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HomeMy WebLinkAbout1980-04-01; City Council; 6212; Amendments to subdivision regulationsCITY OF CARLSBAD AGENDA SILL NO. U> 3 I £ Initial: Dept.Hd. DATE: April 1, 1980 ; c> Atty^|g~ DEPARTMENT: City Attorney Subject:TO SUBDIVISION REGULATIONS Statement of the Matter The 1979 session of the Legislature adopted six bills amending the Subdivision Map Act. That action requires corresponding changes in our Subdivision Ordinance. A memorandum, outlining 'the legislation, is attached. Also attached is an ordinance revising various chapters and sections of the Carlsbad Municipal Code to bring our Subdivision Ordinance in accord with state law. Exhibits Memorandum from City Attorney to City Council, dated March 25, 1980. Ordinance No. Recommendation If the City Council concurs, your action is to introduce Ordinance No. Council Action: 4-1-80 Council introduced Ordinance 9549, amending the Municipal Code to revise the regulations for the subdivision of lands. 4-15-80 Council adopted Ordinance 9549. MEMORANDUM DATE: March 25, 1980 TO: Mayor and City Council FROM: City Attorney SUBJECT: 1979 Amendments to the Subdivision Map Act Chapter 282 - Adds New Gov. Code §66434.1 Recent amendments to the Education Code allow a school district to enter into leases and agreements with non-profit corporations for the lease of school facilities, with provision for the imposition of an owners' development lien by the school district on all property in the territory to be benefitted to pay the district's lease obligations. Section 66434.1 requires that a notice of this lien be placed on the face of the final map and reference the book and page number in the county recorder's office in which the resolution creating the lien was recorded. These sections have already been implemented by the ordinance adopted by Council in implementing the 1979 amendments to the SB-201 School Fee Law. Chatper 297 - Amends Gov. Code §66452.6 This amendment would allow for a stay of time before which a tentative map expires when a lawsuit has been filed involving the approval or conditional approval of a tentative map. The subdivider must apply for the stay within 10 days of filing the lawsuit and the local agency must either grant or deny the request within 40 days after receiving the request. This amendment may apply retroactively if the subdivider made application for the stay on or before September 23, 1979. The ordinance establishes procedures for reviewing such requests, providing notice and hearing, fees and other require- ments. Chapter 309 - Amends Gov. Code §66465 This amendment would specify that where a public entity has obtained a prejudgment order for possession of property, the public entity is deemed the holder of record title and obviates the need for the prior owners' signatures denoting their consent on a final or parcel map subdividing the property. No amendment to our ordinance is required. Mayor and City Council -2- March 25, 1980 Chapter 383 - Adds Gov. Code §66424.6 and Amends Gov. Code Section 66426, 66434, 66445 and 66478" New Gov. Code §66424.6 allows a subdivider to designate as a remainder that portion of his land which is not divided for the purpose of sale, lease or financing. Improvements required for a remainder can be postponed by agreement between the subdivider and local agency until such time as a permit or other approval for development of the remainder is issued by the local agency. In the absence of such an agreement, improvements may be required within a reasonable time follow- ing approval of the final map and prior to issuance of a grant of approval for development of the remainder. The amendment to Gov. Code §66426 excepts from the require- ments for tentative and final maps those lands with approved access to public streets and highways and zoned for commercial or industrial development that have the approval of the advisory agency, in addition to those that have the approval of the governing body as to street alignments and widths. This amendment does not require any change to our ordinance. The amendment to Gov. Code §66434 requires a designated "remainder" parcel to be indicated on the final map by deed reference to the existing boundaries of such remainder, if such remainder has a gross area of five acres or more. It is no longer necessary that the remainder parcel be indicated as a matter of survey. The amendment to Gov. Code §66445 substitutes the phrase "a designated remainder" for "any remainder". Parcel maps are now to show the location of a designated remainder parcel by deed reference to existing record boundaries where the remainder has a gross area of five acres or more. The ordinance implements the new law on remainder parcels. Finally, the amendment to Gov. Code §66498 substitutes the word "obligation" for "right" and permits the original engineer or surveyor who is replaced by another to release his obligation to set final monuments to his replacement. Chapter 947 - Adds Gov. Code §66412.2 This new section, which will appear in the "general provisions and definitions" part of the Subdivision Map Act, requires a local agency to balance the affect of its subdivision ordinances on housing needs in its jurisdiction with the public service needs of its residents and available physical and environmental resources. The full effect of this section is unclear. It appears to give an "argue point" to those who favor more housing construction, Mayor and City Council -3- March 25, 1980 Chapter 1192 - Amends Gov. Code §§66424y 66426, 66427, 66427.1 66427.2, 66475.2 and 66477 Chapter 1192 basically provides that stock cooperatives are to be treated the same as condominium conversions. "Subdivision" now includes the conversion of five or more existing dwelling units to a stock cooperative. (§66424). Tentative and final maps are required for the conversion of a dwelling to a stock cooperative containing five or more dwelling units (§66426). A map for a stock cooperative project need not show the buildings or the manner in which the buildings or air space above the property are to be divided (§66427). Tenants of proposed stock cooperative projects must be given 120 days written notice of intention to convert and an exclusive right to contract for purchase of their unit for 60 days from the date of issuance of the subdivision public report (§66427.1). Unless a general or specific plan contains definite objectives and policies specifically directed to the conversion of stock cooperatives, the consistency requirements found in §§66473.5, 66474, 66474.61 and 66464.60(c) shall not apply. New language is added requiring a city or county to approve or disapprove a conversion to a stock cooperative based on consistency findings within 120 days following receipt of an application for a conversion (§66427.2). Requirements for dedication of land for local transit facilities (§66475.2) and for dedication of land or in lieu fees for park or recreational purposes (§66477) do not apply where an existing apartment building, more than five years old, is converted to a stock cooperative and no new dwelling units are added. (See page 12) Some of these changes have already been made when the Council included stock cooperatives within our condominium regulations. Mayor and City Council -A-March 25, 1980 TEXT NEW SECTIONS §66412.2. In carrying out t'he provisions of this division, each local agency shall consider the effect of ordinances and actions adopted pursuant to this division on the housing needs of the region in which the local jurisdiction is situated and balance these needs against the public service needs of its residents and available fiscal and environmental resources. (Added by Chapter 947) . §66424. "Subdivision" 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 agri- cultural land for agricultural purposes. Property shall be con- sidered as contiguous units, .even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision", includes, a condominium project, as defined in Section 1350 of the Civil Code, a community apartment project, as defined in Section 11004 of the Business and Professions Code, or the conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 11003'."2 of the Business and Professions Code. Any conveyance of land to a governmental agency, public entity or public utility shall 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. (Amended by Chapter 1192). §66424.6. When a subdivision, as defined in Section 66424, is of a portion of any unit or units of"improved or unimproved land, the subdivider may designate as a remainder that portion^which is not divided for the purpose of sale, lease, or financing. For such a designated remainder parcel, the fulfillment of construction'requirements for improvements shall not be required until such time as a permit or other grant of approval for develop- ment of the remainder parcel is issued by the local agency or7 where provided by local ordinance, until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the local agency. In the absence of such an Mayor and City Council -5- March 25, 1980 agreement, a local agency raay require fulfillment of such construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the ctevelopment of a remainder parcel upon a finding by the local agency that fulfillment of the construction requirements is necessary for reasons of; (.1) The public health and safety; or (2) The required construction is a necessary prerequisite to the orderly development of the surrounding area.(Added by Chapter 383). §66426. A tentative and final map shall be required for all subdivisions creating five or more parcels, five or more condo- miniums as defined in Section 783 of the Civil Code, a community apartment project containing five or more parcels, or for the conversion of a dwelling to a stock cooperative containing five or more dwelling units, except where: (a) The land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway and no dedications or improvements are required by the legislative body, or (b) Each parcel created by the division has a gross area of 20 acres or more and has an approved access to a maintained public street or highway, or (c) The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial de- velopment, and which has the approval of the governing body or advisory agency as to street alignments and widths, or (d) Each parcel created by the division has a gross area of not less than 40 acres or is not less than a quarter of a quarter section. A parcel map shall be required for those subdivisions des- cribed in subdivisions (a), (b), (c), and (d). (Amended by Chapters 383 and 1192). Mayor and City Council -6- March 25, 1980 §66427. A map of a condominium project, a community apart- ment project, or of the conversion of five or more existing dwelling units to a stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided, nor shall the governing body have the right to refuse approval of a parcel, tentative or final map of such a project on account of design or location of buildings on the property shown on the map not violative of local ordinances or on account of the manner in which airspace is to be divided in conveying the condominium. Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project. Nothing herein shall be deemed to limit the power of the legis- lative body to regulate the" design or location of buildings in such a project by or pursuant to local ordinances. (Amended by Chapter 1192). §66427.1. The legislative body shall not approve a final map for a subdivision to be created from the conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds both that: (a) Each of the tenants of the proposed condominium, com- munity apartment project, or stock cooperative project has been or will be given 120 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 covenants, including, but not limited to the provision of services, payment of rent or the obligations imposed by Section 1941, 1941.1 and 1941.2 of the Civil Code. (b) Each of the tenants of the proposed condominium, com- munity apartment project, or stock cooperative 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 60 days from the date of issuance of the subdivision 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. Mayor and City Council -7- March 25, 1980 (c) This section shall not diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county to approve or disapprove condominium projects. (Amended by Chapter 1192). §66427.2. Unless applicable general or specific plans contain definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives, the provisions of Sections 66473.5, 66474, and 66474.61, and subdivision (c) of Section 66474.60 shall not apply to condominium projects or stock cooperatives, which consist of the subdivision of airspace in an existing structure, unless new units are to be constructed or added. A city, county, or city and county acting pursuant to this section shall approve or disapprove the conversion of an existing building to a stock cooperative within 120 days following receipt of a completed application for approval of such conversion. This section shall not diminish, limit or expand, other than as provided herein, the authority of any city, county, or city and county to approve or disapprove condominium projects. (Amended by Chapter 1192). §66434. The final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following provisions: (a) It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits, and acknowledgments may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (b) The size of each sheet shall be 18 to 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. Mayor and City Council -8- March 25, 1980 (c) All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries. (d) Each parcel shall be numbered and each block may be numbered or lettered. Each street shall be named. (e) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. The location of a designated "remainder" parcel shall be indicated, but need not be indicated as a matter of survey but only by deed reference to the existing boundaries of such remainder if such" remainder has a gross area of five acres or more. (f) When a soils report, a geologic report, or soils and geologic reports have been prepared specifically for the subdi- vision, 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 pursuant to Section 66434.5. (g) It shall also satisfy any additional survey and map require- ments of local ordinances. (Amended by Chapter 383). §66434.1. In the event that an owner's development lien has been created pursuant to the provisions of Article 2.5 (commencing with Section 39327) of Chapter 3 of Part 23 of the Education Code on the real property or portion thereof subject to the final map, a notice shall be placed on the face of the final map specifically referencing the book and page in the county recorder's office in which the" resolution creating the owner's development lien was recorded. The notice shall state that the property subdivided is subject to an owner's development lien and that each parcel created by the recordation of the final map shall be subject to a prorated amount of the owner's development lien on a per acre or portion thereof basis. (Added by Chapter 282) . Mayor and City Council -9- March 25, 1980 §66445. The parcel map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall show the location of streets and property lines bounding the property and shall conform to all of the following provisions: (a) It shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. (b) The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. (c) Each parcel shall be numbered or otherwise designated. (d) The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. (e) The map shall show the location of each parcel and its relation to surrounding surveys. The location of a designated remainder parcel shall be indicated but need not be indicated as a matter of survey but only by deed reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more. (f) Subject to the provisions of Section 66436, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required, except that less inclusive requirements may be provided by local ordinance. 