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HomeMy WebLinkAboutOrdinance 232 CERTIFICATION I, LEE RABOIN, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 232 adopted by the Atascadero City Council at a regular meeting thereof held on October 22, 1991 and that it has been duly published pursuant to State Law. DATED: November 22 1991 LEL RABOIN City Clerk City of Atascadero, California ORDINANCE NO. 232 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO AMENDING THE OFFICIAL ZONING ORDINANCE RELATIVE TO THE ALLOWED HEIGHT OF FENCES, HEDGES AND WALLS LOCATED WITHIN REQUIRED FRONT YARD SETBACK AREAS AND SIDE YARD SETBACK AREAS WHERE THE SIDE YARD LIES ADJACENT TO A STREET WHEREAS, the proposed zoning text amendment proposes standards that are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq of the California Government Code concerning zoning regulations; and WHEREAS, the City Council has approved a request submitted by an interested and concerned member of the community to initiate the subject text amendment; and WHEREAS, the proposed amendment does not have a potential to result in a significant adverse effect on the environment and is exempt from the requirements of the California Environmental Quality Act (CEQA) ; and WHEREAS, the Atascadero Planning Commission held a public hearing on September 3, 1991 and has recommended that the proposed amendment be incorporated into the City Zoning Ordinance. NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1. Council Findings. 1. The proposal is consistent with the General Plan, and compatible with the stated purpose of the Zoning Ordinance. 2. The proposal will not result in any significant adverse environmental impacts. Section 2. Ordinance Text. The Zoning Ordinance is hereby amended by the addition of language shown on Exhibit A attached hereto and made a part hereof by reference. Ordinance No. 232 Page 2 Section 3. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. On motion by Councilperson Nimmo and seconded by Councilperson Borgeson, the foregoing ordinance is hereby adopted in its entirety on the following roll call vote: AYES: Councilmembers Lilley, Borgeson, Nimmo and Mayor Shiers NOES: None ABSENT: Councilman Dexter ADOPTED: October 22, 1991 CITY OF ATASCADERO ATTE c : c By: (J - / J T-- .uPJ? Aiden F. Shiers, Mayor LEE RABOINr dity Clerk APPROVED AS TO FORM: ART MON TAN150CityNhtfornev PREPARED BY: HENRY ENGEN Commul4ty Development Director Ordinance No. 232 Exhibit "A" Section 9-4.104(b) of the City of Atascadero Zoning Ordinance is amended to read as follows (NOTE: text shown underlined is added; no text has been deleted) : " (b) Fences, hedges or walls three feet or less in height, when located in a required front setback. "l Allowed Adjustment: The exemption for fences, hedges or walls in the front setback that do not exceed three feet in height may be expanded, pursuant to Section 9-1.112 (Adjustment) . to include fences, hedges or walls up to five (5) feet in height, provided the following findings are made in the affirmative by the Community Development Director: Pillars, posts, or other supporting portions of the fence do not exceed a height of six (6) feet; and -(.Lij Sight-obscuring portions of the fence exceeding six (6) inches in width do not exceed two (2) feet in width and are separated from each other by at least sixteen ( 16) feet: and (iii) At least 80% visibility will be retained through portions of the fence that exceed three (3) feet in height; and Ljyj The fence is architecturally compatible with existing structures on the property and consistent in character and appearance with other fences and structures in the neighborhood; and �v The fence will not impair safe sight distance for vehicular traffic nor result in any other Potential adverse impact on human health and safety. "