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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. 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 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: 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 20 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 llll /Ill llll Ill1 Ill1 Ill/ Ill/ Ill/ 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 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 3 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 “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.” .. 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 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.” 2