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HomeMy WebLinkAboutOrdinance 331 CERTIFICATION I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 331 adopted by the Atascadero City Council at a regular meeting thereof held on August 12, 1997 and that it has been duly published pursuant to State Law. DATED: —1 I Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 331 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING CHAPTER 2 OF TITLE 11 (SUBDIVISION ORDINANCE) DELEGATING TO THE PLANNING COMMISSION THE AUTHORITY TO APPROVE, CONDITIONALLY APPROVE, OR DISAPPROVE TENTATIVE TRACT AND PARCEL MAPS WHEREAS, the Atascadero City Council is desirous of delegating authority to approve, conditionally approve, or disapprove tentative tract and parcel maps to the Planning Commission; and WHEREAS, the proposed Subdivision Ordinance amendment is consistent with Section 65100 et seq. of the California Government Code regarding the creation and functions of planning commissions; and WHEREAS, the proposed amendment is consistent with Section 2-1. 07 , of the Atascadero Municipal Code concerning the powers, duties, and functions of the Planning Commission; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1. Council Findings. 1. The proposal is consistent with the provisions and requirements of the California Government Code, the State Subdivision Map Act and the Atascadero Municipal Code. 2 . The proposal will not result in any significant adverse environmental impacts. Section 2 . Subdivision Ordinance Text. The Subdivision Ordinance text is hereby amended by the addition of the language shown on the attached Exhibit A. ORDINANCE NO. 331 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 Councilmember Carden and seconded by Councilmember Clay, the foregoing Ordinance is approved by the following role call vote: AYES: Councilmembers Carden, Clay and Mayor Johnson NOES: Councilmembers Lerno and Luna ABSENT: None DATE ADOPTED: August 12, 1997 By. RAY JOPSQN, Ma or ATTEST: MARCIA M. TORGERSON, Utty Clerk APPOVED AS TO FORM: ROYHANLE , Ci y Attorney PRE ABED BY: TEVEN L. DeCAMP, Kcting Director Community Development Department Ordinance No. 331 EXHIBIT A Chapter 2 of Title 11 (Subdivision Ordinance) is hereby amended as follows: 11-4.110 Planning Commission action on tentative tract map Within fifty days of the filing thereof, the Planning Commission shall, after a hearing and consideration of the tentative tract map, accompanying reports of applicant and staff, and public testimony, approve, conditionally approve, or disapprove the map. , and ege t its deeissdns . The approval or conditional approval of any tentative tract map shall not constitute an approval of any exception or deviation from any zoning regulations of the City nor shall it be deemed as an approval to proceed with any development in violation of any applicable provision of law. 11-4.111Geanell aetien en tentative traet Within thirty days e€ its reeeipt e€ the Planning �ammiss}em's �e��; disappEese the tentative }r-a t FRap if the map-ifi-disa��e�red, the ends-fee disappfeval shall bead.. NOTE: Language to be deleted shown as sty kethia h type. Language to be added shown as bold type