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HomeMy WebLinkAbout1979-03-20; City Council; 5792; Subdivision Ordinance RevisionsCITY OF CARLSBAD AGENDA BILL NO . rf~ 7 ? 3. _ Initial: Dept.Hd. DATE; March 20, 1979 DEPARTMENT; City Attorney _ C. Mgr. Subject: SUBDIVISION ORDINANCE REVISIONS Statement of the Matter In 1975 the City Council adopted a new comprehensive Subdivision Ordinance. The last three sessions of the Legislature have adopted 26 bills amending 56 separate sections of the Subdivision Map Act. In response to those legislative changes it is again necessary to substantially revised our Subdivision Ordinance. Attached is a memorandum dated March 20, 1979 which discusses what seem to me to be the policy questions raised by the legislative amendments. They should be resolved as the Council considers appropriate. Also, attached is a paper which I have prepared outlining the Map Act amendments which includes a section by section discussion of the changes to the Act and indicates where those changes will require amendments to our Subdivision Ordinance. Finally, I have attached a draft of a Subdivision Ordinance which has been reviewed by the City Engineer and which is recommended for adoption. Exhibits Memorandum from City Attorney to Mayor and City Council dated March 20, 1979. City Attorney's papers re Subdivision Map Act Update 1976, 1977 and 1978, dated January 2, 1979. Ordinance No. Recommendation That the City Council resolve the policy questions as they consider appropriate and proceed to adopt a revised Subdivision Ordinance as soon as possible. Council Action: 3-20-79 Council continued the matter to the meeting of March 27, 1979. 3-27-79 Council directed that the document be prepared'per discussion, and returned to Council at their meeting of April 3, 1979. MEMORANDUM DATE: March 20, 1979 TO: Mayor and City Council FROM: City Attorney . . SUBJECT: DRAFT OF REVISED SUBDIVISION ORDINANCE In 1975 the Legislature recodified the Subdivision Map act removing it from the Business and Professions Code and making it a part of the State Planning Act in the Government Code. The recodification'included a significant number of changes, some of which xvere substantive. In response to the legislative • action, it was necessary to prepare a revised Subdivision Ordinance. A draft was presented to the Council which was similar to the new ordinance for the County of San Diego and the San Diego County City Attorneys Association's model Subdivision Ordinance. The Council adopted the. ordinance with some changes in 1975. -.. Notwithstanding the massive 1975 legislative effort, the 1976 session of the Legislature found it necessary to adopt nine bills, amending twenty-three sections of the Act. The 1977 Legislature adopted five bills, amending nineteen sections of the Act. The most recent session was not quite as ambitious but, nevertheless", they adopted twelve bills, amending fourteen sections of the Act. In response to those legislative changes it is, again, necessary to revise our Subdivision Ordinance. «v I have prepared a paper for the San Diego-Imperial County City Attorneys Association Spring Seminar which outlines all of the changes to the Subdivision Map Act since 1975. (The 1976 section of the paper was prepared by Mr. Pressman). The paper includes all bills for the 1976, 1977 and 1978 sessions of the Legislature which amend the Act and contains a section-by-section discussion of the changes in the Map Act, indicating where those changes will require amendments in our Subdivision Ordinance. A copy of the paper is attached. Also, attached is a draft ordinance which I have prepared that contains all the amendments to our Subdivision Ordinance necessary to bring it into accord with the state law as amended. The individual sections of the ordinance are cross- referenced to the sections of the Map Act in my paper which should allow easy access to the applicable law underlying each proposed ordinance change. . - Mayor and City i ancil Page 2 Many of the amendments to our ordinance are technical in nature. There are, however/ amendments which involve a question of whether or not to utilize a local option or other policy decisions. The balance of this memorandum will discuss those items. The section references are to the draft ordinance. . •' * 1. Section 4 contains an amendment dealing with•"merger"> which was, for me, the most troublesome change in the law. The Subdivision Map Act defines a subdivision as the. division of a unit or units of-contiguous real property. The question then is, when a subdivider who owns a substandard lot acquires additional property adjacent to it, must he then'subdivide