Red Bluff
CA

Ordinance
1051

City of Red Bluff Municipal Code Amendment; Chapter 20: Subdivisions. Tentative Map Extensions of Time and Parcel Map Requirements

Information

Department:Community DevelopmentSponsors:
Category:Adopt

Attachments

  1. Printout
  2. Attachment A (This file has not yet been converted to a viewable format)
  3. Attachment B (This file has not yet been converted to a viewable format)
  4. Attachment C PC_Staff Report (This file has not yet been converted to a viewable format)
  5. Attachment D_Ordinance (This file has not yet been converted to a viewable format)

Body

ORDINANCE AMENDING THE RED BLUFF MUNICIPAL CODE TO: 1) TO REVISE THE CODE CHAPTER 20 SUBDIVISIONS TO INCREASE THE EXTENSION OF TIME FOR TENTATIVE MAPS TO A POTENTIAL TWO CONSECUTIVE TWO-YEAR EXTENSIONS; 2) MAKE MINOR REVISIONS TO CHAPTER 20 SUBDIVISIONS TO COMPLY WITH STATE LAW; 3) MAKE APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATIONS

WHEREAS, the City of Red Bluff, California did complete the necessary studies thereon, as provided by law, and;

WHEREAS, the City Council of the City of Red Bluff, California considered the Amendment to the Municipal Code and the recommendation of the Planning Commission at a regular meeting of the City Council held on January 15, 2019; and

WHEREAS, the Planning Commission of the City of Red Bluff, California held a duly noticed Public Hearing to consider the matter on August 28, 2018, as provided by law; and

WHEREAS, the Planning Commission has found and recommends to the City Council that Chapter 25 Article IV of the City Code allow for amendment to the City Code; and

WHEREAS, Government Code Section 66452.6 allows an extension of a tentative map of up to a total of six years; and

WHEREAS, the Technical Advisory Committee determined that two consecutive two-year extensions, resulting in a total extension time of four years, would provide better control for the City and allow for varying market conditions; and

WHEREAS, under Chapter 20 Article I: GENERAL PROVISIONS Section 20.2 the definition of “Parcel Divisions” is hereby amended to comply with state law; and

WHEREAS, Section 20.4 SPECIFIC PROCEDURES FOR SUBDIVISIONS is hereby amended to allow for two consecutive two-year extensions for tentative subdivision maps; and

WHEREAS, Section 20.5 SPECIFIC PROCEDURES FOR PARCEL DIVISIONS was amended to allow for two consecutive two-year extensions for tentative parcel maps; and

WHEREAS, Section 20.6 SPECIFIC PROCEDURES FOR MINOR DIVISIONS was amended to comply with state law; and

WHEREAS, The Planning Commission determined that the proposed Municipal Code Amendment is exempt from CEQA under Section 15061(b)(3), known as the “General Rule” as the Commission finds that it can be seen with certainty that there is no possibility that the proposed revisions to the City of Red Bluff Municipal Code would have a significant effect on the environment.

THE CITY COUNCIL OF THE CITY OF RED BLUFF DOES ORDAIN AS FOLLOWS:

 

Section 1. The City Council finds and determines the foregoing recitals to be true and correct and an integral part of the City Council’s decision, and hereby adopts such recitals as findings.

Section 2. The City Council finds and determines the adoption of this Ordinance is categorically exempt pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility that the proposed revisions to the City of Red Bluff Municipal Code would have a significant effect on the environment, and therefore the proposed revision is not subject to CEQA.

Section 3. Chapter 20 of the Red Bluff Municipal Code is hereby amended pursuant to Exhibit A attached hereto and incorporated by reference herein. Additions to Chapter 25 of the Red Bluff Municipal Code are shown as underline and omissions are shown as strikethrough.

Section 4. This Ordinance shall be effective 30 days from the date of final passage by the City Council, but shall not apply to (a) building/construction related permits already issued and not yet expired, or (b) zoning applications approved by the City and not yet expired, or (c) zoning applications deemed complete by the City as of the date of final passage.

Section 5. Nothing in this Ordinance shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

Section 6. If any section, subsection, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional, the offending portion shall be severed and shall not affect the validity of the remaining portions which shall remain in full effect.

Section 7. This Ordinance serves the public interest and is necessary to protect the health, safety and/or general welfare of the citizens of Red Bluff and is enacted pursuant to the City of Red Bluff's general police powers, Government Code Section 65852.2, and Article XI, Sections 5 and 7 of the California Constitution.

Section 8. The City Council hereby authorizes the City Attorney or designee to make non-substantive, technical conforming changes (essentially correction of typographical and clerical errors) prior to formal publication of the amendments in the Red Bluff Municipal Code.

Section 9. The Community Development Director of the City of Red Bluff is hereby directed to transmit this Ordinance with Exhibits to the Department of Housing and Community Development within 60 days of adoption.

 

 

Meeting History

Jan 15, 2019 6:00 PM Audio City Council Regular Meeting

Scott Friend, Community Development Director, gave the staff's recommendations that the City Council conduct the public hearing, introduce and waive the first reading of proposed Ordinance No.1051 amending the Red Bluff Municipal Code to increase the length of time for Tentative Map extensions from the current one-year with a possible maximum of two-year extension to; two-years with a possible four-year maximum extension.

Mayor Pro Tem Jenkins asked if the deadlines were not met in the past.

Mr. Friend stated that it has not been an issue in the past.

Councilmember Eyestone asked if this will be a permanent extension.

Mr. Friend stated that this would be a permanent extension and they do not have any maps still active.

Councilmember Eyestone asked if they could get the Planning Commission minutes for review in the future.

Mr. Friend stated that they have not been approved yet but he could provide the draft minutes.

Mayor Pro Tem Jenkins opened the Public Hearing at 6:35 p.m., and there being no comments, the public hearing was closed at 6:35 p.m.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Clay Parker, Council Member
SECONDER:Kris Deiters, Council Member
AYES:Amanda Jenkins, Clay Parker, Daniele Eyestone, Kris Deiters
ABSENT:Gary Jones