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Home My WebLink About2008-08-12; City Council; 19545; Amendment to Carlsbad Municipal Code - Automatically Extend City Map Related ApprovalsCITY OF CARLSBAD - AGENDA BILL <L AB# 19,545 MTG. 8/12/08 DEPT. Clerk AMENDMENT TO CARLSBAD MUNICIPAL CODE - TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS DEPT. HEAD^k^ CITY ATTY. ^ CITY MGR. RECOMMENDED ACTION: Adopt Ordinance No. CS-003 amending Carlsbad Municipal Code Title 20, Chapters 20.12, and 20.24, Sections 20.12.110(a)(2) and 20.24.180(a)(2) and adding Sections 20.12.110(a)(2)(i)(ii) and 20.24.180(a)(2)(i)(ii) to authorize map extensions for up to six years and to automatically extend City map related approvals to coincide with automatic map extension granted by State legislation. ITEM EXPLANATION: Ordinance No. CS-003 was introduced and first read at the City Council meeting held on August 5, 2008. The second reading allows the City Council to adopt the ordinance, which would then become effective upon completion of the legal process of incorporation or in thirty days, whichever is later. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT: See Agenda Bill No. 19,538 on file in the Office of the City Clerk. EXHIBITS: 1. Ordinance No. CS-003. DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED XDENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 2 3 4 5 6 7 WHEREAS, on July 15, 2008 the Governor of California signed SB 8 1185 Act into law which amended the Subdivision Map to take effect immediately; g and10 WHEREAS, SB 1185 extends by 12 months the expiration date of all11 12 13 14 19 20 21 27 28 ORDINANCE NO. CS-003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE TITLE 20, CHAPTERS 20.12 AND 20.24, SECTIONS 20.12.110(a)(2) AND 20.24.180(a)(2) RESPECTIVELY, AND ADDING SECTIONS 20.12.110(a)(2)(i)(ii) AND 20.24.180(a)(2)(i)(ii) TO AUTOMATICALLY EXTEND CITY MAP RELATED APPROVALS approved vesting tentative maps, tentative maps and tentative parcel maps that had not expired prior to the signing of the bill on July 15, 2008, and that will expire before January 1, 2011; and 15 WHEREAS, SB 1185 also extends by 12 months any legislative, 16 administrative or other approval by any state agency that had not expired as of July 17 15, 2008, and increases from five years to six years the length of time a map may be 18 extended by discretionary action of a legislative body or advisory agency; and WHEREAS, the Carlsbad Municipal Code Title 20, Chapter 20.12, section 20.12.110(2)(a) currently provides that the Planning Commission (or City Council on appeal), when granting an extension of a tentative map shall make a 23 22 finding that all related City permits or approvals issued pursuant to Title 21 have 24 been extended to expire concurrently with the tentative map; and 25 WHEREAS, the Carlsbad Municipal Code Title 20, Chapter 20.24.,26 section 20.24.180(a)(2) currently provides that the City Engineer(or City Council, on appeal), when granting an extension of a tentative parcel map shall make a finding -1 - 1 2 extended to expire concurrently with the tentative map; and 3 WHEREAS, the City Council finds it necessary and desirable to have consistency 4 in expiration dates for related approvals; 5 NOW, THEREFORE, the City Council of the City of Carlsbad ordains6 7 8 9 13 19 20 21 22 23 24 25 26 28 that all related City permits or approvals issued pursuant to Title 21 have been as follows: SECTION 1: That section 20.12.110(2)(a)(i)(ii) is added to the Carlsbad Municipal Code to read as follows: 1 ° 20.12.110(a)(2)(i)(ii) - Extension of Tentative Maps 11 (i) All related City permits or approvals for maps which have 12 not expired as of July 15, 2008, and which will expire before January 1, 2011, which are automatically extended by Government Code section 66452.21, shall likewise be automatically extended to expire concurrently with the vesting tentative map, tentative map, or tentative parcel map. (ii) This section shall automatically sunset on January 1, 2011 unless Government Code section 66452.21 is extended by the state legislature, in which case this provision shall remain in 15 16 n effect concurrently with the effective date of the state law. 17 SECTION 2: That section 20.24.180 (a)(2)(i)(ii) is added to thei o Carlsbad Municipal Code to read as follows: 20.24.180 (a)(2)(i)(ii) - Extension Of Tentative Parcel Map (i) All related City permits or approvals for maps which have not expired as of July 15, 2008, and which will expire before January 1, 2011, which are automatically extended by Government Code section 66452.21, shall