HomeMy WebLinkAbout1975-04-01; City Council; 9417; CMC 20 adds/amends/repeals - Land subdivisions regs revised0 a
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ORDINANCE NO. 941 7
AN URGENCY ORDINANCE OF THE CITY COUNCI F THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20
OF THE MUNICIPAL CODE BY RENUMBERING CHAPTER 20.22 TO 20.36 AND CHAPTER 20.28 TO 20.44, REPEALING CHAPTERS 20.04, 20.08, 20.12, 20.16, 20.20 AND 20.24,
AND ADDING NEW CHAPTERS 20.04, 20.08, 20.12, 20.16,
20.20, 20.24, 20.28, 20.32, 20.40 AND 20.48 TO REVISE
THE REGULATIONS OF SUBDIVISIONS OF LAND IN ACCORD
WITH THE NEW SUBDIVISION MAP ACT.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 20 of the Carlsbad Municipal Code
is hereby amended by renumbering Chapter 20.22 to 20.36 and
Chapter 20.28 to 20.44, and by repealing Chapters 20.04, 20.08,
20.12, 20.16, 20.20 and 20.24.
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SECTION 2: That Title 20 of the Carlsbad Municipal Code
is hereby amended by the addition of Chapters 20.04, 20.08, 20.12,
20.16, 20.20, 20.24, 20.28, 20.32, 20.40 and 20.48 to read as
follows:
"Title 20
SUBDIVISIONS
Chapters :
20.04
20.08
20.12
20.16
20.20
20.24
20.28
20.32
20.36
20.40
20.44
20.48
General Regulations
Fees
Major Subdivisions--Procedure
Major Subdivisions--Requirements
Final Map Requirements
Minor Subdivisions --Procedure
Minor Subdivisions--Requirements
Parcel Map Requirements
Adj us tment Plats
Reversions to Acreage
Dedication of Land for Recreation Facilities
Enforcement--Penalty--Certificates of Compliance
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Sections :
20.04.010
20.04.020
20.04.030
20.04.040
20.04.050
20.04.060
20.04.070
20.04.080
20.04.090
Chapter 20.04
GENERAL REGULATIONS
Title.
Definitions.
Prohibition.
Application of Subdivision Map Act.
Extent of regulations.
Advisory agency designation. Environmental impact review.
Soil reports.
Reservations.
20.04.010 Title. This title is adopted to supplement
and implement the Subdivision Map Act and may be cited as the
'Subdivision Ordinance'.
20.04.020 Definitions. Words used herein that are de-
fined in the Subdivision Map Act but not specifically defined in
this chapter shall have the same meaning as is given to them in
said Subdivision Map Act. Whenever the following words are used
in this title, they shall have the meaning ascribed to them in thi
section:
Chapter 20.36 of this title and certified by the City Engineer
as having been approved pursuant to this title and filed in the
office of the City Engineer.
(2) 'Bicycle' means a device upon which any person may
ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement.
facilities that explicitly provide for bicycle travel by a course
which is to be traveled.
conduit and any other appurtenances thereto which distribute
television or other electronic signals.
ing a unit or contiguous units of real property and stating that
the division thereof complies with applicable provisions of the Subdivision Map Act and City Ordinances enacted pursuant thereto.
(6) 'City of Carlsbad Standards' refers to those stand-
ards and specifications, including standard drawings, as may be
adopted by resolution by the City Council from time to time.
These standards are to be on file in the office of the City Clerk
and the office of the City Engineer.
(7) 'Final map' means a map prepared pursuant to
Chapter 20.20 of this title and the Subdivision Map Act which
(1) 'Adjustment plat' means a plat prepared pursuant to
(3) 'Bicycle route' means the generic term for all
(4) 'Cable television lines' means electronic cable,
(5) 'Certificate of compliance' means a document describ-
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after approval and recordation is effective to complete the sub-
division of a major subdivision.
(8) 'Improvement' means (a) such street work and utilitie: including ornamental street lights and walkways to be installed
or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, bicycle routes and ease.
ments as are necessary for the general use of the lot owners in
the subdivision and local neighborhood traffic, drainage, flood
control, fire protection and sanitation needs as a condition prece.
dent to the approval of a parcel map or final map; (b) such other
specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private
utilities, by any other entity approved by the City Council or by
a combination thereof, is necessary or convenient to insure con-
formity to or implementation of the general plan required by
Article 5 (commencing with Section 65300) of Chapter 3 of Divi-
sion 1 of Title 7 of the Government Code, or any specific plan
adopted pursuant to Article 8 (commencing with Section 65450) of
Chapter 3 of Division 1 of Title 7 of the Government Code.
(9) 'Interior lot' means a lot which has side lot lines
approximately parallel and has frontage on only one street.
(10) 'Lot' means lot, parcel or tract of real property.
(11) 'Lot area' means the horizontal area within the
boundary lines of a lot exclusive of:
easement;
as a condition of approval of the subdivision map on which the
lot is shown, must be fenced; and
feet wide for a distance of 50 feet or more and which is designate4
or used to provide vehicular or pedestrian access to the part of
such lot which is designed for use as a building site.
more lots.
fewer lots.
scribing a unit or contiguous units of real property, naming the
owners thereof, and describing the manner in which said real
property has been divided, or has resulted from a division in
violation of the Subdivision Map Act and City ordinances enacted
pursuant thereto.
ter 20.32 of this title and the Subdivision Map Act which after
approval and recordation is effective to effect the subdivision
of a minor subdivision.
lots created by the division of an original lot or parcel which
largest lot contains a gross area equal to or greater than the
sum of the areas of the other lot or lots created but not less than 40 acres.
(a) The area of any street right-of-way or road
(b) Any flood control easement or walkway which,
(c) Any portion of the lot which is less than 35
(12) 'Major subdivision' means a subdivision of 5 or
(13) 'Minor subdivision' means a subdivision of 4 or
(14) 'Notice of violation' means a recorded document de-
(15) 'Parcel map' means a map prepared pursuant to Chap-
(16) 'Remainder parcel' means the largest of 4 or fewer
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(17) 'Street' means a state highway, county or city road
(18) 'Subdivider' means a pers,on, firm, corporation,
or street, public road, street, alley or thoroughfare.
partnership or association which proposes to divide, divides or
causes to be divided real property into a subidivision for him- self or for others.
unimproved land, shown on the latest equalized county assessment
roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall
be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. 'Subdivision' includes a condominium project, as defined in
Section 1350 of the Civil Code or a comunity apartment project, as defined in Section 11004 of the Business and Professions Code,
or the conversion of existing structures into such projects. Any
conveyance of land to a governmental agency, public entity or
public utility shall not be considered a division of land for pur-
poses of computing the number of parcels. 'Subdivision' does not
include :
offices, stores or similar space within a duplex, multiple dwell-
ing, apartment building, industrial building, commercial building,
mobilehome park or trailer park;
(19) 'Subdivision' means the division of any improved or
(a) The financing or leasing of apartments,
(b) Mineral, oil or gas leases;
(c) Land dedicated for cemetery purposes under
(20) 'Subdivision Map Act' means the Subdivision Map
the Health and Safety Code of the State of California.
Act as set forth in Division 2 of Title 7 of the Government Code
of the State of California.
(21) 'Tentative map' means a map prepared for the purpose
of showing the design of a proposed major subdivision and filed
with the Planning Commission precedent to the preparation and fil-
ing of a final map.
(22) 'Tentative parcel map' means a map prepared for the
purpose of showing the design of a proposed minor subdivision and filed with the City Engineer for approval, or conditional approval
precedent to the preparation and filing of a parcel map or prece-
dent to waiver of the requirement for a parcel map.
parallel or approximately parallel streets.
(23) 'Through lot' means a lot having frontage on two
20.04.030 Prohibition. No person shall create a subdi-
vision except in accordance with the provisions of the Subdivision
Map Act and this title.
20.04.040 Application of Subdivision Map Act. Except
as otherwise expressly provided in this title, all of the provi-
sions of the Subdivision Map Act which apply to subdivisions as defined in that act, and all of the provisions of this title
apply to subdivisions as defined in this title.
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This title shall be inapplicable to:
(1) The financing or leasing of apartments, offices, stores or similar space within a duplex, multiple dwelling, apart- ment building, industrial building, commercial building, mobile-
home park or trailer park;
(2) Mineral, oil or gas leases;
(3) Land dedicated for cemetery purposes under the Health
and Safety Code of the State of California.
20.04.050 Extent of regulations. (a) No real property,
improved or unimproved, consisting of a single unit or two or more contiguous units and owned by the same person or persons shall be divided into two or more lots, including any lot retained by the owner, except in accordance with the provisions of this title.
created, unless as part of the division the illegality is elimin-
ated. If such elimination is not possible, a notice of violation
with respect to the parcel shall be recorded. In no event shall a substitution be permitted unless the entire legal parcel is sub-
divided when the owner of any portion of the illegal parcel is the
person who owned the property at the time of the illegal subdivi-
sion.
(b) No parcel may be subdivided if it was illegally
20.04.060 Advisory agency designation. (a) The Planning
Commission is hereby designated as the advisory agency, as that
term is used in the Subdivision Map Act, for major subdivisions.
The Planning Commission may prescribe, subject to the approval of the City Council, such additional rules and regulations as are necessary or advisable with respect to the form and content of
tentative maps required by the Subdivision Map Act or this title
and the data to be furnished with such tentative maps.
agency, as that term is used in the Subdivision Map Act, for
minor subdivisions. The City Engineer may prescribe, subject to
the approval of the City Council, such additional rules and regu-
lations as are necessary or advisable with respect to the form and
content of tentative parcel maps required by this title.
(b) The City Engineer is hereby designated as the advisor:
20.04.070 Environmental impact review. All subdivisions
shall be subject to environmental review in accordance with the
provisions of Title 19 of the Carlsbad Municipal Code. In addi-
tion, every map approved pursuant to the title shall be conditione(
on compliance with the requirements for grading and erosion con- trol, including the prevention of sedimentation or damage to off-
site property, as set forth in the Municipal Code.
20.04.080 Soil reports. (a) A preliminary soils report,
prepared by a civil engineer registered in this state and based
upon adequate test borings, shall be submitted to the appropriate
official or body for every subdivision.
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(b) A preliminary soils report may be waived by the City Engineer providing the City Engineer finds that due to the knowl-
edge the City has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary.
report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to
structural defects, a soils investigation of each lot in the sub-
division may be required by the City Engineer. Such soils investi
gation shall be done by a civil engineer registered in this state,
who shall recommend the corrective action which is likely to pre-
vent structural damage to each structure proposed to be constructe
in the area where such soils problem exists.
thereof where such soils problems exist if it determines that
the recommended action is likely to prevent structural damage to
each structure to be constructed and a condition to the issuance
of any building permit may require that the approved recommended
action be incorporated in the construction of each structure.
(c) If the City has knowledge of, or the preliminary soil
The City Council may approve the subdivision or portion
20.04.090 Reservations. (a) As a condition of approval of a final or parcel map,the subdivider shall reserve sites, appropriate in area and location for parks, recreational facili- ties, fire stations, libraries or other public uses according to the procedural standards and formula contained in this section.
rary or other public facility or use is shown on an adopted specific plan or adopted general plan containing a community facilities element, recreation and parks element or a public building element, the subdivider may be required to reserve sites as so determined by the City in accordance with the definite
principles and standards contained in the above specific plan or
general plan. The reserved area must be of such size and shape
as to permit the balance of the property within which the reserva-
tion is located to develop in an orderly and efficient manner. The amount of land to be reserved shall not make development of
the remaining land held by the subdivider economically unfeasible.
