HomeMy WebLinkAbout2005-03-22; City Council; 18009; Subdivision Design Provide Communication SystemsCITY OF CARLSBAD - AGENDA BILL
AB# 18,009
MTG. 3/22/05
DEPT. CA
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TI LE:.AMENDMENT OF CARLSBAD MUNICIPAL CODE, 34- LE 20, CHAPTER 20.16, SECTION 20.16.040(d) TO
R&XJlRE THE DESIGN OF A SUBDIVISION TO PROVIDE
FOR COMMUNICATION SYSTEMS, INCLUDING TELEPHONE
AND INTERNET SERVICES.
DEPT. HD.
CITY ATTY. K
CITYMGR.
RECOMMENDED ACTION:
Introduce Ordinance NS-745 , amending Section 20.16.040(d) of Chapter 20.16 of the
Carlsbad Municipal Code to require the design of a subdivision to provide for communication
systems, including telephone and internet service.
ITEM EXPLANATION:
Senate Bill 1037 amended Government Code section 66473.3, effective January 1, 2005.
The Government Code previously provided that the legislative body of a city or county may,
by ordinance, require the design of a subdivision for which a tentative map or parcel map is
required pursuant to Government Code section 66426, to provide for appropriate cable
television systems for each parcel in the subdivision. As amended, this section requires the
design of a subdivision to also provide for communication systems including, but not limited
to, telephone and internet services, to each parcel in the subdivision. The required
improvements continue to be inapplicable to the conversion of existing dwelling units to
condominiums, community apartments, or stock cooperatives.
The proposed Municipal Code amendment, as shown in Exhibits A and B, is necessary to
bring the Carlsbad Municipal Code subdivision requirements into conformance with the new
state law under the Subdivision Map Act. These additional requirements will allow the City
to insure that new subdivisions provide for adequate communication systems to residences
in keeping with current technology.
ENVIRONMENTAL REVIEW:
The Planning Director has determined that the recommended action is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to California
Code of Regulations: Title 14, Division 6, Chapter 3, Article 5, section 15061, in that it can be
seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.
FISCAL IMPACT:
The developer will bear the cost of designing the subdivision to accommodate appropriate
communication systems as a condition of development. There is no fiscal impact to the City.
EXHIBITS: A. Ordinance No. NS-745
B. Redline Version
DEPARTMENT CONTACT:
Jane Mobaldi, (760) 434-2891
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ORDINANCE NO. NS-745
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING TITLE 20, CHAPTER 20.16, SECTION
20.16.040(D) TO REQUIRE THE DESIGN OF A SUBDIVISION TO PROVIDE FOR COMMUNCATION SYSTEMS, INCLUDING TELEPHONE AND INTERNET SERVICES
WHEREAS, the Subdivision Map Act, Government Code section 66453.3 was
3mended effective January 1,2005;
WHEREAS, that amendment entitles the legislative body of a city, by ordinance, to
require the design of a subdivision where a tentative map or parcel map is required to provide for
Zommunication systems, including but not limited to telephone and internet services, to each
parcel in the subdivision; and
WHEREAS, the City Council has determined it is in the best interest of the City of
Carlsbad to provide new residences with the capability of accessing all available communication
systems, in addition to the existing requirement for access to appropriate cable television systems;
and
WHEREAS, the Planning Director has found that the requested code amendment is
exempt from the requirements of the California Environmental Quality Act; and
WHEREAS, the proposed amendment to Carlsbad Municipal Code section
21.16.040(d) is in compliance with the provisions of Subdivislon Map Act effective January 1,
2005,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Carlsbad,
California, as follows:
1. That section 20.16.040(d) of the Carlsbad Municipal Code is amended to read as follows;
“(d) The design of any subdivision for which a tentative map or parcel map is
required pursuant to government code section 66426 shall provide for appropriate cable television systems and for communication systems, including, but not limited to, telephone and internet services, to each parcel in the subdivision. All new utility distribution facilities, including cable
television conduit and lines, and-communications systems, within the boundaries of any new
subdivision or within the half-street abutting a new subdivision, shall be placed underground. All existing utility distribution facilities shall be placed underground within the boundaries of any new
subdivision or within any half-street abutting any new subdivision except where the existing
facilities within any single half-street section abutting the new subdivision span a distance of less than six hundred feet, or where it is determined by the city engineer that it is not practicable to
place the existing facilities underground within any single half-street section due to the existence of
overhead utility services to properties on the opposite side of that half-street section, in which cases the subdivider shall execute and record a covenant running with the land not to oppose a
local improvement district for underground placement of utilities. In developments where overhead
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tnderground within any single half-street section due to the existence of overhead utility
iervices to properties on the opposite side of that half-street section, in which cases the
iubdivider shall execute and record a covenant running with the land not to oppose a local
mprovement district for underground placement of utilities. n developments where overhead utility distribution facilities are allowed to remain, all new
iervices to existing lots and lots created according to the provisions of this title shall be
nstalled underground from the nearest utility pole. The subdivider is responsible for complying with the requirements of this subsection, and he ihall make the necessary arrangements with each of the serving utilities, including
ranchised cable television operators, and communication svstem providers. includlna
)ut not limited to telephone and internet services, for the installation of such facilities. rransformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other acilities necessarily appurtenant to such underground utilities and street lighting systems nay be placed aboveground, subject to approval of the city engineer as to type and location. The provisions of this subsection shall not apply to the installation and maintenance of
iverhead electric transmission lines in excess of thirty-four thousand five hundred volts and
ong-distance and trunk communication facilities. The installation of cable television lines nay be waived when, in the opinion of the city council, no franchised cable television )perator is found to be willing and able to install cable television lines in the subdivision. Uotwithstanding any such waiver, the installation of cable television conduits is required.
