HomeMy WebLinkAbout2006-07-25; City Council; 18664; Amendment to Title 20 Municipal CodeCITY OF CARLSBAD - AGENDA BILL
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MTG.
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7/25/06
DEPT. Engineering
AMENDMENT TO TITLE 20
CHAPTERS 20.04 AND 20.08 OF THE
CARLSBAD MUNICIPAL CODE
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Introduce Ordinance No.
Municipal Code.
ITEM EXPLANATION:
NS-813 amending chapters 20.04 and 20.08 of the Carlsbad
A large portion of the City's Subdivision Ordinance, Title 20, has not had a comprehensive review and
update since 1986. The City Attorney's Office and City Engineer have begun a multi-year effort to
update all of Title 20. Chapter 20.04, General Regulations, and Chapter 20.08, Fees, are the first of
these updates.
The amendment to Title 20 is needed for a variety of reasons. There have been many changes to the
State Subdivision Map Act that need to be reflected and\or referenced. There have also been
changes to Title 21 (Zoning) and Chapter 15.16 (Grading and Erosion Control) that require
adjustments to Title 20.
All proposed amendments to Chapters 20.04 and 20.08 are for clarity and ease of use.
No substantive changes, additions, or deletions are proposed.
ENVIRONMENTAL IMPACT:
Pursuant to CEQA Guidelines section 15060 (c) (2), these amendments will not result in a
foreseeable indirect physical change in the environment.
FISCAL IMPACT:
None.
EXHIBITS:
1.Ordinance No.
Municipal Code.
NS-813 amending chapters 20.04 and 20.08 of the Carlsbad
2.Reference copy of chapters 20.04 and 20.08 with the additions underlined and the deletions
lined through.
DEPARTMENT CONTACT: Bob Wojcik, 760-602-2733, bwojc@ci.carlsbad.ca.us
fOK CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
Daa
a
CONTINUED TO DATE SPECIFIC d
CONTINUED TO DATE UNKNOWN O
RETURNED TO STAFF D
OTHER - SEE MINUTES D
1 ORDINANCE NO. NS-813
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTERS
3 20.04 AND 20.08 OF THE CARLSBAD MUNICIPAL CODE.
4 The City Council of the City of Carlsbad, California, hereby ordains as follows:
5 SECTION 1: That Section 20.04.020 of the Carlsbad Municipal Code is amended to
6 read as follows:
_ 20.04.020 Definitions.
Words used in this title that are defined in the Subdivision Map Act but not specifically
o defined in this chapter shall have the same meaning as is given to them in the Subdivision Map
Act. Whenever the following words are used in this title, they shall have the meaning ascribed to
0 them in this section:
(1) "Adjustment plat" means a plat prepared pursuant to Chapter 20.36 of this title
iQ and certified by the City Engineer as having been approved pursuant to this title and filed in the
office of the City Engineer.
1 j (2) "Bicycle" means a device upon which any person may ride, propelled by human
power through a belt, chain or gears, and having either two or three wheels in a tandem or
12 tricycle arrangement.
(3) "Bicycle route" means the generic term for all facilities that explicitly provide for
13 bicycle travel by a course which is to be traveled.
(4) "Cable television lines" means electronic cable, conduit and any other
14 appurtenances thereto which distribute television or other electronic signals.
(5) "Conditional certificate of compliance" means a document describing a unit or
15 contiguous units of real property and stating that the fulfillment and implementation of the
conditions set forth therein are required prior to subsequent issuance of a building or grading
16 permit applicable thereto.
(6) "Certificate of compliance" means a document describing a unit or contiguous
17 units of real property and stating that the division thereof complies with applicable provisions of
the Subdivision Map Act and city ordinances enacted pursuant thereto.
18 (7) "City standards" means those standards and specifications, including standard
drawings, as may be adopted from time to time by the City Engineer. These standards are to be
19 on file in the office of the city clerk and in the engineering department.
(8) "Final map" means a map prepared pursuant to Chapter 20.20 of this title and
20 the Subdivision Map Act which, after approval and recordation, is effective to complete the
subdivision of a major subdivision.
21 (9) "Improvement" means:
(A) Such street work and utilities, including ornamental street lights and
22 walkways to be installed or agreed to be installed by the subdivider on land to be used for public
or private streets, highways, ways, bicycle routes and easements, as are necessary for the
23 general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood
control, fire protection and sanitation needs as a condition precedent to the approval of a parcel
24 map or final map;
(B) Any other specific improvements or types of improvements, the
25 installation of which, either by the subdivider, by public agencies, by private utilities, by any other
entity approved by the city council or by a combination thereof, is necessary to ensure conformity
26 to or implementation of the general plan, any specific plan, any applicable local coastal plan or
any applicable master plan adopted according to this title.
27 (10) "Interior lot" means a lot which has side lot lines approximately parallel and
has frontage on only one street.
28
1 (11) "Lot" means lot, parcel or tract of real property.
(12) "Lot area" means the horizontal area within the boundary lines of a lot
2 exclusive of:
(A) The area of any street right-of-way or road easement;
3 (B) Any flood control easement or walkway which, as a condition of
approval of the subdivision map on which the lot is shown, must be fenced; and
4 (C) Any portion of the lot which is less than thirty-five feet wide for a
distance of fifty feet or more and which is designated or used to provide vehicular or pedestrian
5 access to the part of such lot which is designed for use as a building site.
(13) "Major subdivision" means a subdivision of five or more lots.
6 (14) "Minor subdivision" means a subdivision of four or fewer lots.
(15) "Notice of violation" means a recorded document describing a unit or
contiguous units of real property, naming the owners thereof, and describing the manner in which
the real property has been divided, or has resulted from a division in violation of the Subdivision
Map Act and city ordinances enacted pursuant thereto.
8 (16) "Parcel map" means a map prepared pursuant to Chapter 20.32 of this title
and the Subdivision Map Act which, after approval and recordation, is effective to effect the9 subdivision of a minor subdivision.
(17) "Street" means a state highway, county or city road or street, public road,
10 street, alley or thoroughfare.
(18) "Subdivider" means a person, firm, corporation, partnership or association
11 who proposes to divide, divides, or causes to be divided real property into a subdivision for
himself or for others, except that employees and consultants of such persons or entities, acting in
12 such capacity, are not "subdividers."
(19) "Subdivision" means the division, by any subdivider, of any unit or units of
13 improved or unimproved land, or any portion thereof, shown on the latest equalized county
assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing,
14 whether immediate or future except for leases of agricultural land for agricultural purposes.
Property shall be considered as contiguous units, even if it is separated by roads, streets, utility
15 easement or railroad rights-of-way. "Subdivision" includes a condominium project as defined in
Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of
16 Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a stock
cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code. Any conveyance of
17 land to a governmental agency, public entity or public utility shall not be considered a division of
land for purposes of computing the number of parcels.
18 (21) "Tentative map" means a map prepared for the purpose of showing the design
and improvement of a proposed major subdivision, and the existing conditions in and around it,
19 filed with the planning commission precedent to the preparation and filing of a final map which
may but need not be based upon an accurate and detailed final survey of the property.
20 (22) "Tentative parcel map" means a map prepared for the purpose of showing the
design and improvement of a proposed minor subdivision, and the existing conditions in and
21 around it, filed with the City Engineer for approval or conditional approval prior to the preparation
and filing of a parcel map or prior to waiver of the requirement for a parcel map which may but
22 need not be based upon an accurate and detailed final survey of the property.
(23) "Through lot" means a lot having frontage on two parallel or approximately
23 parallel streets.
(24) "Vesting tentative map" means a tentative map for a residential subdivision
24 which conforms to the requirements of Chapter 20.17 and confers upon the subdivider certain
rights established by this title. "Vesting tentative parcel map" means a vesting tentative map
25 prepared in conjunction with a parcel map.
SECTION 2: That Section 20.04.040 of the Carlsbad Municipal Code is amended to26
read as follows:27 //
28
1 20.04.040 Application of Subdivision Map Act.
(a) Except as otherwise expressly provided in this title, all of the provisions of the
2 Subdivision Map Act which apply to subdivisions as defined in that act and all of the provisions of
this title apply to subdivisions as defined in this title.
