Loading...
HomeMy WebLinkAboutOrdinance 633ORDINANCE NO. 633 IAN ORDINANCE OF THE CITY COUNCIL OF THE j I CITY OF ATASCADERO, CALIFORNIA, AMENDING SECTION 11-4.23 OF THE ATASCADERO MUNICIPAL CODE (CPP19-0080) WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact amendments to Title 11 Subdivision of the Municipal Code for consistency with the General Plan and to maintain a clear and legible set of map regulations that is easily interpreted by the public and staff; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on November 19, 2019, studied and considered the proposed amendments; and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of the amendments; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Title 11 Ij amendment application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said text amendments. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The City Council of the City of Atascadero, at a Public Hearing held on January 14, 2020, considered the proposed text amendments. SECTION 3. CEQA. The proposed Title 4 amendment is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 4. Approval. The City Council of the City of Atascadero, in a regular session assembled on January 14, 2020, resolved to introduce for second reading by title only, an Ordinance that would amend Title 1 I of the City of Atascadero Municipal Code as follows: AMC 11-4.23 I (a) The Planning Commission may extend the time for filing the final map for a period or periods not exceeding a total of six (6) years or as provided by Section 66452.6 and/or Section 66463.5 of the Subdivision Map Act Filing. City of Atascadero Ordinance No. 633 Page 2 of 3 (b) Applications for extension shall be made in writing to the Community Development Department prior to the date of tentative map expiration. The first one (1) year time extension can be made by the Community Development Director. Time extensions may be granted subject to the condition that the final map shall be prepared and improvements constructed and installed in compliance with the requirements in effect at the time the request for extension is considered. The Planning Commission may also impose any other conditions which it was empowered to impose at the time of the tentative map approval, and it may revise or delete conditions. SECTION 5. Interpretation. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 6. Preservation. Repeal of any provision of the AMC or of any previous Code Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance. SECTION 7. Effect of Invalidation. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or other City Ordinance to remain in full force and effect for all purposes. SECTION 8. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 9. Notice. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Atascadero's book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 10. Effective Date. This Ordinance will take effect on the 30th day following its final passage and adoption. n INTRODUCED at a regular meeting of the City Council held on December 10, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of City of Atascadero Ordinance No. 633 Page 3 of 3 INTRODUCED at a regular meeting of the City Council held on December 10, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on January 14.2024. CITY OF ATASCADERO Heather Morena, Mayor A E *a K: hristeiise�, (� r`k e0jA-TO FORM: Brian A. Pierik, City Attorney STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 633 was duly introduced at a regular meeting held December 10, 2019 and adopted at a regular meeting of the City Council held on the 14th day of January, 2020 by the following roll call vote, to wit: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None - RA . CHRI NS N, C CLERK I hereby certify that the foregoing is the original of Ordinance No. 633 duly passed and adopted by the Atascadero City Council at their regular meeting held on January 14, 2020 and that summaries of the Ordinance were published on December 13, 2019 and January 20, 2020 in The Tribune newspaper.