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Home My WebLink About2012-10-02; City Council; 21023; Title 2 Decision Making MCA 12-02CITY OF CARLSBAD - AGENDA BILL 8 21022. AB# MTG. DEPT. CED 10/2/12 TITLE 20 DECISION MAKING (MCA 12-02) DEPT. DIRECTOR CITY ATTORNEY CITY MANAGER RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinance CS-192 APPROVING an amendment to the City of Carisbad Municipal Code, Title 20, Subdivisions (MCA 12-02). ITEM EXPLANATION: This project is city-initiated and consists of various amendments to the text of the Subdivision Ordinance (Title 20 of the city's Municipal Code). The primary purpose of the project is to further improve the city's development review process by implementing a number of initiatives identified by the city's Development Review Process (DRP) Working Group. See Project Background and Analysis of Proposed Text Amendments (Exhibit 2) for information regarding the purpose of the DRP Working Group. In November 2009, the DRP Working Group's Summary Recommendations Report was presented to the City Council at a City Council Workshop. At that workshop the City Council directed staff to implement the nine initiatives identified by the DRP Working Group. This project includes amendments to the Subdivision Ordinance to implement the following recommendations identified in two DRP initiatives. Initiative 1: Increase consistency of the permit processes and enhance entitlement protection by processing all permit approvals and extensions in the same manner. Initiative 4: Streamline the discretionary permit approval process by reassigning approval authority to the lowest appropriate decision-making authority. In addition to the DRP Working Group initiatives, the project includes Subdivision Ordinance amendments to update for consistency with state regulations. A complete discussion and analysis of the proposed amendments is provided in the Project Background and Analysis of Proposed Text Amendments (Exhibit 2). The proposed amendments to the Subdivision Ordinance are provided in strikeout/underiine format (Exhibit 3). FISCAL IMPACT: The recommended action to adopt the proposed amendments to the Subdivision Ordinance imposes no additional financial burden beyond normal city costs to file environmental notices with the County Clerk. ENVIRONMENTAL IMPACT: The proposed amendments are exempt from environmental review pursuant to CEQA Section 15061(b)(3), which exempts projects "where 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 changes proposed by this project are primarily procedural in nature and are not substantial and will not significantly affect the DEPARTMENT CONTACT: Kevin Pointer 760-602-4620 kevin.pointer(S)carisbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED • CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • Introduced Ordinance CS-192 X Page 2 existing development standards in the Subdivision Ordinance; therefore, the project will not result in a significant effect on the environment. A Notice of Exemption will be filed. EXHIBITS: 1. City Council Ordinance No. CS-192 2. Project Background and Analysis of Proposed Text Amendments 3. Proposed Text Changes to the Subdivision Ordinance (Title 20) Shown in Strikethrough/Underiine Format EXHIBIT 1 ORDINANCE NO. CS-192 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 2 CARLSBAD, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT CONSISTING OF VARIOUS AMENDMENTS TO 3 THE SUBDIVISION ORDINANCE TO IMPROVE THE CITY'S DEVELOPMENT REVIEW PROCESS. 4 CASE NAME: TITLE 20 DECISION MAKING CASE NO.: MCA 12-02 ^ 5 6 7 g Municipal Code is amended to read as follows 18 19 20 The City Council ofthe City of Carlsbad, California, does ordain as follows: SECTION 1: That the list of sections in Chapter 21.06 of the Carisbad 9 20.04.010 Title. 20.04.020 Deflnitions. 10 20.04.030 Prohibition. 20.04.040 Appiication of Subdivision Map Act. 11 20.04.050 Extent of regulations. 20.04.055 Merger. 12 20.04.056 Unmerger. 20.04.057 Request for determination of merger. 13 20.04.060 Reserved. 20.04.070 Environmental impact review. 14 20.04.080 Soil reports. 20.04.090 Reservations. 1^ 20 04 100 Corrections and amendments. 20'04.110 Security for the payment of taxes and special assessments; release. 20.04.120 Designated remainder parcel. 20.04.130 Consideration of housing needs. 20.04.140 Covenants for easement. SECTION 2: That Section 21.04.020 of the Carlsbad Municipal Code is amended to read as follows: 21 A Words used in this titie that are deflned in the Subdivision Map Act but not speciflcaily deflned in this chapter shall have the same meaning as is given to them in he 22 Subdivision Map Act. Whenever the following words are used in this title, they shall have the meaning ascribed to them in this section: . x * on 23 ^ 1 "Adjustment plat" means a plat prepared pursuant to Chapter 20.36 of this title and certifled by the city engineer as having been approved pursuant to this title and flied in the office of the city engineer. ^„«II^H KV, 2 "Bicycle" means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem 26 or tricycle arrangement^_^^^^^ ^^^^^^^ ^^^^^ ^^^^^.^ ^^^^ ^^^^ ^^^,^^^^1^ 27 provide for bicycle travel by a course which is to be traveled 28 4. "Cable television lines" means electronic cable, conduit and any other appurtenances thereto which distribute television or other electronic signals. 5. "Conditional certificate of compliance" means a document describing a 2 unit or contiguous units of real property and stating that the fulfillment and implementation of the conditions set forth therein are required prior to subsequent issuance of a building or grading permit applicable thereto. 6. "Certificate of compliance" means a document describing a unit or contiguous units of real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto. 7. "City standards" means those standards and specifications, including 6 standard drawings, as may be adopted from time to time by the city engineer. These standards are to be on file in the office of the city clerk and in the engineering department. 7 8. "Development permit" means any permit, entitiement or approval required pursuant to Titles 20 or 21 of this code, or pursuant to any applicable master, specific, or redevelopment plan. 9. "Final map" means a map prepared pursuant to Chapter 20.20 of this titie 9 and the Subdivision Map Act which, after approval and recordation, is effective to complete the subdivision of a major subdivision. 10 10. "Improvement" means: a. Such street work and utilities, including ornamental street lights 11 and walkways to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, bicycle routes and easements, as are necessary for 1^ the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood control, fire protection and sanitation needs as a condition precedent to the approval of a parcel map or final map; b. Any other specific improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city council or by a combination thereof, is necessary to ensure conformity to or implementation of the general plan, any specific plan, any applicable local 16 coastal plan or any applicable master plan adopted according to this titie. 11. "Interior lot" shall have the same definition as specified by Section 17 21.04.230 of this code. 12. "Major subdivision" means a subdivision of five or more lots. 18 13. "Minor subdivision" means a subdivision of four or fewer lots. 14. "Notice of violation" means a recorded document describing a unit or 19 contiguous units of real property, naming the owners thereof, and describing the manner in which the real property has been divided, or has resulted from a division in violation of the 20 Subdivision Map Act and city ordinances enacted pursuant thereto. 15. "Parcel map" means a map prepared pursuant to Chapter 20.32 of this 21 title and the Subdivision Map Act which, after approval and recordation, is effective to effect the subdivision of a minor subdivision. 22 16 "Street" means a state highway, county or city road or street, public road, street, alley or thoroughfare. 17. "Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself/herself or for others, except that employees and consultants of such persons or entities, 25 acting in such capacity, are not "subdividers." 18. "Subdivision" means the division, by any subdivider, of any unit or units of 26 improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, 27 whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility 28 easement or railroad rights-of-way. "Subdivision" includes a condominium project as defined in Section 1351 of the Civil Code, a community apartment project, as defined in subdivision (d) of -2- ^ 13 14 15 Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a 1 stock cooperative, as defined in subdivision (m) of Section 1351 of the Civil Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be 2 considered a division of land for purposes of computing the number of parcels. 19. "Tentative map" means a map prepared for the purpose of showing the ^ design and improvement of a proposed major subdivision, and the existing conditions in and around it, filed with the city planner precedent to the preparation and filing of a final map, and may, but need not be, based upon an accurate and detailed final survey of the property. 20. "Tentative parcel map" means a map prepared for the purpose of showing the design and improvement of a proposed minor subdivision, and the existing 6 conditions in and around it, filed with the city planner for approval or conditional approval prior to the preparation and filing of a parcel map or prior to waiver of the requirement for a parcel map, 7 and may, but need not be, based upon an accurate and detailed final survey of the property. 21. "Through lot" means a lot having frontage on two parallel or approximately parallel streets. 22. "Vesting tentative map" means a tentative map for a subdivision which 9 conforms to 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 map prepared 10 in conjunction with a parcel map." 11 SECTION 3: That Section 20.04.040 of the Carisbad Municipal Code is 12 13 14 amended to read as follows: 20.04.040 Application of Subdivision Map Act. A. Except as othen/vise expressly provided in this title, all of the provisions of the Subdivision Map Act, which apply to subdivisions as defined in that act and all of the provisions 15 of this title, apply to subdivisions as defined in this titie. B. This titie shall be inapplicable to: 16 1. The financing or leasing of: a. Apartments, offices, stores or similar space within a duplex, multiple 17 dwelling, apartment building, industrial building, commercial building, mobile home park or trailer park. . . .. X. 18 b. Any parcel of land or portion thej^eof in conjunction with the construction of commercial or industrial buiTdings on a single pl^^^^^ project is not 19 subject to review under other provisions of this code regulating design and improvement. c. Existing separate commercial or industrial buildings on a single parcel; 20 2. The construction, financing or leasing of dwelling units and second dwelling units pursuant to California Government Code Sections 65852.1 and 65852.2, respectively. This titie shall be applicable to the sale or transfer of those units. 3. Mineral, oil or gas leases; 22 4 Land dedicated for cemetery purposes under the Health and Safety Code 90 of the state; . . 5. A lot line adjustment between four or fewer existing adjoining parcels, 24 where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created, provided an adjustment plat 25 pursuant to Chapter 20.36 of this title for the lot line adjustment is approved by the city planner; 6. Boundary line or exchange agreements to which the State Lands 26 Commission or a local agency holding a trust grant of tide and submerged lands is a party; 7. Any separate assessment under Revenue and Taxation Code Section 27 2188 7' 8. The conversion of a community apartment project or a stock cooperative, 28 as defined in Section 1351 of the California Civil Code, to a condominium, as defined in Section 7 783 of the California Civil Code, provided that the requirements of California Government Code Section 66412(g) or (h), respectively, have been met and the subdivider provides certification that the requirements have been met; 2 9. The leasing of, or the granting of an easement to, a parcel of land or any part thereof, in conjunction with the financing, erection, and sale or lease of any wind powered electrical generating device on the land, if the project is subject to discretionary action pursuant . to this code; 10. The leasing or licensing of a portion of a parcel, or the granting of an 5 easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation 6 of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action pursuant to this code. 8 11. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a 9 solar electrical generation device on the land, if the project is subject to review pursuant to other provisions of this code that regulate design and improvement or, if the project is subject to 1^ discretionary action pursuant to this code. 12. The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its 12 operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land, if the 13 project is subject to review pursuant to other provisions of this code regulating design and improvement or if the project is subject to discretionary action pursuant to this code. 14 13. Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber, or the grazing or 15 pasturing of livestock; 14. Leases of agriculturally zoned land to nonprofit organizations for the 1^ purpose of operating an agricultural labor housing project on the property if all of the following conditions apply: a. The property to be leased shall not be more than five acres. 18 b. The lease shall be for not less than 30 years. c. The lease shall be executed prior to January 1, 2017. 19 20 21 22 28 SECTION 4: That Sections 20.04.060 through 20.04.080 of the Carlsbad Municipal Code are amended to read as follows: 20.04.060 Reserved. 23 20.04.070 Environmental impact review. A. All tentative maps and tentative parcel maps shall be subject to environmental 24 review in accordance with Titie 19 of this code and the rules and procedures adopted by the city council pursuant to the California Environmental Quality Act of 1970. Consequently, unless 25 exempt from CEQA decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be subject to the following: 26 1. Tentative Maps. a. Negative Declaration. Upon receipt of a negative declaration with 27 respect to any tentative map, the decision-making authority may proceed to consider the tentative map without an environmental impact report. b. Environmental Impact Report. With respect to any tentative map 1 for which an environmental impact report is required, the decision-making authority shall consider such report as independent evidence in determining whether to approve, conditionally 2 approve, or disapprove the tentative map. 2. Tentative Parcel Maps. 3 a. Negative Declaration. Upon receipt of a negative declaration with respect to any tentative parcel map, the decision-making authority may proceed to consider the tentative parcel map without an environmental impact report. b. Environmental Impact Report. With respect to any tentative parcel map for which an environmental impact report is required, the decision-making authority shall 6 consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative parcel map. 7 B. An application for approval of a subdivision shall not be complete, pursuant to Section 65943 of the California Government Code, until after the environmental review for such subdivision has been accomplished. 9 20.04.080 Soils reports. A. A preliminary soils report, prepared by a civil engineer registered in this state and 10 based upon adequate test borings, shall be submitted to the appropriate official or body for every subdivision. 11 B. A preliminary soils report may be waived by the city engineer providing the city engineer finds that, due to the knowledge the city has as to the soils qualities of the soils in the 1^ subdivision, no preliminary analysis is necessary. C. The preliminary soils report may be submitted to the city planner and fonA/arded to the city engineer for review. The city engineer may require additional information or reject the ,. report if it is found to be incomplete, inaccurate, or unsatisfactory. D. If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the 16 city engineer. E. If the preliminary soils report indicates the presence of rocks or liquids containing 17 deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each 18 potentially affected lot in the subdivision may be required. F. Any soils investigation required pursuant to this section shall be done by a civil 19 engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where the 20 soils problem exists. G. The decision-making authority may approve the subdivision or portion thereof 21 where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure. 2-=^ SECTIONS: That Sections 20.04.120 through 20.04.140 of the Carlsbad 24 25 Municipal Code are amended to read as follows: 20.04.120 Designated remainder parcel. 26 A. When a subdivision, as defined in Section 20.04.020, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion 27 which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the 28 purpose of sale, lease, or financing. -5- 3 5 If the subdivider elects to designate a remainder or omit entirely that portion, the following requirements shall apply: 1. The designated remainder or omitted portion shall not be counted as a ^ parcel for the purpose of determining whether a parcel or final map is required, 2. The fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a . permit or other grant of approval for development of the remainder or omitted parcel is issued. Fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel 6 may be required upon a finding by the decision-making authority that fulfillment of the construction requirements is necessary for reasons of: 7 a. The public health and safety; or b. The required construction is a necessary prerequisite to the orderly development of the surrounding area. B. A designated remainder or any omitted parcel is required to obtain a certificate of 9 compliance or conditional certificate of compliance pursuant to the provisions of Chapter 20.48 of this code prior to any further development or sale of the parcel, 10 1. Prior to the issuance of a certificate of compliance or conditional certificate of compliance, the city engineer shall make a determination under Section 11 20.16.040(h) of this code whether improvements should be required for the designated remainder or omitted parcel. The improvement requirements may be imposed as a condition of 1^ the certificate of compliance. For the purposes of this title, a parcel designated as "not a part' j2 shall be deemed to be a designated remainder parcel. 14 20.04.130 Consideration of housing needs. A. In making decisions pursuant to this title, the decision-making authority shall 15 consider the effect of that decision on the housing needs of the region and balance those needs against the public service needs of its residents and available fiscal and environmental 16 resources. 17 20.04.140 Covenants for easement, A. - Whenever under-the provisions of Titles 18, 20 or 21 of this-code an easement is 18 necessary or required for parking, ingress, egress, emergency access, light and air access, landscaping, drainage, private utilities, sewer/storm drain access or^^ the 19 easement may be created by a covenant pursuant to this section, B. At the time of recording of the covenant of easement all the property benefited or 20 burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of 21 Titie 2 of Part 2 of Division 2 of the Civil Code except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property. The covenant of easement shall describe the real property subject to the easement and the real property benefited by the easement. The covenant of easement shall also identify the approval permit or designation granted which relied upon or required the covenant. C. A covenant of easement shall be enforceable by the owner of the real property 25 benefited by the covenant, and by the successors in interest to the real property benefited by the covenant. The covenant of easement shall be recorded in the office of the county recorder. 26 Upon recordation, the burdens of the covenant shall be binding upon and the benefits of the covenant shall inure to all successors in interest to the real property. 27 D. The covenant of easement may be released upon the application of any person upon approval or conditional approval by the city engineer. An application for release of a 28 covenant shall be accompanied by a fee in an amount designated by city council resolution. A c 23 24 request for release of a covenant of easement may be consolidated with any other application 1 for discretionary approval under this code. E. This section is adopted pursuant to Article 2.7 commencing with Section 65870 2 of Chapter 4 of Division 1 of Titie 7 of the Government Code. ^ SECTION 6: That Sections 20.08.010 through 20.08.040 of the Carlsbad 4 Municipal Code are amended to read as follows: ^ 20.08.010 Tentative map fee. 6 A. A tentative map examination fee in an amount established by city council resolution shall be paid at the time a tentative map is filed with the city planner. 7 20.08.015 Tentative map appeal fee. 8 A. A tentative map appeal fee in an amount established by city council resolution shall be paid at the time an appeal is filed with the city planner. 9 20.08.020 Revised tentative map fee. 10 A. A revised tentative map examination fee in an amount established by city council resolution shall be paid at the time that a revised tentative map is filed with the city planner. An 11 additional fee in an amount established by city council resolution shall be paid for the revision of j2 a vesting tentative map. 20.08.030 Tentative map extension fee. 13 A. At the time of filing a request for the extension of a tentative map with the city planner, there shall be paid a tentative map extension processing fee equal to one-half of the fee prescribed in Section 20.08.010 for such tentative map. 20.08.035 Tentative map litigation stay fee. j6 A. At the time of filing a request for a stay with the city planner, there shall be paid a litigation stay processing fee equal to one-quarter of the fee prescribed in Section 20.08.010 for 17 such tentative map. 18 20.08.040 Final map fee. A. At the time of filing a final map with the city engineer, there shall be paid an 19 examination fee in an amount established by city council resolution. 20 SECTION 7: That Sections 20.08.060 through 20.08.090 of the Carisbad 21 Municipal Code are amended to read as follows: 20.08.060 Tentative parcel map fee. A. At the time of submission of a tentative parcel map, there shall be paid a 24 26 tentative parcel map examination fee in an amount determined by the city council by resolution. 20.08.070 Parcel map fee. 25 A. At the time of filing of a parcel map the subdivider shall pay a processing fee in an amount determined by the city council by resolution. 20.08.080 Tentative parcel map extension fee. 27 A. At the time of filing a request for the extension of a tentative parcel map with the city planner, there shall be paid a tentative parcel map extension processing fee in an amount 28 determined by the city council by resolution. 20.08.090 Fees for adjustment plats. 1 A. At the time of filing an adjustment plat, there shall be paid an adjustment plat examination fee in an amount determined by the city council by resolution. SECTIONS: That Section 20.08.110 of the Carlsbad Municipal Code is amended to read as follows: 2 3 4 5 20.08.110 Fees for certificates of compliance. A. At the time of filing any requests pursuant to this titie intended to result in the 6 issuance of a certificate of compliance, there shall be paid a fee in an amount determined by the city council by resolution, to cover the cost of making the required determinations pursuant to 7 such request and the recording of any certificate of compliance resulting therefrom. SECTION 9: That Section 20.08.140(k) of the Carlsbad Municipal Code is 9 amended to read as follows: 10 (k) Notwithstanding the provision of subsection (j) of this section, payment of such fees shall not be required for: 11 (1) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or 12 parcel of land; provided, the total value, as determined by the community and economic development director, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the community and economic development director, of all existing building on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification 15 of occupancy as defined by Section 501 of the Uniform Building Code; (2) The following accessory buildings and structures: private garages, 16 children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family 17 dwellings, 18 SECTION 10: That the list of sections in Chapter 20.12 of the Carlsbad 19 Municipal Code is amended to read as follows: 20 20.12.010 Tentative map required. 20.12.015 Application and time limits for processing. 21 20.12.020 Grading plan. 20.12.030 Preliminary titie report. 22 20.12.040 Size of map. 20.12.050 Information on map. 23 20.12.060 Supplemental information. 20.12.062 Conversion of mobile home parks. 20.12.065 Proof of notice—Major subdivisions. 25 20.12.070 City planner's duties. 20.12.080 Notices and hearings. 26 20.12.090 Decision-making authority 20.12.091 Required flndings. 27 20.12.092 Announcement of decision and findings of fact. 20.12.093 Effective date and appeals. 28 20.12.100 Expiration of tentative maps. 20.12.110 Extension of tentative map. -8- 13 20.12.120 Tentative map amendment. 1 20.12.130 Vesting tentative maps. 2 SECTION 11: That Sections 20.12.010 through 20.12.015 of the Carlsbad 3 Municipal Code are amended to read as follows: 4 _ 20.12.010 Tentative map required. 5 A. Any person proposing to create a major subdivision shall file a tentative map pursuant to this chapter with the city planner. The city engineer shall not approve a final map 6 unless a tentative map of the subdivision is approved pursuant to this chapter. Prior to filing a tentative map, the subdivider or his authorized agent shall confer with the city planner and the 7 city engineer regarding the preparation of the map. A proposed tentative map may not be filed unless it conforms to the requirements of this chapter. 8 B. Where a parcel map is authorized for a major subdivision pursuant to the Subdivision Map Act or this titie, the city engineer shall not approve such map unless a tentative 9 map of the subdivision is approved pursuant to this chapter. C. Tentative maps shall be prepared and processed in accordance with the 10 Subdivision Map Act and the provisions of this title. The subdivider shall file as many copies of ^ ^ the tentative map or other required information as the city planner may require. 20.12.015 Application and time limits for processing. 12 A. An application for a tentative map may be made by the owner of the property affected or the authorized agent of the owner. The application shall: 1. Be made in writing on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the application; and j5 3. Be accompanied by adequate plans, a legal description of the property involved, data specified by this titie and all other materials as specified by the city planner. 16 B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. 17 C. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as 18 evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of 19 the powers vested in the city as represented by the planning commission and the city council. D. The city planner shall not accept a tentative map for processing or filing unless 20 the city planner finds that: 1. The requirements of Title 19 of this code have been met; 21 2. The tentative map is consistent with the provisions of Titie 21 of this code and that all approvals and permits required by Titie 21 for the project have been given or issued. 22 E. All tentative maps shall be approved, conditionally approved or denied within the time limits specified by this title and the Subdivision Map Act. 1. If the decision-making authority does not take action to approve, 24 conditionally approve or deny the tentative map within the time limits specified by this titie or the Subdivision Map Act, the tentative map as filed shall be deemed to be approved, insofar as it 25 complies with other applicable requirements of this code and the Subdivision Map Act. F. Notwithstanding the provisions of subsections D and E of this section, a tentative 26 map may be processed concurrently with other development permits or approvals required for the project, pursuant to Tities 19 or 21 of this code, if the subdivider for the tentative map first 27 waives the time limits for processing^ approving^^^^^^^^ conditionally approving or disapproving the tentative map established by this title or the Subdivision Map Act. Pursuant to the provisions of 28 Chapter 19.04 of this code, a tentative map may be processed but shall not be deemed complete until the environmental documents are completed. 23 4 SECTION 12: That Sections 20.12.062 through 20.12.120 of the Carlsbad 1 ^ Municipal Code are amended to read as follows: 20.12.062 Conversion of mobile home parks. A. At the time of filing a tentative map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also flie a report specified by Section 66427.4 of the Government Code. 5 B. If the provisions of Chapter 21.37 apply to the mobile home park, the report specified in subsection (a) of this section shall include the report specified by Section 6 21.37.110(b)(3) of this code. C. In determining the impact of the conversion on displaced mobile home park 7 residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the 8 mobile home park at least fifteen days prior to the hearing on the map. If Chapter 21.37 applies, the subdivider shall also provide all notices required by Section 21.37.120 of this code. The 9 decision-making authority may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate 10 space in a mobile home park, and shall make all the flndings required by Section 21.37.120. D. When approving or conditionally approving a tentative map for conversion of a 11 mobile home park, the decision-making authority shall do one of the following: 1. Mitigate any significant adverse impact of the conversion on the ability of 12 displaced mobile home park residents to find adequate space in a mobile home park by zoning additional land for mobile home parks; 13 2. Find that there is sufficient land zoned for mobile home parks or sufficient .. space available in other mobile home parks for the residents who will be displaced; 3. Require the subdivider to mitigate any adverse impact pursuant to 15 subsection (c); 4. Find that the mitigation required by subsection (d)(1) and (d)(3) is not 16 feasible. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and 17 technological factors. 18 20.12.065 Proof of notice—Major subdivisions. A. Whenever the subdivider is required by this titie or the Subdivision Map Act to 19 give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof, sufficient to allow the decision-making authority to find that the 20 notice has been given or the reports or information provided. Such proof may include declarations under penalty of perjury. 21 20.12.070 City planner's duties. 22 A. The city planner shall obtain the recommendation of the city engineer, the parks and recreation director, the fire chief or their authorized representatives with respect to the design of the proposed subdivision and the kind, nature and extent of the proposed 24 improvements. Recommendations may also be obtained from affected agencies and any other person affected by or interested in the proposed subdivision, if such recommendations are 25 found to be necessary. B. Within ten days after the filing of a tentative map, the city planner shall send 26 notice of filing thereof with information about the location, number of units, density and any other information relevant to school districts to the governing board of any elementary, high school or 27 unified school district within whose boundaries the proposed subdivision is located. Such governing board shall make a written report thereon to the city indicating the impact of the 28 proposed subdivision and its recommendations within twenty working days after said notice was mailed, or the governing board shall be deemed to have approved the proposed subdivision. -10- 14 15 C. The city planner shall prepare a staff report to the decision-making autiiority 1 containing recommendations regarding the tentative map. A copy of the staff report and recommendations shall be furnished to the subdivider and to each tenant of the subject property 2 in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project at least three days prior to any hearing or action on such map by the planning commission. ^ D. The city planner shall set the map for public hearing before the planning commission. ^ 20.12.080 Notices and hearings. 6 A. Notice of the public hearing for a tentative map application shall be given pursuant to Section 21.54.060 and 21.54.061 of this code. 7 1. if the proposed subdivision is a conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, the notice 8 shall also be given by mail to each tenant of the subject property and shall include notification of the tenant's right to appear and be heard. 9 B. Failure by any person to receive notice specified in this section shall not invalidate any action taken pursuant to this title. 10 20.12.090 Decision-making authority. 11 A. The planning commission shall have the authority to approve, conditionally approve or deny a tentative map based upon its review of the facts as set forth in the 12 application, the circumstances of the particular case, and evidence presented at a public ^ hearing. B. The planning commission shall hear the matter, and may approve or conditionally approve the tentative map if all of the findings of fact in Section 20.12.091 of this chapter are found to exist. 1. Whenever the planning commission approves or conditionally approves a tentative map providing for supplemental size of improvements, the establishment of benefit 16 districts the execution of reimbursement agreements or the setting of fees under any of the provisions of Sections 20.08.130 or 20.08.140; Chapter 20.09; or Sections 20.16.041. 20.16.042 17 or 20.16.043, the map shall be fonA/arded to the city council, which shall hold a public hearing on the issue of the improvements. Ig 2. Any decision to approve or conditionally approve a tentative map shall include a de^criptionrpursuant to the provisions of this title,^f the kind,-nature and extent of any 19 improvements required to be constructed or installed in or to serve the subdivision. However, where the planning commission does not prescribe the kind, nature or extent of the 20 improvements to be constructed or installed, improvements shall be constructed and installed in accordance with the city standards. 21 c. Any decision to disapprove a tentative map shall be accompanied by a finding, 22 identifying the requirements which must be met or performed. 20.12.091 Required flndings. 23 A. The decision-making authority may approve or conditionally approve a tentative rj. map if all of the following findings are made: 1. The proposed subdivision, together with the provisions for its design and 25 improvement, is consistent with the general plan, applicable master and specific plans and with applicable provisions of Title 21. 26 2. All approvals and permits required by Title 21 for the project have been obtained or will be concurrently obtained with the approval of the subdivision. 27 3. The site is physically suitable for the type of development; 4. The site is physically suitable for the proposed density of development; 28 5. The design of the subdivision or proposed improvements: •11- 13 14 a. Are not likely to cause substantial environmental damage nor 1 substantially and avoidably injure fish or wildlife or their habitat; or b. If an environmental impact report was prepared with respect to the 2 project, a finding was made, pursuant to Section 21081 (a)(3) of the California Public Resources Code, that specific economic, social or other considerations make infeasibie the mitigation ^ measures or project alternatives identified in the environmental impact report; 6. The design of the subdivision or the type of improvements is not likely to cause serious public health problems; 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the 6 proposed subdivision; or, alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public; 7 a. This finding shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to the decision-making authority to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. 