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HomeMy WebLinkAbout1997-09-09; City Council; 14346; REVISE CITY CODE RELATED TO EXTENSION OF TENTATIVE MAPS, ACCEPTANCE OF GRANT DEEDS AND ACCEPTANCE OF PUBLIC IMPROVEMENTS', Cli 0 f OF CARLSBAD - AGENDA e ILL REVISE CITY CODE RELATED TO EXTENSION OF TENTATIVE MAPS, ACCEPTANCE OF GRANT DEEDS AND ACCEPTANCE OF PUBLIC IMPROVEMENTS d RECOMMENDED ACTION: u Introduce Ordinance No. &$- 422- amending Titles 11 and 20 of the Carlsbad N 4 0 Code Related to Extensions of Tentative Maps, Acceptance of Grant Deeds and Acc m of Public Improvements. 2 a 2. Adopt Resolution No. 9 7- LO% Repealing Resolution No. 91-71 Regarding Ea: a a ITEM EXPLANATION: 2 N 0 *r( and Covenants of Easements. Q) u a 0 As part of the Council approved work plan for streamlining the development proce has been undertaking a comprehensive review of City ordinances to identify and e code provisions which are redundant, conflicting, confusing, or which act as an imp1 to the smooth processing of development projects. N e I rn z Last year, staff completed work on streamlining of the Grading and Erosion z 0 Ordinance and the Right-of-way Ordinance. This year's efforts were dire a streamlining the Subdivision Ordinance and Hillside Development Ordinance. This u bill addresses numerous streamlining changes to the Subdivision Ordinance togetl some companion changes to Chapter 11.04 dealing with Streets and Sidewalk: revisions to the Hillside Ordinance are currently scheduled for Planning Commission a L4 and will be brought forward for Council consideration later this year. a a, As Council may recall, the goals of the streamlining work plan are as follows: -a 1. To streamline the development process by eliminating unnecessary impedime $4 decreasing the amount of staff time required to review projects and by mak process simple for our customer applicants. 7-4 *r( h 1 2. To facilitate construction of quality projects by establishing systems of quality as2 Vm d and quality control and, by ensuring that developments comply with all City St: 2; and the goals of the General Plan Vision. vz 3. To provide reasonable opportunity for public input and comment on pr The work plan goals were used as a guide for the preparation of the ordinance re presented in this agenda bill. The proposed changes are as follows: I. Revision to Section 20.12.110 of the Subdivision Ordinance regarding the exter tentative tract maps. This section was revised to eliminate conflicts with the provi: the State Map Act and to provide increased opportunity for public input on tentatii extensions. The first revision in this section increases the number of years a te map may be extended from three to five years. This revision was made in respor recent change in the State Map Act. The second revision eliminates reference specific dollar amount required to invoke the automatic extension of remaining ph a multi-phased map. This change will eliminate a current conflict with the State Rr and also eliminate the need to revise local ordinance each time the amount is inc A third revision, requires a finding that all related permits and approvals issued pi to Title 21 (Zone Code) have been extended to expire concurrent with the tentatib extension and that such permits or approvals be consistent with current requireme G (d d -4 0 V 3 0 u. dm .ti ," h \ Q\ development activities, o', \ o\ Z 0 F 2 i z 3 in State law. 0 0 , Page 2 of Agenda Bill No. P3 Yb e the Zone Code. This revision ensures that all extensions comply with City St and the goals of the General Plan vision. Another revision provides that once a 1 map extension application is filed, the map shall be automatically extended for s days or until the extension is approved whichever occurs first. This revision el conflict with the provisions of the State Map Act. The final revision to this section of the ordinance requires that all tentati extensions be heard and decided upon by the Planning Commission at a duly public hearing. The current ordinance does not require a public hearing and extension granted by consent of either the Planning Commission or City whichever body approved the original tentative map. The proposed changes the opportunity for public input into the extension process, reduce the potential challenge, and frees potential Council time for other important actions. The I include opportunity for appeal to the City Council by the applicant or any interest including an individual member of the City Council. 2. Revision to Section 20.24.180 of the Subdivision Ordinance regarding the exte tentative parcel maps. The revisions to this section essentially duplicate thos above except that they apply to parcel maps which generally contain four ( parcels. The approving authority for parcel map extensions will continue to be dc to the City Engineer. Under the proposed revisions, tentative parcel map extens require the same public noticing required at the time of tentative parcel map apprl 3. Repeal of Section 20.52 and revision of Section 11.04.060 regarding accept easements and public improvements. The repeal and revision of these sec ordinance will streamline the acceptance of public improvements constru developers and codify and expand existing easement acceptance procedures pr authorized by Council resolution. Specifically, the revisions will empower ' Manager to accept public improvements constructed by developers UF recommendation of the City Engineer and advice of the City Attorney. This chz eliminate the current practice of preparing an agenda bill and having the item pl the Council consent calendar. Additionally, the revisions codify the City Manager's authority to accept de€ easements required as conditions of development approval. This author previously been authorized by Council resolution. The revision slightly expands Manager's authority by the inclusion of wording specifying any deeds or conveying interest in or easement upon real estate to the City. The existing re limits the Manager's authority for acceptance to easements. The new langu facilitate the acceptance of fee title property grants which are sometimes de: property owners. Finally, it is important to note that Section 20.52 is being repealed and replace( revised provisions of Section 11.04 because it is intended that the application f two acceptable procedures be applicable to all development activity and subdivisions. This includes dedications and improvements required pursuant to permits, site development plans, conditional use permits and other City deve approvals. FISCAL IMPACT: None. EXHl BITS: 1, Ordinance No. NSL %(l. amending Titles 11 and 20 of the Carlsbad M Code Related to Extensions of Tentative Maps, Acceptance of Grant Dee Acceptance of Public Improvements . 2. Resolution No. ~~-~~ Repealing Resolution No. 91-71 Regarding Ea5 and Covenants of Easements. 1 2 3 4 5 6 7 8 9 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ) e 0 ORDINANCE NO. NS-422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLES 11 AND 20, CHAPTERS 11.04, 20.12, , 20.24 AND REPEALING CHAPTER 20.52 OF THE CARLSBAD MUNICIPAL CODE RELATING TO EXTENSIONS OF TENTATIVE SUBDIVISION MAPS, TENTATIVE PARCEL MAPS, RELATED DISCRETIONARY APPROVALS AND PERMITS, AND ACCEPTANCE AND RECORDATION OF DEEDS OR GRANTS CONVEYING INTERESTS IN REAL PROPERTY TO THE CITY. The City Council of the City of Carlsbad, California, hereby ordains as follows: SECTION I: That Title 11, Chapter 11.04 of the Carlsbad Municipal Code is am the addition of Section 1 I .04.050 to read as follows: “1 1.04.050 Delegation of Acceptance Authority Pursuant to Streets and Highways Code section 1806, and Government Cod 27281 , the following officers are hereby delegated the powers of the City Council specifi with regard to the acceptance of privately constructed improvements in connectio subdivision, and the acceptance and consent to recordation of deeds or grants convc interest in or easement upon real estate to the City for public purposes: The City Manager upon advice of the City Attorney may approve the ac of easements and covenants for easement required as conditions of development if time to time; The City Manager upon advice of the City Attorney may approve the ac of deeds or grants conveying any other interest in or easement upon real property to th public purposes, if such deeds or grants are recommended for approval by the City Eng are properly executed on a standard document approved by the City Attorney as to amended from time to time. The City Manager is authorized to accept streets and roads of a subdivis formally accepted into the City street system on behalf of the City, following acceptam final subdivision map by the City Council, and satisfactory completion of all subdivisic improvements or any other public improvements constructed by a developer as a cor development by any provision of Titles 18, 20 or 21 of this Code with the advice and c( the City Attorney and, upon the recommendation of the City Engineer. This provisic intended to and shall not modify or relieve any developer from liability for any and al found after the acceptance of improvements, in accordance with a Subdivision lmpr Agreement or any other similar agreement. Following acceptance by the City Manager Engineer shall cause any streets or roads so accepted to be entered into the inventor streets and roads. The City shall not be liable for any failure to maintain any street. or I such street or road has been accepted into the City’s street system. The City Clerk is authorized to accept and consent to recordation of ea: covenants of easements, and other deeds or grants conveying any interest in or easemc real property to the City for public purposes following approval by the City Manager Attorney as set forth above in Subsections (a) and (b).” (a) executed on a standard document approved as to form by the City Attorney, as amen (b) (c) (d) 1 1 2 3 4 5 6 7 8 9 IO 11 12 l3 j4 I' 16 17 18 19 20 21 22 23 24 25 26 27 28 # 0 0 SECTION 11: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is am the amendment of Section 20.12.1 10 to read as follows: ."20.12.110 Extension of Tentative Maps (a) The subdivider may request an extension of the approved or coi approved Tentative Map by filing a written application with the City Engineer prior to e: The application shall be on a form promulgated by the City Engineer and state the rel the requested extension. The application shall be filed at least 20 days and not more days prior to the date of expiration of the map, and in sufficient time: to be p administratively; considered in a noticed public hearing; and potentially reviewed in an the City Council; all prior to the expiration of any applicable automatic extension. Timely application shall