HomeMy WebLinkAbout2000-08-01; City Council; 15855; Repealing Moratorium of ImprovementsAB# ls.8sc
MTG. 8-1-00
DEPT. CLK
CITY OF CARLSBAD - AGENDA BILL
ADOPTION OF ORDINANCE NO. NS-555 REPEALING MORATORIUM
ON IMPROVEMENTS, TITLE 18, SECTION 18.40.130 OF THE
CARLSBAD MUNICIPAL CODE, AND AMENDING TITLE 18, CHAPTER
18.40, OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT
OF SECTIONS 18.40.01 0, 18.40.020, 18.40.030, 18.40.040, 18.40.070
AND 18.40.090
DEPT.HD. Fp
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. Ns-555 repealing moratorium on improvements, Title 18, Section
18.40.130 of the Carlsbad Municipal Code, and amending Title 18, Chapter 18-40, of the
Carlsbad Municipal Code by the amendment of Sections 18.40.01 0, 18.40.020, 18.40.030,
18.40.040, 18.40.070 And 18.40.090
ITEM EXPLANATION:
Ordinance No. NS-555 was introduced and first read at the City Council meeting held on
July 25, 2000. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 15,830 on file with the City Clerk.
EXH l Bl TS :
1. Ordinance No. NS-555.
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ORDINANCE NO. NS-555
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING MORATORIUM ON
IMPROVEMENTSI TITLE 18, SECTION 18.40.130 OF THE
CARLSBAD MUNICIPAL CODE, AND AMENDING TITLE 18,
CHAPTER 18.40, OF THE CARLSBAD MUNICIPAL CODE BY
THE AMENDMENT OF SECTIONS 18.40.01 0, 18.40.020,
18.40.030, 18.40.040. 18.40.070 AND 18.40.090.
The City Council of the City of Carlsbad, California, hereby ordains as follows:
SECTION 1: That Section 18.40.010 of the Carlsbad Municipal Code is amended to
.cad as follows:
18.40.010 Findings. DurPOse and intent.
(a) The city council finds as follows:
(I) There is a lack of adequate roadway edge treatments, pedestrian facilities and
streets in various areas of the city which may be prejudicial and dangerous to the public health,
safety, and welfare of the inhabitants of the city.
(2) The lack of improved pedestrian pathways in the city in many instances forces
)edestrians, including school children, to walk in the streets and to be subject to the hazards of
iehicular traffic. (3) The lack of improved pedestrian pathways during rainy weather has caused
inhealthy conditions resulting from pedestrians walking through mud or water along streets or dirt
sidewalks.
(4) Streets and highways of inadequate width and design hinder vehicular
novement and constitute a hazard to the safety and health of users.
(5) The lack of curbs, storm drains and other street improvements results in poor
lrainage and a collection of filth and waste. (6) The lack of improved streets impedes the operation of fire trucks, police cars
and other emergency vehicles as well as the operation of street sweepers and refuse collection
iehicles.
(b) It is the purpose of the city council in adopting the provisions of this chapter to:
(1 ) Impose reasonable requirements of dedication and improvements upon
iersons engaged in the development, construction, reconstruction or remodeling of buildings
Nhich tend to result in increased demands upon the existing public rights-of-way and streets and
iighways in the city thereby increasing the danger to the public health, safety and welfare; (2) Extend the basic requirements of the Subdivision Map Act by establishing
;tandards and requirements for dedication and improvements in connection with the development
if land in which no subdivision is involved;
(3) Alleviate the undesirable situation found to exist in subsection (a) by spreading
he cost of public improvements upon abutting property in an equitable manner and by causing
he installation of those improvements required by the city to serve property about to be
leveloped at the time of its development.
(c) The city council intends to require, in accordance with the provisions of this chapter,
he dedication of portions of the public rights-of-way including streets, highways, alleys and storm
lrain facilities and the construction of improvements contiguous to the property from the property
ine to the centerline of the public rights-of-way as necessitated by the nature and type of building
)r structure being constructed and the use to which the property is being put.
SECTION 2: That Section 18.40.020 of the Carlsbad Municipal Code is amended to
.cad as follows:
Irdinance No. NS-555 page 1 of 4
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18.40.020 Definitions. For the purposes of this chapter, the following words and phrases shall have the meaning
respectively ascribed in them by this section:
(1) "Alley" means a public or private way permanently reserved as a secondary means of
access to abutting property.
(2) "Building" includes any building, structure or dwelling of which the cost price of
erecting the same is in excess of the sum of fifteen thousand dollars as determined by building
permit valuation.
(3) "Improvements" includes, but is not limited to, sidewalks, gutters, pavement,
driveways, curbs, streets, alleys, storm drain facilities, water systems, sanitary sewer systems,
street lighting, fire protection installation, undergrounding of utility facilities and pavement
transitions.
