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HomeMy WebLinkAbout1985-05-21; City Council; 9760; CMC 19.04/20/21 amends - Implement recent state statutory changes1 2 3 4 5 Public Resour Code S21083.3 - E s 1c t 0 11 Public source s Code §21153( 2: Public Resou -%de 22 521152 2; 24 2'; 2E S S 3s follows: ORDINANCE NO. 9 760 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING VARIOUS CHAPTERS OF TITLES 19, 20 AND 21 OF THE CARLSBAD MUNICIPAL CODE TO IMPLEMENT RECENT STATE STATUTORY CHANGES. The City Council of the City of Carlsbad does ordain as SECTION 1: That Title 19, Chapter 19.04 of the Carlsba Municipal Code is amended by the amendment of Section 19.04.060(a)(l) to read as follows: It( 1 ) To hold a public hearing on every environmental impact report and on every project the environmental review for which is conducted pursuant to Section 21083.3 of the State Public Resources Code. I' SECTION 2: That Title 19, Chapter 19.04 of the Carlsbal Municipal Code is amended by the amendment of Section 19.04.060(e)(l) to read as follows: "( 1 ) To hold a public hearing on every environmental impact report and on every project the environmental review for which is conducted pursuant to Section 21083.3 of the State Public Resources Code. 'I SECTION 3: That Title 19, Chapter 19.04 of the Carlsba Municipal Code is amended by the addition of Section 19.04.090( to read as follows: "(c) The notices of exemption shall contain the information and be in the form required by Section 21152(b) of the State Public Resources Code," SECTION 4: That Title 19, Chapter 19.04 of the Carlsba Municipal Code is amended by the amendment of Section 19.04.280 to read as follows: "19.04.280 Notice of determination. (a) Within five workinq days after the decision making body approves or determines to carry out a project or grants a requested entitlement for which a negative declaration or environmental impact report has been prepared the land use planning manager shall file a notice of determination with the county clerk. 1 Municipal Code is amended by the amendment of Section 20.04.020(9)(B) to read as follows: 2 3 4 Gave-t 5 Code S66419 6 7 8 9 I! GoVe3xlrIEnt /I CC 0 19 II 20 21 22 23 24 25 26 27 28 Gove-t Code S66474.4 SECTION 6: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the addition of Section 20.04.040(b) (9) to read as follows: (9) The leasing of or the granting of an easement to, a parcel of land or any part thereof, in conjunction with the financing, erection, and sale or lease of any wind powered electrical generating device on the land, if the project is not otherwise subject to discretionary review pursuant to this code . SECTION 7: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20 . 12.015 (c) to read as follows: (c) Notwithstanding the provisions of Subsection (b) a tentative map may be processed concurrently with documents, permits or approvals required by Titles 19 or 21 if the applicant for the tentative map first waives the time limits for processing, approving or conditionally approving or disapproving the tentative map established by this Title or the Subdivision Map Act. Pursuant to the provisions of Chapter 19.04 of this Code a tentative map may be processed but shall not be deemed received until the environmental documents are completed. SECTION 8: That Title 20, Chapter 20.12 of the Carlsba Municipal Code is amended by the addition of Section 2. '7 I I 4 Gam”t C Code §66452.6 1 I z 13 12 I- 0 - 1E 19 2c 21 22 23 24 25 26 Gove~t Code 27 S66474.4 28 20.12.091(b)(11) to read as follows: (11) Subject to the exceptions contained in Section 66474.4 of the State Government Code, that the property is subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act) and the parcels resulting from the subdivision would be too small to sustain agricultural use. The determination of ability to sustain agricultural use shall be made according to the provisions of Section 66474.4 of the State Government Code. SECTION 9: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.100(c) to read as follows: “(c) The period of time specified in subsection (a) including any extension thereof granted pursuant to Section 20.12.110 shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if a stay of such time period is approved by the City Council pursuant to this subsection. An application for a stay must be filed by the subdivider in writing with the city engineer within ten days of the service on the City 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.” SECTION 10: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the amendment of Section 20.24.030(c) to read as follows: (c) Notwithstanding the provisions of Subsection (b) a parcel map or adjustment plat may be processed concurrently with documents, permits or approvals required by Titles 19 or 21 if the applicant for the tentative map first waives the time limits for processing, approving or conditionally approving or disapproving a tentative parcel map or adjustment plat provided by this Title or the Subdivision Map Act. Pursuant to the provisions of Chapter 19.04 of this Code a project may be processed according to this Chapter but still not be deemed received until the environmental documents are completed. SECTION 11: That Title 20, Chapter 20.24 is amended by the addition of Section 20.24.130(6)(i) to read as follows: 3. 