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
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MAP EXTENSIONS AND ACCEPTANCE OF CITY
GRANT DEEDS AND PUBLIC IMPROVEMENTS CITY
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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 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
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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)
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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)
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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
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and improvement of the subdivision are consistent with the General Pian, Titles 20 and :
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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)
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