HomeMy WebLinkAbout1981-04-21; City Council; 6576; Amendment to the Subdivision OrdinanceCITY OF CARLSBAD
AGENDA BILL NO. (0 *£*7(0 t Initial:
Dept.Hd,
DATF. April 21, 1981UAit" _ . C. Atty.
DEPARTMENT City Attorney ' c. Mgr.
Subject:
AMENDMENT TO THE SUBDIVISION ORDINANCE—CERTIFICATE
OF COMPLIANCE
Statement of the Matter
The Subdivision Map Act and the Carlsbad Municipal Code
provide a procedure for a property owner to request a
Certificate of Compliance that his property has been
subdivided in accordance with law. Notwithstanding the
fact that a property has been divided in violation of the
Subdivision Map Act, state law allows the issuance of a
conditional certificate of compliance provided the property
owner agrees to comply with all of the requirements that
would have been levied had he properly subdivided his
property. The -existing Municipal Code only allows for a
conditional certificate in the context of a request for a
development. The City has recently.been approached by a
property owner who wishes to obtain a conditional certificate
but has no desire to develop at this time. State law would
allow that but the Municipal Code would not. An ordinance
has been prepared which would bring the Municipal Code into
accord with state law.
Exhibit
Ordinance No.
Recommendation
That the City Council introduce Ordinance No
COUNCIL ACTION: '
4-21-81 Council Introduced Ordinance No. 9588.
»
OOUCNIL ACTION:
5-5-81 Council adopted Ordinance No 9588.
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ORDINANCE NO. 9588
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
. CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTER
20.48 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTION 20.48.040 RELATING TO
CERTIFICATES OF COMPLIANCE.
The City Council of the City of Carlsbad,
California, does ordain as follows:
SECTION 1: That Title 20, Chapter 20.48 of the
Carlsbad Municipal Code shall be amended by the amendment of
Section 20.48.040 to read as follows:
"20.48.040 Certificates of compliance (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, 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 determination 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 County Recorder, fulfillment and
implementation of the conditions shall be required prior to the
subsequent issuance of a permit or grant of approval for
development of the property, but compliance with such conditions
shall not be required until such time as a building permit or
grading permit is issued by the city.
(b) Certificates of compliance shall be issued for
real property that:
(1) has been approved for development
pursuant to Section 20.48.030 of this chapter.
(2) has been approved for division, and the
requirement for preparing, filing and recording a parcel map has
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been waived pursuant to Section 20.24.150 of this title.
(c) A recorded final subdivision map or recorded
parcel map shall constitute a certificate of compliance with
respect to the lots described therein, and no additional
certificates of compliance shall be issued therefor.
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 21st day of April ,
1981, and thereafter
PASSED AND ADOPTED at a regular meeting of said Council
held on the 5th day of May , 1981, by the
following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None
RONALD C. PACKARD, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City
(SEAL)
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