HomeMy WebLinkAbout1976-04-20; City Council; 3630; Public Improvement PolicyCITY OF CARLSBAD
AGENDA BILL NO. �� __ Initial:
DATE: April •20_,•.1976 Dept.IId.
C. Atty. Uf
DEPARTMENT: PUBLIC WORKS
• C. Mgr.
Subiect:
PUBLIC IMPROVEMENT•POLICY
Statement of the Matter
The City of Carlsbad has no policy requir-ing Public Improvements as a condition of
construction or reconstruction in areas zoned appropriate to the intended use of the
structure, similar to the requirements of the Sub -division Map Act. A study was .
conducted and several staff conferences were held relating to this subject as detailed
in Exhibit A. The study (Exhibit B) concludes that a Public Improvement Policy is
desirable and provides 4 draft ordinance for consideration.
EXHIBITS
A. Administrative Assistant memo to City Manager of 7 April 1976.
B. Study "Public Improvement Policy - City of Carlsbad".
RECOMMENDATION
If Council approves of the concept for -a Public Improvement Policy, as outlined
in•the Draft Ordinance refer to staff for preparation of the Ordinance in final
form.
Council action
4-27-7.6 Ordinance #8067 was introduced for a first reading.
5-4-76 Ordinance #8067 was given a second reading and adopted.
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lORDINANCE 140. 8067
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 18 OF THE
CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
CHAPTER 18.40 TO PROVIDE FOR THE DEDICATION OF
RIGHTS -OF -WAY AND FOR THE INSTALLATION OF CER-
TAIN PUBLIC IMPROVEMENTS IN CONJUNCTION WITH
BUILDING CONSTRUCTION.
The City Council of the City of Carlsbad, California, does
ordain as follows:
SECTION 1: Title 18 of the Carlsbad Municipal Code is amended
lby the addition of Chapter 18.40 to read as follows:
"Chapter 18.4
DEDICATION AND IMPROVEMENTS
Sections:
18.40.010 Findings, purpose and intent.
18.40.020 Definitions.
18.40.030 Dedication required.
18.40.040 Public improvements required.
18.40,050 Public utility relocations.
18.40.060 Construction of public improvements.
18.40.070 Deferral of improvement requirements.
18.40.080 Appeal.
18.40.090 Conditions of deferral.
18.40.100 Waiver or modification of requirements.
18.40.110 Duty, to deny final building permit approval.
18.40.120 Applicability of requirements.
18.40.010 Findings, purpose and intent. (a) The City
Council finds as follows:
(1) That there is a lack of adequate curbs, gutters,
sidewalks and streets in various areas of the City which is
prejudicial and dangerous to the public health, safety, and
welfare of the inhabitants of the City.
(2) The lack of improved sidewalks in the City in
many instances forces pedestrians including school children to
walk in the streets and to be subject to the hazards of v,,'.zicular
traffic.
(3) The lack of improved sidewalks during rainy
weather has caused unhealthy conditions resulting from pedestrians
walking through mud or water along streets or dirt sidewalks.
(4) Streets and highways of inadequate width and
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design hinder vehicular moN,ement and constitute a hazard to the
safety and health of users.
(5) The lack of curbs, storm drains and other street
improvements results in poor drainage and a collection of filth
and waste. `
(6) The lack of improved streets impedes the operation
of fire trucks, police cars and other emergency vehicles as well
as the operation of street sweepers and refuse collection vehicles.
(b) It is the purpose of the City Council in adopting the
provisions of this chapter to:
(1) Impose reasonable requirements cf dedication and
improvements upon persons engaged in the development, construction,
reconstruction or remodeling of buildings which tend to result
in increased demands upon the existing public rights -of -way and
streets and highways in the City thereby increasing the danger
to the public health, safety and welfare.
(2) Extend the basic requirements of the Subdivision
Map Act by establishing standards and.requirements for dedication
and improvements in connection with the development of land in
which no subdivision is involved.