9 8. All requirements of the California Environmental Quality Act have been met; 10 9. The proposed subdivision meets or performs all applicable requirements or conditions of this title and the Subdivision Map Act, unless failure to do so is a result of a 11 technical and inadvertent error that does not materially affect the validity of the subdivision; 10. In the case of conversions of residential real property to condominiums, 12 community apartments or stock cooperatives, all required notices and reports to tenants have been or will be sent as required by California Government Code Section 66427.1 and other applicable laws; 11. If the proposed subdivision is on land that is subject to any of the contracts or easements specified in Section 66474.4 of the California Government Code: . ^ a. The parcels resulting from the subdivision will be large enough to sustain agricultural use, as specified in Section 66474.4 of the California Government Code; 16 anci b. If the subdivision will create lots for residential use, the residential 17 development will be incidental to the commercial agricultural use of the land. 12. The proposed subdivision complies with all requirements of the hillside 18 development regulations. Chapter 21.95 of the Carlsbad Municipal Code. 19 20.12.092 Announcement of decision and findings of fact. A. When a decision on a tentative map is made pursuant to this chapter, the 20 decision-making authority shall announce its decision and findings by formal resolution. B. The announcement of decision and flndings shall include: 21 1. A statement that the tentative map is approved, conditionally approved, or 99 denied; 2. The facts and reasons which, in the opinion of the decision-making 23 authority, make the approval or denial of the tentative map necessary to carry out the provisions and general purpose of this title; 24 3. Such conditions and limitations that the decision-making authority may impose in the approval of the tentative map. 25 C. The announcement of decision and flndings shall be mailed to: 1. The owner of the subject real property or the owner's duly authorized 26 agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the planning division; 27 2. Any person who has filed a written request for a notice of decision; 28 20.12.093 Effective date and appeals. fM -12- A. Decisions on tentative maps shall become effective as of the date specified by resolution of the decision-making authority unless the decision-making authority specified unless appealed and processed in accordance with the provisions of Section 21.54.150 of this ^ code and Section 66452.5 of the Subdivision Map Act. 5 13 3 20.12.100 Expiration of tentative maps. ^ A. The approval or conditional approval of a tentative map shall expire twenty-four nnoTith¥lronrihe dat¥lhe^^^^^ or conditionally approved unless it has been extended pursuant to Section 20.12.110 of this chapter. B. The time period specified in subsection A., including any extension thereof 6 granted pursuant to Section 20.12.110 of this chapter, shall not include any period of time during which a development moratorium as defined in Section 66452.6(f) of the California 7 Government Code, imposed after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five years. C. The period of time specified in subsection A., including any extension thereof granted pursuant to Section 20.12.110 of this chapter, shall not include any period of time 9 during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if a stay of such time period is approved by the 10 city council pursuant to this subsection. 1. An application for a stay must be filed by the subdivider in writing with the 11 city planner within ten days of the service on the city of the initial petition or complaint in such lawsuit. 12 2. The application shall state the reasons for the requested stay and include the names and addresses of all parties to the litigation. 3. The city planner shall notify all parties to the litigation of the date when 24 the application will be heard by the city council. 4. Within forty days after receiving such application, the city council shall 15 approve or conditionally approve the stay for up to five years or deny the requested stay. D. Prior to the expiration of the tentative map, a final map conforming to the 16 requirements of Chapter 20.20 of this title may be filed with the city engineer for approval. The final map shall be deemed filed on the date it is received by the city engineer. Once a timely and 17 complete filing has been made pursuant to this section, subsequent actions of the city, including,-but-not limited-to, processing, approving, and recording, may occur after the date of 18 expiration of the tentative map. E. i^he expiratbn~of the"Hpproved or conditionally approved-tentative map shall 19 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. 20 20.12.110 Extension of tentative map. 21 A. Automatic time extension. 1. Pursuant to California Government Code Section 66452.23, the expiration date of any tentative map, which has not expired on or before July 15, 2011 and will expire before January 1, 2014, shall be extended by two years. a. The expiration of all project related permits or approvals, which 24 were granted concurrently, shall be extended by two years, provided said permits or approvals have not expired on or before July 15, 2011 25 b. This section shall automatically sunset on January 1, 2014, unless Government Code Section 66452.23 is extended by the state legislature, in which case this 26 provision shall remain in effect concurrently with the effective date of the state law. B. Time extension by city planner. 27 1. Thejjty planner may administratively, without a public_„hQari"g or notice, extend the time within which the right or privilege granted under a tentative map is valid, subject 28 to the following: 2. Prior to the expiration date of the tentative map, the subdivider shall -13- 23 3 13 submit a written request for a time extension, along with payment of the application fee 1 contained in the most recent fee schedule adopted by the city council. 3. Provided the written request for a time extension is timely filed, the 2 tentative map shall be automatically extended for sixty days or until a decision to approve, conditionally approve or deny the request is rendered, whichever occurs first; however, if a time extension is granted, it shall be based on the original approval date. ^ 4. The city planner shall extend the tentative map for an additional two years, if the following findings are made: 5 a. The tentative map remains consistent with the general plan, all tities of this code and growth management program policies and standards in place at the time 6 the extension is considered; b. Circumstances have not substantially changed since the tentative 7 map was originally approved. c. The city planner may grant no more than three, two-year 8 extensions, for a total cumulative time extension of six years. d. All project related permits or approvals, which were granted 9 concurrently, shall be extended to expire concurrently with the tentative map, provided such permits or approvals remain consistent with the general plan, all tities of this code and growth 10 management program policies and standards in place at the time the extension is considered. e. When granting an extension of a tentative map, the city planner 11 may impose new conditions and may revise existing conditions. f. The city planner shall announce in writing, by letter, his/her 1^ decision to grant or deny an extension of a tentative map. A copy of the letter announcing the city planner's decision shall be mailed to the subdivider and to any person who has filed a written request to receive such notice. 5. City planner decisions on time extensions shall become effective as of the date specifled by resolution of the decision-making authority unless appealed and processed in 15 accordance with the provisions of Section 21.54.140 of this code; except, if the city planner denies the time extension, the subdivider may file an appeal with the City Clerk within 15 days 16 of the denial, and said appeal shall be subject to the same process required for appeals of planning commission decisions specified in Section 21.54.150 of this code. 17 C. Extensions when filing multiple or "phased" final maps. --z:—.s-z::zr- 1. ln addition to tho provisions for time extensions Specified Jn subsections A 18 and B of this section, a tentative map for which the filing of multiple or "phased" final maps has been authorized shall be~extended"subjBOt lo theiollowingiDTOvisions:: 19 a. When the subdivider is required to expend an amount equal to or greater than specified in California Government Code Section 66452.6(a), as determined at the 20 time the tentative map is approved, to construct, improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map, excluding 21 improvements of public rights-of-way that abut the boundary of the property and are reasonably related to the development of that property, then each filing of a final map authorized by Section 20.20.020(c) of this code shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date it would otherwise have expired or the date of the previously filed final map, whichever is later. 2^ i. The extensions granted pursuant to this subsection shall not extend the tentative map for more than ten years, excluding extensions granted pursuant to 25 subsections A and B of this section. However, a tentative map for property subject to a development agreement authorized by the California Government Code and this code may be 26 extended for a period of time provided for in the agreement, but not beyond the duration of the agreement. 27 ii. "Public improvements", as used in this subsection, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, 28 flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. I \!^- -14- 23 1 3 13 22 23 D. Extensions of vesting tentative maps shall be governed solely by the provisions of Chapter 20.17 of this titie, and by the provisions of subsection C.I.a. of this section. ^ 20.12.120 Tentative map amendment. A. An approved tentative map may be amended by following the same procedure required for the approval of said tentative map (except that if the City Council approved the ^ original tentative map, the Planning Commission shall have the authority to act upon the amendment), and upon payment of the application fee contained in the most recent fee 5 schedule adopted by the city council. B. If an approved tentative map was issued concurrently with the approval of 6 another project related development permit(s), any amendment to said tentative map shall be acted on by the decision-making authority that approved the original tentative map, except that if 7 the City Council approved the original tentative map, the Planning Commission shall have the authority to act upon the amendment. C. In granting an amendment, the decision-making authority may impose new conditions and may revise existing conditions. 9 D. An amended tentative map shall conform to the following requirements: 1. The proposed subdivision shown on such map shall generally conform to 10 the street and lot pattern shown on the approved tentative map. 2. The proposed subdivision shown on such map shall include only one 11 contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any, as the subdivider desires to include. 12 3. The map shall contain all of the information required on tentative maps and shall be accompanied by such data as is required to be filed with tentative maps. E. A tentative map amendment may be filed prior to expiration of a tentative map or 24 within the period of time specified in any extension granted thereto. j5 SECTION 13: That the list of sections in Chapter 20.16 of the Carlsbad 16 Municipal Code is amended to read as follows: 17 20.16.010 Design of subdivision. 20.16.015 Design for passive or natural heating opportunities. 18 20.16.020 Conformance to street plans. 20.16.025 Reserved. 19 20.16.030 Dedication. 20.16.040 Required improvements. 20 20.16.041 Supplemental improvements—Required. 20.16.042 Supplemental improvements—Reimbursement agreement—Funding 21 procedures. 20.16.043 Supplemental improvements—Drainage, sewerage, bridges and major thoroughfares. 20.16.050 Monuments. 20.16.060 Agreement to improve. 24 20.16.070 Improvement security—Required. 20.16.080 Improvement security—Amount. 25 20.16.090 Improvement security—Release. 20.16.095 Off-site improvements—Acquisition of property interests. 26 20.16.100 Improvement security—Forfeiture. 27 SECTION 14: That Section 20.16.015 of the Carlsbad Municipal Code is 28 amended to read as follows: n -15- 5 20.16.015 Design for passive or natural heating opportunities, 1 A. In addition to the requirements of Section 20.16.010, the design of a major subdivision for which a tentative map is required by this title, shall also provide to the extent ^ feasible for future passive or natural heating or cooling opportunities in the subdivision, 1. Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east- ^ west alignment for southern exposure, 2. Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes. 6 3. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to 7 configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. 9 4. The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are 10 added. 5. For the purposes of this section, "feasible" means capable of being 11 accomplished in a successful manner within a reasonable period of time, taking into account ^2 economic, environmental, social and technological factors as the city council may determine. 13 14 15 20.16.025 Reserved 16 SECTION 16: That Section 20.16.040 of the Carlsbad Municipal Code is 17 amended to read as follows 23 SECTION 15: That Section 20.16.025 of the Carlsbad Municipal Code is amended to read as follows: 18 20.16.040 Required improvements. A. Before approving a final map, the decision-making authority shall require and 19 before a final map is approved by operation of law, it shall be required that: 1. The subdivider grade and improve or agree to grade and improve all land 20 dedicated or to be dedicated for streets or easements, bicycle routes and all private streets and private easements laid out on a final map or parcel map in such manner and with such 21 improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, and in accordance with city standards; 22 2. The subdivider install or agree to install all drainage and flood-control structures and facilities required by the city engineer, which drainage and flood-control structures and facilities shall conform to city standards, or the standards of other appropriate 24 agencies as the city engineer adopts; 3. The subdivider install or agree to install fire hydrants and connections of a 25 type and location approved by the fire chief. For local residential streets, fire hydrant connections, including valves, shall be installed between the sidewalk and the curb and gutter in 26 the parkway; 4. The subdivider provide all necessary easements and rights-of-way to 27 accommodate all streets, drainage and flood-control structures and facilities and sewer systems extending beyond the boundaries of the subdivision; 28 5. The subdivider provide that the subdivision be connected to a domestic water system approved by the city and all water mains shall be of a material subject to the ft -16- ' 1 requirements of the water company or agency serving the subdivision. That the subdivider shall install or agree to install all required water systems necessary to serve the subdivision and that all water lines, appurtenances and service connections have been constructed or laid prior to 2 paving or provisions have been made to insure said construction; and 6. Where a sewer line is constructed or laid within a street or road, the subdivider has installed or agreed to install sewer lines of a type and size approved by the city A engineer to the property line of each lot within the subdivision and all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or 5 provisions have been made to insure the construction. B. If the offer of dedication of streets is rejected on the map pursuant to Section 6 66477.1 of the Subdivision Map Act, no surfacing shall be required on any street so rejected; provided, however, this provision shall not be construed as relieving the subdivider of the 7 obligation of: 1. Grading such rejected streets to grades and widths required by city 8 standards; 2. Installing all drainage structures and facilities required by the city 9 engineer, which shall conform to city standards; or 3. Installing water supply pipelines, fire hydrants and connections as may be 10 required by the city engineer and fire chief. C. No surfacing is required on any private street laid out on any parcel map where 11 each parcel shown on such map contains a gross area of twenty acres or more; provided, however, this provision shall not be construed as relieving a subdivider of the obligation of: 12 1. Grading such private streets to grades and widths required by city ^standards; 2. Installing all drainage structures and facilities required by the city .A engineer, which shall conform to city standards; and 3. Installing water supply pipelines, fire hydrants and connections as may be 15 required. D. The design of any subdivision for which a tentative map or parcel map is required 16 pursuant to Government Code Section 66426 shall provide for appropriate cable television systems and for communication systems, including, but not limited to, telephone and internet 17 services, to each parcel in the subdivision. All new utility distribution facilities, including cable television conduit and lines, and communications systems, within the boundaries of any new 18 subdivision or within the half-street abutting a new subdivision, shall be placed underground. All existing utility distribution facilities shall be placed underground within the boundaries of any 19 new subdivision or within any half-street abutting any new subdivision except where the existing facilities within any single half-street section abutting the new subdivision span a distance of 20 less than six hundred feet, or where it is determined by the city engineer that it is not practicable to place the existing facilities underground within any single half-street section due to the 21 existence of overhead utility services to properties on the opposite side of that half-street section, in which cases the subdivider shall execute and record a covenant running with the land not to oppose a local improvement district for underground placement of utilities. In developments where overhead utility distribution facilities are allowed to remain, all new services to existing lots and lots created according to the provisions of this 24 titie shall be installed underground from the nearest utility pole. The subdivider is responsible for complying with the requirements of this 25 subsection, and he shall make the necessary arrangements with each of the serving utilities, including franchised cable television operators, and communication system providers, including, 26 but not limited to, telephone and internet services, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities 27 necessarily appurtenant to such underground utilities and street lighting systems may be placed aboveground, subject to approval of the city engineer as to type and location. The provisions of 28 this subsection shall not apply to the installation and maintenance of overhead electric transmission lines in excess of thirty-four thousand five hundred volts and long-distance and \a -17- 5 trunk communication facilities. The installation of cable television lines may be waived when, in the opinion of the city council, no franchised cable television operator is found to be willing and able to install cable television lines in the subdivision. Notwithstanding any such waiver, the installation of cable television conduits is required. E. The subdivider shall construct or shall cause to be constructed at his cost a street lighting system conforming to city standards. ^ F. Where the city has adopted a flood-control element or drainage element of the general plan, any improvements shall conform to such element wherever possible. G. The subdivider shall comply or agree to comply with all the conditions of approval contained in the resolution approving the tentative map and not otherwise provided for by this 6 section H. If improvements are required for a designated remainder parcel, the fulfillment of 7 such requirements by the construction of improvements shall not be required until such time as a building or grading permit for development of the parcel is issued by the city or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the city. In the absence of such an agreement, the city council may require 9 fulfillment of some or all of such construction requirements within a reasonable time following approval of the flnal map and prior to the issuance of a building or grading permit for the 10 development of a remainder parcel upon a finding that fulfillment of the construction requirements is necessary for reasons of public health and safety or that the construction is a 11 necessary prerequisite to the orderly development of the surrounding area, 12 SECTION 17: That Section 20.16.060 of the Carlsbad Municipal Code is 13 amended to read as follows: 14 20.16.060 Agreement to improve, 25 A. Unless the decision-making authority requires the subdivider to construct improvements prior to final map approval, the subdivider may elect to agree to construct 16 improvements or to otherwise comply with the requirements of this title and with the conditions in the resolution approving the tentative map or, if authorized by the city council, may contract to 17 initiate and consummate special assessment district proceedings in lieu of constructing improvements, as provided in Section 66462 of the Subdivision Map Act. If the subdivider 18 consents, or the city council requires pursuant to Section 20.16.040, the agreement may provide for the improvements for a designatechremainder-parcel~prior-1o-issua a building or 19 grading permit for such parcel. In addition, the subdivider shall prepare and deposit with the city clerk detailed plans and specifications of the improvements to be constructed or the conditions 20 to be met, and such plans and specifications shall be made a part of any such agreement or contract and of the improvement security securing the same. The city manager is authorized to 21 sign such agreements on behalf of the city. 22 SECTION 18: That Section 20.17.030 of the Carlsbad Municipal Code is 23 amended to read as follows: 24 20.17.030 Rights conferred. 25 A. Approval or conditional approval of a vesting tentative map or vesting tentative parcel map shall confer a vested right to proceed with development in substantial compliance 26 with the ordinances, policies and standards in effect at the date the application is deemed complete, as described in Section 66474.2 of the Government Code. However, if Section 27 66474.2 is repealed the approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the 28 vesting tentative map or vesting tentative parcel map was approved or conditionally approved. Any disputes regarding whether a development substantially complies with the approved or conditionally approved map, or with the ordinances, policies or standards described in this subsection, shall be resolved by the decision-making authority which approved the vesting tentative map or vesting tentative parcel map, in accordance with Sections 20.12.090 and 20.24.120. B. Notwithstanding subsection A of this section, a permit, approval, extension or entitlement for development may be conditionally approved or denied if the decision-making 4 authority determines: 1. A failure to condition or deny the permit, approval, extension or 5 entitlement would place the residents of the subdivision or of the immediate community or both in a condition dangerous to their health or safety or both; or 6 2. The condition or denial is required in order to comply with state or federal law. 7 C. The rights conferred by a vesting tentative map or vesting tentative parcel map shall expire if: 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; 9 2. The applicant has requested a change in the type, density, bulk or design of the development unless an amendment to the vesting tentative map or vesting tentative 10 parcel map has been approved. D. If the final map or parcel map is approved prior to the expiration of the vesting 11 tentative map or vesting tentative parcel map, the vested rights conferred by subsection (a) of this section shall last as follows: 12 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 maps are recorded on various phases of a project covered by a single vesting tentative map or vesting tentative j4 parcel map the two-year initial period shall begin for each phase when the final map or parcel map for that phase is recorded. j5 2. The two-year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit or for design or 16 architectural review, if such processing exceeds thirty days from the date a complete application is accepted. 17 3. A subdivider may apply to the decision-making authority for a one-year exterrsion-of the vested rrights ^l~any time before^^ initial two-year time period expires. An 18 extension may be granted only if the decision-making authority finds that the map still complies withrthe-requirements of this^itleT The decision-making authority may approve, conditionally 19 approve or deny an extension in its sole discretion, subject to appeal in accordance with Chapter 20.12 or 20.24 20 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 shall 21 continue until the expiration of that building permit or any extension of that building permit. 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 same 2^ as any subdivision which was not processed pursuant to this chapter. F. Notwithstanding subsection (a), the amount of any fees which are required to be 24 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 25 not vested upon approval of the vesting tentative map or vesting tentative parcel map. 26 SECTION 19: That the list of sections in Chapter 20.20 of the Carisbad 27 Municipal Code is amended to read as follows: 28 20.20.010 Maps to conform to requirements of approved tentative map. 20.20.020 City engineer to approve maps. -19- 22 20.20.030 Required offer of dedication. 1 20.20.040 Grant of open space easement. 20.20.050 Type of map required. 2 20.20.060 Additional data on final subdivision maps. 20.20.070 Record of easements. 20.20.080 Survey data. 20.20.090 Lot numbers. 20.20.100 Established lines. 20.20.110 Additional certificates on final subdivision maps. 20.20.115 Notice of owner's development lien. 6 20.20.120 Titie company certificate and report. 20.20.130 Titie company subdivision guarantee. 7 20.20.140 Approval as to form. 20.20.150 Stamping or printing of certificates. 8 20.20.160 Soil reports. 20.20.165 Appeal of city engineer decision. 9 20.20.170 Transmittal of flnal map. 10 SECTION 20: That Sections 20.20.010 through 20.20.030 of the Carlsbad 11 Municipal Code are amended to read as follows: 1^ 20.20.010 Maps to conform to requirements of approved tentative map. A. All flnal and parcel maps for major subdivisions shall conform to the requirements of the Subdivision Map Act and this titie and also shall conform to the requirements specified in j4 the approval or conditional approval of the tentative map. 15 20.20.020 City engineer to approve maps. A. Pursuant to California Government Code Section 66458(d), the city engineer is 16 authorized to approve or deny final maps. B. The city engineer shall notify the city council at its next regular meeting after the 17 official receives the map that the city engineer is reviewing the map for final approval. 1. The city clerk shall provide notice of any pending approval or denial by 18 the city engineer, such notice shall be attached and posted with the city council's regular agenda and shall be mailed to interested parties who request notice. 19 C. The city engineer shall approve or deny the final map within ten days following the meeting of the city council held pursuant to subsection B of this section. 20 D. The city engineer shall not consider a final map unless there is a valid tentative map for the subdivision. 21 E. No final map shall be filed in the office of the county recorder until approved by the city engineer, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The city engineer may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error which, in the determination of the city 25 engineer, doesn't materially affect the validity of the map. F. Multiple or "phased" final maps may be filed for portions of the tentative map, 26 provided that the tentative map approval divides a subdivision into units and the final map or "phased" final map substantially conforms to one or more of such units and complies with all 27 conditions applicable to such units. The number of final maps or "phased" final maps which may be filed shall be determined by the decision-making authority at the time of the approval or 28 conditional approval of the tentative map. When dividing a subdivision into units, the decision- making authority shall ensure that the design and improvement of each unit are consistent with -20- ^ the provisions of this titie. If the subdivider is subject to a requirement to construct or improve or 1 finance the construction and improvement 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 may be ^ placed on the extension of the tentative map which occurs by operation of 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 city engineer may modify or eliminate the phasing scheme. G. The city engineer shall not approve a final map for a subdivision to be created from a conversion of residential real property into a condominium project, a community 6 apartment project, or a stock cooperative project unless it finds all of the following: 1. Each of the tenants of the proposed condominium project, community apartment project, or stock cooperative project has received written notification of intention to convert at least sixty days prior to the filing of a tentative map. There shall be a further finding 8 that each such tenant and each person applying for the rental of a unit in such residential real property has or will have received all applicable notices and rights now or hereafter required by 9 this title or the Subdivision Map Act. In addition, a finding shall be made that each tenant has received ten days' written notification that an application for a public report will be or has been 10 submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such 11 notices comply with the legal requirements for service by mail. 2. Each of the tenants of the proposed condominium project, community 1^ apartment project, or stock cooperative project has been or will be given written notification within ten days of approval of a final map for the proposed conversion. 1^ 3. Each of the tenants of the proposed condominium project, community apartment project, or stock cooperative project has been or will be given one hundred-eighty days' written notice of intention to convert prior to termination of tenancy due to the conversion 15 or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or 16 obligations of the parties in performance of their covenants, including but not limited to the provisions of services, payment of rent or the obligations imposed by Sections 1941, 1941.1 and 17 194.1 of the California Civil Code. 4. Each of the-tenants of the-proposed condorainium^::p^^^ 18 apartment project, or stock cooperative project has been or will be given notice of an exclusive right"1o"CDrrtract^or-the purchase-Gf his-or-heT-respective units upon the same terms and 19 conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance 20 of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right. 21 ' 5. The owners of a stock cooperative or community apartment project have voted in favor of such conversion as specified by Section 66452.10 of the State Government Code. 6. This section shall not diminish, limit or expand, other than as provided herein, the authority of the decision-making authority to approve or disapprove condominium 24 projects. 25 20.20.030 Required offer of dedication. A. As a condition precedent to the approval by the city engineer of any final map, all 26 parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels, other than streets, intended for the exclusive use of the lot 27 owners in the subdivision, their licensees, visitors, tenants and servants. 28 -21- 14 15 SECTION 21: That Section 20.20.110 of the Carlsbad Municipal Code is amended to read as follows: 20.20.110 Additional certificates on final subdivision maps. ^ A. In addition to certificates and other material required by the Subdivision Map Act and this title, every final subdivision map shall bear the following certificates or endorsements: 1. A certificate by the city treasurer and the director of sanitation and flood control, where applicable, to the effect that there are no unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any 6 part thereof; 2. A certificate by the clerk of the board of supervisors that the provisions of 7 Division 2, Title 7 of the Government Code have been complied with regarding security for payment of taxes or special assessments collected as taxes on the property whenever any part of the subdivision is subject to a lien for taxes, or special assessments collected as taxes, which are not yet payable; 9 3. Certificate of the county recorder as to the filing of the map; 4. A certificate signed and sealed by the engineer/surveyor in accordance 10 with Section 66441 of the Subdivision Map Act; 5. A certificate signed by the city engineer in accordance with Section 66442 11 of the Subdivision Map Act; 6. A certificate signed by the city engineer that the tentative map has been 12 approved or conditionally approved by the decision-making authority; 7. Endorsement by the city attorney of his approval of the map as to form; 1^ 8. A certificate signed by the city engineer accepting, accepting subject to improvement, or rejecting all offers of dedication that are made by a statement on the map; 9. If applicable, a certificate signed by the city clerk attesting to the approval of the map by the city council and their acceptance, acceptance subject to improvement, or rejection on behalf of the public of all dedications shown thereon; 2^ 10. An owner's certificate as required by Section 66436 of the Subdivision Map Act which shall bear the signatures of all parties owning any record titie interest in the land 17 subdivided except those which have been omitted pursuant to Section 66436 of the Subdivision Map Act. The names of any parties who own interests described in Section 66436 of the 18 Subdivision Map Act and who have not signed the owner's certificate shall be set forth in the owner's certificate together with a description of their respective interests and the reasons why 19 they have not signed the certificate. All such signatures of owners and others, whether individuals or corporations, must be properiy signed and acknowledged before a notary public. 20 In case a subdivision map is signed by a corporation, a certified copy of the resolution passed by the board of directors of such corporation authorizing that action must accompany the map; 21 11. Where dedications are required, a certificate offering to dedicate interests in real property for specified public purposes in accord with Section 66439 of the Subdivision '^^ Map Act. The certificate shall be properly signed and acknowledged before a notary public and shall be signed by all parties having any record title interest in the real property being subdivided subject to the provisions of Section 66436 of the Subdivision Map Act. In case any dedication or consent shown on a subdivision map is signed by a corporation, a certified copy of the resolution passed by the board of directors of such corporation authorizing that action must 25 accompany the final map. 26 SECTION 22: That Section 20.20.140 of the Carlsbad Municipal Code is 27 amended to read as follows: 28 20.20.140 Approval as to form. -22- 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 A. All final subdivision maps filed with or submitted to the city engineer shall be first submitted to the city attorney and approved as to form by him. SECTION 23: That Section 20.20.165 is added to the Carlsbad Municipal Code as follows: 20.20.165 Appeal of city engineer decision. A. The city engineer's approval or denial of a final map may be appealed to the city council, subject to the same requirements for appeals of planning commission decisions specified in Section 21.54.150 of this code. SECTION 24: That Section 20.20.170 of the Carlsbad Municipal Code is amended to read as follows: 20.20.170 Transmittal of flnal map. A. Upon approval of the final map, the city engineer shall transmit the map to the appropriate county agency pursuant to Government Code Section 66464 for filing with the county recorder. SECTION 25: That the list of sections in Chapter 20.22 of the Carisbad Municipal Code is amended to read as follows: 20.22.010 Purpose and applicability. 