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HomeMy WebLinkAbout1982-06-01; City Council; 7037; Subdivision Ordinance RevisionCITY OF CARLSBAD - AGENDA JILL AR« 7037 MTG. 6/1/82 DEPT. Cf\ TITLE: SUBDIVISION ORDINANCE REVISION DPPT HD CITY ATTY\/^H CITY MGR._ca&_^ RECOMMENDED ACTION: Introduce Ordinance No. ITEM EXPLANATION; This is the annual revision to the Subdivision Ordinance undertaken in response to amendments to the Subdivision Map Act. For a further explanation of the ordinance, see the memorandum from the City Attorney which is at- tached. ENVIRONMENTAL REVIEW: This project is categorically exempt under Section 19.04.070(12) of the Carlsbad Municipal Code and Title 14, Section 15105 of the California Administrative Code, FISCAL IMPACT; None to City. May indirectly decrease costs to develop- ers by shortening appeal times and lengthening time for tentative map application. I ODCQ.Q- EXHIBITS: 1) Ordinance No . 'J G? <£ 2) Memorandum to Mayor and City Council OE5< ^u OO * • o § § _: K tMCC < a>0 <Ou. ^ 5 9° igofc >ggj H < u. O ^ — 1 v iu O 0 | 2 m IE i t " O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 '24 25 26" 27 28 ORDINANCE NO.9626 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20 OF TE3 CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VA- RIOUS CHAPTERS AND SECTIONS TO REVISE THE SUB- DIVISION REVIEW PROCESS TO CONFORM TO AMENDMENTS TO THE SUBDIVISION MAP ACT. The City Council of the City of Carlsbad, California, does ordain as follows: SECTION 1: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the deletion of Section 20.04.020(19)(A) through (F) and the words "'Subdivision' does not include:" immediately preceding subsection (A). SECTION 2: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the addition of Section 20.04.040(b)(7) to read as follows: (7) Any separate assessment under Revenue anfl Taxation Code Section 2188.7. SECTION 3: That Title 20, Chapter 20.12 of tine Carlsbad Municipal Code is amended by the amendment of Section 20.12.090(a) to replace the word "thirty" with the words "within the time limit specified in the Subdivision Map Act" wherever it appears therein. SECTION 4: That Title 20, Chapter 20.12 of tfoe Carlsbad Municipal Code is amended by the addition of Section 20.12.092(c) to read as follows: (c) The failure by any person to receive the notice specified herein shall not invalidate any action taken pursuant to this Title. • - 0 • § 1 . IT &VINCENT F. BIONDO, JflTTORNEY • CITY OF CAI1200 ELM AVENUERLSBAD. CALIFORNIA 92< < O - " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 5: .That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.093(a) to replace the word "fifteen" with the word "ten" wherever it appears in that subsection. SECTION 6: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.100(a) to read as follows: 20.12.100 Expiration of tentative maps. (a) The approval or conditional approval of a tentative map shall expire twenty-four 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 twenty-four month period or 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 appro- val in accordance with the tentative map as approved or conditionally approved and in accordance with the Subdivision Map Act and this title. This subsection applies to maps approved or conditionally approved • ' after January 1, 1982. Maps approved prior to January 1, 1982 shall expire 18 months from the date of approval or conditional approval unless extended pursuant to this section. SECTION 7: That.Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.110 to add the following sentence -to subsection (b) thereof: "If the Planning Commission denies the subdivider!s request for extension, the subdivider may appeal such denial to the City Council within fifteen days of the Planning Commission's decision." SECTION 8-: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by'the amendment of Section 20.24.115 to add the following sentence: CDCO NURNIgfe i£|£oco 7-,"••-56 z"> SoHI Z IN rf*rs> I- a: o 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 "The failure by any person to receive the notice spe- cified herein1 shall not .invalidate any actiozi taken pursuant to this title." SECTION 9: That Title 20, Chapter 20.48 of the Carlsbad Municipal Code is amended by the addition of Section 20.48.090 to read as follows: 20.48.090 Presumption of lawful creation. (3} For purposes of this title, any parcel created prior to March 4, 1972, shall be conclusively presumed to been lawfully created if the parcel resulted from a division of land in which fewer than five parcels were created and if at the time of the creation of the par- cel there was no local ordinance in effect wtich reg-- iated divisions of land creating fewer than five parrel (b) For purposes of this title, any parcel created prior to March 4, 1972, shall be conclusively presumed to have been lawfully created if any subsequent pair- chaser acquired that parcel for valuable consideration without actual or constructive knowledge of s. violation of this division or the local ordinance. Owners of parcels or units of land affected by the provisions cf this subdivision shall be required.to obtain a certifi- cate of compliance or a conditional certificate of csa- pliance pursuant to this chapter prior to obtaining s. permit or other grant of approval for development of the parcel or unit of land. For purposes of determin- ing whether the parcel or unit of land complies with. the provisions of this title or the Subdivision Map Act, as required pursuant to Section 20.48.040, the presumption declared in this subdivision shall not be operative. 