3 (b) This title shall be inapplicable to:
(1) The financing or leasing of apartments, offices, stores or similar space
. within a duplex, multiple dwelling, apartment building, industrial building, commercial building,
mobile home park or trailer park, or to any parcel of land or portion thereof in conjunction with the
construction of commercial or industrial buildings, unless the project is not subject to review under5 other provisions of this code, or to existing separate commercial or industrial buildings on a single
parcel;
6 (2) Mineral, oil or gas leases;
(3) Land dedicated for cemetery purposes under the Health and Safety
7 Code of the state;
(4) A lot line adjustment between four or fewer existing adjoining parcels,
8 where the land taken from one parcel is added to an adjoining parcel, and where a greater
number of parcels then originally existed is not thereby created, provided an adjustment plat
9 pursuant to Chapter 20.36 of this title for the lot line adjustment is approved by the City Engineer;
(5) Boundary line or exchange agreements to which the State Lands
10 Commission or a local agency holding a trust grant of tide and submerged lands is a party;
(6) Leases of agricultural land for purposes of cultivation of food or fiber or
j! the grazing or pasturing of livestock;
(7) Any separate assessment under Revenue and Taxation Code Section
12 2188.7;
(8) Unless a parcel or final map was approved by the city council, the
conversion of a community apartment project or a stock cooperative to a condominium provided13 that the requirements of Section 66412(g) or (h), respectively, of the State Government Code
have been met and the subdivider provides certification that the requirements have been met;
14 (9) The leasing of or the granting of an easement to, a parcel of land or any
part thereof, in conjunction with the financing, erection, and sale or lease of any wind powered
15 electrical generating device on the land, if the project is not otherwise subject to discretionary
review pursuant to this code.
16 (10) Leases of agricultural land for agricultural purposes. As used in this
subdivision, "agricultural purposes" means the cultivation of food or fiber, or the grazing or
17 pasturing of livestock.
(11) The leasing or licensing of a portion of a parcel, or the granting of an
lg easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as
defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of
19 cellular radio transmission facilities, including, but not limited to, antennae support structures,
microwave dishes, structures to house cellular communications transmission equipment, power
20 sources, and other equipment incidental to the transmission of cellular communications, if the
project is subject to discretionary action by the advisory agency or legislative body.
21 SECTION 3: That Section 20.04.055 of the Carlsbad Municipal Code is amended to
22 read as follows:
23
24 20.04.055 Merger.
(a) This title shall not apply to the sale, lease or financing of one or more
25 contiguous parcels or units of land which have been created under the provisions of city
ordinances regulating the division of real property and the Subdivision Map Act applicable at the
25 time of their creation, or which were not subject to such provisions at the time of their creation,
even though the contiguous parcels or units are held by the same owner; except that if any one of
27 the contiguous parcels or units held by the same owner does not conform to standards for
minimum parcel size to permit use or development under the zoning ordinance of the city and the
28
1 standards established by subsection (c) of this section then those parcels or units shall be
merged.
2 (b) Any parcels or units created prior to January 1, 1979, pursuant to this title or
any predecessor, or which are buildable lots as defined by Section 21.46.210 of the zoning
3 ordinance of the city and which merged pursuant to the Subdivision Map Act and have not been
deemed merged pursuant to this section or any of its predecessors, are exempted from the
4 merger provisions of this section and those parcels or units shall be deemed unmerged and
separate parcels, except that any parcels which merged under the provisions of this title after
5 January 1, 1979 shall remain merged if the provisions of subsection (f) of this section are met.
Further, any parcels or units which do not conform to the standards established by subsection (c)
6 of this section shall be merged.
(c) Contiguous parcels or units of land held by the same owner, on the date that
7 notice of intention to determine status is filed, shall be merged if one of the parcels or units does
not conform to the minimum parcel size to permit use or development under Title 21 of this code
8 and if all of the following requirements are satisfied:
(1) At least one of the affected parcels is undeveloped by any structure for
9 which a building permit was issued or for which a building permit was not required at the time of
construction, or is developed only with an accessory structure or accessory structures, or is
10 developed with a single structure, other than an accessory structure, that is also partially sited on
a contiguous parcel or unit.
11 (2) With respect to any affected parcel, one or more of the following
conditions exists:
12 (A) Comprises less than five thousand square feet in area at the
time of the determination of merger;
(B) Was not created in compliance with applicable laws and
ordinances in effect at the time of its creation;14 (C) Does not meet current standards for sewage disposal and
domestic water supply;
15 (D) Does not meet slope stability standards;
(E) Has no legal access which is adequate for vehicular and safety
equipment access and maneuverability;
(F) Its development would create health or safety hazards;
(G) Is consistent with the applicable general plan and any
applicable specific plan, other than minimum lot size or density standards.
(3) Subsection (c) (2) of this section shall not apply if one of the following
conditions exist:
(A) On or before July 1, 1981, one or more of the contiguous parcels
or units of land is enforceably restricted open-space land pursuant to a contract, agreement,
scenic restriction, or open-space easement, as defined and set forth in Section 421 of the
,. Revenue and Taxation Code.
(B) On July 1, 1981, one or more of the contiguous parcels or units
~~ of land is timberland as defined in subdivision (f) of Section 51104, or is land devoted to an
agricultural use as defined in subdivision (b) of Section 51201.
(C) On July 1, 1981, one or more of the contiguous parcels or units
of land is located within 2,000 feet of the site on which an existing commercial mineral resource
24 extraction use is being made, whether or not the extraction is being made pursuant to a use
permit issued by the local agency.
25 (D) On July 1, 1981, one or more of the contiguous parcels or units
of land is located within 2,000 feet of a future commercial mineral extraction site as shown on a
plan for which a use permit or other permit authorizing commercial mineral resource extraction
has been issued by the local agency.
27 (E) Within the coastal zone, as defined in Section 30103 of the
Public Resources Code, one or more of the contiguous parcels or units of land has, prior to July
28
1 1, 1981, been identified or designated as being of insufficient size to support residential
development and where the identification or designation has either (i) been included in the land
2 use plan portion of a local coastal program prepared and adopted pursuant to the California
Coastal Act of 1976 (Division 20 of the Public Resources Code), or (ii) prior to the adoption of a
3 land use plan, been made by formal action of the California Coastal Commission pursuant to the
provisions of the California Coastal Act of 1976 in a coastal development permit decision or in an
4 approved land use plan work program or an approved issue identification on which the
preparation of a land use plan pursuant to the provisions of the California Coastal Act is based.
5 For purposes of paragraphs (C) and (D) of this subdivision, "mineral resource extraction" means
gas, oil, hydrocarbon, gravel, or sand extraction, geothermal wells, or other similar commercial
6 mining activity.
(d) Whenever the City Engineer has knowledge that real property has merged
7 pursuant to this section he shall mail by certified mail to the current record owner of the property a
notice of intention to determine status. The notice of intention shall state: that the affected parcels
8 may be merged pursuant to this section; that the owner may request, within thirty days from the
date the notice of intention was recorded, a hearing before the City Engineer to present evidence
9 that the property does not meet the standards for merger; and that the notice of intention was
recorded with the county recorder on the date the notice of intention was mailed. Upon receipt of
10 a request for a hearing the City Engineer shall set the hearing for a date not less than thirty days
or more than sixty days from the date of receipt of the request. The property owner shall be
11 notified of the hearing by certified mail. After the hearing the City Engineer shall determine
whether the affected property has merged pursuant to this section. The decision shall be made
and notification of the decision shall be mailed to the property owner within five working days of
the date of the hearing. If the parcels have merged the City Engineer shall file a notice of merger
with the county recorder within thirty days from the date of the hearing unless the decision has
been appealed as provided in subsection (e) of this section. The notice of merger shall specify
the name or names of the record owner or owners and shall particularly describe the real
property. If the parcels have not merged the City Engineer shall record a release of the notice of
intention within thirty days from the date of the decision, and shall mail a copy of the release to
the owner. If no hearing is requested the decision shall be made not later than ninety days after
16 the mailing of the notice of the opportunity for a hearing. A hearing on the determination of status
may be postponed or continued upon the mutual consent of the City Engineer and the property
owner.
(e) If the owner requested a hearing, the decision of the City Engineer may be
appealed to the city council within ten calendar days of the date of mailing the notice of decision
by filing a written appeal with the city clerk. A fee established by city council resolution shall be
paid at the time of filing the appeal. Upon receipt of an appeal and payment of the feet the city
clerk shall place the matter on the council agenda not less than thirty nor more than sixty days
from the date of the appeal. If after a hearing the council grants the appeal the city clerk shall
record within thirty days with the court recorder a release of the notice of intention. If the appeal is
denied the city clerk shall within thirty days record a notice of merger with the county recorder. A
22 copy of either the release or the notice of merger shall be sent to the owners.
(f) For purposes of this section, when determining whether contiguous parcels are
held by the same owner, ownership shall be determined as of the date that notice of intention to
determine status is recorded.
