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HomeMy WebLinkAbout1986-05-20; City Council; 8623; Revision to Carlsbad Municipal Code to Implement Amendments to the Subdivision Map ActCIT OF CARLSBAD - AGENDA SILL x ABtf <?£££ DEPT. PA TITLE: REVISIONS TO CARLSBAD MUNICIPAL CODE TO IMPLEMENT AMENDMENTS TO THE SUBDIVISION MAP ACT DEPT HD. CITY ATTYV^O CITY MGR-s-S^rr aUJgcc Q_ CL O\ O OO RECOMMENDED ACTION: By motion, approve negative declaration issued by Planning Director and introduce Ordinance No. fftit, making revisions to Title 20 of the Carlsbad Municipal Code regulating subdivisions. ITEM EXPLANATION Annually, the City updates its subdivision regulations to keep current with changes in state law. The attached ordinance will make the amendments needed as a result of laws enacted by the legislature in 1985. The amendments are explained in the memorandum attached to this agenda bill. FISCAL IMPACT None ENVIRONMENTAL REVIEW Negative declaration issud by Planning Director. EXHIBITS Ordinance No. r c, _ „ Memorandum from City Attorney dated April 16, 1986 April 16, 1986 TO: City Council FROM: City Attorney REVISIONS TO CARLSBAD MUNICIPAL CODE NECESSARY TO IMPLEMENT AMENDMENTS TO THE SUBDIVISION MAP ACT This memorandum will advise you of selected changes to the Subdivision Map Act as a result of the 1985 legislative session. The memorandum is organized by going through the Subdivision Map Act in a sequential fashion and dealing with each section which has been amended or added in order. Unless otherwise noted all of the amendments were effective January 1, 1986. All statutory references are to the Government Code, except where otherwise noted. Accompanying this memorandum is an ordinance which amends the Carlsbad Municipal Code to implement the changes to the Map Act. Section 66A12 (Ordinance Sections 14, 15 and 16) This section has been amended to limit the City's review of lot line adjustments to a determination of whether the parcels resulting from the adjustment will conform to local zoning and building ordinances. Further, the City may not impose conditions or exactions on a lot line adjustment except to conform to zoning and building codes or where necessary to facilitate the relocation of existing utilities, infrastructure or easements. A tentative, parcel, or final map cannot be required as a condition to approval of a lot line adjustment. A lot line adjustment shall be reflected in the deed or record of survey which shall be recorded. Currently the City processes lot line adjustments under Chapter 20.36 of the Carlsbad Municpal Code. A lot line adjustment is an administrative approval by the City Engineer. The City does not currently require a tentative parcel or final map as a condition of a lot line adjustment. Rather, in Carlsbad lot line adjustments are effectuated through the filing of a notice of compli ance. Before approving a lot line adjustment the City Engineer is required to make certain findings. In order to implement the changes made to Section 66412(d) we suggest amendments to Sections 20.36.020(5), 20.36.060 and 20^36.070 of the Carlsbad Municipal Code. The amendments require the City Enginer to find that a lot line adjusmtne complies with all applicable zoning and building laws. They also establish a procedure for recording lot line adj ustment s. -2- Section 66426.6 (Ordinance Section 2) The amendment to this section clarifies that a designated remainder parcel shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required. In addition, a provisions has been added which provides that a designated remainder parcel may be sold without any requirement for the filing of a parcel or final map but the City may require a certificate of compliance or conditional certificate of compliance. In a related matter, Sections 66434 and 66445 dealing with final and parcel maps have been amended and now provide that a lot or other property shown as "not a part" on a final or parcel map shall be treated the same as a "designated remainder parcel." In order to implement these changes Section 20.04.120 of the Carlsbad Municipal Code should be changed as stated in Section 2 of the ordinance. Section 66434 (Ordinance Section 10) This section makes various technical amendments to final map requirements. The technical changes do not require any amendments to our code. However, Section 20.20.060(7) of the Carlsbad Municipal Code should be amended by the amendment of the last sentence to read as follows: "If the map includes a designated remainder parcel or a parcel designated as "not a part", and the gross area of that parcel is five acres or more that parcel need not be shown on the map and its location need not be indicated as a matter of survey but may be indicated by deed reference to the existing boundaries of the remainder parcel." Section 66434.2 Under this new section, on or after January 1, 1987 the City may by ordinance require additional information to be filed or recorded simultaneously with a final or parcel map. The additional information, which may include but is not limited to building setback lines, flood hazard zones, seismic lines and setbacks, geological mappings and archeological sites, may be required in the form of a separate document or an additional map sheet which will indicate its relationship to the final or parcel map. The document must