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HomeMy WebLinkAbout2012-10-23; City Council; CS-192; TITLE 20 DECISION MAKING...EXHIBIT 1 ORDINANCE NO. CS-192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT CONSISTING OF VARIOUS AMENDMENTS TO 3 THE SUBDIVISION ORDINANCE TO IMPROVE THE CITYS DEVELOPMENT REVIEW PROCESS. 4 CASE NAME: TITLE 20 DECISION MAKING CASE NO.: MCA 12-02 5 6 7 g Municipal Code is amended to read as follows: 24 25 The City Council of the City of Carisbad, California, does ordain as follows: SECTION 1: That the list of sections in Chapter 21.06 of the Carisbad 9 20.04.010 Title. 20.04.020 Definitions. 10 20.04.030 Prohibition. 20.04.040 Application of Subdivision Map Act. 11 20.04.050 Extent of regulations. 20.04.055 Merger. 12 20.04.056 Unmerger. 20.04.057 Request for determination of merger. 13 20.04.060 Reserved. 20.04.070 Environmental impact review. 14 20.04.080 Soil reports. 20.04.090 Reservations. 20.04.100 Corrections and amendments. 20.04.110 Security for the payment of taxes and special assessments; release. 20.04.120 Designated remainder parcel. 20.04.130 Consideration of housing needs. 20.04.140 Covenants for easement. SECTION 2: That Section 21.04.020 of the Carisbad Municipal Code is amended to read as follows: 17 18 19 20 20.04.020 Definitions. _ . . . . 21 A. Words used in this title that are defined in the Subdivision Map Act but not specifically defined in this chapter shall have the same meaning as is given to them in the 22 Subdivision Map Act. Whenever the following words are used in this title, they shall have the meaning ascribed to them in this section: * 23 1 "Adjustment plat" means a plat prepared pursuant to Chapter 20.36 ot this title and certified by the city engineer as having been approved pursuant to this title and filed in the office of the city engineer. 2. "Bicycle" means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem 9^ or tricycle arrangement. 3. "Bicycle route" means the generic term for all facilities that explicitly 27 provide for bicycle travel by a course which is to be traveled. 28 ' 2 12 4. "Cable television lines" means electronic cable, conduit and any other 1 appurtenances thereto which distribute television or other electronic signals. 5. "Conditional certificate of compliance" means a document describing a unit or contiguous units of real property and stating that the fulfillment and implementation of the ^ conditions set forth therein are required prior to subsequent issuance of a building or grading permit applicable thereto. 4 6. "Certificate of compliance" means a document describing a unit or contiguous units of real property and stating that the division thereof complies with applicable 5 provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto. 7. "City standards" means those standards and specifications, including 6 standard drawings, as may be adopted from time to time by the city engineer. These standards are to be on file in the office of the city clerk and in the engineering department. 7 8. "Development permit" means any permit, entitlement or approval required pursuant to Titles 20 or 21 of this code, or pursuant to any applicable master, specific, or 8 redevelopment plan. 9. "Final map" means a map prepared pursuant to Chapter 20.20 of this title 9 and the Subdivision Map Act which, after approval and recordation, is effective to complete the subdivision of a major subdivision. 10 10. "Improvement" means: a. Such street work and utilities, including ornamental street lights 11 and walkways to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, bicycle routes and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map; 14 b. Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any 15 other entity approved by the city council or by a combination thereof, is necessary to ensure conformity to or implementation of the general plan, any specific plan, any applicable local 16 coastal plan or any applicable master plan adopted according to this title. 11. "Interior lot" shall have the same definition as specified by Section 17 21.04.230 of this code. 12. "Major subdivision" means a subdivision of five or more lots. 18 13. "Minor subdivision" means a subdivision of four or fewer lots. 14. "Notice of violation" means a recorded document describing a unit or 19 contiguous units of real property, naming the owners thereof, and describing the manner in which the real property has been divided, or has resulted from a division in violation of the 20 Subdivision Map Act and city ordinances enacted pursuant thereto. 15. "Parcel map" means a map prepared pursuant to Chapter 20.32 of this ^1 title and the Subdivision Map Act which, after approval and recordation, is effective to effect the subdivision of a minor subdivision. 16. "Street" means a state highway, county or city road or street, public road, 2^ street, alley or thoroughfare. 17. "Subdivider" means a person, firm, corporation, partnership or association 24 who proposes to divide, divides, or causes to be divided real property into a subdivision for himself/herself or for others, except that employees and consultants of such persons or entities, 25 acting in such capacity, are not "subdividers." 18. "Subdivision" means the division, by any subdivider, of any unit or units of 26 improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, 27 whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility 28 easement or railroad rights-of-way. "Subdivision" includes a condominium project as defined in Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of -2- 22 3 Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a 1 stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be ^ considered a division of land for purposes of computing the number of parcels. 19. "Tentative map" means a map prepared for the purpose of showing the design and improvement of a proposed major subdivision, and the existing conditions in and 4 around it, filed with the city planner precedent to the preparation and filing of a final map, and may, but need not be, based upon an accurate and detailed final survey of the property. 5 20. "Tentative parcel map" means a map prepared for the purpose of showing the design and improvement of a proposed minor subdivision, and the existing 6 conditions in and around it, filed with the city planner for approval or conditional approval prior to the preparation and filing of a parcel map or prior to waiver of the requirement for a parcel map, 7 and may, but need not be, based upon an accurate and detailed final survey of the property. 21. "Through lot" means a lot having frontage on two parallel or 8 approximately parallel streets. 22. "Vesting tentative map" means a tentative map for a subdivision which 9 conforms to the requirements of Chapter 20.17 and confers upon the subdivider certain rights established by this title. "Vesting tentative parcel map" means a vesting tentative map prepared 10 in conjunction with a parcel map." 21 SECTION 3: That Section 20.04.040 of the Carlsbad Municipal Code is amended to read as follows: 11 12 13 20.04.040 Application of Subdivision Map Act, 14 A. Except as othenA/ise expressly provided in this title, all of the provisions of the Subdivision Map Act, which apply to subdivisions as defined in that act and all of the provisions 15 of this title, apply to subdivisions as defined in this title B. This title shall be inapplicable to: 16 1. The financing or leasing of: a. Apartments, offices, stores or similar space within a duplex, multiple 17 dwelling, apartment building, industrial building, commercial building, mobile home park or trailer park, 18 b. Any parcel of land or portion thereof in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not 1^ subject to review under other provisions of this code regulating design and improvement. c. Existing separate commercial or industrial buildings on a single parcel; ^0 2. The construction, financing or leasing of dwelling units and second dwelling units pursuant to California Government Code Sections 65852.1 and 65852.2, respectively. This title shall be applicable to the sale or transfer of those units. 22 3. Mineral, oil or gas leases; 4. Land dedicated for cemetery purposes under the Health and Safety Code 23 of the state; 5. A lot line adjustment between four or fewer existing adjoining parcels, 24 where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, provided an adjustment plat 25 pursuant to Chapter 20.36 of this title for the lot line adjustment is approved by the city planner; 6. Boundary line or exchange agreements to which the State Lands 26 Commission or a local agency holding a trust grant of tide and submerged lands is a party; 7. Any separate assessment under Revenue and Taxation Code Section 27 2188.7; 8. The conversion of a community apartment project or a stock cooperative, 28 as defined in Section 1351 of the California Civil Code, to a condominium, as defined in Section -3- 10 783 of the California Civil Code, provided that the requirements of California Government Code Section 66412(g) or (h), respectively, have been met and the subdivider provides certification that the requirements have been met; 9. The leasing of, or the granting of an easement to, a parcel of land or any ^ part thereof, in conjunction with the financing, erection, and sale or lease of any wind powered electrical generating device on the land, if the project is subject to discretionary action pursuant 4 to this code; 10. The leasing or licensing of a portion of a parcel, or the granting of an 5 easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation 6 of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power 7 sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action pursuant to this code. 11. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a ^ solar electrical generation device on the land, if the project is subject to review pursuant to other provisions of this code that regulate design and improvement or, if the project is subject to discretionary action pursuant to this code. 11 12. The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its 12 operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land, if the 13 project is subject to review pursuant to other provisions of this code regulating design and improvement or if the project is subject to discretionary action pursuant to this code. 14 13. Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber, or the grazing or 15 pasturing of livestock; 14. Leases of agriculturally zoned land to nonprofit organizations for the purpose of operating an agricultural labor housing project on the property if all of the following conditions apply: a. The property to be leased shall not be more than five acres. 18 b. The lease shall be for not less than 30 years. c. The lease shall be executed prior to January 1, 2017. 20 2 J Municipal Code are amended to read as follows 22 20.04.060 Reserved 23 20.04.070 Environmental impact review. A. All tentative maps and tentative parcel maps shall be subject to environmental 24 review in accordance with Title 19 of this code and the rules and procedures adopted by the city council pursuant to the California Environmental Quality Act of 1970. Consequently, unless 25 exempt from CEQA decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be subject to the following: 26 1. Tentative Maps. a. Negative Declaration. Upon receipt of a negative declaration with 27 respect to any tentative map, the decision-making authority may proceed to consider the tentative map without an environmental impact report. 28 16 SECTION 4: That Sections 20.04.060 through 20.04.080 of the Carisbad b. Environmental Impact Report. With respect to any tentative map 1 for which an environmental impact report is required, the decision-making authority shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative map. ^ 2. Tentative Parcel Maps. a. Negative Declaration. Upon receipt of a negative declaration with 4 respect to any tentative parcel map, the decision-making authority may proceed to consider the tentative parcel map without an environmental impact report. 5 b. Environmental Impact Report. With respect to any tentative parcel map for which an environmental impact report is required, the decision-making authority shall 6 consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative parcel map. 7 B. An application for approval of a subdivision shall not be complete, pursuant to Section 65943 of the California Government Code, until after the environmental review for such 8 subdivision has been accomplished. 9 20.04.080 Soils reports. A. A preliminary soils report, prepared by a civil engineer registered in this state and 10 based upon adequate test borings, shall be submitted to the appropriate official or body for every subdivision. 11 B. A preliminary soils report may be waived by the city engineer providing the city engineer finds that, due to the knowledge the city has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary. C. The preliminary soils report may be submitted to the city planner and fonA/arded to the city engineer for review. The city engineer may require additional information or reject the 14 report if it is found to be incomplete, inaccurate, or unsatisfactory. D. If the city has knowledge of, or the preliminary soils report indicates, the 15 presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the 16 city engineer. E. If the preliminary soils report indicates the presence of rocks or liquids containing 17 deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each 18 potentially affected lot in the subdivision may be required. F. Any soils investigation required pursuant to this section shall be done by a civil 19 engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where the 20 soils problem exists. G. The decision-making authority may approve the subdivision or portion thereof ^1 where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure. SECTION 5: That Sections 20.04.120 through 20.04.140 of the Carlsbad 12 Municipal Code are amended to read as follows: 22 23 24 25 20.04.120 Designated remainder parcel. 26 A. When a subdivision, as defined in Section 20.04.020, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion 27 which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the 28 purpose of sale, lease, or financing -5- 12 If the subdivider elects to designate a remainder or omit entirely that portion, the following requirements shall apply: 1. The designated remainder or omitted portion shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required. ^ 2. The fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a 4 permit or other grant of approval for development of the remainder or omitted parcel is issued. Fulfillment of the construction requirements, including the payment of fees associated with any 5 deferred improvements, within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel 6 may be required upon a finding by the decision-making authority that fulfillment of the construction requirements is necessary for reasons of: 7 a. The public health and safety; or b. The required construction is a necessary prerequisite to the orderly development of the surrounding area. B. A designated remainder or any omitted parcel is required to obtain a certificate of 9 compliance or conditional certificate of compliance pursuant to the provisions of Chapter 20.48 of this code prior to any further development or sale of the parcel. 