24
25 SECTION 4: That Section 20.04.080 of the Carlsbad Municipal Code is amended
to read as follows
27 //
28
1 20.04.080 Soil reports.
(a) A preliminary soils report, prepared by a civil engineer registered in this state
2 and based upon adequate test borings, shall be submitted to the appropriate official or body for
every subdivision.
3 (b) A preliminary soils report may be waived by the City Engineer providing the
City Engineer finds that, due to the knowledge the city has as to the soils qualities of the soils in
4 the subdivision, no preliminary analysis is necessary.
(c) The preliminary soils report may be submitted to the city engineer for review.
5 The city engineer may review the preliminary soils report and may require additional information
or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory.
6 (d) If the city has knowledge of, or the preliminary soils report indicates, the
presence of critically expansive soils or other soils problems which, if not corrected, would lead to
7 structural defects, a soils investigation of each lot in the subdivision may be required by the City
Engineer.
8 (e) If the preliminary soils report indicates the presence of rocks or liquids
containing deleterious chemicals which, if not corrected, could cause construction materials such
9 as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each
potentially affected lot in the subdivision may be required.
10 (f) Any soils investigation required pursuant to this section shall be done by a civil
engineer registered in this state, who shall recommend the corrective action which is likely to
11 prevent structural damage to each structure proposed to be constructed in the area where the
soils problem exists.
12
The city council or City Engineer may approve the subdivision or portion thereof
where such soils problems exist if it determines that the recommended action is likely to prevent
structural damage to each structure to be constructed and a condition to the issuance of any
14 building permit may require that the approved recommended action be incorporated in the
construction of each structure.15
SECTIONS: That Section 20.04.120 of the Carlsbad Municipal Code is amended to16
read as follows
20.04.120 Designated remainder parcel.
(a) When a subdivision, as defined in Section 20.04.020, is of a portion of any unit
or units of improved or unimproved land, the subdivider may designate as a remainder that
portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the
subdivider may omit entirely that portion of any unit of improved or unimproved land which is not
divided for the purpose of sale, lease, or financing.
If the subdivider elects to designate a remainder or omit entirely that portion, the
following requirements shall apply:
(1) The designated remainder or omitted portion shall not be counted as a
parcel for the purpose of determining whether a parcel or final map is required.
(2) The fulfillment of construction requirements for improvements, including
the payment of fees associated with any deferred improvements, shall not be required until a
permit or other grant of approval for development of the remainder or omitted parcel is issued.
Fulfillment of the construction requirements, including the payment of fees associated with any
25 deferred improvements, within a reasonable time following approval of the final map and prior to
the issuance of a permit or other grant of approval for the development of a remainder parcel may
be required upon a finding by the city council that fulfillment of the construction requirements is
necessary for reasons of:
27 (A) The public health and safety; or
28
1 (B) The required construction is a necessary prerequisite to the
orderly development of the surrounding area.
2 (b) A designated remainder or any omitted parcel is required to obtain a certificate
of compliance or conditional certificate of compliance pursuant to the provisions of Chapter 20.48
3 of this code, prior to any further development of the parcel.
4 Prior to the issuance of a certificate of compliance or conditional certificate of the
City Engineer shall make a determination under Section 20.16.040(h) of this code whether
5 improvements should be required for the designated remainder or omitted parcel. The
improvement requirements may be imposed as a condition of the certificate of compliance. For
6 the purposes of this title a parcel designated as "not a part" shall be deemed to be a designated
remainder parcel.
7
SECTION 6: That Section 20.04.020 of the Carlsbad Municipal Code is amended
8 to read as follows
9
20.04.140 Covenants for easement.
10 (a) Whenever under the provisions of Titles 18, 20 or 21 of this code an easement
is necessary or required for parking, ingress, egress, emergency access, light and air access,
1 landscaping, drainage, private utilities, sewer/storm drain access or open space purposes, the
easement may be created by a covenant pursuant to this section.
12 (b) At the time of recording of the covenant of easement all the property benefited
or burdened by the covenant shall be in common ownership. The covenant shall be effective
13 when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section
801) of Title 2 of Part 2 of Division 2 of the Civil Code except that it shall not merge into any other
interest in the real property. Section 1104 of the Civil Code shall be applicable to conveyance of
the affected real property. The covenant of easement shall describe the real property subject to
the easement and the real property benefited by the easement. The covenant of easement shall
also identify the approval permit or designation granted which relied upon or required the
covenant.
(c) A covenant of easement shall be enforceable by the owner of the real property
1' benefited by the covenant, and by the successors in interest to the real property benefited by the
covenant. The covenant of easement shall be recorded in the office of the county recorder. Upon
recordation, the burdens of the covenant shall be binding upon and the benefits of the covenant
shall inure to all successors in interest to the real property.
(d) The covenant of easement may be released upon the application of any person
after a public hearing by the planning commission. Notice of the public hearing shall be given
pursuant to Section 21.54.060(1) of this code. The planning commission may authorize the
planning director to record a release of the covenant if it determines that the restriction of the
property is no longer necessary to achieve the land use goals of the city. An application for
22 release of a covenant shall be accompanied by a fee in an amount designated by city council
resolution. A request for release of a covenant of easement may be consolidated with any other
application for discretionary approval under this Code,
(e) This section is adopted pursuant to Article 2.7 commencing with Section 65870
of Chapter 4 of Division 1 of Title 7 of the Government Code.
25 "
26 "
27 "
28
1 SECTION 7: That Section 20.08.140 of the Carlsbad Municipal Code is amended
to read as follows:
2
20.08.140 Bridge crossing and major thoroughfares.
3 (a) The purpose of this section is to make provision for assessing and collecting
fees as a condition of approval of a final map, parcel map or as a condition of issuing a building
4 permit for the purpose of defraying the actual or estimated costs of constructing bridges or major
thoroughfares pursuant to Section 66484 of the Subdivision Map Act.
5 (b) Whenever the following words are used in this section, they shall have the
following meaning:
6 (1) "Construction" means design, acquisition of right-of-way, administration
of construction contracts and actual construction;
7 (2) "Major thoroughfare" means a roadway as shown on the circulation
element of the general plan whose primary purpose is to carry through traffic and provide a
8 network connecting to the state highway system.
(c) Whenever this section refers to the circulation element of the general plan or to
9 the transportation or flood control provisions thereof, it shall mean the circulation element of the
general plan and the transportation and flood control provisions thereof heretofore adopted by the
10 city pursuant to Chapter 3 of Title 7 of the Government Code, together with any additions or
amendments thereto hereafter adopted.
(d) Prior to filing a final map or parcel map which includes land within an area of
benefit established pursuant to this section, the subdivider shall pay or cause to be paid any fees
12 established and apportioned to said property pursuant to this section for the purpose of defraying
the actual or estimated cost of constructing bridges over waterways, railways, freeways or
canyons or constructing major thoroughfares.
(e) Prior to the issuance of a building permit for construction on any property within
14 an area of benefit established pursuant to this section, the applicant for such permit shall pay or
cause to be paid any fees established and apportioned pursuant to this section for the purpose of
15 defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways
or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to
16 subsection (d) of this section.
(f) Notwithstanding the provisions of subsections (d) and (e) of this section:
(1) Payment of bridge fees shall not be required unless the planned bridge
facility is an original bridge serving the area or an addition to any existing bridge facility serving
the area at the time of adoption of the boundaries of the area of benefit;
(2) Payment of major thoroughfare fees shall not be required unless the
major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares
serving the area at the time of the adoption of the area benefit.
(g) Prior to establishing an area of benefit, a public hearing shall be held by the city
council, at which time the boundaries of the area of benefit, the costs, whether actual or
estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment,
22 and the fee to be collected, shall be established. Notice of the public hearing shall be given
pursuant to Section 65091 of the Government Code. In addition to the requirements of Section
65091 of the Government Code, such notice shall contain preliminary information related to the
boundaries of the area of benefit, estimated cost and the method of fee apportionment.
(h) At any time not later than the hour set for hearing objections to the proposed
bridge facility or major thoroughfare, any owner of property to be benefited by the improvement
25 may file a written protest against the proposed bridge facility or major thoroughfare or against the
extent of the area to be benefited by the improvements or against both of them. Such protests
must be in writing and must contain a description of the property in which each signer thereof is
interested, sufficient to identify the same and if the signers are not shown on the last equalized
27 assessment roll as the owners of such property, must contain or be accompanied by written
evidence that such signers are the owners of such property. All such protests shall be delivered
28
1 to the city clerk and no other protest or objections shall be considered. Any protests may be
withdrawn by the owner's making the same, in writing, at any time prior to the conclusion of the
2 public hearing.
