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HomeMy WebLinkAbout1987-04-14; City Council; 8958; Amendments To Subdivision Ordinance-. - G,? ,". /I CIT. JF CARLSBAD - AGENDA ALL j m LE# 89j-f- DEPT. HD. - TITLE: AMENDMENTS TO THE dTG.U4/81_ )EPT. CA CITY MGR. SUBDIVISION ORDINANCE CITY Am%!% RECOMMENDED ACTION: That the City Council introduce Ordinance No. 9830 . ITEM EXPLANATION Every year at this time it is our practice to review the City's Map Act by the state legislature. This year our review was also made subdivision ordinance in light of the changes made to the Subdivision on behalf of the San Diego County City Attorneys Association and our my office. Only one substantive change to our code is necessary and paper was presented to them on March 6, 1987. A copy is available in City Council discretion to require dedication of land for condominium that is an amendment to the park-in-lieu fee chapter to allow the office recommend that Council introduce Ordinance No. 987 projects in excess of 50 dwelling units. The City Engineer and our 0 conforming our ordinance with the 1986 legislature's changes to the recommendation that the Council delegate authority to establish Subdivision Map Act. The ordinance also includes the City Engineer's technical standards for construction of subdivision improvements to the engineer. FISCAL IMPACT None EXHIBIT Ordinance No. 9 8.3 0 1s 2c 21 22 22 24 25 26 27 28 ORDINANCE NO. 9830 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTERS 20.04, 20.24 AND 20.44 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF SECTIONS 20.04.020(7), SECTION 20.24.170 TO CONFORM WITH THE LEGISLATURE'S 20.24.160 AND 20.44.050(b) AND BY THE DELETION OF CHANGES TO THE SUBDIVISION MAP ACT. The City Council of the City of Carlsbad, California ioes ordain as follows: SECTION 1: That Title 20, Chapter 20.04, Section 20.04.020 of the Carlsbad Municipal Code is amended by the amend- nent of Subsection (7) to read as follows: Eications, including standard drawings, as may be adopted from time to time by the City Engineer. These standards are to be 3n file in the office of the City Clerk and in the Engineering lepartment. " "(7)"City Standards" means those standards and speci- SECTION 2: That Title 20, Chapter 20.24 of the 3arlsbad Municipal Code is amended by the deletion of Section 20.24.170 and by the amendment of Section 20.24.160 to read as Eollows : "20.24.160 Expiration of tentative parcel map. (a) The approval or conditional approval of a tentative >arcel map shall expire twenty-four months from the date the map gas approved or conditionally approved unless it is extended in Iccord with Section 20.24.180. ;hall not include any period of time during which a development noratorium imposed after approval of the tentative parcel map is in existence provided, however, that the length of such noratorium does not exceed five years. Once such a moratorium is :erminated, the map shall be valid for the same period of time as ?as left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than one hundred rwenty days, the map shall be valid for one hundred twenty days iollowing the termination of the moratorium. .ncluding any extension thereof granted pursuant to Section !0.24.180 shall not include any period of time during which a .awsuit involving the approval or conditional approval of the :entative parcel map is or was pending in a court of competent iurisdiction, if a stay of such time period is approved by the :ity Engineer pursuant to this subsection. An application for a (b) The period of time specified in subsection (a) (c) The period of time specified in subsection (a) *. stay must be filed by the subdivider in writing with the City Engineer within ten days of service of the initial petition or complaint in the lawsuit upon the City. The application shall and addresses of all parties to the litigation. The City state the reasons for the requested stay and include the names Engineer shall notify a11 parties to the litigation of the date when the application will be decided by the City Engineer. Within forty days after receiving the application, the City Engineer shall approve or conditionally approve the stay for up to five years or deny the requested stay. conditional approval of the tentative parcel map, or within the period of any extension thereof, the subdivider may file with the City Engineer a parcel map in substantial conformance with the tentative parcel map as approved or conditionally approved and in conformance with the Subdivision Map Act and this title. approved tentative parcel map shall terminate all proceedings and no parcel map for all or any portion of the real property included in the tentative parcel map shall be filed without first processing a new tentative map or tentative parcel map. Once a timely and complete filing of a parcel map has been made pursuant to this code subsequent actions of the City, including but not the expiration of the tentative parcel map. limited to, processing, approving and recording may occur after (d) Within twenty four months after the approval or (e) The expiration of the approved or conditionally SECTION 3: That Title 20, Chapter 20.44 of the Carlsbad Municipal Code is amended by the amendment of Section 20.44.050(b) to read as ,follows: less, only the payment of fees shall be required except that when (b) If the proposed subdivision contains 50 parcels or a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. 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 on the 14th day of April , 1987 and thereafter Ordinance No. 9830 -2- PASSED AND ADOPTED at a regular meeting of said City Council held on the 21st day of ADril , 1987 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsor NOES: None ABSENT: None CLAUDE A. LEWIS; Mayor ATTEST : ALETHA L. RAUTENKRANZ, City CPerk