Title
Final Passage of Ordinance Amending the Alameda Municipal by Amending Section 30-4.25(D).III.B Related to Setbacks for Side Street Property Lines on Corner Parcels
Body
CITY OF ALAMEDA ORDINANCE No. ___
New Series
AMENDING the ALAMEDA MUNICIPAL by Amending Section 30-4.25(D).iii.b related to setbacks for side street property lines on corner parcels
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. General Plan implementing policy 2.5.v states that the Main Street Business District should be designed with attractive street frontages that are pleasant for pedestrians with entrances and storefront windows directly on the street, wherever possible. Allowing special consideration for increased street side setbacks will allow for pedestrian oriented plazas and courtyards as an alternative to non-retail uses deemed suitable for the site through the issuance of a conditional use permit.
2. The amendments will support the general welfare of the community. The proposed zoning text amendment will not negatively affect the general welfare of the community. The amendments provide equal opportunities for different types of uses in the Park Street shopping district.
3. The amendments are equitable. The proposed zoning amendment is equitable in that it provides comparable development standards and review process for all projects within the North Park Street Gateway sub-district.
SECTION 1. Section 30-4.25(d) Subsection iii.b. Development Regulations of the Alameda Municipal Code is hereby amended to read as follows (underlined text is new text to be added):
Side Street on Corner Parcels. Within the Gateway sub-district, buildings shall be built to the side street right-of-way line for a minimum distance of twenty (20′) feet from the corner. Portions of the building beyond twenty (20′) feet may be set back up to fifteen (15′) feet for outdoor seating or other non-automobile related public spaces. A setback greater than fifteen (15’) may be approved with a Design Review application, if a finding can be made that the greater setback is needed to create pedestrian-oriented courtyards, plazas, and seating areas that will benefit the public pedestrian experience.
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. 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.
Section 4. CEQA. The proposed amendments are categorically exempt from CEQA pursuant to CEQA Guidelines Section 15305 Minor Alterations in Land Use Limitations. The proposed amendments amend the review process for Design Review and do not increase the intensity or density of use that would be permitted on property in Alameda.
_____________________________
Presiding Officer of the City Council
Attest:
____________________
Lara Weisiger, City Clerk
* * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in 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:
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Janet C. Kern, City Attorney
City of Alameda