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HomeMy WebLinkAbout1979-04-03; City Council; 5792-1; Subdivision Ordinance RevisionsCITY OF CARLSBAD AGENDA BILL NO. 5792-Supplement 1 Initial: Dept.Hd. DATE: April 3r 1979 c> DEPARTMENT; Citv Attorney c- Mgr. Subject: SUBDIVISION ORDINANCE REVISIONS Statement of the Matter The Council, at your adjourned meeting of March 20, 1979, directed the City Attorney to return the draft Subdivision Ordinance in final form. The ordinance which incorporates the changes as directed by the Council is attached. Exhibit Ordinance No. 9521. Recommendation If the City Council concurs, your action is to introduce Ordinance No. 9521. Council Action: 4-3-79 Council introduced Ordinance 9521, amending the Carlsbad Municipal Code to revise the regulations for the subdivision of land. 4-17-79 Council adopted Ordinance No. 9521. ORDINANCE NO. 9521 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 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. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the amendment of Section 20.04.020 to delete Subsection(16) and to redesignate Subsections 5 through 15 to Subsections 6 through 16 and to add new Subsection(5) to read as follows: "(5) Conditional Certificate of Compliance means a document describing a unit or contiguous units of real property and stating that the fulfillment and implementation of the conditions set forth therein are required prior to subsequent issuance of a building or grading permit applicable thereto." SECTION 2: That Title 20, Chapter 20.04, Section 20.04.020 of the Carlsbad Municipal Code is amended by the amendment of Subsections (18), (19), (21) and (22) to read as follows: "(18) 'Subdivider1 means a person, firm, corporation, partnership or association who prepares to divide, divides, or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not 'subdividers'. (19) 'Subdivision1 means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-ways. 'Subdivision' includes a condominium project as defined in Section 1350 of the Civil Code, a stock.cooperative as defined in Section 11003.2 of the Business and Professions Code, or a community apartment project as defined in Section 11004 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall o m §66412 1 2 3 4 5 6 7 8 9 10 11 12 2 § 13 ~> o ra d u. 3 | ' 14 2 (- < a. T R mO ^li ±0 "•••15£ £ 8 d 16 17 18 19 20 21 22 23 24 25 26 27 28 not be considered a division of land for purposes of computing the number of parcels. As used in this section, 'agricultural purposes' means the cultivation of food or fiber or the grazing or pasturing of livestock. 'Subdivision' does not include: (a) The financing or leasing of apartments, offices, stores or similar space within a duplex, multiple dwelling, apartment building, industrial building, commercial building, mobile home park or trailer park; (b) Mineral, oil or gas leases; (c) Land dedicated for cemetery purposes under the Healtjh and Safety Code of the state; (d) A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided an adjustment plat, pursuant to Chapter 20.36 of this title, for the lot line adjustment is approved by the City Engineer; (e) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party. (21) 'Tentative Map' means a map prepared for the purpose of showing the design and improvement of a proposed major sub- division, and the existing conditions in and around it, filed with the Planning Commission precedent to the preparation and filing of a final map which may but need not be based upon an accurate and detailed final survey of the property. (22) 'Tentative Parcel Map1 means a map prepared for the purpose of showing the design and improvement of a proposed minor subdivision, and the existing conditions in and around it, filed with the City Engineer for approval or conditional approval precedent to the preparation and filing of a parcel map or precedent to waiver of the requirement for a parcel map which may but need not be based upon an accurate and detailed final survey of the property." SECTION 3: That Title 20, Chapter 20.04, Section 20.04.040 of the Carlsbad Municipal Code is amended by the addition of Subsections (4) , (5) and (6) to read as follows: "(4) A lot line adjustment between two or more existing adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created, provided an adjustment plat pursuant to Chapter 20.36 of this Title for the lot line adjustment is approved by the City Engineer. (5) Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party. 2. 56424.2 mvi 1 2 5 4 5 6 7 8 9 10 11 12 13 r^ ^ CM* < °> O IL £ | 14 = Q|§ 15 || 8d 16 It I 17 18 19 20 21 22 23 24 25 26 27 28 o §66412 i66499.3 (6) Leases of agricultural land for purposes of cultivation of food of fiber or the grazing or pasturing of livestock." SECTION 4: That Title 20, Chapter 20,04 of the Carlsbad Municipal Code is amended by the addition of Section 20.04.05"!> to read as follows: "20.04.055 Merger. (a) This Title shall not apply to the sale, lease or financing of one or more contiguous parcels or units of land which have been subdivided under the provisions of city ordinances regulating the division of real property and the Subdivision Map Act applicable at the time such real property was divided or resulted from such division, or which were not subject to such provisions at the time of their creation, even through such continguous parcels or units are held by the same owner; except that, if any one of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use or development under the Zoning Ordinance of the City of Carlsbad and at least one of such contiguous parcels or units is not developed with a building for which a permit has been issued, or which was built prior to the time such permits were required by the city, then such parcels shall be merged. (b) Any lots created prior to January 1, 1979 pursuant to this Title, or any predecessor, or which are buildable lots as defined by Section 21.46.210 of the Zroning Ordinance of the City of Carlsbad, and which merged pursuant to the Subdivision Map Act, are specifically exempted from the merger provisions of Section 66424.2 of the Subdivision Map Act and such lots shall be deemed unmerged and separate parcels.