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Home My WebLink About2010-04-27; City Council; 20210; Amend CMC Titles 15, 18, 20CITY OF CARLSBAD - AGENDA BILL 13 20.210AB# MTG. 4/27/10 DEPT. CLERK AMENDMENTS TO MUNICIPAL CODE REGARDING DEFERRAL OF DRAINAGE FEES, ACCEPTANCE OF RIGHTS-OF-WAY, RESIDENTIAL DEFINITIONS RELATING TO TRAFFIC IMPACT FEES, EXTENSIONS FOR PHASED FINAL MAPS, AND ELIMINATION OF EXEMPTION FROM IMPROVEMENT REQUIREMENTS DEPT. HEAD CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Ordinance Nos. CS-084. CS-085. CS-086. CS-087. and CS-088. amending 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 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: Ordinance Nos. CS-084. CS-085. CS-086. CS-087. and CS-088 were introduced and first read at the City Council meeting held on April 13, 2010. The second reading allows the City Council to adopt the ordinances which will become effective thirty days after adoption. The City Clerk will have the ordinances published within fifteen days, if adopted. FISCAL IMPACT: See AB #20,198 on file in the Office of the City Clerk. 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, does not require additional environmental review. EXHIBITS: 1. Ordinance No. CS-084. CS-085. CS-086. CS-087. and CS-088. DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov FOR CITY CLERKS USE ONL Y. / COUNCIL ACTION: APPROVED JQ DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER - SEE MINUTES D 1 ORDINANCE NO.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. 5 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 development rights, and subsequent discretionary actions are necessary for the development of the property, the planned local drainage area fee may be 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." 12 ] _ 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. 17 '" 18 <" 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 13th day of April, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of April, 2010 by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: Mayor Lewis ABSTAIN: None APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney ./O. CLAUDE A LEWIS, Mayt Ann J. Kulchin, Mayor Pro Tem ATTEST: LORRAINE Karen R. Kundtz, Assistant City Clerk 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. 5 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 8 amended to read as follows: g "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 11 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." 15 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. 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 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 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 13th day of April, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of April, 2010 by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: Mayor Lewis ABSTAIN: None APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEWpMayo Ann J. Kulchin, Mayor Pro Tern ATTEST: LORFtAtNE Karen R. Kundtz, Assistant City Clerk (SEAL) 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 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 150/1000 sq. ft., 1000/acre 200/1000 sq. ft., 1500/acre 300 (150 one-way)/lane 60/1 000 sq.ft., 600/acre 1 00 (50 one-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 50/1 000 sq. ft., 500/acre 70/1 000 sq. ft.,700/acre 120/1000 sq.ft., 1200/acre 40/1 000 sq.ft., 400/acre 150/1000 sq. ft., 2000/acre 500/1000 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 40/1 000 sq. ft.,90/acre 2.5/student, 100/acre 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 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 1 6/1 000 sq.ft., 200/acre 8/1 000 sq. ft., 90/acre 10/1 000 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 8/1000 sq.ft., 80/acre 40/1 000 sq. 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. 150/1 000 sq.ft. 180/1000 sq. ft., 900/acre 50/1000sq.ft.,500/acre 50/acre 5/acre 5/acre 80/acre, 1 30/acre (summer only) 1 1 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 80/1000 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 28 1 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 700/1000 sq. ft., 3000/acre 25/1 000 sq.ft. 10/1000 sq. ft., 60/acre 170/berth, 12/acre 300/acre 1 2 3 4 5 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 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 11 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. 17 /// 18 /// 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 13th day of April, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of April, 2010 by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: Mayor Lewis ABSTAIN: None APPROVED AS TO FORM AND LEGALITY £i \ c^ezsxz^ RONATD R. BALL, City Attorney < . 2Jr> to. CLAUDE A LEWl£, May6r Ann J. Kulchin, Mayor Pro Tem ATTEST: LORRAINElM/WGtoD^ity Clerk Karen R. Kundtz, Assistant 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. 5 The City Council of the City of Carlsbad, California, hereby ordains as follows: 6 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 o (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." 22 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. 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 13th day of April, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of April, 2010 by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: Mayor Lewis ABSTAIN: None APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A LEVIvlayo Ann J. Kulchin, Mayor Pro Tem ATTEST: LORBAINE WWO0D, Qticierko* Karen R. Kundtz , Assistant City Clerk (SEAL) 1 ORDINANCE NO. CS-088 2 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. 5 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. 13 14 /'/ 15 "/ 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /JU 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 13th day of April, 2010, and thereafter. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 27th day of April, 2010 by the following vote to wit: AYES: Council Members Kulchin, Hall, Packard, Blackburn NOES: None ABSENT: Mayor Lewis ABSTAIN: None APPROVED AS TO FORM AND LEGALITY I OT« RONALD R. BALL, City Attorney CLAUDE A LEVVJ& Mayor Ann J. Kulchin, Mayor Pro Tem ATTEST: LO' Karen R. Kundtz, Assistant City Clerk (SEAL)