HomeMy WebLinkAboutOrdinance 413 CERTIFICATION
I, Marcia McClure Torgerson, City Clerk of the City of Atascadero, hereby certify that the
foregoing is a true and correct original of Ordinance No. 413 adopted by the Atascadero City
Council at a regular meeting thereof held on March 23, 2003, and that it has been duly published
pursuant to State Law.
DATED: Ll—
M-A4,&�- Y4 CC-A4,� I Z) 1179r,
Marcia McClure Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 413
URGENCY ORDINANCE OF
THE CITY OF ATASCADERO PERTAINING TO
THE DEFINITION OF AUTO DEALER
PREAMBLE.Purpose and Intent
The City Council finds that the conduct of auto dealers operating without a conditional use
permit has created a public nuisance in the City of Atascadero. Such sales create sign code
violations, multiple municipal code violations and encourage the creation of blight. All of this
activity adversely affects the health and welfare of the citizens of Atascadero. The City Council
also finds that the adoption of this urgency ordinance and a permanent ordinance to the same
effect will promote appropriately located commercial and industrial activities and preserve and
strengthen the City's economic base. The City recognizes a compelling interest in preserving the
safety of the community generally and providing a higher degree of protection for its citizens
from the effects of such activities when not conducted in conformance with a conditional use
permit.
NOW THEREFORE, the City Council of the City of Atascadero does ordain that sections of
the Atascadero Municipal Code are added to read as follows:
Section One:
The definition of"Auto Dealers" in 9-3.701 is changed to read as follows:
Auto Dealers (New and Used) and Supplies. Retail and wholesale trade establishments selling
new and used automobiles and light trucks, motorcycles and mopeds. Also includes
establishments selling new parts and accessories within a building ,for the above. Does not
include establishments dealing exclusively in used parts. Includes automobile repair shops only
when maintained by establishment engaged in the sale of vehicles on the same site. Does not
include "service stations," which are separately defined.
Section Two:
Severability.
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any
reason deemed or held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this ordinance.
The City Council of the City of Atascadero hereby declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective
of the fact any one or more sections, subsections, sentences, clauses, phrases or other portions
might subsequently be declared invalid or unconstitutional.
The foregoing urgency ordinance was approved and adopted at a meeting of the City
Council held on March 25, 2003,by the following vote:
City of Atascadero
Ordinance No.413
Page 2 of 2
AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay
NOES: None
ABSTAIN: None
ABSENT: None
ADOPTED: March 23, 2003
CITY OF ATASCADERO
ATTEST:
Marcia McClure Torgerson, Cit Clerk er y L. Cl Sr., Mayor
APPROVED AS TO FORM:
4*6, 1&-
Roy . Hanley, City Atto ey