HomeMy WebLinkAbout2012-10-23; City Council; 21029; TITLE 20 DECISION MAKINGCITY OF CARLSBAD - AGENDA BILL
Clerk
TITLE 20 - DECISION MAKING
MCA 12-02
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Ordinance No. CS-192. amending various sections of Title 20 of the Carlsbad Municipal
Code to improve the City's Development Review Process.
ITEM EXPLANATION:
Ordinance No. CS-192 was introduced and first read at the City Council meeting held on
October 2, 2012. The second reading allows the City Council to adopt the ordinance which will
become effective thirty days after adoption. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See AB #21,023 on file in the Office of the City Clerk.
ENVIRONMENTAL IMPACT:
The proposed amendments are exempt from environmental review pursuant to CEQA Section
15061(b)(3), which exempts project "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 the project are primarily procedural in nature and are not substantial and
will not significantly affect 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.
EXHIBIT:
1. Ordinance No. CS-192.
DEPARTMENT CONTACT: Karen Kundtz 760-434-2808 Karen.Kundtz(5)car!sbadca.aov
FOR CITY CLERKS USE ONLY
COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER-SEE MINUTES •
AMENDED •
16
24
The City Council of the City of Carlsbad, California, does ordain as follows:
EXHIBIT 1
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
y SECTION 1: That the list of sections in Chapter 21.06 of the Carlsbad
Municipal Code is amended to read as follows:
9 20.04.010 Title.
20.04.020 Definitions.
10 20.04.030 Prohibition.
20.04.040 Application 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.
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,
ly 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:
18
19
20 „
20.04.020 Definitions.
21 A. Words used in this title 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 title, they shall have the
meaning ascribed to them in this section:
2-^ 1. "Adjustment plat" means a plat prepared pursuant to Chapter 20.36 of
this title and certified by the city engineer as having been approved pursuant to this title and
filed in the office of the city engineer.
2^ 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.
3. "Bicycle route" means the generic term for all facilities that explicitly
27 provide for bicycle travel by a course which is to be traveled.
28
2
^ I
1 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
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.
4 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
5 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, entitlement or approval required
pursuant to Titles 20 or 21 of this code, or pursuant to any applicable master, specific, or
8 redevelopment plan.
9. "Final map" means a map prepared pursuant to Chapter 20.20 of this title
9 and the Subdivision Map Act which, after approval and recordation, is effective to complete the
subdivision of a major subdivision.
1^ 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
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;
14 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
15 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 title.
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
title and the Subdivision Map Act which, after approval and recordation, is effective to effect the
subdivision of a minor subdivision.
16. "Street" means a state highway, county or city road or street, public road,
23 street, alley or thoroughfare.
17. "Subdivider" means a person, firm, corporation, partnership or association
24 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
21
22
Section 1351 of the Civil Code, or the conversion of five or more existing dwelling units to a
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
considered a division of land for purposes of computing the number of parcels.
2 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
4 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.
5 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
8 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."
19
SECTION 3: That Section 20.04.040 of the Carlsbad Municipal Code is
amended to read as follows:
11
12
13
20.04.040 Application of Subdivision Map Act.
14 A. Except as otherwise 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 title,
B. This title 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,
1^ b. Any parcel of land or portion thereof in conjunction with the
construction of commercial or industrial buildings on a single parcel, unless the project is not
subject to review under other provisions of this code regulating design and improvement.
2Q c. Existing separate commercial or industrial buildings on a single parcel;
2. The construction, financing or leasing of dwelling units and second
2j dwelling 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,
22 3. Mineral, oil or gas leases;
4. Land dedicated for cemetery purposes under the Health and Safety Code
23 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
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;
9. The leasing of, or the granting of an easement to, a parcel of land or any
3 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
4 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
7 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
^ 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
discretionary action pursuant to this code.
11 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
purpose of operating an agricultural labor housing project on the property if all of the following
jy 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.
10
16
19
20
21
22
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 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
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.
28
-4-
b. Environmental Impact Report. With respect to any tentative map
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
approve, or disapprove the tentative map.
3 2. Tentative Parcel Maps.
a. Negative Declaration. Upon receipt of a negative declaration with
4 respect to any tentative parcel map, the decision-making authority may proceed to consider the
tentative parcel map without an environmental impact report.
