Loading...
HomeMy WebLinkAbout1997-09-16; City Council; 14352; REVISIONS TO PROCEDURES FOR TENTATIVE MAP EXTENSIONS AND ACCEPTANCE OF GRANT DEEDS AND PUBLIC IMPROVEMENTSMTG. 9/16/97 DEPT. CLK - MAP EXTENSIONS AND ACCEPTANCE OF CITY GRANT DEEDS AND PUBLIC IMPROVEMENTS CITY 1 2 3 4 5 6 7 8 9 10 I I 12 13 l4 15 l6 17 18 19 20 21 22 23 34 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 ame the addition of Section 11.04.050 to read as follows: “1 1.04.050 Delegation of Acceptance Authoritv Pursuant to Streets and Highways Code section 1806, and Government Code 27281, the following officers are hereby delegated the powers of the City Council specific with regard to the acceptance of privately constructed improvements in connectior subdivision, and the acceptance and consent to recordation of deeds or grants conve: 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 acc of easements and covenants for easement required as conditions of development if executed on a standard document approved as to form by the City Attorney, as amencl time to time; The City Manager upon advice of the City Attorney may approve the acc of deeds or grants conveying any other interest in or easement upon real property to the public purposes, if such deeds or grants are recommended for approval by the City Engir are properly executed on a standard document approved by the City Attorney as to 1 amended from time to time. The City Manager is authorized to accept streets and roads of a subdivisi formally accepted into the City street system on behalf of the City, following acceptanc final subdivision map by the City Council, and satisfactory completion of all subdivisia improvements or any other public improvements constructed by a developer as a con development by any provision of Titles 18, 20 or 21 of this Code with the advice and co 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 all found after the acceptance of improvements, in accordance with a Subdivision lmprl 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 inventoq streets and roads. The City shall not be liable for any failure to maintain any street or r( such street or road has been accepted into the City’s street system. covenants of easements, and other deeds or grants conveying any interest in or easemt real property to the City for public purposes following approval by the City Manager i Attorney as set forth above in Subsections (a) and (b).” (a) (b) (c) (d) The City Clerk is authorized to accept and consent to recordation of eas 1 1 2 3 4 E, ' 7 8 9 10 11 12 l3 l4 l5 16 17 18 19 20 21 ** 23 24 25 26 27 28 0 0 SECTION II: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code is amei the amendment of Section 20.12.1 10 to read as follows: "20.12.1 10 Extension of Tentative MaDs (a) The subdivider may request an extension of the approved or conc approved Tentative Map by filing a written application with the City Engineer prior to exF 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 prc administratively; considered in a noticed public hearing; and potentially reviewed in an a~ the City Council; all prior to the expiration of any applicable automatic extension. Timely application shall automatically extend the Tentative Ma maximum of 60 days, or until the application for the extension is approved, conc approved or denied, whichever occurs first. Engineer shall, not later than 30 days after the expiration of the approved or conc approved Tentative Map, set the matter for public hearing by the Planning Commission. of the hearing shall be given pursuant to Section 20.12.092. Normally, no extension pur this section shall be for a period of more than one year, unless the Planning Commission Council on appeal) finds that an extension for a longer period, not exceeding five p warranted, giving consideration to any other extensions, the scope of the project, the I expenditures made by the subdivider in furtherance of the subdivision, and the affec 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 t 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 a1 as extended are consistent with the requirements of Title 21 of this code at the timc 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 Co 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 applican other interested person files a written appeal with the City Clerk. An individual membt City Council can be an interested person. The written appeal shall specifically state tht or reasons for the appeal and the manner in which the decision of the Planning Commis! error. The decision of the Planning Commission shall be affirmed by the City Council ur Appellant shows by a preponderance of the evidence that the decision of the I Commission is in error, inconsistent with state law, the General Plan, any applicab 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 IO 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 t authorized may be extended as follows: (1) If the subdivider is not subject to a requirement to construct or imi finance the construction or improvement of public improvements outside the boundarit Tentative Map, the cost of which equals or exceeds the amount specified in Governmt The application shall be on a form promulgated by the City Engineer and state the rea! (1) (2) Upon receipt of a complete and timely application for extension extension of the development on the community. No extension shall be granted or conc (3) (b) 2 I 2 3 4 !3 6 7 8 9 10 11 12 l3 14 I' 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 section 66452.6(a), as amended from time to time, as determined at the time of the T Map approval, then the subdivider may request an extension pursuant to the provisi subdivision (a) of this section. When the subdivider is subject to a requirement to construct or imi finance the construction