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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