1 1s 2c 21 22 21 24 25 26 27 28 2 3 4 Government $66463.5 Code 5 6 "(i) Subject to the exceptions contained in Section 66474.4 of the State Government Code, that the property is subject to a contract entered into pursuant to the Land Conservation Act of 1965 (Williamson Act) and the parcels resulting from the subdivision would be too small to sustain agricultural use. The determination of ability to sustain agricultural use shall be made according to the provisions of Section 66474 4 of the State Government Code I' SECTION 12: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the amendment of Section 20.24.170 to read as follows: "20.24.170 Time to file parcel map. (a) Within 24 months 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 conformance with the tentative parcel map as approved or conditionally approved and in conformance with the Subdivision Map Act and this title. shall not include any period of time during which a development moratorium imposed after aproval of the tentative parcel map is in existence provided, however, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than 120 days the map shall be valid for 120 days following the termination of the moratorium. including any extension thereof granted pursuant to Section 20.24.180 shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative parcel map is or was pending in a court of competent jurisdiction, if a stay of such time period is approved by the city engineer pursuant to this subsection. An application for a stay must be filed by the subdivider in writing with the city engineer within ten days of service of the initial petition or complaint in the lawsuit upon the city. 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 decided by the city engineer. Within 40 days after receiving the application the city engineer shall approve or conditionally approve the stay for up to five years or deny the requested stay. approved tentative parcel map shall terminate all proceedings an( no parcel map for all or any portion of the real property included in the tentative parcel map shall be filed without firs, processing a new tentative map or tentative parcel map. Once a timely and complete filing of a parcel map has been made pursuan' to this code subsequent actions of the City including but not (b) The period of time specified in subsection (a) (c) The period of time specified in subsection (a) (d) The expiration of the approved or conditionally 4. 1 2 3 4 r; " E 7 Government S66499.34 Code f s 1c 11 1s 2c 23 22 2; 24 25 2t 2'; 2€ limited to processing, approving and recording may occur after the expiration of the tentative parcel map." SECTION 12: That Title 20, Chapter 20.36 of the Carlsbad Municipal Code is amended by the amendment of Section 20.36.030 to replace the phrase "of fifty dollars, plus ten dollars per final lot or parcel, which will be non-refundable" with the phrase "established by City Council resolution" in the first sentence thereof . SECTION 13: That Title 20, Chapter 20.48 of the Carlsbad Municipal Code is amended by the amendment of Section 20.48.030 to read as follows: "20.48.030 Development permits and approvals withheld. (a) The City or any other responsible agency shall not issue or grant building, grading or any other permit, or any approval necessary to develop any real property which has been divided or which 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 division occurred unless the City Engineer or, on appeal, the City Council finds that development of such real property is not contrary to the public health or the public safety. permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation 0: whether the applicant therefor is either the current owner of record or vendee of the current owner of record pursuant to a contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of his interests in such real property. (b) All applications for permits or approvals necessar! for the development of real property shall be reviewed by the City Engineer, who shall determine whether the real property has been subdivided or has resulted from a division in violation of the Subdivision Map Act or City ordinances enacted pursuant thereto. The Engineer shall also make such a determination upon a receipt of a written request from the owner of such real property or the vendee of the current owner of record pursuant to a contract of sale of the real property or upon receipt of written notification of the authority or body responsible for granting a permit or approval. The City Engineer may approve real property for development pursuant to subsection (a) and shall so inform the owner or vendee thereof and the authority or body authorized to issue or grant the permit or approval for development. If it is determined that such real property is approved for development, the City Engineer may impose those conditions that would have been applicable to the division of thc property and which had been established at such time by the Subdivision Map Act or City ordinances enacted pursuant thereto and are appropriate to satisfy public health and safety The authority to deny such do 5. considerations and other considerations as are hereinafter specified unless the applicant was the owner of record at the time of the initial violation in which event the City Engineer may impose such conditions as would be applicable to a current division of property. If a conditional certificate of compliance has been filed for record under the provisions of