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 Mayor and City Council -10- March 25, 1980 to be divided, the local agency may require that the subdivider provide the local agency with satisfactory evidence that the persons with record title ownership have consented to the pro- posed 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 ownership of record of such leasehold interest; "record title ownership" does not include ownership of mineral rights or other subsurface interests which have been severed from owner- ship of the surface. (g) It shall also satisfy any additional map requirements of local ordinances consistent with this division. (Amended by Chapter 383). §66452.6. (a) An approved or conditionally approved tentative map shall expire 12 months after its approval or conditional approval, or after such additional period of time as may be prescribed by local ordinance, not to exceed an additional 18 months. (b) The period of time specified in subdivision (a) 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 120 days, the map shall be valid for 120 days following the termination of the moratorium. This subdivision shall apply to a tentative map approved or conditionally approved prior to January 1, 1978, including any map which has expired during a moratorium which was imposed on or after April 1, 1977. (c) The period of time specified in subdivision (a) shall not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay Mayor and City Council -11- March 25, 1980 of such time period is approved by the local agency pursuant to this section. Within 10 days of the service of the initial petition or complaint in such lawsuit upon the local agency, the subdivider may applyto the local agency for a stay pursuant to the local agency's adopted procedures. Within 40 days after receiving such application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing such requests, including, but not limited to, notice and hearing requirements, appeal procedures and other administrative requirements. This subdivision may be applied to tentative maps approved or conditionally approved prior to the effective date of the~~act amending this section to add this subdivision, if the subdivider makes application for a stay to the local agency within 60 days after the effective date of such act. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map. (e) Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative map, the time at which such map expires may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of two years. If the advisory agency denies a subdivider's application for extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension. (Amended by Chapter 297). §66465. The subdivider shall present to the county recorder evidence that, at the time of the filing of the final or parcel map in the office of the county recorder, the parties consenting to such filing are all of the parties having a record title interest in the real property being subdivided whose signatures are required by this division, as shown by the records in the office of the recorder, otherwise the map shall not be filed. For purposes of this section and Sections 66436, 66439, and 6644T, a public entity which has~ob'tained a prejudgment order for possession of property pursuant to Section 1255.410 of the Code Mayor and City Council -12- March 25, 1980 of Civil Procedure shall be deemed to be the record title owner of jbhe property or property interests described in the order, provided the order for possession has not been stayed or vacated pursuant to Section 1255.420, 1255.430, or 1255.440 of the Code of Civil Procedure, no motion therefor is pending before the court, and the time prescribed by Section 1255.420 of the Code of Civil Procedure for filing a motion for relief from the order has passedT(Amended by Chapter 309). §66475.2. There may be imposed by local ordinance a require- ment of dedication or irrevocable offer of dedication of land within the subdivision for local transit facilities such as bus turnouts, benches, shelters, landing pads and similar items which directly benefit the residents of a subdivision if (a) the subdivision as shown on the tentative map has the potential for 200 dwelling units or more if developed to the maximum density shown on the adopted general plan or contains 100 acres or more, and (b) the governing body finds that transit services are or will within a reasonable time period be made available to such subdivision. Such irrevocable offers may be terminated as provided in subdivisions (c) and (d) of Section 66477.2. The provisions of this section do not apply to condominium projects or stock cooperatives 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. (Amended by Chapter 1192). §66477. The legislative body of a city or county may, by ordinance, require the dedication of land, the payment of fees in lieu thereof, or a combination of both, for park or recreational purposes as a condition to the approval of a final map or parcel map, provided that: (a) The ordinance has been in effect for a period of 30 days prior to the filing of the tentative map of the subdivision or parcel map. (b) The ordinance includes definite standards for determining the proportion of a subdivision, to be dedicated and the amount of any fee to be paid in lieu thereof. Mayor and City Council -13- March 25, 1980 (c) The land, fees, or combination thereof are to be used only for the purpose of providing park or recreational facilities to serve the subdivision. (d) The legislative body has adopted a general plan contain- ing a recreational element, and the park and recreational facilities are in accordance with definite principles and standards contained therein. (e) The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. (f) The city or county 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 under the ordinance shall be committed within five years after the pay- ment 