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Blue Lake Rancheria Ordinances

Received: 2003

Resolution 95-08

ORDINANCE No. 89-02

LAND USE, BLUE LAKE RANCHERIA
HUMBOLDT COUNTY, CALIFORNIA


SUBJECT: Rules to govern the use of land within the exterior boundaries of the Blue Lake Rancheria.
WHEREAS: The Constitution of the Blue Lake Rancheria, as approved on March 22, 1989, provides for in Article V, Section 4 the power to the Business Council to enact laws for the welfare, health and safety of the members of the Blue Lake Rancheria,

NOW, THEREFORE, BE IT KNOWN, that the Business Council of the Blue Lake Rancheria hereby ordains as follows:


SECTION 1: PURPOSE

It is the purpose of this Ordinance to provide proper control of all lands within the exterior boundaries of the Blue Lake Rancheria by establishing standards and procedures so as to conserve, protect, and develop tribal lands and resources in a qualitative manner so as to promote and safeguard the interests of the Tribe.


SECTION II: STANDARDS

Standards are designed to protect the health and safety of Rancheria Tribal members and enhance development of resources on the Rancheria. The standards to be applies are as follows:

1. The Business Council will be responsible for the environmental quality of the soil, air, aesthetics, and water.

(a) Aesthetics (Sign Control/Signage): Construction design plans and proposed signs will be considered by the Business Council as part of the review process.

(b) Water, Soil, and Air Quality: A continuing monitoring program will be undertaken in cooperation with health authorities.

2. Uses, besides residential, shall be reviewed, approved/disapproved by action of the Business Council.


SECTION III: PROCEDURES

1. Residential Construction - The Business Council will review the plans for residential construction on a case by case basis. After the review process, the Business Council will determine whether or not to issue a use permit.

2. Economic Development - The Business Council will designate & committee to review projects on a case by case basis and make recommendations to the Business Council as to whether a use permit will be issued.


SECTION IV: LAND ASSIGNMENT

Article V, Section 6 (g) of the Blue Lake Rancheria Tribal Constitution authorizes the Business Council to regulate by ordinance, the use and development of all Tribal lands, whether assigned or unassigned, and to manage, lease or otherwise use all unassigned Tribal lands in accordance with applicable law.


SECTION V: ZONING

Zoning will provide control by the Tribe of where various activities will be located. The entire Rancheria will be zoned for various land uses as follows.

SFR Single-Family Residential

MFR Multiple Family Residential

COB Commercial and Office/Business

AGR Agricultural

All of the Rancheria except for portions of Parcel 9 & 10 are within the 500 and 100 Flood Plain of the Mad River.


SECTION VI: ENFORCEMENT

1. The Business Council will decide upon appeals for zone changes, variance, or special types of use not specifically covered by this Ordinance.

2. The Business Council will establish procedures for amendments, petitions, notices, investigations and hearings.

3. The Business Council will establish procedures for interpretation of the uses, required permits, and penalties.


SECTION VII: AMENDMENTS

This Ordinance, or any section herein, may be amended by a majority vote of the Business Council at a duly called regular or special meeting, and the amendment will become effective thirty (321) days from the amendment date.


SECTION VIII: APPEALS

Any person aggrieved by an action of the Business Council may take an appeal by filing a notice of appeal with the Tribal Office within 121 days of the action of the Business Council.

The Business Council shall consider the appeal and the record upon which the action appealed from was taken, and shall cause the matter to be set for a public hearing.

If the Business Council causes the matter to be set for a public hearing, notice of the hearing shall be given by publication in the general public notice manner.

Within 60 days of the filing of the notice of appeal, the Business Council shall render its decision on the matter. Failure of the Business Council to render its decision on the matter within 60 days of the filing of the notice of appeal shall be deemed to be a denial of the appeal and an affirmation of the previous action.

The decision of the Business Council upon an appeal is final and conclusive as to all things involved in the matter, noting that the General Council can take action in accordance with Article V, Section 3. (c)


CERTIFICATION

We, the undersigned, as duly elected officers of the Blue Lake Rancheria Business Council, do hereby certify that the foregoing ordinance was enacted by the Business Council members of the Blue Lake Rancheria at a duly called Business Council meeting, at which a quorum was present, on December 17, 1989 by a vote of 5 for, with 0 against, and 0 abstaining, and that this ordinance has not been rescinded or amended in any way.