Section 20.48.040, only such conditions stipulated in that certificate shall be applicable. If real property is approved for development the City Engineer shall cause a certificate of compliance relative to the subject real property and reflecting any conditions of development 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 violation of the Subdivision Map Act or City ordinances enacted pursuant thereto, the City Engineer or the City Council shall give consideration to: (1) Whether the owner of the real property can rescind the agreement by which he acquired the real property and recover the consideration paid therefore; (2) Whether the real property meets the requirements of the applicable zoning redulations ; (3) Whether the real property has a satisfactory potable water supply; (4) Whether the real property has legal access to a city or county maintained road; (5) Whether the current owner would have been required to dedicate land for any public purpose or construct or install any improvements pursuant to the terms of the Subdivisior Map Act or City ordinances enacted pursuant thereto had the subdivision by which the real property was created been submittec for approval at the time the current owner acquired the property . development of real property where improvements have been completed prior to the time a permit or grant of approval was required for development of the property, or for development of real property for which improvements have been completed in reliance on a previous permit or grant of approval for development, unless the City Engineer finds that development is contrary to the public health or safety. (e) Whenever any person submits an application for a building or any other permit for proposed construction of more than one main building as defined in Title 21 on any single lot or building site, the Director of Building and Planning shall refer such application together with the plot plan to the City Engineer for his determination as to whether such proposed construction would create a subdivision. The permit for such proposed construction shall not be issued unless the City Engineer has approved the plot plan and determined that the proposed construction would not constitute a violation of the Subdivision Map Act or this title. certificate of compliance shall be accompanied by a fee established by City Council resolution. (c) In determining whether approval or conditional (d) Approval for development shall be granted for (f) A request for development approval or a 6. Government S66499.35 Cod€? 1 2 3 4 5 6 7 e 9 LC 11 12 21 S65493 22 23 24 25 26 27 28 SECTION 14: That Title 20, Chapter 20.48 of the Carlsbad Municipal Code is amended by the amendment of Section 20.48.040(a) to read as follows: "(a) Any owner of real property or a vendee of such person pursuant to a contract of sale of such real property may request in writing that the City Engineer make a determination whether such real property complies with applicable provisions ol the Subdivision Map Act and City ordinances enacted pursuant thereto, or that such real property does not comply with the provisions, and the City Engineer shall so notify the owner thereof setting forth the particulars of such compliance or noncompliance. If the subject real property is found to be in compliance with the Subdivision Map Act and City ordinances enacted pursuant thereto, the City Engineer shall cause a certification of compliance relative to such real property to be filed for record with the county recorder. If the subject real property is found not to be in compliance with the Subdivision Map Act and City ordinances enacted pursuant thereto, the City Engineer may issue a notice o violation or a conditional certificate of compliance. When issuing a conditional certificate of compliance the City Engineel may impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his interest in the property and which had been established at such time by the Subdivision Map Act or city ordinances enacted pursuant thereto. Upon making such a determination and establishing such conditions, the City Engineer shall cause a conditional certification of compliance setting forth such conditions to be filed for record with the county recorder, fulfillment and implementation of the conditions shall be required prior to the subsequent issuance of a permit or grant o approval for development of the property, but compliance with such conditions shall not be required until such time as a building permit or granding permit is issued by the City." SECTION 15: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended by the amendment of Section 21.54.010 to read as follows: "21.54.010 Applications. (a) The City Manager shall prescribe the form of applications for the development permits or approvals and applications for changes in zone or general plan boundaries or classifications. The City Manager or his designee may prepare and provide application forms and shall prescribe the type of information to be provided with the application by the applicant No application shall be accepted unless it is in the proper form and contains all required information. The application shall be filed with the development processing coordinator who shall forthwith deliver the application to the land use planning manager. appropriate departments concerning the application and shall (b) The land use planning manager shall consult