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west alameda.com
alameda point revitalization initiative
(a) This Initiative may only be amended or repealed in the following
circumstances:
(1) By a majority vote of the voters at a subsequent City election;
(2) Upon written application to the City Council by the Developer or
Significant Landowner, so long as such proposed amendment or
other change:
A. Does not eliminate or reduce the Developer's obligation to fund,
or cause to be funded, the public benefits described in Exhibit 4
of the Development Agreement, pursuant to the terms thereof;
and
B. Does not increase the maximum number of residential units or
the maximum amount of non-residential building square footage
permitted by the Alameda Point Specific Plan;
(3) If federal, state, or regional laws, regulations, policies, orders or
decisions including, without limitation, those actions of the United
States Government, the Department of the Navy, the United States
Environmental Protection Agency, United States Fish and Wildlife
Service, the California Department of Toxic Substances Control, the
San Francisco Bay Regional Water Quality Control Board,
California State Lands Commission, and California's State Historic
Preservation Officer, operate to frustrate the purposes and intent
of this Initiative, regardless of whether the City is the implementing
entity, the Developer or the Significant Landowner may submit,
notwithstanding Section 14(a)(2) of this Initiative, and the City shall
consider, an amendment or other change to this Initiative to
achieve, as much as is reasonably feasible, the original purposes
and intent of the Initiative;
(4) On and after the thirtieth (30'" anniversary of the effective date of
this Initiative, this Initiative may be amended or repealed by any
procedure authorized by state and local law, subject to the terms
of any applicable development agreement entered pursuant to
Government Code Section 65864 et. seq.
(b) For purposes of paragraph (a)(2) of this Section 14, (i) a "Developer"
is the nongovernmental party to a Development Agreement adopted
pursuant to Section 8 of this Initiative or otherwise adopted by a
Significant Landowner pursuant to Section 65864 et seq. of the
California Government Code and (ii) a "Significant Landowner" is a
person, other than a governmental entity or agency thereof, who owns,
leases or has a right or option to purchase or lease a significant portion
of the real property more particularly described in Exhibit 1 and
depicted on Exhibit 2 of the Development Agreement.
(c) If amendments or other changes to this Initiative are permitted
pursuant to this Section 14, then the person making application for such
modifications shall do so in accordance with the state and local laws
applicable to the particular land use regulation that is the subject of the
proposed amendment or other change, subject to the terms of the
Development Agreement adopted pursuant to Section 8 of this Initiative.
circumstances:
(1) By a majority vote of the voters at a subsequent City election;
(2) Upon written application to the City Council by the Developer or
Significant Landowner, so long as such proposed amendment or
other change:
A. Does not eliminate or reduce the Developer's obligation to fund,
or cause to be funded, the public benefits described in Exhibit 4
of the Development Agreement, pursuant to the terms thereof;
and
B. Does not increase the maximum number of residential units or
the maximum amount of non-residential building square footage
permitted by the Alameda Point Specific Plan;
(3) If federal, state, or regional laws, regulations, policies, orders or
decisions including, without limitation, those actions of the United
States Government, the Department of the Navy, the United States
Environmental Protection Agency, United States Fish and Wildlife
Service, the California Department of Toxic Substances Control, the
San Francisco Bay Regional Water Quality Control Board,
California State Lands Commission, and California's State Historic
Preservation Officer, operate to frustrate the purposes and intent
of this Initiative, regardless of whether the City is the implementing
entity, the Developer or the Significant Landowner may submit,
notwithstanding Section 14(a)(2) of this Initiative, and the City shall
consider, an amendment or other change to this Initiative to
achieve, as much as is reasonably feasible, the original purposes
and intent of the Initiative;
(4) On and after the thirtieth (30'" anniversary of the effective date of
this Initiative, this Initiative may be amended or repealed by any
procedure authorized by state and local law, subject to the terms
of any applicable development agreement entered pursuant to
Government Code Section 65864 et. seq.
(b) For purposes of paragraph (a)(2) of this Section 14, (i) a "Developer"
is the nongovernmental party to a Development Agreement adopted
pursuant to Section 8 of this Initiative or otherwise adopted by a
Significant Landowner pursuant to Section 65864 et seq. of the
California Government Code and (ii) a "Significant Landowner" is a
person, other than a governmental entity or agency thereof, who owns,
leases or has a right or option to purchase or lease a significant portion
of the real property more particularly described in Exhibit 1 and
depicted on Exhibit 2 of the Development Agreement.
(c) If amendments or other changes to this Initiative are permitted
pursuant to this Section 14, then the person making application for such
modifications shall do so in accordance with the state and local laws
applicable to the particular land use regulation that is the subject of the
proposed amendment or other change, subject to the terms of the
Development Agreement adopted pursuant to Section 8 of this Initiative.
SECTION 14. Amendment.
alameda point initiative
section 01 title
section 02 findings
section 03 purpose
section 04 charter
section 05 general plan
section 06 specific plan
section 07 zoning map
section 08 agreement
section 09 conflicts
section 10 consistency
section 11 effective date
section 12 implement
section 13 conveyance
section 14 amendment
section 15 severability
section 01 title
section 02 findings
section 03 purpose
section 04 charter
section 05 general plan
section 06 specific plan
section 07 zoning map
section 08 agreement
section 09 conflicts
section 10 consistency
section 11 effective date
section 12 implement
section 13 conveyance
section 14 amendment
section 15 severability