(i) If there is a written protest filed with the city clerk by the owners of more than
3 one-half of the area of the property to be benefited by the improvement, and sufficient protests
are not withdrawn so as to reduce the area represented to less than one-half of that to be
4 benefited, then the proposed proceedings shall be abandoned, and the city council shall not, for
one year from the filing of that written protest, commence or carry on any proceedings for the
5 same improvements under the provisions of this section.
If any majority protest is directed against only a portion of the improvement then all further
6 proceedings under the provisions of this section to construct that portion of the improvement so
protested against shall be barred for a period of one year, but the city council may commence
7 new proceedings not including any part of the improvement or acquisition so protested against.
Nothing in this section shall prohibit the city council within such one-year period, from
8 commencing and carrying on new proceedings for the construction of a portion of the
improvement so protested against if it finds, by the affirmative vote of four-fifths of its members,
9 that the owners of more than one-half of the area of the property to be benefited are in favor of
going forward with such portion of the improvement or acquisition.
10 0) If the city council finds that a majority protest has not been made they shall
make the determinations required by subsection (g) of this section and decide whether or not to
11 confirm the area of benefit. The council shall announce its decision by resolution, which shall be
recorded with the recorder of the county. There are established fees for the purpose of defraying
12 the actual or estimated cost of constructing the bridge or thoroughfare as described in such
resolution as the council may adopt pursuant to this section. Said fees and the area of benefit to
which such fees are apportioned shall be established as set forth in said resolution. Such
apportioned fees shall be applicable to all property within the area of benefit and shall be payable
as a condition of approval of a final map or as a condition of issuing a building permit for such
property or portions thereof.
(k) Notwithstanding the provision of subsection (j) of this section, payment of such
fees shall not be required for:
(1) The use, alteration or enlargement of an existing building or structure or
the erection of one or more buildings or structures accessory thereto, or both, on the same lot or
17 parcel of land; provided, the total value, as determined by the community development director, of
all such alteration, enlargement or construction completed within any one-year period does not
exceed one-half of the current market value, as determined by the community development
director, of all existing building on such lot or parcel of land, and the alteration or enlargement of
the building is not such as to change its classification of occupancy as defined by Section 501 of
the Uniform Building Code;
(2) The following accessory buildings and structures: private garages,
children's playhouses, radio and television receiving antennas, windmills, silos, tank houses,
shops, barns, coops and other buildings which are accessory to one-family or two-family
22 dwellings.
(I) Upon application by the subdivider or applicant for a building permit, the city
council may accept consideration in lieu of fees required pursuant to this section, provided:
(1) The city council finds upon recommendation of the city manager that
24 the substitute consideration has a value equal to or greater than the fee; and
(2) The substitute consideration is in a form acceptable to the city council.
25 (m) The city council shall give a credit against the fees imposed by this section for
properties within the boundaries of and subject to taxation by community facilities district number
one. The amount of such credit shall be determined by the city council and established by
resolution.
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1 NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
2 1. That the above recitations are true and correct.
3 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
4 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
5 a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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1 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
2 Council on the 25th day of July, 2006, and thereafter.
3 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
4 City of Carlsbad on the day of , 2006, by the following vote:
5
6 AYES:
7 NOES:
8 ABSENT:
9 ABSTAIN:
10
11 APPROVED AS TO FORM AND LEGALITY
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13
RONALD R. BALL, City Attorney
15
16
1? CLAUDE A LEWIS, Mayor
18 ATTEST:
19
20 LORRAINE M. WOOD, City Clerk
21 (SEAL)
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REFERENCE COPY OF CHAPTERS 20.04 AND 20.08 WITH ADDITIONS AND DELETIONS
"20.04 GENERAL REGULATIONS
20.04.010 Title.
This title is adopted to supplement and implement the Subdivision Map Act and may be cited as
the subdivision ordinance.
5 20.04.020 Definitions.
Words used in this title that are defined in the Subdivision Map Act but not specifically defined in
6 this chapter shall have the same meaning as is given to them in the Subdivision Map Act.
Whenever the following words are used in this title, they shall have the meaning ascribed to them
7 in this section:
(I) "Adjustment plat" means a plat prepared pursuant to Chapter 20.36 of this title and certified by
8 the City Engineer as having been approved pursuant to this title and filed in the office of the City
Engineer.
9 (2) "Bicycle" means a device upon which any person may ride, propelled by human power
through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle
10 arrangement.
(3) "Bicycle route" means the generic term for all facilities that explicitly provide for bicycle travel
11 by a course which is to be traveled.
(4) "Cable television lines" means electronic cable, conduit and any other appurtenances thereto
12 which distribute television or other electronic signals.
(5) "Conditional certificate of compliance" means a document describing a unit or contiguous units
13 of real property and stating that the fulfillment and implementation of the conditions set forth
therein are required prior to subsequent issuance of a building or grading permit applicable
14 thereto.
(6) "Certificate of compliance" means a document describing a unit or contiguous units of real
15 property and stating that the division thereof complies with applicable provisions of the
Subdivision Map Act and city ordinances enacted pursuant thereto.
16 (/) "City standards" means those standards and specifications, including standard drawings, as
may be adopted from time to time by the City Engineer. These standards are to be on file in the
17 office of the city clerk and in the engineering department.
(8) "Final map" means a map prepared pursuant to Chapter 20.20 of this title and the Subdivision
18 Map Act which, after approval and recordation, is effective to complete the subdivision of a major
subdivision.
(9) "Improvement" means:
(A) Such street work and utilities, including ornamental street lights and walkways to be installed
2° or agreed to be installed by the subdivider on land to be used for public or private streets,
highways, ways, bicycle routes and easements, as are necessary for the general use of the lot
owners in the subdivision and local neighborhood traffic, drainage, flood control, fire protection
and sanitation needs as a condition precedent to the approval of a parcel map or final map;
22 (B) Any other specific improvements or types of improvements, the installation of which, either by
the subdivider, by public agencies, by private utilities, by any other entity approved by the city
23 council or by a combination thereof, is necessary to ensure conformity to or implementation of the
general plan, any specific plan, any applicable local coastal plan or any applicable master plan
24 adopted according to this title.
(10) "Interior lot" means a lot which has side lot lines approximately parallel and has frontage on
25 only one street.
II1) "Lot" means lot, parcel or tract of real property.
26 (12) "Lot area" means the horizontal area within the boundary lines of a lot exclusive of:
(A) The area of any street right-of-way or road easement;
27
28
1 (B) Any flood control easement or walkway which, as a condition of approval of the subdivision
map on which the lot is shown, must be fenced; and
2 (C) Any portion of the lot which is less than thirty-five feet wide for a distance of fifty feet or more
and which is designated or used to provide vehicular or pedestrian access to the part of such lot
3 which is designed for use as a building site.
(13) "Major subdivision" means a subdivision of five or more lots.
4 (14) "Minor subdivision" means a subdivision of four or fewer lots.
(15) "Notice of violation" means a recorded document describing a unit or contiguous units of real
property, naming the owners thereof, and describing the manner in which the real property has
been divided, or has resulted from a division in violation of the Subdivision Map Act and city
ordinances enacted pursuant thereto.
(16) "Parcel map" means a map prepared pursuant to Chapter 20.32 of this title and the
_ Subdivision Map Act which, after approval and recordation, is effective to effect the subdivision of
a minor subdivision.
(17) "Street" means a state highway, county or city road or street, public road, street, alley or
° thoroughfare.
(18) "Subdivider" means a person, firm, corporation, partnership or association who proposes
9 prepares to divide, divides, or causes to be divided real property into a subdivision for himself or
for others, except that employees and consultants of such persons or entities, acting in such
10 capacity, are not "subdividers."
(19) "Subdivision" means the division, by any subdivider, of any unit or units of improved or
11 unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as
a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or
12 future except for leases of agricultural land for agricultural purposes. Property shall be considered
as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-
way. "Subdivision" includes a condominium project as defined in Section 1351 of
the Civil Code, a community apartment project, as defined in subdivision (d) of Section 1351 of
the Civil Code, or the conversion of five or more existing dwelling units to a stock cooperative, as
defined in subdivision (m) of Section 1351 4350 of the Civil Code.
a stock cooperative as defined in Section 11003.2 of the Business and Professions Code, or a
community apartment project as defined in Section 110CM of the Business and Professions Code.
