HomeMy WebLinkAbout2002-09-10; City Council; 16879; Amend Sections of Municipal Code to Reflect LawCITY OF CARLSBAD - AGENDA BILL 17
4B# 16,879 DEPT. HD. TITLE:. TO AMEND SECTIONS 20.36.020 AND 20.36.060 OF
IIITG. 9-10-02
CHAPTER 20.36 AND SUBSECTION 20.24.150(b)(2) OF
CHAPTER 20.24 OF THE CARLSBAD MUNICIPAL CODE TO
REFLECT CHANGES IN THE LAW EFFECTIVE JANUARY 1, CITY ATTY. &
IEPT. CA CITY MGR.+ 2002. \
RECOMMENDED ACTION:
Introduce Ordinance No. NS-636 , amending Sections 20.36.020 and
20.36.060 of Chapter 20.36 and subsection 20.24.150(b)(2) of Chapter 20.24 of the
Carlsbad Municipal Code, to reflect with new changes in the law effective January 1,
2002.
ITEM EXPLANATION:
Existing law in 2001 made the Subdivision Map Act inapplicable to a lot line
adjustment between two or more existing adjacent parcels, where land taken from one
parcel was added to an adjacent parcel, and where a greater number of parcels than
originally existed was not thereby created. Senate Bill 497, effective January 1, 2002,
amended sections of the Government Code related to land use, including Government
Code section 66412, which now provides that lot line adjustments involving five or
more parcels are subject to all provisions of the Subdivision Map Act, including the
requirements for a tentative map and final map, with certain limited exceptions.
Carlsbad Municipal Code Chapter 20.36, Section 20.36.060 (Conditions of Approval of
an Adjustment Plat) has been revised to conform with this change in the law.
Government Code section 66412, previously required a local agency or advisory
agency to limit its review and approval of a lot line adjustment between two or more
adjacent parcels to a determination of whether or not the parcels resulting from a lot
line adjustment conformed to the local zoning and building ordinances. The new law
requires that a local agency limit its review and approval of a lot line adjustment
between four or fewer adjoining parcels to a determination of consistency with the
local general plan, any applicable coastal plan, and zoning and building ordinances.
The agency may impose conditions to conform to the local general plan, coastal plan,
and zoning and building ordinances. This change is reflected in the proposed
revisions to Chapter 20 regulating subdivisions in section 20.36.020 (Applicability).
Finally, Senate Bill 210, prompted the attached clarification in Carlsbad Municipal
Code, Section 20.24.150(b)(2) concerning when a parcel map must be prepared. In
2001, Subdivision Map Act, Government Code section 66426.5, provided that a
conveyance of land to, among other entities, a governmental agency, including a fee
interest, easement, or license, is not considered a division of land for purposes of
computing the number of parcels. The new legislation specifically includes the
conveyance of a "leasehold interest" to a governmental agency within these
provisions.
Page 2 of AB #16,879
ENVIRONMENTAL REVIEW
Pursuant to Public Resources Code section 21065 and CEQA Guidelines 15378, this
ordinance does not constitute a "project" within the meaning of CEQA and, therefore,
does not require environmental review.
FISCAL IMPACT:
There will be an indeterminate amount of additional staff time necessary to review tentative and
final maps and compliance with mapping conditions. However this may be offset by any fees
and exactions which may be imposed as mapping conditions.
EXHIBITS:
1. Ordinance No. NS-636 .
2. Redlinelstrikethrough version.
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ORDINANCE NO. NS-636
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING SECTIONS
20.36.020 AND 20.36.060 OF CHAPTER 20.36 AND
SUBSECTION 20.24.1 50(b)(2) OF CHAPTER 20.24
TO THE CARLSBAD MUNICIPAL CODE TO REFLECT
NEW LAW EFFECTIVE JANUARY 1,2002.
The City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Section 20.36.020 of the Carlsbad Municipal Code
is amended to read as follows:
"20.36.020~Applicability.
Notwithstanding any other provisions of this title to the contrary, the
procedure set forth in this chapter shall govern the processing of and
requirements for adjustment plats. An adjustment plat may be filed in accord
with the provisions of this chapter to adjust the boundaries between four or
fewer adjoining parcels, provided the city engineer determines that the
boundary adjustment does not:
(1) Create any additional lots;
(2) Involve adjustments between five or more existing adjoining
parcels;
(3) Include a lot or parcel created illegally unless a certificate of
compliance pursuant to Chapter 20.48 of this code has been approved and
recorded for such lot or parcel;
(4) Impair any existing access or create a need for a new access to
any adjacent lot or parcel;
(5) Impair any existing easement or create a need for a new
easement;
(6) Violate the general plan or the local coastal plan;
(7) Violate the provisions of Titles 18, 21 or 22 of this code;
(8) Alter the city limit boundary;
(9) Require substantial alterations of existing public improvements
or create a need for a new public improvement;
(IO) Adjust the boundary between lots or parcels which are subject
to an agreement for public improvements unless the city engineer finds that
the proposed adjustment plat will not materially affect such agreement or the
security therefor."
