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