10 1. Prior to the issuance of a certificate of compliance or conditional certificate of compliance, the city engineer shall make a determination under Section 11 20.16.040(h) of this code whether improvements should be required for the designated remainder or omitted parcel. The improvement requirements may be imposed as a condition of the certificate of compliance. For the purposes of this title, a parcel designated as "not a part" shall be deemed to be a designated remainder parcel. 14 20.04.130 Consideration of housing needs. A. In making decisions pursuant to this title, the decision-making authority shall 15 consider the effect of that decision on the housing needs of the region and balance those needs against the public service needs of its residents and available fiscal and environmental 16 resources. 17 20.04.140 Covenants for easement. A. Whenever under the provisions of Titles 18, 20 or 21 of this code an easement is 18 necessary or required for parking, ingress, egress, emergency access, light and air access, landscaping, drainage, private utilities, sewer/storm drain access or open space purposes, the 19 easement may be created by a covenant pursuant to this section. B. At the time of recording of the covenant of easement all the property benefited or 20 burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of ^1 Title 2 of Part 2 of Division 2 of the Civil Code except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property. The covenant of easement shall describe the real property subject to 2^ the easement and the real property benefited by the easement. The covenant of easement shall also identify the approval permit or designation granted which relied upon or required the covenant. C. A covenant of easement shall be enforceable by the owner of the real property 25 benefited by the covenant, and by the successors in interest to the real property benefited by the covenant. The covenant of easement shall be recorded in the office of the county recorder. 26 Upon recordation, the burdens of the covenant shall be binding upon and the benefits of the covenant shall inure to all successors in interest to the real property. 27 D. The covenant of easement may be released upon the application of any person upon approval or conditional approval by the city engineer. An application for release of a 28 covenant shall be accompanied by a fee in an amount designated by city council resolution. A 22 24 request for release of a covenant of easement may be consolidated with any other application for discretionary approval under this code. E. This section is adopted pursuant to Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7 of the Government Code. SECTION 6: That Sections 20.08.010 through 20.08.040 of the Carisbad Municipal Code are amended to read as follows: 1 2 3 4 5 20.08.010 Tentative map fee. 6 A. A tentative map examination fee in an amount established by city council resolution shall be paid at the time a tentative map is filed with the city planner. 7 20.08.015 Tentative map appeal fee. 8 A. A tentative map appeal fee in an amount established by city council resolution shall be paid at the time an appeal is filed with the city planner. 9 20.08.020 Revised tentative map fee. 10 A. A revised tentative map examination fee in an amount established by city council resolution shall be paid at the time that a revised tentative map is filed with the city planner. An 11 additional fee in an amount established by city council resolution shall be paid for the revision of ^2 a vesting tentative map. 20.08.030 Tentative map extension fee. A. At the time of filing a request for the extension of a tentative map with the city 14 planner, there shall be paid a tentative map extension processing fee equal to one-half of the fee prescribed in Section 20.08.010 for such tentative map. 15 20.08.035 Tentative map litigation stay fee. 16 A. At the time of filing a request for a stay with the city planner, there shall be paid a litigation stay processing fee equal to one-quarter of the fee prescribed in Section 20.08.010 for 17 such tentative map. 18 20.08.040 Final map fee. A. At the time of filing a final map with the city engineer, there shall be paid an 19 examination fee in an amount established by city council resolution. 20 SECTION 7: That Sections 20.08.060 through 20.08.090 of the Carisbad ^1 Municipal Code are amended to read as follows: 99 20.08.060 Tentative parcel map fee. 22 A. At the time of submission of a tentative parcel map, there shall be paid a tentative parcel map examination fee in an amount determined by the city council by resolution. 24 20.08.070 Parcel map fee. 25 A. At the time of filing of a parcel map the subdivider shall pay a processing fee in an amount determined by the city council by resolution. 26 20.08.080 Tentative parcel map extension fee. 27 A. At the time of filing a request for the extension of a tentative parcel map with the city planner, there shall be paid a tentative parcel map extension processing fee in an amount 28 determined by the city council by resolution. 20.08.090 Fees for adjustment plats. 1 A. At the time of filing an adjustment plat, there shall be paid an adjustment plat 2 examination fee in an amount determined by the city council by resolution. 2 SECTION 8: That Section 20.08.110 of the Carlsbad Municipal Code is 4 amended to read as follows: 5 20.08.110 Fees for certificates of compliance. A. At the time of filing any requests pursuant to this title intended to result in the 6 issuance of a certificate of compliance, there shall be paid a fee in an amount determined by the city council by resolution, to cover the cost of making the required determinations pursuant to 7 such request and the recording of any certificate of compliance resulting therefrom. 8 SECTION 9: That Section 20.08.140(k) of the Carisbad Municipal Code is 9 amended to read as follows: 10 (k) Notwithstanding the provision of subsection (j) of this section, payment of such fees shall not be required for: 11 (1) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the community and economic j2 development director, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the 14 community and economic development director, of all existing building on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification 15 of occupancy as defined by Section 501 of the Uniform Building Code; (2) The following accessory buildings and structures: private garages, 16 children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family 17 dwellings. 18 SECTION 10: That the list of sections in Chapter 20.12 of the Carisbad 19 Municipal Code is amended to read as follows: 20 20.12.010 Tentative map required. 20.12.015 Application and time limits for processing. ^1 20.12.020 Grading plan. 20.12.030 Preliminary title report. 20.12.040 Size of map. 23 20.12.050 Information on map. 20.12.060 Supplemental information. 24 20.12.062 Conversion of mobile home parks. 20.12.065 Proof of notice—Major subdivisions. 25 20.12.070 City planner's duties. 20.12.080 Notices and hearings. 26 20.12.090 Decision-making authority. 20.12.091 Required findings. 27 20.12.092 Announcement of decision and findings of fact. 20.12.093 Effective date and appeals. 28 20.12.100 Expiration of tentative maps. 20.12.110 Extension of tentative map. -8- 1 13 20.12.120 Tentative map amendment. 20.12.130 Vesting tentative maps. ^ SECTION 11: That Sections 20.12.010 through 20.12.015 of the Carlsbad 3 Municipal Code are amended to read as follows: 4 20.12.010 Tentative map required. 5 A. Any person proposing to create a major subdivision shall file a tentative map pursuant to this chapter with the city planner. The city engineer shall not approve a final map 6 unless a tentative map of the subdivision is approved pursuant to this chapter. Prior to filing a tentative map, the subdivider or his authorized agent shall confer with the city planner and the 7 city engineer regarding the preparation of the map. A proposed tentative map may not be filed unless it conforms to the requirements of this chapter. 8 B. Where a parcel map is authorized for a major subdivision pursuant to the Subdivision Map Act or this title, the city engineer shall not approve such map unless a tentative 9 map of the subdivision is approved pursuant to this chapter. C. Tentative maps shall be prepared and processed in accordance with the 10 Subdivision Map Act and the provisions of this title. The subdivider shall file as many copies of ^ ^ the tentative map or other required information as the city planner may require. 20.12.015 Application and time limits for processing. 1^ A. An application for a tentative map may be made by the owner of the property affected or the authorized agent of the owner. The application shall: 1. Be made in writing on a form provided by the city planner; ^4 2. State fully the circumstances and conditions relied upon as grounds for the application; and 15 3. Be accompanied by adequate plans, a legal description of the property involved, data specified by this title and all other materials as specified by the city planner. 16 B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 17 C. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as 18 evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of 19 the powers vested in the city as represented by the planning commission and the city council. D. The city planner shall not accept a tentative map for processing or filing unless 20 the city planner finds that: 1. The requirements of Title 19 of this code have been met; 21 2. The tentative map is consistent with the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued. ^2 E. All tentative maps shall be approved, conditionally approved or denied within the time limits specified by this title and the Subdivision Map Act. 1. If the decision-making authority does not take action to approve, 24 conditionally approve or deny the tentative map within the time limits specified by this title or the Subdivision Map Act, the tentative map as filed shall be deemed to be approved, insofar as it 25 complies with other applicable requirements of this code and the Subdivision Map Act. F. Notwithstanding the provisions of subsections D and E of this section, a tentative 26 map may be processed concurrently with other development permits or approvals required for the project, pursuant to Titles 19 or 21 of this, code, if the subdivider for the tentative map first 27 waives the time limits for processing, approving or conditionally approving or disapproving the tentative map established by this title or the Subdivision Map Act. Pursuant to the provisions of 28 Chapter 19.04 of this code, a tentative map may be processed but shall not be deemed complete until the environmental documents are completed. -9- SECTION 12: That Sections 20.12.062 through 20.12.120 of the Carlsbad Municipal Code are amended to read as follows: 12 2 20.12.062 Conversion of mobile home parks. A. At the time of filing a tentative map for a subdivision to be created from the 4 conversion of a mobile home park to another use, the subdivider shall also file a report specified by Section 66427.4 of the Government Code. 5 B. If the provisions of Chapter 21.37 apply to the mobile home park, the report specified in subsection (a) of this section shall include the report specified by Section 6 21.37.110(b)(3) of this code. C. In determining the impact of the conversion on displaced mobile home park 7 residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the 8 mobile home park at least fifteen days prior to the hearing on the map. If Chapter 21.37 applies, the subdivider shall also provide all notices required by Section 21.37.120 of this code. The 9 decision-making authority may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate 10 space in a mobile home park, and shall make all the findings required by Section 21.37.120. D. When approving or conditionally approving a tentative map for conversion of a 11 mobile home park, the decision-making authority shall do one of the following: 1. Mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park by zoning j2 additional land for mobile home parks; 2. Find that there is sufficient land zoned for mobile home parks or sufficient 14 space available in other mobile home parks for the residents who will be displaced; 3. Require the subdivider to mitigate any adverse impact pursuant to 15 subsection (c); 4. Find that the mitigation required by subsection (d)(1) and (d)(3) is not 16 feasible. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and 17 technological factors. 18 20.12.065 Proof of notice—Major subdivisions. A. Whenever the subdivider is required by this title or the Subdivision Map Act to 19 give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof, sufficient to allow the decision-making authority to find that the 20 notice has been given or the reports or information provided. Such proof may include declarations under penalty of periury. 20.12.070 City planner's duties. A. The city planner shall obtain the recommendation of the city engineer, the parks 23 and recreation director, the fire chief or their authorized representatives with respect to the design of the proposed subdivision and the kind, nature and extent of the proposed 24 improvements. Recommendations may also be obtained from affected agencies and any other person affected by or interested in the proposed subdivision, if such recommendations are 25 found to be necessary. B. Within ten days after the filing of a tentative map, the city planner shall send 26 notice of filing thereof with information about the location, number of units, density and any other information relevant to school districts to the governing board of any elementary, high school or 27 unified school district within whose boundaries the proposed subdivision is located. Such governing board shall make a written report thereon to the city indicating the impact of the 28 proposed subdivision and its recommendations within twenty working days after said notice was mailed, or the governing board shall be deemed to have approved the proposed subdivision. -10- C. The city planner shall prepare a staff report to the decision-making authority 1 containing recommendations regarding the tentative map. A copy of the staff report and recommendations shall be furnished to the subdivider and to each tenant of the subject property ^ in the case of a proposed conversion of residential real property to a condominium project, ^ community apartment project, or stock cooperative project at least three days prior to any hearing or action on such map by the planning commission. 4 D. The city planner shall set the map for public hearing before the planning commission. 5 20.12.080 Notices and hearings. 