5 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
8 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.
B. A preliminary soils report may be waived by the city engineer providing the city
^2 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.
13 C. The preliminary soils report may be submitted to the city planner and fon^/arded
to the city engineer for review. The city engineer may require additional information or reject the
14 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
15 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.
2^ C- The decision-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
22 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
23 construction of each structure.
SECTIONS: That Sections 20.04.120 through 20.04.140 of the Carlsbad
Municipal Code are amended to read as follows: 24
25
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.
12
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
4 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
5 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 shoufd 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"
^3 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 open space purposes, 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
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
23 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
22
24
11
12
request for release of a covenant of easement may be consolidated with any other application
for discretionary approval under this code.
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.
SECTION 6: That Sections 20.08.010 through 20.08.040 of the Carlsbad
Municipal Code are amended to read as follows:
1
2
3
4
5
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
additional fee in an amount established by city council resolution shall be paid for the revision of
a vesting tentative map.
j3 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
14 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.
15
20.08.035 Tentative map litigation stay fee.
16 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 Carlsbad
^1 Municipal Code are amended to read as follows:
99
20.08.060 Tentative parcel map fee.
23 A. At the time of submission of a tentative parcel map, there shall be paid a
tentative parcel map examination fee in an amount determined by the city council by resolution.
24
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.
26
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
A. At the time of filing an adjustment plat, there shall be paid an adjustment plat
2 examination fee in an amount determined by the city council by resolution
3 SECTIONS: That Section 20.08.110 of the Carlsbad Municipal Code is
4 amended to read as follows:
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 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.
8 SECTION 9: That Section 20.08.140(k) of the Carlsbad Municipal Code is
9 amended to read as follows
1^ (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
^2 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
^3 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
14 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.
^1 20.12.020 Grading plan.
20.12.030 Preliminary title report.
20.12.040 Size of map.
23 20.12.050 Information on map.
20.12.060 Supplemental information.
24 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 findings.
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-
20.12.120 Tentative map amendment.
1 20.12.130 Vesting tentative maps.
21
SECTION 11: That Sections 20.12.010 through 20.12.015 of the Carlsbad
Municipal Code are amended to read as follows:
2
3
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.
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 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.
^2 20.12.015 Application and time limits for processing
A. An application for a tentative map may be made by the owner of the property
^3 affected or the authorized agent of the owner. The application shall:
1. Be made in writing on a form provided by the city planner;
14 2. State fully the circumstances and conditions relied upon as grounds for
the application; and
15 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.
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;
2. The tentative map is consistent with the provisions of Title 21 of this code
22 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
23 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 title 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 Titles 19 or 21 of this, code, if the subdivider for the tentative map first
27 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
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.
SECTION 12: That Sections 20.12.062 through 20.12.120 of the Carlsbad
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
4 conversion of a mobile home park to another use, the subdivider shall also file 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 pnor 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 findings 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
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
14 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 title 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.
20.12.070 City planner's duties.
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-
C. The city planner shall prepare a staff report to the decision-making authority
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
in the case of a proposed conversion of residential real property to a condominium project,
3 community apartment project, or stock cooperative project at least three days prior to any
hearing or action on such map by the planning commission.
4 D. The city planner shall set the map for public hearing before the planning
commission.
5
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
application, the circumstances of the particular case, and evidence presented at a public
,3 hearing.
B. The planning commission shall hear the matter, and may approve or conditionally
14 approve the tentative map if all of the findings of fact in Section 20.12.091 of this chapter are
found to exist.
15 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.
18 2. Any 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 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.
^1 C. Any decision to disapprove a tentative map shall be accompanied by a finding,
22 identifying the requirements which must be met or perfonned.
23 20.12.091 Required findings.
A. The decision-making authority may approve or conditionally approve a tentative
24 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-
a. Are not likely to cause substantial environmental damage nor
^ substantially and avoidably injure fish or wildlife or their habitat; or
2 b. If an environmental impact report was prepared with respect to the
project, a finding was made, pursuant to Section 21081(a)(3) of the California Public Resources
3 Code, that specific economic, social or other considerations make infeasibie the mitigation
measures or project alternatives identified in the environmental impact report;
4 6. The design of the subdivision or the type of improvements is not likely to
cause serious public health problems;
5 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
8 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;
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
technical and inadvertent error that does not materially affect the validity of the subdivision;
^2 "10- In the case of conversions of residential real property to condominiums,
community apartments or stock cooperatives, all required notices and reports to tenants have
j3 been or will be sent as required by California Government Code Section 66427.1 and other
applicable laws;
14 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:
15 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 and
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.
