HomeMy WebLinkAbout1984-06-05; City Council; 7781; Amending Title 20)F CARLSBAD - AGEND/ ;ILL
MTG. 6/5/84
DEPT..
TITLE: AMENDING TITLE 20 TO BE CONSISTENT
WITH NEW MERGER OF PARCELS PURSUANT
TO THE PROVISIONS OF THE SUBDIVISION
MAP ACT
DEPT. HP.:
CITY ATTY\£QS
CITY
O
1
j
O
oo
RECOMMENDED ACTION:
and introduceAdopt Resolution of Intention No. 7&-2 *
Ordinance No. ?7^3 / amending the provisions of Title 20,_
Chapter 20.04 of the Carlsbad Municipal Code to change the
merger provisions.
ITEM EXPLANATION
Effective January 1, 1984 the provisions of the Map Act
providing for merger of certain substandard parcels changed.
The City has had an ordinance providing for merger of parcels
under the Subdivision Map Act for many years. In order to
comply with the new law and a recent amendment to the new law
it is necessary for the Council to adopt an ordinance modifying
the provisions which now exist in the Carlsbad Subdivision
Ordinance. The new ordinance establishes the procedure which
must be followed before substandard parcels may be merged. It
also establishes the minimum criteria for merger. The new
ordinance is consistent with state law. The City Engineer will
have primary responsibility for implementing the new merger
law. The City Engineer concurs with the recommendation to
adopt Ordinance No. 9*7 °?3 This item was explained in
more detail in the paper entitled "Merger of Parcels Under the
Subdivision Map Act" which was distributed to all Council
members on April 27, 1984.
ENVIRONMENTAL REVIEW
Exempt
FISCAL IMPACT;
None. Fees may be collected to recover costs.
EXHIBITS
Resolution of Intention No. r~f (o3. 7
Ordinance No. 9*7
D
<
CD
§fe
>
o
1
2
5
4
5
6
7
8
9
10
11
12
13
SO>
sl I4
£ £
<§ 15
§5
go 16tM <
CD
i 17<
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION OF INTENTION NO. 7624
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA DECLARING ITS INTENTION TO
AMEND TITLE 20, CHAPTER 20.04 OF THE CARLSBAD
MUNICIPAL CODE TO AMEND THE PROVISIONS FOR MERGER
OF PARCELS PURSUANT TO THE PROVISIONS OF THE
SUBDIVISION MAP ACT.
WHEREAS, the City Council of the City of Carlsbad
desires to consider an amendment of Title 20, Chapter 20.04 of
the Carlsbad Municipal Code to bring the provisions concerning
merger of parcels to conformity with recent amendments to the
Subdivision Map Act; and
WHEREAS, Section 66451 of the Subdivision Map Act
requires that prior to amending a merger ordinance which was in
existence on January 1, 1984 in order to bring it into compliance
with Section 66451.11 the legislative body of the local agency
shall adopt a resolution of intention and the clerk of the
legislative body shall cause notice of the adoption of the
resolution to be published once in a newspaper of general
circulation in the community, which publication shall be
completed not less than 30 days prior to the adoption of the
amended ordinance; and
WHEREAS, the City Council on June 11, 1984
has introduced Ordinance No. 9723 amending Title 20, Chapter
20.04 of the Carlsbad Municipal Code, by the amendment of
Section 20.04.055 and the addition of Sections 20.04.056 and
20.04.057,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of
the City of Carlsbad, California as follows:
o
to _«/) g
< 1
" •" -^ § |t < tU 2 -J
"J g d2 IN «^n
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1. That the foregoing recitations are true and
correct.
2. That the City Council intends to adopt Ordinance No.
9723 , amending the provisions of Title 20, Chapter 20.04
of the Carlsbad Municipal Code in a manner which is consistent
with the provisions of the Subdivision Map Act.
