HomeMy WebLinkAbout2004-04-20; City Council; 17597; Section 20.16.095 amendment- -
biTY OF CARLSBAD AGENDP, BILL
AB# 17,597
MTG. 4/20/04
TITLE: AMENDMENT TO TITLE 20, CHAPTER 20.16,
SECTION 20.1 6.095 AS REQUIRED BY REVISIONS TO
GOVERNMENT CODE SECTION 66462.5 (A)
DEPT. HD. I
CITY ATTY. dEI
RECOMMENDED ACTION:
Introduce Ordinance No. NS- 704
Municipal Code. , amending section 20.16.095 of the Carlsbad
ITEM EXPLANATION:
The Subdivision Map Act requires, prior to the approval of a final map, the city, county, or
city and county to negotiate within 120 days of the filing of the final map, for the acquisition
of an interest in land in which neither the subdivider nor the local agency has sufficient title or
interest to construct or install offsite improvements that were part of a tentative map
condition. The Map is “filed” for approval by the City Council when all required certificates or
statements on the Map have been signed and, where necessary, acknowledged. (Gov.
Code 5 66457(a).) The Map Act also provides that, if the local agency fails to meet the 120-
day time limitation, the condition for construction of offsite improvements is conclusively
deemed to be waived.
Assembly Bill 953, amending Government Code section 66462.5 of the Subdivision Map Act,
effective January 1, 2004, provides that the condition requiring offsite improvements is
waived 120-days after the filing of the map unless the city, county, or city and county
requires the subdivider to enter into a specified agreement to complete the offsite
improvements prior to approval of the final map. This bill requires that the waiver occur
whether or not the city, county, or city and county has postponed or refused approval of the
final map.
In practice, the engineering department requires all bonding for offsite improvements, a
deposit for eminent domain proceedings, and proof that the applicant has negotiated with the
property owner of record prior to the filing of the final map. However, this Municipal Code
amendment is necessary in order to bring the municipal code into compliance with the
provisions of the Subdivision Map Act related to offsite improvements and acquisition of
property interests.
FISCAL IMPACT:
None.
ENVIRONMENTAL REVIEW:
Pursuant to CEQA Guidelines section 15060(c)(2), this amendment will not result in a direct
or reasonably foreseeable indirect physical change in the environment.
E-XH I B IT
1. Ordinance No. 704
DeDartment Contact: Jane Mobaldi, 434-2891
ORDINANCE NO. NS- 704
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING SECTION
20.16.095 OF THE CARLSBAD MUNICIPAL CODE TO
BRING IT INTO COMPLIANCE WITH THE SUBDIVISION
MAP ACT
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION 1: That section 20.16.095 of the Carlsbad Municipal Code is
amended to read as follows:
20.1 6.095 Off-Site Improvements--Acquisition Of Property Interests.
Whenever a subdivider is required as a condition of a tentative map to
construct or install off-site improvements on property which neither the subdivider nor
the city owns, then not later than 120 days prior to filing the final map for approval the
subdivider shall provide the city with sufficient information, reports and data, including
but not limited to, an appraisal and title report, to enable the city to commence
proceedings pursuant to Title 7 of Part 3 of the Code of Civil Procedure to acquire an
interest in the land which will permit the improvements to be made, including
proceedings for immediate possession of the property pursuant to Article 3 of said title.
The subdivider shall agree pursuant to Section 20.16.060 to complete the
improvements at such time as the city has a sufficient interest in the property to permit
the construction of the improvements. The subdivider shall bear all costs associated
with the acquisition of the property interests and the estimated cost thereof shall be
secured as provided in Section 20.1 6.070.
If the City has not required the subdivider to enter into an agreement and
the City fails to meet the 120 day limitation, the condition of construction of off-site
improvements shall be conclusively deemed to be waived. The waiver shall occur
whether or not the City has postponed or refused approval of the final map, because
the subdivider has failed to meet a tentative map condition which requires the
construction or installation of off-site improvement on land owned by a third party.
A.
B.
C.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption, and the City Clerk shall certify the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation in the City of Carlsbad
within fifteen days after its adoption.
Ordinance No. NS -704 1 of2
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad
City Council on the 20th day of ADril ,2004, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
, 2004, by the following vote, to City of Carlsbad on the day of
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)
Ordinance No. NS-704 20f2
REDLINE I STRIKEOUT VERSION
20. I 6.095 Off -S i te I m prove men ts --Acq u is i t i on Of Pro pe rty I n teres ts .
A. Whenever a subdivider is required as a condition of a tentative map to
construct or install off-site improvements on property which neither the
subdivider nor the city owns then not later than 120 s&y days prior to filing the
final map for approval the subdivider shall provide the city with sufficient
information, reports and data, including but not limited to, an appraisal and title
report, to enable the city to commence proceedings pursuant to Title 7 of Part 3
of the Code of Civil Procedure to acquire an interest in the land which will permit
the improvements to be made, including proceedings for immediate possession
of the property pursuant to Article 3 of said title.
B. The subdivider shall agree pursuant to Section 20.16.060 to complete
the improvements at such time as the city has a sufficient interest in the property
to permit the construction of the improvements. The subdivider shall bear all
costs associated with the acquisition of the property interests and the estimated
cost thereof shall be secured as provided in Section 20.16.070.
C. If the City has not required the subdivider to enter into an
aareement and the City fails to meet the 120 day limitation, the condition of
construction of off-site improvement shall be conclusively deemed to be
waived. The waiver shall occur whether or not the City has postponed or
refused approval of the final map, nor shall the City postpone or refuse
approval of a final map because the subdivider has failed to meet a
tentative map condition which requires the construction or installation of
off-site improvement on land owned by a third party at the time the final
maD is filed with the local agency, to permit the improvements to be made.
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