Loading...
HomeMy WebLinkAboutReso 1990-598 - Adopting Policy Regarding Eminent Domain A RESOLUTION NO. qQ-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING ESTABLISHING AND ADOPTING A POLICY REGARDING EMINENT DOMAIN FOR OFF-SITE STREETS TO PROVIDE ACCESS TO SUBDIVISIONS. WHEREAS, the City Council of the City of Redding is charged with the responsibility of establishing municipal policies to guide the various functions of the City and, where necessary, to establish procedures by which functions are performed; and WHEREAS, regulatory policies established by the City Council are usually adopted by Ordinance and included in the Municipal Code. However, other policies are also established, which by their nature do not require adoption by Ordinance; these policy statements, adopted by Resolution of the City Council, need to be consolidated in a reference document for easy access; and WHEREAS , on August 4 , 1987 , by Resolution No. 87-261 , the City Council adopted a Council Policy Manual to achieve said objectives; and WHEREAS, City Council wishes to establish a policy regarding eminent domain for off-site streets to provide access to subdivisions, a copy of which is attached hereto and incorporated herein by reference; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows : 1 . That all of the above recitals are true and correct; 2 . That attached hereto and incorporated herein by reference is the policy statement to be incorporated in the Council Policy Manual pertaining to eminent domain for off-site streets to provide access to subdivisions. • • 3 . That the Council Policy attached hereto be and hereby is adopted as the Council Policy of the City of Redding pertaining to eminent domain for off-site streets to provide access to subdivisions. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 4th day of December, 1990 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS: Arness, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Buff um ABSTAIN: COUNCIL MEMBERS: None 7?) ' 'Llt 01);th./( - MIKE DAHL, Vice Mayor City of Redding ATTEST: y� . .76e,ea ,...e..-ec ETHEL A. NICHOLS , City Clerk FORM PPROVED: RA ALL A. HAYS , ty Attorney -2- • CITY OF REDDING, CALIFORNIA COUNCIL POLICY SUBJECT RESOLUTION POLICY EFFECTIVE PAGE NUMBER NUMBER DATE EMINENT DOMAIN FOR OFF-SITE STREETS TO PROVIDE ACCESS TO SUBDIVISIONS 1703 12-4-90 1 of 2 BACKGROUND Section 66462.5 of the Government Code basically provides that when a City requires the dedication of right-of-way in conjunction with the approval of a tentative subdivision map, it may have to use its power of eminent domain if at the time of recording of a final or parcel map the subdivider has not acquired the right-of-way. Generally, it has been the position of the City that only the City Council could exercise the power of eminent domain; however, the approval, conditional approval, and denial of tentative maps is delegated to the Planning Commission absent an appeal. Also involved are the time limits under State law for the processing of tentative subdivision maps. PURPOSE It is the purpose of this policy to clarify the role of the Planning Commission related to conditioning tentative subdivision maps for off-site dedications and improvements. POLICY The Planning Commission shall continue to review and consider subdivision requests as provided for in the City Code to implement the standards of the Subdivision Ordinance and to further the implementation of the City General Plan, zoning, or plan lines adopted by the Redding City Council. When, in the opinion of the Planning Commission, it is necessary to condition a subdivision to obtain off-site right-of-way for the safety of the traveling public, to minimize congestion, to protect the carrying capacity of arterials, to provide adequate sight distance, to maintain intersection spacing along arterials, to minimize traffic signals, or to provide paved public access to a project, the Planning Commission shall make such requirements subject to the following: 1. The dedication requirement will be consistent with the Redding General Plan, the Subdivision Ordinance, and any plan line or site-plan-review criteria adopted by ordinance of the Redding City Council. 2. The dedication requirement is necessary to accomplish one or more of the following: a. To mitigate the environmental impacts of the project as identified in any final environmental impact report. b. To achieve consistency with the Circulation Element of the General Plan and any standards, policies, or street plans contained in the document. c. The dedication requirement is necessary to ensure safe and adequate access to the project and the traveling public. d. The dedication requirement is necessary to maintain and protect the integrity of the City's arterial street system. • CR 0049 • • CITY OF REDDING, CALIFORNIA COUNCIL POLICY SUBJECT RESOLUTION POLICY EFFECTIVE PAGE NUMBER NUMBER DATE EMINENT DOMAIN FOR OFF-SITE STREETS TO PROVIDE ACCESS TO SUBDIVISIONS 1703 12-4-90 2 of 2 e. That the need for dedication requirement and resultant street improvement is caused by the project, either by itself or in conjunction with other projects in the immediate area, and that failure to make the dedication requirement will result in the City's having to spend public dollars to mitigate the access and safety aspects of the project that are the responsibility of the developer. 3. When an off-site-dedication requirement is imposed, a report of the subdivision approval and any condition of approval shall be filed with the City Council. On its own motion, the City Council may set a hearing to consider an off-site-dedication requirement imposed by the Commission at the time a report of the Commission's action is made to the City Council. If Council sets a hearing, it shall be limited to considering only the off-site requirements. If the Council does not set a hearing when the report is filed, the tentaive map will stand as approved. Any appeal by either the developer, the property owner, or an affected party shall be processed as provided for in the City Code or the Subdivision Map Act. 4. All costs to acquire right-of-way for off-site dedication shall be paid for by the subdivider. 5. At the time of recording a final or a parcel map that requires the off-site acquisition of right-of-way and the subdivider has not acquired the right-of-way, the subdivider shall post a bond, enter into an agreement, or post security in an amount estimated to pay for any improvements in the area to be acquired and to pay for the acquisition of the right-of-way. 6. If, when a final or parcel map is recorded, a legal and improved public access to the subdivision does not exist at a location(s) approved by the Planning Commission, building permits shall not be issued for development of more than one lot in the subdivision. If right-of-way has been acquired after the recording of a final or parcel map, but the off-site improvements have not been made, not more than 10 percent of the lots in the project may be issued building permits. In this event, the subdivider shall be responsible for keeping all public streets used for access to the project free and clear of mud and other debris. D:\MISC\EMDOMAIN.POL CR 0049 1 .