- (c) Whenever the City Engineer has knowledge that real property has merged pursuant to Section 66424.2 of the Subdivision Map Act or this section, he shall cause to be filed for record with the recorder of the county in which the real property is located, a notice of such merger specifying the names of the record owners and particularly describing the real property, provided that at least thirty days prior to the recording of the notice, the owner of the parcels or units to be affected by the merger shall be advised in writing of the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the City Council why such notice should not be recorded. If the property" owners do not present evidence, or if the City Council finds a merger has" occurred after hearing evidence, the notice of merger shall be recorded. If after hearing evidence the City Council finds no merger, the notice shall not be recorded." SECTION 5: That Title 20, Chapter 20.04, Section 20.04.060 of the Carlsbad Municipal Code is amended by the amendment of Subsection (b) to read as follows: 3. 566469 §66472 §66493 o 0 1 2 3 4 5 6 7 8 9 10 11 12 oo •% i8 13 2° O Q fe S | 14 ltS§ 15w -5 —' &S 8 o- 16 I 17 18 19 20 21 22 23 24 25 26 27 28 "(b).The City Engineer is the advisory agency, as that term is used in the Subdivision Map Act, for minor subdivisions, lot line adjustments pursuant to Chapter 20.36 and certificates of compliance. The City Engineer may prescribe, subject to the approval of the City Council, such additional rules and regulations as are necessary or advisable with respect to the form and content of tentative parcel maps required by this Title." SECTION 6: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the amendment of Section 20.04.070 and by the addition of Sections 20.04.100 and 20.04.110 to read as follows: "20.04.070 Environmental Impact Review. (a) All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with Title 19 of this Code and the rules and procedures adopted by the City Council pursuant to the Environ- mental Quality Act of 1970. Consequently, decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be subject to the following: (1) Tentative maps. (A) Negative Declaration. Upon receipt of a Negative Declaration with respect to any tentative map the Planning Commission and the City Council may proceed to consider the tentative map without an environmental impact report. (B) Environmental Impact Report. With respect to any tentative map for which an environmental impact report is required, the Planning Commission and the City Council shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative map. (2) Tentative Parcel Maps. (A) Negative Declaration. Upon receipt of a Negative Declaration with respect to any tentative parcel map, the City Engineer or, on appeal, the City Council may proceed to consider the tentative parcel map without an environmental impact report. (B) Environmental Impact Report. With respect to any tentative parcel map for which an environmental impact report is required, the City Engineer or, on appeal, the City Council shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative parcel map. (b) An application for approval of a subdivision shall not be complete, pursuant to Section 65943 of the California Government Code, until after the environmental review for such subdivision has been accomplished. 20.04.100 Corrections and amendments. Corrections and amendments to final and parcel maps may be accomplished as set forth in Sections 66469 through 66472 of the Subdivision Map Act to the extent provided for therein. 4. g o--SZ O to > 5 >• ° o 1 2 3 4 5 6 7 8 9 10 11 12 3 § 13cc 8 < 05 O 14 15 v ui Oa 8 o 16 17 18 19 20 21 22 23 24 25 26 27 28 Changes in any lot line, parcel line or subdivision boundary line may only be accomplished by recording an approved parcel map or adjustment plat to the extent provided for in this Title. Any other change to a final or parcel map must be accomplished by processing a new tentative map or tentative parcel map. 20.04.110 Security for the payment of taxes and special assessments; release. Whenever security is filed with the Board of Supervisors or the Clerk thereof, pursuant to Section 66493 of the Subdivision Map Act, to secure the payment of taxes or special assessments collected as taxes, which are a lien on the property to be subdivided, but not yet payable, the Clerk of the Board of Supervisors, upon notification by the Tax Collector that the total amount of said taxes or special assessments have been paid in full, may release said security." SECTION 7: That Title 20, Chapter 20.08 of the Carlsbad Municipal Code is amended by the amendment of Section 20.08.140 to read as follows: "20.08.140 Bridge crossing and major thoroughfares. (a) The purpose of this section is to make provision for assessing and collecting fees as a condition of approval of a final map or as a condition of issuing a building permit for the purpose of defraying the actual or estimated costs of constructing bridges or major thoroughfares pursuant to Section 66424 of the Subdivision Map Act. (b) Whenever the following words are used in this section, they shall have the following meaning: (1) 'Construction' means design, acquisition of right- of-way, administration of construction contracts and actual construction. (2) 'Major thoroughfare" means a roadway as shown on the Circulation Element of the General Plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system. (c) Whenever this section refers to the Circulation Element of the General Plan or to the transportation or flood control provisions thereof, it shall mean the Circulation Element of the General Plan and the transportation and flood control provisions thereof heretofore adopted by the city pursuant to Chapter 3 of Title 7 of the Government Code, together with any additions or amendments thereto hereafter adopted. (d) Prior to filing a final map which includes land within an area of benefit established pursuant to this section, the subdivider shall pay or cause to be paid any fees established and apportioned to said property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares. (e) Prior to the issuance of a building permit for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay 5. o 1 CO•3 8_; 0- CNK < en 3"s|§° ii /~\ >• ••» O;; |_ < LL u: . 