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
me in a newspaper of general circulation in the City of Carlsbad within fifteen days after its
2doption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council
mthe 22nd dayof MARCH , 2005, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Zarlsbad on the day of , 2005, by the following vote, to wit:
AYES:
NOES:
ABSENT:
EXHIBIT 2
(d) The deslqn of anv subdivision for which a tentative map or parcel man is
required pursuant to qovernment code section 66426 shall provide for appropriate cable television svstems and for communication svstems,
includinq. but not limited to, telephone and internet services, to each parcel
in the subdivision. All new utility distribution facilities, including cable television
conduit and lines, and communications svstems, within the boundaries of any
new subdivision or within the half-street abutting a new subdivision, shall be
placed underground. All existing utility distribution facilities shall be placed
underground within the boundaries of any new subdivision or within any half-street
abutting any new subdivision except where the existing facilities within any single
half-street section abutting the new subdivision span a distance of less than six hundred feet, or where it is determined by the city engineer that it is not
practicable to place the existing facilities underground within any single half-street
section due to the existence of overhead utility services to properties on the
opposite side of that half-street section, in which cases the subdivider shall
execute and record a covenant running with the land not to oppose a local improvement district for underground placement of utilities.
In developments where overhead utility distribution facilities are allowed to remain,
all new services to existing lots and lots created according to the provisions of this
title shall be installed underground from the nearest utility pole.
The subdivider is responsible for complying with the requirements of this subsection, and he shall make the necessary arrangements with each of the
serving utilities, including franchised cable television operators, and
communication svstem providers. includina but not limited to teleehone and internet services, for the installation of such facilities. Transformers, terminal
boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily
appurtenant to such underground utilities and street lighting systems may be
placed aboveground, subject to approval of the city engineer as to type and
location. The provisions of this subsection shall not apply to the installation and
maintenance of overhead electric transmission lines in excess of thirty-four
thousand five hundred volts and long-distance and trunk communication facilities.
The installation of cable television lines may be waived when, in the opinion of the
city council, no franchised cable television operator is found to be willing and able
to install cable television lines in the subdivision. Notwithstanding any such waiver,
the installation of cable television conduits is required.
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20.20.060 Additional data on final subdivision maps.
Every final subdivision map shall:
(1) Contain a definite description of the land subdivided by references to recorded deeds,
recorded maps and official United States surveys. Reference to tracts, recorded deeds
and recorded maps shall be spelled out, worded identically with original records and show the book and page of records or map numbers;
(2) Show the basis of bearings used, the relationship of the bearings to the true meridian,
and the north point of the map shall appear on each sheet thereof;
(3) Show the acreage of all parcels containing one acre or more to nearest hundredth;
(4) Clearly indicate, by description or a distinctive boundary line, any area subject to
flooding at times of high tide or heavy rainfall, and state that such area is subject to
flooding at times of high tide or heavy rainfall;
(5) Show a solid line separating all private ways, easements and other rights-of-way not to
be accepted as public streets and shown on the map from public streets and clearly
designate their nature and the manner in which the right is resewed or granted;
(6) Bear the name and the Carlsbad tract number of the subdivision on every sheet of the
(7) Indicate the exterior boundary of the land included within the subdivision by distinctive symbols and clearly so designate. The map shall show the definite location of the
subdivision, and particularly its relation to surrounding surveys. If the map includes a designated remainder parcel or a parcel designated as "not a part," and the gross area of
that parcel is five acres or more, that parcel need not be shown on the map and its location
need not be indicated as a matter of survey but may be indicated by deed reference to the existing boundaries of the remainder parcel.