before selling off the parcels? The Map Act has been inter- preted as effecting a merger, which means that the lots can only be sold off if they are subdivided. Frequently that results in fewer lots or parcels since the new subdivision must meet current standards. The Map Act now provides that if the parcels were legally- created they do not merge» . • However, under certain circumstances, a local ordinance may require a merger where the lot is undeveloped and where it does not meet the minimum size under current zoning standards,- The draft ordinance includes a merger section similar to the one adopted by the County which would, in some circumstancesr preclude the development of a substandard lot unless it was resubdivided in accordance with currently effective ordinances. The ordinance would tend to minimize the development of non- conforming lots. If the Council, as a policy matter, does not wish to provide for a merger, the bracketed portions of Section 20.04.055(b) can be utilized to "grandfather" all lots created prior to the effective date of the ordinance. . Section 4 also includes a provision'that would unrnerge lots and remove the necessity for resubdivision where the lots conform to the Zoning Ordinance. 2. The Map"Act for some time has authorized the Council to create drainage benefit areas and assess a fee for drainage facilities. Similar authorization exists for major thoroughfares and bridges Carlsbad has never elected to adopt the ordinances necessary to implement those provisions and they have not been included here. If the Council wishes to consider them further, the ordinance amendments are fairly standard and we can have reference to the cities in our area who have adopted them, such as Vista. (At the express request of the Public Works Administrator and the City Engineer, provisions have been added to the draft ordinance for drainage and yewer facilities, and bridge crossings and major thoroughfares). 3. Section 8, which requires notification to school districts of subdivision maps, seems to me to overlap SB-201 and our new School Fee Ordinance. That notice is optional for parcel maps and I have not included it. Mayor and City Council Page 3 4. Sections 9, 14, 16 and 19 reflect the increased emphasis on the part of the Legislature on the requirement that City Councils make findings which back up their decisions. • 5. Section 11 reflects a state law requirement that the City include as a consideration in design of major subdivisions provisions for natural heating or cooling. That amendment is in partial response to a bill known as the Solar Rights Act of 1978 (Chapter 1154, Statutes of 1978, AB 3250). Section 9 of that bill provides that a City-Council may adopt an ordinance to require the dedication of easements for the purpose of assuring that each lot has the right to receive sunlight across adjacent lots for solar energy systems as a condition of the approval of a tentative map* There are a number of requirements which must be included in the ordinance, such as the necessity for the City to have first adopted specific sets-of standards for determining the nature of the easements and the type of buildings that can be allowed on the subdivision. The draft ordinance does not include that optional provision. If the Council wishes to investigate it further, we can make copies of the bill available, There will be the necessity for a sub- stantial amount of staff work before it can be incorporated as an ordinance amendment. 6. Section 13 presents another local option which liberalizes the kinds of security that a City may take as a guarantee for subdivision improvements. The primary purpose 'for the legislation was to assist some cities who were seeking to, •in effect, form partnerships with private developers in order to produce low income housing. -Removing the bond requirements and liberalizing the public improvement require- ments were seen as a desirable local option to facilitate subdivisions for that kind of housing. However, it is not limited to that and may be applied to any major subdivision. Section 13 would allow the use of a lien contract, which we now accept in connection with parcel maps, for certain kinds of improvements on'major subdivisions. That would have the advantage of relieving the"subdivider of the expense of a bond and of the City's need to administer it on a continuing basis where the .improvements are delayed for several years. On the other hand, utilizing the lien contract is less than desirable because: (a) They are used for parcel maps simply because the improvements cannot be designed and it is not feasible to secure them by any other kind of security; therefore, a