HomeMy WebLinkAbout1986-05-20; City Council; 9806; CMC 20 amends - Subdivision map act changes (1985 legislation)**. ..
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366474.01
I ORDINANCE NO. 9806
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 IMPLEMENT
CHANGES MADE TO THE SUBDIVISION MAP ACT DURING
THE 1985 LEGISLATIVE SESSION.
The City Council of the City of Carlsbad does ordain as I
follows:
SECTION 1: That Title 20, Chapter 20.04 of the Carlsbad
Municipal Code is amended by the addition of the following
sentence to Section 20.04.055(d) to read as follows:
"A hearing on the determination of status may be postponed or continued upon the mutual consent of the City Engineer and the property owner."
SECTION 2: That Title 20, Chapter 20.04 of the Carlsbad
Municipal Code is amended by the addition of the following
language to Section 20.04.120 to read as follows:
"A designated remainder parcel shall not be counted as a
parcel for the purpose of determining whether a parcel map or
final map is required. After the filing of a parcel map or final map whch establishes a designated remainder parcel the designated remainder parcel may be sold without any further requirement for
filing of a parcel map or final map if a certificate of compliance is first processed pursuant to the provisions of Chapter 20.48 of this Code. Prior to the issuance of a certificate of compliance or conditinal certificate of compliance
for the sale of a designated remainder parcel the City Engineer shall make a determination under Section 20.16.040(h) of this
Code whether improvements should be required for the designated
remainder parcel. The improvement requirements may be imposed as a condition of the certificate of compliance. A note shall be
placed on the certificate of compliance that a building permit
will not issue for a designated remainder parcel until it is
further subdivided in accordance with the provisions of this
title. For the purposes of this title a parcel designated as
"not a part" shall be deemed to be a designated remainder parcel .
SECTION 3: That Title 20, Chapter 20.12 of the Carlsbad
Municipal Code is amended by the addition of the following
language to Section 20.12.091(b)(5) to read as follows:
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"(b) (5) Unless an environmental impact report was
prepared in respect to the project and a finding was made pursuant to Section 21081.(c) of the Public Resources Code that
specific economic, social or other considerations make infeasible
the mitigation measures or project alternatives identified in the
environmental impact report."
SECTION 4: 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:
"(a) The approval or conditional approval of a tentative map shall expire 24 months from the date the map was approved or conditionally approved unless it is extended pursuant to Section 20.12.110 of this Chapter."
SECTION 5: That Title 20, Chapter 20.12 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.12.100(b) to read as follows:
"(b) The time period specified in subsection (a) shall
not include any period of time during which a development
moratorium as defined in Section 66452.6 of the Government Code,
imposed after approval of the tentative map, is in existence;
provided, however,that the length of such moratorium does not
exceed five years."
SECTION 6: That Title 20, Chapter 20.12 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.12.100(d) to read as follows:
"(d) Prior to the expiration of the tentative map, a
final map conforming to the approved or conditinoally approved
tentative map may be filed with the City Council for approval after all required certificates on the final map have been signet and where necessary acknowledged and after the City Engineer has certified that the final map conforms with the requirements of this title, the Subdivision Map Act, and the tentative map and after the City Attorney has approved the final map as to form. The final map shall be deemed filed with the City Council on the date which it is received by the City Clerk. 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."
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SECTION 7: That Title 20, Chapter 20.12 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.12.110 to read as follows:
" 20.12.110 Extension of tentative maps. (a> A tentative map for which the filing of multiple or "phased" final maps is not authorized may be extended as
follows:
approved or conditionally approved tentative map by written
application to the City Engineer. The application shall be filed at least 20 days and not more than 90 days before the date of
expiration as established by Section 20.12.110. The application
shall state the reasons for the requested extension.
of the approved or conditionally approved tentative map the City Council, or Planning Commission for tentative maps which is
authorized by this title to approve or conditionally approve, may
approve, conditionally approve or deny the requested extension. An extension shall be for a period of not more than one year
unless the City Council or Planning Commission finds that an
extension for a longer period is warranted giving consideration
to the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect
of the extension of the development on the community. An
extension shall not be granted or conditionally granted unless the City Council or Planning Commission finds that the design anc improvements of the subdivision are consistent with the general plan, Titles 20 and 21 of this Code and any public facility or development management policies in existence at the time the extension is approved. When granting or conditionally granting
an extension, the Planning Commission or City Council shall also find that the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision. The total
period of all extensions shall not exceed three years. In granting an extension the City Council or Planning Commission ma]
impose new conditions and may revise existing conditions. The
Planning Commission decision regarding an extension may be
appealed by any interested party to the City Council, The appeal
shall be filed in writing with the City Clerk within 15 days of
the Planning Commission's decision. Denial of an extension shall be at the sole discretion of the Planning Commission and City Council.
may refer the request to the Planning Commission for a
recommendation and report. The Planning Commission shall make
its recommendation and report within 45 days of the Council's referral.
"phased" final maps has been authorized may be extended as follows:
requirement to construct or improve, or finance the construction
(1) The subdivider may request an extension of the
(2) At any time within 90 days after the expiration
(3) Prior to granting an extension the City Council
(b) A tentative map for which the filing of multiple or
(1) If the subdivider is not subject to a
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or improvement of public improvements outside the boundaries of the tentative map the cost of which is $100,000 or more as
determined at the time of the tentative map approval, then the
subdivider may request an extension pursuant to the provisions of subsection (a) of this section.