20.22.020 Definition. 20.22.030 Parcel map required. 20.22.040 Required flndings. 20.22.050 Improvements, dedications and design. 20.22.060 Abandon environmental subdivision. SECTION 26: That Section -20.22.0X0^oi \he-Gm\sb^^ is —amended to read as follows: 20.22.010 Purpose and applicability. A. This chapter is intended to implement Government Code Section 66418.2 which excepts, among other things, land being subdivided solely for the creation of an environmental subdivision from the requirement of a tentative and final map when five or more parcels are created. B. This chapter shall apply only upon the written request of the landowner at the time the land is divided. This section is not intended to limit or preclude subdivision by other lawful means for the mitigation of impacts to the environment, or of the land devoted to these purposes, or to require the division of land for these purposes. SECTION 27: That Section 20.22.030 of the Carisbad Municipal Code is amended to read as follows: 20.22.030 Parcel map requjred. A. A parcel map shall be required for environmental subdivisions, pursuant to applicable requirements specified in Chapters 20.24, 20.28 and 20.32 of this titie. -23- 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 SECTION 28: That Section 20.22.040.A of the Carisbad Municipal Code is amended to read as follows: A. Prior to approving or conditionally approving an environmental subdivision, the decision-making authority shall find each of the following: 1. That factual biotic or wildlife data, or both, are available to the city to support the approval of the subdivision, prior to approving or conditionally approving the environmental subdivision. 2. That provisions have been made for the perpetual maintenance of the property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, state, or federal agency requiring mitigation. 3. That an easement will be recorded in the county in which the land is located to ensure compliance with the conditions specifled by any local, state, or federal agency requiring the mitigation. The easement shall contain a covenant with a county, city, or nonprofit organization running with the land in perpetuity, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument. Where the biotic or wildlife habitat, or both, are compatible, the city shall consider requiring the easement to contain a requirement for the joint management and maintenance of the resulting parcels. This reservation shall not be inconsistent with the purposes of this section and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or both, of the land. SECTION 29: That Sections 20.22.050 through 20.22.060 are added to the Carisbad Municipal Code as follows: 20.22.050 Improvements, dedications and design. A. Notwithstanding Government Code Section 66411.1(a) (limiting required improvements to the dedication of rights of way, easements, and the construction of reasonable off-site and on-site improvements for parcels created by division of land which is not a subdivision of five or more lots), any improvement, dedication, or design required by the city as a condition ofrapproval of an enviroameFital subdivision shall-be-zS^e of ensuring compliance with the conditions required by local, state, or federal agency requiring the —mitigation^ 20.22.060 Abandon environmental subdivision. A. After recordation of a parcel map for an environmental subdivision, a subdivider may only abandon an environmental subdivision by reversion to acreage pursuant to Chapter 20.40 and Government Code Section 66499.11, if the city finds that all of the following conditions exist: 1. None of the parcels created by the environmental subdivision has been sold or exchanged. 2. None of the parcels is being used, set aside, or required for mitigation purposes pursuant to this section. 3. Upon abandonment and reversion to acreage pursuant to this subdivision, the easement for biotic and wildlife purposes is extinguished. B. If the environmental subdivision is abandoned and reverts to acreage pursuant to this section, all local, state, and federal requirements shall apply. SECTION 30: That the list of sections in Chapter 20.24 of the Carisbad Municipal Code is amended to read as follows: -24- 20.24.010 Minor subdivision. 1 20.24.020 Tentative parcel map required. 20.24.030 Application and time limits for processing. 2 20.24.040 Information to be filed with tentative parcel map. 20.24.050 Grading plan. 20.24.060 Preliminary title report. 20.24.065 Conversion of mobile home parks. 20.24.070 Replacement tentative parcel map. 5 20.24.080 Revised tentative parcel map. 20.24.090 Other department and agency review. 6 20.24.100 Assignment of certain responsibilities to the city engineer. 20.24.110 Proof of notice—Minor subdivisions. 7 20.24.115 Notices. 20.24.120 Decision-making authority. 20.24.130 Required Findings. 20.24.135 Announcement of decision and findings of fact. 9 20.24.140 Effective date and appeals. 20.24.150 Waiver of parcel map. 10 20.24.160 Expiration of tentative parcel map. 20.24.180 Extension of tentative parcel map. 11 20.24.185 Tentative parcel map amendment. 20.24.190 Vesting tentative parcel map. 23 24 25 SECTION 31: That Sections 20.24.020 through 20.24.040 of the Carlsbad 12 13 j4 Municipal Code are amended to read as follows 15 20.24.020 Tentative parcel map required. A. Any person proposing to create a minor subdivision pursuant to this titie shall file 16 with the city planner a tentative parcel map pursuant to the provisions of this chapter; provided, however, an adjustment plat may be filed in lieu of a tentative parcel map under the conditions 17 specified in Chapter 20.36 of this titie. The city planner shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the 18 minor subdivision shown thereon shall have been filed with and approved pursuant to this chapter. 19 20.24.030 Application and time limits for processing. 20 A. An application for a tentative parcel map may be made by the owner of the property affected or the authorized agent of the owner. The application shall: 21 1. Be made in writing on a form provided by the city planner; 2. State fully the circumstances and conditions relied upon as grounds for the application; and 3. Be accompanied by adequate plans, a legal description of the property involved, data specified by this title and all other materials as specified by the city planner. B. At the time of filing the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. C. If signatures of persons other than the owners of property making the application 26 are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of 27 their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the city planner, planning commission and the 28 city council. -25- D. The city planner shall not accept a tentative parcel map for processing unless the city planner finds that: 1. The requirements of Title 19 of this code have been met; 2 2. The tentative parcel map is consistent with the provisions of Titie 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued. E. All tentative parcel maps shall be approved, conditionally approved or denied within the time limits specified by this titie and the Subdivision Map Act. 5 1. If the decision-making authority does not take action to approve, conditionally approve or deny the tentative parcel map within the time limits specified by this title 6 or the Subdivision Map Act, the tentative parcel map as filed shall be deemed to be approved, insofar as it complies with other applicable requirements of this code and the Subdivision Map 7 Act. F. Notwithstanding the provisions of subsections D and E of this section, a tentative parcel map may be processed concurrentiy with other development permits or approvals required for the project required by Tities 19 or 21 of this code, if the subdivider for the tentative 9 parcel map first waives the time limits for processing, approving or conditionally approving or disapproving a tentative parcel map provided by this title or the Subdivision Map Act. Pursuant 10 to the provisions of Chapter 19.04 of this code, a project may be processed according to this chapter but still not be deemed complete until the environmental documents are completed. 11 20.24.040 Information to be filed with tentative parcel map. 12 A. Such information as may be prescribed by the rules and regulations approved by the city council pursuant to Section 20.04.060 of this title and such additional information as the city planner may find necessary with respect to any particular case to implement the provisions j4 of this title shall accompany the tentative parcel map at the time of submission. SECTION 32: That Sections 20.24.060 through 20.24.130 of the Carlsbad 16 Municipal Code are amended to read as follows: 17 20.24.060 Preliminary titie report. A; There::shall=b^^^ 18 report of the property being subdivided or altered, 19 20.24.065 Conversion of mobile home parks. A. At the time of filing a tentative parcel map for a subdivision to be created from the 20 conversion of a mobile home park to another use, the subdivider shall also file a report specified by Section 66427.4 of the California Government Code and, if applicable. Section 21 21.37.110(b)(3) of this code. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park within fifteen days of the filing of the tentative parcel map. The subdivider shall also provide all notices required by Section 21.37.120 of this code. The city planner may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park, 25 and shall make all the findings required by Section 21.37.120. 26 20.24.070 Replacement tentative parcel map. A. A replacement tentative parcel map shall be submitted when the city planner 27 finds that the number or nature of the changes necessary for approval are such that they cannot be shown clearly or simply on the original tentative parcel map. 28 20.24.080 Revised tentative parcel map. -26- 23 24 A. Where a subdivider desires to revise an approved tentative parcel map, the 1 subdivider may file with the city planner, prior to the expiration of the approved tentative parcel 2 map, a revised tentative parcel map on payment of the fees specified in Section 20.08.060. 20.24.090 Other department and agency review. ^ A. Within five working days after a tentative parcel map has been filed, the city planner shall transmit copies of the tentative parcel map together with accompanying information to such public agencies and public and private utilities as the city planner 5 determines may be concerned. Each of the public agencies and utilities may, within ten working days after the map has been sent to such agency, fonA/ard to the city planner a written report of 6 its findings and recommendations thereon. B The city planner shall obtain the recommendations of other city departments, 7 governmental agencies or special districts as may be deemed appropriate or necessary by the city planner in order to carry out the provisions of this titie; 8 20.24.100 Assignment of certain responsibilities to the city planner. 9 A. The responsibilities of the city council pursuant to Sections 66473.5, 66474, 66474.1 and 66474.6 of the Subdivision Map Act and the responsibilities of the planning 10 commission pursuant to Section 65402 of the Government Code and Section 2.24.065 of this code are assigned to the city planner with respect to those tentative parcel maps filed pursuant 11 to this chapter. 1 ^ 20.24.110 Proof of notice—Minor subdivisions. A. Whenever the subdivider is required by this titie or the Subdivision Map Act to give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof sufficient to allow the city planner to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty 15 of perjury. 16 20.24.115 Notices. A. Notice of an application for a tentative parcel map shall be given pursuant to the 17 provisions of Section 21.54.061 of this title and the following: 1. At least ten calendar days prior to a decision on the application, written 18 notice shall be given as follows: a. Notice by mail. Mailed or delivered to: 19 i. The owner of the subject real property or the owner's duly authorized agent; 20 ii. The subdivider and/or the subdivider's representative; iii. All owners of real property as shown on the latest 21 equalized assessment roll within three hundred feet of the real property that is the subject of the tentative parcel map. In lieu of utilizing the assessment roll, records of the county assessor or tax collector that contain more recent information than the assessment roll may be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is greater than one thousand, in lieu of mailed or delivered notice, notice may be given by placing 24 a display advertisement of at least one-eighth page in at least two newspapers of general circulation within the city. 25 iv. All occupants within one hundred feet of the subject property and to the area office of the California Coastal Commission. This requirement applies 26 to minor coastal development permits only. V. Any person who has filed a written request for notice with 27 the city clerk. The city clerk shall charge a fee established by city council resolution which is reasonably related to the costs of providing this service. Each request shall be annually 28 renewed. 14 -27- vi. When a tentative parcel map is for the conversion of 1 existing residential real property to a condominium project, community apartment project or stock cooperative project, the notice required by this section shall be sent to all tenants of the project. 2. Once notice has been given in accordance with this section, any person ^ may file written comments or a written request to be heard within ten calendar days of the date of the notice. If a written request to be heard is filed, the city planner shall: a. Schedule an administrative hearing; and b. Provide written notice at least five calendar days prior to the date of the administrative hearing to the owner of the subject real property or the owner's duly 6 authorized agent, the project applicant and/or applicant's representative, and any person who filed written comments or a written request to be heard. 7 B. The failure by any person to receive the notice specified herein shall not invalidate any action taken pursuant to this title. 20.24.120 Decision-making authority. 9 A. The city planner shall have the authority to approve, conditionally approve or deny a tentative parcel map based upon review of the facts as set forth in the application, the 10 circumstances of the particular case, and evidence presented at an administrative hearing if one is conducted pursuant to the provisions of Section 21.24.110 of this titie. 11 B. The city planner may approve or conditionally approve the tentative parcel map jf all of the findings of fact in Section 20.24.130 of this chapter are found to exist. 12 1. Whenever the city planner approves or conditionally approves a tentative 13 parcel map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of fees under any of the 14 provisions of Sections 20.08.130 or 20.08.140; Chapter 20.09; or Sections 20.16.041, 20.16.042 or 20.16.043, the map shall be forwarded to the city council, which shall hold a public hearing on 15 the issue of the improvements. 2. Any decision to approve or conditionally approve a tentative parcel map 16 shall include a description, pursuant to the provisions of this titie, of the kind, nature and extent of any improvements required to be constructed or installed in or to serve the subdivision. 17 However, where the city planner does not prescribe the kind, nature or extent of the improvements to be cwstructeij-or'irislalted, 1m in 18 accordance with the city standards. 3. Any decision to disapprove a tentative parcel map shall be accompanied 19 by a finding, identifying the requirements or conditions which have not been met or performed. 20 20.24.130 Required Findings. A. The decision-making authority may approve, or conditionally approve a tentative parcel map if all of the findings in Section 20.12.091 of this titie and the following findings are made: 1. The land proposed for division was created legally, or the lot or parcel has been approved by the city and a certificate of compliance relative thereto has been filed with the county recorder; 2. The subdivision does not create five or more lots, inclusive of the total number of lots in a parcel map of which the subject land is a part of and which was approved or 25 recorded less than two years prior to the filling of the subject tentative parcel map; 3. The land proposed for division is not part of an approved tentative parcel 26 map wherein the parcel map requirement was waived pursuant to provisions of this division and a certificate of compliance has been filed with the county recorder pursuant to Chapter 20.48 of 27 this title; 22 23 24 28 •28- 22 28 SECTION 33: That Section 20.24.135 is added to the Carlsbad Municipal Code as follows: 20.24.135 Announcement of decision and findings of fact. A. When a decision on a tentative parcel map is made pursuant to this chapter, the ^ decision-making authority shall announce its decision and findings in writing. B. The announcement of decision and findings shall include: 5 1. A statement that the tentative parcel map is approved, conditionally approved, or denied; 6 2. The facts and reasons which, in the opinion of the decision-making authority, make the approval or denial of the tentative parcel map necessary to carry out the 7 provisions and general purpose of this title; 3. Such conditions and limitations that the decision-making authority may impose in the approval of the tentative parcel map. C. The announcement of decision and findings shall be mailed to: 9 1. The owner of the subject real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown 10 on the application filed with the planning division; 2. Any person who has filed a written request for a notice of decision; 11 3. Any person who filed a written request for an administrative hearing or to be heard at an administrative hearing. 12 13 j4 Municipal Code are amended as follows SECTION 34: That Sections 20.24.140 through 20.24.180 of the Carisbad 15 20.24.140 Effective date and appeals. A. Decisions on tentative parcel maps shall become effective as of the date 16 specified by the decision-making authority unless appealed and processed in accordance with the provisions of Section 21.54.140 of this code and Section 66452.5 of the Subdivision Map 17 Act. 18 20.24.150 Waiver of parcel map. A. Other provisions of this title tO"the contrary notwithstanding, the requirement that 19 a parcel map be prepared, filed with the city engineer and recorded may be waived, provided a finding is made by the city engineer or, on appeal, by the planning commission or city council, 20 that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal 21 facilities, water supply availability, environmental protection and other requirements of this title and the Subdivision Map Act and with the requirements of the public facilities element of the general plan and the provisions of Chapter 20.44 of this title which would otherwise apply to the proposed subdivision. B. An applicant for a minor subdivision pursuant to this section shall pay the fee 24 prescribed by Section 20.08.060 for tentative parcel maps and shall file an application and request for parcel map waiver which shall contain sufficient information in the opinion of the city 25 engineer to enable the city engineer or, on appeal, the planning commission or city council, to make the findings required by this section. The following types of subdivisions are deemed to 26 comply with the findings required by this section for waiver of the parcel map unless the city engineer or, on appeal, the planning commission or city council finds, based on substantial 27 evidence that public policy necessitates a parcel map, such map shall not be required for the following: -29- 3 1. Short-term leases, terminable by either party on thirty days' notice, of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code; 2 2. Land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way shall include a fee interest, a leasehold interest, an easement or a license. ^ C. The following minor subdivisions, provided dedications or improvements are not required by the city engineer, or on appeal the planning commission or city council, as condition 5 of approval in the absence of evidence to the contrary, are deemed to comply with the findings required by this section for waiver of the parcel map 6 1. A minor subdivision wherein each resulting lot or parcel contains a gross area of forty acres or more, or each of which is a quarter-quarter section or larger; 7 2. A minor subdivision only for the purpose of leasing the lots resulting from such subdivision; 3. A major subdivision as specified in Section 20.20.050 of this title. D. The processing of any application pursuant to this section shall be subject to the 9 same time requirements and procedures as are provided in this title for tentative parcel maps The city engineer's decision to waive a parcel map may be appealed in the same manner as the 10 appeal of city planner decisions pursuant to the provisions of Section 21.54.140 of this code. In any case, where waiver of the parcel map is granted by the city engineer, or on appeal by the 11 planning commission or city council, the city engineer shall cause to be filed for record with the j2 county recorder a certificate of compliance pursuant to Chapter 20.48 of this titie. 20.24.160 Expiration of tentative parcel map, A. The provisions for the expiration of tentative maps specified in Section 20.12.100 j4 of this title shall be applicable to tentative parcel maps, B. Prior to the expiration of the tentative parcel map, a parcel map conforming to the 15 requirements of Chapter 20.32 of this title may be filed with the city engineer for approval. The parcel map shall be deemed filed on the date it is received by the city engineer. Once a timely 16 and complete filing has been made pursuant to this section, subsequent actions of the city, including, but not limited to, processing, approving and recording, may occur after the date of 17 expiration of the tentative map, 18 20.24.180 Extension of tentative parcel map. A. The provisions for the extension of tentative maps specifiedHn Section 20.12.110 19 of this titie shall be applicable to tentative parcel maps, 20 SECTION 35: That Section 20.24.185 is added to the Carlsbad Municipal 21 Code as follows: 99 20.24.185 Tentative parcel map amendment. 22 A. The provisions for amendments to tentative maps specified in Section 20.12.120 of this title shall be applicable to tentative parcel maps. 24 25 26 20.32.010 Maps to conform to requirements approved tentative parcel map. 27 20.32.020 City engineer to approve parcel maps. 20.32.030 Land subject to inundation. 28 20.32.040 Additional certificates on parcel maps. 20.32.050 Titie company subdivision guarantee. -30- SECTION 36: That the list of sections in Chapter 20.32 of the Carlsbad Municipal Code is amended to read as follows: 20.32.060 Stamping or printing of certificates. 1 20.32.070 Additional data on parcel maps. 2 20.32.080 Transmittal of parcel maps. 3 ^ Municipal Code are amended to read as follows 18 20 SECTION 37: That Sections 20.32.010 through 20.32.020 of the Carlsbad 5 20.32.010 Maps to conform to requirements of approved tentative parcel map. A. All parcel maps shall conform to the requirements of the Subdivision Map Act 6 and this chapter and also shall conform to the requirements specifled in the approval or conditional approval of the tentative parcel map. 7 20.32.020 City engineer to approve parcel maps. A. The city engineer is authorized to approve or deny parcel maps. B. The city engineer shall not consider a parcel map unless there is a valid tentative 9 parcel map for the subdivision. C. No parcel map shall be filed in the office of the county recorder until approved by 10 the city engineer, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of 11 the tentative parcel map, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The city 1^ engineer may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error, which in the determination of the city engineer doesn't materially affect the validity of the map. SECTION 38: That the list of sections in Chapter 20.36 of the Carisbad Municipal Code is amended to read as follows: 13 14 15 16 20.36.010 Purpose of chapter. 17 20.36.020 Applicability. 20.36.030 Application. 20.36.040 Decision-making authority. 19 20.36.050 Revised adjustment plat. 20.36.060 Conditions of approval. 20.36.070 Certification. 21 20.36.075 Announcement of decision and findings of fact. 20.36.080 Appeal of city engineer decision. 22 22 SECTION 39: That Sections 20.36.030 through 20.30.040 of the Carisbad 24 Municipal Code are amended to read as follows: 25 20.36.030 Application. A. An application for an adjustment plat may be made by the owner of the property 26 affected or the authorized agent of the owner. The application shall: 1. Be made in writing on a form provided by the city engineer; 27 2. State fully the circumstances and conditions relied upon as grounds for the application; and 28 -31- 3. Be accompanied by adequate plans, a legal description of the property 1 involved, data specified by this titie and all other materials as specified by the city engineer. B. At the time of filing the application, the applicant shall pay the application fee 2 contained in the most recent fee schedule adopted by the city council. C. If signatures of persons other than the owners of property making the application ^ are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the city engineer and the city council. D. The city engineer shall not accept an adjustment plat for processing unless the 6 city engineer finds that: 1. The requirements of Title 19 of this code have been met; 7 2. The adjustment plat is consistent with the provisions of Titie 21 of this code and that all approvals and permits required by Titie 21 for the project have been given or issued. 20.36.040 Decision-making authority. A. The city engineer shall approve the adjustment plat if the city engineer finds that 10 the request complies with the requirements of this chapter. 11 SECTION 40: That Section 20.36.070 of the Carisbad Municipal Code is 1^ amended to read as follows: 13 20.36.070 Certification 14 A. If the city engineer determines that the adjustment plat meets all the requirements of the municipal code and that any conditions imposed have been satisfied, 15 he/she shall certify on the adjustment plat that it has been approved pursuant to this chapter, notify the city planner and file it in the engineering department. The city engineer shall cause to 16 be filed with the county recorder a certificate of compliance, having as an attachment a copy of the approved adjustment plat. 1^ B. In addition to the procedures established by subsection (a) of this section, a lot line adjustment may be effectuated by the recordation of the deed or record of survey; provided, however,-that such deed _Dr_ record of survey shall not be recorded unless it contains a certification by the city engineer that all the requirements of this chapter and any condition imposed pursuant to this chapter have been satisfied and further provided that a copy of the 20 adjustment plat shall be attached to the deed or record of survey, 21 SECTION 41: That Section 20.36.075 is added to the Carlsbad Municipal 22 Code as follows: 20.36.075 Announcement of decision and findings of fact, A. When a decision on an adjustment plat is made pursuant to this chapter, the decision-making authority shall announce its decision and findings in writing. B. The announcement of decision and flndings shall include: 1. A statement that the adjustment plat is approved, conditionally approved, 26 or denied; 2. The facts and reasons which, in the opinion of the decision-making 27 authority, make the approval or denial of the adjustment plat necessary to carry out the provisions and general purpose of this title; 28 3. Such conditions and limitations that the decision-making authority may impose in the approval of the adjustment plat. , -32- 18 19 25 C. The announcement of decision and findings shall be mailed to: 1 1. The owner of the subject real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the engineering division. 2 ^ SECTION 42: That Section 20.36.080 of the Carisbad Municipal Code is 4 amended to read as follows: ^ 20.36.080 Appeal of city engineer decision. 6 The city engineer's approval or denial of a final map may be appealed to the city council, subject to the same requirements for appeals of planning commission decisions specifled in 7 Section 21.54.150 of this code. 8 SECTION 43: That the list of sections in Chapter 20.40 of the Carisbad 9 Municipal Code is amended to read as follows: 10 20.40.010 Reversions to acreage by flnal map. 20.40.020 Application. 11 20.40.030 Data for reversion to acreage. 20.40.040 Notices and hearings. 12 20.40.050 Decision-making authority. 20.40.055 Required findings. 20.40.060 Conditions of approval 4 20.40.065 Announcement of decision and findings of fact. 20.40.070 Return of fees and deposits—Release of securities. 15 20.40.080 Delivery of final map. 20.40.090 Effect of filing reversion map with the county recorder. 23 24 SECTION 44: That Sections 20.40.010 through 20.40.050 of the Carlsbad Municipal Code are amended to read as follows: 16 17 18 20.40.010 Reversions to acreage by flnal map. 19 A. Subdivided property may be reverted to acreage pursuant to the provisions of this chapter. 20 20.40.020 Application. 21 A. The city council, on its own motion, may by resolution initiate proceedings to revert property to acreage and direct the city engineer to obtain the necessary information to initiate and conduct the proceedings; or B. An application to revert subdivided property to acreage may be made by the owner ofthe property affected or the authorized agent ofthe owner. The application shall: 1. Be made in writing on a form provided by the city engineer; 2. State fully the circumstances and conditions relied upon as grounds for 25 the application; and 3. Be accompanied by all data specifled in Section 20.40.030 of this Chapter 26 and all other materials as specified by the city engineer. C. At the time of filing the application, the applicant shall pay the application fee 27 contained in the most recent fee schedule adopted by the city council. D. If signatures of persons other than the owners of property making the application 28 are required or offered in support of. or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of -33- 3 their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the city engineer and the city council. E. The city engineer shall not accept an application to revert subdivided property to 2 acreage for processing unless the city engineer finds that: 1. The requirements of Title 19 of this code have been met; 2. The application to revert subdivided property to acreage is consistent with 4 the provisions of Title 21 of this code and that all approvals and permits required by Titie 21 for the project have been given or issued. 5 20.40.030 Data for reversion to acreage. 6 A. Applicants for a reversion to acreage shall file the following: 1. Evidence of titie to the real property; and 7 2. Evidence of the consent of all of the owners of an interest(s) in the property; or 3. Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record or within 9 the time allowed by agreement for completion of the improvements, whichever is later; or 4. Evidence that no lots shown on the final or parcel map have been sold 10 within five years from the date such final or parcel map was filed for record; or 5. A tentative map in the form prescribed by Chapter 20.12 of this titie; or 11 6. A final map in the form prescribed by Chapter 20.20 of this titie which delineates dedications which will not be vacated and dedications required as a condition to reversion. 12 13 14 20.40.040 Notices and hearings. A. Notice of the public hearing for an application to revert subdivided property to acreage shall be given pursuant to Section 21.54.060 and 21.54.061 of this code. j5 B. Failure by any person to receive notice specified in this section shall not invalidate any action taken pursuant to this title. 16 20.40.050 Decision-making authority. 17 A. The city council shall have the authority to approve, conditionally approve or deny a reversion of subdivided-property to-acreage based upon its review of the facts as set 18 forth in the application if one is required and submitted pursuant to this chapter, the circumstances of the particular case, and evidence presented at a public hearing. 19 B. The city council may approve or conditionally approve the reversion of subdivided property to acreage if all of the findings of fact in Section 20.40.055 of this chapter 20 are found to exist. 21 SECTION 45: That Section 20.40.055 is added to the Carisbad Municipal 22 Code as follows: 23 20.40.055 Required findings. 24 A. The city council may approve a reversion to acreage only if it finds and records in writing that: 25 1. Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage re unnecessary for present or prospective public purposes, and 26 2. Either: a. All owners of an interest in the real property within the subdivision 27 have consented to reversion, or 28 3CP b. None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or 2 c. No tots shown on the final or parcel map were filed for record. ^ SECTION 46: That Section 20.40.060 of the Carisbad Municipal Code is 4 amended to read as follows: 5 20.40.060 Conditions of approval. 6 A. The city council shall require as a condition of the reversion: 1. The dedication or offer of dedication necessary for the purposes specified 7 by this title following reversion; 2. The retention of all or a portion of previously paid subdivision fees, 8 deposits or improvement securities if the same are necessary to accomplish any of the provisions of this title. 9 10 11 SECTION 47: That Section 20.40.065 is added to the Carisbad Municipal Code to read as follows: 20.40.065 Announcement of decision and findings of fact. 12 A. When a decision on a reversion to acreage is made pursuant to this chapter, the city council shall announce its decision and findings by formal resolution. B. The announcement of decision and findings shall include: 1. A statement that the tentative map is approved, conditionally approved, or denied; j5 2. The facts and reasons which, in the opinion of the city council, make the approval or denial of the reversion to acreage necessary to carry out the provisions and general 16 purpose of this titie; 3. Such conditions and limitations that the city council may impose in the 17 approval of the reversion to acreage. _ -C- - The announeemeMof decision aTid-findings shall-be-mailed^^^t^ - 18 1. The owner of the subject real property or the owner's duly authorized -agentrthe subdividerand/or the subdivider's representative aHhe address or addresses shown 19 on the application filed with the planning division; 2. Any person who has filed a written request for a notice of decision. SECTION 48: That the list of sections in Chapter 20.44 of the Carisbad Municipal Code is amended to read as follows: 20 21 22 20.44.010 Purpose. 23 20.44.020 Requirements. 20.44.030 General standard. 24 20.44.040 Standards and formula for dedication of land. 20.44.050 Standards for fees in lieu of land dedication. 25 20.44.060 Determination of land or fee.20.44.070 Reserved. 20.44.080 Amount of fee in lieu of land dedication. 26 20.44.090 Limitation on use of land and fees. 20.44.100 Time of commencement of facilities. 27 _^ 20A4J.1i) _ ^^ Alternate procedure—Planned community projects. 20.44.120 Exemptions. 