automatically extend the Tentative M maximum of 60 days, or until the application for the extension is approved, cor approved or denied, whichever occurs first. Upon receipt of a complete and timely application for extensior Engineer shall, not later than 30 days after the expiration of the approved or cor approved Tentative Map, set the matter for public hearing by the Planning Commissior of the hearing shall be given pursuant to Section 20.12.092. Normally, no extension pi this section shall be for a period of more than one year, unless the Planning Commissioi Council on appeal) finds that an extension for a longer period, not exceeding five warranted, giving consideration to any other extensions, the scope of the project, the expenditures made by the subdivider in furtherance of the subdivision, and the affe extension of the development on the community. No extension shall be granted or con granted unless the Planning Commission (or City Council on appeal) finds: that the de improvement of the subdivision are consistent with the General Plan, Titles 20 and 2 Code, and any public facility or growth management policies in existence at the extension is approved; that the subdivider is diligently pursuing those acts required to final map for the subdivision; that all related permits or approvals issued pursuant to Title been extended to expire concurrent with the tentative map; and that such permits and i as extended are consistent with the requirements of Title 21 of this code at the tirr extension of the tentative map. The total period of all extensions under this section exceed five years. In granting an extension, the Planning Commission (or City Cc appeal) may impose new conditions and may revise existing conditions. The decision of the Planning Commission is final and effective fifte after the-adoption of the resolution of decision, unless within such period the applicar other interested person files a written appeal with the City Clerk. An individual membl City Council can be an interested person. The written appeal shall specifically state thc or reasons for the appeal and the manner in which the decision of the Planning Commis Appellant shows by a preponderance of the evidence that the decision of the Commission is in error, inconsistent with state law, the General Plan, any applicak Coastal Program or Specific Plan, Master Plan, Zoning Ordinance or policy of the City. I filing of an appeal, the City Clerk shall set the matter for public hearing. Such hearing held within 30 days after the date of filing the appeal. Within 10 days following the conc the hearing, the City Council shall render its decision on the appeal. The decision of Council is final. A Tentative Map for which the filing of multiple or "phased" final maps h authorized may be extended as follows: (1) If the subdivider is not subject to a requirement to construct or im! finance the construction or improvement of public improvements outside the boundarie Tentative Map, the cost of which equals or exceeds the amount specified in Governme (1) (2) (3) error. The decision of the Planning Commission shall be affirmed by the City Council uI (b) 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 L section 66452.6(a), as amended from time to time, as determined at the time of the Map approval, then the subdivider may request an extension pursuant to the provi subdivision (a) of this section. When the subdivider is subject to a requirement to construct or in Tentative Map, the cost of which equals or exceeds the amount specified in Governm section 66452.6(a), as amended from time to time, as determined at the time the Tent: is approved, then each filing of a final map authorized by Section 20.20.020(c) of this c extend the expiration of the approved or conditionally approved Tentative Map by 31 from the date it would otherwise have expired as provided in this section or the d2 previously filed final map, whichever is later. The total combined time for extensions i subsection and subsection (b)(l) shall not exceed 15 years from the date of the ap conditional approval of the Tentative Map. However, a tentative map for property SUI development agreement authorized by the state Government Code and this Code extended for a period of time provided for in the agreement, but not beyond the durat agreement. “Public improvements” include traffic controls, streets, roads, highways, bridges, overcrossings, street interchanges, flood control or stormdrain facilities, sewer water facilities, and lighting facilities. Extensions of vesting tentative maps shall be governed solely by the pro (2) finance. the construction or improvement of public improvements outside the boundari (c) Chapter 20.17 of this Title, and by the provisions of subsection (b)(2) of this section,” SECTION Ill: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code amended by the amendment of subsections (c) and (d) of Section 20.12.120 to read as A revised Tentative Map may be filed prior to expiration of a Tent: approved by the City Council (or by the Planning Commission, for tentative maps for \ authorized by this Title to approve or conditionally approve), or within the period of time in any extension granted thereto. Upon the filing of an application for a revised Tentative Map and paymi prescribed fee, such application shall be treated in all respects as an application for i Tentative