SECTION 2: That Section 20.36.060 of the Carlsbad Municipal Code
is amended to read as follows:
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2 II Page 2 of 3 of Ordinance No. NS-636
"20.36.060 Conditions of approval.
The city engineer may impose conditions or exactions on the approval
of an adjustment plat between four or fewer existing adjoining parcels to the
extent that the conditions or exactions are necessary to ensure compliance
with the general plan, local coastal plan and applicable provisions of the city's
zoning and building laws, pertaining to lots (Titles 21 and 18 of this code),
including lot frontage, depth and area, access, and requirements such as
setbacks, lot coverage and parking, or to facilitate the relocation of existing
utilities, infrastructure or easements. The conditions imposed by the city
engineer shall be satisfied prior to the recordation of the adjustment plat or
such other document authorized by law to effectuate the lot line adjustment.
Lot line adjustments between five or more existing adjoining parcels shall be
subject to the provisions of the Subdivision Map Act, including the
requirement for the filing of a tentative and final map."
SECTION 3: That Subsection 20.24.150(b)(2) of the Carlsbad
Municipal Code is amended to read as follows:
"20.24.150 Waiver of parcel map.
"Land conveyed to or from a governmental agency, public entity or
public utility, or to a subsidiary of a public utility for conveyance to
such public utility for rights-of-way shall include a fee interest, a
leasehold interest, an easement, or a license."
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 10th day of September and thereafter
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PASSED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad on the of , 2002, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Page 3 of 3 of Ordinance No.
NS-636
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“20.36.020 Applicability.
Notwithstanding any other provisions of this title to the contrary, the
procedure set forth in this chapter shall govern the processing of and
requirements for adjustment plats. An adjustment plat may be filed in accord
with the provisions of this chapter to adjust the boundaries between twsm
or -fewer adioininq parcels, provided the city engineer
determines that the boundary adjustment does not:
(1) Create any additional lots;
(2) Involve adiustments between five or more existinq adioining
parcels; (23) Include a lot or parcel created illegally unless a certificate of
compliance pursuant to Chapter 20.48 of this code has been approved and
recorded for such lot or parcel;
(34) Impair any existing access or create a need for a new access to
any adjacent lot or parcel;
(45) Impair any existing easement or create a need for a new
easement;
(56) Violate the qeneral plan or the local coastal plan;
(51) Violate the provisions of Titles 18, 21 or 22 of this code;
(68) Alter the city limit boundary;
(79) Require substantial alterations of existing public improvements or
create a need for a new public improvement;
(80) Adjust the boundary between lots or parcels which are subject to
an agreement for public improvements unless the city engineer finds that the
proposed adjustment plat will not materially affect such agreement or the
security therefor.”
SECTION 2: That Section 20.36.060 of the Carlsbad Municipal Code
is amended to read as follows:
“20.36.060 Conditions of approval.
The city engineer may impose conditions or exactions on the approval
of an adjustment plat between four or fewer existing adioininq Darcels to the
extent that the conditions or exactions are necessary to ensure compliance
with the general plan. local coastal plan and applicable provisions of the city’s
zoning and buildinq laws, pertaining to lots (Titles and WB
acL22 of this code), includinq lot frontaqe, depth and area, access, and
requirements such as setbacks, lot coveraqe and parkinq. or to facilitate the
relocation of existing utilities, infrastructure or easements. The conditions
imposed by the city engineer shall be satisfied prior to the recordation of the
adjustment plat or such other document authorized by law to effectuate the lot
line adjustment. Lot line adiustments between five or more existinq adioininq
parcels shall be subject to the provisions of the Subdivision Map Act,
includinq the requirement for the filinq of a tentative and final map.”
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SECTION 3: That Subsection 20.24.150(b)(2) of the Carlsbad
Municipal Code is amended to read as follows:
“20.24.150 Waiver of parcel map.
“Land conveyed to or from a governmental agency, public entity or
public utility, or to a subsidiary of a public utility for conveyance to
such public utility for rights-of-way shall include a fee interest, a
leasehold interest, an easement, or a license.”
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