contain a statement that the additional information is for informational purposes describing conditions as of the date of the filing and is not intended to affect record title interests. The document may also contain a notation that the additional information is derived from public records or reports, does not imply the correctness or sufficiency of those records or reports by the preparer of the document. If such additional information is required by local ordinance then the final or parcel map shall contain a notation or reference to the additional information. J -3- Currently the City does not require that any such additional information be filed with a final or parcel map. Unless we are requested to do so by the City Council or the City Engineer we do not intend to prepare an ordinance which would require the submission of such additional information. The City Engineer has not indicated that nay additional information is necessary at this time. Sections 66431.11, 66431.15, 66451.19, 66431.30, 66431.301, 66451.302 (Ordinance Section Tj These sections, which are part of Chapter 796, make up what are now becoming annual amendments to the provisions for mergers under the Subdivision Map Act. A technical amendment has been made to correct an erroneous code reference in Section 66451.11(b)(B). No Carlsbad code amendment is required. Section 66451.15 amends the time requirements within which a city must hold a hearing on the determination of status under the merger law. The old law required the hearing to be held not less than 30 days after the city received a request for the hearing. The new law provides that the hearing must be held not more than 60 days from the request. Carlsbad Municipal Code Section 20.04.055(d) already provides that the hearing shall be held not less than 30 nor more than 60 days from the date of the request. Therefore, no amendment is required. However, we do suggest an amendment as specified in Section 1 of the ordinance to allow continuances of the hearing. The remaining amendments were drafted in response to complaints from rural counties that there were wholesale mergers of old substandard parcels in so called "resources" land. Resources land includes timberland, certain agricultural land, and existing and future commercial mineral resource extraction sites and land within the coastal zone. Under the existing law the City is required to record a notice of merger by January 1, 1986 for any parcel which was merged under the law prior to January 1, 1984. If that notice of merger was not recorded then the parcel is deemed not to have merged. Under a new exception which is contained in Section 66451.301 the City has until Januray 1, 1988 to record notices of merger on the so called resources land where the property merged by an ordinance which existed prior to January 1, 1984. Section 66451.301 also establishes conditions of continued merger. The conditions are that the parcels or units of land are contiguous, in the same ownership, substandard in size and undeveloped. If those conditions exist the substandard parcels remain merged. Section 66451.302 requires a special notice which must be given by January 1, 1987 to owners of resource land property. The language of the notice is specifically set forth in Section 66451.302. -4- The only provisions of this law which would apply to Carlsbad are those affecting the coastal zone. In order to determine the effect of this law in Carlsbad the City must first determine whether there are any parcels which merged under the Carlsbad ordinance as it existed prior to January 1, 1984 but for which a notice of merger was not recorded prior to January 1, 1986. If there are no such parcels then the City need do nothing to implement the new law. If parcels do exist which were merged under the law as it existed prior to January 1, 1984 but for which the City Engineer has not filed a notice of merger, then the City Engineer must determine whether the parcel has been identified or designated as being insufficient in size to support residential development. Such identification must have been made prior to July 1, 1981 in either the land use portion of the City's local coastal program, or, by a formal action of the Coastal Commission in either a coastal development permit decision or in an approved land use work program or an approved issue identification upon which the land use plan was prepared. In Carlsbad the relevant land use plans are the Mello I and Mello II LCPs. The Mello I LCP was adopted by the Coastal Commission on September 30, 1980. The Mello II LCP was adopted on June 3, 1981. Gary Wayne of the Planning Department is the City employee most familiar with the contents of the Mello I and Mello II LCPs. Mr. Wayne should be able to determine if there were any properties designated by either of those LCPs as insufficient in size to accommodate residential development. If such properties exist and if such properties should have been merged under the law in existence before January 1, 1984 but were not merged, then the City Engineer should follow the provisions of Sections 66451.301 and 66451.302 to accomplish the merger of those parcels. Section 66452.6 (Ordinance Sections 4, 5, 6, 7, 8 and 9) The amendments to this section are probably the most significant changes made to the Map Act this year. Under the old law a subdivider