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HomeMy WebLinkAboutOrdinance 427 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. 427 adopted by the Atascadero City Council at a regular meeting thereof held on October 14, 2003, and that it has been duly published pursuant to State Law. DATED: Marcia McClure Torgerson, C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 427 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA 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 ordinance 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, including but not limited to, 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. City of Atascadero Ordinance No.427 Page 2 of 2 Section Three: 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 September 23, 2003, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California on October 14, 2003,by the following roll call vote: AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay NOES: None ABSTAIN: None ABSENT: None ADOPTED: October 14, 2003 CITY OF ATASCADERO ATTEST: i Marcia McClure Torgerson, C.M. ., City Clerk J rry L. y. Sr., Mayor APPROVED AS TO FORM: 14 6 �" Roy . Hanley, City Attorney