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:
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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.
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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
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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.
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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)
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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)
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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)
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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
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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)
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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.
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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
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1. That the above recitations are true and correct.
2. That, upon the effective date of said Ordinance, Resolution No. 91-71
repealed.
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ABSENT: None
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