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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 COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Dn CONTINUED TO DATE SPECIFIC CONTINUED TO DATE UNKNOWN RETURNED TO STAFF OTHER - SEE MINUTES D D D D 1 ORDINANCE NO.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." 27 28 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 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: 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. 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 , ~ 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: 28 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 /// 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 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: 7 8 9 10 12 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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"".