HomeMy WebLinkAbout1992-07-07; City Council; 11778; AMENDMENT TO MUNICIPAL CODE CHAPTER 18.40 - STREET DEDICATION AND IMPROVEMENT REQUIREMENTSI I AB # LL, 7 7 8- TITLE: AMENDMENT TO MUNICIPAL CODE
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DEPT. ENG
~ 07/07/92 CHAPTER 18.40 - STREET DEDICATION AND
IMPROVEMENT REQUIREMENTS
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CITbOF CARLSBAD - AGENaJ BILL
RECOMMENDED ACTION:
Introduce Ordinance fi 5- ao s amending Title 18 Chapter 18.40 of Ca
Municipal eade making updates, madl#callan and redchg publie Improb
requirements in conjunction with building permit issuance.
ITEM EXPLANATION:
The attached Ordinance makes several administrative modifications to bring C
18.40 into current City practice and raises the threshold building permit value for
public improvements will be required.
Ordinance revisions are summarized as follows:
e Section 18.40.20(3) - The words "Improvement includes, but is not
to" have been added to the definition of Improvements to indicate tl
listed items are not intended to be all inclusive.
Section 18.40.030(d) - Eliminates $40 processing fee for processinc
Section 18,40,04O(b) is amended to increase threshold for
of dedication.
improvement requirements for alterations and additions from $20,
$50,000.
e Section 18.40.080 increases appeal time limit from five days to ten c
Section 18.40.90 and 18.40.1 00 removes specific fees from the co(
conform with general City practice
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allows Council to establish fees by separate resolution annually.
consistent with current practice throughout the code.
Current Municipal Code Section 18.40.040(b) requires as a condition of building
issuance that public improvements (Le. curbs, gutters and sidewalks) be installe
condition of any permit for work which "enlarges or expands or causes to be i
enlarged or expanded" any building in the City if the cost of such work exceeds tt
of twenty thousand dollars ($20,000).
This requirement is triggered by nearly any room addition to a single family res
within the older sections of the community. This situation often results in improj
costs which meet or exceed the cost of the proposed addition. This situation enco
homeowners to "bootleg" additions or alterations avoiding City review and inspec
also creates an equity issue concerning the cost of the home improvement vs. the
improvements.
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PAGETWOOFAB# j1,77&
Staff believes that based on issues of fairness and to encourage proper permittint
inspection, improvement requirements on additions and alterations should OCCL'
higher level of building improvement. To establish an appropriate threshold lev(
reviewed alteration and addition permits over the past five years and compared the
of typical frontage improvement to building permit values. It was determined that I
the limit to $50,000 will create a situation where required improvements will not e
25% of the building valuation. Over the past five years approximately 80% of the F
exceed $50,000 in permit valuation. The $50,000 level seems to strike a better b'
between the cost of improvements vs. public improvements.
FISCAL IMPACT:
The proposed action will decrease staff efforts in processing building permits and
significantly the cost for minor single family additions and alterations. The amount
saving will be nominal and any savings should be negated by the fee eliminal
dedications.
The City will sacrifice a potential source of revenue to complete provisions of fu
improvements throughout older portions of the City. The cumulative impact o
estimated to be $420,000 over a 20 year period.
EXHIBITS:
1. Ordinance No. r\ 3- 20 5
Municipal Code.
Amending Title 18, Chapter 18.40 of C
2. Code revision highlight exhibit.
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ORDINANCE NO. NS-205
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 18, CHAPTER
18.40 OF THE CARLSBAD MUNICIPAL CODE.
WHEREAS, the City Council of the City of Carlsbad, California does ordain as
SECTION I: That Title 18, Chapter 18.40 of the Carlsbad Municipal (
amended by the amendment of Section 18.40.020(3) to read as follows:
“Section 18.40.020(3) - Improvements - includes but is not limited t
sidewalks, gutters, pavement, driveways, curbs, streets, alleys, storr
drain facilities, water systems, sanitary sewer systems, street lightin<
fire protection installation, undergrounding of utility facilities an
pavement transitions .”
SECTION 11: That Title 18, Chapter 18.40 of the Carlsbad Municipal Codes is i
by the deletion of of Section 18.40.030(d).
SECTION Ill: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is i
by the amendment of Section 18.40.040(b) to read as follows:
“Section I 8.40.040(b) - The improvements required by subsection(a)
this section shall also apply to any person who alters, enlarges
expands or causes to be altered, enlarged or expanded any building
the City if the cost of such work exceeds fifty thousand dolla
($50,000).
