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
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TITLE: REVISIONS TO CARLSBAD MUNICIPAL
CODE TO IMPLEMENT AMENDMENTS TO
THE SUBDIVISION MAP ACT
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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§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
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"(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."
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§66452.6
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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
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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,
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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:
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"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
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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
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PASSED AND ADOPTED at a regular meeting of said City
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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
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VINCENT F. BIONDO, m, City Attorney
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MARY H.yCASLER, Mayor
ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk
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