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HomeMy WebLinkAbout1980-08-19; City Council; 6341; Subdivisions: Tentative Map Filing reqirementsCITY OF CARLSBAD AGENDA BILL NO. <^ 3 V/ . t Initial: Dept.Hd.August 19, 1980 DEPARTMENT city Attorney C. Mgr.^\^ — ' Subject: £1^^ THE PROCEDURES AND REQUIREMENTS FOR FILING TENTATIVE MAPS FOR MAJOR AND MINOR SUBDIVISIONS. Statement of the Matter This ordinance amends certain provisions of the City's Subdivision Ordinance in order to clarify the procedures and requirements for filing and approving subdivisions. The ordinance is intended to integrate the various environmental, zoning and subdivision approvals and processes which impact on projects. The ordinance will help ensure that various time limits for actions on a project are not violated and should reduce processing time by clearly informing developers of requirements before projects are initiated. The ordinance also clearly states that subdivision must be consistent with zoning. The ordinance is declarative of existing law. Engineering and Planning have reviewed the ordinance and agree with it. * Fiscal Impact None. Exhibits Ordinance No. Recommendation If the City Council concurs, your action is to introduce Ordinance No. ^^5~c5~ ? • Council Action: 8-19-80 Council introduced Ordinance No. 9559. 9-2-80 Council adopted Ordinance No. 9559. ORDINANCE NO. 9559 ;g en7 ° <O u. ^ I,~, ,"% -J ZO a S -n o i ??: - 16 LI v z ~?: . m £r-j >- ^> Oy H 2 u. "| rm o * 3 -1-J -j§5 £fcgd 0 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING 3 TITLE 20, CHAPTERS 20.12 AND 20.24 OF THE CARLSBAD MUNICIPAL CODE BY THE 4 AMENDMENT OF SECTIONS 20.12.015, 20.12.090, 20.24.030 AND 20.24.130 TO AMEND THE 5 PROCEDURES AND REQUIREMENTS FOR FILING TENTATIVE MAPS FOR MAJOR AND MINOR 6 SUBDIVISIONS. 7 The City Council of the City of Carlsbad, California, does 8 ordain as follows: 9 SECTION 1: That Title 20, Chapter 20.12 of the Carlsbad 10 Municipal Code is amended by the amendment of Section 20.12.015 11 to read as follows: 12 "20.12.015 Application for processing. (a) All tentative maps shall be in the form and shall contain and be accompanied 13 by the data specified by this Title and by the rules and regula- tions approved by the Planning Director and the City Council. 14 (b) The Planning Director shall not accept a tentative map for processing or filing unless the Director finds:. (1) That the requirements of Title 19 of this Code .have been met. (2) That the tentative map is consistent with the provisions of Title 21 of this Code and that all approvals and 17 permits required by Title 21 for the project have been given or issued. 18 (c) Notwithstanding the provisions of Subsection (b) a tentative map may be processed concurrently with documents, 19 permits or approvals required by Titles 19 or 21 if the applicant for the tentative map first waives the time limits for processing, 20 approving or conditionally approving or disapproving the tentative map established by this Title or the Subdivision Map 21 Act. The provisions of Section 19.04.380 shall apply to all tentative maps. A tentative map may be processed but shall not 22 be deemed received until the environmental documents are completed. 23 SECTION 2: That Title 20, Chapter 20.12 of the Carlsbad 24 Municipal Code is amended by the amendment of Section 20.12.090(d) 25 and (e)(1) and (e)(2) to read as follows: 26 "(d) The City Council shall not approve or conditionally approve a tentative map unless they find that the proposed 27 subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable 28 specific plans, and any applicable provisions of Title 21 of OQto CO3 gr^ ~: w«- < OS O £ £=; o"> ^ o~ t < li^ O ^ -I"-' • s tlv LL U O ^ H; O d<COOT_l D:<U 1 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 this Code and that all approvals and permits required by Title 21 for the project have been given or issued. Approval or conditiona approval of a map may be given concurrently with any approval or permit required by Title 21. (e)(1) That the proposed map is not consistent with applicable general and specific plans, and with applicable provisions of Title 21. (2) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans, and with applicable provisions of Title 21." SECTION 3: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the amendment of Section 20.24.030 to read as follows: "20^24.030 Application. (a) A subdivider applying for a minor subdivision or adjustment plat shall file an application with the City Engineer together with copies of a tentative parcel map or adjustment plat as required by the City Engineer prepared in accordance with the requirements of this Chapter and Chapter 20.36 of this Title. (b) The City Engineer shall not accept an application or map for processing unless the Engineer finds: (1) That the requirements of Title 19 of this Code ha/e been met. (2) That the parcel map or adjustment plat is con- sistent with the provisions of Title 21 of this Code and that all approvals and permits required by Title 21 for the project have been given or issued. (c) Notwithstanding the provisions of Subsection (b) a parcel map or adjustment plat may be processed concurrently with documents, permits or approvals required by Titles 19 or 21 if the applicant for the tentative map first waives the time limits for processing, approval, conditionally approving or disapproving a tentative parcel map or adjustment plat provided by this Title or the Subdivision Map Act. The provisions of Section 19.04.380 shall apply to all projects processed according to the provisions of this Chapter. A project may be processed according to this Chapter but shall not be deemed received until the environmental documents are completed." SECTION 4: That Title 20, Chapter 20.24.130 of the Carlsbad Municipal Code is amended by the amendment of Section 20.24.130(4) and (6)(a) and (b) to read as follows: "(4) The city Engineer finds the tentative parcel map does not meet the requirements of this Title or Title 21 or that all approvals or permits required by Title 21 for the project have not been given or issued. -2-3 8 1 2 3 4 6 7 8 9 10 11 12 13 14 f > *-* _ —£^ 15 : S516z £ 8 d Sl'-S K O 17 18 • 19 20 21 22 23 24 25 26 27 28 (6)(a) The proposed map is not consistent with applicable general and specific plans and applicable provisions of Title 21. (6)(b) The design or improvement of the proposed subdivision is not consistent with applicable general and specific plans, and applicable provisions of Title 21." SECTION 5: That the provisions of this ordinance regarding conformity with Title 21 and the need for zoning approvals are declarative of existing law. EFFECTIVE DATE: This ordinance shall be effective thirty day's 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 19th day of August , 1980 and thereafter ^ASSED AND ADOPTED at a regular meeting of said City Council held on the 2nd day of September , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None "^RONALD C. PACKARD, Mayor ATTEST: AtTETHA L. RAUTENKRANZ, City ClerE| (SEAL) "" j "