SECTION IV: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is
by the amendment of Section 18.40.080(a) to read as follows:
“Section 18.40.080(a) - The granting or denial of a deferral
improvements pursuant to section 18.40.070 by the City Manager shs
unless appealed to the City Council in accordance with Secti
1.20.600, become final within ten days after the filing of the C
Manager’s written decision setting forth the findings in support there1
SECTION V: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is
by the amendment of Section 18.40.090 as follows:
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"Section 18.40.090 - Any deferral of improvement pursuant to Sectioi
18.40.070 shall be conditioned on the filing with the City Manager of i
future improvement agreement secured by a lien against the subjec
property in a form satisfactory to the City Attorney which provides thz
the property owner will construct the improvements at such time as thi
City requires them to be constructed and gives the City a lien on th
property to guarantee such construction. The City Manager
agreement must be received and recorded prior to issuance of
building permit. If the building permit is not exercised, the City Managc
is authorized to execute a release of lien for the subject property.
"Prior to the recordation of a future improvement agreement, there sh:
be paid to the Engineering Department a fee as set by Resolution
the City Council for the processing of the agreement."
authorized to execute such agreement on behalf of the City. SUC
SECTION VI: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is
by the amendment of Section 18.40.1 00 as follows:
"Section 18.40.100 - Upon written application, submitted to the C
Clerk and accompanied by a fee as established by Resolution of t'
City Council, the City Council may by resolution waive or modify t
requirements of this Chapter if they find that:
"(1) The street fronting on the subject property has already be
improved to the maximum feasible and desirable state, recognizi
there are some such streets which may have less than stand:
improvements when necessary to preserve the character of t
neighborhood and to avoid unreasonable interference with such thin
as trees, walls, yards and open space;
"(2) The granting of the waiver or modification will not perpetu
a hazardous or defective condition or be otherwise detrimental to
health, safety or welfare of the residents of the City."
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INTRODUCED AND FIRST READ at a regular meeting of said City Council he1
day of , 1992, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Citl
held on the day of , 1992 by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST: 1
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 18, CHAPTER
18.40 OF THE CARLSBAD MUNICIPAL CODE.
WHEREAS, the City Council of the City of Carlsbad, California does ordain as
SECTION I: That Title 18, Chapter 18.40 of the Carlsbad Municipal (
amended by the amendment of Section 18.40.020(3) to read as follows:
"Section 1 8.40.020(3) - Improvements - includes
sidewalks, gutters, pavement, driveways, curbs,
drain facilities, water systems, sanitary sewer systems, street lighting
fire protection installation, undergrounding of utility facilities an(
pavement transitions."
SECTION 11: That Title 18, Chapter 18.40 of the Carlsbad Municipal Codes is a
by the deletion of Section 18.40.030(d).
SECTION Ill: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is i
by the amendment of Section 18.40.040(b) to read as follows:
"Section 1 8.40.040(b) - The improvements required by subsection(a) c
this section shall also apply to any person who alters, enlarges (
expands or causes to be altered, enlarged or ex
the City if the cost of such work exceeds
SECTION IV: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is i
by the amendment of Section 18.40.080(a) to read as follows:
"Section 18.40.080(a) - The granting or denial of a deferral
improvements pursuant to section 18.40.070 by the City Manager sh:
unless appealed to the City Council in accordance with Sectic
1.20.600, become final within fFve days after the filing of the C
Manager's written decision setting forth the findings in support therec
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SECTION V: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is ai
by the amendment of Section 18.40.090 as follows:
"Section 18.40.090 - Any deferral of improvement pursuant to Sectior
18.40.070 shall be conditioned on the filing with the City Manager of i
future improvement agreement secured by a lien against the subjec property in a form satisfactory to the City Attorney which provides tha
the property owner will construct the improvements at such time as thc
City requires them to be constructed and gives the City a lien on thc
property to guarantee such construction. The City Manager i5
authorized to execute such agreement on behalf of the City. Suct
agreement must be received and recorded prior to issuance of E
building permit. If the building permit is not exercised, the City Manage
is authorized to execute a release of lien for the subject property.
"Prior to the recordation of a future improvement agreement, there sha
En nt a
he Pro
SECTION VI: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is a
by the amendment of Section 18.40.1 00 as follows:
may by resolution waive or modify the requirements of this Chapter
they find that:
"(1) The street fronting on the subject property has already bee
improved to the maximum feasible and desirable state, recognizin
there are some such streets which may have less than standar
improvements when necessary to preserve the character of th
neighborhood and to avoid unreasonable interference with such thing
as trees, walls, yards and open space; ,I
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"(2) The granting of the waiver or modification will not perpetua
a hazardous or defective condition or be otherwise detrimental to tt-
health, safety or welfare of the residents of the City."
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INTRODUCED AND FIRST READ at a regular meeting of said City Council helc
day of , 1992, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the day of , 1992 by the following vote, to wit:
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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