(3) Alleviate the undesirable situation found to exist
in subsection (a) by spreading the cost of public improvements
upon abutting property in an equitable manner and by causing the
installation of those improvements required by the City to serve
property about to be developed at the time of, its development.
(c)'The City Council intends to require, in accordance with
the provisions of this chapter, the dedication of portions of the
public rights -of -way including streets, highways, alleys and
storm drain facilities and the construction of improvements
contiguous to the property from the property line to the center-
line of, the public rights -of -way as necessitated by the nature
and type of building or structure being constructed and the use
to which the property is being put.+
18.40.020 Definitions. For the purposes of this chapter the,
following words and phrases shall have the meaning respectively
subscribed in them by this section:
(1) "Alley" means 'a public or private way permanently
reserved as a secondary means of access to abutting property.
(2) "Building" shall include any building, structure
or dwelling of which the cost price of.erecting the same is in
excess of the sum of $10,000 as determined by Building Permit
valuation.
(3) "Improvements" shall include the following: Side-
walks', gutters, pavement, driveways, curbs, streets, alleys, storm
drain facilities, water systems, sanitary sewer systems, street
lighting, fire protection installations and pavement transitions.
(4) "Person" means any person, firm, partnership,
association, corporation, company or organization of any kind.
The term "Person" shall also include any owner, lessee or agent
constructing or arranging for the construction or modification or
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1 alteration of a building or dwelling.
2 18.40.030 Dedications required. (a) Any person who con-
structs or causes to be constructed .any building in the City
3 shall have provided by means of an offer of dedication or other
appropriate conveyance as approved by the City Attorney the
4 rights -of -way necessary for the construction of any street, high-
way, or alley as shown on the circulation element of the General
5 Plan, any applicable Specific Plans, or as otherwise required by
the City Engineer in accord with an established street system or
6 plan. Rights -of -way shall also be provided for any improvements
to existing facilities including rights -of -way for storm drains or
7 other required public facilities. All rights -of -way shall be
accompanied by a title examination report and be free of all liens
8 and encumbrances.
(b) The dedications required by subsection (a) shall also
9 apply to any person who alters, enlarges or expands or causes to
be altered, enlarged or expanded any building in the City if the
lb cost of such work exceeds the sum of $10,000 as determined by
Building Permit valuation.
11 (c) The dedications required by this chapter shall be made
prior to issuance of the Building Permit for the subject property.
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18.40.040 Public improvements required. (a) Any person who
13 constructs or causes to be constructed any building in the
City shall construct all necessary improvements in accordance with
a 14 City specifications upon the property and along all street front-
N o ages adjoining the property upon which such building is constructed
o 15 unless adequate improvements already exist. In each instance
a the City Manager shall determine whether or not the necessary
w. 0 oZ� 16 improvements exist and are adequate and each building permit
o FQo application shall be so endorsed at the time it is issued.
LL �jn 17 (b) The improvements required`by subsection (a) shall also
}W" apply to any person who alters, enlarges or expands or causes to
W zga 18 be altered, enlarged or expanded any building in the City if the
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cost of such work exceeds the sum of $10,000 except work on single
a 0: 3-9 family dwellings located in the R-A and R-.1 zones.
V 20 18.40.050 Public utility relocations. In the event the City
Manager determines that the contemplated construction of improve-
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ments as required by this chapter in individual cases will necessi-
22 tate the relocation or alteration of public utility facilities,
including but not limited to gas, electricity, telephone and
water., he may require the person requesting the building permit
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to produce satisfactory evidence that such person has made arrange-
ments with such public utility company for the relocation or
24 modification of such public utility facil�'ies.
25 18.40.060 Construction of public improvements. If the City
Manager determines that public improvements are required they shall
25 be designed to City standards and their construction guaranteed
by an improvement agreement secured by a bond or cash deposit
27 prior to issuance of a Building Permit for the subject property..
