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HomeMy WebLinkAbout2011-04-05; City Council; 20498; AMENDING THE CMCCITY OF CARLSBAD - AGENDA BILL 20.498AB# MTG. 4/ 05 711 DEPT.CED AMENDMENTS TO THE CARLSBAD MUNICIPAL CODE, TITLE 11 - PUBLIC PROPERTY, TITLE 15 - GRADING AND DRAINAGE, AND TITLE 20 - SUBDIVISIONS, TO IMPLEMENT VARIOUS RECOMMENDATIONS OF THE DEVELOPMENT REVIEW PROCESS WORKING GROUP SUMMARY RECOMMENDATIONS REPORT - MCA 10-02 DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council INTRODUCE Ordinance No. CS-135. AMENDING the Carlsbad Municipal Code, Title 11 - Public Property, Title 15 - Grading and Drainage, and Title 20 - Subdivisions, to implement various Municipal Code amendments recommended by the Development Review Process (DRP) Working Group Summary Recommendations Report (November 17, 2009). ITEM EXPLANATION: This proposal is one in a series of Municipal Code amendments recommended by the city's Development Review Process (DRP) Working Group (2009), and consists of city-initiated amendments to implement specific recommendations from the Entitlement Protection and Project Closeout Streamlining initiatives, as identified in the DRP Summary Recommendations Report accepted by City Council on November 17, 2009. The proposed amendments are specifically described as follows: Title 11, Section 11.16.145(C) requires an improvement plan review fee pursuant to the City of Carlsbad Fee Schedule established by resolution of the City Council, for the purpose of defraying the cost of processing and reviewing improvement plans. The current fee schedule was not intended to cover the cost of processing improvement plans delayed and extended due to economic considerations beyond the control of the applicant, or due to significant changes to the original design proposed by the applicant, or simply due to lack of diligence on the part of the applicant. The proposed amendment would allow the city to charge an additional plan review fee of 15% of the current plan review fee, to recover the costs of additional staff time spent in reviewing new and updated information on the revised plans and other associated revised reports, and ensuring compliance with current city requirements. Title 11, Section 11.16.145(0) requires city approval of improvement plan applications within one year following the date of application or the application is deemed withdrawn. Improvement plans associated with complex projects (i.e. projects with environmental and/or stormwater related issues, or that require approval from other state agencies), or projects affected by an economic downturn, often need longer than one year to obtain final approval. The proposed amendment extends the time DEPARTMENT CONTACT: Glen Van Peski 760-602-2783 Glen.VanPeski @carlsbadca.aov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED * aap CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES Daaa Page 2 limit to three years, or the life of the related tentative map, to provide applicants adequate time to process plans. This amendment saves the applicants money by not having to pay a completely new plan check fee and saves staff time by not processing a new improvement plan application. Title 11, Section 11.16.145(E) authorizes the city engineer to refund not more than 80% of the improvement plan review fee upon written application filed by the applicant, when the applicant has withdrawn the improvement plan application. The proposed amendment will extend the provision to include improvement plan applications deemed withdrawn by action of Section 11.16.145(6). Title 15, Section 15.16.065(0) requires a grading plan review fee pursuant to the City of Carlsbad Fee Schedule established by resolution of the City Council, for the purpose of defraying the cost of processing and reviewing grading plans. The current fee schedule was not intended cover the cost of processing grading plans delayed and extended due to economic considerations beyond the control of the applicant, or due to significant changes to the original design proposed by the applicant, or simply due to lack of diligence on the part of the applicant. The proposed amendment would allow the collection of an additional plan review fee of 25% of the current plan review fee, to recover the costs of additional staff time in reviewing new and updated information on the revised plans and other associated revised reports, and ensuring compliance with current city requirements. Title 15, Section 15.16.065(E) requires city approval of grading plan applications within one year following the date of application or the application is deemed withdrawn. Grading plans associated with complex projects (i.e. projects with environmental and/or stormwater related issues, or that require approval from other state agencies), or projects affected by an economic downturn, often need longer than one year to obtain final approval. The proposed amendment extends the time limit to three years, or the life of the related tentative map, to provide applicants adequate time to process plans. This amendment saves the applicants money by not having to pay a completely new plan check fee and saves staff time by not processing a new grading plan