HomeMy WebLinkAbout1981-09-15; City Council; 6741; Amendment to Municipal CodeAGENDA BILL
INITIAL :
DEPT. HD. XENDA BILL NO: &+7 / .
DATE: September 15, 1981
DEPARTMENT: PLANNING
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SUBSECT: AMENDMENTS TO THE MUNICIPAL CODE TO ALLQW THE PLANNING COMMISSION TO
HAVE FINAL APPR3VAL AUTHORITY EOR CEriTAIN DISCRGTIONARY APPLICATIONS AND TO
BRING THE SUBDIVISION AND ZONING ORDINANCES INTO CONFORMANCE WITH RECENT
CHANGES TO THE STATE MAP ACT
CASE NO. ZCA-137 APPLICANT: CITYOFCARLSBAD
STAW OF THE MATTER:
purpose of the amendments is two-fold:
final approval authority for several additional discretionary applications and
2) to bring sections of the Subdivision Ordinance and Zoning Ordinance into compliance with recent changes to the State Map Act.
This item is a request to make nmrous amendments to the Municipal Code.
1) to give the Planning Cananission
The
These amendments were initiated at a joint City Council/Planning Comnission workshop earlier this year. public hearing amendments to the Code which would allow the Camnission final decision-making authority for several additional items unless appealed to Council, the most important being all developments with fifty or fewer lots or units. Staff has taken advantage of this opportunity to also draft amendments to the Code which would bring it into compliance with numerous amendments to the State Map Act which were passed by the State legislature last year.
At that time, the Council directed staff to set to
The amendments were drafted as a joint effort by the City Attorney's office,
the Planning Department and the Engineering Department. consist of five exhibits which are sumnarized in the staff report to the
Planning Comnission dated August 26, 1981.
The amendments
ENVIRONMENTAL REVIEW
The Planning Director has determined that this item will not cause any
significant environmental impacts and, therefore, has issued a Negative Declaration which was approved by the Planning Cmission on August 26, 1981.
A copy of the environmental documents is on file in the Planning Department.
FISCAL IMPACTS
This amendment will not
RECOMMENDATION
If desired, Council
code as recofimended
create any impacts on public
may introduce Ordinance
by Pianntng Commission.
facilities.
No .?&!?a anending
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September 15, 1981
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EXHIBITS
1. PC Resolution No. 1861
2. Exhibits A,B, C, D, and E dated August 26, 1981
3. Staff report dated August 26, 1981
4. Ordinance No. 9b oz
COUNCIL ACI'IC)I!I:
9-15-81 Council introduced Ordinance NCE 9602, 9603, 9604 and 9605.
APPROVED
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PLANNING COMMISSION RESOLUTION NO. 1861
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL
OF MISCELLANEOUS AMENDMENTS TO THE ZONING ORDINANCE,
SUBDIVISION ORDINANCE, ENVIRONMENTAL PROTECTION
ORDINANCE AND CITY COUNCIL POLICY NO. 20 IN ORDER
TO ALLOW THE PLANNING COMMISSION TO HAVE FINAL
ORDINANCES CONSISTENT WITH THE STATE SUBDIVISION MAP ACT AND OTHER RECENT LEGISLATION
APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-137
APPROVAL AUTHORITY IN CERTAIN MATTERS AND TO MAKE THE
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WHEREAS, the Planning Commission did on the 26th day of
August, 1981, hold a duly noticed public hearing as prescribed by
law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering
all testimony and arguments, if any, of'all persons desiring to
be heard, said Commission considered all factors relating to the
amendments to the Zone Code, Subdivision Ordinance, Environmental
Protection Ordinance .and City Council Policy.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning Commis-
sion as follo.ws:
(A) That the foregoing recitations are true and correct.
(B) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZCA-137, according to
Exhibit "A", ''B" , "C", ''D" and "E", dated August 26, 1981, attached hereto and made a part thereof, based on the follow- ing findings:
Find ing s
1) That the amendments will implement City Council direction to
provide the Planning Commission with more final decision-
'making authority on certain matters.
2) That the amendments are necessary to make certain sections of the Code consistent with recent changes to the State Map Act.
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3) That this project will not cause any significant environmen-
tal impacts and a Declaration of Negative Environmental Im- pact has been issued by the Planning Director on August 6? 1981 and approved by the Planning Commission on August 26,
1981.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Planning Commission of the City of Carlsbad, California, held on
the 26th day of August, 1981, by the following vote, to wit:
AYES: Marcus, Rombotis, Farrow, Jose, Friestedt, and L'Heureux
NOES: None
PC RES0 1861 -2-
CI-L OF CARLSBAD
COUNCIL POLICY STATEMENT
General Subject:
-YJBIT "D" / AUGUST 26, 81
Policy No.
-Date Issued
I Effective Date .
Specific Subject:
Supersedes No. ,.
Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File
111. AMENDMENT TO CITY COUNCIL POLICY NO. 20 - STREET NAMES
Amend Step 2 of the Procedures Section to read as follows:
2) The changing 'of street names may be initiated by any of the following:
. A letter from a private individual or-body . Resolution of Intention of the Planning Commission . Resoiution of Intention of the City Council
In all cases, it shall be the-duty of the Planning
Department to prepare a report discussing the
ju&tification for such a change, recommending a replacement name and discussing any effects of ;he change on other streets in the city.
The secretary of the Planning Commission shall place
the matter on the first convenient Planning Commission
agenda, and shall submit the report of the Planning
Department at that time.
The Planning Commission shall hold a public hearing.
Said public hearing shall be noticed to all property
owners on the street proposed for change by mail 15- days prior to the hearing, or by the posting of a notice along the street at 300 foot intervals, 15 days prior to the hearing. The Post Office and County
Recorder shall also be sent written notice of the
proposed change. .
Upon receiving testimony at the public hearing, the- Planning Commission shall announce its decision on the proposed street name change by resolution, including the date upon which said change will become effective. Upon receipt of the Planning Commission's resolution,
the City Clerk shall place a copy of the resolution on
the City Council agenda as an information item. The
decision of the Planning Commission shall be final'
unless appealed to the City Council within 10 days after the adoption of the Resolution. Sixty days prior to the effective date of the change, the City'Clerk shall send written notice of the change to the Post
Off ice and County Recorder. t2.' /1
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DATE :
TO:
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SUBJECT :
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STAFF REPORT
August 26, 1981
Planning Commission
PI anning Department
ZCA-137 - CITY OF CARLSBAD Request for approval Of miscellaneous amendments to the Zoning Ordinance, Sub- division Ordinance and Environmental Protection Ordi- nance,
I. DISCUSSION
This item is a request to make numerous amendments to the Munici- pal Code in order to allow the Planning Commission to have final approval authority for certain discretionary actions and to bring
the Code into conformance with recent changes to the State Map Act.
As the Planning Commissian may recall, at a joint City Council/- Planning Commission workshop last year, the Council directed staff to consider additional items for which the Commission could
have final approval authority, The goal was to provide the Plan- ning Commission with more discretionary authority and to shorten the time involved in the processing of items for the benefit of
applicants and the city. Staff analyzed the matter and returned with a report to the Council earlier this year, At that time, it
was decided to send to public hearing amendments to the Municipal Code to allow the Commission final decision-making authority for several items, the most important being all developments with 50 or fewer lots or units.
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Staff has taken advantage of this opportunity to also draft amendments to the Code which would bring it into compliance with
numerous amendments to the State Map Act which were passed by the state legislature last year,
The amendments were drafted as a joint effort by the City Attor- ney’s Office, the Planning Department and the Engineering Depart- ment and consists of five parts as follows:
1) Amendments to Title 21 of the Municipal Code (Zoning
Ordinance) - Attached and labeled Exhibit “A”, these amendments would establish the authority and procedures to allow the Commission to finally approve all condomin- ium and planned unit development projects with 50 or
fewer lots ox units unless formally appealed to the City Council.
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2) Amendments to Title 20 of the Municipal Code (Subdivision
Ordinance) - Attached and labeled Exhibit "B", these
amendments would establish the procedures to allow the
Commission to finally approve all subdivision maps with
50 or fewer lots unless formally appealed to the City
Council. These amendments also contain all the changes to the Code which are necessary to bring the city's Sub-
changes to the State Map Act.
- division Ordinance into compliance with the recent
Amendments to Title 19 of the Municipal Code (Environ- mental Protection Ordinance) - Attached and labeled Exhi- bit "c", these amendments would establish the authority and procedures for the Planning Commission to certify all final Environmental Impact Reports for projects with 50 or fewer lots or units.
Amendments to City Council Policy No. 20 (Street Naming
Policy) - Attached and labeled Exhibit this amend-
ment would give the Planning Commission final approval authority for street name changes.
Amendment to Section 21.04 of the Municipal Code (Zoning Ordinance Definitions) - Attached and labeled Exhibit
"E", this amendment would add wording to the existing definition of "lot" contained in the Zoning Ordinance in
order to make the definition consistent with a recent
change to the State Map Act.
I1 e ENVIRONMENTAL REVIEW
The Planning Director has determined that this proposal will not
have a significant impact on the environmental and, therefore, has issued a Negative Declaration on August 6, 1981.
111, RECOMMENDATION
It is recommended that the Planning Commission approve the Nega-
tive Declaration issued by the Planning Director and adopt Plan-
ning Commission Resolution No. 1861, recommending APPROVAL of ZCA-137, based on the findings contained therein.
ATTACHMENTS
Planning Commission Resolution No. 1861
Exhibits "A, B, C, I) and E", dated August 26, 1981
Environmental Documents
MJH : wl
8/14/81
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MEMORANDU M
TO: ' : f ,212 ae 1. .i I o I ;;mi 1 1 e r , P I ann ing DATE: October 8, 13&>-
FROM: City Clerk
SUBJECT: ZCA-137; Courici1 Actian at October 6, 1981 meeting
Please; br. advieed that the City Council, at its meeting oP- OctoLer 6, 1981, adopted Ordinance Nos. 9602, 9603, 9G04 an^! 9405 re ZCA-137.
f,::,mciL did not, bowever, take any action with regard to
i ,lt Air,imz.tirnenf^'Eo Counail Policy ,;20 (copy attached), which
~\u+ ilso iiicluded in the agenda bill fox the above matter.
Tf T-OU have any atLt?stions regarding this matter, please
ccz1-1t:ac: t Illlc? .
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ORDINANCE NO. 9602
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20 OF
OF VARIOUS CHAPTERS AND SECTIONS TO REVISE THE CITY'S SUBDIVISION PROCEDURES CONSISTENT WITH
THE SUBDIVISION MAP ACT.
THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT
The City Council of the City of Carlsbad, California,
does ordain as follows:
SECTION 1 : That Title 20 ,' Chapter 20.04, Section
20.04.020 of the Carlsbad Municipal Code is amended by the
amendment of Subsection (19)(A) and the addition of Subsection
(19)(F) to read as follows:
"(A) The financing or leasing of apartments, offices, stores or similar space within a duplex, multiple dwelling, apartment building, industrial building, commercial building, mobilehome park or trailer park. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the
construction of commercial or industrial buildings on a single
parcel, unless the financing or leasing is not subject to review under this title or any other title of the Carlsbad Municipal Code regulating design and improvement. The financing or leasing of existing separate commercial or industrial buildings on a
single parcel. .
(F) Any separate assessment under Section 2188.7 of
the Revenue and Taxation Code."
SECTION 2: That Title 20, Chapter 20.04, Section
20.04.040 of the Carlsbad Municipal Code is amended by the
amendment of Subsection (b) (1) to add the following words
immediately after the word "park" in that section:
"or to any parcel of land or portion thereof in
conjunction with the construction of commercial or industrial
buildings unless the project is not subject to review under other
provisions of this code, or to exiting separate commercial or industrial buildings on a single parcel."
SECTION 3: That Title 20, Chapter 20.04, of the
Carlsbad Municipal Code is amended by the amendment of Section
20.04.O5O(b) to replace the word "Substitution" with the word
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"subdivision" in the second sentence thereof.
SECTION 4: That Title 20, Chapter 20.04 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.04.055(b) to read as follows:
"(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 zoning
ordinance of the city and which merged pursuant to the
Subdivision Map Act and have not been deemed merged pursuant to this section or any of its predecessors, are exempted from the
merger provisions of this section and such lots shall be deemed
unmerged and separate parcels as provided in Section 66424.2(b) .I'
SECTION 5: That Title 20, Chapter 20.04 of the Carlsbad
Municipal Code is amended by the amendment of Section
20.04.080(c) to add the words "or planning commission'' after the
words "city council" in the first sentence of the second
paragraph thereof.
SECTION 6: That Title 20, Chapter 20.08 of the Carlsbad
Municipal Code is amended by the addition of Section 20.08.015 to
read as follows:
"Tentative map appeal fee. A tentative map appeal fee
in an amount established by city council resolution shall be
paid at the time an appeal is filed with city clerk."
SECTION 7: That Title 20, Chapter 20.08 of the
Carlsbad Municipal Code is amended by the addition of Section
20.08.045 to read as follows:
"20.08.045 Notice fees. The subdivider shall pay a fee to cover the cost incurred by the City in giving any notice or providing any report required by this title or the Subdivision
Map Act. I'
SECTION 8: That Title 20, Chapter 20.12 of the Carlsbad
Municipal Code is amended by the addition of Section 20.12.065 to
read as follows:
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"20.12.06S Proof of notice--major subdivisions.
Whenever the subdivider is required by this title or the Subdivision Map Act to give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof, sufficient to allow the planning commission or the city council to find that the notice has been given or
the reports or information provided. Such proof may include declarations under penalty of perjury."
SECTION 9: That Title 20, Chapter 20.12, Section
20.12.070 of the Carlsbad Municipal Code is amended by the
amendment of Subsection (c) to read as follows:.
"(c) The Planning Director shall prepare a staff report to the planning commission containing recommendations regarding the tentative map. A copy of the staff report and
recommendations shall be furnished to the subdivider and to each
tenant of the subject property in the case of a proposed
conversion of residential real property to a condominium project, community apartment project or stock cooperative project at least three days prior to any hearing or action on such map by the planning commission.
SECTION 10: That Title 20, Chapter 20.12 of the
Carlsbad Municipal Code is amended by the amendment of Sections
20.12.080 and 20.12.090 and by the addition of Sections
20.12.091, 20.12.092, and 21.12.093 to read as,follows:
"20.12.080 Planninq Commission duties. The planning commission is authorized and directed to carry out the following actions :
(1) Hold a public hearing on all tentative maps. Any interested person may appear at the hearing and shall be heard; (2) Investigate the design and improvements proposed
for each subdivision on the tentative maps filed with it and at
the conclusion of the hearing on the map:
(A) Approve, conditionally approve or disapprove
the map for subdivisions of fifty or fewer lots or units, or
(B) For subdivisions of more than fifty lots or units, make a report with respect to the design of the subdivision and the kind, nature and extent of the proposed improvements to the city council.
conditionally approves or disapproves a tentative map, it shall
take such action within the time limit specified in the
Subdivision Map Act and 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
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(3) Whenever the planning commission approves,
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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 planning commission fails to act within the required time limit, the tentative map as filed shall be deemed approved,
insofar as it complies with all applicable requirements of
Titles 19, 20, 21 or other parts of this code.
tentative map, the commission shall make its report within the time limits specified in the Subdivision Map Act. The report shall include findings and recommendations on the findings required by the Subdivision Map Act.
