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HomeMy WebLinkAbout1987-04-21; City Council; 9830; CMC 20 amends - Subidivision map act legislation changes conformance1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9830 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTERS 20.04, 20.24 AND 20.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 20.04.020(7), 20.24.160 AND 20.44.050(b) AND BY THE DELETION OF SECTION 20.24.170 TO CONFORM WITH THE LEGISLATURE'S CHANGES 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, Section 20.04.020 of the Carlsbad Municipal Code is amended by the amend- ment of Subsection (7) to read as follows: "(7)"City Standards" means those standards and speci- fications, including standard drawings, as may be adopted from time to time by the City Engineer. These standards are to be on file in the office of the City Clerk and in the Engineering Department. SECTION 2: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the deletion of Section 20.24.170 and by the amendment of Section 20.24.160 to read as follows: "20.24.160 (a) The approval or conditional approval of a tentative Expiration of tentative parcel map. parcel map shall expire twenty-four months from the date the map was approved or conditionally approved unless it is extended in accord with Section 20.24.180. shall not include any period of time during which a development moratorium imposed after approval 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 one hundred twenty days, the map shall be valid for one hundred twenty 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 (b) The period of time specified in subsection (a) (c) The period of time specified in subsection (a) 1 2 3 4 5 6 7 8 9 10 11 12 t 3.8 19 20 0 21 22 23 24 25 26 27 28 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 forty 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. 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. approved tentative parcel map shall terminate all proceedings and no parcel map for all or any portion of the real property included in the tentative parcel map shall be filed without first processing a new tentative map or tentative parcel map. Once a timely and complete filing of a parcel map 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 expiration of the tentative parcel map. (d) Within twenty four months after the approval or (e) The expiration of the approved or conditionally SECTION 3: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the amendment of Section 20.44.050(b) to read as follows: (b) If the proposed subdivision contains 50 parcels or less, only the payment of fees shall be required except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. 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 on the 14th day of April , 1987 and thereafter Ordinance No. 9830 -2- 1 2 3 4 5 6 7 a 9 10 11 12 t 0 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the 21st day of April , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None V ATTEST : ALETHA L. RA-UTENKR