application. Title 15, Section 15.16.065(F) authorizes the city engineer to refund not more than 80% of the grading plan review fee upon written application filed by the applicant, when the applicant has withdrawn the grading plan application. The proposed amendment will extend the provision to include grading plan applications deemed withdrawn by action of Section 15.16.065(E). Title 15, Section 15.16.100(A) requires issuance of a grading permit within two hundred and forty days following the date of the grading permit application or the application is deemed withdrawn. The proposed amendment changes the time limit to three years to provide applicants adequate time to process grading plans and start grading operations. Title 15, Section 15.16.100(6) currently authorizes the city engineer to refund not more than 80% of the grading permit fee when a grading permit application is withdrawn. The proposed amendment would allow the city engineer to refund the entire grading permit fee, since many times the projects are cancelled before any pre-construction work or grading has started, so no inspection has been performed. Title 15, Section 15.16.120(A)(3) provides a time limit of one hundred and eighty days to fully perform and complete all the work required to be done pursuant to grading permit. Often, larger and complex projects cannot be completed within one hundred and eighty days. The proposed amendment changes the construction time limit to one year to provide adequate time for complex or larger projects. Title 15, Section 15.16.140(D)(4) requires that the cash deposit to secure grading work be no less than five hundred dollars. The cash deposit is available for emergency use by the city to install PageS required erosion control. With increased construction costs, it is recommended that the minimum cash deposit to implement erosion control on a small project be increased to one thousand five hundred dollars. Title 20, Section 20.08.050 sets forth requirements for improvement plan review and inspection, including fees. To avoid duplication and provide consistency, the proposed amendment references Section 11.16.145(0). Title 20, Section 20.12.100(d) defines timely and complete filing of the final map as the date when the map is received by the city clerk. The proposed amendment is proposed to define the timely and complete filing as the date upon which the final map is received and deemed complete by the city engineer, consistent with the Subdivision Map Act section 66452.6(d). Title 20, Section 20.12.110(a)(2) states that the default tentative map extension period is one year, and requires a finding that the developer is "diligently pursuing those acts required to obtain a final map". The proposed amendment modifies the default extension period to two years, and removes the "diligently pursuing" finding. Due to economic conditions, outside agency permits, and other conditions, many applicants are unable to secure financing and/or make progress on their projects. The additional year period will provide for additional time for the applicant to complete all work necessary to record a final map. Title 20, Sections 20.16.090(2) allows improvement security to be reduced to 50%. For many projects, due to economic conditions, the improvements may only be lacking the final paving for a long time. The proposed amendment will allow the improvement security to be reduced to 25% if conditions warrant. Title 20, Section 20.24.180(a)(2) states that the default tentative parcel map extension period is one year, and requires a finding that the developer is "diligently pursuing those acts required to obtain a parcel map". The proposed amendment modifies the default extension period to two years, and removes the "diligently pursuing" finding. ENVIRONMENTAL IMPACT: Carlsbad Municipal Code Title 19, Environmental Protection Procedures, identifies minor municipal code amendments which do not lead to physical improvements beyond those typically exempt or which refine or clarify existing land use standards as being exempt from the California Environmental Quality Act (CEQA) and thus not requiring environmental review. This exemption is pursuant to State CEQA Guidelines Section 15061 (b)(3), which states "when it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA." FISCAL IMPACT: The additional fee requirements will have fiscal benefit to the city since it will allow an additional plan review fee of 15% of the current improvement plan review fee and 25% of the current grading plan review fee to be collected by the city. The extra staff time has been estimated for a typical size project, and the additional fees will recover the average cost of staff time for the additional plan processing not otherwise covered by the current City of Carlsbad Fee Schedule. Actual fee revenue generated will depend on the number of projects requiring additional plan check time. 3 Page 4 Increasing the plan processing time limits may have fiscal benefit to the city since this will streamline the process and potentially save staff time in processing requests for time extensions or processing new plan review applications for existing projects. Refunding the unused portion of plan review