HomeMy WebLinkAbout1992-07-14; City Council; NS-205; CMC 18.40 amends - Improvements...1
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ORDINANCE NO. NS-205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 18, CHAPTER
18.40 OF THE CARLSBAD MUNICIPAL CODE.
WHEREAS, the City Council of the City of Carlsbad, California does ordain as folll
5 11 SECTION I: That Title 18, Chapter 18.40 of the Carlsbad Municipal COC
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amended by the amendment of Section 18.40.020(3) to read as follows:
"Section 18.40.020(3) - Improvements - includes but is not limited to
sidewalks, gutters, pavement, driveways, curbs, streets, alleys, storm
drain facilities, water systems, sanitary sewer systems, street lighting,
fire protection installation, undergrounding of utility facilities and
pavement transitions."
SECTION II: That Title 18, Chapter 18.40 of the Carlsbad Municipal Codes is amer
by the deletion of of Section 18.40.030(d).
SECTION Ill: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is amet
I.4 I/ by the amendment of Section 18.40.040(b) to read as follows:
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"Section 18.40.040(b) - The improvements required by subsection(a) of
this section shall also apply to any person who alters, enlarges or
expands or causes to be altered, enlarged or expanded any building in
the City if the cost of such work exceeds fifty thousand dollars
($50,000).
I.8 I! SECTION IV: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is amel
I.9 /I by the amendment of Section 18.40.080(a) to read as follows: I 20
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"Section 18.40.080(a) - The granting or denial of a deferral of
improvements pursuant to section 18.40.070 by the City Manager shall,
unless appealed to the City Council in accordance with Section
1.20.600, become final within ten days after the filing of the City
Manager's written decision setting forth the findings in support thereof."
SECTION V: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is ame
by the amendment of Section 18.40.090 as follows:
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"Section 18.40.090 - Any deferral of improvement pursuant to Section
18.40.070 shall be conditioned on the filing with the City Manager of a
future improvement agreement secured by a lien against the subject
property in a form satisfactory to the City Attorney which provides that
the property owner will construct the improvements at such time as the
City requires them to be constructed and gives the City a lien on the
property to guarantee such construction. The City Manager is
authorized to execute such agreement on behalf of the City. Such
agreement must be received and recorded prior to issuance of a
building permit. If the building permit is not exercised, the City Manager
is authorized to execute a release of lien for the subject property.
"Prior to the recordation of a future improvement agreement, there shall
be paid to the Engineering Department a fee as set by Resolution of
the City Council for the processing of the agreement."
9 SECTION VI: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is amel
10 by the amendment of Section 18.40.1 00 as follows:
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"Section 18.40.1 00 - Upon written application, submitted to the City
Clerk and accompanied by a fee as established by Resolution of the
City Council, the City Council may by resolution waive or modify the
requirements of this Chapter if they find that:
"(1) The street fronting on the subject property has already been
improved to the maximum feasible and desirable state, recognizing
there are some such streets which may have less than standard
improvements when necessary to preserve the character of the
neighborhood and to avoid unreasonable interference with such things
as trees, walls, yards and open space;
"(2) The granting of the waiver or modification will not perpetuate
a hazardous or defective condition or be otherwise detrimental to the
health, safety or welfare of the residents of the City.''
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INTRODUCED AND FIRST READ at a regular meeting of said City Council held (
7 th day of JULY , 1992, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Cc
held on the 14 thday of JULY , 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, and Stanto
NOES:
ABSENT: Council Memb/rs Larson and N gaard //!;j / rP
I/ - :;< !./ if /f i' ' / /4[{/,( ;;L,/7/ 4 0:s I/ //. ~ i i &&, / ,<&y
'elAUDE k LEWl&; Mayor
AlTEST:
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ALETHA L. RAUTENKRANZ, City Clerk 1
(SEAL)
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