~ ORDINANCE NO. 95-08

BLUE LAKE RANCHERIA

~ ORDINANCE NO. 95-08

ORDINANCE OF THE BLUE LAKE RANCHERIA

HUMBOLDT COUNTY, STATE OF CALIFORNIA

Amendment of ordinance no 88-02 building/zoning ordinance for the lands within the

exterior boundaries if the Blue Lake Rancheria.

Authority:

Whereas: The Blue Lake Rancheria Council, on August 10, 1987, by formal resolution

no 87-06, did adopt the Constitution for the management of all tribal affairs and on

February 11, 1994 did admen and adopt the Constitution of the Blue Lake Rancheria

Whereas: article v, Section 4 grants the power to the Business council to enact laws for

the welfare , health, and safety of the Blue Lake Rancheria.

The Business Council of the Blue Lake Rancheria does ordain as follows:

Section 1: JURISDICTION

the provisions of these regulations shall apply to all Lands and all owners of lands

within the exterior boundaries areas of the Blue Lake Rancheria

Section 2: PURPOSE |

It is the purpose of this ordinance to provide opportunities for residents to own and live

in safe, decent and affordable housing on a permanent basis.

Section 3: MOBILE HOME PERMITTED

A. A mobile home shall be permitted on a individual lot as a single family dwelling unit

if the requirements of paragraph B are met.

B. Eligibility

1. the mobile home must be certified under the National Mobile Home Construction

and Safety Standards Act of 1974,

2. the mobile home must be installed on a permanent foundation system designed in

accordance with the provisions of section 18551 of the health and safety code.

C. amobile home permit fee will be charged to cover the actual cost of inspections.

Section 4: NEW CONSTRUCTION PERMITS

A. new constructions permits shall be permitted on a individual lot as a single family

dwelling unit if the requirements of paragraph B are met ,

B. Eligibility

1. new construction must conform to the Humboldt County Building Code, the National

Building code for building, plumbing, and mechanical and electrical, also must meet

CFR 24 882.109 Housing Quality Standards and 24 CFR part 39 Cost-Effective

Energy Conservation and Effectiveness Standards.

2. new construction must meet health and safety codes for waste and potable water.

SECTION 8: SET BACK REQUIREMENTS

Any single-family or mobile home newly constructed on the Blue Lake

Rancheria shall be required to adhere to the following set back requirements for such

unit:

Minimum front yard — Twenty (20) feet

Minimum side yard — Ten (10) feet

Minimum rear yard - Ten (10) feet

Maximum height - Forty (40) feet

Lot Line clearance - Ten (10) feet

SECTION 6: FLOOD PLAIN ZONING

Any new construction or mobile home placement within the identified flood plains within

the Rancheria will be required to mitigate the potential flooding by the following

requirements:

1. Finished floor plans shall be a minimum Twelve (12) inches above the flood plain

elevation.

2. Floor foundations shall be constructed in a manner to allow for drainage of

floodwater and not create a “Dam” affect.

GENERAL PROVISIONS

Height limitations and modifications: Height of buildings and structures shall be

measured vertically from the average ground level of the ground covered by the building

to the highest point of the roof, but chimneys, stacks, vents, flagpole, conventional

reception antennas, ventilation, and air-condition equipment shall be excluded in making

such measurement.

Detached accessory buildings: Shall not be located within six (6) feet of any main

building, nor so as to encroach on any easement, right of way, et cetera. Detached

accessory buildings used a guest house shall not be located within (10 ) feet of lot lines

nor within five (5) feet of any alley or driveway. Accessory buildings attached to main

buildings shall be structurally a part thereof and shall comply with main-building yard

requirements.

Flood Zone Areas: Flood plain maps are on file with Tribal Office. Any person

desiring to build a new home or locate a mobile home within the Rancheria are advised to

come to the Office to determine if the Flood Plain Zone requirements apply to them.

PERMITS

Requirements: Permits will be required for any new construction on the Rancheria. In

addition permits will be required for placing mobile homes on the Rancheria. There will

be a fee for issuing permits. Permit fees will be actual costs for inspections and house

plan certification. A deposit will be required when the permit is granted.

Permits may be granted, upon application to the Tribal Office, provided that proper

documentation is submitted with the application. Failure to provide the necessary

documentation will cause the application to be forwarded to the Business Council for

processing. Upon receiving the application a Rancheria public notice will be sent out with

a 30 day comment time.

Applications: application for a permit shall be filed at the Tribal Office Reality upon a

form provided by that office. The form shall be accompanied by such information as

may be required to describe fully the proposed use for which the permit is sought.

Applications that are forwarded to the Business Council shall be subject only to the rules

regarding the placing of matters on its agenda, the Business Council, at its next regular

meeting following the filing of the application for a permit, shall consider the application

and may, at its own discretion, cause the matter to be set for a public hearing.

If the Business Council causes the matter to be set for a public hearing, such hearing shall

be conducted within 30 days, and notice thereof shall be given, in the same manner any

public notice to the residents of the Rancheria.

Within 30 days of the commencement of the consideration of the application, or, if a

public hearing in the matter has been held, within 30 days of the conclusion of the

hearing, the Business Council shall grant or deny the issuance of the permit applied for.

The granting of any permit may be made subject to terms and conditions attached thereto

and made a part thereof. Failure of the Business Council to act within the time set out

herein shall be deemed to be a denial of the application on that date. The action of the

Business Council shall become final 10 days from the date thereof, unless an appeal has

been within that time.

COMPREHENSIVE TRIBAL LICENSE AND GOVERNMENTAL

AUTHORIZATION

BLUE LAKE RANCHERIA / CLASS Il PROJECT

The Blue Lake Rancheria, for its own benefit as owner of the Blue Lake Rancheria Class II Project

(“Project”) and for the benefit of Commerce Trust Company and their respective successors, assigns,

grantees and other interested contracting parties, hereby issues this irrevocable and comprehensive Tribal

License and governmental authorization for the Project. This license and governmental authorization shall

include all permits, licenses and other governmental authorizations required for the development, financing,

construction and operation of the Project, including, without limitation, all zoning, land use building

permit, liquor, food service, retail, gaming, tobacco licenses, permits and other governmental authorizations

now or hereafter required for or in connection with such development, financing, construction and ,

operation.

Blue Lake Rancheria

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By: A. VD tA iff AO

Tribal Chairperson

BLUE LAKE GAMING ORIDINANCE 17