(5) Whenever the planning commission approves or
conditionally approves or recommends approval or conditional
approval of a tentative map, it shall also establish or recommend, pursuant to the provisions of this title, the kind, nature and extent of the improvements to be constructed or
installed in or to serve the subdivision for which such
tentative map is filed; provided, however, where the planning
commission does not prescribe the kind, nature or extent of the
improvements to be constructed or installed, improvements shall
be constructed and installed in accordance with the city
standards.
conditionally approves a tehtative map providing for
supplemental size of improvements, the establishment of benefit
districts, the execution of reimbursement agreements or the setting of fees under any of the provisions of Sections 20.08.133 or 20.08.140; Chapter 20.09: or Sections 20.16.041,
20.16.042 or 20.16.043, the map shall be forwarded to the city
council which shall hold a public hearing on the issue of the
improvements.
20.12.090 City couricil action. (a) When a report on a tentative map is filed with the city clerk, the clerk is directed, unless otherwise directed by the city council, to set the matter for public hearing on the agenda of the first council meeting after the planning commission adopts its resolution
reporting on the map, or on the agenda of the first council meeting within thirty days after the planning commission considered the map if the planning commission has not adopted
its resolution within that time.
(b) The city council shall hold a public hearing on
the tentative map. Any interested person may appear at such hearing and shall be heard.
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
(4) Whenever the planhing commission reports on a
(6) Whenever the planning commission approves or
(c) The city council shall review the planning
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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 to be the decision of the city council in regard thereto.
20.12.091 Required findings. (a) The planning
commissior, or city council shall not approve or conditionally
approve a tentative map unless they find that the proposed
subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable
specific plans, and any applicable provisions o'f Title 21 of
this code and that all approvals and permits required by Title
21 for the project have been given or issued. Approval or
conditional approval of a map may be given concurrently with any approval or permit required by Title 21. (b) The planning commission and city council shall not approve or conditionally approve a tentative map if they make
any of the following findings:
applicable general and specific plans, and with applicable provisions of Title 21;
proposed subdivision is not consistent with applicable general and specific plans, and with applicable provisions of Title 21;
(3) That the site is not: physically suitable for
the type of development;
(4) That the site is not physically suitable for
the proposed density of development; (5) That the design of the subdivision or the
proposed improvements are likely to cause substantial
(1) That the proposed map is not consistent with
(2) That the.design or improvement of the
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environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
type of improvements are likely to cause serious public health
problems;
type of improvements will conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the
proposed subdivision. In this connection, the city council may approve a map if they find that alternate easements for access or for use will be provided and that these wil.1 be substantially
equivalent to ones previously acquired by the public;
Environmental Quality Act have not been met;
perform any of the requirements or conditions of this title or the Subdivision Map Act, unless they find that such failure is a result of a technical and inadvertent error which does not materially affect the validity of the map;
property to condominiums, community apartments or stock cooperatives, that all required notices and reports to tenants
have not been or will not be sent as required by law.
(6) That the design of the subdivision or the
(7) That the design of the subdivision or the
(8) That all requirements of the' California
(9) That the proposed map fails to meet or
(10) In the case of conversions of residential real
20.12.092 Required notices. (a) Whenever a public
hearing is required to be held pursuant to the provisions of
this title or the Subdivision Map Act, notice of the hearing
shall be given as provided in Section 66451.3 of the Government
Code.
section (a), notice shall be given to all property owners shown on the last equalized assessment roll as owning property within
300 feet of the project by direct mailing or by delivery by
mea'ns other than mailing. The notice shall be given within the time limits established by Subsection (a).
(b) In addition to the notice required by Sub-
20.12.093 Appeal of planning commission decision.
-(a) The subdivider, any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, or any other interested
person may appeal; from any action of the planning commission with respect to a tentative map, to the city council.
within fifteen days after the action of the planning commission
from which the appeal is being taken.
set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision
of the city council is final.
Any such appeal shall be filed with the city clerk
Upon the filing of an appeal, the city clerk shall
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(b) The decision of the city council shall be consistent with the provisions of this code and the Subdivision
Map Act and shall be supported by appropriate findings. (c) If the city council fails to act on an appeal within the time limits specified in this section, the appeal
shall be deemed denied."
SECTION 11: That Title 20, Chapter 20.12, of the
Carlsbad Municipal Code is amended by the amendment of Section
20.12.110(b) to insert the words "or planning commission for
tentative maps which it is authorized by this title to approve
or conditionally approve" after the words "city council"
wherever they appear in the subsection.
SECTION 12: That Title 20, Chapter 20.12 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.12.120 to insert the words "or planning commission for
tentative maps which it is authorized by this title to approve
or conditionally approve" after the words "city council"
wherever they appear in the section.
SECTION 13: That Title 20, Chapter 20.16 of the
Carlsbad Municipal Code is amended by the addition of Section
20.16.025 to read as follows:
"20.16.025 Conversion of mobilehome parks. (a) At the time of filing a tentative map for a subdivision to be created
from the conversion of a mobilehome park to another use, the
subdivider shall also file a plan specified by Section 66427.4 of
the Government Code.
mobilehome park, the plan specified in Subsection (a) shall
include the report specified by Section 21.37.110(b)(3) of this
code.
displaced mobilehome park residents, the plan shall address the
availability of adequate replacement space in mobilehome parks.
The subdivider shall make a copy of the plan available to each
resident of the mobilehome park at least fifteen days prior to
the hearing on the map by the planning commission. If Chapter 21.37 applies, the subdivider shall also prov,ide all notices
required by Section 21.37.120 of this code. The planning
(b) If the provisions of Chapter 21.37 apply to the
(c) In determining the impact of the conversion on
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commission or city council may require the subdivider to take
steps to mitigate any adverse impact of the conversion on the ability of displaced mobilehome park residents to find adequate space in a mobilehome park, and shall make all the findings required by Section 21.37.120 applicable."
