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HomeMy WebLinkAbout2009-05-19; City Council; 19821; Amending CMC regarding tentative map expirationCITY OF CARLSBAD - AGENDA BILL 10 AB# MTG. DEPT. 19.821 05/19/09 CA Amending Sections 20.12.100(a) and 20.24.160(a) of the Carlsbad Municipal Code Regarding Tentative Map Expiration DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Introduce Ordinance No. CS-032 amending sections 20.12.100(a) and 20.24.160(a) of the Carlsbad Municipal Code regarding tentative map expiration. ITEM EXPLANATION: At its workshop of Tuesday, April 28, 2009, the City Council considered a number of measures collectively known as the Local Stimulus Act in order to assist the local business community through the current adverse economic conditions. One of the ways to assist local businesses and developers is to extend the initial life for tentative maps from the existing 24 months to 36 months during this economic crisis. The attached ordinance does this and does so for a three year period unless it is further extended by action of the City Council. The City Council should satisfy itself that the attached ordinance accurately reflects its intentions in this regard. If so, the recommended action is to introduce the proposed ordinance. FISCAL IMPACT: There will be a minor reduction in staff time in processing extensions of tentative maps and a commensurate reduction resulting in no net fiscal impact. ENVIRONMENTAL IMPACT: The adoption of this ordinance will have no foreseeable physical effects on the environment and therefore is not a project within the meaning of CEQA (Regulation 153789(b)). EXHIBITS: 1. 2. 3. 4. 5. Ordinance No. CS-032 Redline version of CMC 20.12.100(a) Redline version of CMC 20.24.160(a) Amended CMC section 20.12.100(a) Amended CMC section 20.24.160(a) DEPARTMENT CONTACT: Ron Ball (760) 434-2891 FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED 4nnn D CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES nnnn 1 ORDINANCE NO. CS-032 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTIONS - 20.12.100(a) and 4 18 19 20 21 22 EXHIBIT 1 20.24.160(al - EXPIRATION OF TENTATIVE MAPS 5 ,, WHEREAS, in light of the current economic crisis Council has directed staff to 6 amend the regulatory process for projects submitted to the City whenever possible while 7 maintaining the City's high-quality standards; and 8 WHEREAS, the City Council has finalized an action plan known as the Local 9 Stimulus Act in order to assist the business community whenever possible through the 10 current adverse economic conditions which is projected to last three years in our ten year 11 forecast; and 12 WHEREAS, because of the economic turmoil it has become evident that 13 developers cannot implement their maps due to the lack of financing available; and 14 WHEREAS, Council has expressed an interest in extending the initial life of 15 tentative maps to help ease the economic constraints. 16 NOW, THEREFORE, the City Council of the City of Carlsbad ordains as follows: 17 SECTION 1: That section 20.12.100(a) of the Carlsbad Municipal Code is amended to read as follows: 20.12.100 - Expiration of tentative maps. (a) The approval or conditional approval of a tentative map shall expire twenty-four months from the date the map was approved or conditionally approved unless it has been extended pursuant to Section 20.12.110 of this chapter, however, for the time periodoobeginning with the effective date of this ordinance and continuing 24 for three years thereafter, a tentative map shall expire 36-months from the date it was approved or conditionally approved. This 36 25 month extended time shall expire three years from the effective date of this ordinance unless prior to that time, the City Council amends this provision. 27 28 -1 - 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 amended to III III III III III III III III I/I III III III SECTION 2: That section 20.24.160(a) of the Carlsbad Municipal Code is read as follows: 20.24.160 - Expiration of tentative parcel map. (a) The approval or conditional approval of a tentative parcel map shall expire twenty-four months from the date the map was approved or conditionally approved unless it has been extended in accord with Section 20.24.180 of this chapter, however, for the time period beginning with the effective date of this ordinance and continuing for three years thereafter, a tentative map shall expire 36-months from the date it was approved or conditionally approved. The 36-month extended time shall