(2) When the subdivider is subject to a requirement
to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map the cost of which is $100,000 or more as determined at the time the tentative map is approved then each filing of a
final map authorized by Section 20.20.020(c) of this Code shall
extend the expiration of the approved or conditionally approved
tentative map by 36 months from the date it would otherwise have
expired as provided in this section or the date of the previously
filed final map whichever is later. The total combined time for
extensions under this subsection and subsection (b)(l) shall not
exceed ten years from the date of the approval or conditional
approval of the tentative map. However, a tentative map for property subject to a development agreement authorized by the state Government Code and this Code may be extended for the period of time provided for in the agreement, but not beyond the
duration of the agreement. "Public improvements" include traffic
controls, streets, roads, highways, freeways, bridges,
overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
governed solely by the provisions of Chapter 20.17 of this Title,
and by the provisions of subsection (b)(2) of this section."
(c) Extensions of vesting tentative maps shall be
SECTION 8: That Title 20, Chapter 20.17 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.17.020(f) to read as follows:
"(f) The time for filing a final map for a vesting tentative map shall be extended only by operation of Section 20.12.110(b) of this Code."
SECTION 9: That Title 20, Chapter 20.20 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.20.020(c) to read as follows:
"(c) Multiple or "phased" 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 a subdivision into units and the final map or
llphasedll final map substantially conforms to one or more of such
units and complies with all conditions applicable to such units. The number of final maps or "phasedt1 final maps which may be
filed shall be determined by the City Council or Planning Commission at the time of the approval or conditionaly approval
of the tentative map. When dividing a subdivision into units,
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the City Council or Planning Commission shall ensure that the design and improvement of each unit are consistent with the
provisions of this title. If the subdivider is subject to a requirement to construct or improve or finance the construction and improvement of public improvements outside the boundary of the subdivision the cost of that requirement shall be established at the time the tentative map is apporoved. If the cost of the off-site public improvements requirement is $100,000 or more it
shall be a condition of the tentative map that additional conditions may be placed on the extension of the tentative map
which occurs by operation of Section 20.12.110(b) of this code;
and further it shall be a condition that upon the filing of any
multiple final map or phased final map the Council may modify or
eliminate the phasing scheme. Multiple or phased final maps shall be authorized for vesting tentative maps for which off-site improvements are required only if the City Council finds that multiple final maps are necessary to accomplish the subdivision,
that all off-site improvements are required as a condition of the
zoning for the property or zoning approval for the project, that phasing of the project is consistent with the City's general plan
and any development management or public facilities ordinances,
policies or regulations, and that the subdivision consists of 100
or more units."
SECTION 10: That Title 20, Chapter 20.20 of the
Carlsbad Municipal Code is amended by the amendment of the last
sentence of Section 20,20.060(7) to read as follows:
"If the map includes a designated remainder parcel or a parcel designated as "not a part", and the gross area of that parcel is five acres or more that parcel need not be shown on the map and its location need not be indicated as a matter of
survey but may be indicated by deed reference to the existing
boundaries of the remainder parcel."
SECTION 11: That Title 20, Chapter 20.20 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.20.170 to read as follows:
"20.20.170 Transmittal of final map. After the City
Enaineer certifies that all aDDlicable reauirements of the Subdivision Hap Act and this ?ode have been satisfied and after
approval of a final map by the City Council the City Clerk shall
transmit the map to the appropriate county agency pursuant to
Government Code Section 66464 for filing with the county recorder."
SECTION 12: That Title 20, Chapter 20.24 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.24.130(6)(e) to add the following language:
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"Unless an environmental impact report was prepared in
respect to the project and a finding was made pursuant to Section 21081.(c) of the Public Resources Code that specific economic, social or other considerations make infeasible the
mitigationmeasures or project alternatives identified in the
environmental impact report."
SECTION 13: That Title 20, Chapter 20.32 of the
Carlsbad Municipal Code is amended by the amendment of the last
sentence of Section 20.32.080 to read as follows:
"The City Clerk shall transmit such maps directly to
the county recorder unless otherwise required by Section 66464
of the Government Code."
SECTION 14: That Title 20, Chapter 20.36 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.36.020(5) to read as follows:
"(5) Violate the provisions of Titles 18, 21, or 22 of
this Code."
SECTION 15: That Title 20, Chapter 20.36 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.36.060 to read as follows:
"20.36.060 Conditons of approval. The City Engineer
may impose conditions or exactions on the approval of an adjustment plat to the extent that the conditions or exactions are necessary to ensure compliance with the applicable provisions of the City's building and zoning laws (Titles 18, 21 and 22 of this code), or to facilitate the relocation of existing utilities, infrastructure or easements. The conditions
imposed by the City Engineer shall be satisfied prior to the
recordation of the adjustment plat or such other document authorized by law to effectuate the lot line adjustment."
SECTION 16: That Title 20, Chapter 20.36 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.36.070 by redesignating the existing section as subsection
(a) and adding subsection (b) to read as follows:
"(b) In addition to the procedures established by
subsection (a) of this section a lot line adjustment may be effectuated by the recordation of the deed or record of survey
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provided, however, that such deed or record of survey shall not be recorded unless it contains a certification by the City
Engineer that all the requirements of this chapter and any
condition imposed pursuant'to this chapter have been satisfied and further provided that a copy of the adjustment plat shall be
attached to the deed or record of survey."
SECTION 17: That Title 20, Chapter 20.44 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.44.130(b) to read as follows:
"(b) Whenever a subdivider of a planned development, real estate development, stock cooperative, community
development project or condominium as defined in Section 11003,
11003.1, 11003.2, 11003.4, and 11004 of the Business and
Professions Code and Section 783 of the Civil Code respectively,
has provided active recreational areas within the boundaries of the subdivision in excess of that required by Chapter 21.45 of
this Code, the subdivider may at the time the final or parcel
map is submitted for approval request that the 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 recreation area." 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 3ournal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 13th day of May 9
1986 and thereafter ...
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PASSED AND ADOPTED at a regular meeting of said City
Council held on the 20th day of May , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
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