6 A. Notice of the public hearing for a tentative map application shall be given pursuant to Section 21.54.060 and 21.54.061 of this code. 7 1. If the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice 8 shall also be given by mail to each tenant of the subject property and shall include notification of the tenant's right to appear and be heard. 9 B. Failure by any person to receive notice specified in this section shall not invalidate any action taken pursuant to this title. 10 20.12.090 Decision-making authority. 11 A. The planning commission shall have the authority to approve, conditionally approve or deny a tentative map based upon its review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at a public hearing. B. The planning commission shall hear the matter, and may approve or conditionally 14 approve the tentative map if all of the findings of fact in Section 20.12.091 of this chapter are found to exist. 1. Whenever the planning commission approves or conditionally approves a tentative map providing for supplemental size of improvements, the establishment of benefit 16 districts, the execution of reimbursement agreements or the setting of fees under any of the provisions of Sections 20.08.130 or 20.08.140; Chapter 20.09; or Sections 20.16.041, 20.16.042 17 or 20.16.043, the map shall be fonA/arded to the city council, which shall hold a public hearing on the issue of the improvements. 18 2. Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this title, of the kind, nature and extent of any 19 improvements required to be constructed or installed in or to serve the subdivision. However, where the planning commission does not prescribe the kind, nature or extent of the 20 improvements to be constructed or installed, improvements shall be constructed and installed in accordance with the city standards. 21 c. Any decision to disapprove a tentative map shall be accompanied by a finding, 22 identifying the requirements which must be met or performed. 20.12.091 Required findings. A. The decision-making authority may approve or conditionally approve a tentative 24 map if all of the following findings are made: 1. The proposed subdivision, together with the provisions for its design and 25 improvement, is consistent with the general plan, applicable master and specific plans and with applicable provisions of Title 21. 26 2. All approvals and permits required by Title 21 for the project have been obtained or will be concurrently obtained with the approval of the subdivision. 27 3. The site is physically suitable for the type of development; 4. The site is physically suitable for the proposed density of development; 28 5. The design of the subdivision or proposed improvements: -11- 12 a. Are not likely to cause substantial environmental damage nor 1 substantially and avoidably injure fish or wildlife or their habitat; or b. If an environmental impact report was prepared with respect to the project, a finding was made, pursuant to Section 21081 (a)(3) of the California Public Resources 3 Code, that specific economic, social or other considerations make infeasibie the mitigation measures or project alternatives identified in the environmental impact report; 4 6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems; 5 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the 6 proposed subdivision; or, alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public; 7 a. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is 8 hereby granted to the decision-making authority to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 9 8. All requirements of the California Environmental Quality Act have been met; 10 9. The proposed subdivision meets or performs all applicable requirements or conditions of this title and the Subdivision Map Act, unless failure to do so is a result of a 11 technical and inadvertent error that does not materially affect the validity of the subdivision; 10. In the case of conversions of residential real property to condominiums, community apartments or stock cooperatives, all required notices and reports to tenants have j3 been or will be sent as required by California Government Code Section 66427.1 and other applicable laws; 14 11. If the proposed subdivision is on land that is subject to any of the contracts or easements specified in Section 66474.4 of the California Government Code: 15 a. The parcels resulting from the subdivision will be large enough to sustain agricultural use, as specified in Section 66474.4 of the California Government Code; 16 and b. If the subdivision will create lots for residential use, the residential 17 development will be incidental to the commercial agricultural use of the land. 12. The proposed subdivision complies with all requirements of the hillside 18 development regulations, Chapter 21.95 of the Carisbad Municipal Code. 19 20.12.092 Announcement of decision and findings of fact. A. When a decision on a tentative map is made pursuant to this chapter, the ^ decision-making authority shall announce its decision and findings by formal resolution. ^ ^ B. The announcement of decision and findings shall include: 1. A statement that the tentative map is approved, conditionally approved, or 22 denied; 2. The facts and reasons which, in the opinion of the decision-making 23 authority, make the approval or denial of the tentative map necessary to carry out the provisions and general purpose of this title; 24 3. Such conditions and limitations that the decision-making authority may impose in the approval of the tentative map. 25 C. The announcement of decision and findings shall be mailed to: 1. The owner of the subject real property or the owner's duly authorized 26 agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the planning division; 27 2. Any person who has filed a written request for a notice of decision; 28 20.12.093 Effective date and appeals. -12- A. Decisions on tentative maps shall become effective as of the date specified by 1 resolution of the decision-making authority unless the decision-making authority specified unless appealed and processed in accordance with the provisions of Section 21.54.150 of this ^ code and Section 66452.5 of the Subdivision Map Act. 3 20.12.100 Expiration of tentative maps. 4 A. The approval or conditional approval of a tentative map shall expire twenty-four months from the date the map was approved or conditionally approved unless it has been 5 extended pursuant to Section 20.12.110 of this chapter. B. The time period specified in subsection A., including any extension thereof 6 granted pursuant to Section 20.12.110 of this chapter, shall not include any period of time during which a development moratorium as defined in Section 66452.6(f) of the California 7 Government Code, imposed after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five years. 8 C. The period of time specified in subsection A., including any extension thereof granted pursuant to Section 20.12.110 of this chapter, shall not include any period of time 9 during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if a stay of such time period is approved by the 10 city council pursuant to this subsection. 1. An application for a stay must be filed by the subdivider in writing with the 11 city planner within ten days of the service on the city of the initial petition or complaint in such lawsuit. 1^ 2. The application shall state the reasons for the requested stay and include . ^ the names and addresses of all parties to the litigation. 3. The city planner shall notify all parties to the litigation of the date when 14 the application will be heard by the city council. 4. Within forty days after receiving such application, the city council shall 15 approve or conditionally approve the stay for up to five years or deny the requested stay. D. Prior to the expiration of the tentative map, a final map conforming to the 16 requirements of Chapter 20.20 of this title may be filed with the city engineer for approval. The final map shall be deemed filed on the date it is received by the city engineer. Once a timely and 17 complete filing has been made pursuant to this section, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may occur after the date of 18 expiration of the tentative map. E. The expiration of the approved or conditionally approved tentative map shall 19 terminate all proceedings and no final map of all or any portion of the real property included within the tentative map shall be filed without first processing a new tentative map. 20 20.12.110 Extension of tentative map. ^1 A. Automatic time extension. 1. Pursuant to California Government Code Section 66452.23, the expiration date of any tentative map, which has not expired on or before July 15, 2011 and will expire 23 before January 1, 2014, shall be extended by two years. a. The expiration of all project related permits or approvals, which 24 were granted concurrently, shall be extended by two years, provided said permits or approvals have not expired on or before July 15, 2011. 25 b. This section shall automatically sunset on January 1, 2014, unless Government Code Section 66452.23 is extended by the state legislature, in which case this 26 provision shall remain in effect concurrently with the effective date of the state law. B. Time extension by city planner. 27 1. The city planner may administratively, without a public hearing or notice, extend the time within which the right or privilege granted under a tentative map is valid, subject 28 to the following: 2. Prior to the expiration date of the tentative map, the subdivider shall -13- 22 12 submit a written request for a time extension, along with payment of the application fee 1 contained in the most recent fee schedule adopted by the city council. 3. Provided the written request for a time extension is timely filed, the tentative map shall be automatically extended for sixty days or until a decision to approve, 3 conditionally approve or deny the request is rendered, whichever occurs first; however, if a time extension is granted, it shall be based on the original approval date. 4 4. The city planner shall extend the tentative map for an additional two years, if the following findings are made: 5 a. The tentative map remains consistent with the general plan, all titles of this code and growth management program policies and standards in place at the time 6 the extension is considered; b. Circumstances have not substantially changed since the tentative 7 map was originally approved. c. The city planner may grant no more than three, two-year 8 extensions, for a total cumulative time extension of six years. d. All project related permits or approvals, which were granted 9 concurrently, shall be extended to expire concurrently with the tentative map, provided such permits or approvals remain consistent with the general plan, all titles of this code and growth 10 management program policies and standards in place at the time the extension is considered. e. When granting an extension of a tentative map, the city planner 11 may impose new conditions and may revise existing conditions. f. The city planner shall announce in writing, by letter, his/her decision to grant or deny an extension of a tentative map. A copy of the letter announcing the ^3 city planner's decision shall be mailed to the subdivider and to any person who has filed a written request to receive such notice. 14 5. City planner decisions on time extensions shall become effective as of the date specified by resolution of the decision-making authority unless appealed and processed in 15 accordance with the provisions of Section 21.54.140 of this code; except, if the city planner denies the time extension, the subdivider may file an appeal with the City Clerk within 15 days 16 of the denial, and said appeal shall be subject to the same process required for appeals of planning commission decisions specified in Section 21.54.150 of this code. 17 C. Extensions when filing multiple or "phased" final maps. 1. In addition to the provisions for time extensions specified in subsections A 18 and B of this section, a tentative map for which the filing of multiple or "phased" final maps has been authorized shall be extended subject to the following provisions:: 19 a. When the subdivider is required to expend an amount equal to or greater than specified in California Government Code Section 66452.6(a), as determined at the 20 time the tentative map is approved, to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, excluding ^1 improvements of public rights-of-way that abut the boundary of the property and are reasonably related to the development of that property, then each filing of a final map authorized by Section 20.20.020(c) of this code shall extend the expiration of the approved or conditionally approved 23 tentative map by thirty-six months from the date it would otherwise have expired or the date of the previously filed final map, whichever is later. 24 i. The extensions granted pursuant to this subsection shall not extend the tentative map for more than ten years, excluding extensions granted pursuant to 25 subsections A and B of this section. However, a tentative map for property subject to a development agreement authorized by the California Government Code and this code may be 26 extended for a period of time provided for in the agreement, but not beyond the duration of the agreement. 27 ii. "Public improvements", as used in this subsection, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, 28 flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. -14- 22 D. Extensions of vesting tentative maps shall be governed solely by the provisions 1 of Chapter 20.17 of this title, and by the provisions of subsection C.I .a. of this section. ^ 20.12.120 Tentative map amendment. A. An approved tentative map may be amended by following the same procedure required for the approval of said tentative map (except that if the City Council approved the 4 original tentative map, the Planning Commission shall have the authority to act upon the amendment), and upon payment of the application fee contained in the most recent fee 5 schedule adopted by the city council. B. If an approved tentative map was issued concurrently with the approval of 6 another project related development permit(s), any amendment to said tentative map shall be acted on by the decision-making authority that approved the original tentative map, except that if 7 the City Council approved the original tentative map, the Planning Commission shall have the authority to act upon the amendment. 8 C. In granting an amendment, the decision-making authority may impose new conditions and may revise existing conditions. 9 D. An amended tentative map shall conform to the following requirements: 1. The proposed subdivision shown on such map shall generally conform to 10 the street and lot pattern shown on the approved tentative map. 2. The proposed subdivision shown on such map shall include only one 11 contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include. 12 3. The map shall contain all of the information required on tentative maps . ^ and shall be accompanied by such data as is required to be filed with tentative maps. E. A tentative map amendment may be filed prior to expiration of a tentative map or 14 within the period of time specified in any extension granted thereto. 15 SECTION 13: That the list of sections in Chapter 20.16 of the Carisbad 16 Municipal Code is amended to read as follows: 17 20.16.010 Design of subdivision. 20.16.015 Design for passive or natural heating opportunities. 18 20.16.020 Conformance to street plans. 20.16.025 Reserved. 19 20.16.030 Dedication. 20.16.040 Required improvements. 20 20.16.041 Supplemental improvements—Required. 20.16.042 Supplemental improvements—Reimbursement agreement—Funding 21 procedures. 20.16.043 Supplemental improvements—Drainage, sewerage, bridges and major thoroughfares. 20.16.050 Monuments. 20.16.060 Agreement to improve. 24 20.16.070 Improvement security—Required. 20.16.080 Improvement security—Amount. 25 20.16.090 Improvement security—Release. 20.16.095 Off-site improvements—Acquisition of property interests. 26 20.16.100 Improvement security—Forfeiture. 27 SECTION 14: That Section 20.16.015 of the Carlsbad Municipal Code is 28 amended to read as follows: -15- 22 23 3 5 20.16.015 Design for passive or natural heating opportunities. 1 A. In addition to the requirements of Section 20.16.010, the design of a major subdivision for which a tentative map is required by this title, shall also provide to the extent ^ feasible for future passive or natural heating or cooling opportunities in the subdivision. 1. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east- 4 west alignment for southern exposure. 2. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes. 6 3. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to 7 configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot 8 which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. 9 4. The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are 10 added. 5. For the purposes of this section, "feasible" means capable of being 11 accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors as the city council may determine. 12 13 14 15 SECTION 15: That Section 20.16.025 of the Carisbad Municipal Code is amended to read as follows: 20.16.025 Reserved. 16 SECTION 16: That Section 20.16.040 of the Carlsbad Municipal Code is 17 amended to read as follows: 18 20.16.040 Required improvements. A. Before approving a final map, the decision-making authority shall require and 19 before a final map is approved by operation of law, it shall be required that: 1. The subdivider grade and improve or agree to grade and improve all land 20 dedicated or to be dedicated for streets or easements, bicycle routes and all private streets and private easements laid out on a final map or parcel map in such manner and with such ^1 improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, and in accordance with city standards; 22 2. The subdivider install or agree to install all drainage and flood-control structures and facilities required by the city engineer, which drainage and flood-control structures and facilities shall conform to city standards, or the standards of other appropriate 24 agencies as the city engineer adopts; 3. The subdivider install or agree to install fire hydrants and connections of a 25 type and location approved by the fire chief. For local residential streets, fire hydrant connections, including valves, shall be installed between the sidewalk and the curb and gutter in 26 the parkway; 4. The subdivider provide all necessary easements and rights-of-way to 27 accommodate all streets, drainage and flood-control structures and facilities and sewer systems extending beyond the boundaries of the subdivision; 28 5. The subdivider provide that the subdivision be connected to a domestic water system approved by the city and all water mains shall be of a material subject to the -16- 13 requirements of the water company or agency sen/ing the subdivision. That the subdivider shall install or agree to install all required water systems necessary to serve the subdivision and that all water lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to insure said construction; and 6. Where a sewer line is constructed or laid within a street or road, the subdivider has installed or agreed to install sewer lines of a type and size approved by the city engineer to the property line of each lot within the subdivision and all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to insure the construction. B. If the offer of dedication of streets is rejected on the map pursuant to Section 66477.1 of the Subdivision Map Act, no surfacing shall be required on any street so rejected; provided, however, this provision shall not be construed as relieving the subdivider of the obligation of: 1. Grading such rejected streets to grades and widths required by city standards; 2. Installing all drainage structures and facilities required by the city engineer, which shall conform to city standards; or 3. Installing water supply pipelines, fire hydrants and connections as may be 10 required by the city engineer and fire chief. C. No surfacing is required on any private street laid out on any parcel map where 11 each parcel shown on such map contains a gross area of twenty acres or more; provided, however, this provision shall not be construed as relieving a subdivider of the obligation of: 1^ 1. Grading such private streets to grades and widths required by city standards; 2. Installing all drainage structures and facilities required by the city 14 engineer, which shall conform to city standards; and 3. Installing water supply pipelines, fire hydrants and connections as may be 15 required. D. The design of any subdivision for which a tentative map or parcel map is required 16 pursuant to Government Code Section 66426 shall provide for appropriate cable television systems and for communication systems, including, but not limited to, telephone and internet 17 services, to each parcel in the subdivision. All new utility distribution facilities, including cable television conduit and lines, and communications systems, within the boundaries of any new 18 subdivision or within the half-street abutting a new subdivision, shall be placed underground. All existing utility distribution facilities shall be placed underground within the boundaries of any 19 new subdivision or within any half-street abutting any new subdivision except where the existing facilities within any single half-street section abutting the new subdivision span a distance of 20 less than six hundred feet, or where it is determined by the city engineer that it is not practicable to place the existing facilities underground within any single half-street section due to the ^1 existence of overhead utility sen/ices to properties on the opposite side of that half-street section, in which cases the subdivider shall execute and record a covenant running with the land not to oppose a local improvement district for underground placement of utilities. In developments where overhead utility distribution facilities are allowed to remain, all new sen/ices to existing lots and lots created according to the provisions of this 24 title shall be installed underground from the nearest utility pole. The subdivider is responsible for complying with the requirements of this 25 subsection, and he shall make the necessary arrangements with each of the serving utilities, including franchised cable television operators, and communication system providers, including, 26 but not limited to, telephone and internet sen/ices, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities 27 necessarily appurtenant to such underground utilities and street lighting systems may be placed aboveground, subject to approval of the city engineer as to type and location. The provisions of 28 this subsection shall not apply to the installation and maintenance of overhead electric transmission lines in excess of thirty-four thousand five hundred volts and long-distance and -17- 23 3 trunk communication facilities. The installation of cable television lines may be waived when, in 1 the opinion of the city council, no franchised cable television operator is found to be willing and able to install cable television lines in the subdivision. Notwithstanding any such waiver, the ^ installation of cable television conduits is required. E. The subdivider shall construct or shall cause to be constructed at his cost a street lighting system conforming to city standards. 4 F. Where the city has adopted a flood-control element or drainage element of the general plan, any improvements shall conform to such element wherever possible. 5 G. The subdivider shall comply or agree to comply with all the conditions of approval contained in the resolution approving the tentative map and not othenA/ise provided for by this 6 section. H. If improvements are required for a designated remainder parcel, the fulfillment of 7 such requirements by the construction of improvements shall not be required until such time as a building or grading permit for development of the parcel is issued by the city or until such time 8 as the construction of such improvements is required pursuant to an agreement between the subdivider and the city. In the absence of such an agreement, the city council may require 9 fulfillment of some or all of such construction requirements within a reasonable time following approval of the final map and prior to the issuance of a building or grading permit for the 10 development of a remainder parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of public health and safety or that the construction is a 11 necessary prerequisite to the orderly development of the surrounding area. 1^ SECTION 17: That Section 20.16.060 of the Carlsbad Municipal Code is 13 amended to read as follows: 14 20.16.060 Agreement to improve. 15 A. Unless the decision-making authority requires the subdivider to construct improvements prior to final map approval, the subdivider may elect to agree to construct 16 improvements or to othenA/ise comply with the requirements of this title and with the conditions in the resolution approving the tentative map or, if authorized by the city council, may contract to 17 initiate and consummate special assessment district proceedings in lieu of constructing improvements, as provided in Section 66462 of the Subdivision Map Act. If the subdivider 18 consents, or the city council requires pursuant to Section 20.16.040, the agreement may provide for the improvements for a designated remainder parcel prior to issuance of a building or 19 grading permit for such parcel. In addition, the subdivider shall prepare and deposit with the city clerk detailed plans and specifications of the improvements to be constructed or the conditions 20 to be met, and such plans and specifications shall be made a part of any such agreement or contract and of the improvement security securing the same. The city manager is authorized to ^1 sign such agreements on behalf of the city. SECTION 18: That Section 20.17.030 of the Carisbad Municipal Code is 23 amended to read as follows: 24 20.17.030 Rights conferred. 25 A. Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in substantial compliance 26 with the ordinances, policies and standards in effect at the date the application is deemed complete, as described in Section 66474.2 of the Government Code. However, if Section 27 66474.2 is repealed the approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the 28 vesting tentative map or vesting tentative parcel map was approved or conditionally approved. Any disputes regarding whether a development substantially complies with the approved or -18- conditionally approved map, or with the ordinances, policies or standards described in this subsection, shall be resolved by the decision-making authority which approved the vesting tentative map or vesting tentative parcel map, in accordance with Sections 20.12.090 and 20.24.120. B. Notwithstanding subsection A of this section, a permit, approval, extension or entitlement for development may be conditionally approved or denied if the decision-making authority determines: 1. A failure to condition or deny the permit, approval, extension or entitlement would place the residents of the subdivision or of the immediate community or both in a condition dangerous to their health or safety or both; or 2. The condition or denial is required in order to comply with state or federal law. C. The rights conferred by a vesting tentative map or vesting tentative parcel map shall expire if: 1. A final map or parcel map is not approved prior to the expiration of the vesting tentative map or the vesting tentative parcel map; 2. The applicant has requested a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative map or vesting tentative 10 parcel map has been approved. D. If the final map or parcel map is approved prior to the expiration of the vesting 11 tentative map or vesting tentative parcel map, the vested rights conferred by subsection (a) of this section shall last as follows: 1^ 1. The vested rights shall last for an initial time period of two years from the ^ recording of the final map or parcel map. Where several final maps or parcel maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative 14 parcel map the two-year initial period shall begin for each phase when the final map or parcel map for that phase is recorded. 15 2. The two-year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit or for design or 16 architectural review, if such processing exceeds thirty days from the date a complete application is accepted. 17 3. A subdivider may apply to the decision-making authority for a one-year extension of the vested rights at any time before the initial two-year time period expires. An 18 extension may be granted only if the decision-making authority finds that the map still complies with the requirements of this title. The decision-making authority may approve, conditionally 19 approve or deny an extension in its sole discretion, subject to appeal in accordance with Chapter 20.12 or 20.24 20 4. If the subdivider submits a complete application for a building permit during the periods of time set forth in subsections (d)(1) through (3) the vested rights shall ^1 continue until the expiration of that building permit or any extension of that building permit. E. Upon the expiration of the time limits specified in subsections (a) and (d), all vested rights conferred by this section shall cease, and the project shall be considered the same ^3 as any subdivision which was not processed pursuant to this chapter. F. Notwithstanding subsection (a), the amount of any fees which are required to be 24 paid either as a condition of the map approval or by operation of any law shall be determined by application of the law or policy in effect at the time the fee is paid. The amounts of the fees are 25 not vested upon approval of the vesting tentative map or vesting tentative parcel map. 26 SECTION 19: That the list of sections in Chapter 20.20 of the Carisbad 27 Municipal Code is amended to read as follows: 28 20.20.010 Maps to conform to requirements of approved tentative map. 20.20.020 City engineer to approve maps. -19- 22 20.20.030 Required offer of dedication. 