Title
PLN24-0166 - Zoning Ordinance Amendment Regarding Non-Conforming Lots, Buildings and Uses - Citywide. A proposed amendment to the Alameda Municipal Code to: 1) reinstate provisions relating to non-conforming lots that were inadvertently deleted during the most recent code update; 2) address other outdated sections relating to nonconforming uses and buildings in Alameda Municipal Code Section 30-2 Definitions, Section 30-5 General Provisions and Exceptions, and 30-20 Nonconforming Buildings and Uses, to implement the 2023-2031 Housing Element, to conform to State law, and to reflect current practice; and make a recommendation to City Council. The proposal is categorically exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3), the common sense exemption where it can be seen with certainty that the proposed zoning text amendments have no possibility of having a significant effect on the environment because they relate to legally existing uses and buildings, and a use permit would be required for expansions at which time specific impacts would be considered.
Body
To: Honorable President and Members of the Planning Board
From: Steven Buckley, Planning Services Manager and Secretary to the Board
SUMMARY
The Alameda Municipal Code (AMC) provides for the retention, modification and replacement of non-conforming buildings and uses. This is necessary because, as zoning regulations evolve, certain pre-existing buildings and uses, which were established under prior rules, become inconsistent with the new rules but may still be viable to maintain for an indefinite period of time. These uses and buildings may also need repair or expansion, or may change use over time, so the zoning code needs to provide rules for how those changes are considered in light of vested property rights and a general intent to gradually bring non-conforming uses and buildings into line with current expectations for development in the City. Staff has assembled...
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