HomeMy WebLinkAbout2011-09-13; City Council; 20683; AMENDMENT MUNICIPAL CODE TITLE 20CITY OF CARLSBAD - AGENDA BILL 11
AB# 20,683
MTG. 9/13/11
DEPT. CLERK
AMENDMENT TO CARLSBAD MUNICIPAL
CODE TITLE 20 - SUBDIVISIONS - TO
IMPLEMENT VESTING TENTATIVE MAP
RECOMMENDATIONS
MCA 10-02
DEPT. DIR.
CITY ATTY.
CITY MGR.
C^P\.J'
RECOMMENDED ACTION:
Adopt Ordinance No. CS-155 amending Title 20 - Subdivisions, Chapters 20.04, 20.17,
20.08, and 20.20 the Carlsbad Municipal Code to implement vesting tentative map
recommendations of the Development Review Process Working Group - MCA 10-02.
ITEM EXPLANATION:
Ordinance No. CS-155, was introduced and first read at the City Council meeting held on
August 23, 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 #20,662 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 in that it has no potential
to cause either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment, and therefore does not require an
environmental review.
EXHIBITS:
1. Ordinance No. CS-155.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION:APPROVED
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WITHDRAWN D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
EXHIBIT 1
1 ORDINANCE NO. CS-155
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING THE CARLSBAD
3 MUNICIPAL CODE, TITLE 20 - SUBDIVISIONS, TO IMPLEMENT
VESTING TENTATIVE MAP RECOMMENDATIONS OF THE
4 DEVELOPMENT REVIEW PROCESS WORKING GROUP
SUMMARY RECOMMENDATIONS REPORT - MCA 10-02
5
6 The City Council of the City of Carlsbad, California, hereby ordains as follows:
7
8 Section 1:
9 That Title 20, Chapter 20.04, Section 20.04.020, subsection (24) of the Carlsbad
Municipal Code is amended to read as follows:
"20.04.020 - Definitions.11
(24) "Vesting tentative map" means a tentative map for a subdivision which conforms to
12 the requirements of Chapter 20.17 and confers upon the subdivider certain rights
established by this title. "Vesting tentative parcel map" means a vesting tentative
13 map prepared in conjunction with a parcel map."
14
Section 2:
15
That Title 20, Chapter 20.17, Section 20.17.020 of the Carlsbad Municipal Code is
16
amended to read as follows:17
"20.17.020-Filing.
1 o
. Q (a) Whenever this title requires the filing of a tentative map or a tentative parcel map
the subdivider may file a vesting tentative map or vesting tentative parcel map
20 subject to the provisions of this chapter.
(b) At the time a vesting tentative map or vesting tentative parcel map is filed, it shall
21 have printed conspicuously on its face, "Vesting Tentative Map" or "Vesting
Tentative Parcel Map," whichever is applicable."
22
Section 3:
23
That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended to add Section
24
20.17.025 as follows:
25 "20.17.025 - Processing.
26 (a) The processing of vesting tentative maps shall be consistent with the processing of
27 tentative maps per Chapter 20.12.
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1 (b) The processing of vesting parcel maps shall be consistent with the processing of
tentative parcel maps per Chapter 20.24."
2
Section 4:
3
That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended to add Section
4 20.17.028 as follows:
5 "20.17.028-Expiration.
(a) A vesting tentative map or vesting tentative parcel map shall expire consistent with
7 the provisions contained in this title for tentative maps and tentative parcel maps,
whichever is applicable. The vesting tentative map or vesting tentative parcel map
8 shall be subject to the same regulations regarding time extensions as provided in this
title for extensions of tentative maps or tentative parcel maps, whichever is applicable.
9 All related city permits or approvals for projects including a vesting tentative map or
vesting tentative parcel map shall expire on the same day as the vesting tentative
10 map or vesting tentative parcel map expires.
(b) The expiration of an approved or conditionally approved vesting tentative map or
11 vesting tentative parcel shall terminate all proceedings consistent with the provisions
contained in this title for tentative maps and tentative parcel maps, whichever is
12 appropriate."
13 Section 5:
14 That Title 20, Chapter 20.17, Section 20.17.030 of the Carlsbad Municipal Code is
15 amended to read as follows:
"20.17.030 - Rights conferred.
16
(a) Approval or conditional approval of a vesting tentative map or vesting tentative
17 parcel map shall confer a vested right to proceed with development in substantial
compliance with the ordinances, policies and standards in effect at the date the
18 application is deemed complete, as described in Section 66474.2 of the
Government Code. However, if Section 66474.2 is repealed the approval shall
19 confer a vested right to proceed with development in substantial compliance with
the ordinances, policies and standards in effect at the time the vesting tentative
20 map or vesting tentative parcel map was approved or conditionally approved. Any
disputes regarding whether a development substantially complies with the
21 approved or conditionally approved map, or with the ordinances, policies or
standards described in this subsection, shall be resolved by the decision-making
22 body which approved the vesting tentative map or vesting tentative parcel map, in
accordance with Sections 20.12.093 and 20.24.140.
23 (b) Notwithstanding subsection (a) of this section, a permit, approval, extension or
24 entitlement for development may be conditionally approved or denied if the
decision-making body determines:
25 (1) A failure to condition or deny the permit, approval, extension or entitlement
would place the residents of the subdivision or of the immediate community
26 or both in a condition dangerous to their health or safety or both; or
27 (2) The condition or denial is required in order to comply with state or federal law.