1 20.20.040 Grant of open space easement. 20.20.050 Type of map required. 20.20.060 Additional data on final subdivision maps. 20.20.070 Record of easements. 20.20.080 Survey data. 20.20.090 Lot numbers. 20.20.100 Established lines. 5 20.20.110 Additional certificates on final subdivision maps. 20.20.115 Notice of owner's development lien. 6 20.20.120 Title company certificate and report. 20.20.130 Title company subdivision guarantee. 7 20.20.140 Approval as to form. 20.20.150 Stamping or printing of certificates. 8 20.20.160 Soil reports. 20.20.165 Appeal of city engineer decision. 9 20.20.170 Transmittal of final map. 10 SECTION 20: That Sections 20.20.010 through 20.20.030 of the Carlsbad 11 Municipal Code are amended to read as follows: 12 20.20.010 Maps to conform to requirements of approved tentative map. j3 A. All ifinal and parcel maps for major subdivisions shall conform to the requirements of the Subdivision Map Act and this title and also shall conform to the requirements specified in 14 the approval or conditional approval of the tentative map. 15 20.20.020 City engineer to approve maps. A. Pursuant to California Government Code Section 66458(d), the city engineer is 16 authorized to approve or deny final maps. B. The city engineer shall notify the city council at its next regular meeting after the 17 official receives the map that the city engineer is reviewing the map for final approval. 1. The city clerk shall provide notice of any pending approval or denial by 18 the city engineer, such notice shall be attached and posted with the city council's regular agenda and shall be mailed to interested parties who request notice. 19 C. The city engineer shall approve or deny the final map within ten days following the meeting of the city council held pursuant to subsection B of this section. 20 D. The city engineer shall not consider a final map unless there is a valid tentative map for the subdivision. E. No final map shall be filed in the office of the county recorder until approved by the city engineer, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of 23 the tentative map, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The city 24 engineer may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error which, in the determination of the city 25 engineer, doesn't materially affect the validity of the map. F. Multiple or "phased" final maps may be filed for portions of the tentative map, 26 provided that the tentative map approval divides a subdivision into units and the final map or "phased" final map substantially conforms to one or more of such units and complies with all 27 conditions applicable to such units. The number of final maps or "phased" final maps which may be filed shall be determined by the decision-making authority at the time of the approval or 28 conditional approval of the tentative map. When dividing a subdivision into units, the decision- making authority shall ensure that the design and improvement of each unit are consistent with -20- 21 3 the provisions of this title. If the subdivider is subject to a requirement to construct or improve or 1 finance the construction and improvement of public improvements outside the boundary of the subdivision the cost of that requirement shall be established at the time the tentative map is approved. If the cost of the off-site public improvements requirement is one hundred thousand dollars or more it shall be a condition of the tentative map that additional conditions may be placed on the extension of the tentative map which occurs by operation of Section 20.12.110(b) 4 of this code; and further, it shall be a condition that upon the filing of any multiple final map or phased final map the city engineer may modify or eliminate the phasing scheme. 5 G. The city engineer shall not approve a final map for a subdivision to be created from a conversion of residential real property into a condominium project, a community 6 apartment project, or a stock cooperative project unless it finds all of the following: 1. Each of the tenants of the proposed condominium project, community 7 apartment project, or stock cooperative project has received written notification of intention to convert at least sixty days prior to the filing of a tentative map. There shall be a further finding 8 that each such tenant and each person applying for the rental of a unit in such residential real property has or will have received all applicable notices and rights now or hereafter required by 9 this title or the Subdivision Map Act. In addition, a finding shall be made that each tenant has received ten days' written notification that an application for a public report will be or has been 10 submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such 11 notices comply with the legal requirements for service by mail. 2. Each of the tenants of the proposed condominium project, community apartment project, or stock cooperative project has tieen or will be given written notification . 3 within ten days of approval of a final map for the proposed conversion. 3. Each of the tenants of the proposed condominium project, community 14 apartment project, or stock cooperative project has been or will be given one hundred-eighty days' written notice of intention to convert prior to termination of tenancy due to the conversion 15 or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or 16 obligations of the parties in performance of their covenants, including but not limited to the provisions of services, payment of rent or the obligations imposed by Sections 1941,1941.1 and 17 194.1 of the California Civil Code. 4. Each of the tenants of the proposed condominium project, community 18 apartment project, or stock cooperative project has been or will be given notice of an exclusive right to contract for the purchase of his or her respective units upon the same terms and 19 conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance 20 of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right. 21 5. The owners of a stock cooperative or community apartment project have voted in favor of such conversion as specified by Section 66452.10 of the State Government Code. 6. This section shall not diminish, limit or expand, other than as provided herein, the authority of the decision-making authority to approve or disapprove condominium 24 projects. 25 20.20.030 Required offer of dedication. A. As a condition precedent to the approval by the city engineer of any final map, all 26 parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels, other than streets, intended for the exclusive use of the lot 27 owners in the subdivision, their licensees, visitors, tenants and servants. 28 -21- 22 23 SECTION 21: That Section 20.20.110 of the Carlsbad Municipal Code is amended to read as follows: 20.20.110 Additional certificates on final subdivision maps. A. In addition to certificates and other material required by the Subdivision Map Act and this title, every final subdivision map shall bear the following certificates or endorsements: 1. A certificate by the city treasurer and the director of sanitation and flood control, where applicable, to the effect that there are no unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any part thereof; 2. A certificate by the clerk of the board of supen/isors that the provisions of Division 2, Title 7 of the Government Code have been complied with regarding security for payment of taxes or special assessments collected as taxes on the property whenever any part of the subdivision is subject to a lien for taxes, or special assessments collected as taxes, which are not yet payable; 3. Certificate of the county recorder as to the filing of the map; 4. A certificate signed and sealed by the engineer/sun/eyor in accordance 10 with Section 66441 of the Subdivision Map Act; 5. A certificate signed by the city engineer in accordance with Section 66442 11 of the Subdivision Map Act; 6. A certificate signed by the city engineer that the tentative map has been approved or conditionally approved by the decision-making authority; 7. Endorsement by the city attorney of his approval of the map as to form; 8. A certificate signed by the city engineer accepting, accepting subject to 14 improvement, or rejecting all offers of dedication that are made by a statement on the map; 9. If applicable, a certificate signed by the city clerk attesting to the approval 15 of the map by the city council and their acceptance, acceptance subject to improvement, or rejection on behalf of the public of all dedications shown thereon; 15 10. An owner's certificate as required by Section 66436 of the Subdivision Map Act which shall bear the signatures of all parties owning any record title interest in the land 17 subdivided except those which have been omitted pursuant to Section 66436 of the Subdivision Map Act. The names of any parties who own interests described in Section 66436 of the 18 Subdivision Map Act and who have not signed the owner's certificate shall be set forth in the owner's certificate together with a description of their respective interests and the reasons why 19 they have not signed the certificate. All such signatures of owners and others, whether individuals or corporations, must be properly signed and acknowledged before a notary public. 20 In case a subdivision map is signed by a corporation, a certified copy of the resolution passed by the board of directors of such corporation authorizing that action must accompany the map; 21 11. Where dedications are required, a certificate offering to dedicate interests in real property for specified public purposes in accord with Section 66439 of the Subdivision Map Act. The certificate shall be properiy signed and acknowledged before a notary public and shall be signed by all parties having any record title interest in the real property being subdivided subject to the provisions of Section 66436 of the Subdivision Map Act. In case any 24 dedication or consent shown on a subdivision map is signed by a corporation, a certified copy of the resolution passed by the board of directors of such corporation authorizing that action must 25 accompany the final map. 26 SECTION 22: That Section 20.20.140 of the Carisbad Municipal Code is 27 amended to read as follows: 28 20.20.140 Approval as to form. -22- A. All final subdivision maps filed with or submitted to the city engineer shall be first 1 submitted to the city attorney and approved as to form by him. ^ SECTION 23: That Section 20.20.165 is added to the Carisbad Municipal 3 Code as follows: 4 20.20.165 Appeal of city engineer decision. 5 A. The city engineer's approval or denial of a final map may be appealed to the city council, subject to the same requirements for appeals of planning commission decisions 6 specified in Section 21.54.150 of this code. 7 SECTION 24: That Section 20.20.170 of the Carisbad Municipal Code is 8 amended to read as follows: 9 20.20.170 Transmittal of final map. A. Upon approval of the final map, the city engineer shall transmit the map to the 10 appropriate county agency pursuant to Government Code Section 66464 for filing with the ^ ^ county recorder. 12 ^3 Municipal Code is amended to read as follows 22 SECTION 25: That the list of sections in Chapter 20.22 of the Carisbad SECTION 26: That Section 20.22.010 of the Carisbad Municipal Code is amended to read as follows: 14 20.22.010 Purpose and applicability. 20.22.020 Definition. 15 20.22.030 Parcel map required. 20.22.040 Required findings. 16 20.22.050 Improvements, dedications and design. 20.22.060 Abandon environmental subdivision. 17 18 19 20.22.010 Purpose and applicability. 20 A. This chapter is intended to implement Government Code Section 66418.2 which excepts, among other things, land being subdivided solely for the creation of an environmental -^1 subdivision from the requirement of a tentative and final map when five or more parcels are created. B. This chapter shall apply only upon the written request of the landowner at the 23 time the land is divided. This section is not intended to limit or preclude subdivision by other lawful means for the mitigation of impacts to the environment, or of the land devoted to these 24 purposes, or to require the division of land for these purposes. 25 SECTION 27: That Section 20.22.030 of the Carisbad Municipal Code is 26 amended to read as follows: 27 20.22.030 Parcel map required. A. A parcel map shall be required for environmental subdivisions, pursuant to 28 applicable requirements specified in Chapters 20.24, 20.28 and 20.32 of this title. •23- 5 SECTION 28: That Section 20.22.040.A of the Carisbad Municipal Code is amended to read as follows: 3 A. Prior to approving or conditionally approving an environmental subdivision, the decision-making authority shall find each of the following: 4 1. That factual biotic or wildlife data, or both, are available to the city to support the approval of the subdivision, prior to approving or conditionally approving the environmental subdivision. 2. That provisions have been made for the perpetual maintenance of the 6 property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, state, or federal agency requiring mitigation. 7 3. That an easement will be recorded in the county in which the land is located to ensure compliance with the conditions specified by any local, state, or federal agency 8 requiring the mitigation. The easement shall contain a covenant with a county, city, or nonprofit organization running with the land in perpetuity, that the landowner shall not construct or permit 9 the construction of improvements except those for which the right is expressly reserved in the instrument. Where the biotic or wildlife habitat, or both, are compatible, the city shall consider 10 requiring the easement to contain a requirement for the joint management and maintenance of the resulting parcels. This reservation shall not be inconsistent with the purposes of this section 11 and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or ^2 both, of the land. ^3 SECTION 29: That Sections 20.22.050 through 20.22.060 are added to the 14 Carisbad Municipal Code as follows: 15 20.22.050 Improvements, dedications and design. A. Notwithstanding Government Code Section 66411.1(a) (limiting required 16 improvements to the dedication of rights of way, easements, and the construction of reasonable off-site and on-site improvements for parcels created by division of land which is not a 17 subdivision of five or more lots), any improvement, dedication, or design required by the city as a condition of approval of an environmental subdivision shall be solely for the purposes of 18 ensuring compliance with the conditions required by local, state, or federal agency requiring the mitigation. 19 20.22.060 Abandon environmental subdivision. 20 A. After recordation of a parcel map for an environmental subdivision, a subdivider may only abandon an environmental subdivision by reversion to acreage pursuant to Chapter ^1 20.40 and Government Code Section 66499.11, if the city finds that all of the following conditions exist: 1. None of the parcels created by the environmental subdivision has been 23 sold or exchanged. 