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If the Building Permit is not exercised the improvement obligation
shall terminate and the security shall be returned. The City
Manager is authorized to execute such agreements on behalf of the
City of Carlsbad.
18.40.070 Deferral of improvement requirements. Upon written
application the City Manager by written order may defer any of the
improvements required by this chapter if he finds that the public
health, safety and welfare of the inhabitants of the City will
not be endangered by the deferment of the construction of the
improvements and that any of the following exists:
(1) There is a Jack of adequate data in regard to
grades, plans or surveys which complicate the construction of the
improvements and indicate they should be deferred to a later time.
(2) The construction of the improvements is included
in an approved or pending assessment dist_-'~t or otherwise quar-
anteed as provided by City ordinance.
(3) Construction of the improvements would be incom-
patible with the present state of the neighborhood's development
or be impractical or premature because of the condition of the
surrounding property.
(4) Construction of the improvements would create a
hazardous or defective condition.
18.40.080• Appeal. (a) The granting or denial of a deferral
of improvements pursuant to section 18.40.070 by the City Manager
involving curbs, gutters, sidewalks or streets shall, unless
appealed to the City Council, become final within five days after
the filing of the Manager's written decision setting forth the
findings in support thereof.
(b) Any aggrieved person participating in the review and
proceeding before the City Manager may appeal such decision to the
City Council by filing a written no•ice of appeal with the City
Clerk, stating the specific grounds -of appeal and paying a $25.00
fee to the Cleric within five days of the Manager's written de-
cision.
(c) The City Council shall set•the matter for hearing within
thirty days and may approve, modify, or disapprove the decision
of the City Manager.
18.40.090 Conditions of deferral. Any deferral of improve-
ments pursuant to section 18.40.070 shall be conditioned on the
filing with the City Manager of a future improvement agreement
secured by a lien against the subject property in a form satis-
factory to the City Attorney which provides that the property
owner will construct the improvement at such time as the City
requires them'to be constructed and gives the City a lien on the
property to guarantee such construction. The City Manager is
authorized to execute such agreement on behalf of the City of
Carlsbad. Such agreement must be received and recorded prior to
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1 issuance of a Building Permit. If the Building Permit is not
exercised the City Manager is authorized to execute a release
2 of lien for the subject property.
3 18.40.100 Waiver of modification of requirements. Upon
written application accompanied by a $25.00 fee the City Council
4 may by resolution waive or modify the requirements of this chapter
if they find that:
5 (1) The street fronting on the subject property has
already been improved to the maximum feasible and desirable state
6 recognizing there are some such streets which may have less than
standard improvements when necessary to preserve the character of
7 the neighborhood and to avoid unreasonable interference with such
things as trees, walls, yards, and open space.
8 (2) The granting of the waiver or modification will not
perpetuate a hazardous or defective condition or be otherwise
g detrimental to the health, safety or welfare of the residents
of the City.
10
18.40.110 Duty to deny final building permit approval. The
11 Director of Building and Housing shall deny final approval and
acceptance of a Building Permit pursuant to a permit and shall
12 refuse to allow final public utility connections and occupancy
in any building, structure or dwelling unless the City Manager
13 determines that all required dedications have -been made and that
all necessary improvements exist, are constructed, or unless the
a 14 City —anager, pursuant to Section 18.40.070, has determined to
N co defer the installation of such improvements and the required future
15 improvement agreement and a lien contract has been received
a and recorded, or unless the requirements of the chapter have been
zoz� 3.6 modified or waived pursuant to Section 18.40.100.
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LL �JQ 17 18.40.120 Applicability of requirements. Requirements of
F }WU this chapter shall not apply to any buildings, structures, or
W z,8a 18 dwellings for which a Building Permit had been issued prior to
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a19 June 3, r 15 ZG`•
F " EFFECTIVE DATE: This ordinance shall be -effective thirty
s 20
days after its adoption, and the City Clerk shall certify to the
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22 adoption of this ordinance and cause it to be published at least
once 'in the Carlsbad Journal within fifteen days after its adoption.
