HomeMy WebLinkAbout2002-09-17; City Council; NS-636; Amend Sections of Municipal Code to Reflect Law...1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. NS-636
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING SECTIONS
20.36.020 AND 20.36.060 OF CHAPTER 20.36 AND
SUBSECTION 20.24.150(b)(2) OF CHAPTER 20.24
TO THE CARLSBAD MUNICIPAL CODE TO REFLECT
NEW LAW EFFECTIVE JANUARY 1,2002.
The City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Section 20.36.020 of the Carlsbad Municipal Code
is amended to read as follows:
“20.36.020 Applicability.
Notwithstanding any other provisions of this title to the contrary, the
procedure set forth in this chapter shall govern the processing of and
requirements for adjustment plats. An adjustment plat may be filed in accord
with the provisions of this chapter to adjust the boundaries between four or
fewer adjoining parcels, provided the city engineer determines that the
boundary adjustment does not:
(1) Create any additional lots;
(2) Involve adjustments between five or more existing adjoining
parcels;
(3) Include a lot or parcel created illegally unless a certificate of
compliance pursuant to Chapter 20.48 of this code has been approved and
recorded for such lot or parcel;
(4) Impair any existing access or create a need for a new access to
any adjacent lot or parcel;
(5) Impair any existing easement or create a need for a new
easement;
(6) Violate the general plan or the local coastal plan;
(7) Violate the provisions of Titles 18, 21 or 22 of this code;
(8) Alter the city limit boundary;
(9) Require substantial alterations of existing public improvements
or create a need for a new public improvement;
(IO) Adjust the boundary between lots or parcels which are subject
to an agreement for public improvements unless the city engineer finds that
the proposed adjustment plat will not materially affect such agreement or the
security therefor.”
SECTION 2: That Section 20.36.060 of the Carlsbad Municipal Code
is amended to read as follows:
3
1
2
3
4
5
6
7
0
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
20
“20.36.060 Conditions of approval.
The city engineer may impose conditions or exactions on the approval
of an adjustment plat between four or fewer existing adjoining parcels to the
extent that the conditions or exactions are necessary to ensure compliance
with the general plan, local coastal plan and applicable provisions of the city’s
zoning and building laws, pertaining to lots (Titles 21 and 18 of this code),
including lot frontage, depth and area, access, and requirements such as
setbacks, lot coverage and parking, or to facilitate the relocation of existing
utilities, infrastructure or easements. The conditions imposed by the city
engineer shall be satisfied prior to the recordation of the adjustment plat or
such other document authorized by law to effectuate the lot line adjustment.
Lot line adjustments between five or more existing adjoining parcels shall be
subject to the provisions of the Subdivision Map Act, including the
requirement for the filing of a tentative and final map.”
SECTION 3: That Subsection 20.24.150(b)(2) of the Carlsbad
Municipal Code is amended to read as follows:
“20.24.150 Waiver of parcel map.
-Land conveyed to or from a governmental agency, public entity or
public utility, or to a subsidiary of a public utility for conveyance to
such public utility for rights-of-way shall include a fee interest, a
leasehold interest, an easement, or a license.”
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 10th day of September and thereafter
Ill/
Ill/
Ill/
Ill/
Ill/
Ill/
/Ill
/Ill
2
Page 2 of 3 of Ordinance No. NS-636
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the 17th of SEPT. , 2002, by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Hz
NOES: None
ABSENT: Council Member Kulchin
VED AS TO FORM AND LEGALITY
ATTES3
OOD, City Clerk
Page 3 of 3 of Ordinance No. 3
NS-636