2. None of the parcels is being used, set aside, or required for mitigation 24 purposes pursuant to this section. 3. Upon abandonment and reversion to acreage pursuant to this 25 subdivision, the easement for biotic and wildlife purposes is extinguished. B. If the environmental subdivision is abandoned and reverts to acreage pursuant to 26 this section, all local, state, and federal requirements shall apply. 27 SECTION 30: That the list of sections in Chapter 20.24 of the Carisbad 28 Municipal Code is amended to read as follows: -24- 20.24.010 Minor subdivision. 1 20.24.020 Tentative parcel map required. 20.24.030 Application and time limits for processing. ^ 20.24.040 Information to be filed with tentative parcel map. 3 20.24.050 Grading plan. 20.24.060 Preliminary title report. 4 20.24.065 Conversion of mobile home parks. 20.24.070 Replacement tentative parcel map. 5 20.24.080 Revised tentative parcel map. 20.24.090 Other department and agency review. 6 20.24.100 Assignment of certain responsibilities to the city engineer. 20.24.110 Proof of notice—Minor subdivisions. 7 20.24.115 Notices. 20.24.120 Decision-making authority. 8 20.24.130 Required Findings. 20.24.135 Announcement of decision and findings of fact. 9 20.24.140 Effective date and appeals. 20.24.150 Waiver of parcel map. 10 20.24.160 Expiration of tentative parcel map. 20.24.180 Extension of tentative parcel map. 11 20.24.185 Tentative parcel map amendment. ^2 20.24.190 Vesting tentative parcel map. 13 14 Municipal Code are amended to read as follows: 22 23 SECTION 31: That Sections 20.24.020 through 20.24.040 of the Carlsbad 15 20.24.020 Tentative parcel map required. A. Any person proposing to create a minor subdivision pursuant to this title shall file 16 with the city planner a tentative parcel map pursuant to the provisions of this chapter; provided, however, an adjustment plat may be filed in lieu of a tentative parcel map under the conditions 17 specified in Chapter 20.36 of this title. The city planner shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the 18 minor subdivision shown thereon shall have been filed with and approved pursuant to this chapter. 19 20.24.030 Application and time limits for processing. 20 A. An application for a tentative parcel map may be made by the owner of the property affected or the authorized agent of the owner. The application shall: 21 1. Be made in writing on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the application; and 3. Be accompanied by adequate plans, a legal description of the property involved, data specified by this title and all other materials as specified by the city planner. 24 B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 25 C. If signatures of persons other than the owners of property making the application 26 are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been sen/ed upon them of the pending application, or as evidence of 27 their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the city planner, planning commission and the 28 city council. -25- 3 13 D. The city planner shall not accept a tentative parcel map for processing unless the city planner finds that: 1. The requirements of Title 19 of this code have been met; ^ 2. The tentative parcel map is consistent with the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued. 4 E. All tentative parcel maps shall be approved, conditionally approved or denied within the time limits specified by this title and the Subdivision Map Act. 5 1. If the decision-making authority does not take action to approve, conditionally approve or deny the tentative parcel map within the time limits specified by this title 6 or the Subdivision Map Act, the tentative parcel map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of this code and the Subdivision Map 7 Act. F. Notwithstanding the provisions of subsections D and E of this section, a tentative 8 parcel map may be processed concurrently with other development permits or approvals required for the project required by Titles 19 or 21 of this code, if the subdivider for the tentative 9 parcel map first waives the time limits for processing, approving or conditionally approving or disapproving a tentative parcel map provided by this title or the Subdivision Map Act. Pursuant 10 to the provisions of Chapter 19.04 of this code, a project may be processed according to this ^ ^ chapter but still not be deemed complete until the environmental documents are completed. 20.24.040 Information to be filed with tentative parcel map. 1^ A. Such information as may be prescribed by the rules and regulations approved by the city council pursuant to Section 20.04.060 of this title and such additional information as the city planner may find necessary with respect to any particular case to implement the provisions 14 of this title shall accompany the tentative parcel map at the time of submission. 15 SECTION 32: That Sections 20.24.060 through 20.24.130 of the Carlsbad 16 Municipal Code are amended to read as follows: 17 20.24.060 Preliminary title report. A. There shall be filed with each tentative parcel map a current preliminary title 18 report of the property being subdivided or altered. 19 20.24.065 Conversion of mobile home parks. A. At the time of filing a tentative parcel map for a subdivision to be created from the 20 conversion of a mobile home park to another use, the subdivider shall also file a report specified by Section 66427.4 of the California Government Code and, if applicable. Section ^1 21.37.110(b)(3) of this code. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park within fifteen days of the filing of the tentative parcel map. The subdivider shall also provide all notices required by Section 21.37.120 of this code. The city planner may 24 require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park, 25 and shall make all the findings required by Section 21.37.120. 26 20.24.070 Replacement tentative parcel map. A. A replacement tentative parcel map shall be submitted when the city planner 27 finds that the number or nature of the changes necessary for approval are such that they cannot be shown clearly or simply on the original tentative parcel map. 23 28 20.24.080 Revised tentative parcel map. -26- A. Where a subdivider desires to revise an approved tentative parcel map, the subdivider may file with the city planner, prior to the expiration of the approved tentative parcel map, a revised tentative parcel map on payment of the fees specified in Section 20.08.060. 3 20.24.090 Other department and agency review. A. Within five working days after a tentative parcel map has been filed, the city 4 planner shall transmit copies of the tentative parcel map together with accompanying information to such public agencies and public and private utilities as the city planner 5 determines may be concerned. Each of the public agencies and utilities may, within ten working days after the map has been sent to such agency, fonA/ard to the city planner a written report of 6 its findings and recommendations thereon. B The city planner shall obtain the recommendations of other city departments, 7 governmental agencies or special districts as may be deemed appropriate or necessary by the city planner in order to carry out the provisions of this title; 8 20.24.100 Assignment of certain responsibilities to the city planner. 9 A. The responsibilities of the city council pursuant to Sections 66473.5, 66474, 66474.1 and 66474.6 of the Subdivision Map Act and the responsibilities of the planning 10 commission pursuant to Section 65402 of the Government Code and Section 2.24.065 of this code are assigned to the city planner with respect to those tentative parcel maps filed pursuant 11 to this chapter. 12 20.24.110 Proof of notice—Minor subdivisions. j3 A. Whenever the subdivider is required by this title or the Subdivision Map Act to give any notice or provide any report or information to any person other than the city, the 14 subdivider shall submit proof sufficient to allow the city planner to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty 15 of periury. 16 20.24.115 Notices. A. Notice of an application for a tentative parcel map shall be given pursuant to the 17 provisions of Section 21.54.061 of this title and the following: 1. At least ten calendar days prior to a decision on the application, written 18 notice shall be given as follows: a. Notice by mail. Mailed or delivered to: 19 i. The owner of the subject real property or the owner's duly authorized agent; 20 ii. The subdivider and/or the subdivider's representative; iii. All owners of real property as shown on the latest ^1 equalized assessment roll within three hundred feet of the real property that is the subject of the tentative parcel map. In lieu of utilizing the assessment roll, records of the county assessor or tax collector that contain more recent information than the assessment roll may be used. If the 23 number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand, in lieu of mailed or delivered notice, notice may be given by placing 24 a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city. 25 iv. All occupants within one hundred feet of the subject property and to the area office of the California Coastal Commission. This requirement applies 26 to minor coastal development permits only. V. Any person who has filed a written request for notice with 27 the city clerk. The city clerk shall charge a fee established by city council resolution which is reasonably related to the costs of providing this service. Each request shall be annually 28 renewed. -27- 22 vi. When a tentative parcel map is for the conversion of 1 existing residential real property to a condominium project, community apartment project or stock cooperative project, the notice required by this section shall be sent to all tenants of the project. 3 2. Once notice has been given in accordance with this section, any person may file written comments or a written request to be heard within ten calendar days of the date 4 of the notice. If a written request to be heard is filed, the city planner shall: a. Schedule an administrative hearing; and 5 b. Provide written notice at least five calendar days prior to the date of the administrative hearing to the owner of the subject real property or the owner's duly 6 authorized agent, the project applicant and/or applicant's representative, and any person who filed written comments or a written request to be heard. 7 B. The failure by any person to receive the notice specified herein shall not invalidate any action taken pursuant to this title. 8 20.24.120 Decision-making authority. 9 A. The city planner shall have the authority to approve, conditionally approve or deny a tentative parcel map based upon review of the facts as set forth in the application, the 10 circumstances of the particular case, and evidence presented at an administrative hearing if one is conducted pursuant to the provisions of Section 21.24.110 of this title. 11 B. The city planner may approve or conditionally approve the tentative parcel map jf ^2 all Of the findings of fact in Section 20.24.130 of this chapter are found to exist. 1. Whenever the city planner approves or conditionally approves a tentative 13 parcel map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of fees under any of the 14 provisions of Sections 20.08.130 or 20.08.140; Chapter 20.09; or Sections 20.16.041, 20.16.042 or 20.16.043, the map shall be fonA/arded to the city council, which shall hold a public hearing on 15 the issue of the improvements. 2. Any decision to approve or conditionally approve a tentative parcel map 16 shall include a description, pursuant to the provisions of this title, of the kind, nature and extent of any improvements required to be constructed or installed in or to serve the subdivision. 17 However, where the city planner does not prescribe the kind, nature or extent of the improvements to be constructed or installed, improvements shall be constructed and installed in 18 accordance with the city standards. 3. Any decision to disapprove a tentative parcel map shall be accompanied 1^ by a finding, identifying the requirements or conditions which have not been met or performed. 20.24.130 Required Findings. 2j A. The decision-making authority may approve, or conditionally approve a tentative parcel map if all of the findings in Section 20.12.091 of this title and the following findings are made: 1. The land proposed for division was created legally, or the lot or parcel has 23 been approved by the city and a certificate of compliance relative thereto has been filed with the county recorder; 24 2. The subdivision does not create five or more lots, inclusive of the total number of lots in a parcel map of which the subject land is a part of and which was approved or 25 recorded less than two years prior to the filling of the subject tentative parcel map; 3. The land proposed for division is not part of an approved tentative parcel 26 map wherein the parcel map requirement was waived pursuant to provisions of this division and a certificate of compliance has been filed with the county recorder pursuant to Chapter 20.48 of 27 this title; 28 -28- 22 SECTION 33: That Section 20.24.135 is added to the Carlsbad Municipal Code as follows: 3 20.24.135 Announcement of decision and findings of fact. A. When a decision on a tentative parcel map is made pursuant to this chapter, the 4 decision-making authority shall announce its decision and findings in writing. B. The announcement of decision and findings shall include: 5 1. A statement that the tentative parcel map is approved, conditionally approved, or denied; 6 2. The facts and reasons which, in the opinion of the decision-making authority, make the approval or denial of the tentative parcel map necessary to carry out the 7 provisions and general purpose of this title; 3. Such conditions and limitations that the decision-making authority may 8 impose in the approval of the tentative parcel map. C. The announcement of decision and findings shall be mailed to: 9 1. The owner of the subject real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown 10 on the application filed with the planning division; 2. Any person who has filed a written request for a notice of decision; 3. Any person who filed a written request for an administrative hearing or to j2 be heard at an administrative hearing. 