HomeMy WebLinkAbout2000-07-25; City Council; NS-555; CMC 18.40 amends - Improvements moratorium repeal..., \ ,
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II ORDINANCE NO. NS-555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING MORATORIUM ON
IMPROVEMENTS, TITLE 18, SECTION 18.40.130 OF THE
CARLSBAD MUNICIPAL CODE, AND AMENDING TITLE 18,
CHAPTER 18.40, OF THE CARLSBAD MUNICIPAL CODE BY
THE AMENDMENT OF SECTIONS 18.40.010, 18.40.020, 18.40.030, 18.40.040. 18.40.070 AND 18.40.090.
The City Council of the City of Carlsbad, California, hereby ordains as follows:
SECTION 1: That Section 18.40.010 of the Carlsbad Municipal Code is amended to
read as follows:
18.40.010 Findinas, purpose and intent.
(a) The city council finds as follows: (1) There is a lack of adequate roadway edge treatments, pedestrian facilities and
streets in various areas of the city which may be prejudicial and dangerous to the public health, safety, and welfare of the inhabitants of the city.
(2) The lack of improved pedestrian pathways in the city in many instances forces
pedestrians, including school children, to walk in the streets and to be subject to the hazards of
vehicular traffic. (3) The lack of improved pedestrian pathways during rainy weather has caused
unhealthy conditions resulting from pedestrians walking through mud or water along streets or dirt
sidewalks. (4) Streets and highways of inadequate width and design hinder vehicular
movement and constitute a hazard to the safety and health of users.
(5) The lack of curbs, storm drains and other street improvements results in poor
drainage and a collection of filth and waste.
(6) The lack of improved streets impedes the operation of fire trucks, police cars and other emergency vehicles as well as the operation of street sweepers and refuse collection
vehicles. (b) It is the purpose of the city council in adopting the provisions of this chapter to:
(1) Impose reasonable requirements of dedication and improvements upon
persons engaged in the development, construction, reconstruction or remodeling of buildings which tend to result in increased demands upon the existing public rights-of-way and streets and
highways in the city thereby increasing the danger to the public health, safety and welfare;
(2) Extend the basic requirements of the Subdivision Map Act by establishing
standards and requirements for dedication and improvements in connection with the development of land in which no subdivision is involved;
(3) Alleviate the undesirable situation found to exist in subsection (a) by spreading
the cost of public improvements upon abutting property in an equitable manner and by causing
the installation of those improvements required by the city to serve property about to be
developed at the time of its development. (c) The city council intends to require, in accordance with the provisions of this chapter,
the dedication of portions of the public rights-of-way including streets, highways, alleys and storm
drain facilities and the construction of improvements contiguous to the property from the property
line to the centerline of the public rights-of-way as necessitated by the nature and type of building
or structure being constructed and the use to which the property is being put.
SECTION 2: That Section 18.40.020 of the Carlsbad Municipal Code is amended to
read as follows:
Ordinance No. NS-555 page 1 of 4
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18.40.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meaning
respectively ascribed in them by this section: (1) “Alley” means a public or private way permanently reserved as a secondary means of
access to abutting property. (2) “Building” includes any building, structure or dwelling of which the cost price of
erecting the same is in excess of the sum of fifteen thousand dollars as determined by building permit valuation.
(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. (4) “Person” means any person, firm, partnership, association, corporation, company or
organization of any kind. The term “person” also includes any owner, lessee or agent constructing or arranging for the construction, modification, or alteration of a building or dwelling.
(5) “Alternative Design Streets” means any street designated by Resolution of the City
Council as an “Alternative Design Street” subject to the Alternative Street Design Approval
Process used to determine the final improvement standards for the designated street.
SECTION 3: That Section 18.40.030 of the Carlsbad Municipal Code is amended of to
read as follows:
18.40.030 Dedications required.
(a) Any person who constructs or causes to be constructed any building in the city shall
have provided by means of an irrevocable offer of dedication, grant of easement or other
appropriate conveyance, as approved by the city attorney, the rights-of-way necessary for the
construction of any street, highway, or alley as shown on the circulation element of the general plan, any applicable specific plans, or as otherwise required by the city engineer in accord with
an established street system or plan. Rights-of-way shall also be provided for any improvements
to existing facilities including rights-of-way for storm drains or other required public facilities. All
rights-of-way shall be accompanied by a title examination report and be free of all liens and
encumbrances.
(b) The dedications or irrevocable offer of dedication required by subsection (a) shall also
apply to any person who enlarges, expands, or causes to be enlarged, or expanded any building
in the city if the cost of such work exceeds the sum of fifteen thousand dollars as determined by
building permit valuation. Said amount to be increased annually consistent with International
Conference of Building Officials valuation schedule for the appropriate construction type. (c) The dedications required by this chapter shall be made prior to issuance of the
building permit for the subject property.
SECTION 4: That Section 18.40.040 of the Carlsbad Municipal Code is amended to
read as follows:
18.40.040 Public imorovements required.
(a) Any person who constructs or causes to be constructed any building in the city shall construct all necessary improvements in accordance with city specifications upon the property
and along all street frontages adjoining the property upon which such building is constructed
unless adequate improvements already exist. In each instance, the city manager shall determine
whether or not the necessary improvements exist and are adequate. Each building permit
application shall be so endorsed at the time it is issued.
(b) The improvements required by subsection (a) of this section shall also apply to any
person who enlarges or expands or causes to be enlarged or expanded any building in the city if
the cost of such work exceeds seventy-five thousand dollars and increases the size of the
Ordinance No. NS-555 page 2 of 4
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building. Said amount to be increased annually consistent with International Conference of
Building Officials valuation schedule for the appropriate construction type.
SECTION 5: That Section 18.40.070 of the Carlsbad Municipal Code is amended to
read as follows:
18.40.070 Deferral of improvement requirements.
Upon written application, the city manager by written order may defer any of the
improvements required by this chapter if he finds that the public health, safety and welfare of the
inhabitants of the city will not be endangered by the deferment of the construction of the
improvements and that any one of the following exists:
(1) There is a lack of adequate data in regard to the grades, plans or surveys which complicate the construction of the improvements and indicate they should be deferred to a later
time. (2) The construction of the improvements is included in an approved or pending
assessment district or otherwise guaranteed as provided by city ordinance.
(3) Construction of the improvements would be incompatible with the present state of the
neighborhood’s development or be impractical or premature because of the condition of the
surrounding property. (4) Construction of the improvements would create a hazardous or defective condition.
(5) Improvement would be to a street designated by Resolution of the City Council as an
“Alternative Design Street” and subject to the “Alternative Street Design Approval Process”.
(6) Improvements are not continuous with existing improvements and construction would
be impractical.
SECTION 6: That Section 18.40.090 of the Carlsbad Municipal Code is amended to
read as follows:
18.40.090 Conditions of deferral. Any deferral of improvements pursuant to Section 18.40.070 shall be conditioned on the
filing with the city manager of a neighborhood improvement agreement in a form satisfactory to
the city attorney which provides that the property owner will construct the improvement at such
time as an improvement district or neighborhood improvement program is adopted. 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 agreement for the subject
property. Prior to the recordation of a neighborhood 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.
SECTION 7: That Title 18, Chapter 18.40, Section 18.40.130 of the Carlsbad Municipal
Code is repealed.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption
and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad within
fifteen (15) days after its adoption.
II Ordinance No. NS-555 page 3 of 4
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INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the
25th day Of Julv ,2000, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 1st day of August 9 2000 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ATTEST: q4iqAhi23/..;rmd
M. WOOD, City Clerk
Ordinance No. NS-555 page 4 of 4
(SEAL)