The reserved area shall conform to the adopted specific plan or
general plan and shall be in such multiples of streets and par-
cels as to permit an efficient division of the reserved area in
the event that it is not acquired within the prescribed period.
(c) The public agency for whose benefit an area has been reserved shall at the time of approval of the final map or parcel
map enter into a binding agreement to acquire such reserved area within two years after the completion and acceptance of all im- provements, unless such period of time is extended by mutual agreement .
at the time of the filing of the tentative map plus the taxes against such reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of such reserved area, including interest costs incurred on any loan
(b) If a park, recreational facility, fire station, lib-
(d) The purchase price shall be the market value thereof
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covering such reserved area. (e) If the public agency for whose benefit an area has
been reserved does not enter into such a binding agreement, the
reservation of such area shall automatically terminate.
ChaPter 20.08
FEES
Sections:
20.08.010
20.08.020
20.08.030 20.08.040
20.08.050
20.08.060
20.08.070
20.08.080
20.08.090
20.08.100
20.08.110
20.08.120
20.08.130
20.08.140
Tentative map fee.
Revised tentative map fee. Tentative map extension fee. Final map fee.
Improvement plan review and construction
inspection fees. Tentative parcel map fee. Parcel map fee.
Tentative parcel map extension fee.
Fees for adjustment plats.
Fees for reversion to acreage.
Fees for certificates of compliance.
Streets and lots reserved for future streets
excluded from computation.
Drainage and sewer facilities--Payment of
fees required.
Bridge crossings and major thoroughfares--
Purpose.
20.08.010 Tentative map fee. At the time of filing a
tentative map with the Planning Commission there shall be paid to the Planning Department a tentative map examination fee as
follows:
(1) $200.00 for each tentative map, plus
(2) The following amounts per lot or per acre within the
tract divided by the tentative map, whichever produces the larger fee:
plus
(a) $5.00 for each of the first 25 lots or acres,
- (b) $3.00 for each of the next 75 lots or acres, plu
(c) $1.00 for each additional lot or acre in excess
of 100.
The amounts specified in subsection (2) of this section shall
be computed on the number of lots shown on the tentative map
unless the total number of acres within the tract being divided
by such tentative map exceeds the number of lots, in which event
the total number of acres shall be used as the basis for computa-
tion.
20.08.020 Revised tentative map fee. At the time of
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20.08.070 Parcel map fee, The subdivider shall pay to the Engineering Department upon filing of the parcel map a process- ing fee of $100.00.
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20.08.080 Tentative parcel map extension fee. At the tima
filing a revised tentative map with the Planning Commission
there shall be paid to the Planning Department a revised tentative
map examination fee as follows:
subdivision shown on the approved tentative map and the subdivi-
sion shown on the revised tentative map, a fee equal to one-fourth
of the fee prescribed in section 20.08.010 for a tentative map of
such area or portion thereof.
(2) For any additional area included in the subdivision shown on the revised tentative map there shall be added for each
lot or acre within said additional area an amount computed in
accordance with subsection (2) of section 20.08.010. For the
purpose of computing this fee portions of lots included within
said additional area shall be regarded as entire lots.
[I) For the area or portion thereof included in both the
20.08.030 Tentative map extension fee. At the time of
filing a request for the extension of a tentative map with the
City Engineer there shall be paid to the Engineering Department
a tentative map extension processing fee equal to one-fourth of
the fee prescribed in section 20.08.010 for such tentative map.
20.08.040 Final map fee. At the time of filing a final
map with the Engineering Department, there shall be paid to the
Engineering Department an examination fee of $100.00 plus $2.00
for each lot.
20.08.050 Improvement plan review and construction
insgection fees. All construction and installation of improvement
shail be subject to plan review and inspection by the City Enginee
or other appropriate department, and the subdivider shall arrange
for inspection prior to starting construction or installation of
the improvements. The costs to the City in examining improvement
plans, inspecting improvements and monuments shall be paid by the
subdivider. An improvement plan review fee of one percent of
the approved engineer's estimate of the total improvement costs
shall be paid to the Engineering Department upon submittal of
improvement plans for review. An improvement construction inspec-
tion fee of two percent of the approved engineer's estimate of the
total improvement costs shall be paid prior to approval of the final map or the commencement of construction of the improvements,
whichever occurs first.
20.08.060 Tentative parcel map fee. At the time of sub-
mission of a tentative parcel map there shall be paid to the City
Engineer a tentative parcel map examination fee of $175.00.
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of filing a request for the extension of a tentative parcel map with the City Engineer there shall be paid to the Engineering Department a tentative parcel map extension processing fee of
$25.00.
20.08.090 Fees for adjustment plats. At the time of
filing an adjustment plat there shall be paid to the City Engineer an adjustment plat examination fee of $50 .OO.
20.08.100 Fees for reversion to acreage, Petitions to revert property to acreage shall be accompanied by a fee of
$250.00. If the proceedings are initiated pursuant to section
20.40.030, the person or persons who requested the City Council
to initiate the proceedings shall pay a fee of $250.00.
20.08.110 Fees for certificates of compliance. At the
time of filing any request pursuant to this title intended to result in the issuance of a certificate of compliance, there
shall be paid to the Engineering Department a fee of $35.00 to
cover the cost of making the required determinations pursuant to
such request and the recording of any certificate of compliance
resulting therefrom.
20.08.120 Streets and lots reserved for future streets
excluded from computation. Streets and lots reserved for future
streets shall be disregarded in computing the fees and charqes
~ imposed by this chapter.
20.08.130 Drainage and sewer facilities--Payment of fees
required. Prior to filing of any final map or parcel map, the
subdivider shall pay or cause to be paid any fees for defraying
the actual or estimated costs of constructing planned drainage
facilities for the removal of surface and storm waters from local or neighborhood drainage-areas or sanitary sewer facilities for
local sanitary sewer areas established pursuant to Section 66483
of the Subdivision Map Act,
20.08.140 Bridge crossings and major thoroughfares-PurpOS
The purpose of this section is to make provision for assessing and
collecting fees as a condition of approval of a final map or as
a condition of issuing a building permit for the purpose of defray-
ing the actual or estimated costs of constructing bridges or major
thoroughfares pursuant to Section 66484 of the Subdivision Map Act.
Chapter 20.12
MAJOR SUBDIVISIONS--PROCEDURE
Sections :
20.12.010 Tentative map required.
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20.12.020
20.12.030
20.12.040
20.12.050
20.12.060
20.12.070
20.12.080
20.12.090
20.12.100
20.12.110
20.12.120
Grading plan. Preliminary title report. Size of map. Information on map. Supplemental information. Planning Director's duties.
Planning Commission duties.
City Council action. Expiration of tentative map.
Extension of tentative map. Revised tentative map.
20.12.010 Tentative map required. (a)
posing to create a major subdivision shall file
Any person pro-
a tentative map
pursuant to this chapter with the Secretary of the Planning Commis sion. The City Council shall not approve a final map unless prior thereto a tentative map of the subdivision shown thereon shall hav been filed with and reported on by the Planning Commission. Prior
to filing a tentative map the subdivider or his authorized agent
shall confer with the Planning Director and the City Engineer
regarding the preparation of the map. A proposed tentative map
may not be filed unless it conforms to the requirements of this
chapter.
vision pursuant to the Subdivision Map Act or this title, the City
Engineer shall not approve such map unless prior thereto a tenta- tive map of the subdivision shown thereon shall have been filed and reported on by the Planning Commission and approved by the City Council. (c) Tentative maps shall be prepared and processed in
accordance with the Subdivision Map Act and the provisions of
this title. The subdivider shall file as many copies of the
tentative map or other required information as the Planning Direc-
tor may require.
(b) Where a parcel map is authorized for a major subdi-
20.12.020 Grading plan. There shall be filed with each
tentative map a grading plan showing any grading proposed for the creation of building sites within the subdivision or for con-
struction or installation of improvements to serve the subdivision
The grading plan together with the original topographical contours
may be shown on the tentative map. This plan shall indicate
approximate earthwork volumes of proposed excavation and filling
operations. In the event no such grading is proposed, a statement
to that effect shall be filed with the tentative map.
20.12.030 Preliminary title report. There shall be filed
with each tentative map a current preliminary title report for the
property being subdivided.
20.12.040 Size of map. The size of such tentative map
is optional; the scale shall not be less than 200 feet to the inch
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20.12.050 Information on map. Each tentative map shall
(1) Name and address of the owner whose property is pro-
(2) Name and address of registered civil engineer, li-
contain the following information:
posed to be subdivided and the name and address of the subdivider;
censed surveyor, landscape architect or land planner who prepared
the maps;
(3) North point; (4) Scale;
(5) Date of preparation;
(6) The location, width and proposed names of all streets within the boundaries of proposed subdivision and approximate grades thereof; (7) Location and width of alleys;
(8) Name, location and width of adjacent streets;
(9) Lot lines and approximate dimensions and numbers of
each lot;
(10) Approximate location and width of watercourses or areas subject to inundation from floods, and location of struc- tures, irrigation ditches and other permanent physical features;
(11) Approximate contours at 2-foot intervals:
(12) Approximate location of existing buildings and per-
(13) Location of all major vegetation showing size and
(14) Legal description of the exterior boundaries of the
(15) Width and location of all existing or proposed public
(16) Classification of lots as to intended residential,
(17) Location of railroads;
(18) Approximate radii of curves;
(19) Proposed name and City of Carlsbad tract number of
(20) (21) Number of units to be constructed when a condominium
manent structures;
type i
subdivisions;
or private easements;
commercial, industrial or other uses;
the subdivision. Any proposed phasing by units.
or community apartment project is involved.
20.12.060 Supplemental information. The tentative map
shall show thereon, or be accompanied by reports and written states
ments from the subdivider giving essential information regarding
the following matters:
(1) Source of water supply;
(2)
(3) Proposed method of sewage disposal including location
(4) Proposed storm water sewer or other means of drain-
Type of street improvement and utilities which the
subdivider proposes to install;
of facilities;
age, including the location of such facilities;
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(5) Protective covenants to be recorded:
(6) Proposed tree planting.
20.12.070 Planning Director's duties. (a) The Planning
lirector shall obtain for the Planning Commission the recommenda-
tion of the City Engineer, the Parks and Recreation Director, the ?ire Chief or their authorized representatives with respect to the
fiesign of the proposed subdivision and the kind, nature and extent
>f the proposed improvements. Said recommendations may also be
Dbtained from Caltrans, the San Diego Coastal Commission, the
3ffice of Inter-Governmental Management and any other person affec
Id by or interested in the proposed subdivision, if such recom-
nendation is found to be necessary.
(b) The Planning Director shall prepare a staff report to the Planning Commission containing recommendations regarding the tentative map.
to the subdivider at least five days prior to Planning Commission
zonsideration of his tentative map.
hearing before the Planning Commission.