5 < LU C.J Z LU Q *-T^ o Q 0 tt " 5U u- COZ O co > H cc >• ° 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 ( < ! i I ( 1 I < •I I 1 1 ' ( 1 1 1 1 1 1 I i ( or cause to be paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to Subsection (d) of this section. (f) Notwithstanding the provisions of Subsections (d) and (e) of this section: (1) Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit. (2) Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit. (g) Prior to establishing an area of benefit, a public hearing shall be held by the City Council, at which time the boundaries of the area' of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established. Notice of the public hearing shall be given pursuant to Section 65905 of the Government Code. In addition to the require- ments of Section 65905 of the Government Code, such notice shall contain preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportion- ment . (h) At any time not later than the hour set for hearing objections to the proposed bridge facility or major thoroughfare, any owner of property to" be benefited by the improvement may file a written protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefited by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk and no other protest or objections shall be considered. Any protests may be withdrawn by the owner's making the same, in writing, at any time prior to the conclusion of the public hearing. (i) If there is a written protest filed with the City Clerk by the owners of more than one-half of the area of the property to be benefited by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half of that to be benefited, then the proposed proceedings shall be abandoned, and the City Council shall not, for one year from the filing of that written protest, commence or carry on any proceedings for the same improvements under the provision of this section. 6. o<CO OC (SI < O)o 1 2 3 4 5 6 7 8 9 10 11 12 co n »T8 13 °°ii^ . Ml U- u,< 14 z o>t ^ 15 UJ O 80 16^ <CQ 17 18 19 20 21 22 23 24 25 26 27 28 If any majority protest is directed against only a portion of the improvement then all further proceedings under the pro- visions of this section to construct that portion of the improve- ment so protested against shall be barred for a period of one year, but the City Council may commence new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this section shall prohibit the City Council within such one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement so protested against if it finds, by the affirmative vote of four-fiftl of its members, that the owners of more than one-half of the area of the property to be benefited are in favor of going forward with such portion of the improvement or acquisition. (j) If the City Council finds that a majority protest has not been made they shall make the determinations required by Subsection (g) and decide whether of not to confirm the area of benefit. The Council shall announce its decision by resolution, which shall be recorded with the Recorder of San Diego County. There is hereby established fees for the purpose of defraying the actual or estimated cost of constructing the bridge or thoroughfare as described in such resolution as the Council may adopt pursuant to this section. Said fees and the area of benefit to which such fees are apportioned shall be established as set forth in said resolution. Such apportioned fees shall be applicable to all property within the area of benefit and shall be payable as a condition of approval of a final map or as a condition of issuing a building permit for such property or portions thereof. (k) Notwithstanding the provision of Subsection (j), payment of such fees shall not be required for: (1) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the Director of Building and Housing, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the Director of Building and Housing,, of all existing building on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy .as defined by Section 501 of the Uniform Building Code. (2) The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings. (1) Upon application by the subdivider or applicant for a building permit, the City Council may accept consideration in lieu of fees required pursuant to this section, provided: (1) The City Council finds upon recommendation of the City Manager that the substitute consideration has a vlue equal to or greater than the fee; and (2) The substitute consideration is in a form acceptable to the City Council. 7. toC/J g ~i ££ c*i 85 " 2o-u. Hjf9° ii l£>2mO 5 =u: . 