Title
Final Passage of Ordinance Amending the Alameda Municipal Code by Amending Chapter 30, Section 30-4.21 E, Estuary District (Requires 3 affirmative votes) (Community Development)
Body
CITY OF ALAMEDA ORDINANCE No. __
New Series
Amending THE ALAMEDA MUNICIPAL CODE BY AMENDING Chapter 30, Section 30-4.21 E, Estuary District
BE IT ORDAINED by the City Council of the City of Alameda:
Findings:
In enacting this Section, the City Council finds as follows:
1. The amendments maintain the integrity of the General Plan. The proposed amendments to the zoning ordinance related to the use of submerged lands ensure appropriate use of submerged lands consistent with the General Plan Land Use Element and Open Space and Recreation Element policies regarding public and private use of waterways and adjacent shorelines. The proposed amendments to the E, Estuary District Zoning will permit only water-related uses within the Tidal Canal (e.g. boathouses, boat docks, etc.) and will require that all future improvement projects be subject to subsequent discretionary review and approval by the City.
2. The amendments will support the general welfare of the community. The proposed amendments ensure that these lands are used in a manner that supports the general welfare and that all future proposals for changes to the physical environment will be subject to discretionary and environmental review.
3. The amendments are equitable. The proposed amendments will apply to all private and public owners of submerged lands and ensure that all the interests of the general public are considered whenever new structures or uses are proposed on these lands.
4. The amendment to the E, Estuary District is necessary to ensure that submerged lands removed from federal ownership are limited in use to water-dependent uses, subject to subsequent discretionary review and approval by the City, as more particularly described in the revised E, Estuary District.
Section 1. Section 30-4.21 E Estuary District is hereby amended as shown in Exhibit A. (Underlined text is new text to be added):
Section 2. 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 3. CEQA. This ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby will not result in a significant impact to the environment. On June 1, 2016, the City published a Draft Initial Study/Negative Declaration (“IS/ND”) for the OIHTC Project in accordance with the California Environmental Quality Act (“CEQA”), which addresses all potential environmental impacts associated with the proposed transfer and subsequent transfers into private ownership, amendments to the E, Estuary District, and the proposed subdivision map application. On July 11, 2016, the Planning Board held a public hearing and recommended the Negative Declaration and the draft zoning amendments.
Section 4. This ordinance and the rules, regulations, provisions, requirements, orders, and matters established and adopted hereby shall take effect and be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
__________________________
Presiding Officer of the City Council
Attest:
____________________
Lara Weisiger, City Clerk
EXHIBIT A
(See Attachment)
EXHIBIT A
* * * * * *
I, 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 4th day of October, 2016, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 5th day of October, 2016.
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
______________________
Janet C. Kern, City Attorney
City of Alameda