A copy of the recommendations shall be furnish
(c) The Planning Director shall set the map for public
20.12.080 Planning Commission duties. The Planning
Commission is authorized and directed to carry out the following actions : (1) Hold a public hearing on the tentative map. Notice
thereof shall be given as provided in Section 66451.3 of the Sub-
division Map Act. Any interested person may appear at such a hear
ing and shall be heard.
(2) Investigate each tentative map filed with it pursuant
to this chapter and the Subdivision Map Act and the improvements
proposed to be constructed and installed in or to serve the sub-
division. At the conclusion of the hearing on the map the Commis-
sion shall make a report with respect to the design of the subdi-
vision and the kind, nature and extent of the proposed improvement
to the City Council. The report of the Planning Commission shall
include the findings and recommendations on the findings required
by the Subdivision Map Act. The report shall be made and for-
warded to the City Council and filed with the City Clerk with a
recommendation of approval, approval with conditions or denial of each tentative map within 50 days of the date the tentative may was filed with the Secretary of the Planning Commission.
(3) Where the Planning Commission recommends approval or
conditional approval of a tentative map, it shall also recommend,
pursuant to the provisions of this title, the kind, nature and extent of the improvements to be constructed or installed in or
to serve the subdivision for which such tentative map is filed,
provided, however, where the Planning Commission does not prescril
the kind, nature or extent of the improvements to be constructed
or installed, improvements shall be constructed and installed in
accordance with the City of Carlsbad Standards.
12.
20.12.090 City Council action. (a) When a report on a
tentative map is filed with the City Clerk, the Clerk is hereby
directed, unless otherwise directed by the City Council, to set
the matter for public hearing on the agenda of the first Council
meeting after the Planning Commission adopts its resolution report
ing on the map, or on the agenda of the first Council meeting with
in 30 days after the Planning Commission considered the map if the
Planning Commission has not adopted its resolution within that time.
tentative map, and notice thereof shall be given as provided in
Section 66451.3 of the Subdivision Map Act. Any interested person
may appear at such a hearing and shall be heard.
sion's report on a proposed tentative map, shall consider the mat- ter and shall approve, conditionally approve or disapprove the tentative map within the time limits prescribed by the Subdivision
Map Act. The City Council shall announce its decision by resolu-
tion. Any decision to approve or conditionally approve a tenta-
tive map shall include a description, pursuant to the provisions
of this title, of the kind, nature and extent of any improvements
required to be constructed or installed in or to serve the sub- division. If the City Council fails to act within the required
time limit, the recommendations of the Planning Commission regard-
ing the tentative map shall be deemed to be the decision of the
City Council in regard thereto.
approve a tentative map unless they find that the proposed sub-
division, together with the provisions for its design and improve-
ment,is consistent with the general plan and any applicable speci-
fic plans.
approve a tentative map if they make any of the following find-
ings :
applicable general and specific plans.
subdivision is not consistent with the applicable general and
specific plans.
(3) That the site is not physically suitable for the
type of development.
(4) That the site is not physically suitable for
the proposed density of development.
(5) That the design of the subdivision or the pro-
posed improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or
their habitat.
(6) That the design of the subdivision or the type
of improvements are likely to cause serious public health problems.
(7) That the design of the subdivision or the type of improvements will conflict with easements of record or easement
(b) The City Council shall hold a public hearing on the
(c) The City Council shall review the Planning Commis-
(d) The City Council shall not approve or conditionally
(e) The City Council shall not approve or conditionally
(1) That the proposed map is not consistent with
(2) That the design or improvement of the proposed
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established by court judgment, acquired by the public at large,
for access through or use of property within the proposed subdi-
vision. In this connection, the City Council may approve a map
if they find that alternate easements for access or for use will
be provided and that these will be substantially equivalent to ones
previously acquired by the public.
(8) That all requirements of the California Envir-
onmental Quality Act and the City of Carlsbad Environmental Pro-
tection Ordinance of 1972 have not been met.
(9) That the proposed map fails to meet or perform
any of the requirements or condiitions of this title or the Sub-
division Map Act unless they find that such failure is a result
of a technical and inadvertent error which does not materially
affect the validity of the map.
20.12.100 Expiration of tentative maps. The approval or
conditional approval of a tentative map shall expire 18 months
from the date the map was approved or conditionally approved unles:
it is extended in accord with section 20.12.110 of this chapter. Within such 18-month period or the period of any extension the subdivider may cause the subdivision to be surveyed and a final
map to be prepared and submitted to the City Council for approval or disapproval in accordance with the tentative map as approved or conditionally approved and in accordance with the Subdivision
Map Act and this title.
20.12.110 Extension of tentative map. (a) The subdivide] may request an extension of the tentative map approval or condi- tional approval by written application to the City Engineer. Such
application shall be filed at least 20 days, and not more than
90 days, before the approval or conditional approval is due to expire. The application shall state the reasons for the requested extension.
( 6) At any time within 90 days of the expiration of the map the City Council may approve, conditionally approve or deny the requested extension. An extension shall not exceed one year from the preceding expiration date. No more than two such exten-
sions may be granted. In granting an extension the City Council may impose new conditions and may revise existing conditions. Prior to granting an extension the City Council may refer the request to the Planning Commission for recommendation
and report. The Planning Commission shall report within 45 days
of the Council's referral.
(c)
20.12.120 Revised tentative map. Where a subdivider
desires to revise or alter a proposed subdivision for which a
tentative map has been approved by the City Council, the subdivide:
may file with the Planning Department a revised tentative map on
payment of the fees prescribed in chapter 20.08 of this title.
ing requirements :
( 1) A revised tentative map shall conform to the follow-
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(a) The proposed subdivision shown on such map
shall generally conform to the street and lot pattern shown on
the approved tentative map.
shall include only one contiguous area consisting of all or a
portion of the subdivision shown on the approved tentative map
together with such additional land, if any, as the subdivider
desires to include. (c) The map shall contain all of the information
required on tentative maps and shall be accompanied by such data
as is required to be filed with tentative maps.
months after the approval of the tentative map by the City Council
or,if an extension of time is granted, within the period specified in such extension.
of the prescribed fee, such revised tentative map shall be treated
in all respects as an original tentative map and shall be reported on, approved, conditionally approved or disapproved in the same
manner as a tentative map, provided, however, that the subdivider
shall have 18 months from the approval or conditional approval of
the original tentative map within which to obtain final map
approval, unless such period is extended pursuant to section
20.12.110 of this titl’e, in which case the subdivider shall
obtain final map approval within the period of any such extension.
(b) The proposed subdivision shown on such map
(2) A revised tentative map shall be filed within 18
(3) Upon the filing of a revised tentative map and payment
Chapter 20.16
MAJOR SUBDIVISIONS--REQUIREMENTS
Sections:
20.16.010
20.16.020
20.16.030
20.16.040
20.16.050
20 J6.060
20.16.070
20.16.080
20.16.090
20.16.100
Design of subdivision. Conformance to street plans.
Dedication. Required improvements.
Monuments. Agreement to improve. Improvement security--Required.
Improvement security--Amount. Improvement security--Release. Improvement security--Forfeiture
20.16.010 Design of subdivision. All major subdivisions
for which a tentative map is required by this ‘title shall con-
form to the following requirements as to design:
(1) No lot shall include land in more than a single tax
code area.
(2) Every lot shall contain the minimum lot area specifie
in the zoning ordinance for the zone in which said lot is located
at the time the final map is submitted to the City Council for its
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approval, provided, however, if no lot area is established by the
zoning ordinance, every lot shall contain a net area of no less
than 7500 square feet.
street offered for dedication unless otherwise authorized by the
zoning ordinance for the zone in which said lot is located at the time the final map is submitted to the City Council for its ap- proval. (4) Every lot shall be at least 50 feet wide exclusive
of side yards required in the zone in which the lot is located
measured at the right-of-way line, provided that no lot shall
measure less than 60 feet wide measured at the right-of-way line.
center of a cul-de-sac or the center of the intersection of two
dead-end streets shall have at least 33 feet of frontage measured
at the right-of-way line.
pursuant to this title or Title 19, shall have minimum frontage of 20 feet on a dedicated street.
access rights are relinquished to one of the abutting streets as
approved by the City Engineer.
(8) The side lines of all lots shall be at right angles
or radial to the street upon which the lots front with a maximum
deviation of up to 10 degrees allowed.
(9) Lot depth shall be at least 90 feet and shall be no greater than three times the average width. (10) Whenever practicable, subdivision of residential property abutting prime, major and secondary arterial routes shown on the circulation element of the City of Carlsbad general plan, railroads, transmission lines and open flood control channels
shall be designed so that the lots do not front on nor have access from such rights-of-way.
(11) Whenever practicable, side and rear lot lines shall
be located along the top of man-made slopes instead of at the toe or at intermediate locations on said slopes.
plan shall be included in the subdivision when such routes pass
through or abut the subdivision.
dedicated in subdivisions containing 200 or more lots, the sub- divider shall include bicycle routes when necessary and feasible for the use and safety of the residents.
development of abutting properties in the development of the street plan.
(3) Every lot shall front on a dedicated street or a
(5) Lots whose side lines are approximately radial to the
(6) Panhandle-shaped or flag-shaped lots, if permitted
(7) Through lots shall not be allowed unless vehicular
(12) Bicycle routes shown on the City of Carlsbad general
Whenever rights-of-way for streets are required to be
(13) Consideration shall be given to assuring proper
20.16.020 Conformance to street plans. All streets shown on a tentative map shall be in substantial conformance to the cir-
culation element of the general plan and they shall relate to the
existing streets in the areas adjoining the subdivision. Such
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streets shall also conform to any applicable master plans, specifi plans or other officially adopted street plans.
20.16.030 Dedication. (a) The subdivider shall offer
to dedicate rights-of-way for streets within the subdivision in
accordance with City of Carlsbad Standards.
streets providing primary access to the subdivision are dedicated
to and maintained by a city, county or state and said street or
streets meet City of Carlsbad Standards for right-of-way width.
subdivision shall have a dedicated width of no less than 42 feet
together with a strip of land one foot wide on its outer edge
which shall be offered to the City for street purposes and over
which access rights are relinquished.
sion boundary shall include a strip of land one foot wide across
said street at its point of termination at said boundary which
shall be portions of the adjacent lots, offered for street purpose
and over which access rights are relinquished.
streets with streets shown on the circulation element of the gener
a1 plan shall be offset at least 250 feet. Four-way intersections
are to be avoided wherever possible.
boundaries of a subdivision to provide adequate circulation for residents of the subdivision, the subdivider shall cause the required easements to be dedicated to the City and shall improve said easements in accordance with City of Carlsbad Standards.
(9) Whenever any land to be subdivided is bounded by an
inlet, bay, estuary, lagoon, river, stream or by the Pacific Ocean
there shall be a street to and along such inlet, bay, estuary,
lagoon, river, stream or ocean front, or adequate public access to and along such boundary shall be provided or be made otherwise available in lieu of such street or any combination as the City Council may require to insure compliance with Chapter 4, Article
3.5 of the Subdivision Map Act. (h) Where a drainage facility or flood control facility
is necessary for the use of lot owners or for the protection of lots, adequate rights-of-way for such drainage facilities or flood control facilities shall be offered for dedication to the City or to such other public entities as the City Council desig- nates and shall be shown on the map.