SECTION 14: That Title 20, Chapter 20.16 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.16.043 to add the words "or Chapter 20.09" after the words
"as set forth in Chapter 20.08."
SECTION 15: That Title 20, Chapter 20.20 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.20.010 to insert the words "planning commission or" before the
words "city council."
SECTION 16: That Title 20, Chapter 20.20 of th2
Carlsbad Municipal Code is amended by the amendment of Section
20.20.020(d) to read as follows:
"(a) The city council shall not approve a final map for a subdivision to be created from a conversion of residential
real property into a condominium project, a community apartment
project, or a stock cooperative project unless it finds all of the following:
condominium project, community apartment project, or stock
cooperative project has received written notification of
intention to convert at least sixty days prior to the filing of a
tentative map. There shall be a further finding that each such tenant and each person applying for the rental of a unit in such residential real property has or will have received all
applicable notices and rights now or hereafter required by this
title or the Subdivision Map Act. In addition, a finding shall
be made that each tenant has received ten days written
notification that an application for a public report will be or has been submitted to the Department of Real Estate, and that such report will be available on request. The written notices to
tenants required by this subdivision shall be deemed satisfied if
such notices comply with the legal requirements for service by
mail. I'
condominium project, community apartment project, or stock cooperative project has been or will be given written
notification within ten days of approval of a final map for the proposed conversion.
condominium project, communlty apartment project, or stock
(1) Each of the tenants of the proposed
(2) Each of the tenants of the proposed
(?) Each of the tenants of the proposed
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cooperative project has been or will be given one hundred-eighty 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 194-1 of the California Civil Code.
condominium project, community apartment project, or stock cooperative project has been or will be given notice of an
exclusive right to contract for the purchase of his or her 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 ninety 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 riqht.
(5) This section shall not diminish, limit or
expand, other than as provided herein, the authority of the city
council. to approve or disapprove condominium projects .'I
(4) Each of the tenants of the proposed
SECTION 17: That Title 20, Chapter 20.20, Section
20.20.020 of the Carlsbad Municipal Code is amended by the
amendment of Subsection (c) to read as follows:
"(c) Multiple final maps may be filed for portions of the tentative map provided that the tentative map approval by the city council, or planning commission when authorized,
divides the subdivision into units and the final map substantially conforms to one or more of such units and complies with all conditions applicable to such units. When dividing a subdivision into units, the city council or planning commission
shall insure that the design and improvement of each unit are
consistent with the provisions of this title."
SECTION 18: That Title 20, Chapter 20.24 of the
Carlsbad Municipal Code is amended by the amendment of Section
20.24.115 to replace the word "latest" with the word "last" and
to delete the words "and persons in possession, if different",
and by the addition of the following language at the end of the
section: "Whenever a tentative parcel map is for the conversion
of existing residential real property to a condominium project,
community apartment project or stock cooperative project the
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notice required by this section shall be sent to all tenants of
the project . I'
SECTION 19: That Title 20, Chapter 20.24 of the
Carlsbad Municipal Code is amended by the addition of Sections
20.24.116 and 20.24.117 to read as follows:
"20.24.116 Conversion of mobilehome parks. At the
time of filing a tentative parcel map for a subdivision to be created from the conversion of a mobilehome park to another use, the subdivider shall also file a report specified by Section 21.37.110(b)(3) of this code. In determining the impact. of the
conversion on displaced mobilehome park residents, the 1-cport
shall address the availability of adequate replacement space in
mobilehome parks. The subdivider shall make a copy of the report available to each resident of the mobilehome park within
15 days of the filing of the tentative parcel map. The
subdivider shall also provide all notices required by Section
21.37.120 of this code. The City Engineer may require the subdivider to take steps to mitigate any adverse impact of the
conversion on the ability of displaced mobilehome park residents
to find adequate space in a mobilehome park, and shall make all
the findings required by Section 21.37.120.
20.24.117 Proof of notice--minor subdivisions.
Whenever the subdivider is required by this title or the
Subdivision Map Act to give any notice or provide any report or
information to any person other than the city, the subdivider
shall submit proof sufficient to allow the city engineer to find that the notice has been given or the reports or information
provided. Such proof may include declarations under penalty of
perjury."
SECTION 20: That Title 20, Chapter 20.24, Section
20.24.130 of the Carlsbad Municipal Code is amended by the
addition of Subsection (6)(h) to read as follows:
"(h) ' In the case of the conversion of residential real
property to a condominium project, community apartment project or stock cooperative project, that any of the notices to tenants
required by law have not been or will not be given"
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
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at least once in the Carlsbad Journal within fifteen days after
its adoption. -
INTRODUCED AND FIRST READ at a regular meeting of the
Carlshad City Council held on the 15th day of Septanber I
198 1, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
by the
ATTEST
Council held on the 6th day of October , 1981 ,
following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES: None
ABSENT: None 1
RONALD C/. PACKARD, Mayor MARY H. CASLER, Vice Mayor
(SEAL)
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ORDINANCE NO. 9603
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21 CHAPTER
21.45 AND 21.47 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO REVISE THE
PERMIT PROCEDURES IN ORDER TO ALLOW THE PLANNING
COMMISSION TO FINALLY APPROVE CERTAIN PLANNED UNIT
DEVELOPMENTS AND CONDOMINIUMS.
