HomeMy WebLinkAbout2010-04-13; City Council; 20198; Amending Carlsbad Municipal Code Titles 15, 18 and 20 - Allow Deferral of Planned Local Drainge Area Fee, Acceptance of Rights of Way with Subordination Agreements Relating to Traffic Impact Fee, Allow Total of 16 years oCITY OF CARLSBAD - AGENDA BILL 9
20.198AB#
MTG. 4/13/10
DEPT. CED
AMENDMENTS TO THE CARLSBAD MUNICIPAL
CODE TITLES 15, 18 , AND 20 TO ALLOW FOR
THE DEFERRAL OF THE PLANNED LOCAL
DRAINAGE AREA FEE, TO ALLOW THE
ACCEPTANCE OF RIGHTS-OF-WAY WITH
SUBORDINATION AGREEMENTS, TO INCLUDE
RESIDENTIAL DEFINITIONS RELATING TO
TRAFFIC IMPACT FEES, TO ALLOW A TOTAL
OF SIXTEEN YEARS OF EXTENSIONS FOR
PHASED FINAL MAPS, AND TO ELIMINATE AN
EXEMPTION FROM IMPROVEMENT
REQUIREMENTS
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Introduce Council Ordinances No.
CS-087 and CS-088
CS-084 and CS-085 and CS-086 and
_, amending Carlsbad Municipal Code Title 15, Chapter 15.08,
Title 18, Chapters 18.40 and 18.42; and Title 20, Chapters 20.12 and 20.28, to allow for the deferral of
a planned local drainage area fee, to allow the city to accept rights-of-way with subordination
agreements, to include the definitions of "single-family detached", "condominium", and "apartments"
for use in the assessment of traffic impact fees, to allow the total combined time for extensions of
phased final maps not to exceed sixteen years, and to remove an exemption from improvements no
longer contained in the Subdivision Map Act.
ITEM EXPLANATION:
Title 15, Grading and Drainage, and Title 20, Subdivisions, require payment of a planned local
drainage area fee prior to the issuance of any building permit or occupancy permit or prior to final or
parcel map approval for a project, whichever comes first. Situations arise where the owner of a
property, often with discretionary approvals for a project, wants to do a parcel map to create large lots
that can be sold to facilitate financing and phased development. These parcel maps create large
development lots, but don't allow any specific development that would create impervious area. With
no imminent creation of impervious area, there is no nexus to collect the local drainage area fee. The
proposed action allows the deferral of payment of a planned local drainage area fee in the case of a
final map or parcel map that carries no development approvals and is being done for financial
purposes. Payment of the fee would still be required prior to the issuance of any subsequent building
permit or occupancy permit.
DEPARTMENT CONTACT: Glen Van Peski 760-602-2783 glen.vanpeski@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
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AMENDED
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Title 18, Building Codes and Regulations, Chapter 40, Dedications and Improvements, requires that
any irrevocable offer of dedication, grant of easement or other appropriate conveyance of rights-of-
way shall be free of all liens and encumbrances. As a matter of practice, this is often impractical, as
there are typically loans against the property. In these cases, the lienholders are required to execute
subordination agreements to subordinate their rights to the dedication, which effectively accomplishes
the requirement for the dedication to be free of liens and encumbrances. The proposed action revises
the municipal code to reflect the practical solution and allow the acceptance of rights-of-way with
necessary subordination agreements.
Traditionally a "condominium" has been defined as separate ownership units in a multiple unit
building. The California State law definition of "condominium" has changed since the Traffic Impact
Fee (TIP) was first introduced over 24 years ago to include uses that have little value in calculating the
number of average daily trips generated by a "condominium." This has created confusion when staff
has attempted to apply the State law definition of "condominium" in calculating the TIP. The proposed
changes to Title 18, Building Codes and Regulations, Chapter 42, Traffic Impact Fee, clarifies that the
definitions of "Single-family detached", "Condominium" and "Apartments" are to be consistent with the
Institute of Transportation Engineers guidebook "Trip Generation".
On July 15, 2008, the Governor of California signed Senate Bill 1185, which granted a one year
automatic time extension to approved tentative maps. Senate Bill 1185 also increased the total
number of years that can be granted by time extensions from five to six. Title 20, Subdivisions,
currently allows for the total combined time for extensions of phased final maps not to exceed fifteen
years (ten years for recording multiple final maps for a phased tentative map, plus five years for time
extensions requested per CMC 20.12.110(a)). The proposed action would allow for the total
combined time for extensions of phased final maps not to exceed sixteen years (ten years for
recording multiple final maps for a phased tentative map, plus six years for time extensions requested
per CMC 20.12.110(a)), to reflect the current limits in the Subdivision Map Act.