expire three years from the effective date of this ordinance unless prior to that time, the City Council amends this provision. -2- 3 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 iqi-Viday of _, 2009, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of _ AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: _, 2009, by the following vote, to wit: RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (Seal) -3- EXHIBIT 2 20.12.100 Expiration of tentative maps. (a) The approval or conditional approval of a tentative map shall expire twenty-four months from the date the map was approved or conditionally approved unless itThas _,-{Deleted;i been extended pursuant to Section 20.12.110 of this chapter, however, for the time period beginning with the effective date of this ordinance and continuing for three years thereafter, a tentative map shall expire 36-months from the date it was approved or conditionally approved. This 36 month extended time shall expire three years from the effective date of this ordinance unless prior to that time, the City Council amends this provision..Deleted: EXHIBITS 20.24.160 Expiration of tentative parcel map. (a) The approval or conditional approval of a tentative parcel map shall expire twenty- four months from the date the map was approved or conditionally approved unless it has been Textended in accord with Section 20.24.180 of this chapter, however, for the time period beginning with the effective date of this ordinance and continuing for three years thereafter, a tentative map shall expire 36-months from the date it was approved or conditionally approved. The 36-month extended time shall expire three years from the effective date of this ordinance unless prior to that time, the City Council amends this provision. j Deleted:! EXHIBIT 4 20.12.100 Expiration of tentative maps. (a) The approval or conditional approval of a tentative map shall expire twenty-four months from the date the map was approved or conditionally approved unless it has been extended pursuant to Section 20.12.110 of this chapter, however, for the time period beginning with the effective date of this ordinance and continuing for three years thereafter, a tentative map shall expire 36-months from the date it was approved or conditionally approved. This 36 month extended time shall expire three years from the effective date of this ordinance unless prior to that time, the City Council amends this provision. EXHIBITS 20.24.160 Expiration of tentative parcel map. (a) The approval or conditional approval of a tentative parcel map shall expire twenty- four months from the date the map was approved or conditionally approved unless it has been extended in accord with Section 20.24.180 of this chapter, however, for the time period beginning with the effective date of this ordinance and continuing for three years thereafter, a tentative map shall expire 36-months from the date it was approved or conditionally approved. The 36-month extended time shall expire three years from the effective date of this ordinance unless prior to that time, the City Council amends this provision. BUILDING INDUSTRY BUILDING INDUSTRY ASSOCIATION OF SANASSOCIATION OF SANASSOCIATION OF SAN ASSOCIATION OF SAN DIEGO COUNTYDIEGO COUNTYRECOMMENDATIONS ONRECOMMENDATIONS ONRECOMMENDATIONS ON RECOMMENDATIONS ON THE INITIAL LIFE OF THE INITIAL LIFE OF TENTATIVE MAPS & TENTATIVE MAPS & ENTITLEMENTSENTITLEMENTS THE BIA SUPPORTS INCREASING THETHE BIA SUPPORTS INCREASING THETHE BIA SUPPORTS INCREASING THE THE BIA SUPPORTS INCREASING THE INITIAL LIFE OF TENTATIVE MAPS INITIAL LIFE OF TENTATIVE MAPS TO 3 YEARS AND COMMENDS THETO 3 YEARS AND COMMENDS THETO 3 YEARS AND COMMENDS THE TO 3 YEARS AND COMMENDS THE CITY FOR IMPLEMENTING THIS CITY FOR IMPLEMENTING THIS IMPORTANT ECONOMIC STIMULUSIMPORTANT ECONOMIC STIMULUSIMPORTANT ECONOMIC STIMULUS IMPORTANT ECONOMIC STIMULUS MEASURE.MEASURE. WE RECOMMEND THAT THIS SAMEWE RECOMMEND THAT THIS SAMEWE RECOMMEND THAT THIS SAME WE RECOMMEND THAT THIS SAME 33--YEAR LIFE ALSO BE GIVEN TO YEAR LIFE ALSO BE GIVEN TO OTHER LAND USE ENTITLEMENTS OTHER LAND USE ENTITLEMENTS ONUSNNSONUSNNSTHAT MAY OR MAY NOT BE THAT MAY OR MAY NOT BE ASSOCIATED WITH A TENTATIVE ASSOCIATED WITH A TENTATIVE MAP APPROVAL.MAP APPROVAL.(E.G., PLANNED INDUSTRIAL (E.G., PLANNED INDUSTRIAL PERMITS, PLANNED RESIDENTIAL PERMITS, PLANNED RESIDENTIAL DEVELOPMENT PERMITS, SPECIAL DEVELOPMENT PERMITS, SPECIAL USE PERMITS, SITE DEVELOPMENT USE PERMITS, SITE DEVELOPMENT PLANS ETC )PLANS ETC )PLANS, ETC.)PLANS, ETC.)