13 SECTION 34: That Sections 20.24.140 through 20.24.180 of the Carlsbad 14 Municipal Code are amended as follows: 15 20.24.140 Effective date and appeals. A. Decisions on tentative parcel maps shall become effective as of the date 16 specified by the decision-making authority unless appealed and processed in accordance with the provisions of Section 21.54.140 of this code and Section 66452.5 of the Subdivision Map 17 Act. 18 20.24.150 Waiver of parcel map. A. Other provisions of this title to the contrary notwithstanding, the requirement that 19 a parcel map be prepared, filed with the city engineer and recorded may be waived, provided a finding is made by the city engineer or, on appeal, by the planning commission or city council, 20 that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this title 22 and the Subdivision Map Act and with the requirements of the public facilities element of the general plan and the provisions of Chapter 20.44 of this title which would othenA/ise apply to the 23 proposed subdivision. B. An applicant for a minor subdivision pursuant to this section shall pay the fee 24 prescribed by Section 20.08.060 for tentative parcel maps and shall file an application and request for parcel map waiver which shall contain sufficient information in the opinion of the city 25 engineer to enable the city engineer or, on appeal, the planning commission or city council, to make the findings required by this section. The following types of subdivisions are deemed to 26 comply with the findings required by this section for waiver of the parcel map unless the city engineer or, on appeal, the planning commission or city council finds, based on substantial 27 evidence that public policy necessitates a parcel map, such map shall not be required for the following: 28 •29- 1. Short-term leases, terminable by either party on thirty days' notice, of a 1 portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; 2. Land conveyed to or from a governmental agency, public entity or public 3 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. 4 C. The following minor subdivisions, provided dedications or improvements are not required by the city engineer, or on appeal the planning commission or city council, as condition 5 of approval in the absence of evidence to the contrary, are deemed to comply with the findings required by this section for waiver of the parcel map: 6 1. A minor subdivision wherein each resulting lot or parcel contains a gross area of forty acres or more, or each of which is a quarter-quarter section or larger; 7 2. A minor subdivision only for the purpose of leasing the lots resulting from such subdivision; 8 3. A major subdivision as specified in Section 20.20.050 of this title. D. The processing of any application pursuant to this section shall be subject to the 9 same time requirements and procedures as are provided in this title for tentative parcel maps. The city engineer's decision to waive a parcel map may be appealed in the same manner as the 10 appeal of city planner decisions pursuant to the provisions of Section 21.54.140 of this code. In any case, where waiver of the parcel map is granted by the city engineer, or on appeal by the 11 planning commission or city council, the city engineer shall cause to be filed for record with the ^2 county recorder a certificate of compliance pursuant to Chapter 20.48 of this title. ^3 20.24.160 Expiration of tentative parcel map. A. The provisions for the expiration of tentative maps specified in Section 20.12.100 14 of this title shall be applicable to tentative parcel maps. B. Prior to the expiration of the tentative parcel map, a parcel map conforming to the 15 requirements of Chapter 20.32 of this title may be filed with the city engineer for approval. The parcel map shall be deemed filed on the date it is received by the city engineer. Once a timely 16 and complete filing has been made pursuant to this section, subsequent actions of the city, including, but not limited to, processing, approving and recording, may occur after the date of 17 expiration of the tentative map. 18 20.24.180 Extension of tentative parcel map. A. The provisions for the extension of tentative maps specified in Section 20.12.110 19 of this title shall be applicable to tentative parcel maps. 20 SECTION 35: That Section 20.24.185 is added to the Carlsbad Municipal 21 Code as follows: 22 20.24.185 Tentative parcel map amendment. 23 A. The provisions for amendments to tentative maps specified in Section 20.12.120 of this title shall be applicable to tentative parcel maps. 24 25 26 20.32.010 Maps to conform to requirements approved tentative parcel map. 27 20.32.020 City engineer to approve parcel maps. 20.32.030 Land subject to inundation. 28 20.32.040 Additional certificates on parcel maps. 20.32.050 Title company subdivision guarantee. -30- SECTION 36: That the list of sections in Chapter 20.32 of the Carisbad Municipal Code is amended to read as follows: 20.32.060 Stamping or printing of certificates. 1 20.32.070 Additional data on parcel maps. 2 20.32.080 Transmittal of parcel maps. 3 SECTION 37: That Sections 20.32.010 through 20.32.020 of the Carisbad 4 Municipal Code are amended to read as follows: 5 20.32.010 Maps to conform to requirements of approved tentative parcel map. A. All parcel maps shall conform to the requirements of the Subdivision Map Act 6 and this chapter and also shall conform to the requirements specified in the approval or conditional approval of the tentative parcel map. 7 20.32.020 City engineer to approve parcel maps. 8 A. The city engineer is authorized to approve or deny parcel maps. B. The city engineer shall not consider a parcel map unless there is a valid tentative 9 parcel map for the subdivision. C. No parcel map shall be filed in the office of the county recorder until approved by the city engineer, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative parcel map, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The city engineer may waive any failure of the map to meet such requirements and conditions if such ^3 failure is a result of a technical and inadvertent error, which in the determination of the city engineer doesn't materially affect the validity of the map. 10 11 SECTION 38: That the list of sections in Chapter 20.36 of the Carisbad Municipal Code is amended to read as follows: 14 15 16 20.36.010 Purpose of chapter. 1'7 20.36.020 Applicability. Ig 20.36.030 Application. 20.36.040 Decision-making authority. 19 20.36.050 Revised adjustment plat. 2Q 20.36.060 Conditions of approval. 20.36.070 Certification. 21 20.36.075 Announcement of decision and findings of fact. 20.36.080 Appeal of city engineer decision. 22 23 SECTION 39: That Sections 20.36.030 through 20.30.040 of the Carisbad 24 Municipal Code are amended to read as follows: 25 20.36.030 Application. A. An application for an adjustment plat may be made by the owner of the property 26 affected or the authorized agent of the owner. The application shall: 1. Be made in writing on a form provided by the city engineer; 27 2. State fully the circumstances and conditions relied upon as grounds for the application; and -31- 3. Be accompanied by adequate plans, a legal description of the property involved, data specified by this title and all other materials as specified by the city engineer. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 3 C. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as 4 evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of 5 the powers vested in the city as represented by the city engineer and the city council. D. The city engineer shall not accept an adjustment plat for processing unless the 6 city engineer finds that: 1. The requirements of Title 19 of this code have been met; 7 2. The adjustment plat is consistent with the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or 8 issued. 9 20.36.040 Decision-making authority. A. The city engineer shall approve the adjustment plat if the city engineer finds that 10 the request complies with the requirements of this chapter. SECTION 40: That Section 20.36.070 of the Carisbad Municipal Code is 12 amended to read as follows: 13 20.36.070 Certification. 14 A. If the city engineer determines that the adjustment plat meets all the requirements of the municipal code and that any conditions imposed have been satisfied, 15 he/she shall certify on the adjustment plat that it has been approved pursuant to this chapter, notify the city planner and file it in the engineering department. The city engineer shall cause to 16 be filed with the county recorder a certificate of compliance, having as an attachment a copy of the approved adjustment plat. B. In addition to the procedures established by subsection (a) of this section, a lot Ig line adjustment may be effectuated by the recordation of the deed or record of survey; provided, however, that such deed or record of survey shall not be recorded unless it contains a 19 certification by the city engineer that all the requirements of this chapter and any condition imposed pursuant to this chapter have been satisfied and further provided that a copy of the 20 adjustment plat shall be attached to the deed or record of sun/ey. 21 SECTION 41: That Section 20.36.075 is added to the Carlsbad Municipal 22 Code as follows: 23 20.36.075 Announcement of decision and findings of fact. 24 A. When a decision on an adjustment plat is made pursuant to this chapter, the decision-making authority shall announce its decision and findings in writing. 25 B. The announcement of decision and findings shall include: 1. A statement that the adjustment plat is approved, conditionally approved, 26 or denied; 2. The facts and reasons which, in the opinion of the decision-making 27 authority, make the approval or denial of the adjustment plat necessary to carry out the provisions and general purpose of this title; 28 3. Such conditions and limitations that the decision-making authority may impose in the approval of the adjustment plat. -32- C. The announcement of decision and findings shall be mailed to: 1 1. The owner of the subject real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the engineering division. 12 20 22 SECTION 42: That Section 20.36.080 of the Carisbad Municipal Code is amended to read as follows: 2 3 4 5 20.36.080 Appeal of city engineer decision. 6 The city engineer's approval or denial of a final map may be appealed to the city council, subject to the same requirements for appeals of planning commission decisions specified in 7 Section 21.54.150 of this code. 8 SECTION 43: That the list of sections in Chapter 20.40 of the Carisbad 9 Municipal Code is amended to read as follows: 10 20.40.010 Reversions to acreage by final map. 20.40.020 Application. 11 20.40.030 Data for reversion to acreage. 20.40.040 Notices and hearings. 20.40.050 Decision-making authority. .3 20.40.055 Required findings. 20.40.060 Conditions of approval. 14 20.40.065 Announcement of decision and findings of fact. 20.40.070 Return of fees and deposits—Release of securities. 15 20.40.080 Delivery of final map. 20.40.090 Effect of filing reversion map with the county recorder. 16 17 18 SECTION 44: That Sections 20.40.010 through 20.40.050 of the Carisbad Municipal Code are amended to read as follows: 20.40.010 Reversions to acreage by final map. 19 A. Subdivided property may be reverted to acreage pursuant to the provisions of this chapter. 20.40.020 Application. 21 A. The city council, on its own motion, may by resolution initiate proceedings to revert property to acreage and direct the city engineer to obtain the necessary information to initiate and conduct the proceedings; or 23 B. An application to revert subdivided property to acreage may be made by the owner of the property affected or the authorized agent of the owner. The application shall: 24 1. Be made in writing on a form provided by the city engineer; 2. State fully the circumstances and conditions relied upon as grounds for 25 the application; and 3. Be accompanied by all data specified in Section 20.40.030 of this Chapter 26 and all other materials as specified by the city engineer. C. At the time of filing the application, the applicant shall pay the application fee 27 contained in the most recent fee schedule adopted by the city council. D. If signatures of persons other than the owners of property making the application 28 are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of -33- 3 their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the city engineer and the city council. E. The city engineer shall not accept an application to revert subdivided property to acreage for processing unless the city engineer finds that: 1. The requirements of Title 19 of this code have been met; 2. The application to revert subdivided property to acreage is consistent with 4 the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued, 5 20.40.030 Data for reversion to acreage. 6 A. Applicants for a reversion to acreage shall file the following: 1. Evidence of title to the real property; and 7 2. Evidence of the consent of all of the owners of an interest(s) in the property; or 8 3. Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record or within 9 the time allowed by agreement for completion of the improvements, whichever is later; or 4. Evidence that no lots shown on the final or parcel map have been sold 10 within five years from the date such final or parcel map was filed for record; or 5. A tentative map in the form prescribed by Chapter 20.12 of this title; or 11 6. A final map in the form prescribed by Chapter 20.20 of this title which delineates dedications which will not be vacated and dedications required as a condition to reversion, 13 20.40.040 Notices and hearings. ^4 A. Notice of the public hearing for an application to revert subdivided property to acreage shall be given pursuant to Section 21.54.060 and 21.54.061 of this code. 15 B. Failure by any person to receive notice specified in this section shall not invalidate any action taken pursuant to this title. 16 20.40.050 Decision-making authority, 17 A. The city council shall have the authority to approve, conditionally approve or deny a reversion of subdivided property to acreage based upon its review of the facts as set 18 forth in the application if one is required and submitted pursuant to this chapter, the circumstances of the particular case, and evidence presented at a public hearing 19 B. The city council may approve or conditionally approve the reversion of subdivided property to acreage if all of the findings of fact in Section 20.40.055 of this chapter 20 are found to exist. SECTION 45: That Section 20.40.055 is added to the Carisbad Municipal Code as follows: 21 22 23 20.40.055 Required findings. 24 A. The city council may approve a reversion to acreage only if it finds and records in writing that: 25 1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage re unnecessary for present or prospective public purposes, and 26 2. Either: a. All owners of an interest in the real property within the subdivision 27 have consented to reversion, or 28 -34- 9 10 11 12 b. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or c. No lots shown on the final or parcel map were filed for record. SECTION 46: That Section 20.40.060 of the Carisbad Municipal Code is amended to read as follows: 1 2 3 4 5 20.40.060 Conditions of approval. 