Any conveyance of land to a governmental agency, public entity or public utility shall not be
considered a division of land for purposes of computing the number of parcels. As usod in this
section, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of
livestock.
18 (21) "Tentative map" means a map prepared for the purpose of showing the design and
improvement of a proposed major subdivision, and the existing conditions in and around it, filed
with the planning commission precedent to the preparation and filing of a final map which may but
need not be based upon an accurate and detailed final survey of the property.
20 (22) "Tentative parcel map" means a map prepared for the purpose of showing the design and
improvement of a proposed minor subdivision, and the existing conditions in and around it, filed
21 with the City Engineer for approval or conditional approval prior precedent to the preparation and
filing of a parcel map or prior precedent to waiver of the requirement for a parcel map which may
22 but need not be based upon an accurate and detailed final survey of the property.
(23) "Through lot" means a lot having frontage on two parallel or approximately parallel streets.
23 (24) "Vesting tentative map" means a tentative map for a residential subdivision which conforms
to with the requirements of Chapter 20.17 and confers upon the subdivider certain rights
24 established by this title. "Vesting tentative parcel map" means a vesting tentative map prepared in
conjunction with a parcel map.
25 20.04.030 Prohibition.
No person shall create a subdivision except in accordance with the provisions of the Subdivision
Map Act and this title.
27 //
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1 20.04.040 Application of Subdivision Map Act.
(a) Except as otherwise expressly provided in this title, all of the provisions of the Subdivision
2 Map Act which apply to subdivisions as defined in that act and all of the provisions of this title
apply to subdivisions as defined in this title.
2 (b) This title shall be inapplicable to:
(1) The financing or leasing of apartments, offices, stores or similar space within a duplex,
4 multiple dwelling, apartment building, industrial building, commercial building, mobile home park
or trailer park, or to any parcel of land or portion thereof in conjunction with the construction of
commercial or industrial buildings, unless the project is not subject to review under other
provisions of this code, or to existing separate commercial or industrial buildings on a single
parcel;
6 (2) Mineral, oil or gas leases;
(3) Land dedicated for cemetery purposes under the Health and Safety Code of the state;
7 (4) A lot line adjustment between four or fewer two or more existing adjoining-adjacent parcels,
where the land taken from one parcel is added to an adjoining adjacent parcel, and where a
8 greater number of parcels then originally existed is not thereby created, provided an adjustment
plat pursuant to Chapter 20.36 of this title for the lot line adjustment is approved by the City
9 Engineer;
(5) Boundary line or exchange agreements to which the State Lands Commission or a local
10 agency holding a trust grant of tide and submerged lands is a party;
(6) Leases of agricultural land for purposes of cultivation of food or fiber or the grazing or
pasturing of livestock;
(7) Any separate assessment under Revenue and Taxation Code Section 2188.7;
, - (8) Unless a parcel or final map was approved by the city council, the conversion of a community
apartment project or a stock cooperative to a condominium provided that the requirements of
Section 66412(g) or (h), respectively, of the State Government Code have been met and the
subdivider provides certification that the requirements have been met;
(9) The leasing of or the granting of an easement to, a parcel of land or any part thereof, in
14 conjunction with the financing, erection, and sale or lease of any wind powered electrical
generating device on the land, if the project is not otherwise subject to discretionary review
15 pursuant to this code.
(10) Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural
16 purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock.
(11) The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit.
17 or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of
the Public Utilities Code, exclusively for the placement and operation of cellular radio
18 transmission facilities, including, but not limited to. antennae support structures, microwave
dishes, structures to house cellular communications transmission eguipment. power sources, and
other eguipment incidental to the transmission of cellular communications, if the project is subject
to discretionary action by the advisory agency or legislative body.
20 20.04.050 Extent of regulations.
(a) No real property, improved or unimproved, consisting of a single unit or two or more
contiguous units and owned by the same person or persons shall be divided into two or more lots,
22 or units including any lot or unit retained by the owner, except in accordance with the provisions
of this title.
23 (b) No parcel may be subdivided if it was illegally created unless, as part of the division, the
illegality is eliminated. If such elimination is not possible, a notice of violation with respect to the
24 parcel shall be recorded. In no event shall a subdivision be permitted unless the entire legal
parcel is subdivided when the owner of any portion of the illegal parcel is the person who owned
25 the property at the time of the illegal subdivision.
26 20.04.055 Merger.
(a) This title shall not apply to the sale, lease or financing of one or more contiguous parcels or
27 units of land which have been created under the provisions of city ordinances regulating the
division of real property and the Subdivision Map Act applicable at the time of their creation, or
28
1 which were not subject to such provisions at the time of their creation, even though the
contiguous parcels or units are held by the same owner; except that if any one of the contiguous
2 parcels or units held by the same owner does not conform to standards for minimum parcel size
to permit use or development under the zoning ordinance of the city and the standards
3 established by subsection (c) of this section then those parcels or units shall be merged.
(b) Any parcels or units created prior to January 1, 1979, pursuant to this title or any predecessor,
4 or which are buildable lots as defined by Section 21.46.210 of the zoning ordinance of the city
and which merged pursuant to the Subdivision Map Act and have not been deemed merged
5 pursuant to this section or any of its predecessors, are exempted from the merger provisions of
this section and those parcels or units shall be deemed unmerged and separate parcels, except
6 that any parcels which merged under the provisions of this title after January 1, 1979 shall remain
merged if the provisions of subsection (f) of this section are met. Further, any parcels or units
7 which do not conform to the standards established by subsection (c) of this section shall be
merged.
8 (c) Contiguous parcels or units of land held by the same owner, on the date that notice of
intention to determine status is filed, shall be merged if one of the parcels or units does not
9 conform to the minimum parcel size to permit use or development under Title 21 of this code and
if all of the following requirements are satisfied:
10 (1) At least one of the affected parcels is undeveloped by any structure for which a building permit
was issued or for which a building permit was not required at the time of construction, or is
developed only with an accessory structure or accessory structures, or is developed with a single
structure, other than an accessory structure, that is also partially sited on a contiguous parcel or
12 unit.
(2) With respect to any affected parcel, one or more of the following conditions exists:
(A) Comprises less than five thousand square feet in area at the time of the determination of
merger;
(B) Was not created in compliance with applicable laws and ordinances in effect at the time of its
creation;
15 (C) Does not meet current standards for sewage disposal and domestic water supply;
(D) Does not meet slope stability standards;
(E) Has no legal access which is adequate for vehicular and safety equipment access and
maneuverability;
' (F) Its development would create health or safety hazards;
(G) Is consistent with the applicable general plan and any applicable specific plan, other than
minimum lot size or density standards.
(3) Subsection (c) (2) of this section shall not apply if any of the conditions stated in Section
iy 66151.11 (b) (A) (B) (C) (D) or (E) of tho Subdivision Map Act oxist.
one of the following conditions exist:
(A) On or before July 1. 1981. one or more of the contiguous parcels or units of land is
_ enforceably restricted open-space land pursuant to a contract, agreement, scenic restriction, or
open-space easement, as defined and set forth in Section 421 of the Revenue and Taxation
22 Code.
(B) On July 1. 1981. one or more of the contiguous parcels or units of land is timberland as
~~ defined in subdivision (f) of Section 51104. or is land devoted to an agricultural use as defined in
subdivision (b) of Section 51201.
24 (C) On July 1. 1981. one or more of the contiguous parcels or units of land is located within 2.000
feet of the site on which an existing commercial mineral resource extraction use is being made.
25 whether or not the extraction is being made pursuant to a use permit issued by the local agency.
(D) On July 1. 1981. one or more of the contiguous parcels or units of land is located within 2.000
feet of a future commercial mineral extraction site as shown on a plan for which a use permit or
other permit authorizing commercial mineral resource extraction has been issued by the local
27 agency.
28
1 (E) Within the coastal zone, as defined in Section 30103 of the Public Resources Code, one or
more of the contiguous parcels or units of land has, prior to July 1. 1981. been identified or
2 designated as being of insufficient size to support residential development and where the
identification or designation has either (i) been included in the land use plan portion of a local
3 coastal program prepared and adopted pursuant to the California Coastal Act of 1976 (Division
20 of the Public Resources Code), or (ii) prior to the adoption of a land use plan, been made by
4 formal action of the California Coastal Commission pursuant to the provisions of the California
Coastal Act of 1976 in a coastal development permit decision or in an approved land use plan
5 work program or an approved issue identification on which the preparation of a land use plan
pursuant to the provisions of the California Coastal Act is based. For purposes of paragraphs (C)
6 and (D) of this subdivision, "mineral resource extraction" means gas, oil, hydrocarbon, gravel, or
sand extraction, geothermal wells, or other similar commercial mining activity.
