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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 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 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: 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 "20.36.060 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 Ill1 Ill1 Ill/ Ill1 Ill/ Ill1 Ill1 Ill1 2 Pane 7 of 3 of Ordinance No. NS-636 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 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 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 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.” .. 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