likewise be automatically extended to expire concurrently with the vesting tentative map, tentative map, or tentative parcel map. (ii) This section shall automatically sunset on January 1, 2011 unless Government Code section 66452.21 is extended by the state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law. 27 " -2- 7 8 9 11 12 13 15 16 17 18 19 20 21 22 23 24 27 28 1 SECTIONS: That section 20.12.110(a)(2) of the Carlsbad Municipal 3 Code is amended to read as follows: 4 20.12.110 - Extension of Tentative Map 5 (2) Upon receipt of a complete and timely application for extension the city engineer shall, not later than thirty days 6 after the expiration of the approved or conditionally approved tentative map, set the matter for public hearing by the planning commission. Notice of the hearing shall be given pursuant to Section 20.12.092. Normally, no extension pursuant to this section shall be for a period of more than one year, unless the planning commission (or city council on appeal) finds that an extension for a longer period, not exceeding six years, is warranted, giving consideration to any other extensions, the scope of the project, the previous expenditures made by the subdivider in furtherance of the subdivision, and the effect of the extension of the development on the community. No extension shall be granted or conditionally granted unless the planning commission (or city council on appeal) finds: that the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or growth management policies in existence at the time the extension is approved; that the subdivider is diligently pursuing those acts required to obtain a final map for the subdivision; that all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative map; and that such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative map. The total period of all extensions under this section shall not exceed six years. In granting an extension, the planning commission (or city council on appeal) may impose new conditions and may revise existing conditions. SECTION 4: That section 20.24.180(a)(2) of the Carlsbad Municipal Code is amended to read as follows: 25 (2) Upon receipt of a complete and timely application for 20.24.180 Extension of Tentative Parcel Map 26 extension, the city Engineer shall, not later than sixty days after the expiration of the approved or conditionally approved tentative parcel map, approve, conditionally approve or deny -3- 1 2 3 4 5 7 8 9 -,-! 12 13 18 19 20 21 22 23 24 25 26 27 28 the requested extension. Notice to affected property owners shall be given pursuant to Section 20.24.115. Normally, no extension pursuant to this section shall be for a period of more than one year, unless the city engineer (or city council, on appeal) finds that an extension for a longer period, not exceeding six years, is warranted, giving consideration to any other extensions, the scope of the project, the previous expenditures made by the subdivider and furtherance of the subdivision, and the effect of the extension of the 6 development on the community. No extension shall be granted or conditionally granted unless the city engineer (or city council, on appeal) finds: that the design and improvement of the subdivision are consistent with the general plan, Titles 20 and 21 of this code, and any public facility or development management policies in existence at the time the extension is approved; that the subdivider is diligently pursuing those acts required to obtain a parcel map for the subdivision; that all related permits or approvals issued pursuant to Title 21 have been extended to expire concurrent with the tentative parcel map; and that such permits and approvals as extended are consistent with the requirements of Title 21 of this code at the time of the extension of the tentative parcel map. The total period of all extensions under this section shall not exceed six years. In granting an extension, the city engineer (or city council, on appeal) may impose new conditions and may revise existing 15 16 17 '" /// /// /// HI /// conditions. -4- 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 EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the city clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 5th day of August , 2008, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the i2t-h day of August , 2008, by the following vote, to wit: AYES: Council Members Lewis, Kulcbin, Hall and Packard. NOES: None. ABSENT: Council Member Nygaard. APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney '?x,*x -5- LORRAINEIvi; WOOD, City d&rk (Sefel)