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. (g) Only the payment of fees may be required in subdivisions containing 50 parcels or less. (h) Subdivisions containing less than five parcels and not used for residential purposes shall be exempted from the require- ments of this section; provided however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit. Land or fees required under this section shall be conveyed or paid directly to the local public agency which provides park and recreational services on a community-wide level and to the area within which the proposed development will be located, if such agency elects to accept the land or fee. The local agency accepting such land or funds shall develop the land or use the funds in the manner provided herein. Mayor and City Council -14- March 25, 1980 In the event park and recreational services and facilities are provided by a public agency other than a city or a county, the amount and location of land to be dedicated or fees to be paid shall be jointly determined by the city or county having jurisdiction arid such public agency. The provisions of this section do not apply to industrial subdivisions; nor do they apply to condominium projects or stock cooperatives 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, nor do they apply to parcel maps for a subdivision containing less than five parcels for a shopping center containing more than 300,000 square feet of gross leasable area and no residential develop- ment or uses. Park and recreation purposes shall include land and facilities for the activity of "recreational community gardening," which activity consists of the cultivation by persons other than, or in addition to, the owner of such land, of plant material not for sale. (Amended by Chapter 1192). §66498. In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the legislative body may direct the county surveyor or city engineer, or such engineer or surveyor as it may select, to set such monuments. If the original engineer or surveyor is replaced by another, the former may, by letter to the county surveyor or city engineer, release his obligation to set the final monuments to the surveyor or engineer who replaced him. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this division in accordance with the provisions of Sections 66469 to 66472, inclusive, All provisions of this article relating to payment shall apply to the services performed by the substituted engineer or surveyor. (Amended by Chapter 383). VINCENT F. BIONDO, JR. City Attorney VFB/mla D |• CCOC < 5 < 15 1 2 £ 4 5 6 7 8 9 10 11 12 13 14 15 -10 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 9549 AN ORDINANCE: OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLES 20 AND 21 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 hereby ordain as follows: SECTION 1: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the addition of Sections 20.04.120 and 20.04.130 to - read as follows: "20.04.020 Designated^remainder parcel. When a subdivision, as defined in Section 20.04 ."020, is "of "a" portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. A note shall be placed on the final map or parcel map providing that a building permit will not issue for such parcel until if is further subdivided in accordance with this title. 20.04.130 Consideration of housing needs. In making decisions pursuant to this title, the decision maker shall consider the effect of that decision on the housing needs of the region and balance those needs against the public service needs of its residents and available fiscal and environmental resources." SECTION 2: That Title 20, Chapter 20.08 of the Carlsbad Municipal Code is amended by the addition of Section 20.08.035 to read as follows: "20.08.035 Tentative map litigation stay fee. At the time of filing a request for a stay with the City Engineer, there shall be paid to the Engineering Department a litigation stay processing fee equal to one-quarter of the fee prescribed in Section 20.08.010 for such tentative map." SECTION 3: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.100 to read as follows: "20.12.100 Expiration of tentative maps, (a) The approval C < en O u- S 5c ° z 1"2- •* Hi f~. >. z £ 8 o" Z O co>£ | H O 1 2 3 4 o 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 or conditional approval of a tentative map shall expire eighteen months from the date the map was approved or conditionally approved unless; it is extended in accord with Section 20.12.110 of this chapter. Within such eighteen month period or the period of any extension, the subdivider may cause the subdivision to be surveyed and a final map to be prepared and. submitted to the City Council for approval or disapproval in accordance 'with the tentative map as approved or conditionally approved and in accordance with the Subdivision Map Act and. this title. (b) 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. (c) The period of-time specified in subsection (a) shall, not include any period of time during which a lawsuit has been filed and is pending in a court of competent jurisdiction involving the approval or conditional approval of a tentative map if a stay of such time period is approved by the City Council pursuant to this subsection. An application for a stay must be filed by the subdivider in writing with the City Engineer within ten days of the service of the initial petition or complaint in such lawsuit. The application shall state the reasons for the requested stay and include the names and addresses of all parties to the