2Q A. When a decision on a tentative map is made pursuant to this chapter, the
decision-making authority shall announce its decision and findings by formal resolution.
21 B. The announcement of decision and findings shall include:
1. A statement that the tentative map is approved, conditionally approved, or
22 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 findings 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.
-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.
3
20.12.100 Expiration of tentative maps.
4 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
5 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.
8 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
city planner within ten days of the service on the city of the initial petition or complaint in such
^2 lawsuit.
2. The application shall state the reasons for the requested stay and include
j3 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
14 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. The expiration of the approved 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.
20.12.110 Extension of tentative map.
A. Automatic time extension.
22 • 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
23 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. The city 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, subject
28 to the following:
2. Prior to the expiration date of the tentative map, the subdivider shall
-13-
1
10
submit a written request for a time extension, along with payment of the application fee
contained in the most recent fee schedule adopted by the city council.
2 3. Provided the written request for a time extension is timely filed, the
tentative map shall be automatically extended for sixty days or until a decision to approve,
3 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 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
titles 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 titles of this code and growth
management program policies and standards in place at the time the extension is considered.
1 i e- When granting an extension of a tentative map, the city planner
may impose new conditions and may revise existing conditions.
12 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
j3 city planner's decision shall be mailed to the subdivider and to any person who has filed a
written request to receive such notice.
14 ^- City planner decisions on time extensions shall become effective as of the
date specified 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.
1. In addition to the provisions for time extensions specified in 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 subject to the following provisions::
1^ 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
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
improvements of public rights-of-way that abut the boundary of the property and are reasonably
22 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
23 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.
24 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.
-14- ' I
12
D. Extensions of vesting tentative maps shall be governed solely by the provisions
1 of Chapter 20.17 of this title, 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
4 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.
8 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.
3. The map shall contain all of the information required on tentative maps
j3 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
14 within the period of time specified in any extension granted thereto.
15 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
^1 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:
-15-
22
23
20.16.015 Design for passive or natural heating opportunities.
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.
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.
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
accomplished in a successful manner within a reasonable period of time, taking into account
j2 economic, environmental, social and technological factors as the city council may determine.
13 SECTION 15: That Section 20.16.025 of the Carlsbad Municipal Code is
14 amended to read as follows:
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:
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
improvements as are necessary for the use of the lot owners in the subdivision and local
22 neighborhood traffic and drainage needs, and in accordance with city standards;
2. The subdivider install or agree to install all drainage and flood-control
23 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
-16-
1
11
requirements of the water company or agency sen/ing 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
3 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
4 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
each parcel shown on such map contains a gross area of twenty acres or more; provided,
^2 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
^3 standards;
2. Installing all drainage structures and facilities required by the city
14 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
existence of overhead utility services to properties on the opposite side of that half-street
22 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.
23 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 title 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
-17-
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
2 able to install cable television lines in the subdivision. Notwithstanding any such waiver, the
installation of cable television conduits is required.
3 E. The subdivider shall construct or shall cause to be constructed at his cost a
street lighting system conforming to city standards.
4 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.
5 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 othenA/ise 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 final 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
necessary prerequisite to the orderly development of the surrounding area.
SECTION 17: That Section 20.16.060 of the Carlsbad Municipal Code is
amended to read as follows:
11
12
13
14
20.16.060 Agreement to improve
15 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 othenA/ise 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 designated remainder parcel prior to issuance of 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
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
sign such agreements on behalf of the city.
SECTION 18: That Section 20.17.030 of the Carlsbad Municipal Code is
amended to read as follows:
20
21
22
23
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
-18-
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
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.
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
10 parcel map has been approved.
D. If the final map or parcel map is approved prior to the expiration of the vesting
1 ^ tentative map or vesting tentative parcel map, the vested rights conferred by subsection (a) of
this section shall last as follows:
1^ 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
14 parcel map the two-year initial period shall begin for each phase when the final map or parcel
map for that phase is recorded.