fees and grading permit fees will be cost neutral, since the city will not allow a refund for the cost already incurred by the city at the time the project was deemed withdrawn. Revising the minimum cash deposit for grading work will have limited fiscal impact for applicants. It does not affect the overall amount of the required security, and many times on smaller projects, applicants elect to post the entire security amount in cash for convenience. EXHIBITS: 1, City Ordinance No. CS-135 2. Redlined version of proposed Ordinance 1 ORDINANCE NO. CS-135 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD 3 MUNICIPAL CODE, TITLE 11 - PUBLIC PROPERTY, TITLE 15 - GRADING AND DRAINAGE, AND TITLE 20 - SUBDIVISIONS, TO 4 IMPLEMENT VARIOUS RECOMMENDATIONS OF THE DEVELOPMENT REVIEW PROCESS WORKING GROUP 5 SUMMARY RECOMMENDATIONS REPORT - MCA 10-02 6 The City Council of the City of Carlsbad, California, hereby ordains as follows: 7 8 Section 1: 9 That Title 11, Chapter 11.16, Sections 11.16.145(C)-(E) are amended to read as follows: 10 "11.16.145 -Improvement plans. 11 C. An improvement plan review fee and inspection fee shall be charged by the city for the processing of the improvement plan review and inspecting the 12 improvements during construction. The fees shall be established by resolution of the city council and are for the purpose of defraying the cost of processing the 13 improvement plan review and inspecting the improvements during construction. The improvement plan review fee and inspection fee are in addition to any other 14 plan review, inspection and permit issuance fees charged for the issuance of a right-of-way permit or processing grading plans and building plans or, the issuance 15 of permits thereto. An additional improvement plan review fee of fifteen percent of the current plan review fee may be charged for improvement plan applications for 16 which the city approval is not granted within twenty-four months following the original date of application. 17 D. Improvement plan applications for which city approval is not granted within three 18 years following the date of application shall be deemed withdrawn, provided the improvement plans are not associated with a tentative map, tentative parcel map, 19 vesting tentative map, or vesting tentative parcel map, in which case the improvement plan application shall be deemed withdrawn on the date of the 20 expiration of the associated tentative map. The improvement plans and other documents submitted for review may thereafter be returned to the applicant or 21 destroyed by the city engineer. In order to renew action on an application after withdrawal, the applicant shall resubmit a new application and pay new improvement 22 plan review and inspection fees. 23 E. The city engineer may authorize refunding of the entire improvement plan inspection fee and refunding the unused amount not exceeding eighty percent of the 24 improvement plan review fee paid when an application for an improvement plan is withdrawn 1) in accordance with this section, or 2) upon written application filed by 25 the original applicant not later than sixty days after withdrawal of the improvement plan application by the applicant, when withdrawn prior to completion of the 26 improvement plan review." 27 28 1 Section 2: 2 That Title 15, Chapter 15.16, Section 15.16.065 (D) - (F) of the Carlsbad Municipal Code T is amended to read as follows: "15.16.065 - Application for grading plan. D. A grading plan review fee shall be charged by the city for the processing of the grading plan review. The fee shall be established by resolution of the city council and is for the purpose of defraying the cost of processing the grading plan review. The grading plan review fee is in addition to any other plan review, inspection and permit issuance fees charged for the issuance of a grading permit or processing improvement plans and building plans or the issuance of permits thereto. An „ additional grading plan review fee of twenty-five percent of the current plan review fee may be charged for grading plan applications for which the city approval is not granted within twenty-four months following the original date of application. E. Grading plan applications for which city approval is not granted within three years following the date of application shall be deemed withdrawn, provided the 1 improvement plans are not associated with a tentative map, tentative parcel map, vesting tentative map, or vesting tentative parcel map, in which case the grading 12 plan application shall be deemed withdrawn on the date of the expiration of the associated tentative map. The grading plans and other documents submitted for 13 review may thereafter be returned to the applicant or destroyed by the city engineer. In order to renew action on an application after withdrawal, the applicant 14 shall resubmit a new application and pay a new grading plan review application fee. 15 F. The city engineer may authorize refunding of not more than eighty percent of 16 the grading plan review fee paid when an application for a grading plan is withdrawn 1) in accordance with this section, or 2) upon written application filed by 17 the original permittee not later than sixty days after withdrawal of the grading plan application by the applicant, when withdrawn prior to completion of the grading 18 plan review." 