HomeMy WebLinkAbout1983-04-12; City Council; 9680; CMC 20 amends - Subdivision map act changes during 1982 leg. session- I
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ORDINANCE NO. 9680
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSRAD, CALIFORNIA AMENDING TITLE 20 OF THE
CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
VARIOUS CHAPTERS AND SECTIONS TO IMPLEMENT CHANGES MADE TO THE SUBDIVISION MAP ACT DURING
THE 1982 LEGISLATIVE SESSION.
The City Council of the City of Carlsbad does ordain as
follows:
SECTION 1. That Title 20, Chapter 20.04 of the Carlsbad
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Municipal Code is amended by the addition of Section
2OO04.040(b)(8) to read as follows:
"(8) Unless a parcel or final map was approved by the City Council, the conversion of a community apartment project or a stock cooperative to a condominium provided that the requirements of Section 66412(g) or (h), respectively, of the State Government Code have been met and the subdivider provides certification that the requirements have been met."
SECTION 2: That Title 20, Chapter 20.12 of the
Carlsbad Municipal Code is amended by the addition of the
following sentence to Section 20.12.100(d):
"Once a timely and complete filing of a final map for approval by the City Council has been made pursuant to this code, subsequent actions of the City, including but not limited to processing, approving, and recording may occur after the date for expiration of the tentative map."
SECTION 3: That Title 20, Chapter 20.16 of the
Carlsbad Municipal Code is amended by the addition of Section
20.16.025(d) to read as follows:
"(a) When approving or conditionally approving a tentative map for conversion of a mobilehome park, the Planning Commission or the City Council shall do one of the following:
the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park by zoning additional land for mobilehome parks;
mobilehome parks or sufficient space available in other
mobilehome parks for the residents who will be displaced;
(1) Mitigate any significant adverse impact of
(2) Find that there is sufficient land zoned for
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(3) Require the subdivider to mitigate any
adverse impact pursuant to subsection (c);
(4) Fihd that the mitigation required by
Subsection (d) (1) and (d) (3) is not feasible. "Feasible" means
capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic,
environmental, social and technological factors."
SECTION 4: That Title 20, Chapter 20.16 of the
Carlsbad Municipal Code is amended by the addition of Section
20.16.080(5) to read as follows:
Carlsbad Municipal Code is amended by the addition of Section
20.16.070(4) to read as follows:
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566499.3(C) -- II
"(4) A letter of credit in a form approved by the
Finance Director and the City Attorney from a financial institution regulated by the state or federal government and approved by the Finance Director and the City Attorney."
SECTION 5: That Title 20, Chapter 20.16 of the
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"(5) Whenever an entity required to furnish security is a California non-profit corporation funded by the United
States of America or one of its agencies, or the State of
California or one of its agencies, the entity shall not be required to comply with subsections (1) or (2) provided that the
conditions established by subsection (c) of Section 66499.3 of
the State Government Code are met. It
SECTION 6: That Title 20, Chapters 20.16 and 20.28 of
11 19 the Carlsbad Municipal Code shall be amended by the addition of
Section 20.16.095 and 20.28.095, respectively, to read as
follows:
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"20.16.095 Off-Site Improvements - Acquisition of Progertv Interests, Whenever a subdivider is required as a L-- -c __
condition of a tentative map to construct or install off-site
improvements on property which neither the subdivider nor the
City owns then not later than sixty days prior to filing the
final map for approval the subdivider shall provide the City with
sufficient information, reports and data, inluding but not
limited to, an appraisal and title report, to enable the City to
commence proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property pursuant to Article 3 of said Title. The subdivider shall agree pursuant to Section
20.16.060 to complete the improvements at such time as the City
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has a sufficient interest in the property to permit the
construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests
and the estimated cost thereof shall be secured as provided in
Section 20 . 16.070. 'I
"20.28.095 Off-Site Improvements - Acquisition of Property Interests. Whenever a subdivider is required as a condition of a tentative parcel map to construct or install
off-site improvements on property which neither the subdivider
nor the City owns then not later than sixty days prior to filing the parcel map for approval the subdivider shall provide the City
with sufficient information, reports and data, inluding but not limited to, an appraisal and title report, to enable the City to commence proceedings pursuant to Title 7 of Part 3 of the Code of
Civil Procedure to acquire an interest in the land which will
permit the improvements to be made, including proceedings for immediate possession of the property pursuant to Article 3 of said Title. The subdivider shall agree pursuant to Section 20.28.070 to complete the improvements at such time as the City has a sufficient interest in the property to permit the construction of the improvements. The subdivider shall bear all costs associated with the acquisition of the property interests and the estimated cost thereof shall be secured as provided in
Section 20.28.070."