3. That the City Clerk shall cause notice of the
adoption of this resolution to be published once in the Carlsbad
Journal which publication shall be completed not less than thirty
days prior to the adoption of Ordinance No. 9723
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the nth day of June , 1984
by the following vote; to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and
Prescott
NOES : None
ABSENT: None
* i^^u_, J <£^o^_
MARY H. CASLER, Mayor7
19
20
21
22
23
24
25
26
27
28
ATTEST:
: /) f\ D >J
! ALETHA L. RAUTENKRANzTcity Clfi)rk
t
^
a<COV)
Ku
1
2
3
4
5
6
7
8
9
10
11
12
13
15
s- < <i>
°" "- D I9° iiZ v HI 7X°£ >£mo 5 3- • is£ £ s o- 16Si-S
1° " 17> K IE •*• '
< <
^. O
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO.9723
AN ORDINANCE OF THE CITY COUNCIL OP THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTER
20.04 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTIONS 20.04.055 AND THE ADDITION
OF SECTIONS 20.04.056 AND 20.04.057 PROVIDING FOR
MERGER OF PARCELS IN A MANNER WHICH IS CONSISTENT
WITH THE PROVISIONS OF 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 amendment of Section 20.04.055
to read as follows:
20.04.055 Merger. (a) This title shall not apply to
the sale, lease or financing of one or more contiguous parcels or
units of land which have been created under the provisions of
city ordinances regulating the division of real property and the
Subdivision Map Act applicable at the time of their creation, or
which were not subject to such provisions at the time of their
creation, even though the contiguous parcels or units are held by
the same owner; except that if anyone of the contiguous parcels
or units held by the same owner does not conform to standards for
minimum parcel size to permit use or development under the zoning
ordinance of the city and the standards established by subsection
(c) then such those parcels or units shall be merged.
(b) Any parcels or units 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 those parcels or units
shall be deemed unmerged and separate parcels, except that any
parcels which merged under the provisions of this title after
January 1, 1979 shall remain merged if the provisions of
subsection (f) are met. Further, any parcels or units which do
not conform to the standards established by subsection (c) shall
be merged.
(c) Contiguous parcels or units of land held by the
same owner, on the date that notice of intention to determine
status is filed, shall be merged if one of the parcels or units
does not conform to the minimum parcel size to permit use or
development under Title 21 of this code and if all of the
following requirements are satisfied:
(1) At least one of the affected parcels is
undeveloped by any structure for which a building permit was
issued or for which a building permit was not required at thetime of construction, or is developed only with an accessory
COe/j
_: <C 8
Sj < °>
Ss|i
0
gisgS£ !3> K =
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
£§d 16
17
18
19
20
21
22
23
24
25
26
27
28
structure or accessory structures, or is developed with a single
structure, other than an accessory structure, that is also
partially sited on a contiguous parcel or unit.
(2) With respect to any affected parcel, one or
more of the following conditions exists:
(A) Comprises less than 5,000 square feet in
area at the time of the determination of merger.
(B) Was not created in compliance with
applicable laws and ordinances in effect at the time of its
creation.
(C) Does not meet current standards for
sewage disposal and domestic water supply.
(D) Does not meet slope stability standards.
(E) Has no legal access which is adequate
for vehicular and safety equipment access and maneuverability.
(F) Its development would create health or
safety hazards.
(G) Is consistent with the applicable
general plan and any applicable specific plan, other than
minimum lot size or density standards.
(3) Subsection (c)(2) shall not apply if any
of the conditions stated in Section 66451.11(b)(A)(B)(C)(D) or
(E) of the Subdivision Map Act exist.