_____________/s/__________________
Chairperson
___12-17-89___
Date
_____________/s/__________________
Secretary / Treasurer
___12-17-89___
Date

[Digitizer's Note: A copy of the map "Blue Lake Rancheria Land Use Zoning" is included in the physical copy of this document, but it is not reproduced here. For assistance accessing this map, contact the National Indian Law Library.


Resolution of the Blue Lake Rancheria
No. 95 - 08


SUBJECT: Formal approval of the Business Council to adopt the Humboldt Counties Building Codes, and the National Building Codes (Building, Plumbing, Mechanical, and Electrical) for the New Rehabilitation, and New Construction. Also, Formal approval of the Business Council to adopt the 24 CFR 882.109 Housing Quality Standards and the 24 CFR Part 39 Cost-effective Energy Conservation and Effectiveness Standards.
WHEREAS: The Rancheria Constitution has been approved by the Assistant Secretary of the Indian Affairs on March 22, 1989, authorizing full governmental powers to the duly elected Business Council; and
WHEREAS: The blue Lake Rancheria will engage in new construction. The tribe strives to maintain a safe, sanitary> and efficient constructed unit. We will hold all contractors to these codes and regulations.

NOW THEREFORE BE IT RESOLVED, THAT

The Blue Lake Rancheria Business Council has formally reviewed and adopted the 24 CFR 882.109 and 24 CFR Part 39 also the Humboldt county and National Building codes as their construction policy's.


CERTIFICATION

As the chairperson of the Business Council for the Blue Lake Rancheria, I hereby certify that the Business Council adopted this resolution by about of 4 for, with 0 against, with 0 abstaining, with 1 absent.

Date:__March 8, 1995__ ___________/s/__________
Business Council Chairperson
Attested: ___________/s/__________
Tribal Office Secretary


95 - 638 ARLA EXPLAINED THAT THE 638 SHOULD HAVE BEEN IN BY PAGE 2 OF THE 10-9-94 MINUTES


SEPTEMBER . WE HAVE HAD A REQUEST IN WITH THE BIA DATED MAY 16 FOR A MEETING THERE HAS BEEN NO RESPONSE SHE CALLED THE BIA LAST WEEK AND WAS ABLE TO SPEAK WITH ANGELA BUTTERFIELD , ANGELA ASSURED HER WE WEREN'T LATE AND THAT WE WOULD BE THE FIRST ON THE LIST FOR THE BIA TO VISIT. AFTER SPEAKING WITH ANGELA MR. AKINS PHONED AND ALSO ASSURED HER THAT ALL WAS INDEED WELL AND WE WOULD MEET SOON. AREA WILL FOLLOW UP ON THE CALL NEXT WEEK AND GET A FIRM COMMITMENT FROM THE BIA.

95-TRAINING AREA SUBMITTED A LIST OF TRAINING THAT WOULD BE NEEDED FOR NEXT YEAR FOR THE STAFF . THE COUNCIL REVIEWED THE LIST AND DIANE MADE A MOTION TO APPROVE THE LIST OF TRAINING. ART SECONDED THE MOTION THE MOTION PASSED.

LAND ORDNANCE. ARLA INFORMED THE COUNCIL THAT ARE PARCEL WERE THE BINGO IS TO BE BUILT IN ZONED AS AG LAND AND THAT WE NEED TO CHANGE THE ZONING IN THAT AREA AS COMMERCIAL. ART MADE THE MOTION TO REZONE THE AREA THE MOTION WAS SECOND BY CLAUDIA THE MOTION PASSED.

OLD BUSINESS:
GAMING UPDATE, THE MANAGEMENT AGREEMENT IS BEING REVISED AND THEY ARE READY TO GO. WE STILL HAVE TO GET THE LAND INTO TRUST.

COMMENTS:
NONE

THE MEETING WAS ADJOURNED AT 10:45

NEXT SCHEDULE MEETING WILL BE JANUARY 8, 1995 AT 10 A.M.

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