lien contract is better than no improvements at all. Mayor and City Council Page 4 (b) To my knowledge, in San Diego County, a lien contract has never been enforced. Their primary utility has been in connection with securing approval to assess- ment districts. • • (c) The bonding requirements serves a useful-function for the City. Bonding companies have standards dealing with the financial capacity which gives the City some assurances that the subdivider will be able to perform his improvement agreements. (d) A lien contract necessitates the City foreclosing against the property. In the case of default, the City wants to be able to call the bond and get money to build the improvements. Foreclosing on the property could very easily put the City in the subdivision business, making it.responsible for a failed project. Whether or not to include Section-13 is a policy question. We can anticipate that we will be requested to take other forms of security, such as trust deeds, on the property in the future. That involves significant risks on the part of the City and presents substantial administrative problems. I suggest deferring the discussion of that matter until suchrequests are made. . Section 14 reflects a new state law requirement that subdividers be afforded the right to final their maps in phases-. This change in the state law presents many unresolved questions. •On the one hand, the subdivider is given the right to final his map in phases and the City may not require the subdivider to tell us, when his map is approved, what his phasing plans are. On. the other hand, the state law provides that nothing shall restrict the City's ability to place conditions on phasing. Those two provisions are inconsistent. My best judgment is, that the City's current way of.dealing with phasing is appropriate. That is, the developer rnxist show any proposed phases when the tentative map is approved so that the Council can make the policy decision as to whether or not each phase makes sense as a unit of development and can attach those conditions to each phase as they determine are required in the public interest. If the subdivider1s plans change, he has the ability to process a revised map to allow the City Council to make the policy determination on whether or not to allow the map to be phased. The ordinance carries forward this essential approach as modified to meet the requirements of the new state law. Mayor arid City Council Page 5 8. Section 19 reflects further new findings which the Council must make in approving a map dealing with tenants rights under condominium conversions. -Some cities have applied this requirement to parcel maps. The state law does not require that and I have not included it. 9. Section 18 contains an extensive series of new regulations regarding parcel maps. That presents a number of problems particularly in the area of administration and public improvements. 10. Section 22 would liberalize our adjustment plat procedures. These changes have been made upon, the recommendation of the City Engineer. We currently limit an adjustment plat to the adjustment of boundaries between- four or less lots where all public improvements exist. The adoption of our Public Improvement Ordinance, in the Engineer's view, eliminates the need to be concerned with requiring public improvements as part of an adjustment plat since they can be obtained in connection with development. The limitation on the number of parcels has also been removed. 11. Section 23 contains the new requirement that the City commit park fees within five years or pay them back. The existing Subdivision Ordinance, Section 20.44.100, requires the City Council, in approving a final map, to affix the time for commencement of construction of the park facilities fo-r that subdivision. This section has been honored in the breach. Since we have not followed.it, it has been eliminated. The section now speaks in terms of the state law which requires the Council to adopt a schedule for developing the facilities and then commit the funds within five years. The ordinance does not include any other amendments to the park fee section but Proposition 13 has raised a significant policy question. Our current ordinance keys the fee formula to the assessed value of land. Given the limitations of Proposition 13, very rapidly the assessed valuation will no longer approximate the market value of the land. Some cities in our county, such as Chula Vista, have already acted to amend their park ordinances to compute fees based on the appraised value of the land. Others, such as Vista, have adopted fixed fee formulas. If the Council wishes further attention paid to this matter, they should so indicate. Mayor and City Council Page 6 12. Sections 24, 25 and 26 reflect significant changes in the procedures regarding certificates of compliance. The process is more detailed and, if enforced, will involve additional administration including public hearings before the Council. My assistant has prepared substantial backup materials on each of the ordinance amendments. If you have any questions on specific items, please let me know and I can furnish you with additional information. It is my recommendation that the Council resolve the various policy questions posed in this memorandum and proceed to adopt a revised Subdivision Ordinance as soon as possible. VFB/mla cc: City Manager VINCENT P.. BIONDO, JR. City Attorney VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 (714) 729-1181 January 2, 1979 SUBDIVISION MAP ACT UPDATE 1976 I. 1976 AMENDMENTS A. Chapters 5, 21, 92, 204, 660, 890, 928, 1081 and 1263, Statutes of 1976. II. SECTION-BY-SECTION REVIEW A. §66411.1* (1) Minor subdivision requirements limited to dedications and offsite and onsite improvements for parcels being created. (2) Requirements to be noticed by certificate on map, by instrument of waiver, or by separate instrument recorded with map. (3) Conflict in provisions, but may not require construction of improvements until building permit unless find: (a) Public health and safety requires, or (b) Orderly development requires. B. §66412* (Chapter 92) (1) Map Act inapplicable to boundary adjustments if adjustment is approved by resolution. (2) Query: Can Map Act or local requirements be made applicable as condition to resolution. C. §66423* (Chapter 660) (1) Excludes employees and consultants of subdividers from definition of subdivider. D. §66424* (Chapter 1263) (1) Division to lease for agricultural uses not a subdivision. (2) Conveyance of land to public utility not a sub- division. (3) Query: Is latter in conflict with §66428 saying same thing: "...unless a showing is made in individual * Requires amendment to local ordinance Vincent F. Biondo, Jr. Subdivision Map Act Update 1976 Page 2 cases, upon substantial evidence, that public policy necessitates such parcel map." Probably not: §66424 amended by Chapter 1263, chaptered later than Chapter 928 amending §66428. E. §66424.1 (1) Allows redivision even if new assessment roll not prepared. (2) Nullifies 59 A.G.O. 493. F. §66424.2 (1) No merger by acquisition of two or more contiguous parcels if previously legally divided, unless one parcel doesn't conform to minimum size and at least one not developed with building permit, unless local ordinance exempts same from merger. (2) If agency knows of merger, shall record notice after written notice to owner and a chance to rebut. (3) Nullifies 56 A.G.O. 509 partially. G. §66424.5* (Chapter 660) (1) Defines tentative map. (2) Need not be based on accurate or detailed final survey. H. §66427.1* (Chapter 660) Shall not approve final map for condo or apartment conversion unless: (1) Tenants given 120 days' written notice of intent, and (2) Notice of right to buy on same terms or more favor- able than the public for 60 days after public report. I. §66428* (1) Parcel maps not required for land to public agency or utility unless public policy necessitates (but see comment re: §66424). (2) Shall provide procedure for waiving parcel maps, but must find requirements re area, public improvements, environmental protection, etc., have been satisfied, and may require tentative map. J. §66436 (Chapter 1081) (1) Final map must be signed by beneficiary or trustee under trust deeds and is a subordination. (2) Signatures of holders of rights-of-way and other easements which cannot ripen into a fee are omitted from final map unless owned by public entity or utility. Vincent F. Biondo, Jr. Subdivision Map Act Update 1976 Page 3 (3) Can omit latter if City Council determines final map will not xinreasonably interfere with easement after notice and failure to object or public hearing on objection and such finding. Allows Council to condition recording on curing unreasonable interference. (4) Signatures of holders of mineral and oil and gas leases may be omitted even if they have surface rights or its use is prohibited by local ordinance. K. §66445* (Chapter 1263) (1) Parcel map can indicate rather than show, "remainder of the original parcel" by deed reference to existing record boundary. (2) Can require certificate signed by record interest holders, or less, if by ordinance. (3) If parcel map requires no dedications, certificate shall be signed by subdivider only. (4) May be answer to 59 A.G.O. 640 re: "Not a Part". L. §66445.7* (Chapter 