(i) Where it is necessary to extend a drainage facility
or flood control facility beyond the boundaries of the subdivi-
sion for adequate drainage or flood control needs, the required
rights-of-way shall be offered for dedication.
within and without the subdivision shall be provided so as to carr storm run-off, both tributary to and originating within the sub-
division.
(b) No final map shall be approved unless the street or
(c) Streets which are proposed on the boundaries of a
(d) All streets proposed to be terminated at the subdivi-
(e) Intersections of existing streets or of existing
(f) Where it is necessary to extend a street beyond the
( j) Drainage facilities and flood control facilities
17.
(k) The subdivider shall offer to dedicate land for park
purposes, pay fees in lieu thereof, or do a combination of both,
pursuant to Chapter 20.44 of this title.
with the City of Carlsbad Standards the necessary right-of-way
for bicycle routes under the following circumstances:
general plan pass through or abut the subdivision;
of-way for streets in a subdivision containing 200 or more lots
and such route is necessary and feasible for the use and safety of
the residents.
a street shall include a waiver of direct access rights to such street from any property shown on a final map as abutting thereon,
and that if the dedication is accepted, such waiver shall become
effective in accordance with the provisions of the waiver of direct
access.
(1) The subdivider shall offer to dedicate in accordance
(1) When such routes as shown on the City of Carlsbad
( 2) When a subdivider is required to dedicate rights-
(m) Where required, a dedication or offer of dedication of
20.16.040 Required improvements. (a) Before approving a
final map the City Council shall require, and before approving a
parcel map of a major subdivision the City Engineer shall require,
and before a final map is approved by operation of law, it shall be
required :
grade and improve all land dedicated or to be dedicated for streets
or easements, bicycle routes, and all private streets and private
easements laid out on a final map or parcel map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and
drainage needs, and in accordance with the City of Carlsbad Standards.
(2) That the subdivider install or agree to install all drainage and flood control structures and facilities required by the City Engineer, which drainage and flood control structures and facilities shall conform to the City of Carlsbad Standards, or the
standards of other appropriate agencies as the City Engineer
adopts.
(3) That the subdivider install or agree to install fire
hydrants and connections of a type and location approved by the
Fire Chief. Fire hydrant connections, including valves, shall be
installed to the rear or back of the sidewalk. (4) That the subdivider provide all necessary easements and rights-of-way to accommodate all streets, drainage and flood
control structures and facilities and sewer systems extending
beyond the boundaries of the subdivision.
be connected to a domestic water system approved by the City and
all water mains shall be of a material subject to the requirements
of the water company or agency serving the subdivision. That the
subdivider shall install or agree to install all required water
(1) That the subdivider grade and improve or agree to
(5) That the subdivider shall provide that the subdivisior
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systems necessary to serve the subdivision and that all water 1ineE appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to insure said
construction.
within a street or road, the subdivider has installed or agreed
to install sewer lines of a type and size approved by the City
Engineer to the property line of each lot within the subdivision
and that all sanitary sewer lines, appurtenances and service con-
nections have been constructed or laid prior to paving or provi-
sions have been made to insure said construction.
(b) If the City Council rejects the offer of dedication of streets delineated on the map pursuant to Section 66477.1 of the Subdivision Map Act, no surfacing shall be required on any street so rejected by said Council, provided, however, this provision shall not be construed as relieving the subdivider of the obligation of:
widths required by the City of Carlsbad Standards.
ties required by the City Engineer and which shall conform to the
City of Carlsbad Standards.
and connections as may be required by the City Engineer and Fire
Chief. (c) No surfacing is required on any private street laid
out on any parcel map where each parcel shown on such map contains a gross area of 20 acres or more, provided, however, this provisior shall not be construed as relieving a subdivider of the obligation of:
widths required by the City of Carlsbad Standards;
ties required by the City Engineer which shall conform to the City of Carlsbad Standards; and
(3) Installing water supply pipelines, fire hydrants and connections as may be required.
(d) All new and existing utility distribution facilities,
including cable television conduit and lines within the boundaries of any new subdivision or within any half-street abutting a new subdivision, shall be placed underground. The subdivider is responsible for complying with the requirements of this subsec- tion, and he shall make the necessary arrangements with each of
the serving utilities, including franchised cable television operators, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and
other facilities necessarily appurtenant to such underground
utilities and street lighting systems may be placed above ground subject to approval of the City Engineer as to type and location.
The provisions of this subsection shall not apply to the installa-
tion and maintenance of overhead electric transmission lines in
excess of 34,500 volts and long-distance and trunk communication
facilities. The installation of cable television lines may be
waived when, in the opinion of the City Council, no franchised
(6) That, where a sewer line is constructed or laid
(1) Grading such rejected streets to grades and
(2) Installing all drainage structures and facili-
(3) Installing water supply pipelines, fire hydrants
(1) Grading such private streets to grades and
(2) Installing all drainage structures and facili-
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cable television operator is found to be willing and able to in-
stall cable television lines in the subdivision. Notwithstanding
any such waiver,the installation of cable television conduit is
required.
constructed at his cost a street lighting system conforming to
City of Carlsbad Standards. (€1 Where the City has adopted a flood control element
or drainage element of the general plan, any improvements shall
conform to such element wherever possible.
(9) That the subdivider comply or agree to comply with
all the conditions of approval contained in the resolution approv-
ing the tentative map and not otherwise provided for by this sec- tion.
( e) The subdivider shall construct or shall cause to be
20.16.050 Monuments. (a) Every final map shall show the
following monuments :
(1) Boundary monuments: The exterior boundary of
the subdivision shall be monumented with permanent monuments not smaller than two-inch iron pipes at least 24 inches long set at each corner and at intermediate points along the boundary not
more than 1,000 feet apart and at the beginning and end points of
all curves, provided if any existing record and identified monumen-
meeting the foregoing requirements is found at any such corner or
point, such monument may be used in lieu of a new monument.
when coincident with exterior boundary corner, shall be monumented
with permanent monuments of one of the following types:
3/4-inch diameter iron pipe at least 12 inches long; (ii) l/2-inch
diameter steel rod at least 12 inches long; (iii) lead plug and
copper identification disks set in concrete sidewalks or curbs.
lines of streets as the City Engineer may require.
(2) Lot corner monuments: All lot corners, except
( 2)
(3) Such additional monuments to mark the limiting
(4) All other monuments set or proposed to be set. (b) The subdivider shall cause the foregoing monuments ta
(c) All monuments and their installation shall conform to
(d) All of the foregoing monuments shall be set prior to
be set by a licensed surveyor or engineer.
the City of Carlsbad Standards.
the approval of the map by the City Council unless the setting thereof is deferred in accordance with Section 66496 of the Sub-
division Map Act, provided, however, the setting of exterior
boundary monuments shall not be deferred unless the City Engineer
determines that such monuments might be disturbed by the construc-
tion of improvements.
(e) Where the setting of monuments is deferred following filing of a final map, such monuments shall be set within 30 days after the completion of the required improvements and prior to the
acceptance thereof by the City. The setting of monuments shall not be deferred if a parcel map is filed unless expressly allowed by the City Engineer.
20.
20.16.060 Agreement to improve. Unless the City Council requires the subdivider to construct improvements prior to final
map approval, the subdivider may elect to agree to construct
improvements or to otherwise comply with the requirements of this
title and with the conditions in the resolution approving the
tentative map, or if authorized by the City Council may contract to initiate and consummate special assessment district proceedings in lieu of constructing improvements, as provided in Section 66462
of the Subdivision Map Act. In such case he shall prepare and
deposit with the City Clerk detailed plans and specifications of the improvements to be constructed or the condition to be met, and
such plans and specifications shall be made a part of any such
agreement or contract and of the improvement security securing the same. The City Manager is authorized to sign such agreements on
behalf of the City of Carlsbad.
20.16.070 Improvement security--Required. The improve- ment agreement referred to in section 20.16.060 shall be secured by one of the following: (1) A bond or bonds by one or more duly authorized cor-
porated sureties substantially in the form prescribed by Sections
66499.1 and 66499.2 of the Subdivision Map Act.
A deposit either with the City or a responsible
escrow agent or trust company selected by the City of cash or nego
tiable bonds of the kind approved for securing deposits of its
public monies.
(3) An irrevocable instrument of credit from one or more
responsible financial institutions regulated by federal or state
government and pledging that the funds are on deposit and guaran-
teed for payment on demand by the City.
(2)
20.16.080 Improvement security--Amount. Improvement secu-
(1) One hundred percent of the total estimated cost of rity shall be in the following amounts:
the improvement or act to be performed conditioned upon the faith-
ful performance of the act or agreement;
improvement or act to be performed securing payment to the con-
tractor, the subcontractors and to persons furnishing labor, materials or equipment to them for the improvement or the perform-
ance of the required act:
Twenty-five percent of the total estimated cost of
the improvement or act to be performed to guarantee or warranty
the work for a period of one year following completion or accept-
ance thereof against any defective work or labor done or defective
materials furnished;
bonds furnished by duly authorized corporate surety, an additional
amount shall be included, as determined by the City Council, as necessary to cover the cost and reasonable expenses and fees,
including reasonable attorney's fees, which may be incurred by
(2) Fifty percent of the total estimated cost of the
(3)
(4) If the improvement security is other than a bond or
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the City in successfully enforcing the obligation secured. The
improvement security shall also secure the faithful performance
of any changes or alterations in the work to the extent that such
changes or alterations do not exceed ten percent of the original
estimated cost of the improvement.
20.16.090 Improvement security--Release. The improvement
security required hereunder shall be released in the following manner :
or agreement shall be released upon the final completion and acceptance of the act or work, subject to the provisions of sub- section (2) hereof.
ity in conjunction with the acceptance of the performance of the act or work as it progresses upon application therefor by the
subdivider, provided, however, that no such release shall be for an amount less than twenty-five percent of the total improve- ment security given for faithful performance of the act or work an(
that the security shall not be reduced to an amount less than fift:
percent of the total improvement security given for faithful per-
formance until final completion and acceptance of the act or work.
In no event shall the City Engineer authorize a release of the
improvement security which would reduce such security to an mount
below that required to guarantee the completion of the act or work
and any other obligation imposed by this ordinance, the Subdivisioi Map Act or the improvement agreement.
(3) Security given to secure payment to the contractor,
his subcontractors and to persons furnishing labor, materials or
equipment shall six months after the completion and acceptance of
the act or work be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the
legislative body, plus an amount reasonably determined by the City
Engineer to be required to assure the performance of any other
obligations secured thereby. The balance of the security shall be
released upon the settlement of all such claims and obligations fo
which the security was given.
work shall be released until the expiration of the period thereof.
(1) Security given for faithful performance of any act
(2) The City Engineer may release a portion of the secur-
(4) No security given for the guaranteeor warranty of
20.16.100 Improvement security--Forfeiture. Upon the
failure of the subdivider to complete any improvement, acts or obligations within the time specified, the City Council may, upon notice in writing of not less than 10 days served upon the person
responsible for the performance thereof, or upon notice in writing
of not less than 20 days served by registered mail addressed to
the last known address of such person, determine that the sub-
divider is in default and may cause the improvement security, or
such portion thereof as is necessary to complete the work or act
and any other obligations of the subdivider secured thereby, to be forfeited to the City.