Previous versions of the Subdivision Map Act specified that subdivisions where all parcels were forty
acres or more, or subdivisions which created not more than two lots for financing purposes only, were
not subject to public improvement or dedication requirements. This exemption is reflected in Title 20,
Chapter 20.28, Section 20.28.080. Currently there is no such provision in the Subdivision Map Act, so
this proposed deletion of Title 20, Chapter 20.28, Section 20.28.080 would bring the Carlsbad
Municipal Code into conformance with the Subdivision Map Act.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065 and CEQA Guidelines section 15738, this action
does not constitute a "project" within the meaning of CEQA; and therefore, it does not require an
environmental review.
FISCAL IMPACT:
The deferral of planned local drainage fees may have a minor impact in so far as the deferral will
cause the loss of some interest earned on the deposited fee and/or the cost associated with the need
to fund projects in an area for which the fee has not been collected. However, the deferred fee has
the potential to be increased due to inflation and/or possible future increases in the fee itself.
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The acceptance of rights-of-way with subordination agreements will be cost neutral in so far as the fee
collected by the city for the processing of the agreements is sufficient to cover the cost incurred by the
city for their processing.
Adding the definitions for "single-family detached", "condominium" and "apartments" in Chapter 18.42
will have no fiscal impact. The historical practice had been to collect fees based on the State law
definition of "condominium", resulting in some single family detached projects being assessed traffic
impact fees based on the lower condominium traffic generation rate. Based on clarification from the
City Attorney, all single-family detached projects are now being assessed at the single-family
detached rate. The code change is to include the specific definitions to prevent future confusion.
EXHIBITS:
1. City Ordinance No. CS-084
2. City Ordinance No. CS-085
3. City Ordinance No. cs-086
4. City Ordinance No. CS-087
5. City Ordinance No. CS-Q88
1
ORDINANCE NO. CS-084
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING TITLE 15, CHAPTER
15.08 OF THE CARLSBAD MUNICIPAL CODE BY THE
4 REVISION OF SECTION 15.08.040 TO ALLOW DEFERRAL OF
THE PLANNED LOCAL AREA DRAINAGE FEE.
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6 The City Council of the City of Carlsbad, California, hereby ordains as follows:
7 That Title 15, Chapter 15.08, Section 15.08.040(f) is added to the Carlsbad Municipal
g Code to read as follows:
9 "15.08.040(f)Fee
(f) Where the approval of a final or parcel map does not convey any
I Q development rights, and subsequent discretionary actions are necessary for the
development of the property, the planned local drainage area fee may be
I1 deferred to the issuance of a building permit or occupancy permit or the next final
or parcel map approval for the project, whichever occurs first."
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EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
14 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.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
13th day of April. 2010, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
1 ORDINANCE NO. CS-085
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER
3 18.40 OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION
OF SECTION 18.40.030 TO ALLOW LIENS AND
4 ENCUMBRANCES TO BE SUBORDINATED WHEN RIGHTS-OF-
WAY ARE PROVIDED.
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6 The City Council of the City of Carlsbad, California, hereby ordains as follows:
7 That Title 18, Chapter 18.40, Section 18.40.030(a) of the Carlsbad Municipal Code is
3 amended to read as follows:
9 "18.40.030(a) Dedications required
(a) Any person who constructs or causes to be constructed any building in the
IQ city shall have provided by means of an irrevocable offer of dedication, grant of
easement or other appropriate conveyance, as approved by the city attorney, the
U rights-of-way necessary for the construction of any street, highway, or alley as
shown on the circulation element of the general plan, any applicable specific plans,
12 or as otherwise required by the city engineer in accord with an established street
system or plan. Rights-of-way shall also be provided for any improvements to
13 existing facilities including rights-of-way for storm drains or other required public
facilities. All rights-of-way shall be accompanied by a title examination report and
14 all liens and encumbrances shall be removed or subordinated to the City's
interests."
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16 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
17 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
18 a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
13th day of April. 2010, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
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ORDINANCE NO.CS-086
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 18, CHAPTER
18.42 OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION
OF SECTION 18.42.020 TO INCLUDE RESIDENTIAL
DEFINITIONS OF "CONDOMINIUM" AND "APARTMENTS"
RELATING TO TRAFFIC IMPACT FEES.