could file multiple final maps for a subdivision. Commonly referred to as phasing, this practice is authorized by Section 66456.1 of the map act and Section 20.20.020(c) of the Carlsbad Municipal Code. If multiple final maps were to be recorded for a project then the Carlsbad Muncipal Code reguired that the tentative map approval divide the subdivision into units and the City Council or Planning Commission to ensure that the design and improvement of each unit of the tentative map is consistent with the provisions of the City's subdivision ordinance. All of the final maps for a subdivision would have to be filed within the time period for expiration of the tentative maps or of any authorized extensions. Under the provisions of Carlsbad Municipal Code Section 20.12.100 a tentative map generally expired 24 months from the date of its approval. The Code allowed two one year extensions of the tentative map. Thus, under the Carlsbad ordinance the maximum period for the life of a tentative map was four years. - 5- An amendment to Section 66452.6(a) has changed all of that. Under the new law, if the subdivider is subject to a requirement of $100,000 or more to construct or improve or finance the construction or improvement of off-site public improvements, each filing of an authorized final map for a phase of that subdivision automatically extends the tentative map by 36 months from the date of its expiration as provided in Section 66452.6 or the date of the previously filed final map, whichever is later. It apparently does not matter if the improvement requirement attaches to the first phase or to a later phase of the project. The total period of all extensions shall not exceed ten years from the original tentative map approval. If the property is subject to a development agreement the time for the extension shall be limited by the terms of the development agreement. The new law provides that the number of "phased final maps" which may be filed shall be determined at the time of the approval or conditional approval of the tentative map. The types of public improvements which trigger the automatic extension are specifically designated to include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. The provisions do not apply to tentative parcel maps. This section does not contain any grandfather-type provision and, thus, would appear to apply to any phased subdivision for which a final map is filed on or after January 1, 1986. We think the horrible drafting of the amendment raises a number of interpretation problems. First, the section is triggered if the subdivider is "subject to a requirement of $100,000 or more" to install or finance the installation of off-site public improvements. It is not clear whether the subdivider is "subject to a requirement" only if the requirement is imposed as a condition of the tentative map or whether improvement requirements which are imposed by operation of some other law such as the City's zoning ordinance or an adopted master plan also would constitute a requirement to construct, improve, or finance the construction or improvement. Whether the amount of payment for a public facility fee which will ultimately be used to finance off-site improvements must be counted against the $100,000 limit is also unclear. The section does not state whether the cost of the requirement (the $100,000 question) is determined at the time of the tentative map or the time of the first final map. We believe the determination should be made at the time of the tentative is approved. It is also uncertain whether payment of assessments under an assessment district proceeding or taxes under a Mello-Roos Act proceeding will trigger application of the section. We believe that a subdivider is "subject to a requirement" only if the improvement requirements are expressly imposed on a subdivider pursuant to -6- the authority granted to cities under the Map Act. That is, it only applies to improvement requirements imposed solely as a condition of a tentative map. As mentioned previously, it does not appear to matter whether the improvement requirement attaches to the first phase or to a later phase. It appears, however, that the section applies to all off-site public improvements, even those needed solely to meet the needs of the subdivision or to mitigate environmental or other impacts created by the subdivision. Further, the amendment states that the filing of a final map extends the tentative map from the date of the tentative map expiration "as provided in this section, or the date of the previously filed final map, whichever is later." We think the date of expiration is that which is provided by local ordinance, i.e. 24 months in Carlsbad, irrespective of any automatic extension which may occur upon the filing of a final map. Any other construction of this language would render superfluous the clause relating to the date of the previously filed final map. Another problem created by the amendment to Section 66452.6(a) is that the extension provisions for phased final maps dramatically change the impact of the vesting tentative map laws. Under the Carlsbad ordinance the expiration period of a vesting tentative map cannot be extended except where necessary to accomplish a phasing program; and then the extension is only for one year. Under the new law a final map for a phased