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HomeMy WebLinkAbout1981-10-06; City Council; 9602; CMC 20 amends - Subdivision procedures consistent with subdivision map actY ,- ** 1 2 3 4 5 6 7 8 9 IC 11 15 2( 21 2; 21 24 2: 2t 2: 2t 0 L) ORDINANCE NO. 9602 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO REVISE THE CITY'S SUBDIVISION PROCEDURES CONSISTENT WITH THE SUBDIVISION MAP ACT. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 20, Chapter 20.04, Section 20.04.020 of the Carlsbad Municipal Code is amended by the amendment of Subsection (19)(A) and the addition of Subsection (19)(F) to read as follows: "(A) The financing or leasing of apartments, offices, stores or similar space within a duplex, multiple dwelling, apartment building, industrial building, commercial building, mobilehome park or trailer park. parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the financing or leasing is not subject to review under this title or any other title of the Carlsbad Municipal Code regulating design and improvement. of existing separate commercial or industrial buildings on a single parcel. The financing or leasing of any The financing or leasing (F) Any separate assessment under Section 2188.7 of the Revenue and Taxation Code." SECTION 2: That Title 20, Chapter 20.04, Section 20.04.040 of the Carlsbad Municipal Code is amended by the amendment of Subsection (b)(l) to add the following words immediately after the word "park" in that section: "or to any parcel of land or portion thereof in conjunction with the construction of commercial or industrial buildings unless the project is not subject to review under other provisions of this code, or to exiting separate commercial or industrial buildings on a single parcel." SECTION 3: That Title 20, Chapter 20.04, of the Carlsbad Municipal Code is amended by the amendment of Section 20.04.050(b) to replace the word "substitution" with the word 1 4 5 E 7 E s 1c 13 1! 2( 2: 2, 2 2 2 2 2 2 "subdivision" in the second sentence thereof . SECTION 4: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the amendment of Section 20.04.055(b) to read as follows: "(b) Any lots created prior to January 1, 1979, pursuant to this title or any predecessor, or which are buildable lots as defined by Section 21.46.210 of the zoning Drdinance of the city and which merged pursuant to the Subdivision Map Act and have not been deemed merged pursuant to this section or any of its predecessors, are exempted from the nerger provisions of this section and such lots shall be deemed unmerged and separate parcels as provided in Section 66424.2(b) .I1 SECTION 5: That Title 20, Chapter 20.04 of the Carlsbad Yunicipal Code is amended by the amendment of Section 20.04,080(c) to add the words "or planning commission" after the dords "city council" in the first sentence of the second ?aragraph thereof. SECTION 6: That Title 20, Chapter 20.08 of the Carlsbad Yunicipal Code is amended by the addition of Section 20.08.015 to read as follows: "Tentative map appeal fee. A tentative map appeal fee in an amount established by city council resolution shall be ?aid at the time an appeal is filed with city clerk." SECTION 7: That Title 20, Chapter 20.08 of the Zarlsbad Municipal Code is amended by the addition of Section 20.08.045 to read as follows: "20.08.045 Notice fees, The subdivider shall pay a fee to cover the cost incurred by the City in giving any notice or providing any report required by this title or the Subdivision Map Act." SECTION 8: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the addition of Section 20.12.065 to read as follows: 2. a. 1 2 3 4 5 6 7 e 9 1c 11 12 D a 1: 2( 21 2: 2: 21 2f 2t 2: 2t "20.12.065 Proof of notice--major subdivisions. Whenever the subdivider is reauired bv this title or the Subdivision Map Act to give any notic;! or provide any report or information to any person other than the city, the subdivider shall submit proof, sufficient to allow the planning commission or the city council to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty of perjury." SECTION 9: That Title 20, Chapter 20.12, Section 20.12.070 of the Carlsbad Municipal Code is amended by the amendment of Subsection (c) to read as follows: "(c) The Planning Director shall prepare a staff report to the planning commission containing recommendations regarding the tentative map. A copy of the staff report and recommendations shall be furnished to the subdivider and to each tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project at least three days prior to any hearing or action on such map by the planning commission. SECTION IO: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Sections 20.12.080 and 20.12.090 and by the addition of Sections 20.12.091, 20.12.092, and 21.12.093 to read as follows: "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 all tentative maps. Any interested person may appear at the hearing and shall be heard; (2) Investigate the design and improvements proposed for each subdivision on the tentative maps filed with it and at the conclusion of the hearing on the map: (A) Approve, conditionally approve or disapprove the map for subdivisions of fifty or fewer lots or units, or (B) For subdivisions of more than fifty lots or units, make a report with respect to the design of the subdivision and the kind, nature and extent of the proposed improvements to the city council. conditionally approves or disapproves a tentative map, it shall take such action within the time limit specified in the Subdivision Map Act and shall announce its decision by resolution. Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this title, of the kind, nature and extent of any 3, (3) Whenever the planning commission approves, 1 2 3 4 5 6 7 LC 17 12 9 l! 2( 2: 2; 2; 24 21 2( 2' 2; improvements required to be constructed or installed in or to serve the subdivision. Any decision to disapprove a tentative map shall be accompanied by a finding, identifying the requirements or conditions which have not been met or performed, If the planning commission fails to act within the required time limit, the tentative map as filed shall be deemed approved, insofar as it complies with all applicable requirements of Titles 19, 20, 21 or other parts of this code. (4) Whenever the planning commission reports on a tentative map, the commission shall make its report within the time limits specified in the Subdivision Map Act. The report shall include findings and recommendations on the findings required by the Subdivision Map Act. (5) Whenever the planning commission approves or conditionally approves or recommends approval or conditional approval of a tentative map, it shall also establish or 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 prescribe the kind, nature or extent of the improvements to be constructed or installed, improvements shall be constructed and installed in accordance with the city standards. conditionally approves a tentative map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of fees under any of the provisions of Sections 20.08.130 or 20.08.140; Chapter 20.09; or Sections 20.16.041, 20.16.042 or 20.16.043, the map shall be forwarded to the city council which shall hold a public hearing on the issue of the improvements. (6) Whenever the planning commission approves or 20.12.090 City council action, (a) When a report on a tentative map is filed with the city clerk, the clerk is 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 reporting on the map, or on the agenda of the first council meeting within thirty days after the planning commission considered the map if the planning commission has not adopted its resolution within that time, (b) The city council shall hold a public hearing on the tentative map. Any interested person may appear at such hearing and shall be heard. (c) The city council shall review the planning commission's report on a proposed tentative map, shall consider the matter 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 resolution. Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this title, of the 4. -. 1 2 3 4 5 6 7 a 9 10 11 12 s 1: 2c 21 2; 21 21 2f 2t 2'; 2t kind, nature and extent of any improvements required to be constructed or installed in or to serve the subdivision. Any decision to disapprove a tentative map shall be accompanied by a finding, identifying the requirements or conditions which have not been met or performed. If the city council fails to act within the required time limit, the recommendations of the planning commission regarding the tentative map shall be deemed to be the decision of the city council in regard thereto. 20.12.091 Required findings. (a) The planning commission or city council shall not approve or conditionally approve a tentative map unless they find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plans, and any applicable provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued. Approval or conditional approval of a map may be given concurrently with any approval or permit required by Title 21. (b) The planning commission and city council shall not approve or conditionally approve a tentative map if they make any of the following findings: applicable general and specific plans, and with applicable provisions of Title 21; proposed subdivision is not consistent with applicable general and specific plans, and with applicable provisions of Title 21; (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 proposed improvements are likely to cause substantial (1) That the proposed map is not consistent with (2) That the design or improvement of the /// /// /// /// /// /// /// /// /// /// /// 5. 1 2 3 4 5 6 7 e 9 ZC 11 15 2c 21 2: 21 24 2: 2t 2: 2E environmental damage or substantially and avoidably injure fish or wildlife or their habitat; type of improvements are likely to cause serious public health problems ; type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. 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; Environmental Quality Act have not been met; perform any of the requirements or conditions of this title or the Subdivision 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; property to condominiums, community apartments or stock cooperatives, that all required notices and reports to tenants have not been or will not be sent as required by law. (6) That the design of the subdivision or the (7) That the design of the subdivision or the (8) That all requirements of the California (9) That the proposed map fails to meet or (10) In the case of conversions of residential real 20.12.092 Required notices. (a) Whenever a public hearing is required to be held pursuant to the provisions of this title or the Subdivision Map Act, notice of the hearing shall be given as provided in Section 66451.3 of the Government Code. section (a), notice shall be given to all property owners shown on the last equalized assessment roll as owning property within 300 feet of the project by direct mailing or by delivery by means other than mailing. The notice shall be given within the time limits established by Subsection (a). (b) In addition to the notice required by Sub- 20.12.093 Appeal of planning commission decision. (a) The subdivider, any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, or any other interested person may appeal, from any action of the planning commission with respect to a tentative map, to the city council. within fifteen days after the action of the planning commission from which the appeal is being taken. set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final. Any such appeal shall be filed with the city clerk Upon the filing of an appeal, the city clerk shall /// 6. 1 2 3 4 5 6 7 a 9 10 11 IS 2c 21 22 2: 24 25 2€ 27 2E (b) The decision of the city council shall be consistent with the provisions of this code and the Subdivision Map Act and shall be supported by appropriate findings. (c) If the city council fails to act on an appeal within the time limits specified in this section, the appeal shall be deemed denied." SECTION 11 : That Title 20, Chapter 20.12, of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.110(b) to insert the words "or planning commission for tentative maps which it is authorized by this title to approve or conditionally approve" after the words "city council" wherever they appear in the subsection. SECTION 12: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.120 to insert: the words "or planning commission for tentative maps which it is authorized by this title to approve or conditionally approve" after the words "city council" wherever they appear in the section. SECTION 13: That Title 20, Chapter 20.16 of the Carlsbad Municipal Code is amended by the addition of Section 20.16.025 to read as follows: "20.16.025 Conversion of mobilehome parks. (a) At the time of filing a tentative map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a plan specified by Section 66427.4 of the Government Code . mobilehome park, the plan specified in Subsection (a) shall include the report specified by Section 21.37.110(b)(3) of this code. displaced mobilehome park residents, the plan shall address the availability of adequate replacement space in mobilehome parks. The subdivider shall make a copy of the plan available to each resident of the mobilehome park at least fifteen days prior to the hearing on the map by the planning commission. If Chapter 21.37 applies, the subdivider shall also provide all notices required by Section 21.37.120 of this code. The planning (b) If the provisions of Chapter 21.37 apply to the (c) In determining the impact of the conversion on 7. 