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Chapter 20.20
I
'
FINAL MAP REQUIREMENTS
Sections:
20.20.010
20.20.020
20.20.030
20.20.040
20.20.050
20.20.060
20.20.070
20.20.080
20.20.090
20.20.100
20.20.110
20.20.120
20.20.130
20.20.140
20.20.150
20.20.160
Maps to conform to requirements of City
Council.
City Council to approve maps.
Required offer of dedication.
Grant of open space easement.
Type of map required.
Additional data on final subdivision maps.
Record of easements.
Survey data.
Lot numbers.
Established lines.
Additional certificates on final subdivision
maps.
Title company certificate and report.
Title company subdivision guarantee.
Approval as to form.
Stamping or printing of certificates.
Soil reports.
20.20.010 Maps to conform to requirements of City Council
All final and parcel maps for major subdivisions shall conform to the requirements of the Subdivision Map Act and this title and also shall conform to the requirements specified in the City Coun- cil resolution approving or conditionally approving the tentative map.
shall be filed in the office of the County Recorder until approved
by the City Council.
map unless there is a valid tentative map for the subdivision. A final map may be filed for a portion of the land encompassed withi
an approved tentative map, provided the City Council has approved such a filing in phases in its approval of the tentative map.
20.20.020 City Council to approve maps. No final map
The City Council shall not approve a final
20.20.030 Required offer of dedication. As a condition
precedent to the approval by the City Council of any final map,
all parcels of land shown thereon, and intended for any public use
shall be offered for dedication for public use except those par- cels, other than streets, intended for the exclusive use of the
lot owners in the subdivision, their licensees, visitors, tenants
and servants.
20.20.040 Grant of open space easement. In the event
that a grant of an open space easement is to be made over any portion of the subdivision, the final map shall contain a certifi-
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cate signed and acknowledged by those parties having any record
title interest in the subdivided land granting such open space
easement and stating the conditions of the grant.
20.20.050 Type of map required. Unless otherwise pro-
vided in this title, a final subdivision map shall be prepared and filed pursuant to an approved tentative map for every major sub-
division. In lieu of filing a final subdivision map, unless
otherwise required by the Subdivision Map Act, a parcel map with
a form and content in accord with Chapter 20.32 of this title may be filed pursuant to an approved tentative map when any of the
following conditions prevail:
acres, each parcel created by the division abuts upon a maintained
public street or highway and no dedications or improvements are
required by the City Council.
(2) Each parcel created by this division has a gross area
of 20 acres or more and has an approved access to a maintained public street or highway and no dedication is required by the City Council.
(3) The land consists of a parcel or parcels of land
having approved access to a public street or highway which com-
prises part of a tract of land zoned for industrial or commercial
development and which has the approval of the City Council.
Each parcel created by the division has a gross area of 40 acres or more or each of which is a quarter-quarter section
or larger.
(1) The land before division contains less than five
(4)
20.20.060 Additional data on final subdivision maps.
(1) Contain a definite description of the land subdivided
Every final subdivision map shall:
by references to recorded deeds, recorded maps and official United States surveys. Reference to tracts, recorded deeds and recorded maps shall be spelled out, worded identically with origin- al records and show the book and page of records or map numbers.
said bearings to the true meridian, and the north point of said
map shall appear on each sheet thereof.
or more to nearest hundredth.
boundary line, any area subject to flooding at times of high tide or heavy rainfall, and state that such area is subject to flooding a.t times of high tide or heavy rainfall.
ments and other rights-of-way not to be accepted as public streets
a.nd shown on said map from public streets and clearly designate
their nature and the manner in which the right is reserved or
granted.
(6) Bear the name and the Carlsbad tract number of the
subdivision on every sheet of said map.
(2) Show the basis of bearings used, the relationship of
(3) Show the acreage of all parcels containing one acre
(4) Clearly indicate, by description or a distinctive
(5) Show a solid line separating all private ways, ease-
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20.20.070 Record of easements. (a) The final map shall show the centerline data, width and side lines of all easements
to which the land is subject or to be subjected. If the ease-
ment is not definitely located on record, a statement as to the easement shall appear on the title sheet. (b) Easements for storm drains, sewers and other pur- poses shall be denoted by broken lines. (c) The easement shall be clearly labeled and identified
and, if already of record, proper reference to the records given.
(d) Easements being dedicated shall be so indicated in
the certificate of dedication. (e) Easements for public utility companies shall be
designated on the final map as 'easements for public utilities'.
20.20.080 Survey data. (a) The final map shall show
the centerlines of all streets, length, tangents, radii and
central angles or radial bearings of all curves, the total width of each street, the width of the portion being dedicated and the width of existing dedication and the width of each side of the center line; also the width or rights-of-way of railroads, flood
control or drainage channels and any other easements existing or
being dedicated by the map.
pursuant to this chapter shall be made in accordance with standard
practices and principles for land surveying. A traverse of the
boundaries of the subdivisions and all lots and blocks shall close, Sufficient data shall be shown to determine readily the bearing and length of each line. Dimensions of lots shall be net dimen-
sions, and no ditto marks shall be used. (c) Traverse sheets and work sheets showing the closure
of the exterior boundaries and of each irregular block and lot
shall be provided.
following:
(b) Surveys in connection with subdivision maps prepared
(d) The final map shall also have indicated thereon the
(1) Suitable primary survey control points
(i) section corners,
(ii) monuments (existing outside of subdivision)
(2) Location of all permanent monuments within
(3) Ties to any city or county boundary lines in-
(4) Ties to and identification of adjacent subdivi-
(5) Required certificates.
subdivision ;
vo 1 ved :
sions;
20.20.090 Lot numbers. (a) The lots shall be numbered
consecutively, commencing with the number 'l', with no omissions
or duplications. In the case of successive subdivisions of the
same basic name, the numbering may be successively extended from
the previous subdivision bearing the same general name.
(b) Each lot shall be shown entirely on one sheet.
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20.20.100 Established lines. (a) Whenever the City
Enffineer has established the centerline of a street or alley,
suGh data shall be considered in making the surveys and in ;re-
paring the final map, and all monuments found shall be indicated
and proper references made to field books or maps of public record,
relating to the monuments. If the points were reset by ties,
that fact shall be stated.
adjoining the subdivision clearly designated and tied in.
(b) The final map shall show City boundaries crossing or
20.20.110 Additional certificates on final subdivision
maps. In addition to certificates and other material required by
the Subdivision Map Act and this title, every final subdivision may shall bear the following certificates or endorsements:
(1) A certificate by the City Treasurer and the Director
of Sanitation and Flood Control where applicable to the effect
that there are no unpaid special assessments or bonds which may be
paid in full shown by the records in their offices against the sub-
division or any part thereof.
visors that the provisions of Division 2, Title 7 of the Govern-
ment Code have been complied with regarding deposits for taxes on
the property within the subdivision.
of the map.
surveyor in accordance with Section 66441 of the Subdivision Map
Act.
ance with Section 66442 of the Subdivision Map Act.
Commission that the tentative map has been submitted to the
Planning Commission for report and recommendation.
(7) Endorsement by the City Attorney of his approval of the map as to form.
(8) A certificate signed by the City Clerk attesting to
the approval of the map by the City Council and their acceptance,
acceptance subject to improvement, or rejection on behalf of the
public of all dedications shown thereon.
(9) An owner's certificate as required by Section 66436
of the Subdivision Map Act which shall bear the signatures of all
parties owning any record title interest in the land subdivided
except those which have been omitted pursuant to Section 66436 of
the Subdivision Map Act. The names of any parties who own inter-
ests described in Section 66436 of the Subdivision Map Act and who
have not signed the owner's certificate shall be set forth in the owner's certificate together with a description of their respec-
tive interests and the reasons why they have not signed the certi-
ficate. All such signatures of owners and others, whether indivi-
duals or corporations, must be properly signed and acknowledged before a notary public. In case a subdivision map is signed by
(2) A certificate by the Clerk of the Board of Super-
(3) Certificate of the County Recorder as to the filing
(4) A certificate signed and sealed by the engineer/
(5) A certificate signed by the City Engineer in accord-
(6) A certificate signed by the Secretary of the Planning
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a corporation, a certified copy of the resolution passed by the
board of directors of such corporation authorizing that action must
accompany the map.
(10) Where dedications are required, a certificate
offering to dedicate interests in real property for specified
public purposes in accord with Section 66439 of the Subdivision
Map Act. The certificate shall be properly signed and acknowledgec
before a notary public and shall be signed by all parties having any record title interest in the real property being subdivided
subject to the provisions of Section 66436 of the Subdivision Map
Act. is signed by a corporation, a certified copy of the resolution passed by the board of directors of such corporation authorizing
that action must accompany the final map.
In case any dedication or consent shown on a subdivision map
20.20.120 Title company certificate and report. Every
final map submitted to the City Council shall bear the certificate
of a qualified title company that the parties who executed the owner's certificate required by Section 66436 of the Subdivision Map Act are all the parties having any record title interest in the land subdivided. Said certificate shall also set forth the
names of the parties owning the interests set forth in Section
66436 of said Act together with a description of said interests
and the reasons the parties did not execute the owner's certificati
The title company shall, on the date the final map will be trans-
mitted to the County Recorder, present to the County Recorder a
letter stating that on said date the names of the parties and the
other facts set forth in the title company's certificate were the
same as shown by the certificate.
20.20.130 Title company subdivision guarantee. In lieu
of the title company certificate required by section 20.20.120,
there may be filed with the City Engineer a subdivision guarantee from a qualified title insurance company which guarantees that the
parties named therein are the only parties having any record
title interest in the land subdivided. The title company shall, on the date the final map will be transmitted to the County
Recorder, present to the County Recorder, pursuant to the require-
ments of Section 66465 of the Subdivision Map Act, a letter stat-
ing that at the time of filing of the final or parcel map in the
office of the County Recorder, the parties consenting to such fil-
ing are all of the parties having a record title interest in the
real property being subdivided whose signatures are required by Division 2 of Title 7 of the Government Code, as shown by the records in the office of the Recorder.
20.20.140 Approval as to form. All final subdivision map
filed with or submitted to the City Council shall be first submit-
ted to the City Attorney and approved as to form by him.
20.20.150 Stamping or printing of certificates. The
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iffidavits, certificates, acknowledgments and approvals required
)r permitted by this chapter or the Subdivision Map Act to appear
ipon maps may be legibly stamped or printed upon the map with
Ipaque ink in such a manner as will guarantee a permanent record
in black upon the tracing cloth or polyester base film.
ised on polyester base film, the ink surface shall be coated with
xiitable substance to assure permanent legibility.
Zonditions within a subdivision has been prepared prior to the
2pproval of the final map by the City Engineer, that fact together
qith the date of the report and the name of the engineer making
the report shall be noted on the final map.
If ink is
20.20.160 Soil reports. When a soil report of the soil
Chapter 20.24
MINOR SUBDIVISIONS--PROCEDURE
Sections :
20.24.010
20.24.020
20.24.030
20.24.040
20.24.050
20.24.060
20.24.070
20.24.080
20.24.090
20.24.100
20.24.110
20.24.120
20.24-130
20.24.140
20.24.150
20.24.160
20.24.170
20.24.180
Minor subdivision.
Tentative parcel map required.
Application. Information to be filed with tentative parcel map.
Grading plan.
Preliminary title report.
Replacement tentative parcel map.
Revised tentative parcel map.
City Engineer--Duties. Assignment of certain responsibilities to the City Engineer.
Action of the City Engineer. Consideration of tentative parcel map--Notice of decision.
Disapproval of tentative parcel map. Appeal to City Council. Waiver of parcel map. Expiration of tentative parcel map.
Time to file parcel map. Extension of tentative parcel map.
20.24.010 Minor subdivision. No person shall create a
minor subdivision except in accordance with a parcel map approved
pursuant to this title and the Subdivision Map Act and filed in
the office of the County Recorder unless such requirement for a
parcel map is otherwise waived pursuant to section 20.24.150.
The provisions of this chapter shall not apply to:
of an easement for sewer, water or gas pipelines and appurtenances or electrical or telephone poles and lines or conduit and appurte- nances :
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(1) The conveyance, transfer, creation or establishment
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(2) The leasing of a dwelling on a lot which, together
with all contiguous land owned by the same person or persons, has an area of less than 12,000 square feet;
(3) The conveyance or transfer of land or any interest
therein by or to the United States, state, county, city, school
district, special district or public utility.
20.24.020 Tentative parcel map required. Any person
proposing to create a minor subdivision pursuant to this title
shall file with the City Engineer a tentative parcel map pursuant
to the provisions of this chapter, provided, however, an adjust- ment plat may be filed in lieu of a tentative parcel map under
the conditions specified in chapter 20.36 or this title. The
City Engineer shall not certify a parcel map pursuant to Section
66450 of the Subdivision Map Act unless prior thereto a tentative
parcel map of the minor subdivision shown thereon shall have been
filed with and approved by the City Engineer or,on appea1,by the City Counci 1.
20.24.030 Application. The subdivider applying for a
minor subdivision or adjustment plat shall file an application
with the City Engineer together with copies of a tentative parcel
map or an adjustment plat as required by the City Engineer pre-
pared in accordance with the requirements of this chapter and
chapter 20.36 of this title.
20.24.040 Information to be filed with tentative parcel
map. - Such information as may be prescribed by the rules and regu- lations approved by the City Council pursuant to section 20.04.060
of this title and such additional information as the City Engineer
may find necessary with respect to any particular case to imple-
ment the provisions of this title shall accompany the tentative
parcel map or adjustment plat at the time of submission.
20.24.050 Grading plan. There shall be filed with each tentative parcel map a grading plan showing graded building site
elevations and grading proposed for the creation of building sites
or for construction or installation of improvements to serve the subdivision. The grading plan together with the original topo-
graphical contours may both be shown on the tentative parcel map. In the event no such grading is proposed, a statement to that
effect shall be placed on the tentative parcel map. This plan
shall indicate approximate earthwork volumes of proposed excava-
tion and filling operations.
20.24.060 Preliminary title report. There shall be filed
with each tentative parcel map and adjustment plat a current pre- liminary title report of the property being subdivided or altered.
20.24.070 Replacement tentative parcel map. A replacemen-
tentative parcel map shall be submitted when the City Engineer
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finds that the number or nature of the changes necessary for ap-
proval are such that they cnanot be shown clearly or simply on the
Driginal tentative parcel map.
20.24.080 Revised tentative parcel map. Where a sub-
divider desires to revise an approved tentative parcel map, he
nay file with the City Engineer, prior to the expiration of the
approved tentative parcel map, a revised tentative parcel map on
payment of the fees specified in section 20.08.060.
20.24.090 City Engineer--Duties. The City Engineer is
authorized and directed to carry out the duties assigned to him by
this title including but not limited to the following:
governmental agencies or special districts as may be deemed appropriate or necessary by the City Engineer in order to carry out the provisions of this title.
(2) Investigate each tentative parcel map filed pursuant
to this chapter and indicate by written report the kind, nature and extent of improvements required to be installed on or to serve the land to be divided.
tive parcel maps, and report as provided in this chapter his approval, conditional approval or disapproval directly to the subdivider.
(4) a parcel map for certain subdivisions as provided for in this tit1
(1) Obtain the recommendations of other City departments,
(3) Approve, conditionally approve or disapprove tenta-
Waive the requirement for filing and recordation of
20.24.100 Assignment of certain responsibilities to City
The responsibilities of the City Council pursuant to Engineer.
Sections 66473.5, 66474, 66474.1 and 66474.6 of the Subdivision Ma
Act are hereby assigned to the City Engineer with respect to those tentative parcel maps filed pursuant to this chapter.
20.24.110 Action of the City Engineer. Within five work-
ing days after a tentative parcel map has been filed, the City Engineer shall transmit copies of said map together with accom- panying information to such public agencies and public and private utilities as the City Engineer determines may be concerned. Each
of the public agencies and utilities may, within ten working days
after the map has been sent to such agency, forward to the City
Engineer a written report of its findings and recommendations ther
on.
20.24.120 Consideration of tentative parcel map--Notice of decision. (a) Within 50 calendar days after a tentative
parcel map is filed, the City Eizcineer shall approve, condition- ally approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant
and the City Engineer. If the tentative parcel map is disapprovec
the reasons therefor shall be stated in the notice of disapproval,
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(b) The City Engineer shall notify the subdivider of his
preliminary decision to conditionally approve or disapprove a
tentative parcel map, along with the conditions of conditional
approval or the reasons for disapproval, within 40 days after said
tentative parcel map is filed. If the applicant is dissatisfied
with such preliminary decision or with any condition pertaining
thereto, he may request in writing that such preliminary decision
be reviewed. Such request must be received by the City Engineer within ten calendar days after the date of the preliminary deci- sion but in no case later than 49 calendar days after the tenta- tive parcel map is filed. Upon receipt within the time prescribed of said written request for review of a preliminary decision, the City Engineer
shall arrange a time and place for such review and shall notify the applicant and appropriate City departments and agencies there-
of. In the event that a review cannot be arranged or completed prior to 50 days after the tentative parcel map is filed, the request for review shall be deemed to constitute consent of the
applicant to extend for a reasonable period not to exceed ten
working days the time limit in which the City Engineer must ap-
prove, conditionally approve or disapprove the tentative parcel
map. After completion of the review, the City Engineer shall
render his final approval, conditional approval or disapproval of
the tentative parcel map as provided in this section.
within the time prescribed, the preliminary decision shall become
final and the subdivider shall be so notified as provided in this
section. (c) The subdivider shall be informed of the preliminary
decision and of the final decision of the City Engineer by writ-
ten notice. Notice shall be deemed to have been given upon de-
posit of the notice in the United States mail with postage thereon
prepaid.
In the event no written request for review is received
20.24.130 Disapproval of tentative parcel map. The City
Engineer shall not approve a tentative parcel map under any of the
following circumstances :
which was part of a parcel map which was approved or recorded
less than two years prior to the filing for approval of the sub- ject tentative parcel map where the total number of lots created
by all maps exceeds four.
created illegally, unless said lot or parcel has been approved by the City Engineer or,on appea1,by the City Council and a certifi-
cate of compliance relative thereto has been filed with the County
Recorder.
The City Engineer finds that the tentative parcel map
(1) The land proposed for division is a lot or parcel
(2) The land proposed for division is a lot or parcel
(3) The subdivision proposes creation of five or more lots
(4)
(5) The land proposed for division is a lot or parcel
does not meet the requirements of this title.
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that was part of an approved tentative parcel map wherein the
parcel map requirement was waived pursuant to provisions of this
division and a certificate of campliance has been filed with the County Recorder pursuant to chapter 20.48 of this title.
applicable general and specific plans.
subdivision is not consistent with the applicable general and
specific plans.
(c) That the site is not physically suitable for the type of development. (a) That the site is not physically suitable for the proposed density of development.
(e) That the design of the subdivision or the pro- posed improvements are likely to cause substantial environmental
damage or substantially and avoidably injure fish or wildlife or
their habitat.
(f) That the design of the subdivision or the type
of improvements is likely to cause serious public health problems.
(9) That the design of the subdivision or the type of improvements will conflict with easements of record or easement:
established by court judgment, acquired by the public at large,
for access through or use of property within the proposed subdivi-
sion. In this connection, the City Engineer may approve a map if he finds that alternate easements, for access or for use, will be
provided, and that these will be substantially equivalent to ones
previously acquired by the public.
(6) The City Engineer makes any of the following findings:
(a) That the proposed map is not consistent with
(b) That the design or improvement of the proposed
20.24.140 Appeal to City Council. (a) The subdivider
may appeal any action of the City Engineer with respect to a tenta-
tive parcel map or adjustment plat to the City Council as provided
Section 66452.5 of the Subdivision Map Act.
from any decision of the City Engineer made relative to a tenta-
tive parcel map or adjustment plat. Any such appellant shall be entitled to the same notice and rights regarding testimony as appl;
to the subdivider under Section 66452.5 of the Subdivision Map Act
(c) The City Council shall hold a public hearing on the
appeal, and notice thereof shall be given as provided in Section 66451.3 of the Subdivision Map Act. Any interested person may
appear at such hearing and shall be heard.
the map within the time limits prescribed by the Subdivision Map
Act.
this title to the contrary notwithstanding, provided a finding is
made by the City Engineer or,on appea1,by the City Council that
the proposed subdivision complies with the requirements as to area improvement and design, flood and water drainage control, appro- priate improved public roads, sanitary disposal facilities, water
( b) Any interested person may appeal to the City Council
( d) The City Council shall hold the hearing and act on
20.24.150 Waiver of parcel map. (a) Other provisions of
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supply availability, environmental protection, and other require-
ments of this title and the Subdivision Map Act and provided
further that the subdivider complies with the public facilities
element of the general plan and the provisions of chapter 20.44
which would otherwise apply to the proposed subdivision. The
requirement that a parcel map be prepared, filed with the City
Engineer and recorded may be waived for the following types of
minor subdivisions:
or parcel contains a gross area of 40 acres or more, or each of
which is a quarter-quarter section or larger;
ing the lots resulting from such division;
or parcel was previously a legally created separate lot under
separate ownership but which subsequently came into the same
ownership as adjoining parcels such that the total quantity of
real property under the same ownership is shown on the latest
equalized County assessment roll as a unit or contiguous units.
(b) An applicant for a subdivision pursuant to subsec-
tions (a) (1) and (a) (2) of this section shall file a tentative
parcel map pursuant to this chapter together with a written requesi
that the parcel map requirement be waived. An applicant for a
subdivision pursuant to subsection (a) (3) of this section shall
pay the fee prescribed by section 20.08.060 for tentative parcel
maps and shall file an application and request for parcel map
waiver which shall contain sufficient information in the opinion
of the City Engineer to enable the City Engineer, or on appeal
the City Council, to make the finding required by this section.
The processing of any application pursuant to subsection (a) (3)
of this section shall be subject to the same time requirements
and appeal procedures as are provided in this title for tentative
parcel maps. In any case, where waiver of the parcel map is
granted by the City Engineer, or,on appea1,by the City Council,
the City Engineer shall cause to be filed for record with the County Recorder a certificate of compliance pursuant to chapter 20.48 of this title.
(1) A minor subdivision wherein each resulting lot
(2) A minor subdivision only for the purpose of leas-
(3) A minor subdivision wherein each resulting lot
20.24.160 Expiration of tentative parcel map. The ap-
proval or conditional approval of a tentative parcel map shall expire one year from the date the map was approved or condition- ally approved unless it is extended in accord with section : 20.24.180.
20.24.170 Time to file parcel map. Within one year after
the approval or conditional approval of the tentative parcel map, or within the period of any extension thereof, the subdivider may
file with the City Engineer a parcel map in substantial conformancl with the tentative parcel map as approved or conditionally approve(
and in conformance with the Subdivision Map Act and this title.
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20.24.180 Extension of tentative parcel map. (a) The
subdivider may request an extension of the tentative parcel map
approval or conditional approval by written application to the
City Engineer. Such application shall be filed at least 5 days anc
not more than 90 days before the approval or conditional approval is due to expire.
(b) At any time within 90 days of the expiration of the map the City Engineer may approve, conditionally approve or deny
the requested extension. An extension shall not exceed one year
from the original expiration date.
granted. In granting an extension the City Engineer may impose
new conditions and may revise existing conditions. Any decision
by the City Engineer in regard to an extension may be appealed to
the City Council in accord with section 20.24.140.
Only one such extension may be
Chapter 20.28
MINOR SUBDIVISIONS--REQUIREMENTS
Sections:
20.28.010
20.28.020
20.28.030
20.28.040
20.28.050
20.28.060
20.28.070
20.28.080
20.28.090
20.28.100
20.28.110
Design of minor subdivisions.
Panhandle-shaped lots.
Dedication and access.
Waiver of direct access to streets.
Dedication procedure.
Required improvements.
Agreement to improve. Exemption from improvements.
Lien contract for improvements. Covenant not to oppose an improvement district. Monuments and flagging.
20.28.010 Design of minor subdivisions. Except as other- wise provided in this title, all minor subdivisions shall conform
to the lot design requirements of section 20.16.010 of this title.
20.28.020 Panhandle-shaped lots. Other provisions of
this title notwithstanding, panhandle-shaped or flag-shaped lots,
if permitted, shall have a minimum frontage of 20 feet on a dedi-
cated street. Panhandles may not serve as access to any lot
except the lot of which said panhandle is a part, nor shall any
panhandle have a length of more than two-thirds the distance from
the street on which the panhandle fronts to the rear lot line.
20.28.030 Dedication and access. No parcel map filed
pursuant to chapter 20.32 of this title shall be approved by the
City Engineer unless and until the following conditions have been
satisfied:
section 20.28.050 of this title, right-of-way for streets in
accordance with the circulation element of the general plan, any
(1) There shall be offered for dedication, pursuant to
34.
applicable master plans, specific plans or other officially adopted
street plans and the City of Carlsbad Standards within and adja- cent to the boundaries of the land to be subdivided.
subdivision shall be offered for dedication to a width of no less
than 42 feet. In the event that the offer of dedication for said
streets is to be accepted prior to final approval of the parcel
map, a strip of land one foot wide extending along the outer edge of said land offered for dedication may be required to be offered to the City for street purposes and over which access rights are relinquished.
cepted before final approval of the parcel map and which streets
are proposed to be terminated at the boundary of the minor subdi-
vision may be required to include a strip of land one foot wide extending across said street at its point of termination at said boundary which shall be portions of the adjacent lots, offered for street purposes and over which access rights are relinquished.
inlet, bay, estuary, lagoon, river, stream or by the Pacific Ocean, there shall be a street along such inlet, bay, estuary, lagoon, river, stream or ocean front, or adequate public access to and along such boundary shall be provided or be made otherwise
available in lieu of such street or any combination as the City
Engineer may require to insure compliance with Chapter 4, Article
3.5 of the Subdivision Map Act.
be offered for dedication in the manner prescribed by section
20.28.050 of this title as required by the City Engineer when he determines that such offers of dedication are necessary to serve the subdivision and/or are a reasonable and logical extension of
such facilities as exist in the vicinity.
(2) Streets which are proposed on the boundaries of a
(3) Offers of dedication for streets which will be ac-
(4) Whenever any land to be subdivided is bounded by an
(5) Easements for public utilities and drainage-ways shall
20.28.040 Waiver of direct access to streets. The City
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terminated. Any such dedication or offer of dedication shall be
free of any burden or encumbrance which would interfere with the
purposes of which the dedication or offer of dedication is requirei
The subdivider shall provide a current preliminary title report or
equivalent proof of title satisfactory to the City Engineer. The
City Engineer is authorized to accept dedications or offers of dedication or to reject such offers on behalf of the City of Carlsbad.
20.28.060 Required improvements. As a condition pre-
cedent to the approval of a parcel map for a minor subdivision
filed pursuant to the Subdivision Map Act and this title, it shall
be required that the subdivider: (I) Improve in accordance with City of Carlsbad Standards
all rights-of-way offered for dedication for street purposes
whichareaccepted by the City prior to the approval of the parcel
map.
(2) Install other improvements and facilities in accord-
ance with the requirements set forth in section 20.16.040 of this
title.
20.28.070 Agreement to improve. Unless the City Engineer
requires the subdivider to construct improvements prior to parcel
map approval, the subdivider may elect to agree to construct im-
provements or to otherwise comply with the requirements of this
title and with the conditions of approval of the tentative parcel map. In such case the subdivider shall provide improvement secur- ity in accord with sections 20.16.070, 20.16.080, 20.16.090 and
20.16.100 of this title. In addition, the subdivider shall pre-
pare and deposit with the City Clerk detailed plans and specifica-
tions of the improvements to be constructed, and such plans and
specifications shall be made a part of any such agreement and of
the improvement security. The City Manager is authorized to
execute such agreements on behalf of the City of Carlsbad.
20.28.080 Exemption from improvements. Other provisions of this title to the contrary notwithstanding, the following
minor subdivisions shall not be subject to the public improvement or dedication requirements of this chapter except insofar as is
necessary to comply with the Subdivision Map Act, including Sections 66426 and 66428 thereof:
parcels, each of a gross area of 40 acres or more or each of which
is a quarter-quarter section or larger.
purposes only.
constructing or agreeing under section 20.28.070 to construct any
required improvements, the City Engineer may require the subdivid-
er to enter into an agreement with the City of Carlsbad to con-
(1) Any parcel or parcels of land divided into lots or
(2) The creation of not more than two lots for financing
20.28.090 Lien contract €or improvements. In lieu of
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struct the improvements in the future, and require the subdivider to grant the City a lien on the property to be divided securing
such future improvements. The lien granted under authority herein may be used to secure future improvements in easements, rights-of- way or irrevocable offers of dedication or any other improvements or conditions of the map. The City Manager is authorized to sign
such agreements on behalf of the City of Carlsbad. 41
20.28.100 Covenant not to oppose an improvement district. 5// In connection with a lien contract under section 20.28.090 the
7 not to oppose the formation of an improvement district.
Manager is authorized to sign such covenants on behalf of the City of Carlsbad.
The City
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20.32.010 Maps to conform to requirements of City Engin- eer and City Council.
ments of the Subdivision Map Act and this chapter and also shall
conform to the requirements specified in the report of the City
Engineer approving or conditionally approving the tentative parcel
map, unless an appeal is made by the subdivider to the City Council
and the City Council modifies, rejects or overrules the recommenda-
tions of the City Engineer, in which event the map also shall
conform to the requirements of the City Engineer as modified by
the City Council and the requirements imposed by the City Council.
All parcel maps shall conform to the require-
20.28.110 Monuments and flagging. Every parcel map shall
show monuments which shall be set by a licensed surveyor or engin- eer in accordance with section 20.16.050 of this title provided
that 2-inch iron pipes at least 24 inches long for exterior bound-
ary monumentation are not required unless the City Engineer deter-
mines that the exterior boundary cannot be adequately monumented
by monuments of a lesser standard, and further provided that monu-
mentation of the exterior boundary of a remainder parcel need not be placed or shown on the parcel map.
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Chapter 20.32
I PARCEL MRP REQUIREMENTS
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20.32.020 City Engineer to approve maps. No parcel map
shall be filed with the County Recorder until said map has been approved by the City Engineer. A parcel map may not be filed for
a portion of an approved tentative parcel map.
20.32.030 Land subject to inundation. Lots or portions of lots shown on a parcel map which are subject to inundation as determined by the City Engineer shall be identified and so labelec
20.32.040 Additional certificates on parcel maps. In
addition to the certificates and other material required by the
Subdivision Map Act and this title, a parcel map shall bear the
following certificates:
(1) A certificate by the C.ity Engineer that the map com- plies with all the provisions of this title and conforms to the
approved tentative parcel map or, in the case of a parcel map for
a major subdivision filed pursuant to section 20.20.050 of this title, to the approved tentative map.
not appear to be a map of a major subdivision for which a final
map is required pursuant to Section 66426 of the Subdivision Map
Act.
(2) A certificate by the City Engineer that the map does
(3) A certificate as required by section 20.20.110(9).
(4) A dedication certificate as required by section
(5) An engineer's/surveyor's certificate shall be pro-
20.20.110(10).
vided in accordance with Section 66449(a) of the Subdivision Map
Act.
(6) A recorder's certificate shall be provided in accord-
ance with Section 66449(b) of the Subdivision Map Act.
(7) to his acceptance or rejection on behalf of the public of all dedi.
cations shown thereon.
A certificate signed by the City Engineer attesting
20.32.050 Title company subdivision guarantee. There shall be filed with the City Engineer a subdivision guarantee from
a qualified title insurance company which guarantees that the part
ies named therein are the only parties having any record title
interest in the land subdivided. The title company shall, on the
date the parcel map will be transmitted to the County Recorder,
present to the County Recorder, pursuant to the requirements of Section 66465 of the Subdivision Map Act, a letter stating that at the time of filing of the parcel map in the office of the County
Recorder the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by Division 2 of Title 7 of the Government Code, as shown by the records in the office of the County Recorder.
20.32.060 Stamping or printing of certificates. The
affidavits, certificates, acknowledgments and approvals required
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or permitted by this chapter or the Subdivision Map Act to appear
upon parcel maps may be legibly stamped or printed upon the map
with opaque ink in such a manner as will guarantee a permanent
record in black upon the tracing cloth or polyester base film. If
ink is used on polyester base film, the base surface shall be coat
ed with a suitable substance to assure permanent legibility.
20.32.070. Additional data on.parce1 maps. Additional
data on parcel maps shall be as listed in section 20.20.060 of
this titie.
Chapter 20.40
REVERSIONS TO ACREAGE
Sections :
20.40.010
20.40.020
20.40.030
20.40.040
20.40.050
20.40.060
20.40.070
20.40.080 20.40.090
Reversions to acreage by final map.
Initiation of proceedings by owners.
Initiation of proceedings by City Council.
Data for reversion to acreage.
Proceedings before the City Council. Conditions of approval. Return of fees and deposits--Release of secur- i ties.
Delivery of final map.
Effect of filing reversion map with the County
Recorder.
20.40.010 Reversions to acreage by final map. Subdivided
property may be reverted to acreage pursuant to the provisions of
this chapter.
20.40.020 Initiation of proceedings by owners. Proceed- inss to revert subdivided property to acrease may be initiated by -- pefition of .all of the owners of ;ecord of the pGoperty. petition shall be in a form prescribed by the City Engineer. The
petition shall contain the information required by section 20.40.0l
and such other information as required by the City Engineer.
20.40.030 Initiation of proceedings by City Council. The
City Council at the request of any person or on its own motion may
by resolution initiate proceedings to revert property to acreage.
