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HomeMy WebLinkAbout1997-09-16; City Council; NS-422; CMC 11/20 amends - Real property tentative maps, deeds & grants...4 0 a I II ORDINANCE NO. NS-422 2 3 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLES 11 AND 20, CHAPTERS 11.04, 20.12, 20.24 AND REPEALING CHAPTER 20.52 OF THE CARLSBAD MUNICIPAL CODE RELATING TO EXTENSIONS OF TENTATIVE SUBDIVISION MAPS, TENTATIVE PARCEL MAPS, RELATED DISCRETIONARY APPROVALS AND PERMITS, AND ACCEPTANCE AND RECORDATION OF DEEDS OR GRANTS CONVEYING INTERESTS IN REAL PROPERTY TO THE CITY. 7 8 SECTION I: That Title 11, Chapter 11.04 of the Carlsbad Municipal Code is amend The City Council of the City of Carlsbad, California, hereby ordains as follows: 9 the addition of Section 11.04.050 to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 “1 1.04.050 Delegation of Acceptance Authoritv Pursuant to Streets and Highways Code section 1806, and Government Code SI 27281, the following officers are hereby delegated the powers of the City Council specified with regard to the acceptance of privately constructed improvements in connection v, subdivision, and the acceptance and consent to recordation of deeds or grants conveyin! interest in or easement upon real estate to the City for public purposes: (a) The City Manager upon advice of the City Attorney may approve the accep of easements and covenants for easement required as conditions of development if prc executed on a standard document approved as to form by the City Attorney, as amended time to time; (b) The City Manager upon advice of the City Attorney may approve the accep of deeds or grants conveying any other interest in or easement upon real property to the C public purposes, if such deeds or grants are recommended for approval by the City Enginee are properly executed on a standard document approved by the City Attorney as to forr ’ amended from time to time. (c) The City Manager is authorized to accept streets and roads of a subdivision formally accepted into the City street system on behalf of the City, following acceptance c final subdivision map by the City Council, and satisfactory completion of all subdivision F improvements or any other public improvements constructed by a developer as a conditil development by any provision of Titles 18, 20 or 21 of this Code with the advice and consc the City Attorney and, upon the recommendation of the City Engineer. This provision i. intended to and shall not modify or relieve any developer from liability for any and all de found after the acceptance of improvements, in accordance with a Subdivision Improve1 Agreement or any other similar agreement. Following acceptance by the City Manager, the Engineer shall cause any streets or roads so accepted to be entered into the inventory of streets and roads. The City shall not be liable for any failure to maintain any street or road such street or road has been accepted into the City’s street system. (d) The City Clerk is authorized to accept and consent to recordation of easem covenants of easements, and other deeds or grants conveying any interest in or easement real property to the City for public purposes following approval by the City Manager and Attorney as set forth above in Subsections (a) and (b).” ~ 24 28 1 e 0 SECTION II: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amenc f Section 20.12.1 10 to read as follows: “20.1 2. I 10 Extension of Tentative MaDs (a) The subdivider may request an extension of the approved or conditi pproved Tentative Map by filing a written application with the City Engineer prior to expir, The application shall be on a form promulgated by the City Engineer and state the reasa e requested extension. The application shall be filed at least 20 days and not more th days prior to the date of expiration of the map, and in sufficient time: to be proc ministratively; considered in a noticed public hearing; and potentially reviewed in an apy the City Council; all prior to the expiration of any applicable automatic extension. (1) Timely application shall automatically extend the Tentative Map ximum of 60 days, or until the application for the extension is approved, condit approved or denied, whichever occurs first. (2) Upon receipt of a complete and timely application for extension th Engineer shall, not later than 30 days after the expiration of the approved or condit roved Tentative Map, set the matter for public hearing by the Planning Commission. of the hearing shall be given pursuant to Section 20.12.092. Normally, no extension purst section shall be for a period of more than one year, unless the Planning Commission (8 Council on appeal) finds that an extension for a longer period, not exceeding five ye ranted, giving consideration to any other extensions, the