5 <u, O Z ^ o 0UJ Z w <U £• - n>Z O u> o §66473 566455.7 1Q 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 8: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the addition of Section 20.12.015 to read as follows: "20.12.015 Tentative map to conform to rules. All tentative maps shall be in the form and shall contain and be accompanied by the data specified by this Title and by the rules and regulations approved by the Planning Director and the City Council and shall be accompanied by either a Negative Declaration or by a preliminary Environmental Impact Report prepared in accordance with Title 19 of this Code and the rules and procedures adopted by the City Council pursuant to the Environmental Quality Act of 1970." SECTION- 9: That Title 20, Chapter 20.12, Section 20.12.070 of the Carlsbad Municipal Code is amended by redesignating Subsection(b) as Subsection(c) and Subsection(c) as Subsection (d) and by the addition of a new Subsection (b). to read as follows: " (b) Within ten days after the filing of a tentative map, the Director of Planning shall send notice of filing thereof with information about the location, number of units, density and any other information relevant to school districts to the governing board of any elementary, high school or unified school district within whose boundaries the proposed subdivision is located. Such governing board shall make a written report thereon to the City indicating the impact of the proposed subdivision and its recommendations within twenty working days after said notice was mailed or the governing board shall be deemed to have approved the proposed subdivision." SECTION 10: That Title 20, Chapter 20.12, Section 20.12.090 of the Carlsbad Municipal Code is amended by the amendment of Subsection(c) to read as follows: " (c) The City Council shall review the Planning Commission's report on a proposed tentative map, shall consider the matter and shall approve, conditionally approve or disapprove the tentative map within the time limits prescribed by the Subdivision Map Act. The City Council shall announce its decision by resolution. Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this Title, of the kind, nature and extent of any improvements required to be constructed or installed in or to serve the subdivision. Any decision to disapprove a tentative map shall be accompanied by a finding, identifying the requirements or conditions which have not been met or performed. If the City Council fails to act within the required time limit, the -recommendations of the Planning Commission regarding the tentative map shall be deemed 8. 56452.6 o ~,•3 § *< 8 O "• D 5 5°ig BIONCITYAVEVENORCI! O •3IX 0 2 3 4 5 6 7 8 9 10 11 12 13 14 J 15 "••j§5 £§8-'16 17 18 19 20 21 22 23 24 25 26 27 28 to be the decision of the City Council in regard thereto." SECTION 11: That Title 20, Chapter 20.12, Section 20.12.100 of the Carlsbad Municipal Code is amended by the addition of the following: "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 of such moratorium does not exceed five years. Once such a moratorium is terminated, the map shall be valid for the same period of time 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 one hundred-twenty days, the map shall be valid for one hundred-twenty days following the termination of the moratorium." SECTION 12: That Title 20, Chapter 20.16 of the Carlsbad Municipal Code is amended by the amendment of Section 20.16.010(1) and by the addition of Section 20.16.015 to read as follows: "(1) Except as approved by the City Engineer, no lot shall include land in more than a single tax code area. A building permit shall not be issued for a lot which includes land in more than one tax code area and a note reflecting such restriction shall be included on the final map. 20.16.015 Design for passive or natural heating opportunities. (a) In addition to the requirements of Section 20.16.010, the design of a major subdivision for which a tentative map is required by this Title, shall also provide to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate to contour, to configuration of the parcel to be divided, and to other design and improvement require- ments, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. 9. 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 The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added. For the purposes of this section, 'feasible' means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors as the City Council may determine. (b) The requirements of this section shall not apply to any Subdivision Map which has been reviewed and accepted as complete for processing prior to January 1, 1979. SECTION 13: That Title 20, Chapter 20.16, Section 20.16.040 of the Carlsbad Municipal Code is amended by the deletion from Subsection(a) of the following: "..., and before approving a parcel map of a minor subdivi- sion, the City Engineer shall require,..." SECTION 14: That Title 20, Chapter 20.16 of the Carlsbad Municipal Code is amended by the addition of Sections 20.16.041, 20.16.042.and.20.16.043 to read as follows: "20.16.041 Supplemental improvements; required. The subdivider may be required to install improvements for the benefit of the subdivision which may contain supplemental size, capacity or number for the benefit of property not within the subdivision as a condition precedent to the approval of a subdivision or parcel map and thereafter to dedicate such improvements to the public. However, when such supplemental size, capacity or number is solely for the benefit of property not within the subdivision, the City shall enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements pursuant to the provisions of the Subdivision Map Act. The City Council shall determine the method for payment of the costs required by a reimbursement agreement which may include but is not limited to the establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefited. 