5) (1) Must send a notice of filing tentative map within ten days to school boards. (2) School board may send report with recommendations within 20 days, and if doesn't, deemed approved. M. §66469 (Chapter 660) (1) May correct recorded final map or parcel map to show correct character as well as location of monument changed or incorrectly shown. N. §66473* (Chapter 21) (1) If disapprove map, must identify requirements not met. (2) Ordinance must include waiver procedure when dis- approval for technical or inadvertent error not materially affecting validity of map. O. §66495* (Chapter 660) (1) In survey for final map, agency shall require that, "...at least one exterior boundary line of the land..." be inonumented or referenced rather than "the exterior boundary of the land." (2) Ordinance may require additional monuments. P. §66449 (Chapter 660) Engineer's or surveyor's certificate on parcel map shall state that it conforms to approved tentative map and procedures of the agency and conditions required before filing of the parcel map have been fulfilled. Vincent F. Biondo, Jr. Subdivision Map Act Update 1976 Page 4 Q. §66499.34* (1) No building permit if division in violation if development contrary to public health and safety. (2) Can grant building permit if fulfill conditions applicable at time present owner acquired property, but if Conditional Certificate of Complaince issued per §66499.35 (b) , only such conditions may be required, R. §66499.35* (1) Shall issue Certificate of Compliance on request, and if violation found, conditional certificate which requires compliance with conditions applicable at time present owner acquired property. (2) Certificate recorded and gives notice to owner and successors. (3) Compliance with conditions may not be required until building permit issued. S. §66499.36* (1) If agency has knowledge of division violating law it shall record tentative notice of violation. (2) More than 30 days before recording final notice, give written notice to owner advising and giving chance to rebut before City Council or advisory agency. (3) If no violation found, shall record release, and if final notice recorded, constructive notice to all successors. VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 (714) 729-1181 January 2, 1979 SUBDIVISION MAP ACT UPDATE 1977 I. 1977 AMENDMENTS A. Chapters 234, 412, 561, 883 and 923. Statutes of 1977. II. SECTION-BY-SECTION REVIEW A. Section 66411.1 (Chapter 234 §1)* (1) Ordinance may provide for agreement with subdivider as to time for construction of required improve- ments for minor subdivisions. (2) 1976 problem pointed out by Pressman has been resolved by this amendment. Clearly permissible to defer improvements. B. Section 66412 (Chapter 234 §2)* (1) Map Act inapplicable to boundary line or exchange agreements to which State Land Commission or local agency holding a trust grant of tidelands is a party, (2) May delegate lot line adjustments to advisory agency resolution of legislative body no longer required. C. Section 66412.5 (Chapter 412 §1) (1) Ordinance may remove from application of any Map Act regulations subdivisions of four or less parcels for construction of removable commercial buildings having floor space of less than one-hundred feet. D. Section 66424 (Chapter 234 §3)* (1) Clarifies existing law regarding definition of subdivision. (2) Corrects error in 1976 amendment by providing that conveyance of land to public agency or public utility is not considered a division of land for purposes of computing the number of parcels. For all other purposes such a conveyance is again subject to the Map Act. (3) Nullifies 59 Ops. Cal. Atty. Gen. 640 (1976) by restoring words, "or any portion" to definition of subdivision. Again permissible to make part of larger parcel "not a part" of subdivision. See 52 Ops.Cal.Atty.Gen. 74 (1969). Vincent F. Biondo, Jr. Subdivision Map Act Update 1977 Paqe 2 (4) Nullifies 59 Ops.Cal.Atty.Gen. 493 by restoring words, "by any subdivider" to definition of a subdivision. Four lot split with one of lots being further divided by a BFP not a major subdivision. See 55 Ops.Cal.Atty.Gen. 414. E. Section 66424.1 (Chapter 234 §4) (1) Clarifies existing law allowing a purchaser of newly subdivided land to subdivide once even if new assessment roll is not completed and doesn't reflect the new parcels. F. Section .66424.2 (Chapter 234 §5) (1) Changes declaratory of existing law are made by addition of phrases: (a) "Or were not subject to such provisions at the time of their creation" to modify parcels exempted from mergers by acquisition, and (b) "Or which was built prior to the time such permits were required by local