HomeMy WebLinkAboutOrdinance 452 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 452, adopted by the
Atascadero City Council at a regular meeting thereof held on May 25, 2004, and that it has been
duly published pursuant to State Law.
DATED: Wa4uk) )�Dq&C—/-OUP
Marcia McClure Torgerson, C. . .
City Clerk
City of Atascadero,California
ORDINANCE NO. 452
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA,APPROVING ZONE CHANGE 2003-0077,
AMENDING MUNICIPAL CODE SECTION 9-6.163(e), TO ALLOW
INDOOR AUTO AND VEHICLE DISPLAY/SALES ON SITES LESS THAN
ONE-ACRE.
(ATASCADERO REDEVELOPMENT AGENCY)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the Atascadero Community
Redevelopment Agency (6905 El Camino Real, Suite 6, Atascadero, CA 93422), to consider a
project consisting of a zone text change to code section 9-6.163; and,
WHEREAS, the City of Atascadero's 2025 General Plan incorporated a series of Smart
Growth goals that include efficient use and reuse of existing lands and for more compact,
pedestrian scaled development through intensification of commercially designated land uses;
and,
WHEREAS, the General Plan contains Policies and Programs under General Plan to
provide a sound economic base to sustain the City's unique character by establishing a range of
employment and business opportunities and generate sufficient revenue to support adequate
levels of public services, and environment, social and educational quality and to retain and
expand existing businesses and attract new businesses to improve the availability of goods and
services; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on April 20, 2004, studied and considered the proposed zone text
amendment; and,
WHEREAS, the Planning Commission and City Council have determined that it is in the
best interest of the City to update the Zoning Ordinance to allow auto and vehicle dealers-indoor
display only on property with less than one acre where permitted; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA)have been adhered to; and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on May 11, 2004,
studied and considered Zone Change 2003-0077;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1.Findings of Environmental Exemption
City of Atascadero
Ordinance No.452
Page 2 of 3
1. The proposed project has been analyzed adequately in the 2002 General Plan EIR
pursuant to applicable standards and impacts have been avoided or mitigated pursuant
to that EIR.
SECTION 2.Findings for Approval of Zone Text Change
1. The zone change is consistent with General Plan policies and all other applicable
ordinances and policies of the City.
2. Amendment of the zoning ordinance will provide for the orderly and efficient use of
lands where such development standards are applicable.
3. The zone change will not, in itself, result in significant environmental impacts.
SECTION 3. Zone Text Change.
The City Zoning Ordinance Title 9 is hereby amended as follows (underlined and
bolded):
9-6.163 Auto and Vehicle Dealerships
Vehicle dealerships are subject to the following standards. Auto parts stores are not
subject to these standards when conducted entirely within a building.
(a) Limitations on Use. Vehicle dealerships are limited to new and used automobiles, light
trucks, and motorcycles (including mopeds). Such new vehicle dealerships are allowed
provided all vehicles for sale are stored, displayed and serviced entirely on the site.
(b)Access. From a collector, arterial or freeway frontage road.
(c) Setbacks. A minimum ten (10) foot landscaped setback with trees, low shrubs and
groundcover shall be required from all street frontage property lines.
(d) Outdoor Use. The outdoor display or storage shall be limited to new and used
automobiles in operable condition.
(e) Minimum Lot Size. The minimum lot size for auto and vehicle dealerships shall be one
(1) acre (net). Smaller lots may be approved by the Planning Commission for motorcycle
or moped dealers or indoor auto and vehicle display/sales dealerships only.
(f) Site Surfacing. Auto dealer display lots shall be surfaced with concrete or A.C. paving.
All vehicle drive areas, service areas and customer parking areas are to be paved with
concrete, asphalt or masonry paving units, including vertically oriented concrete block
with the block cells planted with grass. Crushed rock will be allowed for vehicle storage
areas on the rear half of the lot that are not accessible to the general public.
(g) Landscaping and Screening. Paved areas of display lots shall provide landscape
planters with trees on at least five percent (5%) of the lot area. Along U.S. 101 a ten (10)
foot landscape treatment with decorative fencing shall be provided as a buffer between
the highway and sales lot. All service and storage areas shall be screened from public
views.
(h) Street Frontage Fencing. Fencing along street frontages shall be limited to decorative
wrought iron, wood rail or other alternative fencing subject to staff review not to exceed
three (3) feet in height and located three (3) feet behind the sidewalk in the landscape
planter. Chain link fencing not permitted. (Ord. 364 § 2 (part), Exh. C (part), 1999: Ord.
68§ 9-6.163, 1983)
SECTION 4. Approval.The Atascadero City Council, in a regular session assembled on
May 25, 2004 resolved to approve on second reading an ordinance that would rezone the subject
site consistent with the following:
City of Atascadero
Ordinance No.452
Page 3 of 3
1. Exhibit A: Zone Change Map
SECTION 5. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, shall be published twice: at least five days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and;
before the expiration of fifteen (15) days after its final passage in the Atascadero News, a
newspaper published and circulated in the City of Atascadero. A copy of the full text of this
ordinance shall be on file in the City Clerk's office on and after the date following introduction
and passage and shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on May 11, 2004, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on May 25,
2004, by the following roll call vote:
AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna
NOES: None
ABSTAIN: None
ABSENT: None
CITY F ATASCAD
By: 41,
Dr. Gorge Luna, Mayor
ATTEST:
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Marcia McClure Torgerson, C.M.C., Ci#C # Clerk
APPROVED AS TO FORM:
1
Roy anley, City Att rney