6 A. The city council shall require as a condition of the reversion: 1. The dedication or offer of dedication necessary for the purposes specified 7 by this title following reversion; 2. The retention of all or a portion of previously paid subdivision fees, 8 deposits or improvement securities if the same are necessary to accomplish any of the provisions of this title. SECTION 47: That Section 20.40.065 is added to the Carisbad Municipal Code to read as follows: 20.40.065 Announcement of decision and findings of fact. A. When a decision on a reversion to acreage is made pursuant to this chapter, the j3 city council shall announce its decision and findings by formal resolution. B. The announcement of decision and findings shall include: 14 1. A statement that the tentative map is approved, conditionally approved, or denied; 15 2. The facts and reasons which, in the opinion of the city council, make the approval or denial of the reversion to acreage necessary to carry out the provisions and general 16 purpose of this title; 3. Such conditions and limitations that the city council may impose in the 17 approval of the reversion to acreage. C. The announcement of decision and findings shall be mailed to: 18 1. The owner of the subject real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown 19 on the application filed with the planning division; 2. Any person who has filed a written request for a notice of decision. 2j SECTION 48: That the list of sections in Chapter 20.44 of the Carlsbad Municipal Code is amended to read as follows: 22 20.44.010 Purpose. 23 20.44.020 Requirements. 20.44.030 General standard. 24 20.44.040 Standards and formula for dedication of land. 20.44.050 Standards for fees in lieu of land dedication. 25 20.44.060 Determination of land or fee.20.44.070 Reserved. 20.44.080 Amount of fee in lieu of land dedication. 26 20.44.090 Limitation on use of land and fees. 20.44.100 Time of commencement of facilities. 27 20.44.110 Alternate procedure—Planned community projects. 20.44.120 Exemptions. 28 20.44.130 Credits against fee or land. -35- 1 SECTION 49: That Sections 20.44.040 through 20.44.070 of the Carisbad Municipal Code are amended to read as follows: 2 3 20.44.040 Standards and formula for dedication of land. 4 A. If the decision-making authority for the tentative map or tentative parcel map determines that a park or recreational facility is to be located in whole or in part within the 5 proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, at the time of the filing of the final or parcel map, dedicate land 6 for such facility pursuant to the following standards and formula: The formula for determining acreage to be dedicated shall be as follows: 7 8 9 The total number of dwelling units shall be the number permitted by the city on IQ the property in the subdivision at the time the final map or parcel map is filed for approval, less any existing residential units in single-family detached or duplex dwellings. The park land 11 dedication requirement will be reviewed annually effective July 1, and adjusted as necessary by resolution of the city council to reflect the latest federal census data. 12 20.44.050 Standards for fees in lieu of land dedication. 13 A. If the decision-making authority for the tentative map or tentative parcel map determines that there is no park or recreational facility to be located in whole or in part within the 14 proposed subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 20.44.040 and in an amount determined in 15 accordance with the provisions of Section 20.44.080 B. If the proposed subdivision contains fifty parcels or less, only the payment of fees 16 shall be required except that when a condominium project, stock cooperative, or community apartment project exceeds fifty dwelling units, dedicatton of land may be required notwithstanding that the number of parcels may be less than fifty C. If the decision-making authority for the tentative map or tentative parcel map requires the subdivider to dedicate land and the amount of land is less than would othenA/ise be 19 required by Section 20.44.040 for that subdivision, a fee equal to the value of the land which would OthenA/ise have been required shall be paid. D. If fees are required, they shall be paid by the subdivider prior to the issuance of building permits for the subdivision or prior to the sale of the subdivided property, whichever 21 occurs first. If building permits are issued for a portion of the subdivision or if a portion of the subdivision is sold, only the corresponding portion of the fees shall be paid. The subdivider's 22 obligation to pay the fees shall be noted on the final map. If fees are required, the subdivider shall agree to pay them in accordance with this chapter. The agreement shall be secured in 23 accordance with Section 20.16.070 of this code. The city manager is authorized to sign such agreements on behalf of the city 24 20.44.060 Determination of land or fee 25 A. Whether the decision-making authority for the tentative map or tentative parcel map requires land dedication or elects to accept payment of a fee in lieu thereof, or a 26 combination of both, shall be determined by the decision-making authority at the time of approval of the tentative map or tentative parcel map. In making that determination, the decision-making authority shall consider the following: 1. Park and recreation element of the general plan; Average no. of persons per dwelling unit (based on most recent federal census) 3 park acres per 1,000 population Total number of dwelling units 18 20 27 28 -36- 2. Topography, geology, access and location of land in the subdivision available for dedication; 3. Size and shape of the subdivision and land available for dedication; 2 4. The feasibility of dedication; 5. Availability of previously acquired park property. B. The determination of the city council as to whether land shall be dedicated, or 4 whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 3 5 13 amended to read as follows: 20.44.070 Reserved. 6 SECTION 50: That Section 20.44.130 of the Carlsbad Municipal Code is 7 amended to read as follows: 20.44.130 Credits against fee or land. A. Whenever a subdivider provides park and recreational improvements, including 9 equipment, to dedicated land, the value of the improvements or equipment as determined by the city council shall be a credit against the fees to be paid or land to be dedicated pursuant to this 10 chapter; provided, that the improvements or equipment have been done or installed with the prior approval and to the satisfaction of the director of parks and recreation, 11 B. Whenever a subdivider of a planned development, real estate development, stock cooperative, community development project or condominium, as defined in Sections ^2 11003, 11003.1, 11003.2, 11003.4, and 11004 of the Business and Professions Code and Section 783 of the Civil Code respectively, has provided active recreational areas within the boundaries of the subdivision in excess of that required by Chapter 21.45 of this code, the 14 subdivider may at the time the final or parcel map is submitted for approval request that the council give a credit of up to ten percent of the amount of fees to be paid or land to be dedicated 15 pursuant to this chapter for the value of the active recreation area. SECTION 51: That Section 20.48.010 of the Carisbad Municipal Code is 16 17 20.48.010 Enforcement, 18 A. Whenever the county assessor or the head of any city department finds that the provisions of this title or of the Subdivision Map Act have been violated, he shall report such 19 violation to the city planner, the housing and neighborhood services director and the city engineer. It shall be the duty of the city engineer to investigate such report and enforce the 20 provisions of this title and the Subdivision Map Act, 21 SECTION 52: That Section 20.48.030 of the Carisbad Municipal Code is 99 amended to read as follows: 23 20.48.030 Development permits and approvals withheld 24 A. The city or any other responsible agency shall not issue or grant building, grading or any other permit, or any approval necessary to develop any real property which has been 25 divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or city ordinances enacted pursuant thereto applicable at the time such division 26 occurred unless the decision-making authority for the building, grading, or any other permit, finds that development of such real property is not contrary to the public health or the public 27 safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is 28 either the current owner of record or vendee of the current owner of record pursuant to a -37- 3 5 13 contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of his interests in such real property. B. All applications for permits or approvals necessary for the development of real 2 property shall be reviewed by the city engineer, who shall determine whether the real property has been subdivided or has resulted from a division in violation of the Subdivision Map Act or city ordinances enacted pursuant thereto. The engineer shall also make such a determination 4 upon a receipt of a written request from the owner of such real property or the vendee of the current owner of record pursuant to a contract of sale of the real property or upon receipt of written notification of the authority or body responsible for granting a permit or approval. The city engineer may approve real property for development pursuant to subsection (a) and shall so 6 inform the owner or vendee thereof and the authority or body authorized to issue or grant the permit or approval for development. If it is determined that such real property is approved for 7 development, the city engineer may impose those conditions that would have been applicable to the division of the property and which had been established at such time by the Subdivision 8 Map Act or city ordinances enacted pursuant thereto and are appropriate to satisfy public health and safety considerations and other considerations as are hereinafter specified unless the 9 applicant was the owner of record at the time of the initial violation in which event the city engineer may impose such conditions as would be applicable to a current division of property. If 10 a conditional certificate of compliance has been filed for record under the provisions of Section 20.48.040, only such conditions stipulated in that certificate shall be applicable. If real property 11 is approved for development the city engineer shall cause a certificate of compliance relative to the subject real property and reflecting any conditions of development to be filed with the county recorder pursuant to Section 20.48.040 of this chapter. C. In determining whether approval or conditional approval should be granted for development of real property divided or resulting from a division in violation of the Subdivision 14 Map Act or city ordinances enacted pursuant thereto, the city engineer or the city council shall give consideration to: 15 1. Whether the owner of the real property can rescind the agreement by which he acquired the real property and recover the consideration paid therefor; 16 2. Whether the real property meets the requirements of the applicable zoning regulations; 17 3. Whether the real property has a satisfactory potable water supply; 4. Whether the real properiy has legal access to a city or county maintained 18 road; 5. Whether the current owner would have been required to dedicate land for 19 any public purpose or construct or install any improvements pursuant to the terms of the Subdivision Map Act or city ordinances enacted pursuant thereto had the subdivision by which 20 the real property was created been submitted for approval at the time the current owner acquired the property. 21 D. Approval for development shall be granted for development of real property where improvements have been completed prior to the time a permit or grant of approval was required for development of the property, or for development of real property for which improvements have been completed in reliance on a previous permit or grant of approval for development, unless the city engineer finds that development is contrary to the public health or safety. E. Whenever any person submits an application for a building or any other permit 25 for proposed construction of more than one main building as defined in Title 21 on any single lot or building site, the city engineer shall determine whether such proposed construction would 26 create a subdivision. The permit for such proposed construction shall not be issued unless the city engineer has approved the plot plan and determined that the proposed construction would 27 not constitute a violation of the Subdivision Map Act or this title. F A request for development approval or a certificate of compliance shall be 28 accompanied by a fee established by city council resolution. -38- 22 23 24 5 6 7 8 9 10 11 12 13 14 15 21 22 23 24 25 26 27 28 SECTION 53: That Section 20.48.050 of the Carisbad Municipal Code is amended to read as follows: 3 20.48.050 Appeal. A. Decisions on actions of the city engineer made pursuant to this chapter shall 4 become effective unless appealed and processed in the same manner as the appeal of city planner decisions pursuant to the provisions of Section 21.54.140 of this code. // // // // // // // // // // 16 // 17 // 18 // 19 // 20 // // // // // // // // // HO •39- 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 a summary of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general circulation in the City of Carisbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a Regular Meeting of the Carisbad City Council on the 2"^^ day of October, 2012, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carisbad on the 23'^ day of October, 2012 by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. ABSTAIN: None. APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, CWyAttorney ATTEST: >7 M. WOOD, City Clerk CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NO. CS-192 Section 36933 (c) of the Government Code provides that a summary of an Ordinance may be published in lieu of the full text, providing the summary is published and a certified copy of the full text is posted in the Office of the City Clerk at least five days prior to the Council Meeting at which the Ordinance is adopted. Section 36933 (c) also requires that, within 15 days of the adoption of the Ordinance, a summary be published, showing the vote for and against the Ordinance, and a certified copy of the Ordinance be posted in the Office of the City Clerk. Therefore, in accordance with Section 36933 (c) of the Government Code, I do hereby certify as follows: 1.) That the adoption of Ordinance No. CS-192 is to be considered at the City Council Meeting to be held on the 23rd day of October, 2012. 2.) That a certified copy of the full text of Ordinance No. CS-192 was posted in the City Clerk's Office on the 19th of October, 2012. 3.) That a summary of the Ordinance was published in the North County Times on the 19th day of October, 2012. DONNA HERATY, Deputy rty Clerk. Dated: October 19, 2012 (Seal) * :0 Certification of Posting and Publication of Ordinance No. CS-192 Page 2 4.) That Ordinance No.CS-192 was adopted on the 23rd day of October 2012. 5.) That a certified copy of the full text of Ordinance No. CS-192 showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 1st day of November, 2012. 6.) That a summary of the Ordinance, showing the names of those who voted in favor of and against the Ordinance was published in the Coast News on the 2nd day of November, 2012. DONNA HERATY, Deputy y Clerk Dated: November 2, 2012 (Seal)