23 an adjourned
INTRODUCED AND FIRST READ at / regular meeting of the
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Carlsbad City Council held on the27thday of April , 1976,
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and thereafter
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PASSED AND ADOPTED at a regular meeting of said Council
held on the 4th day of May , 1976, by the following
vote, to wit:
AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and
Councilwoman•Casler
NOES: None
ABSENT: None
ROBERT C. FRAZEE, Mayo
ATTEST:
MAR A T E . A15AA4S , ?tYlL
(SEAL)
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April 7, 1976
MEMORANDUM
TO: City Manager
FROM: Administrative Assistant
SUBJECT: Public Improvement Policy
I completed an initial study of the requirements for a Public Improvement
Policy in mid -July 1975. Subsequent to that initial effort I have partici-
pated in several conferences, the most recent on April 2. I have visited
the cities of Vista and Escondido to discuss the manner in which their policies
are implemented. I have also discussed the proposed policy with Mr. Dave Minnich,
Chairman, Board of Realtors and provided him with copies of the study. Mr.
Minnich has graciously provided comments and also provided comments from Mr.
Bud Porter, Governmental Relations Specialist for the County Council of Real
Estate Boards and Mr. Michael Straub, a local builder.
I have attempted to include all considerations raised in the revised proposed
ordinance. Mr. Minnich has indicated concern for the requiring of future agree-
ments to assure performance if the improvement!; are deferred to a later date at
the time of construction. This, of course, places a lien on the property and
may result in difficulties associated with a sale of this property.
1. It appears to me, however, that a future agreement is often in the best
interests of the owner in that costs to him may be deferred and/or may be sub-
stantially less since the improvements for which he is responsible may be accom-
plished as a part of a larger project, i.e., at a time when an entire block or
section is improved (as the scope of a project increases, unit costs such as per
foot of curb & gutter or per sq. ft. of paving are reduced). The provisions of
this ordinance provide that a future agreement may be agreed to by the City if
requested by the owner, otherwise, they will be required as a condition for
approving construction. This provision actually provides the developer a degree
of flexibility, he can either build the public improvements or he can request to
defer them for sufficient reason.
2. The subject of future agreements is,
ordinance in that future agreements have
will most probably be used to the mutual
the future as provided by this ordinance
to development.
in my opinion, not central to this
been used by the City in the past and
benefit of the City and land owners in
and by other code provisions relating
A Public Improvement Ordinance does interrelate with certain provisions of the
cities sub -division ordinance (Minor sub -divisions) in that some, but not all
public improvements could be guaranteed under either ordinance for certain types
of property transactions or building activities. It is considered, however, that
in this circumstance, the ordinances compliment one another rather than being
duplicative or contradictory. Any changes to the Sub -Division Ordinance which
might be considered can be included in an update of that Ordinance after the Public
Improvements Ordinance has been in operation for a while and staff is familiar
with and confident in its operation.
EXHIBIT "A"
L
,—.
Public Improvement Policy (cont.) -2- April 7, 1976
Essentially, the Public Improvements Ordinance covers those situations requiring
public improvements which were not covered by our several ordinances requiring
public improvements such as the CUP, Variances, Sub -Divisions, etc.
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RO� W . GREER
RWG:pag
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STUDY
PUBLIC IMPROVEMENT POLICY
FOR THE
CITY OF CARLSBAD
ROG W. GREER July 1:5, 1975
A nistrative Assistant
EXHIBIT "B"
TABLE OF CONTENTS
Executive Summary Page 1
Introduction Page 2
General Page 2 - 5
Discussion Page 6
Conclusion - Recommendation Page 6
Proposed Ordinance Enclosure 1
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EXECUTIVE SUMMARY
This study discusses the need for a Public Improvement Policy for the
City to include all new construction and alterations which will add
to the population or cause increased requirements for streets, curbs,
gutters and sidewalks.