The City Council Df the city of Carlsbad, California,
CITY' S PLANNED UNIT DEVELOPMENT AND CONDOMINIUM
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.45 is amended by the
amendment of Section 21.45.030 to add the words "planning
commission when authorized by this Chapter" before the words "city
council" in the first sentence thereof.
SECTION 2: That Title 21, Chapter 21.45 of the Carlsbad
Municipal Code is amended by the amendment of Sections 21.45.050,
to read as follows:
"21.45.050 Application. Application for a permit for a
planned unlt development shall b e made in accordance with the
procedures set forth in this section:
(1) An application for a planned unit development permit
may be made by the record owner or owners of the property affected or the authorized agent of the owner or owners. The application shall be filed with the Planning Director upon forms provided by him. The application shall state fully the reasons a planned unit development is a proper method to develop the property and shall be
accompanied by adequate plans, a legal description of the property and all other materials and information specified by the Planning Director;
(2) At the time of filing the application the applicant
shall pay a processing fee in an amount as specified by City Council resolution;
(3) The application shall be accompanied by a tentative
map which shall be filed with the Planning Director in accordance
with procedures set forth in Chapter 20.12 of this code;
(4) If the applicant contemplates the construction of a
planned unit development in phases, the application shall so state and shall include a proposed construction schedule;
(5) If the project is to provide open space areas and
recreational facilities to be used by the occupants of two or more dwelling units, it shall be stated in the application and the application shall include a plan, acceptable to the city, for the preservation and maintenance of the common areas of $he property;
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(6) If the applicant proposes to convert existing
buildings to a planned unit development, the plans shall reflect
the existing buildings and show all proposed changes and
add it ions.
SECTION 3: That Title 21, Chapter 21.45 is amended by
the amendment of Section 21.45.070 to read as follows:
21.45.070- Planning Commission Action: The Planning
Commission shall hold a public hearing on all planned unit
development permits. For all planned unit development permits with
50 or fewer units or lots, the planning commission shall approve,
conditionally approve or disapprove the permit. For all planned
unit development permits with more than 50 units or lots, the
planning commission shall prepare a report and recommendation for
the city council. The report shall include findings and
recommendations on the matters set out in this chapter and shall
be forwarded to the City Clerk who shall set the matter for public
hearing before the city council.
SECTION 4: That Title 21, Chapter 21.45 is amended by the
amendment of Section 21.45.080 to read as follows:
21.45.080 City Council Action. The city council shall -. hold a public hearing on a planned unit development permit for
which the Planning Commission has filed a report with the City
Clerk. At the public hearing, the city council shall review the Planning Commission's report, shall consider the matter and shall approve, conditionally approve or disapprove the permit.
SECTION 5: That Title 21, Chapter 21.45 is amended by
the addition of Section 21.45.081 to read as follows:
21.45.081. Public Hearings. Whenever a public hearing is required by this chapter notice omhe hearing shall be given as provided in Chapters 21.52 and 21.54 of this code. When the
hearing on a planned unit development permit is consolidated with
the hearing on a tentative map under the provisions of Section
21.45.090 notice shall satisfy the requirements of both this chapter and Title 20 of this code.
SECTION 6: That Title 21, Chapter 21.45 is amended by the
addition of Section 21.45.082 to read as follows:
21.45.082 Required Findings. (a) The planning commission or city council shall approve or conditionally approve a planned unit development permit only if it finds that all of the following facts exist:
necessary and desirable to provide a service or facility which
will contribute to the general well-being of the neighborhood and the community.
(1) The proposed use at the particular location is
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safety or
vicinity,
vicinity .
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2) Such use will ,not be detrimental to the health,
general welfare of persons residing or working in the or injurious to property or improvements in the
(3) All design criteria set forth in Section 21.45.110 and all minimum development standards set forth in Section
21.45.120 will be met.
affect and will be consistent w,ith the general plan for the city,
applicable specific plans, and the adopted plans of any governmental agency.
(b) In granting a planned unit development permit, the
planning commission or city council may modify to the plan or
inpose such conditions as it deems necessary to protect the public
health, safety and general welfare. Any development standards of
the underlying zone in which the property is situated including, but not limited to, signs, fences, walls, maximum building height, minimum yards, maximum building coverage and off- street parking
may be increased or decreased or otherwise modified as necessary to accomplish the purposes of this chapter.
(4) The granting of this permit wilX not adversely
SECTION 7: That Title 21, Chapter 23.45 is amended by the
addition of Section 21.45.083 to read as follows:
21 -45.083 Appeal .of Planning Commission Decision. (a) The applicant, any rEZi3Znt of the subject property, in
the case of a proposed conversion of residential real property to a planned unit development project, or any other interested
person may appeal, from any action of the planning commission with
respect to a planned unit development permit, to the city council.
within fifteen days after the action of the planning commission from which the appeal is being taken.
set the matter for public hearing. Such hearing shall be held
within thirty days after the date of filing the appeal. Within
ten days following the conclusion of the hearing, the city council
shall render its decision on the appeal. The decision of the city
council is final.
with the provisions of this chapter and shall be supported by
appropriate findings.
time limits specified in this section, the appeal shall be deemed
denied.