28 20.44.130 Credits against fee or land. •35- Average no. of persons per dwelling unit (based 3 park acres per 1,000 X Total number of on most recent federal census) population dwelling units 1 SECTION 49: That Sections 20.44.040 through 20.44.070 of the Carisbad 2 Municipal Code are amended to read as follows: 3 20.44.040 Standards and formula for dedication of land. . A. If the decision-making authority for the tentative map or tentative parcel map determines that a park or recreational facility is to be located in whole or in part within the 5 proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, at the time of the filing of the final or parcel map, dedicate land 6 for such facility pursuant to the following standards and formula: The formula for determining acreage to be dedicated shall be as follows: 7 8 Q The total number of dwelling units shall be the number permitted by the city on jQ the property in the subdivision at the time the final map or parcel map is filed for approval, less any existing residential units in single-family detached or duplex dwellings. The park land 11 dedication requirement will be reviewed annually effective July 1, and adjusted as necessary by resolution of the city council to reflect the latest federal census data. 12 20.44.050 Standards for fees in lieu of land dedication. 13 A. If the decision-making authority for the tentative map or tentative parcel map determines that there is no park or recreational facility to be located in whole or in part within the 14 proposed subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 20.44.040 and in an amount determined in 15 accordance with the provisions of Section 20.44.080 B. if the proposed subdivision contains fifty parcels or less, only the payment of fees 16 shall be required except that when a condominium project, stock cooperative, or community apartment project exceeds fifty dwelling units, dedication of land may be required 1^ notwithstanding that the number of parcels may be less than fifty. C. If the decision-making authority for the tentative map or tentative parcel map requires the subdivider to dedicate land and the amount of land is less than would otherwise be required by Section 20.44.040 for that subdivision, a fee equal to the value of the land which would otherwise have been required shall be paid. 2Q D. If fees are required, they shall be paid by the subdivider prior to the issuance of building permits for the subdivision or prior to the sale of the subdivided property, whichever 21 occurs first. If building permits are issued for a portion of the subdivision or if a portion of the subdivision is sold, only the corresponding portion of the fees shall be paid. The subdivider's 22 obligation to pay the fees shall be noted on the final map. ff fees are required, the subdivider shall agree to pay them in accordance with this chapter. The agreement shall be secured in 23 accordance with Section 20.16.070 of this code. The city manager is authorized to sign such agreements on behalf of the city. 24 20.44.060 Determination of land or fee. 25 A. Whether the decision-making authority for the tentative map or tentative parcel map requires land dedication or elects to accept payment of a fee in lieu thereof, or a 26 combination of both, shall be determined by the decision-making authority at the time of approval of the tentative map or tentative parcel map. In making that determination, the decision-making authority shall consider the following: 1. Park and recreation element of the general plan; -36- 18 2. Topography, geology, access and location of land in the subdivision 1 available for dedication; 3. Size and shape of the subdivision and land available for dedication; 2 4. The feasibility of dedication; 5. Availability of previously acquired park property. B. The determination of the city council as to whether land shall be dedicated, or ^ whether a fee shall be charged, or a combination thereof, shall be final and conclusive. 5 20.44.070 Reserved. 6 SECTION 50: That Section 20.44.130 of the Carlsbad Municipal Code is 7 amended to read as follows: 20.44.130 Credits against fee or land. A. Whenever a subdivider provides park and recreational improvements, including 9 equipment, to dedicated land, the value of the improvements or equipment as determined by the city council shall be a credit against the fees to be paid or land to be dedicated pursuant to this 10 chapter; provided, that the improvements or equipment have been done or installed with the prior approval and to the satisfaction of the director of parks and recreation.. 11 B. Whenever a subdivider of a planned development, real estate development, stock cooperative, community development project or condominium, as defined in Sections 1^ 11003, 11003.1, 11003.2, 11003.4, and 11004 of the Business and Professions Code and Section 783 of the Civil Code respectively, has provided active recreational areas within the boundaries of the subdivision in excess of that required by Chapter 21.45 of this code, the j4 subdivider may at the time the final or parcel map is submitted for approval request that the council give a credit of up to ten percent of the amount of fees to be paid or land to be dedicated 15 pursuant to this chapter for the value of the active recreation area. SECTION 51: That Section 20.48.010 of the Carlsbad Municipal Code is 16 17 amended to read as follows: 20.48.010 —Enforcement 18 A. Whenever the county assessor or the head of any city department finds that the provisions of this titie or of the Subdivision Map Act have been violated, he shall report such 19 violation to the city planner, the housing and neighborhood services director and the city engineer. It shall be the duty of the city engineer to investigate such report and enforce the 20 provisions of this title and the Subdivision Map Act. 21 SECTION 52: That Section 20.48.030 of the Carlsbad Municipal Code is 99 amended to read as follows: 93 20.48.030 Development permits and approvals withheld. 2^ A. The city or any other responsible agency shall not issue or grant building, grading or any other permit, or any approval necessary to develop any real property which has been 25 divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or city ordinances enacted pursuant thereto applicable at the time such division 26 occurred unless the decision-making authority for the building, grading, or any other permit, finds that development of such real property is not contrary to the public health or the public 27 safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is 28 either the current owner of record or vendee of the current owner of record pursuant to a •37- 1 3 13 contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of his interests in such real property. B. All applications for permits or approvals necessary for the development of real 2 property shall be reviewed by the city engineer, who shall determine whether the real property has been subdivided or has resulted from a division in violation of the Subdivision Map Act or city ordinances enacted pursuant thereto. The engineer shall also make such a determination 4 upon a receipt of a written request from the owner of such real property or the vendee of the current owner of record pursuant to a contract of sale of the real property or upon receipt of 5 written notification of the authority or body responsible for granting a permit or approval. The city engineer may approve real property for development pursuant to subsection (a) and shall so 6 inform the owner or vendee thereof and the authority or body authorized to issue or grant the permit or approval for development. If it is determined that such real property is approved for 7 development, the city engineer may impose those conditions that would have been applicable to the division of the property and which had been established at such time by the Subdivision Map Act or city ordinances enacted pursuant thereto and are appropriate to satisfy public health and safety considerations and other considerations as are hereinafter specified unless the 9 applicant was the owner of record at the time of the initial violation in which event the city engineer may impose such conditions as would be applicable to a current division of property. If 10 a conditional certificate of compliance has been filed for record under the provisions of Section 20.48.040, only such conditions stipulated in that certificate shall be applicable. If real property 11 is approved for development the city engineer shall cause a certificate of compliance relative to the subject real property and reflecting any conditions of development to be filed with the county 1^ recorder pursuant to Section 20.48.040 of this chapter. C. In determining whether approval or conditional approval should be granted for development of real property divided or resulting from a division in violation of the Subdivision 24 Map Act or city ordinances enacted pursuant thereto, the city engineer or the city council shall give consideration to: j5 1. Whether the owner of the real property can rescind the agreement by which he acquired the real property and recover the consideration paid therefor; 16 2. Whether the real property meets the requirements of the applicable zoning regulations; 17 3. Whether the real property has a satisfactory potable water supply; 4. Whether the real property has legal access to a city or county maintained 18 road; 5. Whether the current owner would have been required to dedicate land for 19 any public purpose or construct or install any improvements pursuant to the terms of the Subdivision Map Act or city ordinances enacted pursuant thereto had the subdivision by which 20 the real property was created been submitted for approval at the time the current owner acquired the property. 21 D. Approval for development shall be granted for development of real property where improvements have been completed prior to the time a permit or grant of approval was required for development of the property, or for development of real property for which improvements have been completed in reliance on a previous permit or grant of approval for development, unless the city engineer finds that development is contrary to the public health or safety. E. Whenever any person submits an application for a building or any other permit 25 for proposed construction of more than one main building as deflned in Titie 21 on any single lot or building site, the city engineer shall determine whether such proposed construction would 26 create a subdivision. The permit for such proposed construction shall not be issued unless the city engineer has approved the plot plan and determined that the proposed construction would 27 not constitute a violation of the Subdivision Map Act or this title. F A request for development approval or a certificate of compliance shall be 28 accompanied by a fee established by city council resolution. -38- 22 23 24 5 6 7 8 9 10 11 12 13 14 15 SECTION 53: That Section 20.48.050 of the Carisbad Municipal Code is amended to read as follows: 20.48.050 Appeal. A. Decisions on actions of the city engineer made pursuant to this chapter shall ^ become effective unless appealed and processed in the same manner as the appeal of city planner decisions pursuant to the provisions of Section 21.54.140 of this code. // // // // // // // // // // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 II 25 // 26 // 27 // 28 -39- ' ^ EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; 2 and the city clerk shall certify the adoption of this ordinance and cause the a summary of the 2 ordinance prepared by the City Attorney to be published at least once in a newspaper of general ^ circulation in the City of Carisbad within fifteen days after its adoption. 5 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City 6 Council on the day of , 2012, and thereafter, 7 8 /// 9 /// 10 /// 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /// /// /// /// /// /// /// /// /// /// /// /// /// /// 26 III 27 /// 28 -40- 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 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the day of , 2012, 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 -41- 4 EXHIBIT 2 TITLE 20 DECISION MAKING — MCA 12-02 PROJECT BACKGROUND AND ANALYSIS OF PROPOSED TEXT AMENDMENTS (CITY OF CARLSBAD MUNICIPAL CODE TITLE 20) BACKGROUND As a result of the business forum hosted by the City Council in the spring of 2009, staff designed and engaged in a public outreach program to elicit and clarify input from the development community about potential improvements to the city's development review process. In July 2009, the DRP Working Group was formed, which consisted of six city management staff members directly involved in the development review process and eleven citizens representing a cross-section of the development community. The eleven citizens included planners, engineers, architects, builders, the Building Industry Association, and the Carlsbad Chamber of Commerce. The purpose of the DRP Working Group was to identify ways to improve the efficiency of and user experience with the development review process. To achieve this purpose the DRP considered approaches such as reducing redundancy and ambiguity, eliminating unnecessary steps, decreasing city and applicant costs and decreasing processing times. In November 2009, the DRP Working Group's Summary Recommendations Report was presented to City Council at a City Council Workshop. At that workshop City Council directed staff to implement the nine initiatives identifled by the DRP Working Group. The proposed amendments to the Subdivision Ordinance complete implementation of two of the nine initiatives identifled by the DRP Working Group. ANALYSIS The proposed amendments to the Subdivision Ordinance are summarized and analyzed as follows: A. DRP Working Group initiative 1—Permit Process Consistency: As described in the DRP Working Group's Summary Recommendations Report, amendments proposed under this category will provide for "increased consistency of the development permit process and enhanced entitlement protection by processing all development permit approvals and extensions in the same manner." To implement this initiative, the Subdivision Ordinance (Carisbad Municipal Code Title 20) is proposed to be amended to ensure all development permit processes are consistent with the following: 1. Notice of administrative permits. Administrative permits (e.g., tentative parcel maps) will require that, at least 10 calendar days prior to a decision on the application, a written notice be provided to property owners within 300 feet of the project site and others who request a notice. If a request for a hearing is filed with the City Planner within ten calendar days of the date of the notice, the City Planner will schedule an administrative hearing. EXHIBIT 2 2. Notice of public hearings. All permits that require a public hearing before the Planning Commission and/or City Council (e.g. tentative maps) will require that, at least 10 calendar days prior to the public hearing, a written notice be provided to property owners within 600 feet of the project site and others who request a notice. 3. Time Extensions: For all permits, the City Planner will be authorized to grant no more than three, two-year extensions, for a total cumulative time extension of six years; except however, any permit or approval issued in conjunction with the approval of a tentative map or tentative parcel map shall be extended for the same period of time that a tentative map or tentative parcel map may be extended pursuant to Carlsbad Municipal Code Title 20 (Subdivisions). All project related permits or approvals, which were granted concurrently, shall be extended to expire concurrently. 4. Amendments: Amendments to permits shall be acted upon by the decision-making authority that originally approved the permit; however, if the City Council approved the original permit, the Planning Commission shall have the authority to act upon tiie amendment. Note: minor changes to projects (e.g., changes that do not increase density, rearrange major land uses, create changes greater than 10%, nor result in a significant environmental impact) may be approved by the City Planner pursuant to the Planning Division's consistency determination policy. 5. Announcement of Decision. The proposed amendments will clarify the requirements to provide a written announcement of decisions made on permits; written announcements shall be mailed to the property owner, applicant, anyone who requested a hearing, and others who request to be notified. B. DRP Working Group Initiative 4—Decision-Making Levels: As described in the DRP Working Group's Summary Recommendations Report, amendments proposed under this category will "streamline the discretionary permit approval process by reassigning approval authority to the lowest appropriate decision-making authority." 1. Decision-making levels: To implement this initiative, staff analyzed the decision-making authority for all permits required by the Subdivision Ordinance and determined which permits it is appropriate to propose a lower decision-making authority than currently required. A summary of the proposed changes to decision-making authority is provided in Figure 1 as follows: H5 EXHIBIT 2 FIGURE 1 SUMMARY OF PROPOSED CHANGES TO LEVEL OF DECISION-MAKING AUTHORITY (CITY OF CARLSBAD MUNICIPAL CODE TITLE 20) LEGEND X = Existing decision-making authority • = Proposed decision-making authority Ret # Chapter Section Permit/Action City Council Declsio Planning Commission n-Making City Engineer Authority City Planner Other 1 20.04—General Regulations 20.04.140 Release of covenant of easement X • 2 20.12—Major Subdivisions— Procedure 20.12.090 Approval of a tentative map of more than fifty lots X • 3 20.12—Major Subdivisions— Procedure 20.12.120 Amendment to an approved tentative map approved by City Council X • 4 20.16—Final Map Requirements 20.20.020 Approval of a final map X • 5 20.22— Environmental Subdivisions 20.22.030 Environmental subdivisions X • 6 20.24—Minor Subdivision- Procedure 20.24.120 Tentative parcel map X •* * Although the proposed change reflects a modification from one administrative decision-making authority to another (i.e. from City Engineer to City Planner), it is proposed to improve the efficiency of processing development projects. D. Other Miscellaneous Changes: In addition to the amendments described above, staff is also proposing amendments to the Subdivision Ordinance that will reduce redundancy by updating the Subdivision Ordinance for consistency with state regulations. EXHIBIT 3 TITLE 20 DECISION-MAKING MCA 12-02 PROPOSED TEXT CHANGES TO THE SUBDIVISION ORDINANCE (TITLE 20) SHOWN IN STRIKETHROUGH/UNDERLINE FORMAT AMENDMENTS TO CHAPTER 20.04 GENERAL REGULATIONS List of Sections in Chapter 20.04 20.04.010 Title. 20.04.020 Definitions. 20.04.030 Prohibition. 20.04.040 Application of Subdivision Map Act. 20.04.050 Extent of regulations. 20.04.055 Merger. 20.04.056 Unmerger. 20.04.057 Request for determination of merger. 20.04.060 Arivir.nry ngoncy dosionationResen/ed. 20.04.070 Environmental impact review. 20.04.080 Soil reports. 20.04.090 Reservations. 20.04.100 Corrections and amendments. 20.04.110 Security for the payment of taxes and special assessments; release. 20.04.120 Designated remainder parcel. 20.04.130 Consideration of housing needs. 20.04.140 Covenants for easement. Section 20.04.020 20.04.020 Definitions. A, Words used in this titie that are defined in the Subdivision Map Act but not specifically defined in this chapter shall have the same meaning as is given to them in the Subdivision Map Act. Whenever the following words are used in this titie, they shall have the meaning ascribed to them in this section: (1.) "Adjustment plat" means a plat prepared pursuant to Chapter 20.36 of this titie and certified by the city engineer as having been approved pursuant to this titie and filed in the office ofthe city engineer. (2.) "Bicycle" means a device upon which any person may ride, propelled by human power through a belt, chain or gears, and having either two or three wheels in a tandem or tricycle arrangement. (3.) "Bicycle route" means the generic term for all facilities that explicitly provide for bicycle travel by a course which is to be traveled. Page 1 EXHIBIT 3 (4). "Cable television lines" means electronic cable, conduit and any other appurtenances thereto which distribute television or other electronic signals. (5J "Conditional certificate of compliance" means a document describing a unit or contiguous units of real property and stating that the fulfillment and implementation ofthe conditions set forth therein are required prior to subsequent issuance of a building or grading permit applicable thereto. (6) . "Certificate of compliance" means a document describing a unit or contiguous units of real property and stating that the division thereof complies with applicable provisions of the Subdivision Map Act and city ordinances enacted pursuant thereto. (7) . "City standards" means those standards and specifications, including standard drawings, as may be adopted from time to time by the city engineer. These standards are to be on file in the office of the city clerk and in the engineering department. 8. "Development permit" means anv permit, entitlement or approval required pursuant to Titles 20 or 21 of this code, or pursuant to anv applicable master, specific, or redevelopment plan. (89). "Final map" means a map prepared pursuant to Chapter 20.20 of this title and the Subdivision Map Act which, after approval and recordation, is effective to complete the subdivision of a major subdivision. (910). "Improvement" means: (A}a. Such street work and utilities, including ornamental street lights and walkways to be installed or agreed to be installed by the subdivider on land to be used for public or private streets, highways, ways, bicycle routes and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic, drainage, flood control, flre protection and sanitation needs as a condition precedent to the approval of a parcel map or flnal map; (S)b. Any other speciflc improvements or types of improvements, the installation of which, either by the subdivider, by public agencies, by private utilities, by any other entity approved by the city council or by a combination thereof, is necessary to ensure conformity to or implementation of the general plan, any speciflc plan, any applicable local coastal plan or any applicable master plan adopted according to this title. (40)11. "Interior lot" shall have the same deflnition as specifled bv Section 21.04.230 of this code.moans a lot which has side lot lines approximatoly parallel and has frontage on only ono street. (44)—"Lot" means lot, parcel or tract of real property. (42)—"Lot area" means the horizontal area within the boundary lines of a lot oxolusive of: (A) The area of any street right of way or road easement; Page 2 4% EXHIBIT 3 (B) Any flood control easement or walkway which, as a condition of approval ofthe subdivision map on which the lot is shown, must be fenced; and (G) Any portion of the lot which is less than thirty flve feet wide for a distance of fifty feet or more and which is designated or used to provide vehicular or pedestrian access to the part of such lot which is designed for use as a building site. (4^12. "Major subdivision" means a subdivision of five or more lots. (44^13. "Minor subdivision" means a subdivision of four or fewer lots. (45)14,"Notice of violation" means a recorded document describing a unit or contiguous units of real property, naming the owners thereof, and describing the manner in which the real property has been divided, or has resulted from a division in violation of the Subdivision Map Act and city ordinances enacted pursuant thereto. (4^15. "Parcel map" means a map prepared pursuant to Chapter 20.32 of this title and the Subdivision Map Act which, after approval and recordation, is effective to effect the subdivision of a minor subdivision. (47) 16. "Street" means a state highway, county or city road or street, public road, street, alley or thoroughfare. (48) 17. "Subdivider" means a person, flrm, corporation, partnership or association who proposes to divide, divides, or causes to be divided real property into a subdivision for himself/herself or for others, except that employees and consultants of such persons or entities, acting in such capacity, are not "subdividers." ^4^18. "Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or flnancing, whether immediate or future except for leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision" includes a condominium project as deflned in Section 1351 of the Civil Code, a community apartment project, as deflned in subdivision (d) of Section 1351 of the Civil Code, or the conversion of flve or more existing dwelling units to a stock cooperative, as deflned in subdivision (m) of Section 1351 of the Civil Code. Any conveyance of land to a governmental agency, public entity or public utility shall not be considered a division of land for purposes of computing the number of parcels. (20)—Reserved. (24)19^"Tentative map" means a map prepared for the purpose of showing the design and improvement of a proposed major subdivision, and the existing conditions in and around it, tiled with the plannino commissioncitv planner precedent to the preparation and tiling of a flnal map^ whish-and mav. but need not be^ based upon an accurate and detailed flnal survey of the property. (22)20,"Tentative parcel map" means a map prepared for the purpose of showing the design and improvement of a proposed minor subdivision, and the existing conditions in and around it. tiled with the citv enaineercitv planner for approval or conditional Page 3 EXHIBIT 3 approval prior to the preparation and tiling of a parcel map or prior to waiver of the requirement for a parcel map, and-which may^ but need not be^ based upon an accurate and detailed flnal survey of the property. (23) 21. "Through lot" means a lot having frontage on two parallel or approximately parallel streets. (24) 22,"Vesting tentative map" means a tentative map for a subdivision which conforms to the requirements of Chapter 20.17 and confers upon the subdivider certain rights established by this titie. "Vesting tentative parcel map" means a vesting tentative map prepared in conjunction with a parcel map." Section 20.04.040 20.04.040 Appiication of Subdivision Map Act (a)A, Except as otherwise expressly provided in this title, all of the provisions of the Subdivision Map Act^ which apply to subdivisions as deflned in that act and all of the provisions of this title^. apply to subdivisions as deflned in this title. (b) B. This titie shall be inapplicable to: (1). The flnancing or leasing of: a. aApartments. offices, stores or similar space within a duplex, multiple dwelling, apartment building, industrial building, commercial building, mobile home park or trailer park^T b. or to aAny parcel of land or portion thereof in conjunction with the construction of commercial or industrial buildinos on a sinqle parcel, unless the project is not subject to review under other provisions of this code reoulatinq desiqn and improvement.v c^_ef4e-eExisting separate commercial or industrial buildings on a single parcel; 2. The construction, flnancing or leasinq of dwelling units and second dwellinq units pursuant to California Government Code Sections 65852.1 and 65852.2. respectively. This title shall be applicable to the sale or transfer of those units. (23). Mineral, oil or gas leases; (34). Land dedicated for cemetery purposes under the Health and Safety Code of the state; (45). A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels tiien-than originally existed is not thereby created, provided an adjustment plat pursuant to Chapter 20.36 of this title for the lot line adjustment is approved by the city enqineerplanner: (§6). Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party; Page 4 30 EXHIBIT 3 (§) Leases of agricultural land for purposes of cultivation of food or flber or the grazing or pasturing of livestock; (7) . Any separate assessment under Revenue and Taxation Code Section 2188.7; (8) . Unless a parcel or flnal map was approved bv the oitv councilengineer. tThe conversion of a community apartment project or a stock cooperative, as defined in Section 1351 ofthe California Civil Code, to a condominium, as defined in Section 783 of the California Civil Code, provided that the requirements of California Government Code Section 66412(g) or (h). respectively, of the State Government Code have been met and the subdivider provides certification that the requirements have been met; (9) . The leasing of^. or the granting of an easement to, a parcel of land or any part thereof, in conjunction with the financing, erection, and sale or lease of any wind powered electrical generating device on the land, if the project is not otherwise subject to discretionary feview-action pursuant to this code; (40)—Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock; (4410). The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to. antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action bv the advisory agency or legislative bodvpursuant to this code. 11. The leasing of or the granting of an easement to. a parcel of land, or anv portion or portions thereof in coniunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the proiect is subiect to review pursuant to other provisions of this code that regulate design and improvement or. if the proiect is subiect to discretionary action pursuant to this code. 12. The leasing of or the granting of an easement to. a parcel of land or any portion or portions of the land in coniunction with a biogas proiect that uses, as part of its operation, agricultural waste or byproducts from the land where the proiect is located and reduces overall emissions of greenhouse gases from agricultural operations on the land, if the proiect is subiect to review pursuant to other provisions of this code regulating design and improvement or if the proiect is subiect to discretionary action pursuant to this code. (4013.^Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock: Page 5 s EXHIBIT 3 14. Leases of agriculturally zoned land to nonprofit organizations for the purpose of operating an agricultural labor housing proiect on the property if all of the following conditions apply: a. The property to be leased shall not be more than five acres. b. The lease shall be for not less than 30 years. c. The lease shall be executed prior to January 1. 2017. Section 20.04.060 through 20.04.080 20.04.060 Advisory agency desiqnationReserved. (a) The planning commission is the advisory agency, as that term is used in the Subdivision Map Act, for major subdivisions. The planning commission may prescribe, subject to the approval of the city council, such additional rules and regulations as are necessary or advisable with respect to the form and content of tentative maps required by the Subdivision Map Act or this title and the data to be furnished with such tentative maps. (b) The city engineer is the advisory agency, as that term is used in the Subdivision Map Act, for minor subdivisions, lot line adjustments pursuant to Chapter 20.36 and certificates of compliance. The city engineer may prescribe, subject to the approval of the city council, such additional rules and regulations as are necessary or advisable with respect to the form and content of tentative parcel maps required by this title. 20.04.070 Environmental impact review. (a)A, All tentative maps and tentative parcel maps shall be subject to environmental review in accordance with Title 19 of this code and the rules and procedures adopted by the city council pursuant to the California Environmental Quality Act of 1970. Consequently, unless exempt from CEQA decisions to approve, conditionally approve or deny any tentative map or tentative parcel map shall be subject to the following: (1)^ Tentative Maps. (A) a^ Negative Declaration. Upon receipt of a negative declaration with respect to any tentative map, the planning commission and the oitv oouncildecision-makinq authority may proceed to consider the tentative map without an environmental impact report. (B) b, Environmental Impact Report. With respect to any tentative map for which an environmental impact report is required, the planning commission and the city seuRsUdecision-makinq authority shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative map. (2)^ Tentative Parcel Maps. Page 6 EXHIBIT 3 (A) a, Negative Declaration. Upon receipt of a negative declaration with respect to any tentative parcel map, the city engineer or. on appeal, the oitv oouncildecision- makinq authority may proceed to consider the tentative parcel map without an environmental impact report. (B) b, Environmental Impact Report. With respect to any tentative parcel map for which an environmental impact report is required, the city engineer or, on appeal, the oitv councildecision-making authority shall consider such report as independent evidence in determining whether to approve, conditionally approve, or disapprove the tentative parcel map. (b)B, An application for approval of a subdivision shall not be complete, pursuant to Section 65943 of the California Government Code, until after the environmental review for such subdivision has been accomplished. 20.04.080 Soils reports. (a)A, A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate test borings, shall be submitted to the appropriate official or body for every subdivision. (b) B, A preliminary soils report may be waived by the city engineer providing the city engineer finds that, due to the knowledge the city has as to the soils qualities of the soils in the subdivision, no preliminary analysis is necessary. (G)C, The preliminary soils report may be submitted to the citv planner and forwarded to the city engineer for review. The city engineer may review the preliminary soils report and may-require additional information or reject the report if it is found to be incomplete, inaccurate, or unsatisfactory. (d) D, If the city has knowledge of, or the preliminary soils report indicates, the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the city engineer. (e) E, ff the preliminary soils report indicates the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel, and ductile or cast iron to corrode or deteriorate, a soils investigation of each potentially affected lot in the subdivision may be required. (f) F, Any soils investigation required pursuant to this section shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where the soils problem exists. G^ ^The oitv council or citv ongineerdecision-making authority may approve the subdivision or portion thereof where such soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and a condition to the issuance of any building permit may require that the approved recommended action be incorporated in the construction of each structure. Page 7 EXHIBIT 3 Section 20.04.120 through 20.04.140 20.04.120 Designated remainder parcel. (a)A, When a subdivision, as defined in Section 20.04.020, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing. ff the subdivider elects to designate a remainder or omit entirely that portion, the following requirements shall apply: (1) . The designated remainder or omitted portion shall not be counted as a parcel for the purpose of determining whether a parcel or final map is required. (2)^ The fulfillment of construction requirements for improvements, including the payment of fees associated with any deferred improvements, shall not be required until a permit or other grant of approval for development of the remainder or omitted parcel is issued. Fulfillment of the construction requirements, including the payment of fees associated with any deferred improvements, within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of a remainder parcel may be required upon a finding by the citv councildecision-making authority that fulfillment of the construction requirements is necessary for reasons of (A) a, The public health and safety; or (B) b, The required construction is a necessary prerequisite to the orderiy development of the surrounding area. (b)J3. A designated remainder or any omitted parcel is required to obtain a certificate of compliance or conditional certificate of compliance pursuant to the provisions of Chapter 20.48 of this code prior to any further development or sale of the parcel. (1)^ Prior to the issuance of a certificate of compliance or conditional certificate of compliance, the city engineer shall make a determination under Section 20.16.040(h) of this code whether improvements should be required for the designated remainder or omitted parcel. The improvement requirements may be imposed as a condition of the certificate of compliance. For the purposes of this title, a parcel designated as "not a part" shall be deemed to be a designated remainder parcel. 20.04.130 Consideration of housing needs. A In making decisions pursuant to this titie. the decision maker making authority shall consider the effect of that decision on the housing needs of the region and balance those needs against the public service needs of its residents and available fiscal and environmental resources. 