(d) Whenever the city engineer has knowledge that real
property has merged pursuant to this section he shall mail by
certified mail to the current record owner of the property a
notice of intention to determine status. The notice of intention
shall state: that the affected parcels may be merged pursuan-t to
this section; that the owner may request, within 30 days from the
date the notice of int ntion was recorded, a hearing before the
city engineer to present evidence that the property does not meet
the standards for merger; and that the notice of intention was
recorded with the county recorder on the date the notice of
intention was mailed. Upon receipt of a request for a hearing
the city engineer shall set the hearing for a date not less than
30 days nor more than 60 days from the date of receipt of the
request. The property owner shall be notified of the hearing by
certified mail. After the hearing the city engineer shall
determine whether the affected property has merged pursuant to
this section. The decision shall be made and notification of the
decision shall be mailed to the property owner within five
working days of the date of the hearing. If the parcels have
merged the city engineer shall file a notice of merger with the
county recorder within 30 days from the date of the hearing
unless the decision has been appealed as provided in subsection
(e). The notice of merger shall specify the name or names of the
record owner or owners and shall particularly describe the real
property. If the parcels have not merged the city engineer shall
record a release of the notice of intention within 30 days from
the date of the decision, and shall mail a copy of the release to
the owner. If no hearing is requested the decision shall be made
not later than 90 days after the mailing of the notice of
the opportunity for a hearing.
2.
~,CO
1-u
1
2
3
4
5
6
7
8
9
10
11
12
13
«? S
o-^S 14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(e) If the owner requested a hearing, the decision of
the city engineer may be appealed to the City Council within 10
calendar days of the date of mailing the notice of decision by
filing a written appeal with the City Clerk. A fee established
by City Council resolution shall be paid at the time of filing
the appeal. Upon receipt of an appeal and payment of the fee the
City Clerk shall place the matter on the Council agenda not
less than 30 nor more than 60 days from the date of the appeal.
If after a hearing the Council grants the appeal the City Clerk
shall record within 30 days with the court recorder a release of
the notice of intention. If the appeal is denied the City Clerk
shall within 30 days record a notice of merger with the county
recorder. A copy of either the release or the notice of merger
shall be sent to the owners.
(f)(1) Prior to January 1, 1986 the city engineer shall
file with the county recorder a notice of merger for any parcel
merged under the provisions of any law prior to January 1, 1984.
At least 30 days before filing the notice of merger the city
engineer shall mail written notice to the property owner of the
intention to record the notice and specify a time, date, and
place which the owner may present evidence to the city engineer
why the notice should not be recorded.
(2) If, after the hearing, the City Engineer
determines that the parcels have merged, a notice of merger
shall be filed. The decision of the City Engineer may be
appealed according to the procedures established in subsection
(e).
SECTION 2: That Title 20, Chapter 20.04 of the Carlsbad
Municipal Code is amended by the addition of Section 20.04.056 to
read as follows:
20.04.056 Unmerger.
Any parcel or unit of land which merged pursuant to the
provisions of any law prior to January 1, 1984 but for which a
notice of merge was not recorded on or before that date are
deemed unmerged if on January 1, 1984 all of the criteria
established by Section 66451.30(a) of the Subdivision Map Act
are met and if none of the conditions of Seciton 66451.30(b)
exist. Upon request of an owner the city engineer shall file a
certificate of compliance whenever the engineer determines that
a parcel is unmerged pursuant to this section.
SECTION 3: That Title 20, Chapter 20.04 of the
Carlsbad Municipal Code is amended by the addition of Section
20.04.057 to read as follows:
20.04.057 Request for determination of merger.
(a) A property owner may request that the city
engineer determine whether property has merged under section
20.04.055 or are deemed unmerged under section 20.04.056. A
3.
Q
m
1
2
3
4
5
6
7
8
9
10
11
12
13
8" fe * I 14
iiff 15
^ LU O
jjj g 8 0 16
u oc ^ m
It sl 17
i ° 18
19
20
21
23
24
25
27
28
request for determination shall be made in writing and shall be
accompanied by a fee established by City Council resolution.
(b) Upon determination that property has merged the
city engineer shall issue to the owner and record with the
county recorder a notice of merger.
(c) Upon determination that property is deemed
unmerged the city engineer shall issue to the owner and record
with the county recorder a certificate of compliance showing
each parcel as a separate parcel.
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 llth day of June ,
1984, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 17th day of July , 1984, by
the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin and Prescott
NOES: None
ABSENT: Council Member Chick
MARY H. CASLER, Mayor
ATTEST:
OULtf^ <£.
ALETHA L. RAUTENKRANZ , City Cerk
7