Stenberg Annexation Legal Diagram Exhibit "B" W Subject Property Annexed to the City of Red Bluff VICINITY MAP "1:3:

Transcription

1 Stenberg Annexation Legal Diagram Exhibit "B" W Subject Property Annexed to the City of Red Bluff VICINITY MAP "1:3:

2 ORDINANCE NO. 991 REZONE NO. 210 AN ORDINANCE AMENDING SECTION OF THE RED BLUFF CITY CODE The City Council of the City of Red Bluff does ordain as follows: ARTICLE 3. Establishment of Districts Section 1. In accordance with Section (Zoning Ordinance) of the Municipal Code of the City of Red Bluff, the Official Zoning Map is hereby amended by the addition of Zoning Amendment No. 210 to read as follows: Zoning Amendment No. 210 (Map) Section 2. By this amendment, the properties shown on the attached diagram marked Exhibit A, totaling approximately acres are rezoned from R-1B:10 (One-Family Residential ; County of Tehama) and C-3-S-P-H:30 (County of Tehama) to R-1 (Single Family Residential) and P-A (Public Agency). Section 3. This Ordinance shall be published in the manner provided in Section of the Government Code, in the Red Bluff Daily News,

3 a newspaper of general circulation printed and published in the City of Red Bluff and shall be effective 30 days after its passage. The foregoing ordinance was introduced at a regular/adjourned meeting of the Red Bluff City Council on and adopted at a _ regular/adjourned meeting on, 2008 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT OR NOT VOTING: ATTEST: Wayne Brown, MAYOR Jo Anna Lopez, CITY CLERK APPROVED AS TO FORM: Richard Crabtree, City Attorney Attachment: Exhibit A Rezone Map Amendment Diagram

4 ATTACHMENT B CITY OF RED BLUFF PLANNING COMMISSION RESOLUTION NO RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE GENERAL PLAN AMENDMENT NO , AND REZONE NO. 210 (ORDINANCE NO. 991), AND (CC RESOLUTION NO ) WHEREAS, on November 10, 2008 an application was filed by Mr. Robert Stenberg for a General Plan Amendment , Pre/Rezone No. 210 (Ord. 991) of Land including associated parcels, which total acres for LAFCO to Annex (APN S) ,14,18,19,20 and 31,210-1 thru 58 into the City; and,: WHEREAS, the City of Red Bluff, California did complete the necessary studies thereon, as provided by law; and, WHEREAS, the City of Red Bluff has reviewed the General Plan Land Use Map Amendment and Pre/Rezoning of the Zoning Map requests for the Project; and, WHEREAS, the Project does consist of approximately acres that will be before LAFCO for Annexation into the City Limits; and,

5 WHEREAS, the territory proposed to be annexed is recommended by the Planning Commission to City Council for their acceptance by the City of Red Bluff City Council under the condition stated in City Council Resolution No (See attached CC Resolution No ) for LAFCO to adopt, and a description of the boundaries of the territory is set forth in Legal Description Exhibit A and Legal Diagram Exhibit B attached hereto and by this reference incorporated herein; and, WHEREAS, the Project site has a General Plan land use designation of C (Commercial) on acres; and, WHEREAS, the Project site is zoned R1-B:10 (One-Family Residential; County of Tehama) on approximately 25 acres, C-3-S-PH:30 (County of Tehama) on a 1.42 acre portion and C-3-S-PH:30 (County of Tehama) on another acre portion; and, WHEREAS, the Project requires a General Plan Amendment to change the land use designations of acres from C (Commercial) to 25 Acres of R-L (Residential Low Density) and another 1.42 portion to R-L (Residential Low Density), while the remaining lands of acres is to be changed to P-S (Public Service) under the General Plan; and,

6 WHEREAS, the Project requires a Pre/Rezoning of the Zoning Map to Pre/Rezone the R1-B:10 (One- Family Residential; County of Tehama) on approximately 25 acres to R-1 (Single Family Residential), along with C-3-S-PH:30 (County of Tehama) on a 1.42 acre portion to R-1 (Single Family Residential) also and the remaining acres of C-3-S-PH:30 to P-A (Public Agency), thereby zoning said properties on the Zoning Map; and, WHEREAS, the Planning Commission has found that Rezone No. 210, and General Plan Amendment as depicted in the attached Legal Diagrams do generally conform to the General Plan and Zoning Code; and, NOW THEREFORE BE IT RESOLVED, that the Planning Commission recommends as follows: Adopt the Findings (1-5); and, 1. None of the conditions listed in CEQA Guidelines Sections (a) through (d) will exists with regard to this project. 2. The Project is Exempt as provided in Section15162 of the CEQA Guidelines.