1 2 3 4 5 6 7 e 9 1c 11 1I 2( 2: 2: 2: 2d 21 2( 2' 2r commission or city council may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park, and shall make all the findings required by Section 21.37.120 applicable." SECTION 14: That Title 20, Chapter 20.16 of the Carlsbad Municipal Code is amended by the amendment of Section 20.16.043 to add the words "or Chapter 20.09" after the words "as set forth in Chapter 20.08." SECTION 15: That Title 20, Chapter 20.20 of the Carlsbad Municipal Code is amended by the amendment of Section 20.20.010 to insert the words "planning commission or" before the words "city council." SECTION 16: That Title 20, Chapter 20.20 of the Carlsbad Municipal Code is amended by the amendment of Section 20.20.020(d) to read as follows: "(a) The city council shall not approve a final map for a subdivision to be created from a conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all of the following: condominium project, community apartment project, or stock cooperative project has received written notification of intention to convert at least sixty days prior to the filing of a tentative map. There shall be a further finding that each such tenant and each person applying for the rental of a unit in such residential real property has or will have received all applicable notices and rights now or hereafter required by this title or the Subdivision Map Act. In addition, a finding shall be made that each tenant has received ten days written notification that an application for a public report will be or has been submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail." condominium project, community apartment project, or stock cooperative project has been or will be given written notification within ten days of approval of a final map for the proposed conversion. condominium project, community apartment prolect, or stock (1) Each of the tenants of the proposed (2) Each of the tenants of the proposed (3) Each of the tenants of the proposed 8. -. 1 2 3 4 5 6 7 e 9 1c 11 12 n d E 3 1E 1s 2c 21 22 22 24 2t 2E 27 2E cooperative project has been or will be given one hundred-eighty 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 not 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 194.1 of the California Civil Code. condominium project, community apartment project, or stock cooperative project has been or will be given notice of an exclusive right to contract for the purchase of his or her respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety 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. (5) This section shall not diminish, limit or expand, other than as provided herein, the authority of the city council to approve or disapprove condominium projects." (4) Each of the tenants of the proposed SECTION 17: That Title 20, Chapter 20.20, Section 20.20.020 of the Carlsbad Municipal Code is amended by the amendment of Subsection (c) to read as follows: "(c) Multiple final maps may be filed for portions of the tentative map provided that the tentative map approval by the city council, or planning commission when authorized, divides the subdivision into units and the final map substantially conforms to one or more of such units and complies with all conditions applicable to such units. When dividing a subdivision into units, the city council or planning commission shall insure that the design and improvement of each unit are consistent with the provisions of this title." SECTION 18: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the amendment of Section 20.24.115 to replace the word "latest" with the word "last" and to delete the words "and persons in possession, if different", and by the addition of the following language at the end of the section: "Whenever a tentative parcel map is for the conversion of existing residential real property to a condominium project, community apartment project or stock cooperative project the 9. 1 2 3 4 5 6 7 e 9 1c 11 IS 21 2; 21 21 2: 2: notice required by this section shall be sent to all tenants of the project." SECTION 19: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the addition of Sections 20.24.116 and 20-24.117 to read as follows: "20-24.116 Conversion of mobilehome parks, At the time of filing a tentative parcel map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a report specified by Section 21037.110(b)(3) of this code. In determining the impact of the conversion on displaced mobilehome park residents, the report shall address the availability of adequate replacement space in mobilehome parks. The subdivider shall make a copy of the report available to each resident of the mobilehome park within 15 days of the filing of the tentative parcel map. The subdivider shall also provide all notices required by Section 21.37-120 of this code. The City Engineer may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park, and shall make all the findings required by Section 21.37-120- 20.24.117 Proof of notice--minor subdivisions. Whenever the subdivider is required by this title or the Subdivision Map Act to give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof sufficient to allow the city engineer to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty of perjury." SECTION 20: That Title 20, Chapter 20.24, Section 20.24.130 of the Carlsbad Municipal Code is amended by the addition of Subsection (6)(h) to read as follows: "(h) In the case of the conversion of residential real property to a condominium project, community apartment project or stock cooperative project, that any of the notices to tenants required by law have not been or will not be given" 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 published 10. at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the I Carlsbad City Council held on the 15th day of September 198 1 , and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 6th day of October I 1981, by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None L-- &J& RONALD C/. PACKARD, Mavor ATTEST : MARY HAASLER, Vice kayor ALETHA L. RAUTENKRANZ, City Clerk\ (SEAL) 11.