or improvement of public improvements outside the boundarie Tentative Map, the cost of which equals or exceeds the amount specified in Governmei section 66452.6(a), as amended from time to time, as determined at the time the Tentat is approved, then each filing of a final map authorized by Section 20.20.020(c) of this co extend the expiration of the approved or conditionally approved Tentative Map by 36 from the date it would otherwise have expired as provided in this section or the datc previously filed final map, whichever is later. The total combined time for extensions ur subsection and subsection (b)(l) shall not exceed 15 years from the date of the app conditional approval of the Tentative Map. However, a tentative map for propedy subj 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 duratic agreement. "Public improvements" include traffic controls, streets, roads, highways, fr- bridges, overcrossings, street interchanges, flood control or stormdrain facilities, sewer f water facilities, and lighting facilities. Extensions of vesting tentative maps shall be governed solely by the provi Chapter 20.17 of this Title, and by the provisions of subsection (b)(2) of this section." (2) (c) SECTION 111: That Title 20, Chapter 20.12 of the Carlsbad Municipal Code iz amended by the amendment of subsections (c) and (d) of Section 20.12.120 to read as fc A revised Tentative Map may be filed prior to expiration of a Tentati approved by the City Council (or by the Planning Commission, for tentative maps for wl authorized by this Title to approve or conditionally approve), or within the period of time s in any extension granted thereto. Upon the filing of an application for a revised Tentative Map and paymei prescribed fee, such application shall be treated in all respects as an application for an Tentative Map, and shall be reported on, approved, conditionally approved or disapprovc same manner as an original Tentative Map application. The application for a revised 1 Map may be combined and considered concurrently with an application for extensi Tentative Subdivision Map pursuant to Section 20.12.1 10." "(c) (d) SECTION IV: That Title 20, Chapter 20.24 of the Carlsbad Municipal Code is a by the amendment of Section 20.24.1 80 to read as follows: "20.24.180 Extension of Tentative Parcel MaDs (a) The subdivider may request an extension of the approved or con( approved Tentative Parcel Map by filing a written application with the City Engineer expiration. The application shall be on a form promulgated by the City Engineer and s reasons for the requested extension. The application shall be filed at least 20 days and r than 90 days prior to the date of expiration of the map, and in sufficient time to be pr administratively and potentially be reviewed in an appeal to the City Council, priol expiration of any applicable automatic extension. Timely application shall automatically extend the Tentative Parcel a maximum of 60 days, or until the application for the extension is approved, con( approved or denied, whichever occurs first. Upon receipt of a complete and timely application for extension, (1) (2) 3 1 2 3 4 5i ’ 7 8 9 10 I 1 12 13 l4 ” 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 Engineer shall, not later than 60 days after the expiration of the approved or conc 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. Norn extension pursuant to this section shall be for a period of more than one year, unless 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 the 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 gr conditionally granted unless the City Engineer (or City Council, on appeal) finds: that th 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 to have been extended to expire concurrent with the tentative parcel map; and that such and approvals as extended are consistent with the requirements of Title 21 of this COC time of the extension of the tentative parcel map. The total period of all extensions UI section shall not exceed five years. In granting an extension, the City Engineer (or City on appeal) may impose new conditions and may revise existing conditions. The decision of the City Engineer is final and effective fifteen calendar day the adoption of the resolution of decision, unless within such 15-day period the applicant other interested person files a written appeal with the City Clerk. An individual member o City Council can be an interested person. The written appeal shall specifically state the r or reasons for the appeal and the manner in which the decision of the City Engineer is in The decision of the City Engineer shall be affirmed by the City Council unless the Appella shows by a preponderance of the evidence that the decision of the City Engineer is in err inconsistent with state law, the General Plan, any applicable Local Coastal Program or Sk Plan, Master Plan, Zoning Ordinance or policy of the City. Upon the filing of an appeal, tt Clerk shall set the matter for public hearing. Such hearing shall be held within 30 days af Ill Ill 111 111 Ill Ill Ill Ill Ill Ill Ill Ill and improvement of the subdivision are consistent with the General Pian, Titles 20 and : 4 Q 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 C 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 i and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cai be published at least once in a newspaper of general circulation in the City of Carlsba fifteen (I 5) days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of said City Council helc - 9th dayof September , 1997, and thereafter, PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City held on the 16thday of SEPTEMBER , 1997 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, Hall NOES: None ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 5