scope of the project, the pr ade by the subdivider in furtherance of the subdivision, and the affect nsion of the development on -the community. No extension shall be granted or condit the Planning Commission (or City Council on appeal) finds: that the desi! ovement of the subdivision are consistent with the General Plan, Titles 20 and 21 , and any public facility or growth management policies in existence at the tin sion is approved; that the subdivider is diligently pursuing those acts required to ot ap for the subdivision; that all related permits or approvals issued pursuant to Title 2 been extended to expire concurrent with the tentative map; and that such permits and apy as extended are consistent with the requirements of Title 21 of this code at the time tentative map. The total period of all extensions under this section sh five years. In granting an extension, the Planning Commission (or City Cour appeal) may impose new conditions and may revise existing conditions. (3) The decision of the Planning Commission is final and effective fiftee after the adoption of the resolution of decision, unless within such period the applicant terested person files a written appeal with the City Clerk. An individual member City Council can be an interested person. The written appeal shall specifically state the I ns for the appeal and the manner in which the decision of the Planning Commissic error. The decision of the Planning Commission shall be affirmed by the City Council unlf t shows by a preponderance of the evidence that the decision of the PI Commission is in error, inconsistent with state law, the General Plan, any applicable rogram or Specific Plan, Master Plan, Zoning Ordinance or policy of the City. Uy filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing s 30 days after the date of filing the appeal. Within IO days following the conch the hearing, the City Council shall render its decision on the appeal. The decision of tl (b) A Tentative Map for which the filing of multiple or “phased” final maps ha authorized may be extended as follows: (1) If the subdivider is not subject to a requirement to construct or impr finance the construction or improvement of public improvements outside the boundaries the cost of which equals or exceeds the amount specified in Governmen II 2 . 0 0 1 2 3 4 5 6 7 8 9 10 11 section 66452.6(a), as amended from time to time, as determined at the time of the Tei Map approval, then the subdivider may request an extension pursuant to the provisio: subdivision (a) of this section. (2) When the subdivider is subject to a requirement to construct or impr finance the construction or improvement of public improvements outside the boundaries Tentative Map, the cost of which equals or exceeds the amount specified in Government section 66452.6(a), as amended from time to time, as determined at the time the Tentativ is approved, then each filing of a final map authorized by Section 20.20.020(c) of this cod1 extend the expiration of the approved or conditionally approved Tentative Map by 36 n from the date it would otherwise have expired as provided in this section or the date previously filed final map, whichever is later. The total combined time for extensions und subsection and subsection (b)(l) shall not exceed 15 years from the date of the apprc conditional approval of the Tentative Map. However, a tentative map for property subjel development agreement authorized by the state Government Code and this Code rr extended for a period of time provided for in the agreement, but not beyond the duration agreement. “Public improvements” include traffic controls, streets, roads, highways, fret bridges, overcrossings, street interchanges, flood control or stormdrain facilities, sewer fa1 water facilities, and lighting facilities. (c) Extensions of vesting tentative maps shall be governed solely by the provis Chapter 20.17 of this Title, and by the provisions of subsection (b)(2) of this section.” 12 SECTION Ill: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is ’3 amended by the amendment of subsections (c) and (d) of Section 20.12.120 to read as foH 14 15 16 17 18 19 “(c) A revised Tentative Map may be filed prior to expiration of a Tentativc approved by the City Council (or by the Planning Commission, for tentative maps for whil authorized by this Title to approve or conditionally approve), or within the period of time sp in any extension granted thereto. (d) Upon the filing of an application for a revised Tentative Map and payment prescribed fee, such application shall be treated in all respects as an application for an c Tentative Map, and shall be reported on, approved, conditionally approved or disapproved same manner as an original Tentative Map application. The application for a revised Te Map may