vesting tentative map would automatically extend the vesting rights for three additional years. Therefore you should carefully consider any recommendation to allow phasing of a vesting tentative map. We think that legislative clarification is necessary to address the problems with Section 62452.6(a). In the meantime we suggest that you carefully review any phasing request. Because the extension provision is automatic, and an expression of state policy, it is not possible to condition multiple final maps on a waiver of the extension provision. Because of all the problems, you may decide to limit phasing to subdivisions where no off-site improvements are needed, or to developments where the improvement is required because of some zoning approval such as a master plan. For projects without master plans the improvement requirement may, in some instances, be imposed as a condition of some other zoning approval such as a planned development permit or site development plan issued under Chapters 21.45 or 21.06 of the City's zoning ordinance. In these cases the subdivision condition should clearly state that the improvement requirement is imposed solely as a function of the City's zoning power in order to comply with the demands of the zoning approvals for the property. -7- In order to accommodate the change to Section 66452.6(a) and to clean up some minor technical inconsistencies between our ordinance and the Map Act, we believe that the Carlsbad Municipal Code should be amended as stated in Sections 4, 5, 6, 7, 8 and 9 of the ordinance. The most important changes include: 1. There will be separate procedures for extending phased and nonphased maps. 2. The extensions of nonphased maps (or phased maps with no $100,000 offsite improvement requirement) will be for one year unless it is found that a longer extension is necessary given the scope of the project, the expenditures by the subdivider and the effect of the extension on the development of the community. 3. An extension cannot be granted unless it is found that the subdivision is consistent with the general plan, zoning and subdivision ordinances, and any public facilities or development management policies or ordinances in effect when the extension is considered. It must also be found that the subdivider is diligently pursuing the subdivision. 4. The total number of extensions cannot exceed three years. Thus, the total possible life for nonphased subdivisions or phased subdivisions without a $100,000 offsite improvement requirement will be five years. 5. For phased maps with an offsite improvement requirement of $100,000 or more, extensions will be allowed only by operation of the automatic extension provision. 6. The cost of the offsite improvements shall be determined at the time of the tentative map approval. 7. As a condition of approval of a phased map with a $100,000 offsite improvement requirement the Council may, upon the filing of any phased final map, eliminate or modify the phasing scheme. 8. Special requirements are established for phased vesting t ent at ive maps. Because of the new automatic extension provisions, we should eliminate the current provisions authorizing extensions of vesting tentative maps only where necessary to accomplish an approved phasing plan for subdivisions of 100 or more units. Instead, phased vesting tentative maps would be extended only by operation of the offsite improvement extension law. -8- Section 66452.6 has also been amended by the amendment of subsection (f) to provide that a development moratorium is deemed to exist for any period of time during which a condition imposed by the City cannot be satisfied because the condition is one which by its nature necessitates action by the City and the City either did not take the necessary action or by its action or inaction prevented or delayed in taking the necessary action prior to the expiration of the tentative map. To address this modification the first paragraph of Section 20.12.100(b) of the Carlsbad Municipal Code has been amended. Section 66464 and Section 66493 An amendment to Section 66464 provides that a final map not subject to Section 66493 (lien for taxes or special assessments which are not yet payable) shall be transmitted by the City Clerk directly to the county recorder rather than to the clerk of the board of supervisors unless otherwise provided by the county. If a final or parcel map is subject to Section 66493 then the City Clerk files it with the clerk of the board of supervisors and the clerk of the board of supervisors makes certain certifications and transmits the map to the county recorder. The amendments to Section 66493 make no substantive changes but the reguirement for the filing of the estimate of taxes which are liened but not yet payable are moved from Section 66492 into Section 66943. This is done so that references in Section 66464 are consistent. We have not checked to determine whether the County of San Diego has adopted a local ordinance which reguires the filing of all maps with the clerk of the board of supervisors. In any event, we believe that an amendment to Section 20.20.170, suggested in Section 11 of the ordinance, will take care of the problem. In addition, Section 20.32.080 of the Carlsbad Municipal Code should be amended by the amendment of the last sentence of the section. See Section 13 of