HomeMy WebLinkAbout2011-04-26; City Council; 20527; AMENDMENTS TO CARLSBAD MUNICIPAL CODE TITLES 11 15 AND 20 TO IMPLEMENT VARIOUS RECOMMENDED CHANGES MCA 10-01CITY OF CARLSBAD - AGENDA BILL 19//
AB# 20,527
MTG. 4/26/11
DEPT.CLERK
AMENDMENTS TO CARLSBAD MUNICIPAL CODE
TITLES 11,15, AND 20 TO IMPLEMENT
VARIOUS RECOMMENDED CHANGES
MCA 10-02
DEPT. HEAD
CITY ATTY.
CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. CS-135, amending Title 11- Public Property, Title 15 - Grading and
Drainage, and Title 20 - Subdivisions, of the Carlsbad Municipal Code to implement various
amendments that were recommended by the Development Review Process (DRP) Working
Group and contained in their Summary Recommendations Report, dated November 17, 2009.
ITEM EXPLANATION:
Ordinance No. CS-135 was introduced and first read at the City Council meeting held on April
5, 2011. The second reading allows the City Council to adopt the ordinance which will
become effective thirty days after adoption. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See AB #20,498 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-135.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER - SEE MINUTES
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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:
8
Section 1:
9 That Title 11, Chapter 11.16, Sections 11.16.145(C)-(E) are amended to read as follows:
"11.16.145 - Improvement plans.
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
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
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."
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1 Section 2:
2 That Title 15, Chapter 15.16, Section 15.16.065 (D) - (F) of the Carlsbad Municipal Code
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
7 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.
1Q 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
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
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.
F. The city engineer may authorize refunding of not more than eighty percent of
15 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
lg plan review."
19 Section 3:
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.
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
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
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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
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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:
4 That Title 15, Chapter 15.16, Section 15.16.120(A)(3) of the Carlsbad Municipal Code is
amended to read as follows:
"15.16.120 - Grading permit limitations, requirements and procedures.
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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
, ~ 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:
14 "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.
24 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,
2/- inspecting improvements and monuments shall be paid by the subdivider in
accordance with Section 11.16.145(C)."
27 Section 7:
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That Title 20, Chapter 20.12, Section 20.12.100(d) of the Carlsbad Municipal Code is
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
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
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 ///
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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
6 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 "
(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
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,
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.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 5th day of April, 2011, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 26th day of April, 2011 by the following vote to wit:
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATT HALL,' Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEMi*"*BA"".