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HomeMy WebLinkAbout1980-04-15; City Council; 9549; CMC 20/21 amends - Land subdivision regs revised1 2 3 4 E CI E r 1 8 9 10 11 1' 21 2 2 2 24 25 2€ 2'; 2E ORDINANCE NO. 9549 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLES 20 AND 21 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS THEREOF TO REVISE THE REGULATIONS FOR THE SUBDIVISION OF LAND. The City Council of the City of Carlsbad, California does ?reby ordain as follows: SECTION 1: That Title 20, Chapter 20.04 of the Carlsbad micipal Code is amended by the addition of Sections 20.04.120 nd 20.04.130 to read as follows: "20.04.020 Designated remainder parcel. When a subdivision, s defined in Section 20.04.020, is of a portion of any unit or nits of improved or unimproved land, the subdivider may designate s a remainder that portion which is not divided for the purpose f sale, lease, or financing. A note shall be placed on the final ap or parcel map providing that a building permit will not issue or such parcel until it is further subdivided in accordance ith this title. 20.04.130 Consideration of housing needs. In making ecisions pursuant to this title, the decision maker shall onsider the effect of that decision on the housxng needs If the region and balance those needs against the public service .eeds of its residents and available fiscal and environmental .esources. SECTION 2: That Title 20, Chapter 20.08 of the Carlsbad lunicipal Code is amended by the addition of Section 20.08.035 ;o read as follows: "20.08.035 Tentative map litigation stay fee. At the time if filing a request for a stay with the City Engineer, there shall be paid to the Engineering Department a litigation stay ?recessing fee equal to one-quarter of the fee prescribed in Section 20.08.010 for such tentative map." SECTION 3: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.100 to read as follows: "20.12.100 Expiration of tentative maps. (a) The-approval 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 or conditional approval of a tentative map shall expire eighteen months from the date the map was approved or conditionally approved unless it is extended in accord with Section 20.12.110 of this chapter. Within such eighteen 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. any period of time during which a water or sewer moratorium, imposed after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five years. valid for the same period of time as was left to run on the map at the time that the moratorium was imposed; provided, however, that if such remaining time is less than one hundred twenty days, the map shall be valid for one hundred twenty days following the termination of the moratorium. include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of such time period is approved by the City Council pursuant to this subsection. in writing with the City Engineer within ten days of the service of the initial petition or complaint in such lawsuit. The application shall state the reasons for the requested stay and include the names and addresses of all parties to the litigation. The City Engineer shall notify all parties to the litigation of the date when the application will be heard by the City Council. Within forty days after receiving such application, the City Council shall approve or conditionally approve the stay for up to five years or deny the requested stay. tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map. I' (b) The period of time herein specified shall not include Once such a moratorium is terminated, the map shall be (e) The period of time specified in subsection (a) 'sha1.L not An application for a stay must be filed by the subdivider (d) The expiration of the approved or conditionally approved SECTION 5: That Title 20, Chapter 20.16, of the Carlsbad Municipal Code is amended by the amendment of Section 20.16.040 by a6diinij Subsection (h) and by the amendment of Section 20.16.060 to read as follows: "(h) If improvements are required for a designated remainder parcel, the fulfillment of such requirements by the construction of improvements shall not be required until such time as a building or grading permit for development of the parcel is issued by the City or until such time as the construction of such .. 1 2 3 4 5 6 7 8 9 1c 11 12 D 1s 2c 21 2: 22 24 2: 2E 27 2E improvements is required pursuant to an agreement between the subdivider and the City. In the absence of such an agreement, :he City Council may require fulfillment of some or all of such Zonstruction requirements within a reasonable time following ipproval of the final map and prior to the issuance of a building >r grading permit for the development of a remainder parcel ipon a finding that fulfillment of the construction requirements is necessary for reasons of public health and safety or that the Zonstruction is a necessary prerequisite to the orderly development >f the surrounding area. 20.16.060 Agreement to improve. Unless the city council requires the subdivider to construct improvements prior to Einal 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 zontract to initiate and consummate special assessment district oroceedings in lieu of constructing improvements, as provided in section 66462 of the Subdivision Map Act. ionsents, or the City Council requires pursuant to Section 20.16.040, the agreement may provide for the improvements for a ilesignated remainder parcel prior to issuance of a building or grading permit for such parcel. In addition, the Subdivider shall prepare and deposit with the City Clerk detailed plans and specifications of the improvements to be constructed or the zonditions 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. authorized to sign such agreements on behalf of the city." If the Subdivider The City Manager is SECTION 5: That Title 20, Chapter 20.20, Section 20.20.060 of the Carlsbad Municipal Code is amended by the addition of Subsection (7) to read as follows: "(7) Indicate the exterior boundary of the land included within the subdivision by distinctive symbols and clearly so designate. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. The location of a designated "remainder" parcel shall be indicated, but need not be indicated as a matter of survey but only by deed reference to the existing boundaries of such remainder if such remainder has a gross area of five acres or more." SECTION 6: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the amendment of Section 20.44.020 to read as follows: "20.44.020 Applicability of chapter. The provisions of this chapter shall apply to all subdivisionsas that phrase is defined in the SubdibisFon Map Act except industrial- subdivisions; 3. *. 1 2 3 4 5 6 7 8 9 LO 11 12 D 19 20 21 22 23 24 25 26 27 28 condominium or stock cooperatives projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added; subdivisions containing less than five parcels for a shopping center containing more than three hundred thousand square feet of gross leaseable area and no residential developments and uses; or subdivisions containing less than five parcels and not used for residential purposes, provided if a building permit is requested for residential purposes within four years of recordation of the parcel map the owner requesting such permit shall pay park-in-lieu fees as a condition to the issuance of such permit." SECTION 7: That Title 21, Chapter 21.47, of the Carlsbad Municipal Code is amended by the amendment of Section 21.47.150, by the addition of Subsection (c), and by the amendment of Section 21.47.160 to read as follows: "(c) An application to convert an existing building to a stock cooperative shall be approved, conditionally approved or disapproved within one hundred twenty days following receipt of a completed application. 21.47.160 Notice to tenants of existing buildings being converted to condominiums. In addition to a11 other required findings for a subdivision, the city council shall find that: community apartment or stock cooperative project has been or will be given one hundred twenty days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall no1 alter or abridge the rights or obligations of the parties in performance of their covenants, including, but not limited to the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the Civil Code. community apartment or stock cooperative project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or tems more favorable to the tenant. The right shall run for a period of not less than sixty days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right. (1) Each of the tenants of the proposed condominium, (2) Each of the tenants of the proposed condominium, EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be 4. published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 1st day of April 1980 and thereafter , PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of April , 1980 by the following vote, to wit: AYES : NOES: None Councilmen Packard, Lewis, Anear and Councilwomen Cas1 er and Kul chin ABSENT: None ATTEST : (SEAL) 5.