The City Council of the City of Carlsbad, California, hereby ordains as follows:
That Title 18, Chapter 18.42, Section 18.42.020(e) of the Carlsbad Municipal Code is
amended to read as follows:
"Table 18.42.020(e)
Land Use
Agricultural (Open space)
Airports
Commercial
General aviation
Heliports
Automobile
Car wash
Gasoline
Sales (Dealer and repair)
Auto repair center
Banking
Bank (Walk-in only)
Bank (with drive-through)
Drive-through only
Savings and Loans
Drive-through only
Cemeteries
Church (or Synagogue)
Commercial/retail centers
Super regional shopping center (more than 60 acres, more
than 600,000 sq. ft., with usually 3+ major stores)
Regional shopping center (30—60 acres, 300,000—600,000
sq. ft., with usually 2+major stores)
Community shopping center (less than 10 — 30 acres,
100,000—300,000 sq. ft., with usually 1 major store and
detached restaurant)
Neighborhood shopping center (less than 10 acres, less than
100,000 sq. ft., with usually a grocery store and drug store)
Commercial shops (also strip — commercial)
Grocery store
Convenience market
Discount
Furniture store
Lumber store
Hardware/paint store
Garden nursery
Education
University (4 years)
Estimated Weekday Vehicle
Trip Generation Rate
2/acre
12/acre, 100/flight, 70/1000 sq. ft.
4/acre, 2/flight, 6/based aircraft
100/acre
900/site, 600/acre
750/station, 130/pump
40/1000 sq. ft., 300/acre, 60/service stall
20/1000 sq. ft., 400/acre, 20/service stall
150/1 000 sq.ft., 1000/acre
200/1000 sq. ft., 1500/acre
300 (150 one-way )/lane
60/1 000 sq. ft., 600/acre
100(50one-way)/lane
5/acre
15/1000 sq. ft., 40/acre (triple rates for
Sunday, or days of assembly)
40/1 000 sq. ft., 400/acre
50/1000 sq. ft., 500/acre
70/1000 sq. ft., 700/acre
120/1000 sq. ft., 1200/acre
40/1 000 sq.ft., 400/acre
1 50/1000 sq. ft., 2000/acre
500/1 000 sq.ft.
70/1 000 sq. ft., 700/acre
6/1 000 sq.ft., 100/acre
30/1 000 sq.ft., 150 acre
60/1 000 sq.ft., 600/acre
40/1000sq.ft.,90/acre
2.5/student, 100/acre
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Junior college (2 years)
High school
Middle/Junior High
Elementary
Day care
Hospitals
General
Convalescent/Nursing
Industrial
Industrial/Business park (commercial included)
Industrial park (no commercial)
Industrial park (multiple shifts)
Manufacturing/Assembly
Warehousing
Storage
Science, research and development
Library
Lodging
Hotel (with convention facilities/restaurant)
Motel
Resort hotel
Military
Offices
Standard commercial office (less than 100,000 sq. ft.)
Large (high-rise) commercial office (more than 100,000
sq. ft.)
Standard commercial office (less than 100,000 sq. ft.)
Corporate office (single user)
Government office (single user)
Post office
Department of motor vehicles
Medical
Parks
City (developed)
Regional (undeveloped)
Neighborhood
Amusement (theme)
San Diego Zoo
Sea World
Recreation
Beach, ocean or bay
Beach, lake (fresh water)
Bowling center
Campground
Golf course
Marinas
Racquetball/health club
Tennis courts
Sports facilities
Outdoor stadium
Indoor arena
Racetrack
Theaters (multiplex)
Residential
Single-family detached
Condominium
Apartments
Mobile home
Family
Adults only
Retirement community
1 .6 student, 80/acre
1 .4 student, 50/acre
1 .0 student, 40/acre
1 .4 student, 60/acre
3/child, 70/1 000 sq.ft.
20/bed, 20/1000 sq. ft., 200/acre
3/bed
16/1 000 sq.ft., 200/acre
8/1 000 sq. ft.,90/acre
10/1000 sq. ft., 120/acre
4/1000 sq.ft., 60/acre
5/1 000 sq. ft., 60/acre
2/1000 sq. ft., 0.2/vault, 30/acre
8/1 000 sq. ft., 80/acre
40/1000sq.ft.,400/acre
10/room, 300/acre
9/room, 200/acre
8/room, 100/acre
2.5 military and civilian personnel
20/1 000 sq.ft., 300/acre
17/1000sq.ft.,600/acre
20/1 000 sq.ft., 300/acre
10/1 000 sq.ft., 140/acre
30/1 000 sq.ft.
150/1000 sq.ft.