20.04.140 Covenants for easement Page 8 EXHIBIT 3 (a)A, Whenever under the provisions of Titles 18, 20 or 21 of this code an easement is necessary or required for parking, ingress, egress, emergency access, light and air access, landscaping, drainage, private utilities, sewer/storm drain access or open space purposes, the easement may be created by a covenant pursuant to this section. (b) B, At the time of recording of the covenant of easement all the property benefited or burdened by the covenant shall be in common ownership. The covenant shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the Civil Code except that it shall not merge into any other interest in the real property. Section 1104 of the Civil Code shall be applicable to conveyance of the affected real property. The covenant of easement shall describe the real property subject to the easement and the real property benefited by the easement. The covenant of easement shall also identify the approval permit or designation granted which relied upon or required the covenant. (^C, A covenant of easement shall be enforceable by the owner of the real property benefited by the covenant, and by the successors in interest to the real property benefited by the covenant. The covenant of easement shall be recorded in the office of the county recorder. Upon recordation, the burdens of the covenant shall be binding upon and the benefits of the covenant shall inure to all successors in interest to the real property. (d) 0 The covenant of easement may be released upon the application of any person after a public hearing bv the planning commissionupon approval or conditional approval bv the citv engineer. Notice ofthe public hearing shall be given pursuant to Section 21.5^.060(1) of this code. The planning commission may authorize the city planner to record a release of the covenant if it determines that the restriction of the property is no longer necessary to achieve the land use goals of the city. An application for release of a covenant shall be accompanied by a fee in an amount designated by city council resolution. A request for release of a covenant of easement may be consolidated with any other application for discretionary approval under this code. (e) E. This section is adopted pursuant to Article 2.7 commencing with Section 65870 of Chapter 4 of Division 1 of Title 7 of the Government Code. AMENDMENTS TO CHAPTER 20.08 Fees Section 20.08.010 through 20.08.040 20.08.010 Tentative map fee. A ^A tentative map examination fee in an amount established by city council resolution shall be paid to the planning division at the time a tentative map is filed with the planning commissioncitv planner. 20.08.015 Tentative map appeal fee. A ^A tentative map appeal fee in an amount established by city council resolution shall be paid at the time an appeal is filed with the city eleri^planner. Page 9 EXHIBIT 3 20.08.020 Revised tentative map fee. A ^A revised tentative map examination fee in an amount established by city council resolution shall be paid to the planning division at the time that a revised tentative map is filed with the planning commissioncitv planner. An additional fee in an amount established by city council resolution shall be paid for the revision of a vesting tentative map. 20.08.030 Tentative map extension fee. A ^At the time of filing a request for the extension of a tentative map with the city engineerplanner. there shall be paid to the engineering department a tentative map extension processing fee equal to one-half of the fee prescribed in Section 20.08.010 for such tentative map. 20.08.035 Tentative map litigation stay fee. A ^At the time of filing a request for a stay with the citv engineercitv planner, there shall be paid the engineering department a litigation stay processing fee equal to one-quarter of the fee prescribed in Section 20.08.010 for such tentative map. 20.08.040 Final map fee. A ^At the time of filing a final map with the citv engineering department, there shall be paid to the engineering department an examination fee in an amount established by city council resolution. Section 20.08.060 through 20.08.090 20.08.060 Tentative parcel map fee. A ^At the time of submission of a tentative parcel map. there shall be paid to the ongineering department a tentative parcel map examination fee in an amount determined by the city council by resolution. 20.08.070 Parcel map fee. A. At the time of filing of a parcel map Tthe subdivider shall pay to the engineering department upon filing of the parcel map a processing fee in an amount determined by the city council by resolution. 20.08.080 Tentative parcel map extension fee. A ^At the time of filing a request for the extension of a tentative parcel map with the city ongineerplanner. there shall be paid to the engineering department a tentative parcel map extension processing fee in an amount determined by the city council by resolution. 20.08.090 Fees for adjustment plats. Page 10 EXHIBIT 3 A ^At the time of filing an adjustment plat, there shall be paid to tho engineering department an adjustment plat examination fee in an amount determined by the city council by resolution. Section 20.08.110 20.08.110 Fees for certificates of compliance. A ^At the time of filing any requests pursuant to this title intended to result in the issuance of a certificate of compliance, there shall be paid to the engineering department a fee in an amount determined by the city council by resolution, to cover the cost of making the required determinations pursuant to such request and the recording of any certificate of compliance resulting therefrom. Section 20.08.110(k) 20.08.140 Bridge crossing and major thouroughfares. (k) Notwithstanding the provision of subsection (j) of this section, payment of such fees shall not be required for: (1) The use, alteration or enlargement of an existing building or structure or the erection of one or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided, the total value, as determined by the community and economic development director, of all such alteration, enlargement or construction completed within any one-year period does not exceed one-half of the current market value, as determined by the community and economic development director, of all existing building on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by Section 501 of the Uniform Building Code; (2) The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings. AMENDMENTS TO CHAPTER 20.12 MAJOR SUBDIVISIONS—PROCEDURE List of Sections in Chapter 20.12 20.12.010 Tentative map required. 20.12.015 Application and time limits for processing. 20.12.020 Grading plan. 20.12.030 Preliminary titie report. 20.12.040 Size of map. 20.12.050 Information on map. Page 11 EXHIBIT 3 20.12.060 Supplemental information. 20.12.062 Conversion of mobile home parks. 20.12.065 Proof of notice—Major subdivisions. 20.12.070 City planner's duties. 20.12.080 Planning commission dutiesNotices and hearings. 20.12.090 City council actionDecision-makinq authority. 20.12.091 Required findings. 20.12.092 Required noticesAnnouncement of decision and findings of fact. 20.12.093 Appeal of planning commission decision Effective date and appeals. 20.12.100 Expiration of tentative maps. 20.12.110 Extension of tentative map. 20.12.120 Revised tTentative map amendment. 20.12.130 Vesting tentative maps. Section 20.12.010 through 20.12.015 20.12.010 Tentative map required. (a)A Any person proposing to create a major subdivision shall file a tentative map pursuant to this chapter with the city planner. The citv councilcitv engineer shall not approve a final map unless prior thereto a tentative map of the subdivision shown thereon shall have been filed with and reported on bv the planning commissionis approved pursuant to this chapter. Prior to filing a tentative map, the subdivider or his authorized agent shall confer with the city planner and the city engineer regarding the preparation of the map. A proposed tentative map may not be filed unless it conforms to the requirements of this chapter. (b) B, Where a parcel map is authorized for a major subdivision pursuant to the Subdivision Map Act or this title, the city engineer shall not approve such map unless prm thereto a tentative map of the subdivision shown thereon shall have been filed and reported on bv the planning commission and approved bv the oitv counoilis approved pursuant to this chapter. (s)0 Tentative maps shall be prepared and processed in accordance with the Subdivision Map Act and the provisions of this title. The subdivider shall file as many copies of the tentative map or other required information as the city planner may require. 20.12.015 Appiication and time limits for processing. A. An application for a tentative map mav be made bv the owner of the property affected orthe authorized agent ofthe owner. The application shall: 1. Be made in writing on a form provided bv the citv planner: 2. State fully the circumstances and conditions relied upon as grounds for the application: and 3. Be accompanied bv adeguate plans, a legal description of the property involved, data specified bv this title and all other materials as specified bv the citv planner. B. At the time of filing the application, the applicant shall pay the application fee Page 12 EXHIBIT 3 contained in the most recent fee schedule adopted bv the citv council. C. If signatures of persons other than the owners of property making the application are reouired or offered in support of or in opposition to. an application, they mav be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but thev shall in no case infringe upon the free exercise of the powers vested in the citv as represented bv the planning commission and the citv council. (a) All tentative maps shall be in the form and shall contain and be accompanied by the data specified by this title and by the rules and regulations approved by the city planner and the city council. (b) D. The city planner shall not accept a tentative map for processing or filing unless the city planner finds that: (1) . The requirements of Title 19 of this code have been met; (2) . The tentative map is consistent with the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued. E. All tentative maps shall be approved, conditionally approved or denied within the time limits specified bv this title and the Subdivision Map Act. 1. If the decision-making authority does not take action to approve, conditionally approve or deny the tentative map within the time limits specified bv this title or the Subdivision Map Act, the tentative map as filed shall be deemed to be approved, insofar as it complies with other applicable reguirements of this code and the Subdivision Map Act. (G)F, Notwithstanding the provisions of subsections ^D and E of this section, a tentative map may be processed concurrently with documents, other development permits or approvals reouired for the proiect, pursuant to or approvals reguired by Titles 19 or 21 of this code, if the applicantsubdivider for the tentative map first waives the time limits for processing, approving or conditionally approving or disapproving the tentative map established by this title or the Subdivision Map Act. Pursuant to the provisions of Chapter 19.04 of this code, a tentative map may be processed but shall not be deemed received complete until the environmental documents are completed. Section 20.12.062 through 20.12.120 20.12.062 Conversion of mobile home parks. A. At the time of filing a tentative map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report specified bv Section 66427.4 of the Government Code. B. If the provisions of Chapter 21.37 apply to the mobile home park, the report specified in subsection (a) of this section shall include the report specified bv Section 21.37.110(b)(3) of this code. C. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adeguate replacement space in mobile Page 13 EXHIBIT 3 home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park at least fifteen davs prior to the hearing on the map, ff Chapter 21.37 applies, the subdivider shall also provide ail notices reguired bv Section 21.37.120 of this code. The decision-making authority mav reguire the subdivider to take steps to mitigate anv adverse impact of the conversion on the ability of displaced mobile home park residents to find adeguate space in a mobile home park, and shall make all the findings reguired bv Section 21.37.120. D. When approving or conditionally approving a tentative map for conversion of a mobile home park, the decision-making authority shall do one ofthe following: 1. Mitigate anv significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adeguate space in a mobile home park by zoning additional land for mobile home parks: 2. Find that there is sufficient land zoned for mobile home parks or sufficient space available in other mobile home parks for the residents who will be displaced: 3. Reguire the subdivider to mitigate anv adverse impact pursuant to subsection (c): 4. Find that the mitigation reguired bv subsection (d)(1) and (d)(3) is not feasible. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. 20.12.065 Proof of notice—Major subdivisions. A ^Whenever the subdivider is required by this title or the Subdivision Map Act to give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof, sufficient to allow the planning commission or the city oounoil decision-making authority to find that the notice has been given or the reports or information provided. Such proof may include declarations under penalty of perjury. 20.12.070 City planner's duties. (a)A The city planner shall obtain for the planning commission the recommendation of the city engineer, the parks and recreation director, the fire chief or their authorized representatives with respect to the design of the proposed subdivision and the kind, nature and extent of the proposed improvements. Recommendations may also be obtained from Caltrans, the San Diego Coastal Commission, the office of Inter Governmental Managementaffected agencies and any other person affected by or interested in the proposed subdivision, if such recommendations are found to be necessary. (b) B. Within ten days after the filing of a tentative map, the city planner shall send notice of filing thereof with information about the location, number of units, density and any other information relevant to school districts to the governing board of any elementary, high school or unified school district within whose boundaries the proposed subdivision is located. Such governing board shall make a written report thereon to the city indicating the impact of the proposed subdivision and its recommendations within twenty working days after said notice was mailed, orthe governing board shall be deemed to have approved the proposed subdivision. Page 14 EXHIBIT 3 (€)C. The city planner shall prepare a staff report to the planning commission decision- making authority containing recommendations regarding the tentative map. A copy of the staff report and recommendations shall be furnished to the subdivider and to each tenant of the subject property in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project at least three days prior to any hearing or action on such map by the planning commission. (d)D, The city planner shall set the map for public hearing before the planning commission. 20.12.080 Planning commission duties.Notices and hearings. A. Notice of the public hearing for a tentative map application shall be given pursuant to Section 21.54.060 and 21.54.061 of this code. 1. If the proposed subdivision is a conversion of residential real property to a condominium proiect. community apartment proiect, or stock cooperative proiect. the notice shall also be given bv mail to each tenant of the subiect property and shall include notification of the tenant's right to appear and be heard. B. Failure by anv person to receive notice specified in this section shall not invalidate anv action taken pursuant to this title. The planning commission is authorized and directed to carry out the following actions: (4) Hold a public hearing on all tentative maps. Any interested person may appear at the hearing and shall be heard; (2) Investigate the design and improvements proposed for each subdivision on tho tentative map filed with it and at the conclusion of the hearing on the map; (A) Approve, conditionally approve or disapprove tho map for subdivisions of fifty or fewer lots or units, or (B) For subdivisions of more than fifty lots or units, make a report with respect to the design of the subdivision and the kind, nature and extent of tho proposed improvements to the city oounoil. (3) Whenever the planning commission approves,—conditionally approves or disapproves a tentative map, it shall take such action within the timo limit specified in the Subdivision Map Act and shall announce its decision by resolution. Any decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisiono of this title, of the kind, nature and extent of any improvements required to be constructed or installed in or to serve the subdivision. Any decision to disapprove a tentative map shall be accompanied by a finding, identifying the requirements or conditions which havo not been mot or performed. If the planning commission fails to act within the required time limit, the tentative map as filed shall be deemed approved, insofar as it complies with all applicable requirements of Titles 19. 20, 21 or other parts of this code. Page 15 EXHIBIT 3 (4) Whenever the planning commission reports on a tentative map, the commission shall make its report within the time limits specified in the Subdivision Map Act. The report shall include findings and recommendations on the findings required by the Subdivision Map Act. (§) Whenever the planning commission approves or conditionally approves or recommends approval or conditional approval of a tentative map. it shall also establish or recommend, pursuant to the provisions of this title, the kind, nature and extent of the improvements to be constructed or installed in or to serve the subdivision for which such tentative map is filed; provided, however, where the planning commission does not prescribe the kind, nature or extent of the improvements to be constructed or installed, improvements shall be constructed and installed in accordance with the city standards. (6) Whenever the planning commission approves or conditionally approves a tentative map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of fees under any of the provisions of Sections 20.08.130 or 20.08.1^0; Chapter 20.09; or Sections 20.16.0^1. 20.16.0^2 or 20.16.043, the map shall be fon/varded to the city council which shall hold a public hearing on the issue of the improvements. 20.12.090 Citv council action^Decision-making authority. A. The planning commission shall have the authority to approve, conditionally approve or deny a tentative map based upon its review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at a public hearing. B. The planning commission shall hear the matter, and mav approve or conditionally approve the tentative map if all of the findings of fact in Section 20.12.091 of this chapter are found to exist. 1. Whenever the planning commission approves or conditionally approves a tentative map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of fees under any of the provisions of Sections 20.08.130 or 20.08.140: Chapter 20.09: or Sections 20.16.041, 20.16.042 or 20.16.043, the map shall be fon/varded to the citv council, which shall hold a public hearing on the issue of the improvements. 2. Anv decision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this title, of the kind, nature and extent of anv improvements required to be constructed or installed in or to serve the subdivision. However, where the planning commission does not prescribe the kind, nature or extent of the improvements to be constructed or installed, improvements shall be constructed and installed in accordance with the citv standards. C. Anv decision to disapprove a tentative map shall be accompanied by a finding, identifying the reguirements which must be met or performed. (a) When a report on a tentative map is filed with the city clerk, the clerk is directed, unless otherwise directed by the city council, to set the matter for public hearing on the agenda of the first council meeting after the planning commission adopts its resolution reporting on the map, or on the agenda of the first council meeting within the time limit specified in the Page 16 EXHIBIT 3 Subdivision Map Act after the planning commission considered tho map if tho planning commission has not adopted its resolution within that time. (b) The city oounoil shall hold a public hearing on tho tentativo map. Any interested person may appear at such hearing and shall be heard. (e) The city council shall review tho planning commission report on a proposed tentative map, shall consider the matter and shall approve, conditionally approve or disapprove tho tentativo map within tho time limits prescribed by tho Subdivision Map Act. Tho city council shall announce its docision by resolution. Any dooision to approve or conditionally approve a tentative map shall include a description, pursuant to the provisions of this title, of the kind, nature and oxtont of any improvements requirod to be constructed or installed in or to serve the subdivision. Any decision to disapprove a tentative map shall be accompanied by a finding, idontifying the requirements or conditions which have not been met or performod. If the city council fails to act within the required time limit, tho recommondations of the planning commission regarding the tentative map shall bo deemed to be the dooision of tho city council in regard thereto. ^ 20.12.091 Required findings. (a) The planning commission or city council shall not approve or conditionally approve a tentative map unless they find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, any applicable specific plans, and any applicable provisions of Titie 21 of this code and that all approvals and pormits required by Title 21 for the project have been given or issued. Approval or conditional approval of a map may be given concurrently with any approval or permit required by Title 21. (b)A, The pinnning rjommission and city councildecision-making authority shall notmay approve or conditionally approve a tentative map if thoy mako any aLof the following findings are made: ^1^) That tjhe proposed mapsubdivision. together with the provisions for its design and improvement, is net-consistent with the general plan, applicable oeBeralmaster and specific plansr and with applicable provisions of Titie 21. 2. All approvals and permits reguired bv Title 21 for the proiect have been obtained or will be concurrently obtained with the approval ofthe subdivision. (2) That the dooign or improvement of the proposed subdivision is not consistent with applioablo general and specific plans, and with applicable provisions of Titie 21 ^3J That tihe site is net-physically suitable for the type of development; That tThe site is net-physically suitable for the proposed density of development; (5.) The design of the subdivision or proposed improvements: a. Are not likely to cause substantial environmental damage nor substantially and avoidably iniure fish or wildlife or their habitat: or Page 17 Cc3 EXHIBIT 3 b. If an environmental impact report was prepared with respect to the proiect. Unless an environmental impact report was prepared in respect to the proiect and a finding was madOj. pursuant to Section 21081(a)(3)T(e)^ of the California Public Resources Code, that specific economic, social or other considerations make infeasibie the mitigation measures or project alternatives identified in the environmental impact report; (6J That tThe design of the subdivision or the type of improvements areis not likely to cause serious public health problems; (7J That tThe design of the subdivision or the type of improvements will not conflict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision: or. ^4fi4h4s connection, the city council may approve a map if they flnd that alternate easements for access or for use will be provided and that these will be substantially equivalent to ones previously acquired by the public; a. This flnding shall apply onlv to easements of record or to easements established bv iudgment of a court of competent iurisdiction and no authority is hereby granted to the decision-making authority to determine that the public at large has acguired easements for access through or use of property within the proposed subdivision. (8.) That aAll requirements of the California Environmental Quality Act have net-been met; (9J That tThe proposed mapsubdivision fails to meets or performs any of all applicable the-reguirements or conditions of this title ei^and the Subdivision Map Act, unless thev it flnds that such failure to do so is a result of a technical and inadvertent error whishthat does not materially affect the validity of the mapsubdivision: (10J In the case of conversions of residential real property to condominiums, community apartments or stock cooperatives, tiiat-all required notices and reports to tenants have net-been or will Rot-be sent as required bv California Government Code Section 66427.1 and other applicable laws; (11J If the proposed subdivision is on land that is subiect to anv of the contracts or easements specifled in Subiect to the exceptions contained in Section 66474.4 of the StateCalifornia Government Code; a. . that the property is subiect to a contract entered into pursuant to the Land Conservation Act of 1965 O^illiamson Act) and tThe parcels resulting from the subdivision weuld-will be too smalllarge enough to sustain agricultural use, as specifled in Section 66474.4 of the California Government Code: and b. If the subdivision will create lots for residential use, the residential development will be incidental to the commercial agricultural use of the land. . Tho dotormination of ability to sustain agricultural use shall be made according to the provisions of Soction 66A7A.A ofthe State Government Code; Page 18 C9M EXHIBIT 3 (12J That—tThe proposed tentative—ffiapsubdivision complies with all requirements ofthe hillside development regulations. Chapter 21.95 of the Carisbad Municipal Code. 20.12.092 Required notices. Announcement of decision and findings of fact (a) Whenever a public hearing is required by this title, notice shall be given as provided in Section 21.54.060(1) of this code and Section 66451.3 ofthe Government Code. (b) Failure by any person to receive notice specifled in this section shall not invalidate any action taken pursuant to this title. A. When a decision on a tentative map is made pursuant to this chapter, the decision-making authority shall announce its decision and flndings by formal resolution. B. The announcement of decision and flndings shall include: 1. A statement that the tentative map is approved, conditionally approved, or denied: 2. The facts and reasons which, in the opinion of the decision-making authority, make the approval or denial of the tentative map necessary to carry out the provisions and general purpose of this title: 3. Such conditions and limitations that the decision-making authority may impose in the approval of the tentative map. C. The announcement of decision and findings shall be mailed to: 1. The owner of the subiect real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the planning division: 2. Anv person who has filed a written reguest for a notice of decision: 20.12.093 Appeal of planning commission docision Effective date and appeals. A. Decisions on tentative maps shall become effective as of the date specified bv resolution of the decision-making authority unless the decision-making authority specified unless appealed and processed in accordance with the provisions of Section 21.54.150 of this code and Section 66452.5 of the Subdivision Map Act. (a) The subdivider, any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project or stock cooperative project, or any other interested person may appeal, from a final decision of the planning commission to approve, conditionally approve or deny a tentative map of fifty or fewer lots. Any appeal to the city council shall be filed with the city clerk within ten calendar days after the action to the planning commission from which the appeal is being taken. Fees for filing an appeal under this section shall be established by resolution of the city council. Page 19 as EXHIBIT 3 (b) The decision of the city council shall be consistent with the provisions of this code and the Subdivision Map Act and shall be supported by appropriate findings. (e) If the city council fails to act on an appeal within the time limits specified in this section, the appeal shall be deemed denied. 20.12.100 Expiration of tentative maps. (a)A, The approval or conditional approval of a tentative map shall expire twenty-four months from the date the map was approved or conditionally approved unless it has been extended pursuant to Section 20.12.110 of this chapterj however, for the time period beginning with the effective date of Ordinance No. CS 032 and continuing for three years thereafter, a tentative map shall expire thirty six months from the date it was approved or conditionally approved. This thirty six month extended time shall expire three years from the effective date of Ordinance No. CS-032 unless prior to that time, the city council amends this provision. (b) B, The time period specified in subsection (a^A.. including anv extension thereof granted pursuant to Section 20.12.110 of this chapter, shall not include any period of time during which a development moratorium as defined in Section 66452.6ifl of the California Government Code, imposed after approval of the tentative map, is in existence; provided, however, that the length of such moratorium does not exceed five years. (€)C, The period of time specified in subsection (a)A„ including any extension thereof granted pursuant to Section 20.12.110 of this chapter, shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if a stay of such time period is approved by the city council pursuant to this subsection. 1 ^An application for a stay must be filed by the subdivider in writing with the city engineer planner within ten days of the service on the city of the initial petition or complaint in such lawsuit. 2, ^The application shall state the reasons for the requested stay and include the names and addresses of all parties to the litigation. 3^ ^The city engineer planner shall notify all parties to the litigation of the date when the application will be heard by the city council. ± ^Within forty days after receiving such application, the city council shall approve or conditionally approve the stay for up to five years or deny the requested stay. (d)D, Prior to the expiration of the tentative map, a final map conforming to the requirements of Chapter 20.20 of this title may be filed with the city councilengineer for approval. The final map shall be deemed filed with the city oounoil on the date it is received by the city engineer. Once a timely and complete filing has been made pursuant to 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 tentative map. E 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. Page 20 EXHIBIT 3 20.12.110 Extension of tentative map. A. Automatic time extension. 1. Pursuant to California Government Code Section 664542.23. the expiration date of anv tentative map, which has not expired on or before July 15. 2011 and will expire before January 1. 2014, shall be extended by two years. a. The expiration of all proiect related permits or approvals, which were granted concurrently, shall be extended by two years, provided said permits or approvals have not expired on or before July 15, 2011. b. This section shall automatically sunset on January 1. 2014. unless Government Code Section 66452.23 is extended by the state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law. B. Time extension bv citv planner. 1. The citv planner may administratively, without a public hearing or notice, extend the time within which the right or privilege granted under a tentative map is valid, subiect to the following: 2. Prior to the expiration date of the tentative map, the subdivider shall submit a written reguest for a time extension, along with payment of the application fee contained in the most recent fee schedule adopted bv the citv council. 3. Provided the written reguest for a time extension is timely filed, the tentative map shall be automatically extended for sixty davs or until a decision to approve, conditionally approve or deny the reguest is rendered, whichever occurs first: however, if a time extension is granted, it shall be based on the original approval date. 4. The citv planner shall extend the tentative map for an additional two years, if the following findings are made: a. The tentative map remains consistent with the general plan, all titles of this code and growth management program policies and standards in place at the time the extension is considered: b. Circumstances have not substantially changed since the tentative map was originally approved. c. The citv planner mav grant no more than three, two-vear extensions, for a total cumulative time extension of six years. d. All proiect related permits or approvals, which were granted concurrently, shall be extended to expire concurrently with the tentative map, provided such permits or approvals remain consistent with the general plan, all titles of this code and growth management program policies and standards in place at the time the extension is considered. e. When granting an extension of a tentative map, the citv planner may impose new conditions and may revise existing conditions. Page 21 EXHIBIT 3 f The city planner shall announce in writing, by letter, his/her decision to grant or deny an extension of a tentative map. A copy of the letter announcing the city planner's decision shall be mailed to the subdivider and to any person who has filed a written reguest to receive such notice. 5. Citv planner decisions on time extensions shall become effective as of the date specified bv resolution of the decision-making authority unless appealed and processed in accordance with the provisions of Section 21.54.140 of this code: except, if the citv planner denies the time extension, the subdivider mav file an appeal with the Citv Clerk within 15 davs of the denial, and said appeal shall be subiect to the same process reguired for appeals of planning commission decisions specified in Section 21.54.150 of this code. (a) The subdivider may request an extension of the approved or conditionally approved tentative map by filing a written application with the city engineer prior to expiration. The application shall be on a form promulgated by the city engineer and state the reasons for the requested extension. The application shall be filed at least twenty days and not more than ninety days prior to the date of expiration of the map, and in sufficient time to be processed administratively; considered in a noticed public hearing; and potentially reviewed in an appeal to the city council; all prior to the expiration of any applicable automatic extension. (4) Timely application shall automatically extend the tentative map for a maximum of sixty days, or until the application for the extension is approved, conditionally approved or denied, whichever occurs first. (2) Upon receipt of a complete and timely application for extension the city engineer shal, not later than thirty days after the expiration of the approved or conditionally approved tentative map, set the matter for public hearing by the 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 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, giving considoration to any other extensions, the scope of the project, the previous oxpendituros made by the subdivider in furtherance of the subdivision, and the effect of the extension of tho development on the community. No extension shall be granted or conditionally granted unless the planning commission (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 growth management policies in existence at the time the extension is approved; that all related pormits or approvals issued pursuant to Title 21 have boen extended to expire oonourront with tho tentativo map; and that such 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 map. The total period of all extensions granted under this section shall not exceed six years. In granting an extension, the planning commission (or city council on appeal) may impose new conditions and may revise existing conditions. (i) All related city permits or approvals for maps which have not expired as of July 15. 