28
1 (c) The rights conferred by a vesting tentative map or vesting tentative parcel map
shall expire if:
2 (1) A final map or parcel map is not approved prior to the expiration of the
- vesting tentative map or the vesting tentative parcel map;
(2) The applicant has requested a change in the type, density, bulk or design of
4 the development unless an amendment to the vesting tentative map or
vesting tentative parcel map has been approved.
(d) If the final map or parcel map is approved prior to the expiration of the vesting
fi tentative map or vesting tentative parcel map, the vested rights conferred by
subsection (a) of this section shall last as follows:
7 (1) The vested rights shall last for an initial time period of two years from the
recording of the final map or parcel map. Where several final maps or parcel
8 maps are recorded on various phases of a project covered by a single vesting
tentative map or vesting tentative parcel map the two-year initial period shall
9 begin for each phase when the final map or parcel map for that phase is
recorded.
(2) The two-year initial time period shall be automatically extended by any time
11 used for processing a complete application for a grading permit or for design
or architectural review, if such processing exceeds thirty days from the date a
12 complete application is accepted.
(3) A subdivider may apply to the decision-making body for a one-year extension
13 of the vested rights at any time before the initial two-year time period expires.
An extension may be granted only if the decision-making body finds that the
14 map still complies with the requirements of this title. The decision-making
body may approve, conditionally approve or deny an extension in its sole
15 discretion, subject to appeal in accordance with Chapter 20.12 or 20.24.
16 (4) If the subdivider submits a complete application for a building permit during
the periods of time set forth in subsections (d)(1) through (3) the vested rights
17 shall continue until the expiration of that building permit or any extension of
that building permit.
18 (e) Upon the expiration of the time limits specified in subsections (a) and (d), all vested
rights conferred by this section shall cease, and the project shall be considered the
19 same as any subdivision which was not processed pursuant to this chapter.
20 (f) Notwithstanding subsection (a), the amount of any fees which are required to be
paid either as a condition of the map approval or by operation of any law shall be
determined by application of the law or policy in effect at the time the fee is paid.
The amounts of the fees are not vested upon approval of the vesting tentative map
22 or vesting tentative parcel map."
Section 6:
24 That Title 20, Chapter 20.17 of the Carlsbad Municipal Code is amended to add Section
25 20.17.035 as follows:
26 "20.17.035 - Amendments.
27 If the ordinances, policies, or standards described in Section 20.17.030(a) change
subsequent to the approval or conditional approval of a vesting tentative map or vesting
28
1 tentative parcel map, the subdivider, or his or her assignee, may apply for an
amendment to the vesting tentative map or vesting tentative parcel map to secure a
2 vested right to proceed with the changed ordinances, policies, or standards. The
application shall be made prior to the expiration of the vesting tentative map or vesting
3 tentative parcel map pursuant to Section 20.17.028(a) and shall clearly specify the
changed ordinances, policies, or standards for which the amendment is sought."
4
Section 7:
5
That Title 20, Chapter 20.08, Section 20.08.010 of the Carlsbad Municipal Code is
6 amended to read as follows:
7 "20.08.010 - Tentative map fee.
o
A tentative map examination fee in an amount established by city council resolution shall
be paid to the planning department at the time a tentative map is filed with the planning
commission.."
10 o .- oSection 8:
That Title 20, Chapter 20.08, Section 20.08.060 of the Carlsbad Municipal Code is
amended to read as follows:
"20.08.060 - Tentative parcel map fee.
14 At the time of submission of a tentative parcel map, there shall be paid to the
engineering department a tentative parcel map examination fee in an amount
, - determined by the city council by resolution."
Section 9:
That Title 20, Chapter 20.20, Section 20.20.020(c) of the Carlsbad Municipal Code is
amended to read as follows:
1 Q1 ° "20.20.020 - City council to approve maps.
19
(c) Multiple or "phased" final maps may be filed for portions of the tentative map,
20 provided that the tentative map approval by the city council, or planning
commission when authorized, divides a subdivision into units and the final map or
21 "phased" final map substantially conforms to one or more of such units and
complies with all conditions applicable to such units. The number of final maps or
22 "phased" final maps which may be filed shall be determined by the city council or
planning commission at the time of the approval or conditional approval of the
23 tentative map. When dividing a subdivision into units, the city council or planning
commission shall ensure that the design and improvement of each unit are
24 consistent with the provisions of this title. If the subdivider is subject to a
requirement to construct or improve or finance the construction and improvement
25 of public improvements outside the boundary of the subdivision the cost of that
requirement shall be established at the time the tentative map is approved. If the
cost of the off-site public improvements requirement is one hundred thousand
dollars or more it shall be a condition of the tentative map that additional conditions
27 may be placed on the extension of the tentative map which occurs by operation of
28
1 Section 20.12.110(b) of this code; and further, it shall be a condition that upon the
filing of any multiple final map or phased final map the council may modify or
2 eliminate the phasing scheme."
3
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its adoption; and
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the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once
5
in a newspaper of general circulation in the City of Carlsbad within fifteen (15) days after its
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adoption.
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INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 23rd day of August 2011, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 13th day of September 2011 by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
MATTHAL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)