HomeMy WebLinkAbout1982-06-15; City Council; 9626; CMC 20 amends - Subdivision review process revised1
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9626 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 20 OF THE
CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VA-
RIOUS CHAPTERS AND SECTIONS TO REVISE THE SUB-
DIVISION REVIEW PROCESS TO CONFORM TO AMENDMENTS
TO 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 of the
Carlsbad Municipal Code is amended by the deletion of Section
20.04.020 (19) (A) through (F) and the words "'Subdivision' does
not include: 'I h"mdiately preceding subsection (A) .
SECTION 2: That Title 20, Chapter 20.04 of the
Carlsbad Municipal Code is amended by the addition of Section
20.04.040(b) (7) to read as follows:
(7) Any separate assessment under Revenue and
Taxation Code Section 2188.7.
SECTION 3: That Title 20, Chapter 20.12 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.12.090 (a) to replace the word "thirty" with the words "within
the time limit specified in the Subdivision Map Act" wherever
appears therein.
SECTION 4: That Title 20, Chapter 20.12 of the
Carlsbad Municipal Code is amended by the addition of Section
20.12.092(c) to read as follows:
(c) The failure by any person to receive the notice specified herein shall not invalidate any action taken pursuant to this Title.
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SECTION 5: That Title 20, Chapter 20.12 of the Carlsbad
Municipal Code is amended by the amendment of Section 20.12.093(a)
to replace the word "fifteen" with the word "ten" wherever it
appears in that subsection.
SECTION 6: That Title 20, Chapter 20.12 of the Carlsbad
Municipal Code is amended by the amendment of Section 20.12.100(a)
to read as follows:
20.12.100 Expiration of tentative maps. (a) The
approval or conditional approval of a tentative map
shall expire twenty-four 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 twenty-four month period or period of any extension, the sddivider may cause
the subdivision to be surveyed and a final map to be
prepared and submitted to the City Council for appro-
val in accordance with the tentative map as approved
or conditionally approved and in accordance with the
Subdivision Map Act and this title. This subsection
applies to maps approved or conditionally approved
after January 1, 1982. Maps approved prior to
January 1, 1982 shall expire 18 months from the date of approval or conditional approval unless extended pursuant to this section.
SECTION 7: That Title 20, Chapter 20.12 of the Carlsbad
Municipal Code is amended by the amendment of Section 20.12.110
to add the following sentence to subsection (b) thereof:
"If the Planning Conmission denies the subdivider's
request for extension, the subdivider may appeal such denial to the City Council within fifteen days of the Planning Commission's decision. I'
SECTION 8: That Title 20, Chapter 20.24 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.24.115 to add the following sentence:
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"The failure by any person to receive the notice spe- cified herein shall not invalidate any action taken
pursuant to this title."
SECTION 9: That Title 20, Chapter 20.48 of the
Carlsbad Municipal Code is amended by the addition of Section
20.,48.090 to read as follows:
20,48.090 Presumption of lawful creation. (a) For
purposes of this title, any parcel created prior to
March 4, 1972, shall be conclusively presumed to have
been lawfully created if the parcel resulted from a
division of land in which fewer than five parcels were
created and if at the time of the creation of the par- cel there was no local ordinance in effect which regu-
lated divisions of land creating fewer than five parcel
(b) For purposes of this title, any parcel created
prior to March 4, 1972, shall be conclusively presumed
to have been lawfully created if any subsequent pur-
chaser acquired that parcel for valuable consideration
without actual or constructive knowledge of a violation
of this division or the local ordinance, Owners of
parcels or units of land affected by the provisions of
this subdivision shall be required to obtain a certifi-
cate of compliance or a conditional certificate of com- pliance pursuant to this chapter prior to obtaining a permit or other grant of approval for development of the parcel or unit of land.
ing whether the parcel or unit of land complies with the provisions of this title or the Subdivision Map
Act, as required pursuant to Section 20.48.040, the
presumption declared in this subdivision shall not be operative.
For purposes of determin-
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
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 June 1
1982, and thereafter
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PASSED AND ADOPTED at a regular meeting of said City
Cou:ncil held on the 15th day of June , 1982, by the
following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis
NOES : None and Kulchin
ABSENT: ??One
/J RONALD C. PACKARD, Mayor
ATTEST:
la. ALE
(SEAL)