2008. and which will expire before January 1, 2011, which are automatically extended by Government Code Section 66452.21, shall likewise be automatically oxtonded to expire oonourrently with the vesting tentative map. tentative map, or tentative parcel map. Page 22 EXHIBIT 3 (ii) This section shall automatically sunset on January 1, 2011. unless Government Code Section 66452.21 is extended by the state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law. (3) The decision of the planning commission is final and effective fifteen days after the adoption of the resolution of decision, unless within such period the applicantor any other interested person files a written appeal with the city clerk. An individual member of the city council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and the manner in which the decision of the planning commission is in error. The decision of the planning commission shall be affirmed by the city council unless the appellant shows by a preponderance of the evidence that the decision of the planning commission is in error, inconsistent with state law, the general plan, any applicable local coastal program or specific plan, master plan, zoning ordinance or policy of the city. Upon the filing of an appeal, the city clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision of the city council is final. C. Extensions when filing multiple or "phased" final maps. (b)l In addition to the provisions for time extensions specified in subsections A and B of this section, aA tentative map for which the filing of multiple or "phased" final maps has been authorized shall be extended subiect to the following provisions:mav be extended as follows: (4) If the subdivider is not subject to a requirement to construct or improve, or finance the construction or improvement of public improvements outside the boundaries of the tentative map, the cost of which equals or exceeds the amount specified in Government Code Section 66452.6(a), as amended from time to time, as determined at the time of the tentative map approval, then the subdivider may request an extension pursuant to the provisions of subsection (a) of this section. (2)a, When the subdivider is subject to a requiredflf^efit to expend an amount egual to or greater than specified in California Government Code Section 66452.6(a), as determined at the time the tentative map is approved, to construct.,-eF improve or finance the construction or improvement of public improvements outside the boundaries of the tentative map. excluding improvements of public rights-of-way that abut the boundary of the property and are reasonably related to the development of that property, the cost of which eguals or exceeds tho amount specified in Government Codo Section 66452.6(a), as amended from time to time, as determined at the time the tentative map is approved, then each filing of a final map authorized by Section 20.20.020(c) of this code shall extend the expiration of the approved or conditionally approved tentative map by thirty-six months from the date it would othenA/ise have expired as provided in this section or the date of the previously filed final map, whichever is later. L The extensions granted pursuant to this subsection shall not extend the tentative map for more than ten years, excluding extensions granted pursuant to subsections A and B of this section.The total combined time for extensions under this subsection and subsection (b)(1) of this section shall not exceed sixteen years from the date of the approval or conditional approval of the tentative map. However, a tentative map for property subject to a development agreement authorized by the StateCalifornia Government Code and Page 23 EXHIBIT 3 this code may be extended for a period of time provided for in the agreement, but not beyond the duration of the agreement. iL "Public improvements", as used in this subsection, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, fiood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities. (€)D, Extensions of vesting tentative maps shall be governed solely by the provisions of Chapter 20.17 of this title, and by the provisions of subsection C.1.a.(b)(2) of this section. 20.12.120 Revised tTentative map amendment A. An approved tentative map mav be amended by following the same procedure reguired for the approval of said tentative map (except that if the Citv Council approved the original tentative map, the Planning Commission shall have the authority to act upon the amendment), and upon payment of the application fee contained in the most recent fee schedule adopted bv the citv council. B. If an approved tentative map was issued concurrently with the approval of another proiect related development permit(s). anv amendment to said tentative map shall be acted on bv the decision-makinq authority that approved the oriqinal tentative map, except that if the Citv Council approved the oriqinal tentative map, the Planninq Commission shall have the authority to act upon the amendment. C. In qrantinq an amendment, the decision-makinq authority mav impose new conditions and mav revise existinq conditions. (a) Where a subdivider desires to revise or alter a proposed subdivision for which a tentative map has been approved by the city council, or planning commission for tentative maps which it is authorized by this titie to approve or conditionally approve, the subdivider may file with the planning division a revised tentative map on payment of tho foes prescribed in Chapter 20.08 of this title. D(b)^ An amended revised tentative map shall conform to the following requirements: (1J The proposed subdivision shown on such map shall generally conform to the street and lot pattern shown on the approved tentative map. (2J The proposed subdivision shown on such map shall include only one contiguous area consisting of all or a portion of the subdivision shown on the approved tentative map together with such additional land, if any. as the subdivider desires to include. (3J The map shall contain all of the information required on tentative maps and shall be accompanied by such data as is required to be filed with tentative maps. (G)E, A revised tentative map amendment may be filed prior to expiration of a tentative map approved by the city council (or by the planning commission, for tentative maps for which it is authorized by this title to approve or conditionally approve), or within the period of time specified in any extension granted thereto. Page 24 70 EXHIBIT 3 (d) Upon the filing of an application for a revised tentative map and payment of the proscribed foo, such application shall bo treated in all respects as an application for an original tentative map, and shall bo reported on, approved, conditionally approved or disapproved in the samo manner as an original tentativo map application. Tho application for a revisod tentative map may bo combined and conoidorod concurrontly with an application for extension of a tentative subdivision map pursuant to Section 20.12.110. AMENDMENTS TO CHAPTER 20.16 MAJOR SUBDIVISIONS—REQUIREMENTS List of Sections in Chapter 20.16 20.16.010 Design of subdivision. 20.16.015 Design for passive or natural heating opportunities. 20.16.020 Conformance to street plans. 20.16.025 nnnvftraion of mobile home parks Reserved. 20.16.030 Dedication. 20.16.040 Required improvements. 20.16.041 Supplemental improvements—Required. 20.16.042 Supplemental improvements—Reimbursement agreement—Funding procedures. 20.16.043 Supplemental improvements—Drainage, sewerage, bridges and major thoroughfares. 20.16.050 Monuments. 20.16.060 Agreement to improve. 20.16.070 Improvement security—Required. 20.16.080 Improvement security—Amount. 20.16.090 Improvement security—Release. 20.16.095 Off-site improvements—Acquisition of property interests. 20.16.100 Improvement security—Forfeiture. Section 20.16.015 20.16.015 Design for passive or natural heating opportunities. (a)A In addition to the requirements of Section 20.16.010, the design of a major subdivision for which a tentative map is required by this title, shall also provide to the extent feasible for future passive or natural heating or cooling opportunities in the subdivision. 1_^ Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east- west alignment for southern exposure. 2^ Examples of passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes. Page 25 EXHIBIT 3 3: In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be divided, and to other design and improvement requirements, and such provision shall not result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed. ± ^The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added. 5, For the purposes of this section, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors as the city council may determine. (b) The requirements of this section shall not apply to any subdivision map which has been reviewed and accepted as complete for processing prior to January 1, 1979. Section 20.16.025 20.16.025 Conversion of mobile home parksReserved. (a) At the time of filing a tentative map for a subdivision to be created from the conversion of a mobile home park to another use. the subdivider shall also file a plan specified by Section 66427.4 ofthe Government Code. (b) If the provisions of Chapter 21.37 apply to the mobile home park, the plan specified in subsection (a) of this section shall include the report specified by Section 21.37.110(b)(3) of this codo. (e) In determining the impact of the conversion on displaced mobile home park residents, the plan shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the plan available to each resident of the mobile home park at least fifteen days prior to the hearing on the map by the planning commission. If Chapter 21.37 applies, the subdivider shall also provide all notices required by Section 21.37.120 of this code. The planning commission or city council may require the subdivider to take steps to mitigate any adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park, and shall make all the findings required by Section 21.37.120 applicable. (d) When approving or conditionally approving a tentative map for conversion of a mobile home park, the planning commission orthe city council shall do one ofthe following: (4) Mitigate any significant adverse impact of the conversion on the ability of displaced mobile home park residents to find adequate space in a mobile home park by zoning additional land for mobile home parks; (2) Find that there is sufficient land zoned for mobile home parks or sufficient space available in other mobile home parks for the residents who will bo displaced; Page 26 EXHIBIT 3 (3) Require the subdivider to mitigate any adverse impact pursuant to subsection (c); (4) Find that the mitigation required by subsection (d)(1) and (d)(3) is not feasible. "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. Section 20.16.040 20.16.040 Required improvements. (a)A, Before approving a final map, the citv councildecision-makinq authority shall require and before a final map is approved by operation of law, it shall be required that: (1)^ The subdivider grade and improve or agree to grade and improve all land dedicated or to be dedicated for streets or easements, bicycle routes and all private streets and private easements laid out on a final map or parcel map in such manner and with such improvements as are necessary for the use of the lot owners in the subdivision and local neighborhood traffic and drainage needs, and in accordance with city standards; (2) . The subdivider install or agree to install all drainage and flood-control structures and facilities required by the city engineer, which drainage and flood-control structures and facilities shall conform to city standards, or the standards of other appropriate agencies as the city engineer adopts; (3)^ The subdivider install or agree to install flre hydrants and connections of a type and location approved by the flre chief For local residential streets, flre hydrant connections, including valves, shall be installed between the sidewalk and the curb and gutter in the parkway; (4)^ The subdivider provide all necessary easements and rights-of-way to accommodate all streets, drainage and flood-control structures and facilities and sewer systems extending beyond the boundaries ofthe subdivision; (5)^ The subdivider provide that the subdivision be connected to a domestic water system approved by the city and all water mains shall be of a material subject to the requirements of the water company or agency serving the subdivision. That the subdivider shall install or agree to install all required water systems necessary to serve the subdivision and that all water lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to insure said construction; and (6)^ Where a sewer line is constructed or laid within a street or road, the subdivider has installed or agreed to install sewer lines of a type and size approved by the city engineer to the property line of each lot within the subdivision and all sanitary sewer lines, appurtenances and service connections have been constructed or laid prior to paving or provisions have been made to insure the construction. (^B, If the city council rejects the offer of dedication of streets is reiecteddelineated on the map pursuant to Section 66477.1 ofthe Subdivision Map Act, no surfacing shall be required Page 27 73 EXHIBIT 3 on any street so rejected by the council; provided, however, this provision shall not be construed as relieving the subdivider of the obligation of (1) . Grading such rejected streets to grades and widths required by city standards; (2) . Installing all drainage structures and facilities required by the city engineer, which shall conform to city standards; or (3) . Installing water supply pipelines, flre hydrants and connections as may be required by the city engineer and flre chief (€)C, No surfacing is required on any private street laid out on any parcel map where each parcel shown on such map contains a gross area of twenty acres or more; provided, however, this provision shall not be construed as relieving a subdivider of the obligation of (1) . Grading such private streets to grades and widths required by city standards; (2) . Installing all drainage structures and facilities required by the city engineer, which shall conform to city standards; and (3) . Installing water supply pipelines, fire hydrants and connections as may be required. (d)D. The design of any subdivision for which a tentative map or parcel map is required pursuant to Government Code Section 66426 shall provide for appropriate cable television systems and for communication systems, including, but not limited to, telephone and internet services, to each parcel in the subdivision. All new utility distribution facilities, including cable television conduit and lines, and communications systems, within the boundaries of any new subdivision or within the half-street abutting a new subdivision, shall be placed underground. All existing utility distribution facilities shall be placed underground within the boundaries of any new subdivision or within any half-street abutting any new subdivision except where the existing facilities within any single half-street section abutting the new subdivision span a distance of less than six hundred feet, or where it is determined by the city engineer that it is not practicable to place the existing facilities underground within any single half-street section due to the existence of overhead utility services to properties on the opposite side of that half-street section, in which cases the subdivider shall execute and record a covenant running with the land not to oppose a local improvement district for underground placement of utilities. In developments where overhead utility distribution facilities are allowed to remain, all new services to existing lots and lots created according to the provisions of this title shall be installed underground from the nearest utility pole. The subdivider is responsible for complying with the requirements of this subsection, and he shall make the necessary arrangements with each of the serving utilities, including franchised cable television operators, and communication system providers, including, but not limited to, telephone and internet services, for the installation of such facilities. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily appurtenant to such underground utilities and street lighting systems may be placed aboveground, subject to approval of the city engineer as to type and location. The provisions of Page 28 EXHIBIT 3 this subsection shall not apply to the installation and maintenance of overhead electric transmission lines in excess of thirty-four thousand five hundred volts and long-distance and trunk communication facilities. The installation of cable television lines may be waived when, in the opinion of the city council, no franchised cable television operator is found to be willing and able to install cable television lines in the subdivision. Notwithstanding any such waiver, the installation of cable television conduits is required. (e) E The subdivider shall construct or shall cause to be constructed at his cost a street lighting system conforming to city standards. (f) F, Where the city has adopted a flood-control element or drainage element of the general plan, any improvements shall conform to such element wherever possible. (g) G, The subdivider shall comply or agree to comply with all the conditions of approval contained in the resolution approving the tentative map and not otherwise provided for by this section. (h) K If improvements are required for a designated remainder parcel, the fulflllment of such requirements by the construction of improvements shall not be required until such time as a building or grading permit for development of the parcel is issued by the city or until such time as the construction of such improvements is required pursuant to an agreement between the subdivider and the city. In the absence of such an agreement, the city council may require fulflllment of some or all of such construction requirements within a reasonable time following approval of the flnal map and prior to the issuance of a building or grading permit for the development of a remainder parcel upon a flnding that fulflllment of the construction requirements is necessary for reasons of public health and safety or that the construction is a necessary prerequisite to the orderiy development ofthe surrounding area. Section 20.16.060 20.16.060 Agreement to improve. A Unless the oitv counoildecision-makinq authority requires the subdivider to construct improvements prior to flnal map approval, the subdivider may elect to agree to construct improvements or to otherwise comply with the requirements of this title and with the conditions in the resolution approving the tentative map or, if authorized by the city council, may contract to initiate and consummate special assessment district proceedings in lieu of constructing improvements, as provided in Section 66462 of the Subdivision Map Act. If the subdivider consents, or the city council requires pursuant to Section 20.16.040. the agreement may provide for the improvements for a designated remainder parcel prior to issuance of a building or grading permit for such parcel. In addition, the subdivider shall prepare and deposit with the city clerk detailed plans and speciflcations of the improvements to be constructed or the conditions to be met, and such plans and speciflcations shall be made a part of any such agreement or contract and of the improvement security securing the same. The city manager is authorized to sign such agreements on behalf of the city. AMENDMENTS TO CHAPTER 20.17 VESTING TENTATIVE MAPS Page 29 7w> EXHIBIT 3 Section 20.17.030 20.17.030 Rights conferred. (a)A, Approval or conditional approval of a vesting tentative map or vesting tentative 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 application is deemed complete, as described in Section 66474.2 of the Government Code. However, if Section 66474.2 is repealed the approval shall 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 map or vesting tentative parcel map was approved or conditionally approved. Any disputes regarding whether a development substantially complies with the approved or conditionally approved map. or with the ordinances, policies or standards described in this subsection, shall be resolved by the decision-making bodvauthoritv which approved the vesting tentative map or vesting tentative parcel map, in accordance with Sections 20.12.0930 and 20.24.440120. (b) B, Notwithstanding subsection (a)A of this section, a permit, approval, extension or entitlement for development may be conditionally approved or denied if the decision making bodvdecision-makinq authority determines: (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 or both in a condition dangerous to their health or safety or both; or (2)^ The condition or denial is required in order to comply with state or federal law. (e)C, The rights conferred by a vesting tentative map or vesting tentative parcel map shall expire if (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 the development unless an amendment to the vesting tentative map or vesting tentative parcel map has been approved. (d)D, If the final map or parcel map is approved prior to the expiration of the vesting tentative map or vesting tentative parcel map. the vested rights conferred by subsection (a) of this section shall last as follows: (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 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 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 used for processing a complete application for a grading permit or for design or Page 30 EXHIBIT 3 architectural review, if such processing exceeds thirty days from the date a complete application is accepted. (3)^ A subdivider may apply to the decision-making bodvauthoritv for a one- year extension 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 bedv-authoritv finds that the map still complies with the requirements of this title. The decision-making bedv-authoritv may approve, conditionally approve or deny an extension in its sole discretion, subject to appeal in accordance with Chapter 20.12 or 20.24 (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 shall continue until the expiration of that building permit or any extension of that building permit. (e) 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 same as any subdivision which was not processed pursuant to this chapter. (f) 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 or vesting tentative parcel map. AMENDMENTS TO CHAPTER 20.20 FINAL MAP REQUIREMENTS List of Sections in Chapter 20.20 20 20 010 20 20 020 20 20 030 20 20 040 20 20 050 20 20 060 20 20 070 20 20 080 20 20 090 20 20 100 20 20 110 20 20 115 20 20 120 20 20 130 20 20 140 20 20 150 20 20 160 20 20 165 20.20.170 Maps to conform to requirements of planninq commission or city oounoilapproved tentative map. City council enqineer to approve maps. Required offer of dedication. Grant of open space easement. Type of map required. Additional data on final subdivision maps. Record of easements. Survey data. Lot numbers. Established lines. Additional certificates on final subdivision maps. Notice of owner's development lien. Title company certificate and report. Titie company subdivision guarantee. Approval as to form. Stamping or printing of certificates. Soil reports. Appeal of city enqineer decision. Transmittal of final map. Page 31 11 EXHIBIT 3 Section 20.20.010 through 20.20.030 20.20.010 Maps to conform to requirements of planning commission or city councilapproved tentative map. A ^All final and parcel maps for major subdivisions shall conform to the requirements of the Subdivision Map Act and this title and also shall conform to the requirements specified in the approval or conditional approval of planninq commission or city council resolution approvinq or conditionally approving the tentative map. 20.20.020 City council engineer to approve maps. A. Pursuant to California Government Code Section 66458(d). the city enqineer is authorized to approve or deny final maps. B. The citv enqineer shall notify the city council at its next reqular meetinq after the official receives the map that the citv enqineer is reviewinq the map for tinal approval. 1. The citv clerk shall provide notice of anv pendinq approval or denial bv the city enqineer. such notice shall be attached and posted with the city council's reqular aqenda and shall be mailed to interested parties who request notice. C. The city enqineer shall approve or deny the final map within ten days followinq the meetinq of the city council held pursuant to subsection B of this section. (a) D, The city councilenqineer shall not consider a final map unless there is a valid tentative map for the subdivision. (b) E No final map shall be filed in the office of the county recorder until approved by the city councilenqineer, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative map, providing that any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed. The city councilenqineer may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error which, in the determination of the city Gouncilenqineer, doesn't materially affect the validity of the map. (e)F, Multiple or "phased" final maps may be filed for portions of the tentative map. 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 "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 "phased" final maps which may be filed shall be determined by the citv council or planninq commission decision-makinq authority at the time of the approval or conditional approval of the tentative map. When dividing a subdivision into units, the city council or planninq oommissiondecision-makinq authority shall ensure that the design and improvement of each unit are 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 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 Page 32 1% EXHIBIT 3 improvements requirement is one hundred thousand dollars or more it shall be a condition ofthe tentative map that additional conditions may be placed on the extension of the tentative map which occurs by operation of 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 eeunetlcity enqineer may modify or eliminate the phasing scheme. (d)G, The city councilenqineer shall not approve a final map for a subdivision to be created from a conversion of residential real property into a condominium project, a community apartment project, or a stock cooperative project unless it finds all ofthe following: (1) . Each of the tenants of the proposed condominium project, community apartment project, or stock cooperative project has received written notification of intention to convert at least sixty days prior to the filing of a tentative map. There shall be a further finding that each such tenant and each person applying for the rental of a unit in such residential real property has or will have received all applicable notices and rights now or hereafter required by this titie or the Subdivision Map Act. In addition, a finding shall be made that each tenant has received ten days' written notification that an application for a public report will be or has been submitted to the Department of Real Estate, and that such report will be available on request. The written notices to tenants required by this subdivision shall be deemed satisfied if such notices comply with the legal requirements for service by mail. (2) . Each of the tenants of the proposed condominium project, community apartment project, or stock cooperative project has been or will be given written notification within ten days of approval of a final map for the proposed conversion. (3) . Each of the tenants of the proposed condominium project, community apartment project, or stock cooperative project has been or will be given one hundred-eighty days' written notice of intention to convert prior to termination of tenancy due to the conversion or proposed conversion. The provisions of this subdivision shall not alter or abridge the rights or obligations of the parties in performance of their covenants, including but not limited to the provisions of services, payment of rent orthe obligations imposed by Sections 1941, 1941.1 and 194.1 ofthe California Civil Code. (4) . Each of the tenants of the proposed condominium project, community apartment project, or stock cooperative project has been or will be given notice of an exclusive right to contract for the purchase of his or her respective units upon the same terms and conditions that such units will be initially offered to the general public or terms more favorable to the tenant. The right shall run for a period of not less than ninety days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of his intention not to exercise the right. (5)^ The owners of a stock cooperative or community apartment project have voted in favor of such conversion as specified by Section 66452.10 of the State Government Code. (6)^ This section shall not diminish, limit or expand, other than as provided herein, the authority of the oitv councildecision-makinq authority to approve or disapprove condominium projects. Page 33 EXHIBIT 3 20.20.030 Required offer of dedication. A ^As a condition precedent to the approval by the city council enqineer of any final map, all parcels of land shown thereon and intended for any public use shall be offered for dedication for public use except those parcels, other than streets, intended for the exclusive use of the lot owners in the subdivision, their licensees, visitors, tenants and servants. Section 20.20.110 20.20.110 Additional certificates on final subdivision maps. A In addition to certificates and other material required by the Subdivision Map Act and this title, every final subdivision map shall bear the following certificates or endorsements: (1) . A certificate by the city treasurer and the director of sanitation and flood control, where applicable, to the effect that there are no unpaid special assessments or bonds which may be paid in full shown by the records in their offices against the subdivision or any part thereof; (2) . A certiflcate by the clerk of the board of supervisors that the provisions of Division 2, Title 7 of the Government Code have been complied with regarding security for payment of taxes or special assessments collected as taxes on the property whenever any part of the subdivision is subject to a lien for taxes, or special assessments collected as taxes, which are not yet payable; (3)^ Certificate of the county recorder as to the filing of the map; (4) . A certificate signed and sealed by the engineer/surveyor in accordance with Section 66441 of the Subdivision Map Act; (5)^ A certificate signed by the city engineer in accordance with Section 66442 of the Subdivision Map Act; (6) . A certificate signed by the city planner enqineer that the tentative map has been submitted—approved or conditionally approved by thete—ti=»e planning oommissiondecision-makinq authority for report and recommendation: (7)^ Endorsement by the city attorney of his approval of the map as to form; 8. A certificate siqned bv the citv enqineer acceptinq, acceptinq subiect to improvement, or reiectinq all offers of dedication that are made by a statement on the map: (8) 9, If applicable, Aa certificate signed by the city clerk attesting to the approval of the map by the city council and their acceptance, acceptance subject to improvement, or rejection on behalf of the public of all dedications shown thereon; ^10. An owner's certificate as required by Section 66436 of the Subdivision Map Act which shall bear the signatures of all parties owning any record title interest in the land subdivided except those which have been omitted pursuant to Section 66436 of the Subdivision Map Act. The names of any parties who own interests described in Section 66436 of the Page 34 EXHIBIT 3 Subdivision Map Act and who have not signed the owner's certificate shall be set forth in the owner's certificate together with a description of their respective interests and the reasons why they have not signed the certificate. All such signatures of owners and others, whether individuals or corporations, must be properiy signed and acknowledged before a notary public. In case a subdivision map is signed by a corporation, a certified copy of the resolution passed by the board of directors of such corporation authorizing that action must accompany the map; (40)11. Where dedications are required, a certificate offering to dedicate interests in real property for specified public purposes in accord with Section 66439 of the Subdivision Map Act. The certificate shall be properiy signed and acknowledged before a notary public and shall be signed by all parties having any record titie interest in the real property being subdivided subject to the provisions of Section 66436 of the Subdivision Map Act. In case any dedication or consent shown on a subdivision map is signed by a corporation, a certified copy of the resolution passed by the board of directors of such corporation authorizing that action must accompany the final map. Section 20.20.140 20.20.140 Approval as to form. A ^All final subdivision maps filed with or submitted to the city council enqineer shall be first submitted to the city attorney and approved as to form by him. Section 20.20.165 20.20.165 Appeal of citv engineer decision. A. The city enqineer's approval or denial of a final map may be appealed to the city council, subiect to the same requirements for appeals of planninq commission decisions specified in Section 21.54.150 of this code. Section 20.20.170 20.20.170 Transmittal of final map. ^A4. Upon the-approval of the final map, the citv enqineer, the oitv clerk shall transmit the map to the appropriate county agency pursuant to Government Code Section 66464 for filing with the county recorder. AMENDMENTS TO CHAPTER 20.22 ENVIRONMENTAL SUBDIVISIONS List of Sections in Chapter 20.22 20.22.010 Purpose and applicability. Page 35 EXHIBIT 3 20.22.020 Definition. 20.22.030 City council actionParcel map required. 20.22.040 Required findings. 20.22.050 Improvements, dedications and desiqn. 20.22.060 Abandon environmental subdivision. Section 20.22.010 20.22.010 Purpose and applicability. A. This chapter is intended to implement Government Code Section 66418.2 which excepts, among other things, land being subdivided solely for the creation of an environmental subdivision from the requirement of a tentative and final map when five or more parcels are created. B. This chapter shall apply only upon the written request of the landowner at the time the land is divided. This section is not intended to limit or preclude subdivision bv other lawful means for the mitiqation of impacts to the environment, or of the land devoted to these purposes, or to require the division of land for these purposes. Section 20.22.030 20.22.030 Citv council actionParcel map reguired. A. A parcel map shall be required for environmental subdivisions, pursuant to applicable requirements specified in Chapters 20.24. 20.28 and 20.32 of this title. A When a planning division report on an applioation for an environmental subdivision is filed with tho city olork, the city clerk is directed, unless othenvise directed by the city council, to set the matter for public hearing on tho agenda. B-. The city oounoil shall hold a publio hearing on the environmental subdivision applioation. Any intorostod person may appear at such hearing and shall bo heard. The city oounoil shall roviow tho planning division's report on an environmental subdivision application, shall consider the matter and shall approve, conditionally approve or disapprovo the environmental subdivision. The city council shall announce its decision by resolution. Any decision to approve or conditionally approve an environmental subdivision shall include a description of tho kind, nature and extent of any improvements or mitigation required to bo oonstruoted or installed in or to sorvo the subdivision. Any decision to disapprove an environmental subdivision shall bo accompanied by a finding, identifying tho requirements or conditions which havo not been met or performed. Section 20.22.040.A 20.22.040 Required findings. Page 36 EXHIBIT 3 A. Prior to approving or conditionally approving an environmental subdivision, the iecision-makinq authority shall find each of the following: 1. That factual biotic or wildlife data, or both, are available to the city to support the approval of the subdivision, prior to approving or conditionally approving the environmental subdivision. 