Any such appeal shall be filed with the City Clerk
Upon the filing of an appeal, the City Clerk shall
(b) The decision of the city council shall be consistent
(c) If the city council fails to act on an appeal within the
SECTION 8: That Title 21, Chapter 21.45 of the Carlsbad
Municipal Code is amended by the amendment of Sections 21.45.100,
.21.45.120, 21.45.130, and 21.45.160 to insert the words "planning
commission or" before the words "city council" whenever they
appear in those sections.
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SECTION 9: That Title 21, Chapter 21.45 of the Carlsbad
Municipal Code is amended by the amendment of.Section 21.45.140 to
insert the words "or planning commission for planned unit
development permits which it is authorized by this chapter to
approve or conditionally approve" after the words "city council".
SECTION 10: That Title 21, Chapter 21.47 is amended by
the amendment of Section 21.47.030(a) to read as follows:
21.47.030 Condominium Permit Applications.
(a) A condominium permit shall b e required tor all condominiums to be developed in the city.
condominium permit shall be made in accordance with the procedures set: forth in this chapter.
-Application for a
SECTION 11: That Title 21, Chapter 21.47 is amended by
the amendment of Section 21.47.060 to read as follows:
21.47.060 Planning Commission Action, The planning
commission shall h old a public hearing OR all kndominium permits.
For all condominium permits with 50 units or less, the planning commission shall approve, conditionally approve or disapprove the permit. Such determination shall be made in accord with this
cade, the general plan and any applicable master or specific plans. For all condominium permits with more than 50 units, the
planning commission shall prepare a report and recommendation for
the city council. This report and recommendation shall be forwarded to the City Clerk who shall set the matter for public hearing before the city council.
SECTION 12: That Title 21, Chapter 21.47 is amended by
the amendment of Section 21.47.070 to read as follows:
21.47.070 City Council Action. The city council shall
hold a public hearing on a condominium permit for which the
planning commission has filed a report with the City Clerk. At the
public hearing, the city council shall review the planning
commission's report, shall consider the evidence and shall approve, conditionally approve or disapprove the permit. Such determination shall be made in accord with this code, the general plan and any
applicable master or specific plans.
SECTION 13: That Title 21, Chapter 21.47 is amended by
the addition of Section 21.47.075 to read as follows:
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21.47.075 Appeal of Planning Commission Decision. (a) The applicant, any tenant of the subject property, in the case of a proposed conversion of residential real property to
a condominium, or any other interested person may appeal, from an! action of the planning commission with respect to a condominium permit, to the city council.
Any such appeal shall be filed with the City Clerk within fifteen days after the action of the planning commission from
which the appeal is being taken.
the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days
following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city
council is final,
with the provisions of this code and shall be supported by
appropriate findings.
time limits specified in this section, the appeal shall be deemed
denied.
Upon the filing of an appeal, the City Clerk shall set
(b) The decision of the city council shall be consistent
(c) If the city council fai1.s to act on an appeal within the
SECTION 14: That Title 21, Chapter 21.47of the Carlsbad
Municipal Code is amended by the amendment of Sections 21.47.130
and Section 21 ,47.160 to insert the words "planning commission or"
before the words "city council" whenever they appear in those
sections.
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
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the 15th day of September f
198 1, and thereafter
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PASSED, AND ADOPTED at a regular.meeting of said City Council
held on the 6th day of October , 1981, by the following
vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NOES : None
ABSENT: None
.-/I,,,, J PdCLr
RONALD G. PACKARD, Mayor
ATTEST :
(SEAL)
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ORDINANCE NO. 9604
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 19, CHAPTER 19.04 OF THE CARLSRAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO REVISE THE CITY'S ENVIRONMENTAL
THE PLANNING COMMISSION FINAL APPROVAL AUTHORITY FOR
CERTAIN MATTERS.
IMPACT REPORT PROCESSING PROCEDURES IN ORDER TO ALLOW
The City Council of the city of Carlsbad, California,
loes ordain as follows:
SECTION 1: That Title 19, Chapter 19.04 of the Carlsbad
lunicipal Code is amended by the amendment of sections
19.04.040(b) and (f) to read as follows:
"(b) City Council. Unless the Planning Commission is
3uthorized by Subsection (f) to hold a public hearing on and
Jertify a final environmental impact report, it shall be the
responsibility of the City Council:
impact report;
report is completed pursuant to CEQA, the state guidelines and :his title.
'lanning Commission:
impact report;
:ompliance with CEQA, the state guidelines and this title.
:he final decision making body except for the possibility of
ippeal, to certify that the first environmental impact report is
Jompleted pursuant to CEQA, the state guidelines and this title;
iecision making body, to forward the first environmental impact
report to the Council for certification
report, to make the finding of whether or not a proposed project
Jill have a significant effect on the environment."
(1) To hold a public hearing on every environmental
(2) To certify that the final environmental impact
"(f) Planning Commission. It is the responsibility of the -----.--
(1) To hold a public hearing on every environmental
(2) To complete the final environmental impact report
(3) For projects for which it or any city official is
(4) For projects for which the City Council is the final
(5) For projects requiring an environmental impact
SECTION 2: That Title 19, Chapter 19-04 of the Carlsbad
lunicipal Code is amended by the amendment of Section 19.04.230 to
:ead as follows:
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19.04.230 Planning - Commission Hearing. The environmental impact report shall b e forwarded to the secretary of
the Planning Commission. The secretary shall set the matter for
public hearing on the Commission agenda. Notice of the date of
the hearing shall be mailed to the applicant, posted on the
Council Chamber door, published once in a newspaper of general
circulation and mailed to all property owners as shown on the latest equalized assessment roll, within a radius of three hundred
feet of the proposed project ten days prj.or to the date of the
hearing. If the number of persons to whom noti.ce would be mailed is over one hundred, in lieu of mailing, such notice may be given
by placing a display advertisement of at least one quarter page in
the newspaper having the greatest circulation in the city. The
Planning Director may require any.additiona1 notice he deems
necessary for the project and assess the costs to the applicant.