19 Section 3: 90 That Title 15, Chapter 15.16, Section 15.16.100(A) - (B) of the Carlsbad Municipal Code is amended to read as follows: 22 "15.16.100 -Withdrawal of grading permit applications. 23 A. Applications for which no grading permit is issued within three years following the date of application shall be deemed withdrawn. Plans and other documents 24 submitted for review may thereafter be returned to the applicant or destroyed by the city engineer. In order to renew action on an application after withdrawal, the applicant shall resubmit a new application and pay a new grading permit application 26 27 B. The city engineer may authorize refunding of the grading permit application fee paid when an application for a grading permit is withdrawn 1) in accordance with this 28 " 1 section, or 2) upon written application filed by the original permittee not later than sixty days after withdrawal of the grading permit application by the applicant. 2 Section 4: 3 4 That Title 15, Chapter 15.16, Section 15.16.120(A)(3) of the Carlsbad Municipal Code is amended to read as follows:5 "15.16.120 - Grading permit limitations, requirements and procedures. 6 A.3. Time Limits; Extensions. The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified therein or, if no time is so specified, within one year after the date of issuance of the permit. The specified time limit may be extended by action of the city engineer upon written request of the permittee, owner or surety showing that good and sufficient cause has prevented the permittee from completing the grading work 1 ~ within the allotted time limit. All such extension requests shall be accompanied by an extension fee in an amount as established by city council resolution." 11 Section 5: 12 That Title 15, Chapter 15.16, Section 15.16.140(D)(4) of the Carlsbad Municipal Code is amended to read as follows: "15.16.140 - Grading and erosion control agreement and securities. 15 (D)(4) The city engineer may require that up to ten percent of the engineer's estimated cost for the grading work be submitted in the form of a cash deposit, 16 provided however, that no such cash deposit shall be less than one thousand five hundred dollars. The cash deposit may be utilized by the city to cure any default in 17 regard to the performance of work covered by the grading and erosion control agreement including but not limited to cleaning, repair and rehabilitation of public 18 or private facilities that are damaged by sedimentation, erosion or construction activities and to insure that adequate safeguards for the prevention of erosion and 19 sedimentation are in place when needed;" 20 Section 6: 21 That Title 20, Chapter 20.08, Section 20.08.050 of the Carlsbad Municipal Code is 22 amended to read as follows: 23 "20.08.050 - Improvement plan review and construction inspection fees. All construction and installation of improvements shall be subject to plan review and inspection by the city engineer or other appropriate department, and the subdivider shall arrange for inspection prior to starting construction or installation of the improvements. The cost to the city of examining improvement plans, inspecting improvements and monuments shall be paid by the subdivider in accordance with Section 11.16.145(C)." 27 Section 7: 28 1 That Title 20, Chapter 20.12, Section 20.12.100(d) of the Carlsbad Municipal Code is 2 amended to read as follows: ., "20.12.100 - Expiration of tentative maps. 4 (d) Prior to the expiration of the tentative map, a final map conforming to the requirements of Chapter 20.20 may be filed with the city council for approval. The 5 final map shall be deemed filed with the city council on the date it is received by the city engineer. Once a timely and complete filing has been made pursuant to 6 this section, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may occur after the date of expiration of the 7 tentative map. The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map of all or any portion of the 8 real property included within the tentative map shall be filed without first processing a new tentative map." 9 Section 8: 10 That Title 20, Chapter 20.12, Section 20.12.110(a)(2) of the Carlsbad Municipal Code is 11 amended to read as follows: 12 "20.12.110 - Extension of tentative map. 13 (a)(2) Upon receipt of a complete and timely application for extension the city 14 engineer shall, not later than thirty days after the expiration of the approved or conditionally approved tentative map, set the matter for public hearing by the 15 planning commission. Notice of the hearing shall be given pursuant to Section 20.12.092. Extensions pursuant to this section shall normally be for a period of two 16 years, unless the planning commission (or city council on appeal) finds that an extension for a shorter or longer period, not exceeding six years, is warranted, 17 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 18 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 19 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 20 facility or growth management policies in existence at the time the extension is approved; that all related permits or approvals issued pursuant to Title 21 have 21 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 22 code at the time of the extension of the tentative map. The total period of all extensions granted under this section shall not exceed six years. In granting an 23 extension, the planning commission (or city council on appeal) may impose new conditions and may revise existing conditions."24 25 ! /// 26 /// 27 28 1 Section 9: 2 That Title 20, Chapter 20.16, Section 20.16.090(2) of the Carlsbad Municipal Code is 3 amended to read as follows: 4 "20.16.090 - Improvement security - Release. 