(4) "Person" means any person, firm, partnership, association, corporation, company or
organization of any kind. The term "person" also includes any owner, lessee or agent
constructing or arranging for the construction, modification, or alteration of a building or dwelling.
(5) "Alternative Design Streets" means any street designated by Resolution of the City
Council as an "Alternative Design Street" subject to the Alternative Street Design Approval Process used to determine the final improvement standards for the designated street.
SECTION 3: That Section 18.40.030 of the Carlsbad Municipal Code is amended of to
read as follows:
18.40.030 Dedications reauired.
(a) Any person who constructs or causes to be constructed any building in the city shall
have provided by means of an irrevocable offer of dedication, grant of easement or other
appropriate conveyance, as approved by the city attorney, the rights-of-way necessary for the
construction of any street, highway, or alley as shown on the circulation element of the general
plan, any applicable specific plans, or as otherwise required by the city engineer in accord with
an established street system or plan. Rights-of-way shall also be provided for any improvements
to existing facilities including rights-of-way for storm drains or other required public facilities. All
rights-of-way shall be accompanied by a title examination report and be free of all liens and
encumbrances.
(b) The dedications or irrevocable offer of dedication required by subsection (a) shall also
apply to any person who enlarges, expands, or causes to be enlarged, or expanded any building
in the city if the cost of such work exceeds the sum of fifteen thousand dollars as determined by
building permit valuation. Said amount to be increased annually consistent with International
Conference of Building Officials valuation schedule for the appropriate construction type.
(c) The dedications required by this chapter shall be made prior to issuance of the building permit for the subject property.
SECTION 4: That Section 18.40.040 of the Carlsbad Municipal Code is amended to
read as follows:
18.40.040 Public immovements rewired.
(a) Any person who constructs or causes to be constructed any building in the city shall
construct all necessary improvements in accordance with city specifications upon the property
and along all street frontages adjoining the property upon which such building is constructed unless adequate improvements already exist. In each instance, the city manager shall determine
whether or not the necessary improvements exist and are adequate. Each building permit
application shall be so endorsed at the time it is issued.
(b) The improvements required by subsection (a) of this section shall also apply to any
person who enlarges or expands or causes to be enlarged or expanded any building in the city if
the cost of such work exceeds seventy-five thousand dollars and increases the size of the
Ordinance No. NS-555 page 2 of 4
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building. Said amount to be increased annually consistent with International Conference of
Building Officials valuation schedule for the appropriate construction type.
SECTION 5: That Section 18.40.070 of the Carlsbad Municipal Code is amended to
read as follows:
18.40.070 Deferral of improvement reauirements.
Upon written application, the city manager by written order may defer any of the
improvements required by this chapter if he finds that the public health, safety and welfare of the
inhabitants of the city will not be endangered by the deferment of the construction of the improvements and that any one of the following exists:
(1) There is a lack of adequate data in regard to the grades, plans or surveys which
complicate the construction of the improvements and indicate they should be deferred to a later
time.
(2) The construction of the improvements is included in an approved or pending
assessment district or otherwise guaranteed as provided by city ordinance.
(3) Construction of the improvements would be incompatible with the present state of the
neighborhood’s development or be impractical or premature because of the condition of the
surrounding property.
(4) Construction of the improvements would create a hazardous or defective condition.
(5) Improvement would be to a street designated by Resolution of the City Council as an
“Alternative Design Street” and subject to the “Alternative Street Design Approval Process”.
(6) Improvements are not continuous with existing improvements and construction would
be impractical.
SECTION 6: That Section 18.40.090 of the Carlsbad Municipal Code is amended to
read as follows:
18.40.090 Conditions of deferral.
Any deferral of improvements pursuant to Section 18.40.070 shall be conditioned on the
Rling with the city manager of a neighborhood improvement agreement in a form satisfactory to
the city attorney which provides that the property owner will construct the improvement at such
time as an improvement district or neighborhood improvement program is adopted. The city
Tanager is authorized to execute such agreement on behalf of the city. Such agreement must
De received and recorded prior to issuance of a building permit. If the building permit is not
sxercised, the city manager is authorized to execute a release of agreement for the subject
xoperty. Prior to the recordation of a neighborhood improvement agreement, there shall be paid to
ihe engineering department a fee as set by resolution of the city council for the processing of the
agreement.
SECTION 7: That Title 18, Chapter 18.40, Section 18.40.130 of the Carlsbad Municipal
Code is repealed.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption
and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and cause it to
,e published at least once in a newspaper of general circulation in the City of Carlsbad within
lfteen (1 5) days after its adoption.
3rdinance No. NS-555 page 3 of 4
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INTRODUCED AND FIRST READ at a regular meeting of said City Council held on the
25th dayof Julv ,2000, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 1st day of August , 2000 by the following vote, to wit:
AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ATTEST: &i3/.- (
M. WOOD, City Clerk (SEAL)
Ordinance No. NS-555 page 4 of4