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Home My WebLink About1978-11-07; City Council; 5640; PUD ExpirationCITY OF CARLSBAD AGENDA BILL NO. \5~6 VQ Initial Dept. Hd DATE: NOVEMBER 7, 1978 C. Atty. C. Mgr. DEPARTMENT: PLANNING ZCA-101, PUD EXPIRATION SUBJECT: Statement of the Matter Recently, staff explained to Council that a new State law on expiration of subdivision maps during a water sewer moratorium may cause a problem for Planned Unit Developments approved but not yet developed. Briefly, this new State law means that a tract map will not expire during the sewer moratorium, but a Planned Unit Development approved along with the tract map will expire. The City Council agreed that this is a problem, and directed the preparation of an ordinance amendment. The Planning Commission, on October 11, 1978, recommended that the attached Exhibit "A", dated August 17, 1978, as prepared by the City Attorney, be adopted. Exhibits Ordinance No. %S"/ Q Planning Commission Resolution No. 1475 Staff report, dated October 11, 1978. California Government Code Section 66452.6 Recommendation If City Council concurs, introduce Ordinance No.9»5V0 as for first reading. Council action: 11-7-78 Ordinance No. 9510, amending Title 21, Chapter 21.45 of the Carlsbad Municipal Code by the amendment of Section 21.45.130 to extend Planned Unit Development permits which are subject to a water or sewer moratorium, was introduced for a first reading 11-21-78 Council adopted Ordinance 9510 as outlined above. Q Ou. S 2 ° i o 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 , ORDINANCE NO. 9510 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER 21.45 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTION 21.45.130 TO EXTEND PLANNED UNIT DEVELOPMENT PERMITS WHICH ARE SUBJECT TO A WATER OR SEWER MORATORIUM. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 21, Chapter 21.45 of the Carlsbad Municipal Code is amended by the amendment of Section 21.45.130 to add the following: "The period of time herein specified shall not include any period of time during which a water or sewer moratorium, imposed after the approval of the Planned Unit Development Permit, is in existence, provided, however, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated, the permit shall be valid for the same period of time as was left to run on the permit at the time that the moratorium was imposed; provided, however, that if such remaining time is less than 120 days, the permit shall be valid for 120 days following the termination of the moratorium." EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 7th day of November i 1978, and thereafter PASSED AND ADOPTED at a regular meeting of said City r o 8 » tc < 8 Q'£ •" -z?lf = i|5"• ji si 6 ^ z | Q"o £ " mZ O w > t oc « g?: 0 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 1 _. • Council held on the- 21st day of November , 1978 by the following vote, to wit: AYES: Coimcilmen Packard, Skotnicki, Anear, Lewis and Council woman Casler NOES: None ABSENT None ^-^7 y /^~2 /? /} ^^^^4^^^^^^^^ RONALD C. PACKARD, Mayoir ATTEST : / /o/J f) -* L ~~r -~iL/ ~~h, / i(AJUuLFuO^ a\ p\ f£Aji^AiL^JR^\jcL/r\/i~. ALETHA L. RAUTENKRANZ, City g^erk (SEAL) . ,'• PLANNING COMMISSION RESOLUTION NO. 1475 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD RECOMMENDING APPROVAL OF A ZONE CODE AMENDMENT TO CHAPTER 21.45 OF THE CARLSBAD MUNICIPAL CODE, INVOLVING PLANNED UNIT DEVELOPMENT. CASE NO.: ZCA-101 APPLICANT: City of Carlsbad 7 WHEREAS, the Planning Commission of the City of Carlsbad did8 |hold a duly noticed public hearing on October 11, 1978, to consider I the subject amendment; and10 WHEREAS, the Planning Commission received all testimony and .arguments, if any, of all persons who desired to be heard, and JL/5 upon hearing and considering all factors relating to Zone Code J.O Amendment-101, found the following facts to exist: The City Council, at their August 15, 1978 meeting, directedJ-O _ the City Attorney to prepare an ordinance to bring the time limits J.O for Planned Unit Developments into accordance with the recent amendments to Section 66452.6 of the Subdivision Map Act.18 _ WHEREAS, the Planning Commission by the following vote recommended APPROVAL of Zone Code Amendment 101 as follows: Section 21.45.130 "The period of time herein specified shall not include any period of time during which a water or sewer moratorium, imposed after the approval of the Planned Unit Development Permit, is in existence, provided, however, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated, the permit shall be valid for the same • period of time as was left to run on the permit at the time that the moratorium was imposed; provided, however, that if such remaining time is less than 120 days, the permit shall be valid for 120 days following the termin- ation of the moratorium." 21 22 23 24 25 26 27 // 28 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 AYES: Larson, Schick, Marcus, L'Heureux, Wrench, Jose * NOES: None ABSTAIN: Rombotis NOW, THEREFORE, BE IT RESOLVED that the above recitations are true and correct. Introduced, approved and adopted this llth day of October, 1978 JERRY ROMBOTIS, Chairman CARLSBAD PLANNING COMMISSION ATTEST: JAMES C. HAGAMAN, Secretary CARLSBAD PLANNING COMMISSION -2- GOVERNMENT CODE ested person" coulJ appeal a decision of the planning" comnifc&ion to the town council, suclt provision, as &JH plied to actions on tentative map;, conflicted with Bus. & Prof. Code. § 11532. subd. (b), providing a right of appeal §66453 only to the suMivider from advisory agency actions on tentative maps, anJ [thiiititfc thersf'jr: hid no available administrative remedy. Environmental Law FunJ, Inc. vCorte Madera (1975) 49 CA3d 105. 122 Cal Rptr 232. § 6(452.6, Expiration of approval, and termination of proceedings; Water or sewer moratorium: Application for time extension, and proceedings thereon (a) An approved or conditionally approved tentative map shall expire 12 months after Ils approval or conditional approval, or after such additional period of time as may be prescribed by local ordinance, not to exceed an additional 18 months. The period of time herein specified shall not include any'period of time during which a water or sewer'moratorium; imposed after approval of the tentative map, is in existence, provided however, that the length or such moratorium does not exceed five years. Once such a moratorium is terminated, the map shall be valid for the same period of lime as was left to run on the map at the time that the moratorium was imposed; provided, however, that if such remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium. The 1977 amendments to this section shall apply to a tentative map approved or conditionally approved prior to January 1, 1978, including any map which has expired during a moratorium which was imposed on or after April 1, 1977, (b) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map. (c) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of two years. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the legislative, body within 15 days after the advisory agency has denied the extension. Added Stats 1974 ch 1536 § 4, operative March 1. 1975; Amended Stats 1977 ch 883 § 1. Prior Law: (a) Former B & P C § 11554, as added by Stats 1943 ch I2S § 1 p 870, amended by Stals 1943 ch 665 § 3 p 2425, Stats 1955 ch 1593 § 9 p 2890, Stats 1961 ch 1063 § 1. Stats 1965 ch 1ISO§ 11, Stats 1967 ch 1623 § 1. (b) Former B &. P C § 11554.5, as added by Stats 1972 ch 639 § 1. (c) Former B & P C § 11555. -as added by Stats 1943 ch 123 5 1 p 870, amended by Stals 1943 ch 6SS | 4 p 2425 Stats 1955 cb 1593 § 10 p 2890, Stats 1965 ch 1180 § 12. (d) Stats 1937 ch 670 § 11, 1st, 2nd sentsp 1S67. • ?f •' Amendments: - 1977 Amendment: Added the second sentence and the second and third paragraphs in subd (a). "Subdivider": § 66423. Cal Jur 2d Records and Recording Laws § 79. • - 43 Ops Atty Gen 148 (authority of county to grant subdivider more than one extension of time in which to record finalmap). . 57 Ops Ally Gen 239 (propriety of filing final map covering only portion of subdivision included in previously approved tentative map; propriety though tentative map concerns planned unit development). Lesisiatire Counsel's Opinion: Subdivides. 1955 SJ 1275.