Map, and shall be reported on, approved, conditionally approved or disapprol same manner as an original Tentative Map application. The application for a revised Map may be combined and considered concurrently with an application for exten Tentative Subdivision Map pursuant to Section 20.12.1 IO.” “(c) (d) . SECTION IV: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is by the amendment of Section 20.24.180 to read as follows: “20.24.1 80 Extension of Tentative Parcel Maw (a) The subdivider may request an extension of the approved or co approved Tentative Parcel Map by filing a written application with the City Engine€ expiration. The application shall be on a form promulgated by the City Engineer and reasons for the requested extension. The application shall be filed at least 20 days anc than 90 days prior to the date of expiration of the map, and in sufficient time to be I administratively and potentially be reviewed in an appeal to the City Council, pri expiration of any applicable automatic extension. Timely application shall automatically extend the Tentative Para a maximum of 60 days, or until the application for the extension is approved, co approved or denied, whichever occurs first. Upon receipt of a complete and timely application for extensior (1) (2) 3 1 2 3 4 5 ' 7 8 Q IO 11 12 l3 l4 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 b Engineer shall, not later than 60 days after the expiration of the approved or cor approved Tentative Parcel Map, approve, conditionally approve or deny the requested e Notice to affected property owners shall be given pursuant to Section 20.24.115. Nor extension pursuant to this section shall be for a period of more than one year, unles3 Engineer (or City Council, on appeal) finds that an extension for a longer period, not e five years, is warranted, giving consideration to any other extensions, the scope of thr the previous expenditures made by the subdivider and furtherance of the subdivision affect of the extension of the development on the community. No extension shall be g conditionally granted unless the City Engineer (or City Council, on appeal) finds: that tt and improvement of the subdivision are consistent with the General Plan, Titles 20 and Code, and any public facility or development management policies in existence at the extension is approved; that the subdivider is diligently pursuing those acts required to parcel map for the subdivision; that all related permits or approvals issued pursuant t have been extended to expire concurrent with the tentative parcel map; and that SUC and approvals as extended are consistent with the requirements of Title 21 of this co time of the extension of the tentative parcel map. The total period of all extensions I section shall not exceed five years. ,In granting an extension, the City Engineer (or Citi on appeal) may impose new conditions and may revise existing conditions. The decision of the City Engineer is final and effective fifteen calendar da the adoption of the resolution of decision, unless within such 15-day period the applicanl other interested person files a written appeal with the City Clerk. An individual member 1 City Council can be an interested person. The written appeal shall specifically state the or reasons for the appeal and the manner in which the decision of the City Engineer is ir The decision of the City Engineer shall be affirmed by the City Council unless the Appell shows by a preponderance of the evidence that the decision of the City Engineer is in er inconsistent with state law, the General Plan, any applicable Local Coastal Program or: Plan, Master Plan, Zoning Ordinance or policy of the City. Upon the filing of an appeal, a Clerk shall set the matter for public hearing. Such hearing shall be held within 30 days z Ill Ill I/1 fll Ill Ill Ill Ill Ill Ill Ill Ill - 4 1 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 e * date of filing the appeal. Within 10 days following the conclusion of the hearing, the City shall render its decision on the appeal. The decision of the City Council is final.” SECTION V: That Title 20, Chapter 20.52 is amended by the repeal of Chapter the Carlsbad Municipal Code. EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and Ci be published at least once in a newspaper of general circulation in the City of Carlsb fifteen (15) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of said City Council he P 9th dayof September , 1997, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Cit) held on the day of , 1997 by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: \ ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 5 l 1 2 RESOLUTION NO. 97-602 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REPEALING RESOLUTION NO. 91 -71 3l REGARDING EASEMENTS AND COVENANTS OF EASEMENT. 'i 7 a 9 1o 11 12 easements; and WHEREAS, on September 3 , 1997, the City Council introduced ( No. E-422 , adding Section 11.04.060 to the Carlsbad Municipal Code authorizin Manager, upon advice of the City Attorney, to approve acceptance of easements and for easement, which will eliminate the need for Resolution No. 91-71. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 14 15 I' 1. That the above recitations are true and correct. 2. That, upon the effective date of said Ordinance, Resolution No. 91-71 repealed. I 22 I 1 ABSENT: None ' 27 (SEAL) ** I 1