HomeMy WebLinkAbout2008-08-12; City Council; CS-003; Extend City Map Related Approvals...1
2
3
4
5
6
7 WHEREAS, on July 15, 2008 the Governor of California signed SB
8 1185 Act into law which amended the Subdivision Map to take effect immediately;
9
and10
WHEREAS, SB 1185 extends by 12 months the expiration date of all11
12
13
14
19
20
21
27
28
ORDINANCE NO. CS-003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE TITLE 20, CHAPTERS 20.12 AND
20.24, SECTIONS 20.12.110(a)(2) AND 20.24.180(a)(2)
RESPECTIVELY, AND ADDING SECTIONS
20.12.110(a)(2)(i)(ii) AND 20.24.180(a)(2)(i)(ii) TO
AUTOMATICALLY EXTEND CITY MAP RELATED
APPROVALS
approved vesting tentative maps, tentative maps and tentative parcel maps that had
not expired prior to the signing of the bill on July 15, 2008, and that will expire before
January 1, 2011; and
15 WHEREAS, SB 1185 also extends by 12 months any legislative,
16
administrative or other approval by any state agency that had not expired as of July
17
15, 2008, and increases from five years to six years the length of time a map may be
18
extended by discretionary action of a legislative body or advisory agency; and
WHEREAS, the Carlsbad Municipal Code Title 20, Chapter 20.12,
section 20.12.110(2)(a) currently provides that the Planning Commission (or City
Council on appeal), when granting an extension of a tentative map shall make a
23
22
finding that all related City permits or approvals issued pursuant to Title 21 have
24
been extended to expire concurrently with the tentative map; and
25
WHEREAS, the Carlsbad Municipal Code Title 20, Chapter 20.24.,26
section 20.24.180(a)(2) currently provides that the City Engineer(or City Council, on
appeal), when granting an extension of a tentative parcel map shall make a finding
-1 -
1
extended to expire concurrently with the tentative map; and
3
CA
WHEREAS, the City Council finds it necessary and desirable to have consistency
4
in expiration dates for related approvals;
5
NOW, THEREFORE, the City Council of the City of Carlsbad ordains6
7
8
9
13
19
20
21
22
23
24
25
26
28
that all related City permits or approvals issued pursuant to Title 21 have been
as follows:
SECTION 1: That section 20.12.110(2)(a)(i)(ii) is added to the
Carlsbad Municipal Code to read as follows:
1 ° 20.12.110(a)(2)(i)(ii) - Extension of Tentative Maps
11 (i) All related City permits or approvals for maps which have
12 not expired as of July 15, 2008, and which will expire before
January 1, 2011, which are automatically extended by
Government Code section 66452.21, shall likewise be
automatically extended to expire concurrently with the vesting
tentative map, tentative map, or tentative parcel map.
(ii) This section shall automatically sunset on January 1, 2011
unless Government Code section 66452.21 is extended by the
state legislature, in which case this provision shall remain in
15
16 n
effect concurrently with the effective date of the state law.
17
SECTION 2: That section 20.24.180 (a)(2)(i)(ii) is added to the1 o
Carlsbad Municipal Code to read as follows:
20.24.180 (a)(2)(i)(ii) - Extension Of Tentative Parcel Map
(i) All related City permits or approvals for maps which have
not expired as of July 15, 2008, and which will expire before
January 1, 2011, which are automatically extended by
Government Code section 66452.21, shall likewise be
automatically extended to expire concurrently with the vesting
tentative map, tentative map, or tentative parcel map.
(ii) This section shall automatically sunset on January 1, 2011
unless Government Code section 66452.21 is extended by the
state legislature, in which case this provision shall remain in
effect concurrently with the effective date of the state law.
27
-2-
7
8
9
11
12
13
15
16
17
19
20
21
22
23
24
27
28
1
SECTIONS: That section 20.12.110(a)(2) of the Carlsbad Municipal
3 Code is amended to read as follows:
4 20.12.110 - Extension of Tentative Map
5 (2) Upon receipt of a complete and timely application for
extension the city engineer shall, not later than thirty days
6 after the expiration of the approved or conditionally approved
tentative map, set the matter for public hearing by the
planning commission. Notice of the hearing shall be given
pursuant to Section 20.12.092. Normally, no extension
pursuant to this section shall be for a period of more than
one year, unless the planning commission (or city council on
appeal) finds that an extension for a longer period, not
exceeding six years, is warranted, giving consideration to
any other extensions, the scope of the project, the previous
expenditures made by the subdivider in furtherance of the
subdivision, and the effect of the extension of the
development on the community. No extension shall be
granted or conditionally granted unless the planning
commission (or city council on appeal) finds: that the design
and improvement of the subdivision are consistent with the
general plan, Titles 20 and 21 of this code, and any public
facility or growth management policies in existence at the
time the extension is approved; that the subdivider is
diligently pursuing those acts required to obtain a final map
for the subdivision; that all related permits or approvals
issued pursuant to Title 21 have been extended to expire
concurrent with the tentative map; and that such permits and
approvals as extended are consistent with the requirements
of Title 21 of this code at the time of the extension of the
tentative map. The total period of all extensions under this
section shall not exceed six years. In granting an extension,
the planning commission (or city council on appeal) may
impose new conditions and may revise existing conditions.
SECTION 4: That section 20.24.180(a)(2) of the Carlsbad
Municipal Code is amended to read as follows:
25
(2) Upon receipt of a complete and timely application for
20.24.180 Extension of Tentative Parcel Map
26
extension, the city Engineer shall, not later than sixty days
after the expiration of the approved or conditionally approved
tentative parcel map, approve, conditionally approve or deny
-3-
1
2
3
4
5
7
8
9
-i-,
12
13
15
16
17
IB
19
20
21
22
27
28
the requested extension. Notice to affected property owners
shall be given pursuant to Section 20.24.115. Normally, no
extension pursuant to this section shall be for a period of
more than one year, unless the city engineer (or city council,
on appeal) finds that an extension for a longer period, not
exceeding six years, is warranted, giving consideration to
any other extensions, the scope of the project, the previous
expenditures made by the subdivider and furtherance of the
subdivision, and the effect of the extension of the
development on the community. No extension shall be
granted or conditionally granted unless the city engineer (or
city council, on appeal) finds: that the design and
improvement of the subdivision are consistent with the
general plan, Titles 20 and 21 of this code, and any public
facility or development management policies in existence at
the time the extension is approved; that the subdivider is
diligently pursuing those acts required to obtain a parcel map
for the subdivision; that all related permits or approvals
issued pursuant to Title 21 have been extended to expire
concurrent with the tentative parcel map; and that such
permits and approvals as extended are consistent with the
requirements of Title 21 of this code at the time of the
extension of the tentative parcel map. The total period of all
extensions under this section shall not exceed six years. In
///
///
///
///
23
24
25
26 >»
///
///
granting an extension, the city engineer (or city council, on
appeal) may impose new conditions and may revise existing
conditions.
-4-
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
EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify 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 days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 5th day of August , 2008, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the i2t-b day of August- , 2008, by the following
vote, to wit:
AYES: Council Members Lewis, Kulcbin, Hall and Packard.
NOES: None.
ABSENT: Council Member Nygaard.
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
UDE A. LEWIS, Mayor
ATTEST:
LORRAINE MjWOOD, City Ojjrk
(Sefad)
-5-