20.16.042 Supplemental improvements: reimbursement agreement - funding procedures. No charge, area of benefit or local benefit district shall be established unless and until a public hearing is held thereon by the City Council and the City Council finds that the fee or charge' and the area of benefit or local benefit district is reasonably -related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof. 10. §66488 §66487 o 2 j 0 • CC f*iE < o>u <fo u. a 5°° ii 'o>- > o "• ' LJ 0 2 "J-8 0 ° o " m > 1- IE> $Ho (18) 66456.1 (19) 66434 & 66434.5 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 In addition to the notice required by Section 66451.3 of the Government Code, written notice of the hearing shall be given to the subdivider and to those who own property within the proposed area of benefit as shown on the latest equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time. Such notices shall be mailed by the City Clerk at least ten days prior to the date established for the hearing. 20.16.043 Supplemental improvements: drainage, sewerage, bridges and major thoroughfares. If the City has adopted a local drainage or sanitary sewer plan or map as required for the imposition of fees therefor, or has established an area of benefit for bridges or major thoroughfares as provided in Chapter 20.08, the City may impose a reasonable charge on property within the area benefited and may provide for the collection of said charge as set forth in Chapter 20.08. The City may enter into reimbursement agreements with a subdivider who constructs said facilities, bridges or thoroughfares and the charges collected by the City therefor may be utilized to reimburse the subdivider." SECTION 15: That Title 20, Chapter 20.20 of the Carlsbad Municipal Code is amended by the amendment of Section 20.20.020 and by the addition of Section 20.20.160 to read as follows: /// /// /// /// /// /// /// /// /// /// /// /// /// 11. D co 1 2 3 4 5 6 7 8 9 10 11 12 co -\ i I 13 o> *' 14 st<t 15 2 <" 8 d 16 Iff | 17 S ° 18 19 20 21 22 23 24 25 26 27 28 "20.20.020 City Council to approve maps. (a) The City Council shall not consider a Final Map unless there is a valid tentative map for the subdivision. (b) No final map shall be filed in the Office of the County Recorder until approved by the City Council, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The City Council may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadver- tent error, which in the determination of the City Council, doesn't materially affect the validity of the map. (c) Multiple final maps may be filed for portions of land encompassed within an approved tentative map provided the City Council approved tentative map divides the subdivision into units and the final map substantially conforms to one or more of such units and complies with all conditions applicable thereto. (d) The City Council shall not approve a final map for a subdivision to be created from the conversion of a residential real property into a condominium project or a community apartment project unless it finds both that: (1) Each of the tenants of the proposed condominium or community apartment house project has been or will be given one hundred-twenty days written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their convenants, including, but not limited to the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 1941.2 of the California Civil Code. (2) Each of the tenants of the proposed condominium or community apartment house project has been or will be given notice of an exclusive right to contract for the purchase of their respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than sixty days from the date of issuance of the subdivi- sion public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right. 20.20.160 Soil reports. When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdivision, such fact shall be noted on the final map, together with the date of such report or reports, the name of the engineer making the soils report and geologist making the geologic report and the location where the reports are on file. A copy of the soils report, geologic report or soils and geologic reports shall be filed with the City Clerk'and shall be kept on file for public inspection. 12. §66464 §66473 U) Z*l>t £ > o 1 2 3 4 5 6 7 8 9 10 11 12 § 13 | • 14 § 15 o o 16 colf\ 17 §6428 18 19 20 21 22 23 24 25 26 27 28 SECTION 16: That Title 20, Chapter 20.20 of the Carlsbad Municipal Code is amended by the addition of Section 20.20.170 to read as follows: "20.20.170 Transmittal of final map. After approval of a final map by the City Council and after the City Engineer certif that all applicable requirements of the Subdivision Map Act and this code have been satisfied, the City Clerk shall transmit the map to the Clerk of the Board of Supervisors of San Diego County for ultimate transmittal to the County Recorder." SECTION 17: That Title 20, Chapter 20.24, Section 20.24.130 of the Carlsbad Municipal Code is amended by the addition of the following at the end of the section as a concluding sentence: "Any decision to disapprove a tentative parcel map shall be accompanied by a finding identifying the requirements imposed by the Subdivision Map Act and this Title or the conditions of approval which have not been met or performed." SECTION 18: That Title 20, Chapter 20.24, Section 20.24.150 of the Carlsbad Municipal Code is amended to read as follows: 20.24.150 Waiver of parcel map. (a) Other provisions of this Title to the contrary notwithstanding the requirement that a parcel map be prepared, filed with the City Engineer and recorded may be waived provided a finding is made by the City Engineer or, on appeal, by the City Council, 'that the proposed subdivision complies with the requirements as to area, improve- ment and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this Title and the Subdivision Map Act and with the require- ments of the public facilities element of the general plan and the provisions of Chapter 20.44 which would otherwise apply to the proposed subdivision. (b) An. applicant for a minor subdivision pursuant to this section shall pay the fee prescribed by Section 20.08.060 for tentative parcel maps and shall file an application and request for parcel map waiver which shall contain sufficient information in the opinion of the City Engineer to enable the City Engineer or, on appeal, the City Council, to make the findings required by this section. The following types of subdivisions are hereby deemed to comply with the findings required by this section for waiver 13. 