The City Council shall direct the City Engineer to obtain the
necessary information to initiate and conduct the proceedings.
20.40.040 Data for reversion to acreage. Petitioners
(1) Evidence of title to the real property, and
(2) Evidence of the consent of all of the owners of an
The -
for a reversion to acreage shall file the following:
interest(s) in the property, or
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(3) Evidence that none of the improvements required to be made have been made within two years from the date the final map
or parcel map was filed for record, or within the time allowed by
agreement for completion of the improvements, whichever is later,
or
map have been sold within five years from the date such final or parcel map was filed for record, or
20.12 of this title, or
of this title which delineates dedications which will not be vacat
ed and dedications required as a condition to reversion.
(4) Evidence that no lots shown on the final or parcel
A tentative map in the form prescribed by chapter
A final map in the form prescribed by chapter 20.20
(5)
(6)
20.40.050 Proceedings before the City Council. (a) A
public hearing shall be held before the City Council on all peti-
tions for, and City Council hitiations for, reversions to acreage.
Notice of the public hearing shall be given as provided in Sec-
tion 66451.3 of the Subdivision Map Act. The City Engineer may
give such other notice as he deems necessary or advisable.
only if it finds and records in writing that:
ed or abandoned by the reversion to acreage are unnecessary for
present or prospective public purposes;
erty within the subdivision have consented to reversion; or
have been made within two years from the date the final or parcel
map was 'filed for record, or within the time allowed by agreement
for completion of the improvements, whichever is later; or
were filed for record.
(b) The City Council may approve a reversion to acreage
(1) Dedications or offers of dedication to be vacat-
(i) All owners of an interest in the real prop-
(ii) None of the improvements required to be madc
(iii) No lots shown on the final or parcel map
20.40.060 Conditions of approval. The City Council may
(1) That the owners dedicate or offer to dedicate streets
(2)
require as conditions of the reversion:
or easements.
subdivision fees, deposits or improvement securities if the same
are necessary to accomplish any of the provisions of this title.
The retention of all or a portion of previously paid
20.40.070 Return of fees and deposits--Release of secur-
Except as provided in section 20.40.060, upon filing of tht ities.
final map for reversion of acreage with the County Recorder, all
fees and deposits shall be returned to the subdivider and all
improvement securities shall be released by the City Council.
20.40.080 Delivery of final map. After the hearing
before the City Council and approval of the reversion, the final
map shall be delivered to the County Recorder.
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20.40.090 Effect of filing reversion map with the
County Recorder. Reversion shall be effective upon the final map
being filed for record by the County Recorder. Upon filing, all
dedications and offers of dedication not shown on the final map
for reversion shall be of no further force and effect.
Chapter 20.48
ENFORCEMENT- -CERTIF I CATES OF COMPLIANCE
I 6 Sections: ii 20.48.010
20.48.020
20.48.030
20.48.040
20.48.050
20.48.060
20.48.070
20.48.080
Enforcement. Notice of violation. Development permits and approvals withheld.
Certificates of compliance.
Appeal.
Violations.
Severability.
Conflict--Approved maps.
20.48.010 Enforcement. Whenever the County Assessor or
the head of any City department finds that the provisions of this title or of the Subdivision Map Act have been violated, he shall report such violation to the Planning Director, the Director of
Building and Housing and the City Engineer. It shall be the duty of the City Engineer to investigate such report and enforce the provisions of this title and the Subdivision Map Act.
20.48.020 Notice of violation. Whenever the City Engin- eer has knowledge that real property has been divided, or has
resulted from a division in violation of the provisions of the
Subdivision Map Act or City ordinances enacted pursuant thereto applicable at the time such violation occurred, he shall cause to be filed for record with the County Recorder a notice of violation.
Such notice of violation, when recorded, shall be deemed to be
constructive notice of the violation to all successors in interest
in such real property.
20.48.030 Development permits and approvals withheld.
(a) No building permit, grading permit or any other permit shall
be issued or any approval granted that are necessary to develop any real property which has been divided or which has resulted frorf a division in violation of the provisions of the Subdivision Map
Act or City ordinances enacted pursuant thereto applicable at the time such division occurred unless the City Engineer or, on appeal, the City Council find that development of such real property is not contrary to the public health or the public safety. to deny such a permit or such approval shall apply whether the
applicant therefor was the owner of the real property at the time of such violation or whether the applicant therefor is the current
The authority
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owner of the real property with or without actual or constructive knowledge of the virolation at the time of the acquisition of his
interests in such real property.
Director of Building and Housing for a building permit for pro-
posed construction of more than one main building as defined in the zoning ordinance on any single lot or building site, the
Director of Building and Housing shall refer such application
together with the plot plan to the City Engineer for his determina-
tion as to whether such proposed construction would create a sub-
division. The Director of Building and Housing shall not issue
a building permit for such proposed construction unless the City Engineer has approved the plot plan and determined that the pro- posed construction would not constitute a violation of the Sub- division Map Act or this title.
Upon receipt of a written notification from the per-
mit issuing authority or the body authorized to grant approval
that a permit or approval is being sought to develop real prop-
erty which has been subdivided or which has resulted from a divi- sion in violation of the Subdivision Map Act or City ordinances
enacted pursuant thereto or upon receipt of a written request from the owner of such real property, the City Engineer or, on appeal,
the City Council shall determine whether such real property is or is not approved for development and shall so inform the owner
thereof and the authority or body which has originated said noti-
fication. If it is determined that such real property is approved for development, the City Engineer or the City Council, whichever
has made such determination, may impose such conditions as would have been applicable to the division of the property at the time the current owner of record acquired the property and are appro-
priate to satisfy public health and safety considerations and
. other considerations as are hereinafter specified, and the City
Engineer shall cause a certificate of compliance relative to the
subject real property and reflecting such conditions to be filed
with the County Recorder pursuant to section 20.48.040 of this
chapter.
approval should be granted for development of real property divided
or resulting from a division in volation of the Subdivision Map Act or City ordinances enacted pursuant thereto, the City Engineer
or the City Council shall give consideration to:
scind the agreement by which he acquired the real property and
recover the consideration paid therefor,
of the applicable zoning regulations,
potable water supply,
City or County maintained road,
(b) Whenever any person submits an application to the
(c)
(d) In determining whether approval or conditional
(1) Whether the owner of the real property can re-
(2) Whether the real property meets the requirements
(3) Whether the real property has a satisfactory
(4) Whether the real property has legal access to a
(5) Whether the current owner would have been re-
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quired to dedicate land for any public purpose or construct or
install any improvements pursuant to the terms of the Subdivision
Map Act or City ordinances enacted pursuant thereto had the sub- division by which said real property was created been submitted
for approval at the time the current owner acquired the property.
20.48.040 Certificates of compliance. (a) Any owner of
real property may request in writing that the City Engineer make a
determination whether such real property complies with applicable
provisions of the Subdivision Map Act and City ordinances enacted
pursuant thereto, or that such real property does not comply with
said provisions,and the City Engineer shall so notify the owner
thereof setting forth the particulars of such compliance or non-
compliance.
ance with the Subdivision Map Act and City ordinances enacted pursuant thereto, the City Engineer shall cause a certificate of
compliance relative to such real property to be filed for record with the County Recorder. (b) Certificates of compliance shall be issued only for real property that:
(1) Was divided or resulted from a division in
compliance with City ordinances regulating the division of real
property and the Subdivision Map Act applicable at the time such real property was divided or resulted from such division, or
section 20.48.030 of this chapter. Such certificates of complianc
may be granted subject to conditions as specified in section
20.48.030, and such conditions may be fulfilled and implemented
by the property owner who has applied for a certificate of compli- ance or by a grantee of such property owner. If such conditions
are not fulfilled or implemented by the applicant property owner
or the grantee, the certificate of compliance shall have no force
or effect upon any subsequent transfer of the property, and any
subsequent transferee or assignee shall make a new application for
a certificate of compliance, and said certificate of compliance
shall be subject to such conditions as would have been applicable
at the time such assignee or transferee acquired the property.
In any case, no permit or other approval necessary to develop said
real property shall be issued or granted until such conditions have been fulfilled and implemented, or
ment for preparing, filing and recording a parcel map has been waived pursuant to section 20.24.150 of this title.
(c) A recorded final subdivision map or recorded parcel
map shall constitute a certificate of compliance with respect to
the lots described therein, and no additional certificates of
compliance shall be issued therefor.
If the subject real property is found to be in compli
(2) Has been approved for development pursuant to
(3) Has been approved for division, and the require-
20.48.050 Appeal. Any interested person may appeal any action of the City Engineer pursuant to this chapter to the City Council as provided in section 20.24.140 of this title.
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20.48.060 Violations. Any person violating any of the
provisions of this title shall be guilty of a misdemeanor and
shall be subject to imprisonment for a period not exceeding six
months and a fine not exceeding $500, or by both such imprison-
ment and such fine.
20.48.070 Severability. If any provision of this title or the application thereof to any person or circumstances is held
invalid, such invalidity shall not affect other provisions or
applications of this chapter which can be given effect without the
invalid provision or application thereof, and to this end the
provisions of this title are severable.
20.48.080 Conflict--Approved maps. The provisions of
the Subdivision Map Act as defined in this title and anv amendment: thereto, and this title shall not apply to any map whicg has been
approved pursuant to the Subdivision Map Act as it was in effect
on February 28, 1975, and the predecessors to this title as they were in effect on February 28, 1975. Such maps shall be processed under the law which applied to them at the time of such approval
provided the subdivider completes the subdivision process within
the period of the initial approval of the map or any extension
granted prior to March 1, 1975, or by March 1, 1976, whichever
occurs first. Any map for which an extension is granted after
March 1, 1975, shall comply with the provisions of this title. Notwithstanding the fact that a map or request for extension there,
of was filed prior to March 1, 1975, such map or request for ex-
tension shall comply with the provisions of this title if it has
not been approved prior to March I, 1975."
SECTION 3: This ordinance is declared to be an ordinance
necessary for the immediate preservation of the public peace,
health and safety within the meaning of Section 36937 of the
Government Code and shall take effect immediately. The facts
constituting such urgency are as follows:
The Subdivision Map Act has been extensively amended by
Statute 1974, Chapter 1536, which included removal of its pro-
visions from the Business and Professions Code and reenactment
with substantial changes in structure and complete renumbering of
sections into the Government Code to become operative on March 1,
1975. This ordinance proposes changes to make existing provisions
44.
Df the City of Carlsbad Municipal Code consistent with the new
Subdivision Map Act.
as an urgency measure, it will not be effective for a period of
30 days after adoption,during which time confusion and uncertainty
will result due to the nonconformity of existing City ordinances
with state law.
If this ordinance is not adopted immediately
EFFECTIVE DATE: This ordinance shall be effective imme-
diately on adoption, and the City Clerk shall certify to the
adoption of this ordinance and cause it to be published at least
once in the Carlsbad Journal within fifteen days after its adop-
tion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 18th day of March , 1975,
and thereafter
PASSED AND ADOPTED at a regular meeting of said Council
held on the 1st day of April , 1975, by the following
vote, to wit:
AYES: Councilmen Frazee, Chase, Lewis, Skotnicki and
NOES: None
ABSENT:None
Councilwoman Casler
ATTEST :
(SEAL)
8 2" gqdAznd ADAM , City Clerk
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