SECTION 7: That Title 20, Chapter 20.20 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.20.020(d) to renumber subparagraph (5) as subparagraph (6)
and to add a new subparagraph (5) to read as follows:
"(5) That the owners of a stock cooperative or community apartment project have voted in favor of such
conversion as specified by Section 66452.10 of the State
Government Code . 'I
SECTION 8: That Title 20, Chapter 20.24 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.24.160 to replace the words "one year" with the words "twenty-
four months", and by adding the following sentence to the end of
said section:
"This section applies to all tentative parcel maps
approved or conditionally approved after January 1, 1983; tentative parcel maps approved prior to that date shall expire one year from the date of approval or conditional approval unless extended pursuant to Section 20.24 . 180 ."
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b SECTION 9: That Title 20, Chapter 20.24 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.24.170 to replace the words "one year" with the words "twenty
four months .I1
SECTION 10: That Title 20, Chapter 20.28 of the
Carlsbad Municipal Code is amended by the addition of the
followinq sentence to the end of Section 20.28.110:
"The monuments shall be set prior to the approval of
the map unless the setting thereof is deferred by the City Engineer in accordance with Section 66496 of the State Government Code. The City Engineer is authorized to accept
monumentation agreements and securities for parcel maps on
behalf of the City."
SECTION 11: That Title 20, Chapter 20.32 of the
Carlsbad Municipal Code is amended by the addition of Section
20.32.040(8) to read as follows:
(8) A certificate by the engineer or surveyor
responsible for preparation of the map stating that all monuments are of the character and occupy the positions
indicated, or that they will be set in such positions on or
before a specified date. The certificate shall also state that
the monuments are, or will be, sufficient to enable the survey to be retraced."
66477(c) SECTION 12: That Title 20, Chapter 20.44 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.44.090 to replace the word "providing" with the words
"developing new or rehabilitating existing";
By the amendment of the first sentence of Section
20.44.100 to read as follows:
66477 (f) "The City Council shall develop a schedule specifying
how, when and where it will use the land or fees or both to develop park or recreational facilities to serve the residents of the subdivisions within the park area of the City in which the subdivisions are located."
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1 code, the subdivider may, at the time that the final map or parcel map is submitted for approval, request that the City
Council give a credit of up to ten percent of the amount of fees
to be paid or land to be dedicated pursuant to this chapter for
the value of the active recreational area."
211 follows:
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By the amendment of Section 20.44.120(b) to read as
"(b) The provisions of this chapter also do not apply
to commercial or industrial subdivision; nor to condominium projects or stock cooperatives 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 . "
And by the addition of Section 20.44.130 to read as
follows :
// to the adoption of this ordinance and cause it to be published 22
at least once in the Carlsbad Journal within fifteen days after
23 I/ 11 its adoption. 24
25 /I INTRODUCED AND FIRST READ at a regular meeting of the 11 Carlsbad City Council held on the 15th day of March I 26 // 19 83 , and thereafter 27
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 12th day of April , 19 83 by
the following vote, to wit:
AYES :
NOES: Council "her Chick *
Council Wnbers Casler, Lewis, Kulchin, and Prescott
ABSENT: None
&di L,
MARY H. EASLER, Mayor
ATTEST :
(Seal 1