the ordinance. Section 66473.3 This section authorizes the City by ordinance to reguire as a condition of approval of a subdivision that design of the subdivision provide cable television operators who are licensed to serve an area within which the subdivision is located an opportunity to construct, install and maintain land within public utility easements any eguipment necessary to extend cable television services to each residential parcel in the subdivision. This bill did not apply to the conversion of existing dwelling units and to condominiums or other forms of common interest developments. Since Section 20.16.040(d) of the Carlsbad Municipal Code already reguires the installation of cable television lines or conduits we do not think any additional amendment to the Carlsbad Municipal Code is reguired. -9- Section 66473.6 Under existing law and pursuant to the provisions of the Carlsbad Municipal Code developers are required to build and dedicate a variety of public improvements. Section 66473.6 provides that whenever the City imposes as a condition of approval a requirement which necessitates replacing undergrounding or permanently or temporarily relocated existing telephone or cable television facilities then the developer or subdivider shall reimburse the phone company or the cable television operator for all costs for the replacement, undergrounding or relocation. The section provides how those costs will be billed and what those costs can and cannot include. We do not believe any change is required to our ordinance as a result of this section. Section 66474.01 Current law provides that a tentative map may not be approved if the City finds that the design or improvements of the subdivision are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. Section 66474.01 allows a city to approve a tentative map or parcel map despite environmental damage if an environmental impact report was prepared and if findings of overriding consideration make infeasible the mitigation measures or project alternatives identified in the environmental impact report. In order to implement the provisions of this section, we suggest that Sections 20.12.091(b)(5 ) and 20.24.130(6)(e), be amended as stated in Sections 3 and 12 of the ordinance. Section 66474.4 This section amends the provisions of the Map Act relating to subdivision of Williamson Act land. We've already included a provision in the Carlsbad Municipal Code which implements the law. Whenever there is a subdivision of Williamson Act land within the City, the provisions of Section 66474.4 apply. Section 66474.8 This section provides that the Uniform Building Code provisions regarding grading do not apply to subdivision work unless the local agency has no other applicable grading ordinance. Carlsbad has a grading ordinance. Further, we have not adopted Chapter 70 of the Uniform Building Code appendix which establishes the grading requirements. Therefore, this section is not relevant to the way we do business in the City of Carlsbad. Section 66474 This section amends the provision of the "Quimby Act" park dedication requirements. It applies the park in lieu fee credit for private open space to all types of common interest developments. To implement this section, technical amendments to Section 20.44.130(d) of the Carlsbad Municipal Code should be made as stated in Section 17 of the ordinance. -10- Section 66497 Amendments to this section make mandatory the payment of the engineer or surveyor who has not been paid for the setting of final monuments if the appropriate notice is given to the City. We do not believe any changes to our ordinance are required as a result of the amendments to this section. However, the amendments do appear to create a mandatory duty on behalf of the City to pay the engineer or surveyor for the setting of final monuments from a cash deposit. You should review the provisions of Section 66497 and establish a procedure for the payment of the monument at ion engineer or surveyor whenever an appropriate request or demand for payment is made either by the depositor, the engineer or surveyor. Section 66498.7 Currently vesting tentative maps are applicable only to residential developments. After December 31, 1987 vesting tentative maps shall be available to any type of development. After that date an ordinance dealing with vesting tentative maps may differentiate between residential and nonresident ial developments in prescribing the initial time period after which the rights conferred by vesting tentative maps shall expire provided however that the period shall not be less for residential developments then for nonresident ial developments. Prior to December 31, 1987 we will make the appropriate amendments to the Carlsbad Municipal Code to implement this section. This concludes our summary of Map Act changes. The City Engineer, Community Development Director and Planning Director have reviewed the proposed ordinance. vi BIONQO, JR. •ney Assistant City Attorney rmh 1 2 3 4 5 6 7 8 9 10 11 §66426.6 12a 13 566451.15 03U3 o 2 = I 14 — £ < t 1 ^m 75 3 J.v> £>ldS g | S I 16 ^1 I 17>- o g 18 19 20 21 22 23 24 25 26 27 28 §66474.01 ORDINANCE NO. 9806 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS CHAPTERS AND SECTIONS TO IMPLEMENT CHANGES MADE TO THE SUBDIVISION MAP ACT DURING THE 1985 LEGISLATIVE SESSION. The City