2. That provisions have been made for the perpetual maintenance of the property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by any local, state, or federal agency requiring mitigation. 3. That an easement will be recorded in the county in which the land is located to ensure compliance with the conditions specified by any local, state, or federal agency requiring the mitigation. The easement shall contain a covenant with a county, city, or nonprofit organization running with the land in perpetuity, that the landowner shall not construct or permit the construction of improvements except those for which the right is expressly reserved in the instrument. Where the biotic or wildlife habitat, or both, are compatible, the city shall consider requiring the easement to contain a requirement for the joint management and maintenance of the resulting parcels. This reservation shall not be inconsistent with the purposes of this section and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or both, ofthe land. 4. The real property is at least twenty acres in size, or if it is less than twenty acres in size, the following conditions are met: a. The land is contiguous to other land that would also qualify as an environmental subdivision. b. The other contiguous land is subject to a recorded perpetual easement that restricts its use to biotic or wildlife habitat, or both. The total combined acreage of the lands would be twenty acres or more. d. Where the biotic or wildlife habitat, or both, are compatible, the land and the other land will be jointly managed and maintained. Section 20.22.050 through 20.22.060 20.22.050 Improvements, dedications and design. BA. Notwithstanding Government Code Section 66411.1(a) (limiting required improvements to the dedication of rights of way, easements, and the construction of reasonable off-site and on-site improvements for parcels created by division of land which is not a subdivision of five or more lots), any improvement, dedication, or design required by the city as a condition of approval of an environmental subdivision shall be solely for the purposes of ensuring compliance with the conditions required by local, state, or federal agency requiring the mitigation. Page 37 16 EXHIBIT 3 20.22.060 Abandon environmental subdivision. OA. After recordation of certificates of compliance fora parcel map for an environmental subdivision, a subdivider may only abandon an environmental subdivision by reversion to acreage pursuant to Chapter 20.40 and Government Code Section 66499.11, if the city finds that all of the following conditions exist: 1. None of the parcels created by the environmental subdivision has been sold or exchanged. 2. None of the parcels is being used, set aside, or required for mitigation purposes pursuant to this section. 3. Upon abandonment and reversion to acreage pursuant to this subdivision, the easement for biotic and wildlife purposes is extinguished. DB. If the environmental subdivision is abandoned and reverts to acreage pursuant to subsection Cthis section, all local, state, and federal requirements shall apply. Er. This section shall apply only upon the written request of the landowner at the time the land is divided. This section is not intended to limit or preclude subdivision by other lawful means for the mitigation of impacts to the environment, or of the land devoted to these purposes, or to require the division of land for these purposes. AMENDMENTS TO CHAPTER 20.24 MINOR SUBDIVISIONS—PROCEDURE List of Sections in Chapter 20.24 20.24.010 Minor subdivision. 20.24.020 Tentative parcel map required. 20.24.030 Application and time limits for processinq. 20.24.040 Information to be filed with tentative parcel map. 20.24.050 Grading plan. 20.24.060 Preliminary titie report. 20.24.065 Conversion of mobile home parks. 20.24.070 Replacement tentative parcel map. 20.24.080 Revised tentative parcel map. 20.24.090 City engineer—DutiesOther department and aqencv review. 20.24.100 Assignment of certain responsibilities to the city engineer. 20.24.110 Action of tho city engineer. 20.24.115 Notice to affootod property owners. 20.24.116 Conversion of mobile home parks. 20.24.1170 Proof of notice—Minor subdivisions. 20.24.115 Notices. 20.24.120 Consideration of tentative parcel map—Notice of decisionDecision-makinq authority. 20.24.130 Disapproval of tentativo parcel mapRequired Findinqs. 20.24.135 Announcement of decision and findinqs of fact. 20.24.140 Effective date and Aappeals to the city council. Page 38 EXHIBIT 3 20.24.150 Waiver of parcel map. 20.24.160 Expiration of tentative parcel map. 20.24.180 Extension of tentative parcel map. 20.24.185 Tentative parcel map amendment. 20.24.190 Vesting tentative parcel map. Section 20.24.020 through 20.24.040 20.24.020 Tentative parcel map required. A ^Any person proposing to create a minor subdivision pursuant to this titie shall file with the city enqineer planner a tentative parcel map pursuant to the provisions of this chapter; provided, however, an adjustment plat may be filed in lieu of a tentative parcel map under the conditions specified in Chapter 20.36 of this title. The city enqineer planner shall not certify a parcel map pursuant to Section 66450 of the Subdivision Map Act unless prior thereto a tentative parcel map of the minor subdivision shown thereon shall have been filed with and approved by the city enqineer or. on appeal, by the city councilpursuant to this chapter. 20.24.030 Appiication and time limits for processing. (a) A subdivider applying for a minor subdivision or adjustment plat shall file an application with the city engineer together with copies of a tentative parcel map or adjustment plat as required by the city engineer prepared in accordance with the requirements of this chapter and Chapter 20.36 of this titie. A. An application for a tentative parcel map may be made by the owner of the property affected or the authorized aqent ofthe owner. The application shall: 1. Be made in writinq on a form provided by the citv planner: 2. State fully the circumstances and conditions relied upon as qrounds for the application: and 3. Be accompanied by adequate plans, a leqal description of the property involved, data specified by this title and all other materials as specified by the city planner. B. At the time of filinq the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted by the city council. C. If siqnatures of persons other than the owners of property makinq the application are required or offered in support of or in opposition to, an application, they may be received as evidence of notice havinq been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the citv planner, planning commission and the city council. (b) 0 The city engineer planner shall not accept an application era tentative parcel map for processing unless the engineer citv planner finds that: (1J The requirements of Title 19 of this code have been met; Page 39 EXHIBIT 3 (2J The tentative parcel map or adjustment plat is consistent with the provisions of Title 21 of this code and that all approvals and permits required by Title 21 for the project have been given or issued. E. All tentative parcel maps shall be approved, conditionally approved or denied within the time limits specified by this title and the Subdivision Map Act. 1. If the decision-making authority does not take action to approve, conditionally approve or deny the tentative parcel map within the time limits specified by this title or the Subdivision Map Act, the tentative parcel map as filed shall be deemed to be approved, insofar as it complies with other applicable reguirements of this code and the Subdivision Map Act. (^JF, Notwithstanding the provisions of subsections (b^D and E of this section, a tentative parcel map or adjustment plat may be processed concurrently with documentsother development permits or approvals reguired for the proiect reguired by Titles 19 or 21 of this code., permits or approvals reguired by Titles 19 or 21 if the applicantsubdivider for the tentative parcel map first waives the time limits for processing, approving or conditionally approving or disapproving a tentative parcel map or adjustment plat provided by this title or the Subdivision Map Act. Pursuant to the provisions of Chapter 19.04 of this code, a project may be processed according to this chapter but still not be deemed received complete until the environmental documents are completed. 20.24.040 Information to be filed with tentative parcel map. A Such information as may be prescribed by the rules and regulations approved by the city council pursuant to Section 20.04.060 of this title and such additional information as the city engineer planner may find necessary with respect to any particular case to implement the provisions of this title shall accompany the tentative parcel map or adjustment plat at the time of submission. Section 20.24.060 through 20.24.130 20.24.060 Preliminary titie report. _There shall be filed with each tentative parcel map and adjustment plat a current preliminary title report of the property being subdivided or altered. 20.24.065 Conversion of mobile home parks. A. At the time of filing a tentative parcel map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report specified by Section 66427.4 of the California Government Code and, if applicable. Section 21.37.110(b)(3) of this code. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adeguate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park within fifteen davs of the filing of the tentative parcel map. The subdivider shall also provide all notices reguired by Section 21.37.120 of this code. The city planner may reguire the subdivider to take steps to mitigate any adverse impact of the conversion on the Page 40 EXHIBIT 3 ability of displaced mobile home park residents to find adeguate space in a mobile home park, and shall make all the findings reguired by Section 21.37.120. 20.24.070 Replacement tentative parcel map. A ^A replacement tentative parcel map shall be submitted when the city engineerplanner finds that the number or nature of the changes necessary for approval are such that they cannot be shown cleariy or simply on the original tentative parcel map. 20.24.080 Revised tentative parcel map. A ^Where a subdivider desires to revise an approved tentative parcel map, hethe subdivider may file with the city enqineerplanner. prior to the expiration of the approved tentative parcel map, a revised tentative parcel map on payment of the fees specified in Section 20.08.060. 20.24.090 City engineer—DirtiesOther department and agency review. The city engineer is authorized and directed to carry out the duties assigned to him by this title including, but not limited to. the following: A. Within five workinq days after a tentative parcel map has been filed, the city planner shall transmit copies of the tentative parcel map toqether with accompanvinq information to such public aqencies and public and private utilities as the citv planner determines may be concerned. Each of the public aqencies and utilities may, within ten workinq days after the map has been sent to such aqencv. forward to the city planner a written report of its findinqs and recommendations thereon. B The city planner shall Oobtain the recommendations of other city departments, governmental agencies or special districts as may be deemed appropriate or necessary by the city enqineerplanner in order to carry out the provisions of this title; (2) Investigate each tentative parcel map filed pursuant to this chapter and indicate by written report the kind, nature and extent of improvements required to be installed on or to serve the land to be divided. (3) Refer to the city planner for report and to the planning commission for decision on any tentative parcel map containing proposed panhandle or fiag shaped lots that do not meet the minimum lot width requirements of the zone but which may be permitted pursuant to Title 21. The processing of such maps shall be deferred until the planning commission has determined whether or not to approve the panhandle lots. If such lots are not approved, the oity engineer shall disapprove the map. If suoh lots are approved by the planning commission the city engineer shall continue to process tho map in accord with this chapter; (4) Approve, conditionally approve or disapprove tentative parcel maps, and report as provided in this chapter the approval, conditional approval or disapproval directly to tho subdivider; (§) Waive the requirement for filing and recordation of a parcel map for certain subdivisions as provided for in this titie. 20.24.100 Assignment of certain responsibilities to the city engineerplanner. Page 41 EXHIBIT 3 _The responsibilities of the city council pursuant to Sections 66473.5, 66474. 66474.1 and 66474.6 of the Subdivision Map Act and the responsibilities of the planning commission pursuant to Section 65402 of the Government Code and Section 2.24.065 of this code are assigned to the city enqineerplanner with respect to those tentative parcel maps filed pursuant to this chapter. 20.24.110 Action of the city engineer. Within five working days after a tentative parcel map has been filed, the city engineer shall transmit copies of the map together with accompanying information to such public agencies and public and private utilities as the city engineer determines may be concerned. Each of the public agencies and utilities may, within ten working days after the map has been sent to such agency, fonft^ard to the city engineer a written report of its findings and recommendations thereon. 20.24.116 Notice to affected property owners. Within five working days after the tentative parcel map has been filed, the oity engineer shall notify by first class mail all property owners as shown on the last equalized assessment rolls within a radius of three hundred feet of the proposed project that the tentative parcel map has been filed. Each such person may request in writing the opportunity to be heard on the tentative parcel map. Such written request must be filed with the city engineer within fifteen days after the mailing of the notice. Failure to so file shall be deemed a waiver of the rights under this section. If written request to be heard is filed by any property owner receiving such notice, the property owner shall receive all notices required by Section 20.24.120 and may request or shall be permitted to be heard at a review pursuant thereto. The notice required by this section shall include a brief description of the project as proposed on the tentative parcel map and shall inform each property owner of their rights pursuant to this section.Whenever a tentative parcel map is for the conversion of existing residential real property to a condominium project, community apartment project or stock oooperative project, the notice required by this section shall be sent to all tenants of the project. The failure by any person to receive the notice specified herein shall not invalidate any action taken pursuant to this titie. 20.24.116 Conversion of mobile home parks. At the time of filing a tentative parcel map for a subdivision to be created from the conversion of a mobile home park to another use, the subdivider shall also file a report specified by Section 21.37.110(b)(3) of this code. In determining the impact of the conversion on displaced mobile home park residents, the report shall address the availability of adequate replacement space in mobile home parks. The subdivider shall make a copy of the report available to each resident of the mobile home park within fifteen days of the filing of the tentative parcel map. The subdivider shall also provide all notices required by Section 21.37.120 of this code. The oity engineer may require the subdivider to take steps to mitigate any adverse impact of the Gonversion on the ability of displaced mobile homo park residents to find adequate spaoo in a mobile home park, and shall make all the findings required by Section 21.37.120. 20.24.447110 Proof of notice—Minor subdivisions. A ^Whenever the subdivider is required by this title or the Subdivision Map Act to give any notice or provide any report or information to any person other than the city, the subdivider shall submit proof sufficient to allow the city enqineer planner to find that the notice Page 42 EXHIBIT 3 has been given or the reports or information provided. Such proof may include declarations under penalty of perjury. 20.24.115 Notices. A. Notice of an application for a tentative parcel map shall be qiven pursuant to the provisions of Section 21.54.061 of this titie and the followinq: 1. At least ten calendar days prior to a decision on the application, written notice shall be qiven as follows: a. Notice bv mail. Mailed or delivered to: i. The owner of the subiect real property or the owner's duly authorized aqent: ii. The subdivider and/or the subdivider's representative: iii. All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subiect of the tentative parcel map. In lieu of utilizinq the assessment roll, records of the county assessor or tax collector that contain more recent information than the assessment roll mav be used. If the number of owners to whom notice would be mailed or delivered pursuant to this subsection is qreater than one thousand, in lieu of mailed or delivered notice, notice may be qiven by placinq a display advertisement of at least one-eiqhth page in at least two newspapers of qeneral circulation within the city. iv. All occupants within one hundred feet of the subiect property and to the area office ofthe California Coastal Commission. This reguirement applies to minor coastal development permits onlv. V. Any person who has filed a written reguest for notice with the city clerk. The citv clerk shall charge a fee established by citv council resolution which is reasonably related to the costs of providing this service. Each reguest shall be annually renewed. vi. When a tentative parcel map is for the conversion of existing residential real property to a condominium proiect. community apartment proiect or stock cooperative proiect. the notice reguired bv this section shall be sent to all tenants of the proiect. 2. Once notice has been given in accordance with this section, any person mav file written comments or a written reguest to be heard within ten calendar davs of the date of the notice. If a written reguest to be heard is filed, the citv planner shall: a. Schedule an administrative hearing: and b. Provide written notice at least five calendar days prior to the date of the administrative hearing to the owner of the subiect real property or the owner's duly authorized agent, the proiect applicant and/or applicant's representative, and any person who filed written comments or a written reguest to be heard. Page 43 EXHIBIT 3 B. The failure by any person to receive the notice specified herein shall not invalidate any action taken pursuant to this title. 20.24.120 Consideration of tentative parcel map—Notice of decisionDecision-making authority. A. The city planner shall have the authority to approve, conditionally approve or deny a tentative parcel map based upon review of the facts as set forth in the application, the circumstances of the particular case, and evidence presented at an administrative hearing if one is conducted pursuant to the provisions of Section 21.24.110 of this titie. B. The citv planner may approve or conditionally approve the tentative parcel mapjf all of the findings offset in Section 20.24.130 of this chapter are found to exist. 1. Whenever the city planner approves or conditionally approves a tentative parcel map providing for supplemental size of improvements, the establishment of benefit districts, the execution of reimbursement agreements or the setting of fees under any of the provisions of Sections 20.08.130 or 20.08.140: Chapter 20.09: or Sections 20.16.041. 20.16.042 or 20.16.043. the map shall be fon/varded to the city council, which shall hold a public hearing on the issue of the improvements. 2. Any decision to approve or conditionally approve a tentative parcel map shall include a description, pursuant to the provisions of this title, of the kind, nature and extent of anv improvements reguired to be constructed or installed in or to serve the subdivision. However, where the city planner does not prescribe the kind, nature or extent of the improvements to be constructed or installed, improvements shall be constructed and installed in accordance with the city standards. 3. Any decision to disapprove a tentative parcel map shall be accompanied by a finding, identifying the reguirements or conditions which have not been met or performed. (a) Within fifty calendar days after a tentative parcel map is filed, the oity engineer shall approve, oonditionally approve or disapprove such map. The time limit specified in this paragraph may be extended by mutual consent of the applicant and the city engineer. If the tentative parcel map is disapproved, the reasons therefor shall be stated in the notice of disapproval. (b) The city engineer shall notify the subdivider of his preliminary decision to conditionally approve or disapprove a tentative parcel map, along with the conditions of Gonditional approval or the reasons for disapproval, within forty days after the tentative parcel map is filed, ff the applicant is dissatisfied with suoh preliminary deoision or with any condition pertaining thereto, he may request in writing that such preliminary decision be reviewed. Suoh request must be received by the oity engineer within ten calendar days after the date of the preliminary decision but in no case later than forty nine calendar days after the tentative parcel map is filed. Upon receipt within the time prescribed of the written request for review of a preliminary deoision, the city engineer shall arrange a time and place for suoh review and shall notify the applicant and appropriate city departments and agencies thereof In the event that a review cannot be arranged or completed prior to fifty days after the tentative parcel map is filed, the request for review shall be deemed to oonstitute consent of the applicant to extend for a Page 44 90 EXHIBIT 3 reasonable period not to exceed ten working days the time limit in which the oity engineer must approve, conditionally approve or disapprove the tentative parcel map. After completion of the review, the city engineer shall render his final approval, conditional approval or disapproval of the tentative parcel map as provided in this section. In the event no written request for review is received within the time prescribed, the preliminary decision shall become final and the subdivider shall be so notified as provided in this section. (e) The subdivider shall be informed of the preliminary decision and of the final decision of the oity engineer by written notice. Notice shall be deemed to have been given upon deposit ofthe notice in the United States mail with postage thereon prepaid. 20.24.130 Disapproval of tentative parcel mapReguired Findings. A ^The city engineer decision-making authority shaH—netmay approve^ OJ: conditionally approve a tentative parcel map under any of the followinq circumstancesif all of the findinqs in Section 20.12.091 of this titie and the followinq findinqs are made: {^ The land proposed for division is a lot or parcel which was part of a parcel map which was approved or recorded less than two years prior to the filing for approval of the subject tentative parcel map where the total number of lots created by all maps exceeds four; (21}. The land proposed for division was is a lot or parcel created Illegally, oj: tmless-the lot or parcel has been approved by the city engineer or, on appeal, by the city council and a certificate of compliance relative thereto has been filed with the county recorder; (32). The subdivision does not proposes createioFi—ef five or more lots., inclusive of the total number of lots in a parcel map of which the subiect land is a part of and which was approved or recorded less than two years prior to the fillinq of the subiect tentative parcel map: (4) The city engineer finds that the tentative parcel map does not meet tho requirements of this title or Title 21 or that all approvals or permits requirod by Title 21 for the project have not been given or issued; (§3). The land proposed for division is not a lot or parool that was part of an approved tentative parcel map wherein the parcel map requirement was waived pursuant to provisions of this division and a certificate of compliance has been filed with the county recorder pursuant to Chapter 20.48 of this title; (§) The oity engineer makes any of the following findings: (a) The proposed map is not consistent with applicable general and specific plans and applicable provisions of Title 21 (b) The design or improvement of the proposed subdivision is not Gonsistent with applicable general and specifio plans, and applicable provisions of Titie 21 (G) The site is not physically suitable for the type of development. Page 45 qi development, EXHIBIT 3 (d) The site is not physically suitable for the proposed density of (e) The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; unless an environmental impact report was prepared in respect to the project and a finding was made pursuant to Section 21081.(c) of the Public Resources Code that specific economic, social or other considerations make infeasibie the mitigation measures or project alternatives identified in the environmental impact report, (f) The design of the subdivision or the type of improvements is likely to cause serious public health problems, (g) The design of the subdivision or the type of improvements will confiict with easements of record or easements established by court judgment, acquired by the public at large, for access through or use of property within the proposed subdivision. In this connection, the city engineer may approve a map if he finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public, (h) In the case of the conversion of residential real property to a condominium project, community apartment project or stock cooperative project, that any of the notices to tenants required by law have not been or will not be given. Any decision to disapprove a tentative parcel map shall be accompanied by a finding identifying the requirements imposed by the Subdivision Map Act and this title or the conditions of approval which have not been met or performed, (i) Subject to the exceptions contained in Section 66474.4 of the State Govornment Code, that tho property is subject to a contract entered into pursuant to the Land Consorvation Act of 1965 (Williamson Act) and the parcels resulting from the subdivision would be too small to sustain agricultural use. The determination of ability to sustain agricultural use shall be made aooording to the provisions of Section 66474.4 of the State Government Code. Section 20.24.135 20.24.135 Announcement of decision and findings of fact A. When a decision on a tentative parcel map is made pursuant to this chapter, the decision-makinq authority shall announce its decision and findinqs in writinq. B. The announcement of decision and findinqs shall include: 1. A statement that the tentative parcel map is approved, conditionally approved, or denied: 2. The facts and reasons which, in the opinion of the decision-makinq authority, make the approval or denial of the tentative parcel map necessary to carry out the Page 46 EXHIBIT 3 provisions and qeneral purpose of this title: 3. Such conditions and limitations that the decision-makinq authority may impose in the approval of the tentative parcel map. C. The announcement of decision and findinqs shall be mailed to: 1. The owner of the subiect real property or the owner's duly authorized aqent. the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the planninq division: 2. Any person who has filed a written request for a notice of decision: 3. Any person who filed a written request for an administrative hearinq or to be heard at an administrative hearinq. Section 20.24.140 through 20.24.180 20.24.140 Effective date and Aappeals to tho city council. A. Decisions on tentative parcel maps shall become effective as of the date specified bv the decision-makinq authority unless appealed and processed in accordance with the provisions of Section 21.54.140 of this code and Section 66452.5 of the Subdivision Map Act. (a) Tho subdivider may appeal any action of the city engineer with respect to a tentative parcel map or adjustment plat to the city council as provided in Section 66452.5 of tho Subdivision Map Act. (b) Any interested person may appeal to the city council from any decision of tho oity enginoor mado rolative to a tentativo parcel map or adjustment plat. Any such appellant shall be entitied to tho same notice and rights regarding testimony as apply to the subdivider under Section 66452.5 ofthe Subdivision Map Act. (G) Tho city council shall hold a public hearing on the appeal, and notice thereof shall be given as provided in Section 66451.3 of the Subdivision Map Act. Any interested person may appear at such hearing and shall be heard. (d) Tho oity oounoil shall hold the hearing and act on the map within the time limits prescribed by tho Subdivision Map Act. (e) Notioo of any final docision of tho oity engineer pursuant to this chapter shall be mailed to all property owners as shown on the latest equalized assessment rolls and persons in possession, if difforont, within three hundred feet of the proposed project. Such notice shall inform each owner of tho appeal rights under this section. (f) Appeals undor this section may bo made by filing a written notioo of appeal with tho oity clerk within ten calendar days of the date of the docision. Fees for filing an appeal under this section shall be established by rosolution of the city council. Page 47 93 EXHIBIT 3 20.24.150 Waiver of parcel map. (a)A, Other provisions of this title to the contrary notwithstanding, the requirement that a parcel map be prepared, filed with the city engineer and recorded may be waived, provided a finding is made by the city engineer or, on appeal, by the planninq commission or citv council, that the proposed subdivision complies with the requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection and other requirements of this title and the Subdivision Map Act and with the requirements of the public facilities element of the general plan and the provisions of Chapter 20.44 of this title which would otherwise apply to the proposed subdivision. (b) B, An applicant for a minor subdivision pursuant to this section shall pay the fee prescribed by Section 20.08.060 for tentative parcel maps and shall tile an application and request for parcel map waiver which shall contain sufficient information in the opinion of the city engineer to enable the city engineer or, on appeal, the planninq commission or citv council, to make the flndings required by this section. The following types of subdivisions are deemed to comply with the flndings required by this section for waiver of the parcel map unless the city engineer or, on appeal, the planninq commission or citv council flnds, based on substantial evidence that public policy necessitates a parcel map, such map shall not be required for the following: (1) . Short-term leases, terminable by either party on thirty days' notice, of a portion of the operating right-of-way of a railroad corporation deflned as such by Section 230 of the Public Utilities Code; (2) . Land conveyed to or from a governmental agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way shall include a fee interest, a leasehold interest, an easement or a license. (G)C, The following minor subdivisions, provided dedications or improvements are not required by the city engineer, or on appeal the planninq commission or citv council, as condition of approval in the absence of evidence to the contrary, are deemed to comply with the flndings required by this section for waiver of the parcel map: (1) . A minor subdivision wherein each resulting lot or parcel contains a gross area of forty acres or more, or each of which is a quarter-quarter section or larger; (2) . A minor subdivision only for the purpose of leasing the lots resulting from such subdivision; (3) . A major subdivision as specified in Section 20.20.050 of this title. (d)D, The processing of any application pursuant to this section shall be subject to the same time requirements and appeal-procedures as are provided in this title for tentative parcel maps. The city enqineer's decision to waive a parcel map may be appealed in the same manner as the appeal of city planner decisions pursuant to the provisions of Section 21.54.140 of this code. In any case, where waiver of the parcel map is granted by the city engineer, or on appeal by the planninq commission or citv council, the city engineer shall cause to be tiled for record with the county recorder a certiflcate of compliance pursuant to Chapter 20.48 of this title. Page 48 9^ EXHIBIT 3 20.24.160 Expiration of tentative parcel map. A. The provisions for the expiration of tentative maps specifled in Section 20.12.100 of this title shall be applicable to tentative parcel maps. B. Prior to the expiration of the tentative parcel map, a parcel map conforminq to the requirements of Chapter 20.32 of this title mav be flIed with the city enqineer for approval. The parcel map shall be deemed flled on the date it is received by the citv enqineer. Once a timely and complete fliinq has been made pursuant to this section, subsequent actions of the city, indudinq. but not limited to. processinq. approvinq and recordinq. mav occur after the date of expiration of the tentative map. (a) The approval or conditional approval of a tentative parcel map shall expire twenty-four months from the date the map was approved or conditionally approved unless it has been extended in accord with Section 20.24.180 of this chapter; however, for the time period beginning with the effective date of Ordinance No. CS-032 and continuing for three years thereafter, a tentative map shall expire thirty-six months from the date it was approved or conditionally approved. The thirty six month extended time shall expire three years from the effective date of Ordinance. No. CS-032 unless prior to that time, the city council amends this provision. (b) The period of time specified in subsection (a) of this section shall not include any period of time during which a development Moratorium imposed after approval of the tentative parcel map is in existence provided, however, that the length of such moratorium does not exceed five years. Once such a moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time the moratorium was imposed. However, if the remaining time is less than one hundred twenty days, the map shall be valid for one hundred twenty days following the termination of the moratorium. (G) The period of time specifled in subsection (a) of this section including any extension thereof granted pursuant to Section 20.24.180 shall not include any period of time during which a lawsuit involving the approval or conditional approval of the tentative parcel map is or was pending in a court of competent jurisdiction, if a stay of such time period is approved by the city engineer pursuant to this subsection. An application for a stay must be flled by the subdivider in writing with the city engineer within ten days of service of the initial petition or complaint in the lawsuit upon the city. The application shall state the reasons for the requested stay and include the names and addresses of all parties to the litigation. The oity Engineer shall notify all parties to the litigation of the date when the application will be decided by the oity engineer. Within forty days after receiving the applioation. the oity engineer shall approve or conditionally approve the stay for up to five years or deny the requested stay. (d) Within twenty four months after the approval or conditional approval of the tentative parcel map, or within the period of any extension thereof, the subdivider may flIe with tho oity engineer a parcel map in substantial conformance with the tentative parcel map as approved or conditionally approved and in conformance with the Subdivision Map Act and this titlp (e) The expiration of the approved or oonditionally approved tentative parcel map shall terminate all proceedings and no parcel map for all or any portion of the real property included in the tentative parcel map shall be flled without flrst processing a new tentative map or tentative parcel map. Once a timely and complete tiling of a parcel map has been made Page 49 EXHIBIT 3 pursuant to this code subsequent actions of the city, including but not limited to, processing, approving and recording may occur after the expiration of the tentative parcel map. 20.24.180 Extension of tentative parcel map. A. The provisions for the extension of tentative maps specifled in Section 20.12.110 of this title shall be applicable to tentative parcel maps. (a) The subdivider may request an extension of the approved or conditionally approved tentative parcel map by tiling a written application with the city engineer prior to expiration. The application shall be on a form promulgated by the city engineer and state the reasons for the requested extension. The application shall be tiled at least twenty days and not more than ninety days prior to the date of expiration of the map, and in sufficient time to be processed administratively and potentially be reviewed in an appeal to the city council, prior to the expiration of any applicable automatic extension. (4) Timely application shall automatically extend the tentative parcel map for a maximum of sixty days, or until the application for the extension is approved, conditionally approved or denied, whichever occurs first. (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. No extension shall be granted or conditionally granted unless the city engineer (or city oounoil, on appeal) finds: that the design and improvement ofthe subdivision are consistent with the general plan, Tities 20 and 21 of this code, and any public facility or development 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 conourrent with the tentative parcel map; and that such 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 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 conditions and may revise existing conditions. (i) All related oity permits or approvals for maps whioh have not expired as of July 15, 2008, and which will expire before January 1, 2011, which are automatically extended by Government Code Section 66452.21, shall likewise be automatically extended to expire oonourrently with the vesting tentative map, tentative map, or tentative parcel map. (U) This section shall automatically sunset on January 1, 2011 unless Government Code Section 66452.21 is extended by the state legislature, in which case this provision shall remain in effect concurrently with the effective date of the state law. (b) The decision of the city engineer is final and effective fifteen calendar days after the adoption of the resolution of deoision, unless within such fifteen day period the applicant or any other interested person files a written appeal with the city clerk. An individual member of the Page 50 EXHIBIT 3 city council can be an interested person. The written appeal shall specifically state the reason or reasons for the appeal and tho manner in which the decision of the city engineer is in error. The decision of the city engineer shall be affirmed by the city council unless the appellant shows by a preponderance of the evidonoe that the decision of the city engineer is in error, inconsistent with state law, tho general plan, any applicable local coastal program or specific plan, master plan, zoning ordinance or policy of the city. Upon the filing of an appeal, the city clerk shall set the matter for public hearing. Such hearing shall be held within thirty days after the date of filing the appeal. Within ten days following the conclusion of the hearing, the city council shall render its decision on the appeal. The decision ofthe city council is final. Section 20.24.185 20.24.185 Tentative parcel map amendment A. The provisions for amendments to tentative maps specified in Section 20.12.120 of this title shall be applicable to tentative parcel maps. AMENDMENTS TO CHAPTER 20.32 PARCEL MAP REQUIREMENTS 20.32.010 20.32.020 20.32.030 20.32.040 20.32.050 20.32.060 20.32.070 20.32.080 List of Sections in Chapter 20.32 Maps to conform to requirements of city engineer and city councilapproved tentative parcel map. City engineer to approve parcel maps. Land subject to inundation. Additional certificates on parcel maps. Title company subdivision guarantee. Stamping or printing of certificates. Additional data on parcel maps. Transmittal of parcel maps. Section 20.32.010 through 20.32.020 20.32.010 Maps to conform to requirements of city enginoor and citv councilapproved tentative parcel map. A ^All parcel maps shall conform to the requirements of the Subdivision Map Act and this chapter and also shall conform to the requirements specified in the approval or conditional approval of report of tho citv engineer approving or f^nnditinnnlly •npprnving thp tentative parcel map, unless an appeal is mado by the subdivider to the city council and tho oity council modifies, rejects or ovorrulos tho recommendations of the city engineer, in which event the map also shall conform to the requirements of the oity enginoor as modified by tho oity oounoil and tho requirements imposed by the city council. 