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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-