Council of the City of Carlsbad does ordain as follows: SECTION 1: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the addition of the following sentence to Section 20.04-.055 (d) to read as follows: "A hearing on the determination of status may be postponed or continued upon the mutual consent of the City Engineer and the property owner." SECTION 2: That Title 20, Chapter 20.04 of the Carlsbad Municipal Code is amended by the addition of the following language to Section 20.04.120 to read as follows: "A designated remainder parcel shall not be counted as a parcel for the purpose of determining whether a parcel map or final map is required. After the filing of a parcel map or final map whch establishes a designated remainder parcel the designated remainder parcel may be sold without any further requirement for filing of a parcel map or final map if a certificate of compliance is first processed pursuant to the provisions of Chapter 20.48 of this Code. Prior to the issuance of a certificate of compliance or conditinal certificate of compliance for the sale of a designated remainder parcel the City Engineer shall make a determination under Section 20.16.040(h) of this Code whether improvements should be required for the designated remainder parcel. The improvement requirements may be imposed as a condition of the certificate of compliance. A note shall be placed on the certificate of compliance that a building permit will not issue for a designated remainder parcel until it is further subdivided in accordance with the provisions of this title. For the purposes of this title a parcel designated as "not a part" shall be deemed to be a designated remainder parcel." SECTION 3: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the addition of the following language to Section 20.12.091(b)(5) to read as follows: §66452.6 §66452.6 0 GOCO - O m <ma ZLLJ > O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 5 I 16 i 17 18 §66452.6 19 20 21 22 23 24 25 26 27 28 "(b)(5) Unless an environmental Impact report was prepared In respect to the project and a finding was made pursuant to Section 21081.(c) of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report." . SECTION 4: 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: "(a) The approval or conditional approval of a tentative map shall expire 24- months from the date the map was approved or conditionally approved unless it is extended pursuant to Section 20.12.110 of this Chapter." SECTION 5: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.100(b) to read as follows: "(b) The time period specified in subsection (a) shall not include any period of time during which a development moratorium as defined in Section 66452.6 of the Government Code, Imposed after approval of the tentative map, is in existence; provided, however,that the length of such moratorium does not exceed five years." SECTION 6: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.100(d) to read as follows: "(d) Prior to the expiration of the tentative map, a final map conforming to the approved or conditinoally approved tentative map may be filed with the City Council for approval after all required certificates on the final map have been signed and where necessary acknowledged and after the City Engineer has certified that the final map conforms with the requirements of this title, the Subdivision Map Act, and the tentative map and after the City Attorney has approved the final map as to form. The final map shall be deemed filed with the City Council on the date which it Is received by the City Clerk. Once a timely and complete filing of a final map for approval by the City Council has been made pursuant to this Code subsequent actions of the City Including but not limited to processing, approving and recording may occur after the date for expiration of the tentative map." -2- §66452.6 CD03 ~l O uj <o Q. D 5|ogi Q > > z S o om Z o ^(j GC w mse 3> F- oc 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 7: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amended by the amendment of Section 20.12.110 to read as follows: " 20.12.110 Extension of tentative maps. (a"5A tentative map for which the filing of multiple or "phased" final maps Is not authorized may be extended as follows: (1) The subdivider may request an extension of the approved or conditionally approved tentative map by written application to the City Engineer. The application shall be filed at least 20 days and not more than 90 days before the date of expiration as established by Section 20.12.110. The application shall state the reasons for the requested extension. (2) At any time within 90 days after the expiration of the approved or conditionally approved tentative map the City Council, or Planning Commission for tentative maps which is authorized by this title to approve or conditionally approve, may approve, conditionally approve or deny the requested extension. An extension shall be for a period of not more than one year unless the City Council or Planning Commission finds that an extension for a longer period is warranted giving consideration to the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect of the extension of the development on the community. An extension shall not be granted or conditionally granted unless the City Council or Planning Commission finds that the design