15 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
extension of the vested rights at any time before the initial two-year time period expires. An
18 extension may be granted only if the decision-making authority finds that the map still complies
with the requirements of this title. 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
^1 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
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 Carlsbad
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.
20.20.060 Additional data on final subdivision maps.
20.20.070 Record of easements.
20.20.080 Survey data.
4 20.20.090 Lot numbers.
20.20.100 Established lines.
5 20.20.110 Additional certificates on final subdivision maps.
20.20.115 Notice of owner's development lien.
6 20.20.120 Title company certificate and report.
20.20.130 Title 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 final map.
10
21
SECTION 20: That Sections 20.20.010 through 20.20.030 of the Carlsbad
11 Municipal Code are amended to read as follows:
12
20.20.010 Maps to conform to requirements of approved tentative map
13 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
14 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.
D. The city engineer shall not consider a final map unless there is a valid tentative
map for the subdivision.
E. No final map shall be filed in the office of the county recorder until approved by
22 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
23 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
24 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 title. 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
3 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)
4 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.
5 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
7 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
apartment project, or stock cooperative project has been or will be given written notification
^3 within ten days of approval of a final map for the proposed conversion.
3. Each of the tenants of the proposed condominium project, community
14 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 condominium project, community
18 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
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.
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.
23 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-
21
22
12
13
22
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
4 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
5 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
8 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
approved or conditionally approved by the decision-making authority;
7. Endorsement by the city attorney of his approval of the map as to form;
8. A certificate signed by the city engineer accepting, accepting subject to
14 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
15 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;
16 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
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 properly 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
24 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-
A. All final subdivision maps filed with or submitted to the city engineer shall be first
1 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
3
Code as follows:
4
20.20.165 Appeal of city engineer decision.
5 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
6 specified in Section 21.54.150 of this code.
7 SECTION 24: That Section 20.20.170 of the Carlsbad Municipal Code is
8 amended to read as follows:
9 20.20.170 Transmittal of final map.
A. Upon approval of the final map, the city engineer shall transmit the map to the
10 appropriate county agency pursuant to Government Code Section 66464 for filing with the
^ ^ county recorder.
j2 SECTION 25: That the list of sections in Chapter 20.22 of the Carlsbad
^3 Municipal Code is amended to read as follows:
14 20.22.010 Purpose and applicability.
20.22.020 Definition.
15 20.22.030 Parcel map required.
20.22.040 Required findings.
16 20.22.050 Improvements, dedications and design.
20.22.060 Abandon environmental subdivision.
17
18
19
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
23 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
24 purposes, or to require the division of land for these purposes.
25 SECTION 27: That Section 20.22.030 of the Carlsbad Municipal Code is
26 amended to read as follows:
27 20.22.030 Parcel map required.
A. A parcel map shall be required for environmental subdivisions, pursuant to
28 applicable requirements specified in Chapters 20.24, 20.28 and 20.32 of this title.
-23-
21
22
SECTION 26: That Section 20.22.010 of the Carlsbad Municipal Code is
amended to read as follows:
SECTION 28: That Section 20.22.040.A of the Carlsbad Municipal Code is
amended to read as follows:
5
3 A. Prior to approving or conditionally approving an environmental subdivision, the
decision-making authority shall find each of the following:
4 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
6 property as a biotic or wildlife habitat, or both, in accordance with the conditions specified by
any local, state, or federal agency requiring mitigation.
7 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
9 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
10 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
11 and shall not be incompatible with maintaining and preserving the biotic or wildlife character, or
^2 both, of the land.
^3 SECTION 29: That Sections 20.22.050 through 20.22.060 are added to the
14 Carlsbad Municipal Code as follows:
15 20.22.050 Improvements, dedications and design.
A. Notwithstanding Government Code Section 66411.1(a) (limiting required
16 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
17 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
18 ensuring compliance with the conditions required by local, state, or federal agency requiring the
mitigation.
19
20.22.060 Abandon environmental subdivision.
20 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
^1 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
23 sold or exchanged.
2. None of the parcels is being used, set aside, or required for mitigation
24 purposes pursuant to this section.
3. Upon abandonment and reversion to acreage pursuant to this
25 subdivision, the easement for biotic and wildlife purposes is extinguished.