180/1 000 sq. ft., 900/acre
50/1 000 sq.ft., 500/acre
50/acre
5/acre
5/acre
80/acre, 1 30/acre (summer only)
11 5/acre
80/acre
600/1000 ft. shoreline, 60/acre
50/1000 ft. shoreline, 5/acre
30/lane, 300/acre
4/campsite
8/acre, 600/course
4/berth, 20/acre
40/1000 sq. ft., 300/acre, 40/court
30/1000 sq. ft., 30/court
50/acre, 0.2/seat
30/acre, 0.1 /seat
40/acre, 0.6/seat
80/1 000 sq.ft., 1.8/seat
10/dwelling unit
8/dwelling unit
6/dwelling unit
5/dwelling unit, 40/acre
3/dwellling unit, 20/acre
4/dwelling unit
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Rural estate
Congregate care facility
Restaurants
Quality
Sit-down, high turnover
Fast food (with drive-through)
Transportation facilities
Bus depot
Truck terminal
Waterport
Transit station (rail)
12/dwelling unit
2/dwelling unit
100/1000 sq. ft., 500/acre
300/1000 sq. ft., 1200/acre
700/1 000 sq. ft., 3000/acre
25/1 000 sq.ft.
10/1000sq.ft.,60/acre
170/berth, 12/acre
300/acre
Note: As used in this table, "Single-family detached", "Condominium" and "Apartments"
7 shall be defined consistent with the Institute of Transportation Engineers guidebook "Trip
Generation". "Condominium" is defined as single family ownership units that have at least
8 one other single-family owned unit within the same building structure. "Apartments" are
defined as rental dwelling units located within the same building as at least three other
dwelling units. Duplexes that are not individual ownership units will be assessed at the
"Condominium" generation rate. In using this table, the square footage of the building,
structure or use shall include all interior floor area of a building or structure, and all usable
ground area of a use without a structure, except any designated open space area. Where
1 1 a table establishes traffic generation for a project on the basis of square footage, acreage,
or some other unit, the unit establishing the greatest number of trips shall be utilized.
12 When a project has more than one use the number of trips shall be calculated by adding
together all the trips generated by each use. For uses not listed in the table the trips shall
13 be calculated by the city engineer."
14 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
15 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
16 a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
13th day of April. 2010, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
1 ORDINANCE NO. CS-087
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTER
3 20.12 OF THE CARLSBAD MUNICIPAL CODE BY THE REVISION
OF SECTION 20.12.110 TO ALLOW FOR TOTAL TIME
4 EXTENSIONS OF SIXTEEN YEARS FOR PHASED FINAL MAPS.
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The City Council of the City of Carlsbad, California, hereby ordains as follows:
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That Title 20, Chapter 20.12, Section 20.12.110(b) of the Carlsbad Municipal Code is
7 amended as follows:
8 "20.12.110(b) Extension of tentative map
n (b) A tentative map for which the filing of multiple or "phased" final maps has
been authorized may be extended as follows:
IQ (1) If the subdivider is not subject to a requirement to construct or improve, or
finance the construction or improvement of public improvements outside the
1 1 boundaries of the tentative map, the cost of which equals or exceeds the amount
specified in Government Code Section 66452.6(a), as amended from time to time,
12 as determined at the time of the tentative map approval, then the subdivider may
request an extension pursuant to the provisions of subsection (a) of this section.
13 (2) When the subdivider is subject to a requirement to construct or improve or
finance the construction or improvement of public improvements outside the
14 boundaries of the tentative map, the cost of which equals or exceeds the amount
specified in Government Code Section 66452.6(a), as amended from time to time,
15 as determined at the time the tentative map is approved, then each filing of a final
map authorized by Section 20.20.020(c) of this code shall extend the expiration of
16 the approved or conditionally approved tentative map by thirty-six months from the
date it would otherwise have expired as provided in this section or the date of the
17 previously filed final map, whichever is later. The total combined time for
extensions under this subsection and subsection (b)(1) of this section shall not
18 exceed sixteen years from the date of the approval or conditional approval of the
tentative map. However, a tentative map for property subject to a development
19 agreement authorized by the state Government Code and this code may be
extended for a period of time provided for in the agreement, but not beyond the
20 duration of the agreement. "Public improvements" include traffic controls, streets,
roads, highways, freeways, bridges, overcrossings, street interchanges, flood
21 control or storm drain facilities, sewer facilities, water facilities, and lighting
facilities."
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23 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
24 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
25 a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
13th day of April. 2010, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
1
ORDINANCE NO. CS-088
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 CARLSBAD, CALIFORNIA, AMENDING TITLE 20, CHAPTER
20.28 OF THE CARLSBAD MUNICIPAL CODE BY REPEALING
4 SECTION 20.28.080, REMOVING AN EXEMPTION TO
IMPROVEMENT REQUIREMENTS.
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6 The City Council of the City of Carlsbad, California, hereby ordains as follows:
7 That Title 20, Chapter 20.28, Section 20.28.080 of the Carlsbad Municipal Code is
repealed.
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.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the
13th day of April, 2010, and thereafter
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad,
California, on the day of , 2010, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
CLAUDE A. LEWIS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)