HomeMy WebLinkAbout2002-09-17; City Council; 16892; Amending Municipal Code to Reflect New LawCITY OF CARLSBAD -AGENDA BILL f
AB# 16,892 ADOPTION OF ORDINANCE NO. NS-636 DEPT.HD.
MTG. 9-17-02 CITY ATTY. AMENDING THE CARLSBAD
DEPT. CLK MUNICIPAL CODE TO REFLECT NEW CITY MGR LAW EFFECTIVE JANUARY 1,2002
RECOMMENDED ACTION:
Adopt 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 to the Carlsbad Municipal Code to
reflect new law effective January 1, 2002.
ITEM EXPLANATION:
Ordinance No. NS-636 was introduced and first read at the City Council meeting held on
September 10, 2002. 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. 16,879 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-636
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ORDINANCE NO.
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 20.24.150(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 illeqally 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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"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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Pane 7 of 3 of Ordinance No. NS-636
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PASSED AND ADOPTED at a regular meeting of the City
11 Council of the City of Carlsbad on the 17th of SEPT. , 2002, by the
following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, Hz
NOES: None
ABSENT: Council Member Kulchin
VED AS TO FORM AND LEGALITY
ATTESR
J E M. WOOD, City Clerk
Page 3 of 3 of Ordinance No. 3
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 tw&m
or -fewer adioininq parcels, provided the city engineer
determines that the boundary adjustment does not:
(1) Create any additional lots;
12) Involve adiustments between five or more existinq adioininq
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; (E7) Violate the provisions of Titles 18, 21 or 22 of this code;
(68) Alter the city limit boundary;
(7%) 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 existinq adioininq 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 bu+” zoning and building laws, pertaining to lots (Titles 482J and Ztu
md-22 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 adjoining
parcels shall be subiect 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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