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HomeMy WebLinkAbout2014-03-11; City Council; CS-241; Density Bonus Regulations MCA 13-03...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 EXHIBIT 1 ORDINANCE NO. CS-241 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL CODE TO MAKE THE CITY'S REGULATION OF DENSITY BONUSES CONSISTENT WITH STATE AND CASE LAW. CASE NAME: DENSITY BONUS REGULATIONS CASE NO.: MCA 13-03 The City Council of the City of Carlsbad, California, does ordain as follows: Section 1: That Section 20.04.020(18) of the Carlsbad Municipal Code is amended to read as follows: (18) "Subdivision" means the division, by any subdivider, of any unit or units of 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, 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 easement or railroad rights-of-way. "Subdivision" includes a condominium project as defined in Section 4100 ofthe California Civil Code, a community apartment project, as defined in Section 4105 ofthe California Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 of the California 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. Section 2: That Section 20.04.040(b)(8) of the Carlsbad Municipal Code is amended to read as follows: (8) The conversion of a community apartment project, as defined in Section 4105 ofthe California Civil Code or a stock cooperative, as defined in Section 4190 of the California Civil Code, to a condominium project, as defined in Section 4125 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; /// /// /// /// /// /// 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 9R 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 the full text of the ordinance or 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 Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 25th day of Februarv 2014, and thereafter. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the 11*'^ day of March, 2014, by the following vote, to wit: AYES: Council Members Hall, Packard, Wood and Blackburn. NOES: None. ABSENT: None. APPROVED AS TO FORM AND LEGALITY: CELIAA. BREWER, City Attorney MATT HALL, Mayor ATTEST: ft 1ELLEY COLLINS,WKtant City Clerk SHELLEY (SEAL) -11- CERTIFICATION OF POSTING AND PUBLICATION OF ORDINANCE NOS. CS-241 and CS-242 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 Nos. CS-241 and CS-242 is to be considered at the City Council Meeting to be held on the 11th day of March, 2014. 2.) That a certified copy of the full text of Ordinance Nos. CS- 241 and CS-242 was posted in the City Clerk's Office on the 7th day of March, 2014. 3.) That a summary of the Ordinance was published in the Union Tribune Newspaper, on the 7th day of March, 2014. DONNA HERATY, Deputy C,1 Clerk Dated: March 7, 2014 (Seal) Certification of Posting and Publication of Ordinance Nos. CS-241 and CS-242 Page 2 4.) That Ordinance Nos. CS-241 and CS-242 were adopted on the 11th day of March 2014. 5.) That a certified copy of the full text of Ordinance Nos. CS-241 and CS- 242, showing the names of those who voted in favor and against the Ordinance was posted in the City Clerk's Office on the 18th day of March 2014. 6.) That a summaries of the Ordinances, showing the names of those who voted in favor of and against the Ordinances was published in the Coast Newspaper, on the 21st day of March 2014. S ERRY F INGER, Desuty Cit Clerk Dated: March 18, 2014 (Seal)