and improvements of the subdivision are consistent with the general plan, Titles 20 and 21 of this Code and any public facility or development management policies in existence at the time the extension is approved. When granting or conditionally granting an extension, the Planning Commission or City Council shall also find that the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision. The total period of all extensions shall not exceed three years. In granting an extension the City Council or Planning Commission may impose new conditions and may revise existing conditions. The Planning Commission decision regarding an extension may be appealed by any interested party to the City Council. The appeal shall be filed in writing with the City Clerk within 15 days of the Planning Commission's decision. Denial of an extension shall be at the sole discretion of the Planning Commission and City Council. (3) Prior to granting an extension the City Council may refer the request to the Planning Commission for a recommendation and report. The Planning Commission shall make its recommendation and report within 45 days of the Council's referral. (b) A tentative map for which the filing of multiple or "phased" final maps has been authorized may be extended as follows: (1) If the subdivider is not subject to a requirement to construct or improve, or finance the construction -3- /" o> 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 §66452.6 19 20 21 22 23 24 25 26 27 28 mco cc t ".Sm<O u. 3Q o Z-y ^ iu ccO 5 i- < y= "55<i_ >- ui Z £ o 0m ^ O rfS cc « Ssg 2>i 5>- o 5 §66452.6 or improvement of public improvements outside the boundaries of the tentative map the cost of which is $100,000 or more as determined at the time of the tentative map approval, then the subdivider may request an extension pursuant to the provisions of subsection (a) of this section. (2) When the subdivider is subject to a requirement to construct or improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map the cost of which is $100,000 or more as determined at the time the tentative map is approved then each filing of a final map authorized by Section 20.20.020(c) of this Code shall extend the expiration of the approved or conditionally approved tentative map by 36 months from the date it would otherwise have expired as provided in this section or the date of the previously filed final map whichever is later. The total combined time for extensions under this subsection and subsection (b)(1) shall not exceed ten years from the date of the approval or conditional approval of the tentative map. However, a tentative map for property subject to a development agreement authorized by the state Government Code and this Code may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. "Public improvements" include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (c) Extensions of vesting tentative maps shall be governed solely by the provisions of Chapter 20.17 of this Title, and by the provisions of subsection (b)(2) of this section." SECTION 8: That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended by the amendment of Section 20.17.020(f) to read as follows: "(f) The time for filing a final map for a vesting tentative map shall be extended only by operation of Section 20.12.110(b) of this Code." SECTION 9: That Title 20, Chapter 20.20 of the Carlsbad Municipal Code is amended by the amendment of Section 20.20.020(c) to read as follows: "(c) Multiple or "phased" 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 a subdivision into units and the final map or "phased" final map substantially conforms to one or more of such units and complies with all conditions applicable to such units. The number of final maps or "phased" final maps which may be filed shall be determined by the City Council or Planning Commission at the time of the approval, or conditionaly approval of the tentative map. When dividing a subdivision into units, §66434 Q CQ _ K K § - O LLJ ^ O u_ 3 5 I- > "J . uj z 8 <O DC « CO 2 O " CO o o §66464 §66493 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 §66474.01 26 27 28 the City Council or Planning Commission shall ensure that the design and improvement of each unit are consistent with the provisions of this title. If the subdivider is subject to a requirement to construct or improve or finance the construction and improvement of public improvements outside the boundary of the subdivision the cost of that requirement shall be established at the time the tentative map is apporoved. If the cost of the off-site public improvements requirement is $100,000 or more it shall be a condition of the tentative map that additional conditions may be placed on the extension of the tentative map which occurs by operation of Section 20.12.110(b) of this code; and further it shall be a condition that upon the filing of any multiple final map or phased final map the Council may modify or eliminate the phasing scheme. Multiple or phased final maps shall be authorized for vesting tentative maps for which off-site improvements are required only if the City Council finds that multiple final maps are necessary to accomplish the subdivision, that all off-site Improvements are required as a condition of the zoning for the property or zoning approval for the project, that phasing of the project is consistent