agency" to modify buildings on parcels which don't conform to minimum size for merger by acquisition purposes. (2) Ordinance may provide for merger by acquisition of two or more contiguous parcels if one parcel doesn't conform to minimum size and at least one not developed with a building permit or built prior to time permit required. Such mergers are no longer automatic, but must be specifically provided for at local option. (3) Ordinance may deem all parcels merged prior to effective date of 1977 amendments, unmerged and separate parcels. G. Section 66427.2 (Chapter 923) (1) Unless general or specific plans contain policies specifically directed toward condominium conversions, then findings of consistency with general and specific plan as required in Map Act Sections 66473.5 and 66474 are inapplicable to condominiums consist- ing of the subdivision of airspace in existing structure where no new units are added. Vincent F. Biondo, Jr. Subdivision Map Act Update 1977 Page 3 H. Section 66428 (Chapter 234 §6)* (1) Land conveyed from public agency or utility also exempted from parcel map requirement. (2) Required ordinance providing for a waiver of the parcel map made applicable to subdivisions listed in Section 66426 for which a parcel map is required. I. Section 66436 (Chapter 234 §7) (1) Extends authority to act pursuant to Section 66436, re: certificate of consent, to local advisory agency. (2) Signature of public entity or utility holding rights-of-way and other easements which cannot ripen into a fee may be omitted if Council or advisory agency determine from tentative map that division and development will not unreasonably interfere with the easement. J. Section 66452.6 (Chapter 883 .§1) * (1) Period of time after which a tentative map would expire is extended by any period during which water or sewer moratorium is in effect provided moratorium does not exceed five years. (2) Tentative map valid for at least 120 days after moratorium is terminated regardless of how much time left before expiration prior to moratorium. (3) Applies to all maps approved prior to January 1, 1978 and any map which expired during a moratorium imposed after April 1, 1977. K. Section 66463 (Chapter 234 §8) (1) Ordinance may specify designated official (i.e. City Engineer) who may accept or reject offers of dedication made by certificate on parcel maps if there is an ordinance authorizing such designated official to approve, conditionally approve or disapprove parcel maps. Assume this is declaratory of existing law. L. Section 66469 (Chapter 234 §9) (1) May correct other errors not affecting any property right (i.e. lot numbers, acreage, street names) on final or parcel maps filed with County Recorder. (2) "Error" does not include changes in courses or distances from which an error is not ascertainable from date shown on final or parcel map. Vincent F. Biondo, Jr. Subdivision Map Act Update 1977 Page 4 M. Section 66470 (Chapter 234 §10) (1) Engineer or surveyor who prepares amending map or certificate of correction must sign it. (2) Amending map shall show corrections or omissions made in detail and include names of lot owners affected. N. Section 66477 (Chapter 561 §3) (1) "Recreational community gardens," as defined, are included as a park and recreation purpose for dedication of land or payment of fees as condition of subdivision map approval. O. Section 66495 (Chapter 234 §11) (1) Survey and monument requirements now applicable to parcel map. Minimum one exterior boundary line must have monument. P. Section 66499.20-3/4 (Chapter 234 §12) (1) Adds new procedure for subdivided land to be merged and resubdivided without reverting to acreage. Assume declatory of existing law. Q. Section 66499.34 (Chapter 234 §13)* (1) Extends applicability of provisions for not issuing permits to develop property which is divided in violation of Map Act to purchasers of such property under a contract of sale. (2) Conditions required by City are those applicable at time applicant (owner or purchaser) acquired interest in property. R. Section 66499.35 (Chapter 234 §14)* (1) Certificate of Compliance procedures are applicable to purchasers of real property pursuant to a contract of sale. S. Section 66499.36 Chapter 234 §15)* (1) If agency has knowledge of division violating law, it shall file a notice of intention to record a violation. (2) Upon filing "notice of intention" City Council or advisory agency shall notify the owner advising and giving opportunity to rebut within sixty days of receipt of notice. Vincent F. Biondo, Jr. Subdivision Map Act Update 1977 Page 5 (3) If, after hearing evidence, no violation is found, must file a release. (4) If