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.
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EXHIBITS:
1) Ordinance No . 'J G? <£
2) Memorandum to Mayor and City Council
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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.
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. IT &VINCENT F. BIONDO, JflTTORNEY • CITY OF CAI1200 ELM AVENUERLSBAD. CALIFORNIA 92< <
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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:
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"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
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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