with the City's general plan and any development management or public facilities ordinances, policies or regulations, and that the subdivision consists of 100 or more units." SECTION 10: That Title 20, Chapter 20.20 of the Carlsbad Municipal Code is amended by the amendment of the last sentence of Section 20.20.060(7) to read as follows: "If the map Includes a designated remainder parcel or a parcel designated as "not a part", and the gross area of that parcel is five acres or more that parcel need not be shown on the map and its location need not be indicated as a matter of survey but may be indicated by deed reference to the existing boundaries of the remainder parcel." SECTION 11: That Title 20, Chapter 20.20 of the Carlsbad Municipal Code is amended by the amendment of Section 20.20.170 to read as follows: "20.20.170 Transmittal of final map. After the City Engineer certifies that all applicable requirements of the Subdivision Map Act and this Code have been satisfied and after approval of a final map by the City Council the City Clerk shall transmit the map to the appropriate county agency pursuant to Government Code Section 664-64- for filing with the county recorder." SECTION 12: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is amended by the amendment of Section 20.24-. 130(6) (e) to add the following language: §66464 §66493 §66412 a 00 coCO g :. BIONDO, JR.CITY OF CARlM AVENUEALIFORNIA 92Ct > m °z ^ g a" O CC £j CO 5 < <>- o 0 §66412 §66412 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 "Unless an environmental Impact report was prepared In respect to the project and a finding was made pursuant to Section 21081.(c) of the Public Resources Code that specific economic, social or other considerations make infeasible the mitigationmeasures or project alternatives identified in the environmental impact report." SECTION 13: That Title 20, Chapter 20.32 of the Carlsbad Municipal Code is amended by the amendment of the last sentence of Section 20.32.080 to read as follows: "The City Clerk shall transmit such maps directly to the county recorder unless otherwise required by Section 664-64- of the Government Code." SECTION U: That Title 20, Chapter 20.36 of the Carlsbad Municipal Code is amended by the amendment of Section 20.36.020(5) to read as follows: "(5) Violate the provisions of Titles 18, 21, or 22 of this Code." SECTION 15: That Title 20, Chapter 20.36 of the Carlsbad Municipal Code is amended by the amendment of Section 20.36.060 to read as follows: "20.36.060 Conditons of approval. The City Engineer may impose conditions or exactions on the approval of an adjustment plat to the extent that the conditions or exactions are necessary to ensure compliance with the applicable provisions of the City's building and zoning laws (Titles 18, 21 and 22 of this code), or to facilitate the relocation of existing utilities, infrastructure or easements. The conditions Imposed by the City Engineer shall be satisfied prior to the recordatlon of the adjustment plat or such other document authorized by law to effectuate the lot line adjustment." SECTION 16: That Title 20, Chapter 20.36 of the Carlsbad Municipal Code is amended by the amendment of Section 20.36.070 by redesignating the existing section as subsection (a) and adding subsection (b) to read as follows: "(b) In addition to the procedures established by subsection (a) of this section a lot line adjustment may be effectuated by the recordation of the deed or record of survey -6- -"7 §66474 COtn 3 0 It 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 provided, however, that such deed or record of survey shall not be recorded unless It contains a certification by the City Engineer that all the requirements of this chapter and any condition imposed pursuant to this chapter have been satisfied and further provided that a copy of the adjustment plat shall be attached to the deed or record.of survey." SECTION 17: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the amendment of Section 20.44.130(b) to read as follows: "(b) Whenever a subdivider of a planned development, real estate development, stock cooperative, community development project or condominium as defined in Section 11003, 11003.1, 11003.2, 11003.4, and 11004 of the Business and Professions Code and Section 783 of the Civil Code respectively, has provided active recreational areas within the boundaries of the subdivision in excess of that required by Chapter 21.45 of this Code, the subdivider may at the time the final or parcel map is submitted for approval request that the Council give a credit of up to ten percent of the amount of fees to be paid or land to be dedicated pursuant to this chapter for the value of the active recreation area." 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 3ournal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 13th day of May f 1986 and thereafter -7- /J PASSED AND ADOPTED at a regular meeting of said City 0 00 CO 0 *§*<8 «• i *z ° 5 K U- ' -J Oi_ >- Ui Z ^ 0 QUJ 2. O < Q OC N £Qz 0 ^ co > H OC > ° 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 Council held on the 20th day of May , 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY x / LD /^ v / 1//C^fe^^-T \A) j \ VINCENT F. BIONDO, m, City Attorney fi\^^r u . ^LL^J^^ MARY H.yCASLER, Mayor ATTEST: /} .1 J (3 ALETHA L. RAUTENKRANZ, City Clerk -8-