The Subdivision Map Act includes requirements for the construction
of these public improvements, concurrent with development. Construction
not covered by this act or requiring some other discretionary act by the
City Council, may be built without the constructing of these public
improvements.
A proposed ordinance establishing a Public Improvement Policy for the
City is included. Salient points of the ordinance are:
1. Establishes the need for these improvements as the lack of
such improvements affects the health, safety, and welfare
of the residents.
2. It includes all new construction and selected building
modification work requiring the provision of public
improvements.
3. The ordinance affects construction which involves securing
building permits after January 1, 1976.
4. The City Council may waive the requirements for the construc-
tion of the public improvements.
5. The Director of Building & Housing will not issue a building
permit for construction covered by this ordinance until such
time as the required public improvements are constructed or
their construction is guaranteed by bond or by a future
agreement.
6. Future agreements covering public improvements must be
executed prior to application for a building permit.
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INTRODUCTION
The Subdivision Map Act and Chapter 20 of the Carlsbad Municipal Code
require public improvements (including, but not limited to streets,
curbs, gutters, sidewalks, street trees, sewers, water lines, hydrants,
storm drains) as well as dedication of land or fees in lieu thereof,
for the purpose of parks and recreation facilities to be provided by
the subdivider. These provisions encompass the following:
1. Developments of single family units.
2. Condominium.
3. Community apartment projects.
It does not include the following:
1. Single family dwellings built in R-1 zones not involving parcel
splits or existing boundary changes.
2. Apartments.
Commercial and industrial buildings built in appropriately zoned
areas of the City which do not involve parcel splits or existing
boundary changes.
The Carlsbad City Code does not include a general policy of required
public improvements. Thus, a single family unit built in a sub-
division will include all amenities, whereas, a single family unit
built on a vacant lot in an existing R-1 zone will not require public
improvements. Further, there are no provisions in the Code to require
any future contributions for public improvements or the participation
in improvement districts then in being, in the process of being or
anticipated will be established.
GENERAL
The provision of public improvements at the time of construction is
considered to be the prevailing social philosophy as is evidenced
by the enactment of the Subdivision Map Act. It is recognized that
the philosophy is recent in terms of time and that public improvements
were not considered "essentials" at the time of construction of many
areas of Carlsbad. Many sections of Carlsbad in the downtown area
(south of Elm) have availed themselves of 1911 Act legislation to
provide these improvements. Other areas have built up but their rural
atmosphere is enhanced by the lack of curbs, gutters, and sidewalks.
This best meets the desires of these residents.
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Ideally, both philosphies could coexiFt with minimum or no interference;
however, with growth, the co -mingling of facilities, the need for mobility
between areas of the City, and because of the mixing of the development
methods (subdivision versus individual construction), a blend of preferred
living styles is emerging. To illustrate what is occurring, the following
locations are cited:
1. Lime Grove apartments (not a subdivision) at Chinquapin was not
required to provide curbs, gutters, and sidewalks on the public
right of way (a future agreement as a condition for a zone change
and specific plan and for additional construction, may provide
these improvements when and if the developer proceeds).
2. Royal Homes (a subdivision) just off Valley was required to
provide sidewalks, curbs, and gutters on Valley as a condition
of development. This area has few curbs, gutters, and sidewalks.
Marron's Restaurant on Grand does not have curbs, gutters, and
sidewalks, nor are there any in the immediate vicinity.
4. Children cannot walk the entire distance to Magnolia School on
sidewalks or paved shoulders (although some fulture agreements
do exist in this area).
The above properties are discussed, not in the context of right or wrong,
but to illustrate the fact that blending of interests is occurring and
that a lack of a public improvement policy will continue to add to the
checkerboarding of publicly improved area, interspaced with non-public
improved areas.
It is recognized that some of the problems will be corrected or are being
identified for correction by the present study being conducted by the
Engineering Department concerning future agreements. It should be pointed
out that many of these future agreements exist only because of lot splits,
boundary changes, etc., which fell within the Subdivision Chapter of the
Code, or some other discretionary action; not as a result of a uniform
policy requiring public improvements as a condition of construction for
use by the population caused by this construction.
