HomeMy WebLinkAbout2004-04-27; City Council; 17611; Amendment to Title 20, Chapter 20.16CITY OF CARLSBAD - AGENDA BILL m
4B # 17,611
MTG. 4/27/04
DEPT. CLK
TITLE: AMENDMENT TO TITLE 20, CHAPTER 20.16
OF THE CARLSBAD MUNICIPAL CODE
RECOMMENDED ACTION:
Adopt Ordinance No. NS-704, amending Title 20, Chapter 20.16, Section 20.16.095 of the
Carlsbad Municipal Code to bring it into compliance with revisions to the Subdivision Map
Act (Government Code Section 66462.59(A).
ITEM EXPLANATION
Ordinance No. NS-704 was introduced and first read at the City Council meeting held on
April 20, 2004. 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. 17,597 on file with the City Clerk.
EXHIBITS
1. Ordinance No. NS-704.
DEPARTMENT CONTACT: Karen Kundtz (760) 434-2808,
email: kkund@ci.carlsbad.ca.us
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 20.16.070.
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
City of Carlsbad on the 27th day of April , 2004, by the following vote, to
wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
1 PPROVED AS TO FORM AND LEGAL n /-z
RONALD R. BALL, City Attorney
.ITY
ATTEST:
rLORRAlNE M. WOOD, City Clerk
(SEAL)
Ordinance No. NS-704 20f2
2