HomeMy WebLinkAbout1987-04-21; City Council; 9830; CMC 20 amends - Subidivision map act legislation changes conformance1
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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)
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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-
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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