5 (2) The city engineer may release a portion of the security in conjunction with the acceptance of the performance of the act or work as it progresses upon application 5 therefore by the subdivider; provided, however, that no such release shall be for an amount less than twenty-five percent of the total improvement security given for 7 faithful performance of the act or work. In no event shall the city engineer authorize a release of the improvement security which would reduce such security to an 8 amount below that required to guarantee the completion of the act or work and any other obligation imposed by this title, the Subdivision Map Act or the improvement 9 agreement." 10 M Section 10: 11 That Title 20, Chapter 20.24, Section 20.24.180(a)(2) of the Carlsbad Municipal Code is 12 amended to read as follows: 13 "20.24.180 - Extension of tentative parcel map. 14 15 (a)(2) Upon receipt of a complete and timely application for 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 the requested extension. Notice to affected property owners shall be given 17 pursuant to Section 20.24.115. Extensions pursuant to this section shall normally be for a period of two years, unless the city engineer (or city council, on appeal) , ~ finds that an extension for a shorter or longer period, not exceeding six years, is warranted, giving consideration to any other extensions, the scope of the project, ,n the previous expenditures made by the subdivider and furtherance of the subdivision, and the effect of the extension of the development on the community. 2Q 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 22 is approved; 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 23 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 24 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 25 conditions and may revise existing conditions." 26 EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and 27 the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in 28 a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its adoption. 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 5th day of April_2011, and thereafter PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad, California, on the day of , 2011, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, City Attorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) Development Review Process Code Amendment Glen K. Van Peski April 5, 2011 Development Review Process (DRP) •Summary recommendations report •4 major themes •48 recommendations •9 initiatives DRP Status •18-month implementation schedule •June 30, 2010: 0% 20% 40% 60% 80% 100% 1 2 3 4 5 6 7 8 9 DRP Status •18-month implementation schedule •December 31, 2010: 0% 20% 40% 60% 80% 100% 1 2 3 4 5 6 7 8 9 DRP Status •18-month implementation schedule •After proposed code amendments: 0% 20% 40% 60% 80% 100% 1 2 3 4 5 6 7 8 9 Code Changes Proposed •Initiative 1 –Entitlement Protection •Initiative 3 –Project Closeout Streamlining •Miscellaneous –grading ordinance Initiative 1: Entitlement Protection •Facilitates tentative map time extensions •Extends life of grading and improvement plans •Reduces re-check fee for engineering plans •Extends life of grading permits •Clarifies ‘timely filing’ for final maps Tentative Map Time Extensions •Increases the default time extension from 1 year to 2 years •Removes ‘diligently pursuing’ requirement •Current: $ Life of Engineering Plans 1 year + 180 days •Current: $$ Life of Engineering Plans 1 year + 180 days 1 year + 180 days •Current: $$ •Proposed: $ Life of Engineering Plans 1 year + 180 days 1 year + 180 days Life of tentative map (3 years if no map) •Current: $$ •Proposed: $$ Life of Engineering Plans 1 year + 180 days 1 year + 180 days Life of tentative map (3 years if no map) •Current: Life of Grading Permit 240 days to pull permit 180 days to grade •Current: •Proposed: Life of Grading Permit 240 days to pull permit 180 days to grade 3 years to pull permit 1 year to grade Timely Filing of Final Maps •Clarifies filing is with city engineer •Final map must comply with CMC 20.20 •Consistent with Subdivision Map Act Initiative 3: Project Closeout •Allows reduction of improvement security to less than 50 percent Improvement Security Reduction •Current: 0% 25% 50% 75% 100% Improvement Security Reduction •Proposed: 0% 25% 50% 75% 100% Miscellaneous: Grading Ordinance •Increases maximum possible refund of grading permit fee •Increases minimum cash deposit for grading and erosion control Development Review Process (DRP) •Questions?