Loading...
HomeMy WebLinkAbout1972-08-15; City Council; 842; Revision to Municipal Code-expedite parcel splitsTHE CITY 0 F CARLSBAD,C A L I FORNIA Agenda Bill No. Referred To: Date: August 15, 1972 Subj ect: Revision to Municipal Code to Expedite Processing1.of Parcel Splits Submitted By: Public Works Director S t a te m en t of the Matter Recent changes in the Subdivision Map Act require parcel splits to be pro- cessed in a manner similar to subdivisions. This is a very cumbersome and time consumming procedure with very little gain to either the City or the applicant. At the suggestion of local engineers and developers (See Exhibit (1)), the matter has been reviewed. Prior to the revision of the Map Act, parcel splits were processed entirely within the Office of the City Engineer, unless a variance was required or there was some unusual circumstance or condition connected with the proposed split. The matter has been discussed with the Planning Commission and they concur that processing should be expedited on routine splits. The City of Oceanside recently adopted an Urgency Ordinance covering this same matter. Exhibit (2) has been drafted for your consideration. It is patterned after the Oceanside Ordinancex while taking into account the pertinent portion of our existing ordinance which Exhibit (2) would supercede. t There are presently eleven parcel splits in process which will be affected -by your decision. We strongly recommend that the Ordinance be adopted. If you do not wish to adopt it as an urgency measure, it should be adopted as a routine Ordinance for first reading. Exhibit (1) Letter from Robert H. Sonborn to Mayor Dunne and the City Council requesting delegation of authority to staff. (2) Draft of Ordinance (NOT ATTACHED) (3) City of Oceanside Ordinance No. 72-21 Staff Recommendatlo n s Adopt Ordinance No. (Specify which). as Urgency measure or as first reading AB NO.Date: August 15, 1972 City Manager's Recommendation Concur. Council Action 8-15-72 - Ordinance #9327 was read in full and adopted as an urgency ordinance. -2- CARLSBAD PROPERTIES WONS »M« P.O. Box383 Carlsbad,Calif. 92008 WMNCWS FHA - VA 01 T.,1,, 1Q79 . COMMERCIAL 31 July 1972 R £ C E M' ' APAKTMENTS INVESTMENTS LAND INCOME „. _.. MARKETING RESEARCH Mayor David Dunne Members of the City Council City of Carlsbad 1200 Elm St Carlsbad, California Gentlemen Subject: Processing of lot splits consisting of four or less lots and which require no variances Reference: (a) State Map Act, as revised, 4 March 1972 Reference (a) promulgates instructions on the processing of subdivisions and lot splits. It further states that the processing of lot splits would be handled in manner similar to subdivisions. It is believed that this procedure is unnecessary, costly and time consuming, without any benefit to the City. However the Referenced Act does allow the City Council to delegate the authority to act in such lot splits to the Staff. My investigation disclosed that most of the communities have already taken the steps to assign processing of such lot splits to the Staff except in cases where variances are required. This was StandardOperating Procedure prior to passage of Reference (a). It is therefore recommended that the City Council take the necessary action to delegate the authority to process lot splits of four or less, and which require no variances, to the Staff. Re IOBERT H. SONNEBORN ^ ORDINANCE NO. 77-7' AN _ORDiNAKCf OF (ME CITY OF OCEAN^DE AMENDING CHAPfER 32 OF ' THr. OCEANSIDE Of* CODE RELATING TO SUBDIVISIONS AND DECLARING THE URGENCY OF PASSAGE OF THIS ORDINANCE. (Providing for Purcol Mops) ' The City Council of ihe City of Ocsonstde I DOES ORDAIN as folfow1: SECTION 1. Section 32.1.1 is add«d to Article 1 of Chapter 32 of Hie Oceanside City Code which shell rtad as follows: (also amending Ordinance No. 94o adding*Sec5ion 101): ' SECTION 32.1.1 - CITY ENGINEER ADVISOR AGENCY FOR PARCEL MAPS. "The City Engineer is hereby designated the advisory agency as that term is used in the Subdivision Map Act, with respect only to processing of Parcel /Asps fijed pursuant to Article IV (Article V of Ordinance No. 946) end os Wch is authorized and directed to carry out the duties assigned to him thereby including but no! limit&d to the following: A. Investigate each tentative parcel map fiSed und indicate the nature and extent of improvements required .in accordance therewith. B. Approve, conditionally approve, or drop prove tentative parcel maps for compliance with the Subdivision Map Act and the Oceanside CH/ Code, or refer them to the Planning Commission." SECTION 2. Article IV of the Oceanside City Code is hereby repleaed and in place thsreof is a new Article IV which shall read as follows: (also amending Ordinance No. 9*6 replacing Article V thereof): SECTION 32.40 - DIVISION OF LAND BY PARCEL MAP "When on owner or subdivider desires to divide ond/or rearrange one or more existing lots or parcels into not more than four parcels or as otherwise provided by Sections 11535, 11575-80, and other applicable provisions of the Business and Professions Code (Subdivision Map Act), he may proceed with the creation of a Parcel Map in the following manner.