violation found,or owner fails to object within sixty days, then City Council or advisory agency shall record notice of violation with County Recorder. VINCENT F. BIONDO, JR. City Attorney CITY OF CARLSBAD 1200 Elm Avenue Carlsbad, CA 92008 (714) 729-1181 January 2, 1979 SUBDIVISION MAP ACT UPDATE 1978 I. 1978 AMENDMENTS A. Chapters 88, 209, 244, 335, 338, 340, 426, 521, 620, 709, 1105 and 1154. Statutes of 1978. II. SECTION-BY-SECTION REVIEW A. Section 66426 (Chapter 88) (1) Removes authorisation for local ordinance to require a tentative and final map where each parcel is forty acres or more. A parcel map shall be required for such a subdivision (Query: §66428 provides that local ordinance may require a tentative map where a parcel map is required by Map Act; therefore, a local ordinance may require a tentative map for a subdivision with forty plus acre parcels notwithstanding §66426(d)). B. Section 66427.2 (Chapter 209) (1) Technical correction extends exception for condo- minium projects from finding of consistency with general and specific plans to cities with over 2,800,000 population. C. Section 66434 (Chapter 521 §2)* (1) Additional requirement that where a geologic or soils report is prepared specifically for a sub- division that the final map include the date made, name of geologist and location where report is on file. D. Section 66434.5 (Chapter 521 §3)* (1) Requires soils and geologic reports required pursuant to §66434 to be kept on file by the City for public inspection. Vincent P. Biondo, Jr. Subdivision Map Act Update 1978 Page 2 E. Section 66445 (Chapter 426)* (1) In those specified cases of parcel maps where only the subdivider is required to sign certificate of consent, the City Engineer may require proof of consent of owner of record to the proposed subdivision when the subdivider is not the owner of record. (2) "Record title ownership" defined for such purposes. F. Section 66449 (Chapter 335) (1) Changes the wording for the Engineer's certificate on parcel maps to include, that requirements of local ordinances have been complied with and that the map substantially conforms to the approved or conditionally approved tentative map, if any. G. Section 66456.1 (Chapter 338)* (1) Gives subdivider the "right" to file multiple final maps relating to an approved or conditionally approved tentative map prior to expiration of tentative map if at time of filing he informs advisory agency of his intention. (2) In giving notice, may not require subdivider to define the number or configuration of the multiple maps. (3) Change does not lessen City Council authority to impose reasonable conditions re: filing multiple maps. (4) Expressly made declaratory of existing law. H. Section 66464 (Chapter 340)* (1) Requires City Clerk to transmit approved parcel map directly to the County Recorder. (Final maps still go to Clerk of County Board of Supervisors first.) I. Section 66473.1 (Chapter 1154 §8 & §11)* (1) Part of Solar Rights Act of 1978 package. (2) Requires that where a tentative map is required, the design of the subdivision provides for future passive or natural heating or cooling opportunities in the subdivision. Lists factors to be considered in providing these opportunities. (3) Requirements don't apply to condo projects con- sisting only of airspace subdivision with no new structures added. Vincent F. Biondo, Jr. Subdivision Map Act Update 1978 Page 3 (4) Not applicable to any tentative map received and accepted as complete for processing prior to effective date of act. (January 1, 1979). J. Section 66475.3 (Chapter 1154 §9) (1) Local ordinance may require, as condition of tentative map approval, the dedication of easements for purpose of assuring each parcel or unit which seeks approval for any solar energy system the right to receive sunlight across adjacent parcels or units in the subdivision. K. Section 66477 (Chapter 709) (1) Modifies conditions for requiring dedication of land or fees in lieu: (a) Ordinance must specify how and when City will use the land or fees to develop park and recreation facilities. (b) Fees collected must be "committed" within five years of payment or after issuance of building permits on one half of the lots created by subdivision, whichever occurs later. (c) Failure to commit fees within the time limits requires City to return the fees to the then record owners. L. Section 66484.5 (Chapter 620) (1) May enact ordinance requiring payment of fee as condition of approval of final or parcel map or issuance of building permit to defray costs of "ground water recharge facility", provided City has previously adopted a comprehensive plan for such facility after a public