IS\ As a reauirement of the Carlsbad City Council. the desian of a subdivision for which a
tentative maD or parcel map is reauired Dursuant to Section 66426. shall Drovide for aDDroDriate cable television svstems and for communication systems. includina, but not
limited to, teleDhone and Internet services, to each Darcel in the subdivision.
fs) (9)Additional information as required by the city engineer which may include, but is not
limited to, building setback lines, flood hazard zones, seismic lines and setbacks, airport influence areas, archaeological sites and other restricted areas. The additional information
shall be in the form of a separate document or an additional map sheet which shall
indicate its relationship to the final or parcel map, and shall contain a statement that the additional information is for informational purposes, describing conditions as of the date of
filing, and is not intended to affect record title interest.
map;
? MAR. 8. 2005 3:UUPM NU, bY9I Y. I
BUILDING INDUSTRY ASSOCIATION
OF SAN DIEGO COUNTY
6336 GREENWICH DRIVE, SUITE A
SAN OIEGO, CA 92122-5994
PHONE: [858j 450-1221 Ext.106
FAX: [858] 552-1445
BUILDING INDUSTRY EMAIL: scott@biasd.org
ASSOCIATION OF
SAN DIEGO COUNTY
AGENDA- #
TOTAL # OF PACES (INCLUDING COVER): 2 C: Mayor
DATE:
FROM:
TO:
COMPANY:
FAX #:
MESSAGE:
Good Afternoon!
March 8, 2005
Scott Molloy,
Public Policy Advocate
Honorable Claude Lewis
Honorable Matt Hall
Honorable Mark Packard
Honorable Ann Kulchin
Honorable Norine Sigafoose
City of Carlsbad
760-720-946 1
I ' CITYOFCARLSBAD ' I CITY CLERK'S OFFICE
Please find the attached letter regarding: Item 4: Ordinance to require subdivision
design to provide for Communication Systems.
Thank you in advance for your consideration1
Scott
6336 Greenwich Drive, SUI& A
San Diego, CA 921 22-5922
P 858.450.1211
F 858.552.1 445
*
www. biasandiego.org
PRESIDENT
Scot Sandstrom
Trimark Pacific Homes
VICE PRESIDENT
Horace Hogan It Brehm Communities
ntmsunen I SECRETARV
Scott Brurreau
Newport Nabonal Corp.
NO. 6957- P. 2 . ___~
March 8,2005
Honorable Claude Lewis
Mayor
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad. CA 92008
RE: Item 4: Ordinance to require subdivision design to provide for
Communication systems
Dear Mayor Lewis and Members of he City Council:
IUMEDIATE PAST PRESIDENT
Mlke Levesque
Lennar
CHI€# EXECUTIVE OFFICER
Paul A. Tryon
California Building
Industry Association
Nadonal Association
of Home Bullders
National Aslsociasion
of Industrial and
Office Properties
The Building Industry Association represents 1,450 member companies with a
workforce of 165,OOO San Diegans. We have several concerns with the proposed
amendments to the Carlsbad Municipal Code as they relaw to Senate Bill 1037.
As we understand it, Senate Bill 1037 does not require a city to amend their municipal
code to rcquirc the design of a subdivision to provide for communication and cable
systems. The bill says a city “may” require. Therefore, the city is not required at this
time to make any changes to their municipal code.
It is not clear with the proposed code change whether all cable and communicm-on
systems providers will have to be accommodated in the subdivision or whether only
certain providers will have to he accommodated. The planning and design of the
communication and cable systems is typically handled sfrer the dry utilities havc been
planned and designed. Typically, cable and communication systems can be pl~d in the
same trench as the dry utililies. It is important to note however that SDGBtE will not allow the placement of conduits in its trenches unless the conduits are owned by
franchise utilities. Therefore, the requirement to install cable television conduits my be
in conflict with SDGgE policy if no franchise cable providers exisr 10 serve the project.
We would like to have additional time to understand the implications of the proposed
code changes. We request that you continue this item for two weeks to allow the
Building Industry Association to meet with rhe city’s public works department and the
city attorney’s office to resolve our concerns. Thank you for your consideration of our
request.
Very truly yours,
Scott C. Molloy
Public Policy Advocate
Cc: Jane Mobaldi, Esq.. Office of the City Attorney Mr. Bob Wojcik, Department of public Works
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BUILDING INDLISTRV AISOCIATION OF JAN DILCO COUNTY