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 of the parcel map unless the City Engineer or, on appeal, the City Council find based on substantial evidence that public policy necessitates a parcel map, such map shall not be required for the following: (1) Short term leases (terminable by either party on thirty days notice) of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code. (2) Land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way. (c) The following minor subdivisions, provided dedications or improvements are not required by the City Engineer, or on appeal the City Council, as condition of approval in the absence of evidence to the contrary, are hereby deemed to comply with the findings required by this section for waiver of the parcel map: (1) A minor subdivision wherein each resulting lot or parcel contains a gross area of forty acres or more, or each of which is a 'quarter-quarter section or larger. (2) A minor subdivision only for the purpose of leasing the lots resulting from such subdivision. (3) A major subdivision as specified in Section 20.20.050 of this Title. (d) The processing of any application pursuant to this section shall be subject to the same time requirements and appeal procedures as are provided in this Title for tentative parcel maps. In any case, where waiver of the parcel .map is granted by the City Engineer, or on appeal by the City Council, the City Engineer shall cause to be filed for record with the County Recorder a certificate of compliance pursuant to Chapter 20.48 of this Title. " SECTION 19: That Title 20, Chapter 20.28 of the Carlsbad Municipal Code is amended by the amendment of Sections 20.28.060 and 20.28.070 to read as follows: "20.28.060 Required improvements. As a condition precendent to the approval of a parcel map for a minor subdivision, the subdivider shall construct all off-site and on-site improvements in accordance with the requirements applicable to major subdivi- sions as set forth in Section 20.16.040 of this Title for the parcels being created, provided however, that requirements for the construction of such off-site and on-site improvements shall be noticed by certificate on the parcel map, in the instrument evidencing the waiver of such parcel map, or by separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record. Fulfillment of such construction requirements shall not be required until at or after such time as a building or grading permit is issued by the City or at such time as may be provided by an agreement between the subdivider -and the City pursuant to Section 20.28.070 of this chapter except that in the absence of 14. ..-J 1 2 .3 4 5 6 7 8 9 10 11 . 12o I § 13 O u. ^ | 14 ° ° i ccZ » in f\2 H 5 IL T cm o Zi z ^ 8 d 16 ^ 1 1?i " 18 F66427.1 19 20 21 22 23 24. 25 26 27 28 §66445 such agreement the City Engineer may require fulfillment of some or all of such construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a building or grading permit for the development of a parcel upon a finding that fulfillment of such construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderly develop- ment of the surrounding area. 20.28.070 Agreement to improve. Unless the subdivider elects, with the consent of the City Engineer, to construct the improvements required by Section 20.28.060 of this chapter prior to approval of the parcel map, the subdivider shall execute an agreement to construct such improvements or to otherwise comply with the requirements of this Title and with the conditions of approval for' the tentative parcel map for the subdivision prior to approval of the parcel map. If the subdivider consents, the agreement may provide for the construction of such improvements prior to issuance by the City of a building or grading permit for a parcel within the subdivision. The subdivider shall provide improvement security in accord with Sections 20.16.070, 20.16.080, 20.16.090 and 20.16.100 of this Title. In addition, the subdivider shall prepare and deposit with the City Clerk detailed plans and specifications of-the improvements to be constructed, and such plans and specifications shall be made a part of any such agreement and of the improvement security. The City Manager is authorized to execute such agreements on behalf of the City of Carlsbad." SECTION 20: That Title 20, Chapter 20.32 of the Carlsbad Municipal Code is amended by the amendment of. Section 20.32.020 to read as follows: "20.32.020 City Engineer to approve parcel maps. The City Engineer shall not consider a parcel map unless there is a valid tentative parcel map for the subdivision. No parcel map shall be filed in the office of the County Recorder until approved by the City Engineer, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative parcel map, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The City Engineer may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error, which in the determination of the City Engineer doesn't materially affect the validity of the map." SECTION 21: That Title.20, Chapter 20.32, Section 20.32.040 of the Carlsbad Municipal Code is amended by the amendment of Subsection (3) to read as follows: 15. 