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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 MTG. DEPT. ENG ~ 07/07/92 CHAPTER 18.40 - STREET DEDICATION AND IMPROVEMENT REQUIREMENTS DEPT. CITY A CITY N I rn 0 N (A 2 a a a u L-l -4 c &! 0 a, c) 3 0 4 'r( U r! 3 0 u z N s + 0 rn 1 h h 1 a d 8 z 3 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 e 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. 1 0 0 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I-g 20 21 22 23 24 25 26 27 28 0 0 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: Ill lIl -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 3.7 18 l9 20 21 22 23 24 25 26 27 28 0 0 "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." Ill Ill Ill I// Ill Ill ill -2- /I 1 2 3 4 5 6 7 8 9 10 I-1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a e 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) -3- 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 0 0 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 ili Ill /// 1 2 3 4 5 6 7 8 9 10 11 I.2 13 14 15 16 17 18 19 0 e 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 20 21 22 23 24 25 26 27 28 "(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." Ill Ill Ill Ill Ill -2- 1 2 3 4 5 6 7 8 9 10 I’ 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 * * 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) -3-