feet of retail sales floor area. Section 2.The Alameda Municipal Code is hereby.. amended by adding to Section 30-c (C-Neighborhood Business District , Uses Requiring Use Permits) new Subsection 10 as follows: Section 30-10 Large .Format Retail including conversion of existing multiple. retail tenant spaces to a single tenant space larger than 30 000 square feet (if part of a planned development no use permit.is required). Section 3.The Alameda Municipal Code is hereby amended by adding to Section 30-c (C-2 Central Business District , Uses Requiring Use Permits) new Subsection 16 as follows: Section 30-16 Large Format Retail including conversion of existing multiple retail tenant. spaces to a single tenant space larger than 30 000 square feet (if part of a planned development no use permit is required). Section 4.The Alameda Municipal. Code is hereby amended by adding Large Format Retail to Section 30-9A.c.1 (C':C Community Commercial , Uses Requiring Use Permits). Large Format Retail wil replace Laundry and Cleaning Establishments as Subsection 30-1 (gg) .as shown below. Laundry and cleaning establishments will become Subsection (hh) and all subsequent uses , listed alphabetically, will be relabeled sequentially. 30-9A.1 (gg) Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger. than 30 000 . square feet (if part of a planned development no use permit is required). Section 5.The Alameda Municipal Code is hereby amended by adding to Section 30-10.c. (C-M Commercial-Manufacturing, Uses Requiring Use Permits) new Subsection 15 as follows: 30-10.15 Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 000 square feet (if part of a planned development , no use permit is required). Section 6.The Alameda Municipal Code is hereby amended by adding to Section 30-10.c (C-M Commercial-Manufacturing, Uses Requiring Use Permits) new Subsection 15 as follows: 30-10.c .15 Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 30 000 square feet (ifpart ofa planned development no use permit is required). Section 7.The Alameda Municipal Code is hereby amended by adding to Section 30-11.c. (M-Intermediate Industrial District , Uses Requiring Use Permits) new Subsection 14as follows: 30-11.14 Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 000 square feet (if part of a planned development , no use permit is required). Section 8.The Alameda Municipal Code is hereby amended by adding to Section 30-12.c. (M-2 General Industrial District, Uses Requiring Use Permits) new Subsection 19 as follows: Section 30-12.19Large Format Retail including conversion of existing multiple retail tenant spaces to a single tenant space larger than 30 000 square feet (if part of a planned development no use permit is required). Section 9.The Alameda Municipal Code is hereby amended by modifying Section 30-21., Use Permit Standards. New textis underlined. Section 30-21. 1. The location of the proposed use is compatible with other land uses in the general neighborhood area , and the proiect desiqn and size is architecturally, . aesthetically, . and operationally harmonious with the community and surroundinq development. 2. The proposed use will be .served by adequate transportation and service facilities includinq pedestrian, bicycle, and transit facilities. 3. The proposed use , ifit complies with all conditions upon which approval is made contingent , will not adversely affect other property in the vicinity and will not have substantial deleterious effects on existinq business districts or the local economy. 4. The proposed use relates favorably to the General Plan. Section 10.The Alameda Municipal Code is hereby amended by modifying Section 30-13., Planned Development Combining District , Statement of Purpose. Deleted text is shown in strikeout and new text is underlined: 30-13.a The purpose of the Planned Development District is to provide more flexibility in the design of land uses site design development standards and types of land uses than would otherwise be allowed in the underlying zoning district; to ensure proiect compatibilty with surroundinq uses; and to ensuretnm adverse environmental effects are reduced or avoided to the maximum extent feasible. Section 11.Section 30-13., Uses Permitted in Planned Developments The Alameda Municipal Code is hereby amended by adding the following new Subsection to Section 30-13., Uses Permitted in Planned Developments: Section 30-13.d 2 (d) Large Format Retail Section 12.The Alameda Municipal Code is hereby amended by modifying Section 30-13.f., Planned Development Procedures and Standards , and adding new Subsections a and b to Section 30-13.f: 30-13.f.3 The Planning Board sA may approve a application only if it determines: th::t the development is :: more effective use of the site than is possible under the regubtions for the district '.vith 'Nhich it is combined: 30-13.f. a The development is a more effective use of the site than is possible under the regulations for which the PD districtis combined , and; 30-13.f b The project meets the requirements of AMC Section 30-21.b. Use Permit Standards , Subsections 1 , 3 , and 4. Section 13.The Alameda Municipal Code is hereby amended by modifying subsection 30-13.2(d) and adding new subsection 30- 13.2(f): 30-13.2(d) Additions to commercial or public uses which involve more than a twenty-five (25%) increase in the floor area of existing structures associated with the use The Planninq Board may place additional requirements on individual Planned Development proiects that establish specific criteria for evaluatinq the need for an amendment. These may be in addition to or may modify the standard established in this section. 30-13.2(f) Conversion of existing multiple tenant retail spaces to a single retail space greater than 30 000 square feet; unless , said conversion is allowed by the existing Planned Development approval. Section 14.The Alameda Municipal Code is hereby amended by adding new Subsection 7 to Section 30-, Nonconforming Buildings and Uses: 7. Large Format Retail Section 30-20.aExisting large format retail uses , constructed and in . use prior to March , 2008 , that are located commercial , manufacturing, Planned Development or M- zoning districts where large format retail is allowed and that comply with the development standards of the zoning district shall not be classified as nonconforming. Section 15.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. Section 16.Severabiliy Clause. It is the declared intent of the City Council of Alameda that if any section , subsection , sentence , 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 17.The above amendments shall be known as and referenced to as Reclassification and Rezoning Amendment No. to Ordinance No. 1277 , N. Attest: (A Lara Weisiger , City Cler'1 City of Alameda , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 1 st day of April , 2008 by the following vote to wit: AYES:Councilmembers deHaan , Gilmore , Matarrese , Tam and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNESS , WHEREOF , I have hereunto set my hand and affxed the offcial seal of said City this 2 day of April , 2008. Lara Weisiger , City Cler City of Alameda