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 "(3) A certificate as required by Section 20.20.110(9), provided, however, with respect to a division of land into four or fewer parcels where dedications or offers of dedications are not required, the certificate shall be signed and acknowledged by the subdivider only; provided, however, where a subdivider does not have a record title ownership interest in the property to be divided, the City Engineer may require that the subdivider provide him with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this paragraph, 'record title ownership' shall mean fee title of record unless a leasehold interest is to be divided, in which case "record title ownership' shall mean owner- ship of record of such leasehold interest; 'record title ownership1 does not include ownership of mineral rights or other subsurface interests which have been severed from ownership of the surface." SECTION 22: That Title 20, Chapter 20.32 of the Carlsbad Municipal Code is amended by the addition of Section 20.32.080 to read as follows: "20.32.080 Transmittal of parcel map. After approval by the City Engineer and after he certifies that all applicable require- ments of the Subdivision Map Act and this code have been satisfied he shall transmit the map to the City Clerk. The City Clerk shall transmit such maps directly to the County Recorder of San Diego County." SECTION 23: That Title 20, Chapter 20.36 of the Carlsbad Municipal Code is amended by the amendment of Sections 20.36.010, 20.36.020, 20.36.030 and 20.36.070 and by the addition of Section 20.36.080 to read as follows: "20.36.010 Purpose of chapter. The purpose of this chapter is to provide a simplified procedure for the adjustment of property boundaries or the consolidation of adjacent lots or parcels where no additional lots or parcels will result. 20.36.020 Applicability. Notwithstanding any other provisions of this Title to the contrary, the procedure set forth in this chapter shall govern the processing of and require- ments for adjustment plats. An adjustment plat may be filed in accord with the provisions of this chapter to cidjust the boundaries between two or more adjacent parcels provided the City Engineer determines that the boundary adjustment does not: (1) Create any additional lots; (2) Include a lot or parcel created illegally unless a certificate of compliance pursuant to Chapter 20.48 of this code has been approved and recorded for such lot or parcel; 16. § 8c< 80 < |Slll£>£ "-§ ! o! <CO CO H >- Z !£LU *~.o cc o o 566477 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 • (3) Impair any existing access or create a need for a new access to any adjacent lot or parcel; (4) Impair any existing easement or create a need for a new easement; (5) Violate zoning requirements; (6) Alter the city limit boundary; (7) Require substantial alterations of existing public improvements or create a need for a new public improvement; (8) Adjust the boundary between lots or parcels which are subject to an agreement for public improvements unless the City Engineer finds that the proposed adjustment plat will not materially affect such agreement or the security therefor. 20.36.030 Application. An application for approval of an adjustment plat shall be filed with the City Engineer accompanied by such information as the City Engineer may require and by a fee of fifty dollars, plus ten dollars per final lot or parcel, which will not be refundable. The application shall also be accompanied by an adjustment plat of a size and form prescribed by the City Engineer which shall bear the signature of the owners of the property involved and by a title report for the property. The City Engineer may refer copies of such plat to other public agencies for review and comment. 20.36.070 Certification. If the City Engineer .determines that the adjustment plat meets all the requirements of the Municipal Code and that any conditions imposed have been satisfied he shall certify on the adjustment plat that it has been approved pursuant to this chapter, notify the Planning Department, file it in the Engineering Department and cause to be filed with the County Recorder a certificate of compliance, having as an attachment a copy of the approved adjustment plat. 20.36.080 Appeal. Any interested person may appeal any action of the City Engineer pursuant to this chapter to the City Council as provided in Section 20.24.140 of this Title." SECTION 24: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the amendment of Sections 20.44.020 and 20.44.100 to read as follows: "20.44.020 Applicability of chapter. The provisions of this chapter shall apply to all subdivisions as that phrase is defined in the Subdivision Map Act except industrial subdivisions; condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added; subdivisions containing less than five parcels for a shopping center containing more than three hundred thousand square feet of gross leaseable area and no residential developments and uses; or subdivisions containing less than five parcels and not used for residential purposes provided if a building permit is requested for residential purposes within four years of recordation of the parcel map 17. 1 2 3 '4 5 6 7 8 9 66499.36 10 11 12 LSB200813 *< a S"S|. 14O O 2 z H ENR2£>2 15«5<3 J.O > H §66499.34 16 17 18 19 20 21 22 23 24 25 26 27 28 the owner requesting such permit shall pay park-in-lieu fees as a condition to the issuance of such permit. 