pages: CityCouncil/2010-04-20.pdf, 26
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CityCouncil | 2010-04-20 | 26 | for at least twenty years; the City's ordinance complies with the State and restates the law in a more user friendly way; anyone could have asked for a density bonus even if the ordinance was not in place. Mayor/Chair Johnson inquired whether anybody could have requested a density bonus under State law before the City adopted its ordinance, to which the City Attorney/Legal Counsel responded in the affirmative; stated one prior application did seek a density bonus. Mr. Faye stated specific changes were made to State law that allowed Charter cities to do things a little differently; particular changes to the Municipal Code would have rendered the Measure B election unnecessary; that he is not disputing the actual existence of a density bonus provision but the applicability to Charter cities and the way Charter cities can modify the Charter. Mayor/Chair Johnson inquired whether Mr. Faye is stating that the City had not adopted a density bonus ordinance before because the City was exempt as a Charter city. Mr. Faye responded in the negative; stated that he is not disputing that density bonus provisions were in place; the issue is what Charter cities can and cannot do under the modified State law relative to density bonuses; it goes to the Council's new ability to modify its Charter without an election of the people which was not the case in Alameda prior to the adoption of the Code in the middle of December of last year. The City Attorney/Legal Council stated State density bonus ordinances have always pre-empted [City ordinances]; Charter cities are just as bound as General Law cities. Mr. Faye stated it is the way in which the City adopted implementing State law to address the City's Charter that deals with attached housing. Mayor/Chair Johnson inquired whether Mr. Faye agrees that the State density bonus law applied in Alameda even before December. Mr. Faye responded the State density law applied; the State density law that allows Council to modify its Charter, as opposed to having an election of the people to modify the Charter, did not exist in the City until the middle of December. Councilmember/Board Member/Commissioner Matarrese stated that he does not see any difference regarding density bonus between today and October or June; inquired whether the situation is the same; further inquired whether a density bonus application today is governed by the same rule of law as six months ago, to which the City Attorney/Legal Counsel responded in the affirmative. Mayor/Chair Johnson stated Mr. Faye is saying that the City can amend its Charter Special Joint Meeting Alameda City Council, Alameda 6 Reuse and Redevelopment Authority, and Community Improvement Commission April 20, 2010 | CityCouncil/2010-04-20.pdf |