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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