20.44.100 Time of commencement of facilities. The City Council shall develop a schedule specifying how and when it will use the land or fees or both to develop park or recreational facilities. Any fees collected pursuant to this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision." SECTION 25: That Title 20, Chapter 20.48 of the Carlsbad Municipal Code is amended by the amendment of Section 20.48.020 to read as follows: "20.48.020 Notice of violation. Whenever the City Engineer has knowledge that real property has been divided in violation of the provisions of the Subdivision Map Act or of City Ordinances enacted pursuant thereto, he shall cause to be filed for record with the County Recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation, and stating that an opportunity will be given to the owner to present evidence. Upon the recording of the notice of intention to record a notice of violation, the City Engineer shall mail a copy of such notice to the owner of the real property. The notice shall specify a time, date and place at which the owner may present evidence to the City Engineer why such notice should not be recorded. If, after the owner has presented evidence, the City Engineer determines that there has been no violation, he shall forthwith file a release of the notice of intention to record a notice of violation with the County Recorder. If, however, after the owner has presented evidence, the City Engineer determines that the property has in fact been illegally divided, or if within sixty days of receipt of a copy of such notice the owner of such real property fails to inform the City Engineer of his objection to recording the notice of violation, the City Engineer shall record the notice of violation with the County Recorder. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such real property." SECTION 26: That Title 20, Chapter 20.48, Section 20.48.030 of the Carlsbad Municipal Code is amended by the amendment of Subsections(a) and (c) to read as follows: 18. 2 3 4 5 6 7 8 9 10 11 12 13 -^CO(0 °° • CC (sj £C < CJ o " 5 | 14%° li> *" oit<t 15O ^ —I«-•; 15 gl§§ 16 O ^ *~ CD it 3 17> I— ££ U. I v ° 19 20 21 22 23 §66499.35 24 25 26 27 28 "(a) No building permit, grading permit or any other permit shall be"issued or any approval granted that are necessary to develop any real property which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or City ordinances enacted pursuant thereto applicable at the time such division occurred unless the City Engineer or, on appeal, the City Council finds that development of such real property is not contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or vendee of the current owner of record pursuant to a contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of his interests in such real property. (c) Upon receipt of a written notification from the permit issuing authority or the body authorized to grant approval that a permit or approval is being sought to develop real property which has been subdivided or which has resulted from a division in violation of the Subdivision Map Act or City ordinances enacted pursuant thereto or upon receipt of a written request from the owner of such real property or the vendee of the current owner of record pursuant to a contract of sale of the real property, the City Engineer shall determine whether such real property is or is not approved for development and shall so inform the owner or vendee thereof and the authority or body which has originated the notification. If it is determined that such real property is approved for development, the City Engineer may impose those conditions that would have been applicable to the division of the property at the time the applicant acquired his interest in the property and which had been established at such time by the Subdivision Map Act or City ordinances enacted pursuant thereto and are appropriate to satisfy public health and safety consider- ations and other considerations as are hereinafter specified, except that if a conditional certificate of compliance has been filed for record under the provisions of Section 20.48.040 of this chapter only such conditions stipulated in that certificate shall be applicable and the City Engineer shall cause a certificate of compliance relative to the subject real property and reflecting such conditions to be filed with the County Recorder pursuant to Section 20.48.040 of this chapter." SECTION 27: That Title 20, Chapter 20.48, Section 20.48.040 of the Carlsbad Municipal Code is amended by the amendment of Subsection(a) to read as follows: "(a) Any owner of real property or a vendee of such person pursuant to a contract of sale of such real property may request in writing that the City Engineer make a determination whether such real property complies with applicable provisions of the Subdivision Map Act and City ordinances enacted pursuant thereto, 19. of* §CC < o> o 1 2 3 4 5 6 7 8 9 10 11 12 13 : J 3 1 14 e|§ 15 £ 8 d 16 {: 1 17 18 19 20 21 22 23 24 25 26 27 28 or that such real property does not comply with the provisions, and the City Engineer shall so notify the owner thereof setting forth the particulars of such compliance or noncompliance. If the subject real property is found to be in compliance with the Subdivision Map Act and City ordinances enacted pursuant thereto the City Engineer shall cause a certificate of compliance relative to such real property to be filed for record with the County Recorder. If the subject real property is found not to be in compliance with the Subdivision Map Act and City ordinances enacted pursuant thereto, the City Engineer may impose such conditions as would have been applicable to the.division of the property at the time the applicant acquired his interest in the property and which had been established at such time by -the Subdivision Map Act or City ordinances enacted pursuant thereto. Upon making such a deter- mination and establishing such conditions the City Engineer shall cause a conditional certificate of compliance setting forth such conditions to be filed for record with the Cdunty Recorder, but compliance with such conditions shall not be required until such time as a building permit or grading permit is issued by the City.1 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 3rd day of Apri 1 / 1979 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 17th day of Apri1 ' > 1979 by the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Lewis and CounciIwoman Casler NOES: None ABSENT: Councilman Anear ATTEST: RONALD C. PACKARD, Mayor ALETHA L. RAUTENKRANZ, City Clerk (SEAL) V 20.