7 (d) Whenever the City Engineer has knowledge that real property has merged pursuant to this
section he shall mail by certified mail to the current record owner of the property a notice of
8 intention to determine status. The notice of intention shall state: that the affected parcels may be
merged pursuant to this section; that the owner may request, within thirty days from the date the
9 notice of intention was recorded, a hearing before the City Engineer to present evidence that the
property does not meet the standards for merger; and that the notice of intention was recorded
10 with the county recorder on the date the notice of intention was mailed. Upon receipt of a request
for a hearing the City Engineer shall set the hearing for a date not less than thirty days or more
than sixty days from the date of receipt of the request. The property owner shall be notified of the
hearing by certified mail. After the hearing the City Engineer shall determine whether the affected
12 property has merged pursuant to this section. The decision shall be made and notification of the
decision shall be mailed to the property owner within five working days of the date of the hearing,
if the parcels have merged the City Engineer shall file a notice of merger with the county recorder
within thirty days from the date of the hearing unless the decision has been appealed as provided
jn subsection (e) of this section. The notice of merger shall specify the name or names of the
record owner or owners and shall particularly describe the real property. If the parcels have not
I5 merged the City Engineer shall record a release of the notice of intention within thirty days from
the date of the decision, and shall mail a copy of the release to the owner. If no hearing is
requested the decision shall be made not later than ninety days after the mailing of the notice of
the opportunity for a hearing. A hearing on the determination of status may be postponed or17 continued upon the mutual consent of the City Engineer and the property owner.
(e) If the owner requested a hearing, the decision of the City Engineer may be appealed to the
° city council within ten calendar days of the date of mailing the notice of decision by filing a written
appeal with the city clerk. A fee established by city council resolution shall be paid at the time of
filing the appeal. Upon receipt of an appeal and payment of the feet the city clerk shall place the
20 matter on the council agenda not less than thirty nor more than sixty days from the date of the
appeal. If after a hearing the council grants the appeal the city clerk shall record within thirty days
with the court recorder a release of the notice of intention. If the appeal is denied the city clerk
shall within thirty days record a notice of merger with the county recorder. A copy of either the
release or the notice of merger shall be sent to the owners.
(f) (1) Prior to January 1,1986 the city engineer shall file with the county recorder a notice of
merger for any parcel merged under the provisions of any law prior to January 1, 1984. At least
thirty days before filing tho notice of merger the city engineer shall mail written notice to the
property owner of the intention to record the notice and specify a time, date, and place which the
ownor may present evidence to the city engineer why tho notice should not be recorded.
25 (2) If, after the hearing, the city engineer determines that the parcels have merged, a notice of
merger shall be filed. The decision of the city engineer may be appealed according to the
procodures established in subsection (e) of this section.
(f) For purposes of this section, when determining whether contiguous parcels are held by the
27 same owner, ownership shall be determined as of the date that notice of intention to determine
status is recorded.
28
1 20.04.056 Unmerger.
Any parcel or unit of land which merged pursuant to the provisions of any law prior to January 1,
2 1984 but for which a notice of merge was not recorded on or before that date are deemed
unmerged, if on January 1, 1984 all of the criteria established by Section 66451.30(a) of the
3 Subdivision Map Act are met, and if none of the conditions of Section 66451.30(b) exist. Upon
request of an owner the City Engineer shall file a certificate of compliance whenever the engineer
4 determines that a parcel is unmerged pursuant to this section.
5 20.04.057 Request for determination of merger.
(a) A property owner may request that the City Engineer determine whether property has merged
6 under Section 20.04.055 or are deemed unmerged under Section 20.04.056. A request for
determination shall be made in writing and shall be accompanied by a fee established by city
7 council resolution.
(b) Upon determination that property has merged, the City Engineer shall issue to the owner and
8 record with the county recorder a notice of merger.
(c) Upon determination that property is deemed unmerged the City Engineer shall issue to the
9 owner and record with the county recorder a certificate of compliance showing each parcel as a
separate parcel.
10
20.04.060 Advisory agency designation.
11 (a) The planning commission is the advisory agency, as that term is used in the Subdivision Map
Act, for major subdivisions. The planning commission may prescribe, subject to the approval of
12 the city council, such additional rules and regulations as are necessary or advisable with respect
to the form and content of tentative maps required by the Subdivision Map Act or this title and the
data to be furnished with such tentative maps.
(b) The City Engineer is the advisory agency, as that term is used in the Subdivision Map Act, for
minor subdivisions, lot line adjustments pursuant to Chapter 20.36 and certificates of compliance.
The City Engineer may prescribe, subject to the approval of the city council, such additional rules
and regulations as are necessary or advisable with respect to the form and content of tentative
parcel maps required by this title.16
20.04.070 Environmental impact review.
' (a) All tentative maps and tentative parcel maps shall be subject to environmental review in
18 accordance with Title 19 of this code and the rules and procedures adopted by the city council
pursuant to the Environmental Quality Act of 1970. Consequently, decisions to approve,
conditionally approve or deny any tentative map or tentative parcel map shall be subject to the
following:
(1) Tentative Maps.
(A) Negative Declaration. Upon receipt of a negative declaration with respect to any tentative
map, the planning commission and the city council may proceed to consider the tentative map
without an environmental impact report.
22 (B) Environmental Impact Report. With respect to any tentative map for which an environmental
impact report is required, the planning commission and the city council shall consider such report
as independent evidence in determining whether to approve, conditionally approve, or disapprove
the tentative map.
24 (2) Tentative Parcel Maps.
(A) Negative Declaration. Upon receipt of a negative declaration with respect to any tentative
25 parcel map, the City Engineer or, on appeal, the city council may proceed to consider the
tentative parcel map without an environmental impact report.
26 (B) Environmental Impact Report. With respect to any tentative parcel map for which an
environmental impact report is required, the City Engineer or, on appeal, the city council shall
27 consider such report as independent evidence in determining whether to approve, conditionally
approve, or disapprove the tentative parcel map.
28 "
1 (b) An application for approval of a subdivision shall not be complete, pursuant to Section 65943
of the California Government Code, until after the environmental review for such subdivision has
2 been accomplished.
3 20.04.080 Soil reports.
(a) A preliminary soils report, prepared by a civil engineer registered in this state and based upon
4 adequate test borings, shall be submitted to the appropriate official or body for every subdivision.
(b) A preliminary soils report may be waived by the City Engineer providing the City Engineer
5 finds that, due to the knowledge the city has as to the soils qualities of the soils in the subdivision,
no preliminary analysis is necessary.
6 (c) The preliminary soils report may be submitted to the city engineer for review. The city
engineer may review the preliminary soils report and may require additional information or reject
7 the report if it is found to be incomplete, inaccurate, or unsatisfactory.
(d) If the city has knowledge of, or the preliminary soils report indicates, the presence of
8 critically expansive soils or other soils problems which, if not corrected, would lead to structural
defects, a soils investigation of each lot in the subdivision may be required by the City Engineer.
9 Such soils investigation shall be done by a civil engineer registered in this state, who shall
recommend the corroctive action which is likoly to prevent structural damage to each structuro
10 proposed to be constructed in the area where such soils problem exists.
(e) If the preliminary soils report indicates the presence of rocks or liquids containing deleterious
chemicals which, if not corrected, could cause construction materials such as concrete, steel, and
ductile or cast iron to corrode or deteriorate, a soils investigation of each potentially affected lot in
12 the subdivision may be required.
(f) Any soils investigation required pursuant to this section shall be done by a civil engineer
registered in this state, who shall recommend the corrective action which is likely to prevent
structural damage to each structure proposed to be constructed in the area where the soils
problem exists.
The city council or City Engineer may approve the subdivision or portion thereof where such soils
I5 problems exist if it determines that the recommended action is likely to prevent structural damage
to each structure to be constructed and a condition to the issuance of any building permit may
require that the approved recommended action be incorporated in the construction of each
structure.
20.04.090 Reservations.18 (a) As a condition of approval of a final or parcel map, the subdivider shall reserve sites
appropriate in area and location for parks, recreational facilities, fire stations, libraries or other
public uses according to the procedural standards and formula contained in this section,
(b) If a park, recreational facility, fire station, library or other public facility or use is shown on an
adopted specific plan or adopted general plan containing a community facilities element,
recreation and parks element or a public building element, the subdivider may be required to
reserve sites as so determined by the city in accordance with the definite principles and
standards contained in the specific plan or general plan. The reserved area must be of such size22and shape as to permit the balance of the property within which the reservation is located to
develop in an orderly and efficient manner. The amount of land to be reserved shall not make
development of the remaining land held by the subdivider economically unfeasible. The reserved
24 area shall conform to the adopted specific plan or general plan and shall be in such multiples of
streets and parcels as to permit an efficient division of the reserved area in the event that it is not
acquired within the prescribed period.
(c) The public agency for whose benefit an area has been reserved shall, at the time of approval
of the final map or parcel map, enter into a binding agreement to acquire such reserved area
within two years after the completion and acceptance of all improvements, unless such period of
27 time is extended by mutual agreement.
28
1 (d) The purchase price shall be the market value thereof at the time of the filing of the tentative
map plus the taxes against such reserved area from the date of the reservation and any other
2 costs incurred by the subdivider in the maintenance of such reserved area, including interest
costs incurred on any loan covering such reserved area.
3 (e) If the public agency for whose benefit an area has been reserved does not enter into such a
binding agreement, the reservation of such area shall automatically terminate.
4
20.04.100 Corrections and amendments.
5 (a) Corrections and amendments to final and parcel maps may be accomplished as set forth in
Sections 66469 through 66472.1 of the Subdivision Map Act to the extent provided for therein.
6 (b) Changes in any lot line, parcel line or subdivision boundary line may only be accomplished by
recording an approved parcel map or adjustment plat to the extent provided for in this title.
7 (c) Any other change to a final or parcel map must be accomplished by processing a new
tentative map or tentative parcel map.
8
20.04.110 Security for the payment of taxes and special assessments.
9 Whenever security is filed with the board of supervisors or the clerk thereof, pursuant to Section
66493 of the Subdivision Map Act, to secure the payment of taxes or special assessments
10 collected as taxes, which are a lien on the property to be subdivided, but not yet payable, the
clerk of the board of supervisors, upon notification by the tax collector that the total amount of
1 said taxes or special assessments have been paid in full, may release said security.
12 20.04.120 Designated remainder parcel.
(a) When a subdivision, as defined in Section 20.04.020, is of a portion of any unit or units of
improved or unimproved land, the subdivider may designate as a remainder that portion which is
not divided for the purpose of sale, lease, or financing. A note shall be placed on the final map or
14 parcel map providing that a building permit will not issue for such parcol until it is further
subdivided in accordance with this title. A designated remainder parcel shall not be counted as a
parcel for the purpose of determining whether a parcel map or final map is required. After the
filing of a parcel map or final map which establishes a designated remainder parcel the
designated remainder parcel may be sold without any further requirement for filing of a parcel
map or final map if a certificate of compliance is first processed pursuant to the provisions of
17 Chapter 20.48 of this codo.
1 810 Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved
land which is not divided for the purpose of sale, lease, or financing.
If the subdivider elects to designate a remainder or omit entirely that portion, the following
reguirements shall apply:
21 (1) The designated remainder or omitted portion shall not be counted as a parcel for the purpose
22 of determining whether a parcel or final map is required.
23 (2) The fulfillment of construction reguirements for improvements, including the payment of fees
associated with any
24 deferred improvements, shall not be required until a permit or other
grant of approval for development of the remainder or omitted parcel is issued. Fulfillment of the
construction requirements, including the payment of fees associated with any deferred
improvements, within a reasonable time following approval of the final map and prior to the
issuance of a permit or other grant of approval for the development of a remainder parcel may be
required upon a finding by the city council that fulfillment of the construction reguirements is
27 necessary for reasons of:
(A) The public health and safety; or
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1 (B) The required construction is a necessary prerequisite to the orderly development of the
surrounding area.
2 (b) A designated remainder or any omitted parcel is required to obtain a certificate of compliance
or conditional certificate of compliance pursuant to the provisions of Chapter 20.48 of this code.
3 prior to any further development of the parcel.
4 (c) Prior to the issuance of a certificate of compliance or conditional certificate of the City
Engineer shall make a determination under Section 20.16.040(h) of this code whether
5 improvements should be required for the designated remainder or omitted parcel. The
improvement requirements may be imposed as a condition of the certificate of compliance. For
6 the purposes of this title a parcel designated as "not a part" shall be deemed to be a designated
remainder parcel.
7
20.04.130 Consideration of housing needs.
8 In making decisions pursuant to this title, the decision maker shall consider the effect of that
decision on the housing needs of the region and balance those needs against the public service
9 needs of its residents and available fiscal and environmental resources.
10 20.04.140 Covenants for easement.
(a) Whenever under the provisions of Titles 18, 20 or 21 of this code an easement is necessary or
11 required for parking, ingress, egress, emergency access, light and air access, landscaping,
drainage, private utilities, sewer/storm drain access or open space purposes, the easement may
12 be created by a covenant pursuant to this section.
(b) At the time of recording of the covenant of easement all the property benefited or burdened by
1^ the covenant shall be in common ownership. The covenant shall be effective when recorded and
shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part
14 2 of Division 2 of the Civil Code except that it shall not merge into any other interest in the real
property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real
15 property. The covenant of easement shall describe the real property subject to the easement and
the real property benefited by the easement. The covenant of easement shall also identify the
16 approval permit or designation granted which relied upon or required the covenant.
(c) A covenant of easement shall be enforceable by the city, by the owner of the real property
^ benefited by the covenant, and by the successors in interest to the real property benefited by the
covenant. The covenant of easement shall be recorded in the office of the county recorder. Upon
recordation, the burdens of the covenant shall be binding upon and the benefits of the covenant
shall inure insure to all successors in interest to the real property.
(d) The covenant of easement may be released upon the application of any person after a public
hearing by the planning commission. Notice of the public hearing shall be given pursuant to
Section 21.54.060(1) of this code. The planning commission may authorize the planning director
to record a release of the covenant if it determines that the restriction of the property is no longer
necessary to achieve the land use goals of the city. An application for release of a covenant shall
22 be accompanied by a fee in an amount designated by city council resolution. A request for
release of a covenant of easement may be consolidated with any other application for
23 discretionary approval under this Code.
(e) This section is adopted pursuant to Article 2.7 commencing with Section 65870 of Chapter 4
JA of Division 1 of Title 7 of the Government Code.
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1
SECTION 1: That Title 20, Chapter 20.08 of the Carlsbad Municipal Code is amended to read as
2 follows:
"20.08 FEES
3
20.08.010 Tentative map fee.
4 A tentative map examination fee in an amount established by city council resolution shall be paid
to the planning department at the time a tentative map is filed with the planning commission.
5 An additional fee in an amount established by city council resolution shall be paid for processing
a vesting tentative map.
6
20.08.015 Tentative map appeal fee.
7 A tentative map appeal fee in an amount established by city council resolution shall be paid at the
time an appeal is filed with the city clerk.
8 20.08.020 Revised tentative map fee.
A revised tentative map examination fee in an amount established by city council resolution shall
be paid to the planning department at the time that a revised tentative map is filed with the
planning commission. An additional fee in an amount established by city council resolution shall
be paid for the revision of a vesting tentative map.
11 20.08.030 Tentative map extension fee.
At the time of filing a request for the extension of a tentative map with the city engineer, there
shall be paid to the engineering department a tentative map extension processing fee equal to
one-half of the fee prescribed in Section 20.08.010 for such tentative map.
14 20.08.035 Tentative map litigation stay fee.
At the time of filing a request for a stay with the city engineer, there shall be paid the engineering
15 department a litigation stay processing fee equal to one-quarter of the fee prescribed in Section
20.08.010 for such tentative map.
16
20.08.040 Final map fee.
17 At the time of filing a final map with the engineering department, there shall be paid to the
engineering department an examination fee in an amount established by city council resolution.
18
20.08.045 Notice fees.
19 The subdivider shall pay a fee to cover the cost incurred by the city in giving any notice or
providing any report required by this title or the Subdivision Map Act.
20
20.08.050 Improvement plan review and construction inspection fees.
2\ All construction and installation of improvements shall be subject to plan review and inspection by
the city engineer or other appropriate department, and the subdivider shall arrange for inspection
22 prior to starting construction or installation of the improvements. The cost to the city of examining
improvement plans, inspecting improvements and monuments shall be paid by the subdivider.
An improvement plan review fee as established by the city council by resolution, based on the
approved engineer's estimate of the total improvement cost, shall be paid to the engineering
department upon submittal of improvement plans for review. An improvement construction
inspection fee in the amount established by the city council by resolution shall be paid prior to
approval of the final map or the commencement of construction of the improvements, whichever
occurs first.