If the hearings on the environmental impact report will be consolidated according to this chapter with public hearings on
other approvals on the project, the notice required by this
section may be given in the same manner and at the same time as
public notice otherwise required for the project. At the hearing
the Commission shall hear staff comments on the report and
comments from the public. The Commission may refer the report back to staff for further investigation, information and analysis and for the inclusion of additional material if they determine
such to be necessary to a full and complete report. The Planning Director shall supplement the report if any significant points are raised at the hearing which have not been covered in the project.
city official is the final decision making body, except for the possibility of appeal, if the Commission finds khat the report has
been completed in compliance with CEQA, the state guidelines and this chapter it shall by resolution so certify. For all other projects the Commission shall forward the final environmental impact report to the City Council with a recommendation as to
whether or not the report has been completed in compliance with
all applicable requirements.
For projects for which the Planning Commission or any
SECTION 3: That Title 19, Chapter 19.04 of the Carlsbad
Municipal Code is amended by the addition of Section 19.04.245 to
read as follows:
“19.04.245-.Appeal of Planning Commission Decision. - An applicant or any other interested person may appeal, from any action of the Planning Commission with respect to a final environmental impact report for which it is authorized by this title to certify, to the City Council.
fifteen days after the action of the Planning Commission from
which the appeal is being taken.
the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days
Any such appeal shall be filed with the City Clerk within
Upon the filing of an appeal, the City Clerk shall set
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following the conclusion of the hearing, the City Council shall
render its decision on the appeal. The decision of the City
Council is final."
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
adopt ion.
INTRODUCD AND FIRST READ at a regular meeting of the
day of %?tder I - Carlsbad City Council held on the
1981, and thereafter
15th
PASSED, AND ADOPTED at a regular meeting of said City
Council held on the -6th- - - day of October I 1981, by the
following vote, to wit:
AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
NQES: None
ABSENT: None
YLkyr J eL&&.;,
RONALD ,C. PACKARD, Mayor
ATTEST :
(SEAL)
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ORDINANCE NO. 9605 '
.L
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 21, CHAPTER
21.04 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT
OF' SECTION 21.04.210 TO AI'IEND THE DEFINITION OF LOT
TO RE CONSISTENT WITH THE SUBDIVISION MAP ACT
The City Council of the city of Carlsbad, California,
does ordain as follows:
SECTION 1: That Title 21, Chapter 21.04, of the Carlsbad
Municipal Code is amended by the amendment of Section 21.04.210 tc
read as follows:
21 .04.210 Lot. "Lot" means a parcel of record legally created by subdivision map, adjustment plat, certificate of
compliance, or a parcel legally in existence prior to incorporatic
of the lot into the jurisdiction of the city. Any parcel created
prior to May 1 1956 shall be presumed to be lawfully created if
the parcel resulted from a division of land in which fewer than
five parcels were created. A lot shall have frontage that allows
usable access on a dedicated public street OK a-public dedicated
easenent accepted by the city. This street or easement shall have a minimum width of thirty feet."
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
adopt ion.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council held on the -15th day of September ?
198 1 , and thereafter
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PASSED, AND ADOPTED at a regular meeting of said City
Council held on the 6th day of October , 1981, by
the follow vote, to wit:
AYES: Council Nembers Packard, Casler, Anear, Lewis and Kulchin
7LF, ._ - J P&& RONALD C.' PACGARD, Mayor
ATTEST: WRY H. GAZER, Vice &yor
(SEAL)
c
NOITICE OF PUBLIC HEARING
- ZCA-137
NOTICE IS HEREBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chamber, 1200 Elm Avenue, Carlsbad California, at 6:OO P.M., on Tuesday, September 15, 1981, to consider an application for approval of miscellaneous amendments to the zoning ordinance in order to allow Planning Commission to have final decision-making authority
in certain matters and to make the ordinance consistent with the State Sub-
division Map Act and other recent legislation.
APPLICANT: City of Carlsbad
PUBLISH : September 2, 1981 CARLSBAD CITY COUNCIL
" A 1
NOTICE OF PUBLIC HEAEUNG
NOTICE IS HEREBY GIVEN that the Plannirq Cutmi.,ssian of tl-e City of Carlsbad
will bld a public hea,&q at the City Cmal Ckmbers, I200 Elm Avenue,
Carlsbad, California, at 7:OO P.M. an Wednesday, August 26, 1981 to oonsider al?proval of misoellanems deanents to the zoning ordinance in
order to allm tb Planning Carmission to have final decisiortlndking
atlmrity in certain matters and to make the ordinance camistent with the
State Subdivision Map Act and other recent lagislation.
Those perscns wishirg to speak on this prcpxal are mrdially invited to
&tend the public baring. Planning Department art 438-5591. If ycu have any questions please dl th
CASE FILE: EA-137.
AppWbcANT: city of Carlsbad
PUBLISH: August 15, 1981