20.32.020 City engineer to approve parcel maps. Page 51 c|7 EXHIBIT 3 A. The city enqineer is authorized to approve or deny parcel maps. B, ^The city engineer shall not consider a parcel map unless there is a valid tentative parcel map for the subdivision. C; No parcel map shall be filed in the office of the county recorder until approved by the city engineer, but such map shall be disapproved only for failure to meet or perform requirements or conditions which were applicable to the subdivision at the time of approval of the tentative parcel map, providing that any such disapproval shall be accompanied by a tinding identifying the requirements or conditions which have not been met or performed. The city engineer may waive any failure of the map to meet such requirements and conditions if such failure is a result of a technical and inadvertent error, which in the determination of the city engineer doesn't materially affect the validity of the map. AMENDMENTS TO CHAPTER 20.36 ADJUSTMENT PLATS List of Sections in Chapter 20.36 20.36.010 Purpose of chapter. 20.36.020 Applicability. 20.36.030 Application. 20.36.040 ApprovalDecision-makinq authority. 20.36.050 Revised adjustment plat. 20.36.060 Conditions of approval. 20.36.070 Certification. 20.36.075 Announcement of decision and findinqs of fact. 20.36.080 Appeal of city enqineer decision. Section 20.36.030 through 20.36.040 20.36.030 Application. A ^An application for approval of an adjustment plat shall mav be made by the owner of the property affected filed with tho oity enqineer accompanied by such information as the oity engineer may require and by a fee established by city council resolution. The application shall also be accompanied by an adjustment plat of a size and form prescribed by the city engineer whioh shall bear tho signature of the owners of the property involved and by a title report for the property. The oity engineer may refer copies of suoh plat to other publio agencies for review and oomment.or the authorized aqent of the owner. The application shall: 1. Be made in writinq on a form provided by the city enqineer: 2. State fully the circumstances and conditions relied upon as qrounds for the application: and 3. Be accompanied by adequate plans, a leqal description of the property involved, data specitied by this title and all other materials as specitied bv the city enqineer. Page 52 EXHIBIT 3 B. At the time of filinq the application, the applicant shall pay the application fee contained in the most recent fee schedule adopted bv the city council. C. If siqnatures of persons other than the owners of property makinq the application are required or offered in support of or in opposition to, an application, they may be received as evidence of notice havinq been served upon them of the pendinq application, or as evidence of their opinion on the pendinq issue, but thev shall in no case infrinqe upon the free exercise of the powers vested in the citv as represented by the citv enqineer and the city council. D. The city enqineer shall not accept an adiustment plat for processinq unless the city enqineer finds that: 1. The requirements of Title 19 of this code have been met: 2. The adiustment plat is consistent with the provisions of Title 21 of this code and that all approvals and permits required bv Title 21 for the proiect have been qiven or issued. 20.36.040 ApprovalDecision-making authority. A. The city enqineer shall approve the adiustment plat if the city enqineer finds that the request complies with the requirements of this chapter.After an application for approval of nn adjustment plat has been filod in accord with this chapter, the city engineer may approve, conditionally approve or disapprove such plat. The applicant shall be notifiod in writing of tho city engineer's action. Section 20.36.070 20.36.070 Certification. (a)A If the city engineer determines that the adjustment plat meets all the requirements of the municipal code and that any conditions imposed have been satisfied, he/she shall certify on the adjustment plat that it has been approved pursuant to this chapter^ notify the city planner7_aiid file it in the engineering department. The citv engineer shall-af^d cause to be filed with the county recorder a certificate of compliance, having as an attachment a copy of the approved adjustment plat. (b) B, In addition to the procedures established by subsection (a) of this section, a lot line adjustment may be effectuated by the recordation of the deed or record of survey; provided, however, that such deed or record of survey shall not be recorded unless it contains a certification by the city engineer that all the requirements of this chapter and any condition imposed pursuant to this chapter have been satisfied and further provided that a copy of the adjustment plat shall be attached to the deed or record of survey. Section 20.36.075 20.36.075 Announcement of decision and findings of fact Page 53 EXHIBIT 3 A. When a decision on an adiustment plat is made pursuant to this chapter, the decision-making authority shall announce its decision and findings in writing. B. The announcement of decision and findings shall include: 1. A statement that the adiustment plat is approved, conditionally approved, or denied: 2. The facts and reasons which, in the opinion of the decision-making authority, make the approval or denial of the adiustment plat necessary to carry out the provisions and general purpose of this titie: 3. Such conditions and limitations that the decision-makinq authority may impose in the approval ofthe adiustment plat. C. The announcement of decision and findinqs shall be mailed to: 1. The owner of the subiect real property or the owner's duly authorized aqent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the enqineerinq division. Section 20.36.080 20.36.080 Appeal of citv engineer decision. A^-—The city enqineer's approval or denial of a final map may be appealed to the citv council, subiect to the same requirements for appeals of planninq commission decisions specified in Section 21.54.150 of this code.Anv interested person may appeal any action of the city engineer pursuant to this chapter to the city council as provided in Section 20.24.140 of this titln AMENDMENTS TO CHAPTER 20.40 REVERSIONS TO ACREAGE List of Sections in Chapter 20.40 20.40.010 Reversions to acreage by final map. 20.40.020 Initiation of proceedinqs by ownersApplication. 20.40.030 Initiation of jjrooeedings by oity oouncil. 20.40.04030 Data for reversion to acreage. 20.40.040 Notices and hearinqs. 20.40.050 Decision-makinq authority. 20.40.050 Proceedings before the city oouncil. 20.40.055 Required findinqs. 20.40.060 Conditions of approval. 20.40.065 Announcement of decision and findinqs of fact. 20.40.070 Return of fees and deposits—Release of securities. Page 54 EXHIBIT 3 20.40.080 Delivery of final map. 20.40.090 Effect of filing reversion map with the county recorder. Section 20.40.010 through 20.40.050 20.40.010 Reversions to acreage by final map. A^ Subdivided property may be reverted to acreage pursuant to the provisions of this chapter. 20.40.020 initl.itinn of procQedings by ownersApplication. A. The citv council, on its own motion, mav bv resolution initiate proceedings to revert property to acreage and direct the city enqineer to obtain the necessary information to initiate and conduct the proceedings; or B. An application to revert subdivided property to acreage mav be made bv the owner of the property affected or the authorized agent of the owner. The application shall: 1 • Be made in writing on a form provided bv the citv engineer; 2. State fully the circumstances and conditions relied upon as qrounds for the application: and 3. Be accompanied bv all data specified in Section 20.40.030 of this Chapter and all other materials as specified bv the citv enqineer. C. At the time of filing the application, the applicant shall pav the application fee contained in the most recent fee schedule adopted bv the citv council. D. If siqnatures of persons other than the owners of property making the application are required or offered in support of or in opposition to. an application, thev mav be received as evidence of notice havinq been served upon them ofthe pendinq application, or as evidence of their opinion on the pendinq issue, but thev shall in no case infrinqe upon the free exercise of the powers vested in the citv as represented bv the citv engineer and the citv council. E. The citv engineer shall not accept an application to revert subdivided property to acreage for processinq unless the citv engineer finds that: 1. The reguirements of Title 19 of this code have been met: 2. The application to revert subdivided property to acreage is consistent with the provisions of Title 21 of this code and that all approvals and permits reguired by Title 21 for the proiect have been given or issued. ProGoodings to revort subdivided property to aoreago may be initiated bypetition of all of tho owners of rocord of tho property. The petition shall be in a form proscribed by the oity engineer. The petition shall contain the information requirod by Section 20,40.0^0 and such other information as required by tho city engineer. Page 55 EXHIBIT 3 20.40t030 Initiation of procoodings by city council. The city council, at tho roquost of any person or on its own motion, may by resolution initiate proceedings to revert property to acreage. The city council shall direct the city engineer to obtain the necessary information to initiate and conduct the proceedings. 20.40.04030 Data for reversion to acreage. A. Petitioners Applicants for a reversion to acreage shall file the following: (1). Evidence of title to the real property; and (2.) Evidence of the consent of all of the owners of an interest(s) in the property; or (3) . Evidence that none of the improvements required to be made have been made within two years from the date the final map or parcel map was filed for record or within the time allowed by agreement for completion of the improvements, whichever is later; or (4) . Evidence that no lots shown on the final or parcel map have been sold within five years from the date such final or parcel map was filed for record; or (5) . A tentative map in the form prescribed by Chapter 20.12 of this title; or (6) . A final map in the form prescribed by Chapter 20.20 of this title which delineates dedications which will not be vacated and dedications required as a condition to reversion. 20.40.050 Proceedings boforo the city council. (a) A public hearing shall be held before tho oity counoil on all petitions for, and oity council initiations for, reversions to acroage. Notice of tho public hearing shall be given as provided in Section 66451.3 of the Subdivision Map Act. The city enginoor shall also mail a written notice to all property owners as shown on the latest equalized assessment rolls or persons in possession, if different, within a radius of throo hundred foot of the proposed project within the time limits as specified in Section 66451.3 ofthe Subdivision Map Act. 20.40.040 Notices and hearings. A. Notice of the public hearing for an application to revert subdivided property to acreage shall be given pursuant to Section 21.54.060 and 21.54.061 of this code. B. Failure by anv person to receive notice specified in this section shall not invalidate anv action taken pursuant to this title. 20.40.050 Decision-making authority. A. The city council shall have the authority to approve, conditionally approve or deny a reversion of subdivided property to acreage based upon its review of the facts as set forth in the application if one is reguired and submitted pursuant to this chapter, the circumstances ofthe particular case, and evidence presented at a public hearing. Page 56 /OP EXHIBIT 3 B. The city council may approve or conditionally approve the reversion of subdivided property to acreage if all of the findings of fact in Section 20.40.055 of this chapter are found to exist. Section 20.40.055 20.40.055 Reguired findings. (b)A, The city council may approve a reversion to acreage only if it finds and records in writing that: (1)^ Dedications or offers of dedication to be vacated or abandoned by the reversion to acreage re unnecessary for present or prospective public purposes, and (2) , Either: a. All owners of an interest in the real property within the subdivision have consented to reversion, or (3) Tb, None of the improvements required to be made have been made within two years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later, or (4) TC, No lots shown on the final or parcel map were filed for record. Section 20.40.060 20.40.060 Conditions of approval. A. The city council mavshall require as a condition of the reversion: (4)1 The dedication or offer of dedication of streets or easementsnecessary for the purposes specified bv this title following reversion: (2)2, The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the provisions of this titie. Section 20.40.065 20.40.065 Announcement of decision and findings of fact A. When a decision on a reversion to acreage is made pursuant to this chapter, the city council shall announce its decision and findings bv formal resolution. B. The announcement of decision and findings shall include: Page 57 |03 EXHIBIT 3 A statement that the tentative map is approved, conditionally approved, or denied: 2. The facts and reasons which, in the opinion of the city council, make the approval or denial of the reversion to acreage necessary to carry out the provisions and general purpose of this title: 3. Such conditions and limitations that the city council mav impose in the approval of the reversion to acreage. C. The announcement of decision and findings shall be mailed to: 1. The owner of the subiect real property or the owner's duly authorized agent, the subdivider and/or the subdivider's representative at the address or addresses shown on the application filed with the planning division; 2. Any person who has filed a written reguest for a notice of decision. AMENDMENTS TO CHAPTER 20.44 DEDICATION OF LAND FOR RECREATIONAL FACILITIES List of Sections in Chapter 20.44 20 44. 010 20 44 020 20 44 030 20 44 040 20 44 050 20 44 060 20 44 070 20 44 080 20 44 090 20 44 100 20 44 110 20 44 120 20 44 130 Purpose. Requirements. General standard. Standards and formula for dedication of land. Standards for fees in lieu of land dedication. Determination of land or fee. Alternate decision making bodvReserved. Amount of fee in lieu of land dedication. Limitation on use of land and fees. Time of commencement of facilities. Alternate procedure—Planned community projects. Exemptions. Credits against fee or land. Section 20.44.040 through 20.44.070 20.44.040 Standards and formula for dedication of land. If the citv councildecision-making authority for the tentative map or tentative parcel map determines that a park or recreational facility is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision, the subdivider shall, at the time of the filing of the final or parcel map, dedicate land for such facility pursuant to the following standards and formula: The formula for determining acreage to be dedicated shall be as follows: Page 58 EXHIBIT 3 Average no. of persons per dwelling unit (based on most recent federal census) 3 park acres per 1,000 population Total number dwelling units of The total number of dwelling units shall be the number permitted by the city on the property in the subdivision at the time the final map or parcel map is filed for approval, less any existing residential units in single-family detached or duplex dwellings. The park land dedication requirement will be reviewed annually effective July 1, and adjusted as necessary by resolution of the city council to refiect the latest federal census data. 20.44.050 Standards for fees in lieu of land dedication. (a)A, If the city councildecision-making authority for the tentative map or tentative parcel map determines that there is no park or recreational facility to be located in whole or in part within the proposed subdivision, the subdivider shall, in lieu of dedicating land, pay a fee equal to the value of the land prescribed for dedication in Section 20.44.040 and in an amount determined in accordance with the provisions of Section 20.44.080 (b) B, If the proposed subdivision contains fifty parcels or less, only the payment of fees shall be required except that when a condominium project, stock cooperative, or community apartment project exceeds fifty dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than fifty. (e)C, ff the decision-making authority for the tentative map or tentative parcel map eitv council requires the subdivider to dedicate land and the amount of land is less than would otherwise be required by Section 20.44.040 for that subdivision, a fee equal to the value of the land which would otherwise have been required shall be paid. (d)D If fees are required, they shall be paid by the subdivider prior to the issuance of building permits for the subdivision or prior to the sale of the subdivided property, whichever occurs first. If building permits are issued for a portion of the subdivision or if a portion of the subdivision is sold, only the corresponding portion of the fees shall be paid. The subdivider's obligation to pay the fees shall be noted on the final map. If fees are required, the subdivider shall agree to pay them in accordance with this chapter. The agreement shall be secured in accordance with Section 20.16.070 of this code. The city manager is authorized to sign such agreements on behalf of the city. 20.44.060 Determination of land or fee. A ^Whether the decision-making authority for the tentative map or tentative parcel map oity counoil reguires land dedication or elects to accept payment of a fee in lieu thereof or a combination of both, shall be determined by the decision-making authoritvcitv oounoil at the time of approval of the tentative map or tentative parcel map. In making that determination, the decision-making authority oitv oounoil shall consider the following: (a) ! Park and recreation element of the general plan; (b) 2. Topography, geology, access and location of land in the subdivision available for dedication; Page 59 EXHIBIT 3 (G)3. Size and shape of the subdivision and land available for dedication; (d) 4. The feasibility of dedication; (e) 5. Availability of previously acquired park property. B, ^The determination of the city council as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof shall be final and conclusive. 20.44.070 Alternate decision-making bodvReserved. For purposes of this chapter, the determinations to be made by the city council may be made by the city engineer for minor subdivisions and by the planning commission for subdivisions of fifty units or less. AMENDMENTS TO CHAPTER 20.48 ENFORCEMENT-CERTIFICATES OF COMPLIANCE Section 20.48.010 20.48.010 Enforcement .Whenever the county assessor or the head of any city department finds that the provisions of this titie or of the Subdivision Map Act have been violated, he shall report such violation to the city planner, the community and economic developmenthousing and neighborhood services director and the city engineer. It shall be the duty of the city engineer to investigate such report and enforce the provisions of this title and the Subdivision Map Act. Section 20.48.030 20.48.030 Development permits and approvals withheld. (a)A The city or any other responsible agency shall not issue or grant building, grading or any other permit, or any approval necessary to develop any real property which has been divided or which has resulted from a division in violation of the provisions of the Subdivision Map Act or city ordinances enacted pursuant thereto applicable at the time such division occurred unless the citv engineer or. on appeal, the oitv oounoildecision-making authority for the building, grading, or any other permit, finds that development of such real property is not contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was the owner of record at the time of such violation or whether the applicant therefor is either the current owner of record or vendee of the current owner of record pursuant to a contract of sale of the real property with or without actual or constructive knowledge of the violation at the time of the acquisition of his interests in such real property. (b) B, All applications for permits or approvals necessary for the development of real property shall be reviewed by the city engineer, who shall determine whether the real property has been subdivided or has resulted from a division in violation of the Subdivision Map Act or Page 60 EXHIBIT 3 city ordinances enacted pursuant thereto. The engineer shall also make such a determination upon a receipt of a written request from the owner of such real property or the vendee of the current owner of record pursuant to a contract of sale of the real property or upon receipt of written notification of the authority or body responsible for granting a permit or approval; The city engineer may approve real property for development pursuant to subsection (a) and shall so inform the owner or vendee thereof and the authority or body authorized to issue or grant the permit or approval for development. If it is determined that such real property is approved for development, the city engineer may impose those conditions that would have been applicable to the division of the property and which had been established at such time by the Subdivision Map Act or city ordinances enacted pursuant thereto and are appropriate to satisfy public health and safety considerations and other considerations as are hereinafter specified unless the applicant was the owner of record at the time of the initial violation in which event the city engineer may impose such conditions as would be applicable to a current division of property. If a conditional certificate of compliance has been filed for record under the provisions of Section 20.48.040, only such conditions stipulated in that certificate shall be applicable. If real property is approved for development the city engineer shall cause a certificate of compliance relative to the subject real property and refiecting any conditions of development to be filed with the county recorder pursuant to Section 20.48.040 of this chapter. (^C, In determining whether approval or conditional approval should be granted for development of real property divided or resulting from a division in violation of the Subdivision Map Act or city ordinances enacted pursuant thereto, the city engineer or the city council shall give consideration to: (1) . Whether the owner of the real property can rescind the agreement by which he acquired the real property and recover the consideration paid therefor; (2) . Whether the real property meets the requirements of the applicable zoning regulations; (3) . Whether the real property has a satisfactory potable water supply; (4) . Whether the real property has legal access to a city or county maintained road; (5)^ Whether the current owner would have been required to dedicate land for any public purpose or construct or install any improvements pursuant to the terms of the Subdivision Map Act or city ordinances enacted pursuant thereto had the subdivision by which the real property was created been submitted for approval at the time the current owner acquired the property. (d) D, Approval for development shall be granted for development of real property where improvements have been completed prior to the time a permit or grant of approval was required for development of the property, or for development of real property for which improvements have been completed in reliance on a previous permit or grant of approval for development, unless the city engineer finds that development is contrary to the public health or safety. (e) E, Whenever any person submits an application for a building or any other permit for proposed construction of more than one main building as defined in Title 21 on any single lot or building site, the community development directorcitv engineer shall refer such application Page 61 jOl EXHIBIT 3 together with the plot plan to the city engineer for his determination as todetermine whether such proposed construction would create a subdivision. The permit for such proposed construction shall not be issued unless the city engineer has approved the plot plan and determined that the proposed construction would not constitute a violation of the Subdivision Map Act or this title. (^F A request for development approval or a certificate of compliance shall be accompanied by a fee established by city council resolution. Section 20.48.050 20.48.050 Appeal. A. Decisions on actions of the city engineer made pursuant to this chapter shall become effective unless appealed and processed in the same manner as the appeal of city planner decisions pursuant to the provisions of Section 21.54.140 of this code. Any interested person may appeal any action of the city engineer pursuant to this chapter to the city council as provided in Section 20.24.140 of this title. Page 62 10^ PROOF OF PUBLICATION (2010 & 2011 C.C.P.) This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a of the County aforesaid: I am over th( eighteen years and not a party to or inte the above-entitled matter. I am the princ of the printer of North County Times Formerly known as the Blade-Citizen . Times-Advocate and which newspapers hi adjudicated newspapers of general circu the Superior Court of the County of Sa State of California, for the City of Ocean the City of Escondido, Court Decree 171349, for the County of San Diego, notice of which the annexed is a printed ( in type not smaller than nonpariel), h published in each regular and entire issu newspaper and not in any supplement tl" the following dates, to-wit: September 22"^ 2012 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may be affected, that the City Council of the City of Carisbad will hold a public hearing at the Council Chambers, 1200 Carisbad Village Drive, Carisbad, California, at 6:00 p.m. on Tuesday, October 2, 2012, to consider approval of an amendment to Title 20 of the City of Carisbad Municipal Code (Subdivision Ordinance) to improve the city's development review process. Those persons wishing to speak on this proposal are cordially invited to attend the public hearing. Copies of the agenda bill will be available on and after September 28, 2012. If you have any questions, please contact Kevin Pointer in the Planning Division at (760) 602-4620 or kevin.pointer@carisbadca.gov. If you challenge the Municipal Code Amendment in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City of Carisbad, Attn: City Clerk's Oftice, 1200 Carisbad Village Drive, Carisbad, CA 92008, at or prior to the public hearing. CASE FILE: MCA 12-02 CASE NAME: TITLE 20 DECISION MAKING PUBLISH: September 22, 2012 CITY OF CARLSBAD CITY COUNCIL I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at On Thi [scondido, California ^September 2012 Jane Allshouse NORTH COUNTY TIMES Legal Advertising AM3AV-OD-008-I. UlOd'AjdAe'AAAAM CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD CA 92011 ; jwdn-dod pjoqaj a| JBI^A^J { dp uf^e 3Jnq3eq e| e Z3!|dd^ ap suaS SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 (§)091S (DAII3AV lueqeB 9\ zasijiir j3|ad ^ S3|pe| saudnbii; ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VISTA 200 CIVIC CENTER DR VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND GAME 3883 RUFFIN ROAD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STEB 5201 RUFFIN RD SAN DIEGO CA 92123 SAN DIEGO LAFCO STE 200 9335 HAZARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSION ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-4402 AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 CITY OF CARLSBAD PUBLIC WORKS/ENGINEERING DEPT- PROJECT ENGINEER CITY OF CARLSBAD PROJECT PLANNER MICHAEL MCSWEENEY - BIASD STE 110 9201 SPECTRUM CENTER BLVD SAN DIEGO CA 92123-1407 (s>09is (§}AU3AV NiaBpg dn-dod asodxa au!| 6uo|e puag jadej paaj ®091S 9»B|duj9i ®AJOAV ssn BARONA GROUP OF THE CAPITAN GRANDE EDWIN ROMERO, CHAIRPERSON 1095 BARONA RD LAKESIDE CA 92040 BUREAU OF INDIAN AFFAIRS 2800 COTTAGE WAY SACRAMENTO CA 95825 BUSINESS, TRANS & HSG AGENCY STE 2450 980 NINTH ST SACRAMENTO CA 95814 CA DEPT OF TRANSPORTATION DIV OF TRANSPORTATION PLANNING/COMMUNITY PUNNING 1120 N ST. 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DOUG MUNSON PO BOX 55 POWAY, CA 92074 URBAN WEST STRATEGIES DAVID DE RIENZO 936 E SANTA ANA BLVD SANTA ANA, CA 92701 HOWES WEILER & ASSOCIATES 2888 LOKER AVENUE CARLSBAD, CA 92010 GRANT TUCKER PROPERTIES 1 UPPER NEWPORT PLAZA NEWPORT BEACH, CA 92660 CARLTAS COMPANY CHRIS CALKINS STE 100 5600 AVENIDA ENCINAS CARLSBAD, CA 92008 HG FENTON COMPANY ALLEN JONES STE 200 7577 MISSION VALLEY ROAD SAN DIEGO, CA 92108 SUDBERRY PROPERTIES COLTON SUDBERRY STE 260 5465 MOREHOUSE DR SAN DIEGO, CA 92121 STATE LANDS COMMISSION STE 1005 100 HOWE AVENUE SACRAMENTO, CA 95825 itiquettes faciles a peler Utillsez ie aabarit AVERY® SI60® • Sens de Repliez h la hachure afin de } reveler Ie rebord POO~UD"*^ ! www.avery.com 1-800-GO-AVERY U-T SanBiego P.O. Box 120191, San Diego, CA 92112-0191 AFFIDAVIT OF PUBLICATION CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE ATTN: ACCOUNTS PAYABLE CARLSBAD, CA 92008 STATE OF CALIFORNIA} ss. County of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citizen ofthe United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union-Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in said newspaper in accordance with the instructions of the person(s) requesting publication, and not in any supplement thereof on the following dates, to wit: Sep 22,2012 Chief Clerk for the Publisher NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN to you, because your interest may to© affected, that tlie City Council of the Qty of Carlsbad will bold a puMc heaiiog at tiM Gcooncil Chaiobers, 1200 Carlsbad Village Drive, Carlsbad, Cahfamia, at 6:00 p.m. on Tuesday, October 2, 2012, to considsr approval of an amend- ment to Title 20 of the City of Carlsbad Mimidpal Code (Subdi'i'ision Ordinancel to improv© the city's de^topment review proo^. Tliyose pQisms wishing to speak on this proposal are cordially invilsd to attend the public hearing. Copies of the agenda bill will be available ant and after September 28> 2012. if yon ha?s any questions, plsase Gcntact Kevin Pctoter in the Plarming Divisicm at 1760) 602^620 or kevin.pointerScarlsbadca.gov. If you challenig© the Munimpai Code Amendment in C50urt( you may be Mmited to raising only those issues jou or someone else raised at the public hearing described in this notioi or in written oorrospondence dehveied to the City of Carlsbad, Atti^ Qty Clerk's Office, 1200 Carlsbad "CTage Iktm, Carlsbad, CA 92008, at or prior to the pubUc hearing. CASE FILE: MCAt24iZ CASE NAME: TITLE 20 DlCKilON M&KmG PUBLISH: Smptmxa»t22,W12 CITY OF CABLSBAD CITY COUHCIL Date Affidavit of Publication of Legal Advertisement Ad# 0010668313# ORDERED BY: SHERRY Title 20 Decision Making MCA 12-02 Kevin Pointer October 2, 2012 Purpose To improve the city’s development review process by implementing initiatives identified by the city’s Development Review Process (DRP) Working Group. DRP Working Group Initiatives •Initiative 1: Increase consistency of the permit processes by processing all permit approvals and extensions in the same manner. •Initiative 4: Streamline the discretionary permit approval process by reassigning approval authority to the lowest appropriate decision-making authority. 3 Initiative 1: Permit Process Consistency •Notice of administrative permits •Notice of public hearings •Time extensions •Amendments •Announcement of decision 4 Initiative 4: Decision-Making Levels Modification of decision-making levels to reassign approval authority to the lowest appropriate decision-making authority. 5 Recommendation That the City Council INTRODUCE Ordinance CS- 192, APPROVING an amendment to the City of Carlsbad Municipal Code, Title 20, Subdivisions (MCA 12-02). 6