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HomeMy WebLinkAbout1975-02-18; City Council; 3304; Amending Subdivision OrdinanceTHE CITY OF CARLSBAD, CALIFORNIA -T • •—. - ' f — £j(.—. Agehda Bill N'o. ^^^330 4 DateFebruary 18,1975 ,. '" \ Referred To: ' ??)v^--^ Subject: Subdivision Ordinance complete Submitted By: revision of City Engineer Statement of the Matter Recent revisions have been made to the state Subdivision Map Act that become law on March 1, 1975." The League of California Cities has developed a Model Ordinance and the San Diego County "City Attorneys" Association have been working diligently to provide a County wide uniform approach for local Subdivision Ordinances. In reviewing the City's Subdivision Ordinance, the staff review com- mittee has recommended a complete revision to the Ordinance as it now exists (Title 20 of the Municipal Code). A proposed draft ordinance is in preparation based on the County of San Diego proposed Subdivision Ordinance (received by staff on February 7, 1975). Because of time constraints it is expected that a proposed draft will not be available to Council until about February 18, 1975. It may be appropriate for Council to consider the proposed ordinance at a special study session prior to the next regular meeting of March k, 1975. It is staff intention to circulate the proposed subdivision ordinance to concerned citizens developers and engineers for comment prior to requesting the City Council to adopt as an emergency ordinance on March k, 1975. Exhibit Proposed Subdivision Ordinance (to be distributed ' i at City Council Meeting) Staff Recommendations to City Manager That City Council receive the materials and refer the matter to Council work session. AB No.Date- February 18. City Manager's Recommendation Concur Council Action 2-18-75 The City Council was presented with a rough draft of a.revised Subdivision Ordinance and.it was agreed that a-Coojnci 1 . work session should be set in order to discuss the revisions. 3-4-75 Ordinance #9417 wax - Discussion on the ordinance was continued te the adjourned meeting to be held March 10, 1975. .3-10-75 Discussion on the revised ordinance was held and the matter continued to an adjourned meeting to be held March 12, 1975. 3-12-75 Following the discussion on the proposed ordinance, the staff 'was instructed to' prepare th.e subdivision ordinance in final form, for introduction at the next regular meeting,- including the corrections that were discussed and agreed upon in the two work sessions. 3-18-35 Ordinance #9417 was introduced for a first reading: 4-1-75 Ordinance #9417 was introduced for a second reading and adopted. March 10, 1975 Title 20 SUBDIVISION ORDINANCE ADDENDUM SHEET ftfi^ Page 11 After Section 20.08.020 add new section. "20.08.030 Tentative map extension fee. At the time of filing a request for the extension of a tentative map with the City Engineer, there shall be paid to the Engineering Department a tentative map extension processing fee equal to one-forth of the fee presented in Section 20.08.010 for such tentative map." Page 12 After Parcel map fee section, add new section. 1I20.08.080 Tentative parcel map extension fee. At the time of filing a request for the extension of a tentative parcel map with the City Engineer, there shall be paid to the Engineering Department a tentative parcel map extension processing fee of $25.00." Page 12 After fees for adjustment plats section, add sections: "20.08.100 Fees for reversion to acreage. Petitions to •revert property to acreage shall be accompanied by a fee of $250.00. If the proceedings are initiated pursuant to Section 20.A0.030, the person or persons who requested the City Council to initiate the proceedings shall pay a fee of $250.00." "20.08.110 Fees for certificates of compliance. At the time of filing' any request, pursuant to this Title intended to re- sult in the issuance of a certificate of compliance, there shall be paid to the Engineering Department a fee of $35.00 to cover the cost of making the required determinations pursuant to such request and the recording of any certificate of compliance resulting therefrom." (2) Page 15 20.12.020 Grading plan. Insert after first sentence. "The grading plan together with the original topographical contours may both be shown on the tentative map.. This plan shall indicate approximate earthwork volumes of proposed excavation and filling operations. In the event no such grading is proposed, a statement to that effect shall be filed with the tentative map." Page 16 20.12.050 (13) Revise to read: "(13) Location of a 11 major vegetation showing size and type." Page 17 20.12.050 (19) Revise to read: "(19) Proposed name and City of Carlsbad Tract number of the subd iv i s i on." ADD: "(20) Any proposed phasing by units.-" ADD: "(21) Number of units to be constructed when a condominium or community apartment project is involved." Page 18 20.12.080 (1) Delete the last sentence. Add: "The report of the Planning Commission shall include the findings and recommendations on the findings required by the Subdivision Map Act. The report shall be made and forwarded to the City Council and filed with the-City Clerk with a recommendation of approval, ap- proval with conditions or denial of each tentative map within 50 days of the date the tentative map was filed with the Commission." Page 19 20.12.090 City Council action: Delete and substitute new section as follows: "(a) -When a tentative map is filed with the City Clerk, the Clerk is hereby directed, unless otherwise directed by the City Council (3) to place it on the agenda of the first council meeting after the Planning Commission adopts Its resolution reporting on the map or on the agenda of the first council meeting within 30 days after the date the Planning Commission considered the map if the Planning Commission has not adopted its resolution .within that time. The City Council shall consider the tentative map at such meetings. (b) The City Council shall review the Planning Commission's re- port on a proposed tentative map, shall consider the natter and shall approve, conditionally approve or disapprove the tentative map within the time limits prescribed by the Subdivision Map Act. The City Council shall announce its decision by resolution. 