Ordinance 3047CITY OF ALAMEDA ORDINANCE No. 3047
New Series
AMENDING SECTIONS 30 -4.9A OF THE ALAMEDA MUNICIPAL CODE
RELATED TO THE C -C, COMMUNITY COMMERCIAL ZONE
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
zoning text amendments are necessary to ensure that appropriate uses
can be permitted or conditionally permitted within the main street
commercial areas of Alameda. The proposed amendments support the
vital mixed use, pedestrian oriented shopping districts that are envisioned
in the General Plan.
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 both the Webster Street and Park Street
shopping districts.
3. The amendments are equitable. The proposed zoning amendment is
equitable in that it provides comparable lists of uses and development
standards for both the Webster Street and Park Street shopping districts.
SECTION 1. Section 30 -4.9A subsection b. Uses Permitted of the Alameda
Municipal Code is hereby amended to add "Massage Businesses located above
the ground floor" to the list of permitted uses after "Luggage Stores ": "
SECTION 2. Section 30 -4.9A subsection c. Uses Requiring Use Permits of the
Alameda Municipal Code is hereby amended to:
a. Add "Massage Businesses located on the ground floor" to the list of uses
requiring use permits.
b. Strike: (jj) Tattoo Parlors on the e - • e e e • - - e - _ - _ _
District.
SECTION 3: Sec 30 -9 Adult Entertainment Activity, subsection 9.2 Definitions
shall be amended as follows:
Adult entertainment activity shall mean an adult book store, adult motion
picture theater, peep show, mac.sagc parlor, adult cabaret, pool or billiard
establishment, amusement hall or fortune- telling establishment.
SECTION 4: Sec 30 -9.6 Discontinuance of Nonconforming Adult Entertainment
Activity shall be amended as follows:
Within one (1) year after the effective date of this section* all
nonconforming adult book stores, adult motion picture theaters, peep
shows, ma°sage parlors and cabarets shall be discontinued or made to
conform, except that such activities may continue for up to an additional
two (2) years upon the granting of a conditional use permit pursuant to
subsection 30 -21.3 of this article, except that the Planning Board must
find, in lieu of the requirements of subsection 30 -21.3, that the use, if
conditioned, would not create a public nuisance and that the activity is
either obligated by written lease of the premises exceeding one (1) year of
the effective date of this section,* or that the activity involves investment of
money in leasehold or other improvements such that a longer period is
necessary to prevent undue financial hardship.
SECTION 5. 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 6. 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 7. 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 ity Council
Attest:
Lara Weisiger, pity Clerk
City of Alamed
I, the undersigned, hereby certify that the foregoing Ordinance was duly
and regularly adopted and passed by the City Council of the City of Alameda in a
Regular Meeting of the Alameda City Council on the 6th day of June, 2012 by the
following vote to wit:
AYES: Councilmembers Bonta, deHaan, Johnson, Tam and
Mayor Gilmore — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 7th day of June, 2012.
c)5
Lara Weisiger ty Clerk
City of Alameda