HomeMy WebLinkAbout1972-08-15; City Council; 9327; CMC 20.20 adds - Parcel splits. T
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ORD I NANCE NO. 9327
AN ORDINANCE OF THE CITY OF CARLSBAD AMENDING ORDINANCE NO. 9050, TITLE 20, ''SUBDIVISIONSJB OF THE CITY OF CARLSBAD MUNlC I PAL CODE REGARD ING
PARCEL SPLITS, AND DECLARING THE URGENCY OF THIS
ORDINANCE .
Section 20.04.040 Advisory Aqency Desiqnated is amended to
read ............. "except for Parcel Splits, for which the City
Engineer is hereby so designated and for which he is hereby
authorized to report directly to the Subdivider as authorized in
Section 11552 of the Subdivision Map Act.
Chapter 20.20 is repealed. The following Chapter is hereby
added to read as follows:
Chapter 20.20
Parcel Spl its
20.20.010 Permission. When an owner or Subdivider desires
to consolidate, to divide, and/or rearrange one or more existing
lots, or parcels, into not more than four parcels, or as otherwise
provided by sections 11535, 11575-80, and other applicable
provisions of the Subdivision Map Act, it shall be done in the
following manner.
20.20.020 Tentative Parcel Map. An acceptable tentative
Parcel Map, showing the proposed land division, shall be prepared
by a registered civil engineer or licensed land surveyor, and
filed with the City Engineer. The map shall be of a size and form
and shall contain necessary information as prescribed by the City
Eng neer. A preliminary title report for the property being split
sha 1 be submitted at the time of filing.
20.20.030 Improvements and Dedication.
a) Except as hereinafter provided, the owner or subdivider
shall offer for dedication additional streets, alleys, and
public ways and easements, as are required for conformance
with the City's circulation element and the existing or
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projected local street system.
b] As a condition precedent to the approval of a Parcel Map,
the owner or subdivider shall agree to construct improve-
ments in or along the parcel frontage upon all existing or
proposed pub1 ic streets and ways as reasonably required
for subdivisions. A final Parcel Map may not be approved
by the City Engineer until the required improvements have
been satisfactorily constructed of until an adequate
security, as approved by the City Attorney and in an amount
determined by the City Engineer for the estimated cost of
the work, has been posted with the City.
c) Extraordinary conditions may make construction of certain
improvements impracticable. In extreme circumstances, the
City may grant conditional exception to be made only upon
written statement of the owner, citing the extraordinary
or extreme circumstances and shall be granted only by the
City Council, subject to such conditions as they may
impose.
20.20.040 Consideration by Planninq Commission. If the
proposed division of land does not comply with the required minimum
lot area or lot width as set forth in Title 21 of this code, or is
otherwise contrary to the Subdivision Map Act, or this Title, or
to established resolutions and policies of the Planning Commission
or City Council, or for any other reason which the City Engineer
deems would be in the best interests of the City, the City Engineer
may refer the map to the Planning Commission for processing in the
manner prescribed for subdivisions.
20.20.050 Final Parcel Map.
a) Upon completion of requirements for the tentative Parcel
Map and improvements, the owner or subdivider may proceed
with the processing of a final Parcel Map of the land
division. The Map shall be of a size and form prescribed
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by the City Engineer, shall comply with the provisions of
blue line prints to the City Engineer for filing.
20.20.060: Building Permits Prohibition. The Building Depart-
ment shall not issue permits for the erection of any structures upon
lots or parcels not complying with this ordinance.
20.20.070: Dedication of land for recreational facilities.
The owner or subdivider shall comply with Chapter 20.28 of this
code for each new parcel created in excess of the number of
original parcels.
20.20.080: Appeal to the City Council. When the applicant is
dissatisfied with any action of the City Engineer with respect to
the tentative Parcel Map or the kind, nature, and extent of the
improvements required, he may appeal to the City Council as provided
in Section 1152 of the Subdivision Map Act.
There have been recent changes in the Subdivision Map Act
requiring that a tentative map or ?arcel Map shall be submitted
to the governing body or advisory agency for approval where any
parcel or parcels of land is divided into four or less parcels,
and also where there are divisions of land which are not considered
a subdivision as that term is defined in the Subdivision Map Act.
sections 11575-80 of the Subdivision Map Act, shall be
based upon a field survey showing monuments found and set,
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and shall include other data as required by the City.
Because of these recent statutory changes, it is necessary for
this Ordinance to be passed immediately.
EFFECTIVE DATE: This Ordinance shall be effective immediately
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I 511 b) Upon approval of the final Parcel Map by the City Engineer,
the owner's or subdividers' engineer or land surveyor
shall file the map with the County Recorder. He shall pay
I the recording fee and return an acceptable reproducible,
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duplicate copy of the recorded map on Linen tracing cloth
or polyester base film; one cloth back print and seven (7)