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 improvements required to be constructed or installed in or to serve the subdivision. If the -City Council fails to act within the required time limit, the recommendations of the Planning Commission regarding the tentative map shall be deemed to be the decision of the City Council in re- gard thereto. ' (c) The City Council shall not approve or conditionally approve a tentative map unless they find that the proposed subdivision, to- gether with the provisions for its design and improvement is con- sistent with the general plan and any applicable specific plans. (d) The City Council shall not approve or conditionally approve a tentative map i f (theyN makes any of the following findings: (1) That the proposed map is not consistent with applicable general and specific plans. (2) That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans. (3) That the site is not physically suitable for the type of develop- ment. (4) That the site is not physically suitable for the proposed den- sity of development. (5) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substan- tially and avoidably injure fish or wildlife or their habitat. (6) That the design of the subdivision or the type of improvements . is likely to cause serious public health problems. (7) That the des.ign of the subdivision or the type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of, property within the proposed subdivision. In . __this connection, the D i rof toi uf PldlllllTTg may approve a map if he finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. (8) That all requirements of CEQA and the City of Carlsbad Environ- mental Protection Ordinance of 1972, have not been met. (9) That the proposed map fails to meet or perform any of the re- quirements or conditions of this Title or the Subdivision Map Act unless they find that such failure is a result of a technical and inadvertent error which does not materially effect the validity of the map. " Page 19 20.12.100 Expiration of tentative maps. Delete and substitute new section as follows: "The approval or conditional approval of a tentative map shall ex- pire 18 months from the date the map was approved or conditionally approved unless it is extended in accord with section 20.12.110 of this Title. Within such 18 month period or the peri.od of any exten- (5) tion the subdivider may cause the subdivision to be surveyed and' a final map to be prepared and submitted to the City Council for approval or disapproval in accordance with the tentative map as approved or conditionally approved and in accordance with the Subdivision Map Act and this Title." Page 19 .20.12.110 delete and substitute: 20.12.110 Extension of tentative map. (a) The subdivider may request an extension of vhe tentative map approval or condition- al approval by written application to the City Engineer. Such application shall be filed at least 20 days, and not more than 90 days, before the approval or conditional approval is due to expire. The application shall state the reasons for the requested exten- sion. (.b) At any time within 90 days of the expiration of the map the City Council may approve, conditionally approve or deny the requested extension. An extension shall not exceed one year from the preceding expiration date. No more than two such extensions may be granted. In granting an extension the City Council may impose new conditions and may revise existing conditions. .ywxf^ (c-) Prior to granting an extension, the City Council aha 1U refer the request to the Planning Commission for recommendation and report. The Planning Commission shall report within k$ days of the Council's referral." Page 21 20.12.120 (2) & (3) Delete and add new sub-sections as follows: * (2) A revised tentative map shall be filed within 18 months after the approval of the tentative map by the City Council or, if an extension of time is granted, within the period specified In such extension. (3) Upon the filing- of a revised tentative map and payment (6) of the prescribed fee, such revised tentative map shall be treated in all respects as. an original tentative map and shall be reported on, approved, conditionally approved or disapproved in the same manner as a tentative map, provided, however, that the subdivider shall have 18 months from the approval .or cond i t iona 1 approval of the original tentative map within which to obtain final map ap- proval, unless such period is extended pursuant to section 20.12.110 of this Title, in which case the subdivider shall obLC'in final map approval within the period of any such extension." Page 22 20.16.010 (3) Add: "(3) Every lot shall front on a dedicated street or a street offered for dedication unless otherwise authorized by the zoning ordinance for the zone in which said lot is located at the time the final map is submitted to the City Council for its ap- prova 1 ." Page 23 20.16.010 (6) Delete, (7) Delete and substitute: "(6) Panhandle-shaped or flag-shaped lots, if permitted pursuant to this Title or Title 19 shall-have a minimum frontage of 20 feet on a dedicated street." Page 23 Last line on page - revise to read: "lots do not front on nor have access from such rights-of-way. Page 30 20.16.0^0 (6) (d) Revise first sentence to read: " "(d) All new and existing utility distribution facilities, including cable television conduit and lines within the boundaries of any new subdivision or within any half street abutting a new subdivision shall be placed underground." Page 32 20.16.050 (3) (e) Revise first sentence to read: "(e) Where the setting of monuments is deferred following filing of a final map, such monuments sha11 be set within 30 days after the completion of the required improvements and prior to the (7) acceptance thereof by the City." Page 37 20.20.020 Add: "The City Council shall not approve a final map unless there is a valid tentative map for the subdivision." Page 55 20.24.150 (a) Add to long first sentence: "(a) Other provisions of this Title to the contrary notwith- standing, the requirement that a parcel map be prepared, filed with the City Engineer and recorded may be waived for the following types of minor subdivisions provided a finding is made by the City Engineer or on appeal by the City Council that the proposed subdivision complies, with the requirements as to area, improvement and design, flood and water drainage control, appropriate im- proved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this Title and the Subdivision Map Act and provided further that the subdivider complies with the public facilities element of the general.plan and the provisions of Chapter 20.44 which would other- wise apply to the proposed subdi vi s i on/' Page 61 20.28.050 After last sentence add: . "The City Manager is authorized to accept dedications or offers of dedication or to reject such offers on behalf of the City of Carlsbad." Page 63 20.28.090 After last sentence add: "The City Manager is authorized to sign such agreements on behalf of the City of Carlsbad." Page 63 20.28.100 Add: "The City Manager is authorized to sign such covenants on behalf of the City of Carlsbad." (8) Page 64 20.32.QUO Private road easements: Delete. Page 65 20.32.0^-0 (renumbered) Additional certificates on parcel maps add: - "(7) A certificate signed by the City Manager attesting to his acceptance or rejection on behalf of "the public of all dedications shown thereon."