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 pidblished 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 1st day of Jtime , 1982, and thereafter 1 2 3 .4 5 6 7 8 9 10 11 o 12 J i 13 PlI 14 - £ < ° 1 RCD r; —. •*•«•' -So I I o 16rli? i ° 18 - 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of said City Council held on the 15th day of June , 1982, by the following vote, to wit: .AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin 'NOES: None AFSENT: None RONALD C. PACKARD, Mayor ATTEST: / ALETHA L. RAUTENKRANZ, City Cler) (SEAL) MEMORANDUM TO: Mayor and City Council FROM: City Attorney DATE: May 18, 1982 RE: Revision of Subdivision Ordinance Attached to this memorandum is a proposed ordinance to amend the Carlsbad Subdivision Ordinance because of recent changes to the Subdivision Map Act. The amendments to our ordinance are those which are mandatory under state law. The reason why this is being brought to you at mid-year rather than earlier as in our usual practice is that the state legislature passed an urgency amendment to the Subdi- vision Map Act which went into effect in March of this year. This ordinance incorporates changes to the Subdivision Map Act which be- came effective on January 1, 1982 and those which became effective in March 1982. The City Engineer has reviewed the ordinance and recommends its adoption. This ordinance does not include any of the local option provisions included in the amendments to the state law. These matters will be brought to Council as the need arises so that full consideration can be given to the local option. What follows is a section by section analysis of the new ordi- nance. Sections 1 and 2 of the ordinance are basically clean-up mea- sures to our own ordinance. Presently, Section 20.04.020(19) dupli- cates Section 20.04.040(b). These sections eliminate the duplication. It does not change the substance of the ordinance. Section 3 of the ordinance amends the language establishing the time within which the City Council must approve a tentative map after it has been heard by the Planning Commission. The present change to the ordinance is proposed because the state has changed the time li- mit for approval several times over the last years and it is easier to incorporate the provisions of the Subdivision Map Act than it is to change the number of days for the review period each time the legislature amends Section 66452.1 or 66452.2 of the Government Code. Similar language regarding the time limits for Planning Commission action has already been included in the City's Subdivision Ordinance. The most recent amendment to the Subdivision Map Act gives the Plan- ning Commission 50 days to review a tentative map, but leaves the City Council review period at 30 days. The state law has added a provision regarding extension of the time period when an environ- mental impact report needs to be prepared. The amendment proposed by Section 3 of the ordinance automatically incorporates those pro- visions. Section 4 of the ordinance is added in response to Section 66451.5 of the Government Code. This section provides that the fail- ure of any person to receive the statutory notices does not invalidate the action. This section does not relieve the City of the obligation to send the notices as required by law. Section 5 of the proposed ordinance establishes the time limit for appeal to the City Council of a Planning Commission action of a subdivision map. Section 6 of the proposed ordinance is necessary because of changes to Section 66452.6 of the Government Code. The proposed or- dinance will extend the time period for the initial approval of a tentative map from 18 to 24 months. It also provides that the 24 month expiration period will apply to all subdivisions approved or conditionally approved after January 1, 1982. That was the date that the Government Code section on tentative map expirations went into effect. Our office has determined that the provisions of Sec- tion 66452.6 regarding tentative map expiration is not retroactive and cannot include maps approved prior to January 1, 1982. The pro- visions for extention of a tentative map have not been effected except as provided in Section 7 of the proposed ordinance which pro- vides an applicant with a 15-day appeal period of the Planning Com- mision denies a request for extension. Section 8 of the proposed ordinance has the same affect as Sec- tion 4 but applies to parcel maps. Section 9 of the proposed ordinance is a response to the addi- tion of Section 66412.6 to the Government Code. This section creates a presumption that for the purposes of the Subdivision Map Act, any parcel created prior to March 4, 1972 was lawfully created if the subsequent purchaser acquire the parcel for valuable consideration for that actual or constructive knowledge of the map act or local ordinance violation. This provision was added to the Subdivision Map Act to deal with a problem which has occurred in Los Angeles County, however, there may be some parcels within the City of Carls- bad to which it applies and because the statute was written in gen- eral terms it must be included in the Carlsbad ordinance. As we mentioned previously in this ordinance, there were certain provisions of the state amendments to the Subdivision Map Act that allow local options. These will be brought forward to the City Coun- cil when necessary. Through previous memorandums and oral discussions we have advised the City Engineer and the City Manager of these local options. Vejry"trTiiy yours, -'"" J/ VINCENT y. BIONDO, JR. S. HENTSCHKE Assistant City Attorney