HomeMy WebLinkAbout1992-07-14; City Council; 11796; ADOPTION OF ORDINANCE NO. NS-205- STREET DEDICATION AND IMPROVEMENT REQUIREMENTSYI
It
P
Q c& e
9
2
.. z
I- o
d o z
0
2
a
G
k GAHLSUAD - AGEND
IUU ADOPTION OF ORDINANCE NO. NS-205 - AB# ii! 79b DEF
MTG. 7/14/92 STREXT DEDICATION AND IMPROVEMENT CIT’
DEPT. CLK REQUIREMENTS CIT’
RECOMMENDED ACTION:
Adopt Ordinance No. NS-205, amending Title 18, Chapter 18.40 of the CarlsI
Municipal Code making updates, modifications, and revising public improveml
requirements in conjunction with building permit issuance.
ITEM EXPLANATION
Ordinance No. NS-205 was introduced and first read at a regular City Council meeti
on July 7, 1992. The second reading allows Council to adopt the ordinance wh
would then become effective in thirty days. The City Clerk will have the ordina
published in the “Carlsbad Journal” within fifteen days, if adopted.
FISCAL IMPACT
See Agenda Bill No. 11,778 on file with the City Clerk.
EXHIBIT
1. Ordinance No. NS-205.
l I 8-
f c
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
l9
e 9
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 1
sidewalks, gutters, pavement, driveways, curbs, streets, alleys, stor
drain facilities, water systems, sanitary sewer systems, street lightin
fire protection installation, undergrounding of utility facilities ai
pavement transitions."
SECTION II: That Title 18, Chapter 18.40 of the Carlsbad Municipal Codes is
by the deletion of of Section 18.40.030(d).
SECTION 111: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is
by the amendment of Section 18.40.040(b) to read as follows:
"Section 18.40.040(b) - The improvements required by subsection(a1
this section shall also apply to any person who alters, enlafoes
expands or causes to be altered, enlarged or expanded any buildin(
the City if the cost of such work exceeds fifty thousand doll
($50,000).
SECTION IV: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code is
1 by the amendment of Section 18.40.080(a) to read as follows:
20
21
22
23
24
25
26
27
28
"Section 18.40.080(a) - The granting or denial of a deferral
improvements pursuant to section 18.40.070 by the City Manager st
unless appealed to the City Council in accordance with Sec
1.20.600, become final within ten days after the filing of the i
Manager's written decision setting forth the findings in support therc
SECTION V: That Title 18, Chapter 18.40 of the Carlsbad Municipal Code i
I
by the amendment of Section 18.40.090 as follows:
JII
Ill
-1 -
11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
I?
l8
l9
20
21
22
23
"Section 18.40.090 - Any deferral of improvement pursuant to Secti
18.40.070 shall be conditioned on the filing with the City Manager o
future improvement agreement secured by a lien against the subjc
property in a form satisfactory to the City Attorney which provides tP
the property owner will construct the improvements at such time as tl
City requires them to be constructed and gives the City a lien on ti
property to guarantee such construction. The City Manager
authorized to execute such agreement on behalf of the City. SU.
agreement must be received and recorded prior to issuance of
building permit. If the building permit is not exercised, the City Manag
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."
SECTl,"Y 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 Ci
Clerk and accompanied by a fee as established by Resolution of tt
City Council, the City Council may by resolution waive or modify tt
requirements of this Chapter if they find that:
I' "(1) The street fronting on the subject property has already be6
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 tt
neighborhood and to avoid unreasonable interference with such thins
as trees, walls, yards and open space;
"(2) The granting of the waiver or modification will not perpetua.
a hazardous or defective condition or be otherwise detrimental to th
health, safety or welfare of the residents of the City." I 1
'1 Ill I
Ill
' /I/
1 Ill
24
2.5
26
27
28
I//
/I/
/I/ ~
-2- I
I I.
d I"
1
2
3
4
5
ii
7
8 9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
X
28
e *
INTRODUCED AND FIRST READ at a regular meeting of said city Cound he
7th day of JULY , 1992, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit
held on the 14 thday of JULY , 1992 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, and Star
NOES:
ABSENT: Council Memb rs Larson-and N gaard
1'1 P, /-/ - / /L f/& [l
I/ 1 I$&& //
CLAUDE A. LEWId, Mayor
ATTEST:
f&%2 .iJ e-
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
-3-