In summary, the lack of a uniform public improvement policy has resulted,
and will continue to result, in situations where new residential or
commercial and industrial construction may or may not be required to
provide public improvements depending upon the location or the manner
under which the builder proceeds.
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DISCUSSION OF PUBLIC IMPROVEMENT POLICY
What should a proper public improvement policy provide? Obviously, this
varies from jurisdiction to jurisdiction and predicated on the public
interest of the particular locality. In other words, the policy will be
as restrictive or as permissive as is deemed appropriate by the local
legislative body. Regardless of the degree of restrictions it will impose,
the policy should have the following elements:
1. The recognition that the policy affects the public safety, health and
welfare. The reasoning that this is a fact is already established by
the requirements of the Code relating to subdivisions. The capability
to sweep, provision of storm water runoff by gutters and storm drains,
the minimizing of parking problems, the provisions of safe walking for
school children, bike way provisions, all serve to justify streets,
curbs, gutters and sidewalks as affecting public health safety and
welfare.
2. The policy is equitable. The policy should apply equally to all under
the same circumstances. The lack of a policy presently leads to un-
equitable situations as can be seen by these equally possible, albeit
illogical, situations.
a. Two new houses side by side, one is required to have street,
sewer, gutter, and sidewalks as a condition of occupancy (it
was built as a part of a subdivision) whereas the other new
resident is not required to have these public improvements
because the house t!as built on a properly zoned existing lot.
b. An individual requesting a lot split (but not contemplating
construction) would be required to provide public improvements
by a future agreement, even though existing lots with houses
on either side are not required to provide public improvements.
3. The policy must be flexible. A public improvement policy should not
be so rigid so as to preclude reasonable exceptions. The logic of
this being the question as to why public improvements should be
required when building in an area which will never be improved, and
in fact, these improvements would degrade the atmosphere and charm
of the surrounding area.
4. The policy should not be capricious. A public improvement policy
should recognize that building activities such as pools, patios,
family rooms, etc., which do not add to the existing population or
do not create parking, traffic or traffic circulation problems,
should not be restricted by additional costs to provide for unneeded
public improvements. The policy of course, should not be retroactive,
it should provide some guarantee that projects in process will not be
affected by any new regulations.
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The public improvement policy therefore, should include:
1. Recognition that it affects the public health, safety and welfare.
2. It is equitable.
3. It is flexible.
4. It is not capricious.
OTHER JURISDICTIONS
Table 1 is a compilation of San Diego cities' public improvement policies.
Public improvement policies in some jurisdictions are over ten years old
and have been court tested.
Eight cities have ordinances requiring public improvements, three have no
such requirements (including Carlsbad) and two have design review require-
ments which may include public improvements at the discretion of the
Design Review panel as a condition for approval. Five of the eight cities
having public improvement ordinances include remodeling to existing
buildings within the scope of the ordinance. The cost of remodeling (as
determined by the Building Department) is used as a criteria to determine
if public improvements are required and vary in value from $2,500 to $7,500.
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DISCUSSION
Recognizing that public improvements are a desirable goal, a public
improvement policy will assist the City in working toward that
objective. It is not the only means but rather one of several that
are available to assist in reaching or approaching that objective
(when the residents in any particular area deem it a desirable goal).
Other means available, some of which have been mentioned are annotated
below:
1. Subdivision Chapter of the Code.
2. Improvement Districts (1911 and 1913 Acts).
3. Public Improvement Policies for new construction.
4. Public funds
CONCLUSION
A public improvement policy for the City of Carlsbad which will require
the installation of public improvements prior to occupancy of new
residential or commercial/industrial construction is desirable. A
proposed Public Improvement Policy Ordinance is attached.
RECOMMENDATION
The Council consider approving the attached ordinance.
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