7 3. None of the conditions listed in Government Code Sections (a) through (g) will exist with regard to this project. 4. This project will conform to the City s General Plan, Zoning Regulations, Land Division Standards, the Subdivision Map Act, and other local and state regulations, standards and policies. That public necessity and convenience and the general welfare require rezoning the zoning map. 5. The proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city. Regarding the General Plan Land Use Map Amendment That the City Council approve the General Plan Land Use Map Amendment (GPA ); and Regarding the Rezoning of the Zoning Map That the City Council approve the Rezoning of the Zoning Map (REZ-210) by adopting Ordinance No. 991; and, Regarding LAFCo Annexation Action

8 That The City Council adopt City Council Resolution No accepting LAFCO as the Conducting authority to approve the acre Stenberg Annexation of said properties into the City Limits based on LAFCO adoption. The foregoing resolution was passed and adopted at a regular adjourned meeting of the Red Bluff Planning Commission held on December 9, 2008 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT OR NOT VOTING: Commissioners: Scot Timboe, Planning Director Attachments: General Plan Amendment No Diagram Rezone No. 210 Ord. 991 with Diagram City Council Resolution No

9 December 9, 2008 Honorable Chairman and Members of the Planning Commission Red Bluff, CA SUBJECT: PUBLIC HEARING TO CONSIDER; GENERAL PLAN AMENDMENT COMMERCIAL TO RESIDENTIAL LOW DENSITY AND PUBLIC SERVICE; PREZONE/REZONE NO. 210 (ORD. 991) FOR R-1 SINGLE-FAMILY RESIDENTIAL AND PUBLIC AGENCY FOR STENBERG ANNEXATION AT LAFCO (CC RESOLUTION NO ); PLANNING COMMISSION RESOLUTION NO ; APN: ; LUTHER RD. AIRPORT BLVD.; STENBERG ENT. (APPLICANT) PUBLIC HEARING This is a public hearing. Notices were sent out to be published, posted and mailed to surrounding property owners located within 300 feet, on November 28, 2008.

10 BACKGROUND Stenberg Ent., owns approximately 58 lots outside the City of Limits which currently receives City Water/Sewer and connect to internal Residential streets through Acacia Street. At the time the subdivision was proposed City staff thought the subdivision should be annexed into the City limits to receive services. However, at the time a policy did not exist regarding City services and mandatory annexation, and therefore the subdivision was developed in the County (See attached Vicinity Map marked A ). Staff has verified through the County Public Works Department that all roads and right of way are to City specification. Do to the location of the proposed lands three lots south of Luther would be included in the application to LAFCO along with the City of Red Bluff22.37 acres lot north of the Red Bluff Airport Runway, which staff has requested to be included in this application as the City will save moneys by not paying taxes on the City lands once in the City Limits. The application to the City by Mr. Stenberg includes Mr. Stenbergs 58 Lots, three residential lots on south side of Luther Rd. and the City of Red Bluff Lot located on the southeast corner of Paskenta/Luther Rd., which total approximately acres.

11 PROJECT DESCRIPTION The proposal is to Pre-zone/Rezone No. 210 and General Plan Land Use Map No Amendment that will include Acres and associated parcels; ( thru 58) 25 Acres Map are proposed for Residential Low Density purposes (R-1- Single Family Zoning and R-L Residential Low Density General Plan) along with effected parcels (APN s ,14,18 &19) 1.42 Acres, where as Parcel No Acres will be (Rez 210) Pre-Zoned/Rezoned and General Plan Map Amended (GPA ) to (P-A Public Agency Zoning and P-S Public Services General Plan Designation). GENERAL PLAN This project will be consistent with all Elements of the General Plan if the Pre/Rezone No. 210 and General Plan Amendment are approved. REZONING The proposed project includes a request for a Rezoning of the Zoning Map that will include Pre/Rezone the R1-B:10 (One-Family Residential; County of Tehama) on approximately 25 acres to R-1 (Single Family Residential), along with C-3-S-PH:30 (County of Tehama) on a 1.42 acre portion to R-1 (Single Family Residential) also and the remaining acres of C-3-S-PH:30 to P-A (Public Agency),

12 thereby zoning said properties on the Zoning Map (See the Ordinance No. 991 with Rezone Diagram attached to Planning Commission Resolution No ). The area of this proposed project is currently not included the City s Zoning Map due to the jurisdictional boundary, as unincorporated property. The current state of the lands are vacant or entitled with some development that meets City and County standards. GENERAL PLAN AMENDMENT The proposed project includes a request for a General Plan Amendment of the that will include Pre/General Planning the C (Commercial) on approximately 25 acres to R-L (Residential Low Density), along with C (Commercial) on a 1.42 acre portion; tree lots southside of Luther Road to R-L (Residential Low Density) also and the remaining acres of C (Commercial to P-S (Public Service), thereby General Plan Amending said properties on the Land Use Map (See General Plan Land Use Diagram attached to Planning Commission Resolution No ). The current state of the lands are vacant or entitled with some development that meets City and County standards. CEQA In accordance with the California Environmental Quality Act (CEQA) an Initial Study and Mitigated Negative Declaration was prepared previously on all

13 lands and therefore, Per CEQA Guidelines No Subsequent Mitigated Negative Deceleration shall be prepared and is therefore exempt. STAFF RECOMMENDATION That the Planning Commission: 1. Conduct the Public Hearing. 2. Consider all public testimony and all other information relating to this project submitted to the Commission. 3. Adopt Resolution No (Attachment B) with the findings and recommending to the City Council approval of the General Plan Land Use Map Amendment (GPA ) and, the Rezoning of the Zoning Map (REZ-210) by adopting Ordinance No. 991 and, that the City Council adopt City Council Resolution No accepting LAFCO as the Conducting authority to approve the acre Stenberg Annexation of said properties into the City Limits based on LAFCO adoption. Respectfully submitted, Scot Timboe Planning Direcotr Attachments: A. Vicinity Map

14 B. Planning Commission Resolution No with General Plan Amendment No Diagram, Rezone No. 210 Ord. 991 with Diagram, City Council Resolution No cc: Robert Stenberg, Fisher Rd., Red Bluff, CA 96080

15 STENBERG ANNEXATION LEGAL DESCRIPTION EXHIBIT A All that certain real property in the unincorporated area, County of Tehama, State of California, Described as follows: BEGINNING at a point from which the Southeastern corner of Lot 001 of Meadow Brook Estate Subdivision , as the same is shown on the map filed in the Tehama County Recorder s Office, July 28, 2006 in Book AA of Maps at Page 217, thence West 111 feet more or less along the southerly line of Lot 001 of said subdivision; thence North feet more or less along the westerly line of Lots 001,002,003,004,005,006,007 of said subdivision, and the westerly line of Parcel A Per said subdivision; thence Northeasterly 1, more or less along the northerly line of Parcel A Per said subdivision, 30 foot access easement, and the northerly line of Lot 017 of said subdivision; thence South 1, feet more or less to the middle of Luther Road and the City of Red Bluff City Limits along the easterly line of Lots 017,018,019,020, Acacia Street Right of Way, 021,022,023,024,025,026,027, 028 of said subdivision continuing to the middle of Luther Road on bearing N E; thence bears westerly N W 590 feet more or less along the middle of Luther Road Right of Way and City of Red Bluff City Limits Per said subdivision; thence Southerly bearing S E 300 feet more or less; thence Westerly bearing S W

16 270 more or less to the western Right of Way line of Airport Blvd; thence Southerly bearing N E feet more or less; thence Westerly bearing N W 1, feet more or less; thence Northerly bearing N E feet more or less; thence Easterly bearing N , feet more or less; thence at a right angles South 100 feet more or less; thence at a right angles East 380 feet; thence at a right angles North bearing N E feet more or less to the point of beginning.

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