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HomeMy WebLinkAbout2006-08-01; City Council; 18679; Amendment to Title 20 of the CMCCITY OF CARLSBAD - AGENDA BILL 10 AB# 18,679 MTG. 08/01/06 DEPT. Clerk AMENDMENT TO TITLE 20 CHAPTERS 20.04 AND 20.08 OF THE /*%jtni C*BAI"\ ••• iKii/^in A i f*r\r\cCARLSBAD MUNICIPAL COut DEPT. HEAD ^T9 CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. NS-813 amending Title 20 Chapters 20.04 and 20.08 to reflect changes to state and local laws regarding subdivision, zoning, and grading and erosion control. ITEM EXPLANATION: Ordinance No. NS-813 was introduced and first read at the City Council meeting held on July 25, 2006. A Summary of the ordinance was posted in the City Clerk's office and published in the North County Times on July 28, 2006. The second reading allows the City Council to adopt the ordinance, which would then become effective in thirty days. The City Clerk will have a summary of the ordinance published within fifteen days of adoption of the ordinance. FISCAL IMPACT: See Agenda Bill No. 18,664 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. NS-813. 2. Ordinance Summary. DEPARTMENT CONTACT: Sheila Cobian (760) 434-2927, scobi(a)ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D O D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D ORDINANCE NO. NS-813 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTERS 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 read as follows: 20.04.020 Definitions. Words used in this title that are defined in the Subdivision Map Act but not specifically 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 them in this section: (1) "Adjustment plat" means a plat prepared pursuant to Chapter 20.36 of this title and certified by the City Engineer as having been approved pursuant to this title and filed in the office of the City Engineer. 11 (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. f (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 the 9 subdivision of a minor subdivision. (17) "Street" means a state highway, county or city road or street, public road, 1° 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. (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 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 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; 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 18 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 2Q 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 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; (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;17 (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: y (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 22 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 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 17 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 days20from 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 building permit may require that the approved recommended action be incorporated in the construction of each structure.15 SECTION 5: That Section 20.04.120 of the Carlsbad Municipal Code is amended to16 read as follows 20.04.120 Designated remainder parcel. 18 (a) When a subdivision, as defined in Section 20.04.020, is of a portion of any unit 19 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. 21 If the subdivider elects to designate a remainder or omit entirely that portion, the following requirements shall apply: 22 (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, 11 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 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 17 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 18 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 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 23 application for discretionary approval under this Code. (e) This section is adopted pursuant to Article 2.7 commencing with Section 65870 24 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. 11 (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 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 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; 19 (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 or21estimated, 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 23 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. 24 (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 (j) 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 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 to13 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. 15 (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 8 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 23 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. 27 28 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 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. 7 // 8 //9 // 10 „ 11 //12 //13 II14 //15 //16 //17 II18 //19 //20 //21 // 22 23 24 25 26 27 28 // 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 25th day of July, 2006, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on thelst day of August, 2006, by the following vote: AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT: None ABSTAIN: None APPROVED AS TO FORM AND LEGALITY « * &<XLaJ£ RONACB^R. BALL, City Attorney COR (SEAL) Summary of Ordinance NS-813 An Ordinance of the City Council of the City of Carlsbad, California, Amending Title 20, Chapters 20.04 and 20.08 of the Carlsbad Municipal Code This ordinance proposes changes to chapters 20.04 General Regulations and 20.08 Fees of Title 20 Subdivisions of the Carlsbad Municipal Code. They are being updated to assure conformance with changes that have been made to the State Subdivision Map Act. No substantive changes, additions, deletions or fee changes are proposed. There have been minor changes to Section 20.04.020 Definitions regarding the definitions of Subdivider, Subdivision and Tentative Parcel Map. Section 20.04.040 has been amended to conform with Government Code Section 66412 regarding exceptions to the requirement for a Subdivision Map. Section 20.04.055 has been updated to add specific exemptions to merger regarding timberland and commercial mining. Section 20.04.080 has been amended to allow the City Engineer to review preliminary soils reports and require a more detailed soils report if necessary in conformance with Government Code Section 66491. Section 20.04.120 Designated Remainder Parcels has been amended to conform with Government Code Section 66424.6. The section allows a remainder parcel to be designated by the subdivider that will not be subject to fulfillment of the construction requirement improvements unless certain findings are made by the city council. Section 20.04.140 has been amended to clarify that the City can require covenants of easement for drainage, private utilities and sewer/storm drain access. Section 20.08.140 has been amended to allow the assessing and collecting of fees as a condition of approval of Parcel Maps. This section previously authorized final maps only. This brings the section in line with Section 20.08.130 regarding drainage and sewage fees.