be combined and considered concurrently with an application for extensiol Tentative Subdivision Map pursuant to Section 20.12.1 IO.” 20 SECTION IV: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is arr 21 by the amendment of Section 20.24.180 to read as follows: 22 23 24 25 26 27 28 “20.24.1 80 Extension of Tentative Parcel MaDs (a) The subdivider may request an extension of the approved or condi, approved Tentative Parcel Map by filing a written application with the City Engineer F expiration. The application shall be on a form promulgated by the City Engineer and st; reasons for the requested extension. The application shall be filed at least 20 days and nc than 90 days prior to the date of expiration of the map, and in sufficient time to be pro1 administratively and potentially be reviewed in an appeal to the City Council, prior expiration of any applicable automatic extension. (1) Timely application shall automatically extend the Tentative Parcel R a maximum of 60 days, or until the application for the extension is approved, condi approved or denied, whichever occurs first. (2) Upon receipt of a complete and timely application for extension, tl II 3 b. 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 I Engineer shall, not later than 60 days after the expiration of the approved or condit approved Tentative Parcel Map, approve, conditionally approve or deny the requested exte Notice to affected property owners shall be given pursuant to Section 20.24.1 15. Norma extension pursuant to this section shall be for a period of more than one year, unless th Engineer (or City Council, on appeal) finds that an extension for a longer period, not excc five years, is warranted, giving consideration to any other extensions, the scope of the p the previous expenditures made by the subdivider and furtherance of the subdivision, ai affect of the extension of the development on the community. No extension shall be grar conditionally granted unless the City Engineer (or City Council, on appeal) finds: that the j and improvement of the subdivision are consistent with the General Plan, Titles 20 and 21 Code, and any public facility or development management policies in existence at the tir extension is approved; that the subdivider is diligently pursuing those acts required to ot parcel map for the subdivision; that all related permits or approvals issued pursuant to 7 have been extended to expire concurrent with the tentative parcel map; and that such p and approvals as extended are consistent with the requirements of Title 21 of this code time of the extension of the tentative parcel map. The total period of all extensions und section shall not exceed five years. In granting an extension, the City Engineer (or City C on appeal) may impose new conditions and may revise existing conditions. The decision of the City Engineer is final and effective fifteen calendar days the adoption of the resolution of decision, unless within such 15-day period the applicant or other interested person files a written appeal with the City Clerk. An individual member oft City Council can be an interested person. The written appeal shall specifically state the re; or reasons for the appeal and the manner in which the decision of the City Engineer is in er The decision of the City Engineer shall be affirmed by the City Council unless the Appellant shows by a preponderance of the evidence that the decision of the City Engineer is in error inconsistent with state law, the General Plan, any applicable Local Coastal Program or Spe Plan, Master Plan, Zoning Ordinance or policy of the City. Upon the filing of an appeal, the Clerk shall set the matter for public hearing. Such hearing shall be held within 30 days afte 16 I)/// lip 18 19 20 21 22 23 24 25 26 27 28 Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 4 9 II * 0 1 2 date of filing the appeal. Within 10 days following the conclusion of the hearing, the City Cc shall render its decision on the appeal. The decision of the City Council is final.” SECTION V: That Title 20, Chapter 20.52 is amended by the repeal of Chapter 2C 3 (1 the Carlsbad Municipal Code. 4 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its ad and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and caw be published at least once in a newspaper of general circulation in the City of Carlsbad 5 6 7 8 fifteen (15) days after its adoption. 9 - , 1997, and thereafter, 10 INTRODUCED AND FIRST READ at a regular meeting of said City Council held ( PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C 11 9th day of September 12 held on the lbthday of SEPTEMBER , 1997 by the following vote, to wit: 13 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall 14 NOES: None ABSENT: None 15 16 17 18 19 ATTEST: 22 23 24 25 26 27 28 (SEAL) 5