with 7. ds, 1 2 3 4 5 6 7 8 9 10 11 12 t 28 19 20 21 22 23 24 25 26 27 28 0 within 30 days after the application has been filed with the development processing coordinator determine in writing whether the application is complete and shall transmit the determination to the applicant. The written determination shall specify those parts of the application which are incomplete and shall indicate the manner in which the application can be made complete. The written determination shall include a list and description of the specific information needed to complete the application. Within 30 days of any resubmittal of the application or submittal of materials in response to the written determination the land use planning manager shall determine in writting whether the application, together with the subsequently submitted materials, constitute a complete application and shall immediately transmit the determination to the applicant. When a determination that ar initial application is incomplete has been transmitted to the applicant, the applicant shall have six months from the date the application was initially filed to either resubmit the application or submit the information specified in the determination. Failure of the applicant to resubmit the application or to submit the materials in response to the determination within the six months shall be deemed to constitute withdrawal of the application. If an application is withdrawn 01 deemed withdrawn a new application must be submitted. (c) If the application together with the materials submitted in response to a determination of completeness are determined by the land use planning manager to not be complete pursuant to this section the applicant may appeal the decision ir writing to the Planning Commission within 20 days after the determination has been transmitted to the applicant. The Planning Commission shall make a final written determination of the completeness of the application not later than 60 calendar days after the receipt of the applicant's written appeal. (d) Failure by the City to meet the deadlines specified in this section shall cause the application to be deemed complete. The failure of the applicant to meet any of thc time limits specified in this section shall be deemed to constitute withdrawal of the application. Nothing in this section precludes an applicant in the City from mutually agreeinc to an extension of any time limit provided in this section. (e) Subsections (b) through (d) of this section shall remain in effect only until January 1, 1991 and as of that date are repealed unless an ordinance which is enacted before January 1, 1991 deletes or extends that date." SECTION 16: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended the amendment of Section 21.54.040 to read as follows: "21.54.040 Filing fees. A fee in an amount establishec by City Council resolution shall be paid at the time an application for a development permit for approval or the approva: of a change in zone or general plan boundaries reclassifications is filed. No application shall be accepted or deemed accepted until the appropriate fee or fees have been paid." 8. 1 t 1€ 15 2c 21 22 22 24 2f 2t 27 28 0 2 3 4 5 6 7 Government S65863.9 Code 8 9 20 11 12 SECTION 17: That Title 21, Chapter 21.54 of the Carlsbad Municipal Code is amended by the amendment of Section 21.54.050 to read as follows: '21.54.050 Setting of hearings. All proposals for amending zone or general plan boundaries reclassifications or for the granting of any development permit or approval requiring a hearing as provided in this title shall be set for hearing by the land use planning manager when such hearings are to be held before the Planning Commission and by the City Clerk for hearings to be held before the City Council." SECTION 18: That Title 21, Chapter 21.58 of the Carlsbad Municipal Code is amended by the amendment of Section 21.58.020 to read as follows: "21.58.020 Expiration period. Any conditional use permit or variance or other development permit or approval granted by the Planning Commission or the City Council whichever is the final decision making body becomes null and void if not exercised within the time period specified in the resolution granting the application or, if no time period is specified, within 18 months of the date of approval. face of the permit any development permit which is issued in conjunction with tentative subdivision map for a planned unit development as defined by Section 11003 of the State Business an( Professions Code shall expire no sooner than the approved tentative map or any extension thereof whichever occurs later. Local coastal development permits issued in conjunction with a tentative subdivision map for a planned unit development shall expire no sooner than the approved tentative map and shall be in accordance with the applicable local coastal program which is in effect at the time of the application for extension. (b) Unless an earlier expiration date appears on the EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and 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 14th day of May I 1985, and thereafter 9. 1 2 3 PASSED AND ADOPTED at a regular meeting of said City Council held on the 21st day of bbv , 1985 by the following vote, to wit: AYES : Council Marbers Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: Lz&Aib 6?25.ukA ALETHA L. RAUTENgRANZ, City C 23 24 25 26 27 28 10.