HomeMy WebLinkAbout2012-05-08; City Council; 20892; Amending Carlsbad Municipal Code C hapter 19.04 to Add Section 19.04.215 to Require Recordation of Special NoticesCITY OF CARLSBAD - AGENDA BILL
AB# 20.892 AMENDING CARLSBAD MUNICIPAL
CODE CHAPTER 19.04 TO ADD
SECTIONI9.04.215 TO REQUIRE
RECORDATION OF SPECIFIED
NOTICES
DEPT.DIRECTOR /j
MTG. 5/8/12
AMENDING CARLSBAD MUNICIPAL
CODE CHAPTER 19.04 TO ADD
SECTIONI9.04.215 TO REQUIRE
RECORDATION OF SPECIFIED
NOTICES
CITY ATTORNEY (m
DEPT. CA
AMENDING CARLSBAD MUNICIPAL
CODE CHAPTER 19.04 TO ADD
SECTIONI9.04.215 TO REQUIRE
RECORDATION OF SPECIFIED
NOTICES
CITY MANAGER /
RECOMMENDED ACTION:
Introduce Ordinance No. cs-i82 amending Carlsbad Municipal Code Chapter 19.04 to
add section 19.04.215 to require recordation of specified notices.
ITEM EXPLANATION:
In the past few years, the county recorder has been returning certain documents to the City that
have been submitted for recordation on the basis that Government Code section 27201 does
not authorize the recordation of those documents. The rejected notices are required by the City
to be recorded on title to property by conditions of approval for land use entitlements so that the
public will be made aware of adverse environmental conditions which may impact the property.
These notice documents are titled Notice Concerning Odor Environmental Impacts, Notice
Concerning Railroad Environmental Impacts, Notice Concerning Proximity of the Commuter
Rail Transit Station, Notice Concerning Aircraft Environmental Impacts, Notice of Multi-1 mpacts,
or in the alternative, Notice and Waiver Concerning Odor Environmental Impacts, Notice and
Waiver Concerning Railroad Environmental Impacts, Notice and Waiver Concerning Proximity
of a Planned or Existing Commuter Rail Transit Station, Notice and Waiver Concerning
Proximity of the Planned or Existing Transportation Corridor(s), Notice and Waiver Concerning
Aircraft Environmental Impacts, and Notice and Waiver Concerning Multi-Impacts.
Government Code section 27201(a) provides that the recorder shall accept for recordation any
instrument, paper, or notice that is authorized or required by statute or court order to be
recorded if the document meets recording requirements of state statutes and local ordinances,
and is photographically reproducible. The county recorder shall not refuse to record any
instrument, paper, or notice that is authorized or required by statute or court order to be
recorded on the basis of its lack of legal sufficiency. The statutory prerequisites for recordation
are found in Government Code section 27280(a) which states that any instrument or judgment
affecting the title to or possession of a real property may be recorded. Since the above-
referenced notices required by the City do not affect title to or possession of real property
according to the State Attorney General, their recordation must be authorized by local
ordinance. This proposed ordinance would provide such authorization.
DEPARTMENT CONTACT: Jane Mobaldi 760-434-2891 iane.mobaldKScarlsbadca.qov
FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
FISCAL IMPACT:
There is no fiscal impact associated with the proposed ordinance since the City is exempted
from the payment of recordation fees.
ENVIRONMENTAL IMPACT:
This ordinance amendment is not a "project" within the definition of the California Environmental
Quality Act in that it will not result in a direct or indirect physical change in the environment
pursuant to the California Code of Regulations, Title 14, Chapter 3, section 15378.
EXHIBITS:
1. Ordinance No. cs-i82
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r
ORDINANCE NO. CS-182
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE CHAPTER 19.04 TO ADD SECTION
19.04.215 TO REQUIRE RECORDATION OF
SPECIFIED NOTICES
The City Council of the City of Carlsbad ordains as follows:
SECTION I: That section 19.04.215 is added to Carlsbad Municipal
Code Chapter 19.04 as follows:
19.04.215 - Recordation of Notices
In order to place the public on notice of adverse environmental
conditions which may impact property, recordation of the following
notices on title to real property, as amended from time to time by the
city attorney, may be required by the city as a condition of approval for
land use entitlements; Notice Concerning Odor Environmental Impacts,
Notice Concerning Railroad Environmental Impacts, Notice Concerning
Proximity of the Commuter Rail Transit Station, Notice Concerning
Aircraft Environmental Impacts, Notice of Multi-Impacts, Notice and
Waiver Concerning Odor Environmental Impacts, Notice and Waiver
Concerning Railroad Environmental Impacts, Notice and Waiver
Concerning Proximity of a Planned or Existing Commuter Rail Transit
Station, Notice and Waiver Concerning Proximity of the Planned or
Existing Transportation Corridor(s), Notice and Waiver Concerning
Aircraft Environmental Impacts, and Notice and Waiver Concerning
Multi-Impacts. The county recorder shall accept for recordation on title
to a real property any of the specified notices, as amended from time
to time by the city attorney, provided the notices contain sufficient
information and meet all recording requirements.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after
its adoption; and the city clerk shall certify the adoption ofthis ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 8th dav of May , 2012, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2012, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attomey
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk