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Ordinance 3057CITY OF ALAMEDA ORDINANCE No. 3057 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 development standards for both the Webster Street and Park Street shopping districts. SECTION 1. Section 30 -4.9A subsection g. Development Regulations of the Alameda Municipal Code is hereby amended to read as follows (underlined text is new text to be added; strike -out text is current text to be deleted): 5. Side Yard: No yard e - •• - •• - •• e - . - -- , however where any side lot line abuts a residential district there shall be a minimum side yard of five (5') feet. 6. Rear Yard: None, however, where the rear lot line abuts a residential district there shall be a minimum rear yard of five (5') feet. where the structurc and ground Icvcl is maintaincd. 7. Yards for Gasoline Service Stations pumping stations and automobile service facilities. (In addition to the yard requirements prescribed for the zoning districts): (a) A setback of ten (10') feet shall be maintained from property lines that abut the rear yard of a lot located in a residential district or a lot in residential use. (b) A setback of fifteen (15') feet shall be maintained from property lines that abut the side yard of a lot located in a residential district or in residential use. 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. Attest: L,Lt/rei Lara Weisiger, City Clerk City of Alameda 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 16th day of October, 2012, by the following vote to wit: AYES: Councilmembers Bonta, deHaan, Johnson, and Mayor Gilmore — 4. NOES: None. ABSENT: Councilmember Tam - 1. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of October, 2012. Lara Weisiger, City CI City of Alameda