hearing and with approval of the water furnishing agency. M. Section 66498 (Chapter 244) (1) If original engineer/surveyor responsible for setting monuments is replaced by City Council he may release his right to set the final monument by letter to his replacement. N. Section 66499 (Chapter 1105) (1) Allows City Council to require as security for required improvements a lien upon the property to be subdivided (secured by contract), if it finds that it would not be in the public interest to require installation of improvements sooner than two years after final or parcel map approval. Vincent F. Biondo, Jr. Subdivision Map Act Update 1978 Page 4 (2) May require any other security interest that is acceptable to City, including security interest in real property. Ordinance must specify forms of acceptable security. (3) Lien contract or other security agreement shall be recorded with County Recorder. Lien attaches as of recording and has priority of a judgment lien. (4) City may release all or portion of liened property or subordinate lien if there is other security or subordination will not jeopardize completion of improvements. III. PROBLEM AREAS A. Multiple Final Maps. (1) How does City deal with multiple maps that don't make sense? Can't guarantee subdivision will be complete so each unit should stand alone. (2) How can Council attach appropriate conditions to each unit if subdivider can't be required to detail his units? (3) Does §66456.1 prevent City from requiring sub- divider to file a revised tentative map in order to final map in units? (4) What if subdivider doesn't advise the advisory agency on filing but later desires to final in units? (5) Does subdivider have a "right" to final in units? B. New Park Fee Requirements. (1) What constitutes "commitment" of park fees? Query if inclusion in capital improvement budget- is sufficient or if legally enforceable, contractural obligation is required. C. Proposition 13. (1) Park-in-lieu fee ordinances are based on assessed value of land. Query need to revise schedules to fixed fee or base on appraised value of land. D. New Security Options. (1) Possible pressure from subdividers to take trust deeds on property to secure subdivision improve- ments. Valuation, foreclosure and priority problems. Vincent P. Biondo, Jr. Subdivision Map Act Update 1978 Page 5 (2) Does express authorization of lien contract, where improvements aren't needed for two years, preclude use of lien contract for periods shorter than two years? Query: Does Subsection (5) include use of lien contract in all circumstances. SUMMARY OF ORDINANCE NO. 9521 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS THEREOF TO REVISE THE REGULATIONS FOR THE SUBDIVISION OF LAND. Presently the Municipal Code contains extensive regulations for the subdivision of land. These regulations were adopted in 1975 pursuant to the provisions of the State Subdivision Map Act as it then existed. Legislative amendments to the Subdivision Map Act since 1975 necessitate revision of the Municipal Code. This ordinance amends various chapters and sections of Title 20 to bring them into conformity with state law, and to take advantage of certain local options authorized by the Subdivision Map Act. Ordinance No. 9521 amends provisions relating to the following: Definitions including definitions of "Subdivider", "Subdivision", "Tentative Map" and "Parcel Map"; Boundary and lot line adjustments; Merger of nonconforming lots; Designation of Advisory Agency; Environmental Impact Review; Security for payment of taxes and special assessments; release; Bridge crossing and major thoroughfares; Form of tentative map; Notification of affected school districts; City Council approval or conditional approval of tentative and final maps; Stay of certain time limits because of sewer or water moratoria; Provisions for passive or natural heating opportunities; Supplemental improvements; Soil reports; Transmittal of final maps; Waiver of parcel maps; Required improvements; Tentative parcel maps; Final parcel maps; Dedication of fees for recreational purposes; Enforcement; and Procedures in case of noncompliance. Because of the length of Ordinance No. 9521, this summary is being published instead of the full text, pursuant to California Government Code Section 36933(c). A certified copy of the full text of Ordinance No. 9521 is posted in the Office of the City Clerk, City Hall, 1200 Elm Avenue, Carlsbad. Copies of the Ordinance are available from the Clerk. Ordinance No. 9521 was adopted at the April 17, 1979 City Council meeting, by the following vote: AYES: Councilmen Packard, Skotnicki, Lewis and Counci1 woman Casler ABSENT: Councilman Anear