Ordinance 3355 CITY OF ALAMEDA ORDINANCE NO. 3355
New Series
AMENDING THE ZONING MAP FOR THE APPROXIMATELY 2,280-
SQUARE-FOOT PROPERTY AT 1715 LINCOLN AVENUE (APN 72-
299-11) FROM C-1, NEIGHBORHOOD BUSINESS DISTRICT, TO R-
5, RESIDENTIAL DISTRICT, IN CONFORMANCE WITH THE
PROPERTY'S GENERAL PLAN LAND USE DESIGNATION OF
MEDIUM-DENSITY RESIDENTIAL, AS RECOMMENDED BY THE
PLANNING BOARD
WHEREAS, an application was made on May 23, 2023, by Nick Portolese for
Portman Enterprises, LLC requesting approval for conformance rezoning PLN23-0210
to amend the zoning map for the approximately 2,280 square foot property at 1715
Lincoln Avenue (APN 72-299-11) from C-1, Neighborhood Business District, to R-5,
Residential District; and
WHEREAS, the C-1 Zoning District is intended to provide retail shopping and
service facilities via ground floor commercial storefronts; and
WHEREAS, the Alameda 2040 General Plan Land Use Diagram changed the
designation for the property from Neighborhood Business to Medium-Density
Residential; and
WHEREAS, the C-1 Zoning is not consistent with the General Plan designation
for Medium-Density Residential; and
WHEREAS, the existing structure on the property was originally built as a single-
family home and is not well suited to meet modern building codes for a retail storefront,
including significant accessibility issues; and
WHEREAS, the Housing Element of the General Plan calls for permitting 5,353
housing units between 2023 and 2031; and
WHEREAS, amending the Zoning Map to rezone the property at 1715 Lincoln
Avenue from C-1, Neighborhood Business District to R-5, Residential District will
facilitate reinvestment in the property and restore one unit of housing and bring the
zoning into General Plan conformance; and
WHEREAS, the Planning Board approved Planning Board Resolution No. PB-23-
15 on July 24, 2023 which recommended that the City Council amend the City of
Alameda Zoning Map to rezone the approximately 2,280 square foot property at 1715
Lincoln Avenue (APN 72-299-11) from C-1, Neighborhood Business District, To R-5,
Residential District.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Alameda that:
Section 1. Findings. The City Council makes the following findings:
1. The amendment relates favorably to and maintains the integrity of the
General Plan. The proposed rezoning ensures consistency between the General
Plan and the Alameda Zoning Map. The zoning designation for this property, C-1,
Neighborhood Business District, is not consistent with the General Plan
designation of Medium-Density Residential. Amending the Zoning Map to R-5,
Residential District is consistent with the General Plan designation of Medium-
Density Residential.
2. The amendments will support the general welfare of the community. The
proposed rezoning is consistent with the prior residential use of the site, and will
support the general welfare of the community by enabling significant
reinvestment into the property and adding a housing unit to Alameda's housing
inventory.
3. The amendments are equitable. The proposed rezoning is equitable in that it is
consistent with the General Plan, the City Charter and other City documents.
The map amendment is a conformance rezoning to change the C-1,
Neighborhood Business District zoning to R-5, Residential District.
4. California Environmental Quality Act. The City Council finds that, based on
substantial evidence in the record, the potential environmental impacts of the
project have been evaluated and disclosed pursuant to CEQA. On November
30, 2021, by Resolution No. 15841, the City Council certified a Final
Environmental Impact Report for the Alameda 2040 General Plan (State
Clearinghouse No. 2021030563) in compliance with CEQA, and adopted written
findings, a Statement of Overriding Considerations, and a Mitigation Monitoring
and Reporting Program for the General Plan Amendment to update the Alameda
General Plan (General Plan EIR). Pursuant to CEQA Guidelines sections 15162
and 15163, none of the circumstances necessitating further CEQA review are
present with respect to the General Plan EIR. Approval of the project would not
require major revisions to the General Plan EIR due to new significant impacts or
due to a substantial increase in the severity of the significant environmental
effects. There have been no substantial changes with respect to the
circumstances under which the project would be undertaken that would require
major revisions of the General Plan EIR due to new or substantially increased
significant environmental effects. Further, there has been no discovery of new
information of substantial importance that would trigger or require major revisions
to the General Plan EIR due to new or substantially increased significant
environmental effects. For these reasons, no further environmental review is
required.
Section 2. The Citywide Zoning Map shall be amended to change the zoning
designation for the approximately 2,280 square foot property at 1715 Lincoln Avenue
identified as APN 72-299-11 from C-1, Neighborhood Business District, to R-5,
Residential District.
Section 3. Severability 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 provision of this ordinance.
Section 4. Effective Date. 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 5. Authority. This ordinance is enacted pursuant to the City of Alameda's
general police powers, Section 1-2 of the Charter of the City of Alameda, and Article XI
of the California Constitution.
Presiding Officer of�the"Council
Attest:
Lara Weisiger, 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 at a regular
meeting assembled on this 3rd day of October 2023 by the following vote to wit:
AYES: Councilmembers Daysog, Herrera Spencer, Jensen, Vella
and Mayor Ezzy Ashcraft— 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this 4th day of October 2023.
Lara Weisiger, city `Clerk
City of Alameda
APPROVED AS TO FORM:
t
Yibin Shen, City Attorney
City of Alameda