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HomeMy WebLinkAboutOrdinance 106 ORDINANCE NO. 106 AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING TITLE 9, ZONING REGULATIONS, BY DELETING SUBSECTION 9-4.156 (a) (4) AND (5) OF THE ATASCADERO MUNICIPAL CODE RELATIVE TO EXEMPTING TREE REMOVAL FROM PERMIT REQUIREMENTS WHEN REMOVED FOR AGRICULTURAL PURPOSES. WHEREAS, the City' s adopted General Plan has as a stated purpose "the preservation of natural flora and fauna" ; and WHEREAS, the City's Zoning Ordinance, under Section 9-4.155, 9-4. 156, and 9-4.157 does provide stringent standards for tree removal to implement community goals; and WHEREAS, there is evidence of abuse of the provisions of the Zoning Regulations with respect to tree removal for agricultural pur- poses as evidenced by testimony at the Planning Agency public meeting of April 15, 1985. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposed Zoning Ordinance text amendment proposes stand- ards consistent with the General Plan as required by Section 65860 of the California Government Code. 2. The proposed code amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations. 3. The proposed amendment will not have a significant adverse effect upon the environment, and the preparation of an Envir- onmental Impact Report is not necessary. `Section 2. Zoning Text Change Zoning Ordinance text `amendment is approved to change the text as follows: 1. Delete the following Subsections 9-4.156 (a) (4) and (5) : " (4) To be removed in preparation for agricultural cultiva- tion and crop production;" or " (5) To be removed as part of management practice in orchards of commercial agricultural production. " �\q Section 3. Urgency Declaration. This ordinance is hereby declared to be urgently required for the immediate preservation of the public peace, health, and safety. Its adoption is necessary to protect the trees growing within the City. It shall take effect immediately upon adoption. The foregoing ordinance was introduced on April 22 , 1985 and adopted at a regular meeting of the City Council held on April 22, 1985 AYES: Councilwoman Mackey and Norris; Councilman Handshy and Mayor Nelson. NOES: Councilman Molina ABSENT: None lam', ROLFE N L ON, Mayor ATT ROBERT M. JONES, City Clerk APPROVED AS TO CONTENT: W ikt� — MICHAEL SHELTO , City Manager APPROVED AS TO FO ALLEN GRIMES, City Attorney `AO