litigation. The City Engineer shall notify all parties to the litigation of the date when the application will be heard by the City Council. Within forty days after receiving such application, the City Council shall approve or conditionally approve the stay for up to five years or deny the1 requested stay. (d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within such tentative map shall be filed without first processing a new tentative map." SECTION 5: That Title 20, Chapter 20.16, of the Carlsbad Municipal Code is amended by the amendment of Section 20.16.040 by adding Subsection (h) and by the amendment of Sectidn 20.16.060 to read as follows: 11 (h) If improvements are required for a designated remainder parcel, the fulfillment of such requirements by the construction of improvements shall not be required until such time as a building or grading permit for development of the parcel is issued by the City or until such time as the construction of such 2. 0 u. S° * 1 ?, 3 4 5 6 7 8 9 10 11 12 1 13 14 t < £ 15 | 8 Q 16 <""i m 17 18 19 20 21 22 23 24 25 26 27 28 > H C h; O improvements is required pursuant to an agreement between the subdivider and the City. In the absence of such an agreement. | the City Council may require fulfillment of some or all of such | .construction requirements within a reasonable time following approval of the final map and prior to the issuance of a building or grading permit for the development of a remainder parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderly development of the surrounding area. 20.16.060 Agreernent to improve. Unless the city council requires the~subd.ivider to construct improvements prior to final map approval, the subdivider may elect to agree to construct improvements or to otherwise comply with the requirements of this title and with the conditions in the resolution approving the tentative map or, if authorized by the city council, may contract to initiate and consummate special assessment district proceedings in lieu of constructing improvements, as provided in Section 66462 of the Subdivision Map Act. If the Subdivider consents, or the City Council requires pursuant to Section 20.16.045, the agreement may provide for the improvements for a designated remainder parcel prior to issuance of a building or grading permit for such parcel. In addition, the Subdivider shall prepare and deposit with the City Clerk detailed plans and specifications of the improvements to be constructed or the conditions to be met, and such plans and specifications shall be made a part of any such agreement or contract and of the improvement security securing the same. The City Manager is authorized to sign such agreements on behalf of the city." SECTION 5: That Title 20, Chapter 20.20, Section 20,20.060 of the Carlsbad Municipal Code is amended by the addition of Subsection (7) to read as follows: "(7) Indicate the exterior boundary of the land included within the subdivision by distinctive symbols and clearly so designate. The map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys. The location of a designated "remainder" parcel shall be indicated, but need not be indicated as a matter of survey but only by deed reference to the existing boundaries of such remainder if such remainder has a gross area of five acres or more." SECTION 6: That Title 20, Chapter '20.44 of the Carlsbad Municipal Code is amended by the amendment of Section 20.44.020 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; 3. o< <B ~ >- o M^Jcc o 1 2 3 4 5 6 7 8 9 10 11 12 13 O u. S | 14 5t^§ 15 !£ £ 8 o: 16 17 18 19 20 21 22 23 24 25 26 27 28 condominium or stock cooperative:-; 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 ax'ea 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 the owner requesting such permit shall pay park-in-lieu fees as a condition, to the issuance of such permit." SECTION-7: That Title 21, Chapter 21.47, of the Carlsbad Municipal Code is amended by the amendment of Section 21.47.150, by the addition of Subsection (c), and by the amendment of Section 21.47.160 to read as follows: "(c) An application to convert an existing building to a stock cooperative shall be approved, conditionally approved or disapproved within one hundred twenty days following receipt of a completed application. 21.47.160 Notice to tenants of existing buildings being converted to condominiums. In addition to all other required findings for a subdivision, the city council shall find that: (1) Each of the tenants of the proposed condominium, community apartment or stock cooperative 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 covenants, 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 Civil Code. (2) Each of the tenants of the proposed condominium, community apartment or stock cooperative 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 subdivision 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." 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 4. O m m • cc °ft < O! "" ° <O LL ^ ~n O 33 2 w O 8 o i!iil 3 A 8 9 10 11 12 13 14 - *-- < c 16ID — —, J-v 16 17 18 19 20 21 22 25 24 25 26 27 28 published at least once in the Carlsbad Journal within fift-Oio-n days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 1st day of April, , 1980 and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of April , 1980 by the following vote, to wit: AYES: Councilman Packard, Lewis, Anear and Councilwomen Casler and Kulchin NOES: None ABSENT: None • - RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANlS, City Clerk ] (SEAL) 5.