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1 20.08.060 Tentative parcel map fee.
At the time of submission of a tentative parcel map, there shall be paid to the engineering
2 department a tentative parcel map examination fee in an amount determined by the city council
by resolution. An additional fee as established by city council resolution shall be paid for
3 processing a vesting tentative parcel map.
4 20.08.070 Parcel map fee.
The subdivider shall pay to the engineering department upon filing of the parcel map a processing
5 fee in an amount determined by the city council by resolution.
6 20.08.080 Tentative parcel map extension fee.
At the time of filing a request for the extension of a tentative parcel map with the city engineer,
1 there shall be paid to the engineering department a tentative parcel map extension processing
fee in an amount determined by the city council by resolution.
8
20.08.090 Fees for adjustment plats.
9 At the time of filing an adjustment plat, there shall be paid to the engineering department
an adjustment plat examination fee in an amount determined by the city council by resolution.
10
20.08.100 Fees for reversion to acreage.
Petitions to revert property to acreage shall be accompanied by a fee in an amount determined by
the city council by resolution. If the proceedings are initiated pursuant to Section 20.40.030,
12 the person or persons who requested the city council to initiate the proceedings shall pay a fee in
an amount determined by the city council by resolution.
13
20.08.110 Fees for certificates of compliance.
At the time of filing any requests pursuant to this title intended to result in the issuance of a
certificate of compliance, there shall be paid to the engineering department a fee in an amount
determined by the city council by resolution, to cover the cost of making the required
determinations pursuant to such request and the recording of any certificate of compliance
resulting therefrom.
20.08.120 Streets and lots reserved for future streets excluded from computation.
Streets and lots reserved for future streets shall be disregarded in computing the fees and
18 charges imposed by this chapter.
20.08.130 Drainage and sewer facilities-Payment of fees required.
20 Prior to filing of any final map or parcel map, the subdivider shall pay or cause to be paid any fees
for defraying the actual or estimated costs of constructing planned drainage facilities for the
removal of surface and storm waters from local or neighborhood drainage areas or sanitary sewer
facilities for local sanitary sewer areas established pursuant to Section 66483 of the Subdivision
~~ Map Act. Payment of the fees for planned local drainage facilities shall conform with the
requirements of Chapter 15.08 of this code and shall be paid prior to filing of the final or parcel
2-> map or issuance of building permits, whichever occurs first.
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1 20.08.140 Bridge crossing and major thoroughfares.
(a) The purpose of this section is to make provision for assessing and collecting fees as a
2 condition of approval of a final map, parcel map or as a condition of issuing a building permit for
the purpose of defraying the actual or estimated costs of constructing bridges or major
3 thoroughfares pursuant to Section 66484 of the Subdivision Map Act.
(b) Whenever the following words are used in this section, they shall have the following meaning:
4 (1) "Construction" means design, acquisition of right-of-way, administration of construction
contracts and actual construction;
5 (2) "Major thoroughfare" means a roadway as shown on the circulation element of the general
plan whose primary purpose is to carry through traffic and provide a network connecting to the
6 state highway system.
(c) Whenever this section refers to the circulation element of the general plan or to the
7 transportation or flood control provisions thereof, it shall mean the circulation element of the
general plan and the transportation and flood control provisions thereof heretofore adopted by the
8 city pursuant to Chapter 3 of Title 7 of the Government Code, together with any additions or
amendments thereto hereafter adopted.
9 (d) Prior to filing a final map or parcel map which includes land within an area of benefit
established pursuant to this section, the subdivider shall pay or cause to be paid any fees
10 established and apportioned to said property pursuant to this section for the purpose of defraying
the actual or estimated cost of constructing bridges over waterways, railways, freeways or
canyons or constructing major thoroughfares.
(e) Prior to the issuance of a building permit for construction on any property within an area of
12 benefit established pursuant to this section, the applicant for such permit shall pay or cause to be
paid any fees established and apportioned pursuant to this section for the purpose of defraying
the actual or estimated cost of constructing bridges over waterways, railways, freeways or
canyons or constructing major thoroughfares, unless such fees have been paid pursuant to
subsection (d) of this section.
(f) Notwithstanding the provisions of subsections (d) and (e) of this section:
(1) Payment of bridge fees shall not be required unless the planned bridge facility is an original
bridge serving the area or an addition to any existing bridge facility serving the area at the time of
adoption of the boundaries of the area of benefit;
(2) Payment of major thoroughfare fees shall not be required unless the major thoroughfares are17 in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time
of the adoption of the area benefit.
(g) Prior to establishing an area of benefit, a public hearing shall be held by the city council, at
which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair
method of allocation of costs to the area of benefit and fee apportionment, and the fee to be
collected, shall be established.
Notice of the public hearing shall be given pursuant to Section 65091 of the Government Code. In
addition to the requirements of Section 65091 of the Government Code, such notice shall contain
preliminary information related to the boundaries of the area of benefit, estimated cost and the
22 method of fee apportionment.
(h) At any time not later than the hour set for hearing objections to the proposed bridge facility or
major thoroughfare, any owner of property to be benefited by the improvement may file a written
protest against the proposed bridge facility or major thoroughfare or against the extent of the area
24 to be benefited by the improvements or against both of them. Such protests must be in writing
and must contain a description of the property in which each signer thereof is interested, sufficient
25 to identify the same and if the signers are not shown on the last equalized assessment roll as the
owners of such property, must contain or be accompanied by written evidence that such signers
are the owners of such property. All such protests shall be delivered to the city clerk and no other
protest or objections shall be considered. Any protests may be withdrawn by the owner's making
27 the same, in writing, at any time prior to the conclusion of the public hearing.
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1 (i) If there is a written protest filed with the city clerk by the owners of more than one-half of the
area of the property to be benefited by the improvement, and sufficient protests are not withdrawn
2 so as to reduce the area represented to less than one-half of that to be benefited, then the
proposed proceedings shall be abandoned, and the city council shall not, for one year from the
3 filing of that written protest, commence or carry on any proceedings for the same improvements
under the provisions of this section.
4 If any majority protest is directed against only a portion of the improvement then all further
proceedings under the provisions of this section to construct that portion of the improvement so
5 protested against shall be barred for a period of one year, but the city council may commence
new proceedings not including any part of the improvement or acquisition so protested against.
6 Nothing in this section shall prohibit the city council within such one-year period, from
commencing and carrying on new proceedings for the construction of a portion of the
7 improvement so protested against if it finds, by the affirmative vote of four-fifths of its members,
that the owners of more than one-half of the area of the property to be benefited are in favor of
8 going forward with such portion of the improvement or acquisition.
(j) If the city council finds that a majority protest has not been made they shall make the
9 determinations required by subsection (g) of this section and decide whether or not to confirm the
area of benefit.
10 The council shall announce its decision by resolution, which shall be recorded with the recorder of
the county. There are established fees for the purpose of defraying the actual or estimated cost of
constructing the bridge or thoroughfare as described in such resolution as the council may adopt
pursuant to this section. Said fees and the area of benefit to which such fees are apportioned
12 shall be established as set forth in said resolution. Such apportioned fees shall be applicable to
all property within the area of benefit and shall be payable as a condition of approval of a final
map or as a condition of issuing a building permit for such property or portions thereof,
(k) Notwithstanding the provision of subsection (j) of this section, payment of such fees shall not
be required for:
(1) The use, alteration or enlargement of an existing building or structure or the erection of one or
more buildings or structures accessory thereto, or both, on the same lot or parcel of land;
provided, the total value, as determined by the community development director, of all such
alteration, enlargement or construction completed within any one-year period does not exceed
one-half of the current market value, as determined by the community development director, of all17 existing building on such lot or parcel of land, and the alteration or enlargement of the building is
not such as to change its classification of occupancy as defined by Section 501 of the Uniform
18 Building Code;
(2) The following accessory buildings and structures: private garages, children's playhouses,
radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and
other buildings which are accessory to one-family or two-family dwellings.
(I) Upon application by the subdivider or applicant for a building permit, the city council may
accept consideration in lieu of fees required pursuant to this section, provided:
(1) The city council finds upon recommendation of the city manager that the substitute
22 consideration has a value equal to or greater than the fee; and
(2) The substitute consideration is in a form acceptable to the city council.
(m) The city council shall give a credit against the fees imposed by this section for properties
within the boundaries of and subject to taxation by community facilities district number one.
24 The amount of such credit shall be determined by the city council and established by resolution.
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