-A. An acceptable tentative Parcel Map showing the proposed land division shall be prepared by a registered civil engineer or licensed land surveyor and filed with tne City .Engineer. The map shall be of the size and ' from and shall include necessary information os prescribed by the City Engineer. B. Except as hereinafter provided, the owner or subdivider shall offer for dedication, additional streets, alleys and public ways as required for conformance with the City's Master Plan of Streets and Highways ond the existing or projected local street system. -Standards shall be as set forth in Article 2, Sections 201 and 205 of lhi» ordinance. C. As 0 condition precedent to the approval of a Parcel Map, the owner or subdivider shall agree to construct improvements in and along the parcel frontage upon all existing or proposed public streets and ways as reasonably required for subdivisions. -Improvements" shall include ~- .garding, drainage, curb ond gutter sidewaik, paving, extension of water and sewer facilities, street trees and other improvements as f*>ay be determined by City Council policy, A final Parcel Map may not be filed with the City Engineer until the required improvements . hove been satisfactorily constructed or until a f cash deposit for the estimated cost of the work has been posted with the City. D. When the City has not established the street grade has not completed design of the necessary improvements, has commenced improvement district proceedings which will include o portion of the work, or for any reason determines that immediate construction of any or all of the required improvements is not practical, the owner or subdivider may past with the City a deposit 1 for the estimated cost of those portions of the improvements to assure completion. When requested thereafter by the City, said improvements shall be constructed by cash k contract or included in an improvement £. If the proposed div;von of land do** rot comply with rh« rcqv'-ed mir^um !,:•! areo or lot width aj set forth <n !*« 2onirg Orcfinonu', or it otherwise crr.trary to the Sufcdiviiion Map Act or Subdiviyon Ordinance of the City or to established resolutions and policies of the Planning Comnvsjion cr City Council, the City Engineer may refer the map to tin Planning Commission for approve). F. Upon completion of requirements A through E above, the owner or subdivider may proceed with the preparation of a final Parcel Map of the land division by a registered civil engineer or licensed land surveyor. The map shall be of the size and form prescribed by the Cry Engineer, shall comply with the provisions of Sections 11575- 80 of the Subdivision Map Act, shall be based upon a field survey showing monuments found and set, and shall include other data as required by the City. G. The Building Department shall not issue permits for the erection of any structures upon lots or parcels not complying with this ordinance. H. A fee of S25.00 shall be paid to the City Clerk to cover the cots of checking the tentative and final Parcel *Aops. L Provided, however, that no final Parcel Map shall be approved for the division of property until the owner or subdivider shall first deposit with the City for each new parcel crcated in excess of the number of original parcel or parcels the fee for open space ond recreation as requited by Section 804 of Ordinance 71-31. • J. Upon approval of the final Parcel Map by the City Engineer, the owner of subdivided engineer or land surveyor shall file the mop with the county Recorder. Me shall pay the recording fee ond return an acceptable, reproducible duplicate copy on linen tracing cloth or polyester base film with four blueline I prints to the City Engineer for filing. SECTION 32.40.1 - APPEAL TO THE CITY COUNCIL When the applicant is dissatisfied with any j action of the City Engineer with respect to a ' j tentative Parcel Map or the kind, nature and extent of the improvements required, he may appeal to the City Council os provided in Section 11552 of the Business and Professions Code {Subdivision Map Act)." SECTION 3. There have been recent changes in the Subdivision Mop Act requiring that a tentative map or parcel mop shall be submitted to the governing body or advisory agency for approval where any parcel or parcels of land is divided into four or less parcels, and also where there ore other divisions of land which ore not considered o subdivision as that term is defined in the Subdivision Map Act. Because of these recent statutory changes it is necessary for this ordinance to be passed immediately and me urgency of passage is declared shown by this fact. SECTION 4. This ordinance shall be codified. SECTION 5. The City Clerk of the City of Ocean side is hereby directed within fifteen (15) days after its passage to publish this ordinance once in the BLADE TRIBUNE, a newspaper of general circulation published in the City of Oceanside. SECTION 6. This ordinance shall take effect and be in force immediately upon passage. PASSED, ADOPTED AND ORDERED PUBLISHED by the City Council of the City of Oceanside, California, this 26th day of April, 1972, by the following vote: AYES: RICHARDSON, BELL, BURGESS, FKENZEL, SMITH NAYS; NONE ABSENT.- NONE ABSTAIN: NONE ~* (s) HOWARD T. RICHARDSON Mayor of the City of Oceanside, California ATTEST: A (i) IRENE D.DUEHREN / J\ City Clerk I Legal 2365 May 4, 1972