B. If the environmental subdivision is abandoned and reverts to acreage pursuant to
26 this section, all local, state, and federal requirements shall apply.
27 SECTION 30: That the list of sections in Chapter 20.24 of the Carlsbad
28 Municipal Code is amended to read as follows:
•24-
22
20.24.010 Minor subdivision.
1 20.24.020 Tentative parcel map required.
20.24.030 Application and time limits for processing.
20.24.040 Information to be filed with tentative parcel map.
^ 20.24.050 Grading plan.
20.24.060 Preliminary title report.
4 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.
8 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.
j2 20.24.190 Vesting tentative parcel map.
j3 SECTION 31: That Sections 20.24.020 through 20.24.040 of the Carlsbad
14 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 title 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 title. 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:
^1 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
23 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.
24 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.
25
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
1 city planner finds that:
1. The requirements of Title 19 of this code have been met;
2. The tentative parcel map is consistent with the provisions of Title 21 of
3 this code and that all approvals and permits required by Title 21 for the project have been given
or issued.
4 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.
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
8 parcel map may be processed concurrently with other development permits or approvals
required for the project required by Titles 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.
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
j3 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
14 of this title shall accompany the tentative parcel map at the time of submission.
15 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 title report.
A. There shall be filed with each tentative parcel map a current preliminary title
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
21.37.110(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
23 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
24 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.
21
28
20.24.080 Revised tentative parcel map.
-26-
A. Where a subdivider desires to revise an approved tentative parcel map, the
subdivider may file with the city planner, 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 Other department and agency review.
A. Within five working days after a tentative parcel map has been filed, the city
4 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 title;
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.
12
20.24.110 Proof of notice—Minor subdivisions.
^3 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
14 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;
iil. All owners of real property as shown on the latest
^1 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
23 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.
-27-
22
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
4 of the notice. If a written request to be heard is filed, the city planner shall:
a. Schedule an administrative hearing; and
5 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.
8
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 title,
11 B. The city planner may approve or conditionally approve the tentative parcel map if
^2 all bf the findings of fact in Section 20.24.130 of this chapter are found to exist.
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 title, 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 constructed or installed, improvements shall be constructed and installed 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
21
22
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 title and the following findings are
made:
1. The land proposed for division was created legally, or the lot or parcel has
23 been approved by the city and a certificate of compliance relative thereto has been filed with the
county recorder;
24 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;
28
-28-
21
22
SECTION 33: That Section 20.24.135 is added to the Carlsbad Municipal
Code as follows:
3 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
4 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
8 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;
3. Any person who filed a written request for an administrative hearing or to
^2 be heard at an administrative hearing.
13 SECTION 34: That Sections 20.24.140 through 20.24.180 of the Carlsbad
14 Municipal Code are amended as follows:
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
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 othenA/ise apply to the
23 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:
28
-29-
1. Short-term leases, terminable by either party on thirty days' notice, of a
1 portion of the operating right-of-way of a railroad corporation defined 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.
4 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;
8 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
^2 county recorder a certificate of compliance pursuant to Chapter 20.48 of this title.
^3 20.24.160 Expiration of tentative parcel map.
A. The provisions for the expiration of tentative maps specified in Section 20.12.100
14 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 specified in Section 20.12.110
19 of this title shall be applicable to tentative parcel maps.
20 SECTION 35: That Section 20.24.185 is added to the Carlsbad Municipal
^1 Code as follows:
22
20.24.185 Tentative parcel map amendment.
23 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 Title 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.
^ 20.32.080 Transmittal of parcel maps.
2 SECTION 37: That Sections 20.32.010 through 20.32.020 of the Carlsbad
4 Municipal Code are amended to read as follows:
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 specified in the approval or
conditional approval of the tentative parcel map.
7
20.32.020 City engineer to approve parcel maps.
8 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
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
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.
10
SECTION 38: That the list of sections in Chapter 20.36 of the Carlsbad
Municipal Code is amended to read as follows:
12
13
14
15
16
20.36.010 Purpose of chapter.
1'7 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
23 SECTION 39: That Sections 20.36.030 through 20.30.040 of the Carlsbad
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 title 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
contained in the most recent fee schedule adopted by the city council.
3 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
4 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
5 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 Title 21 of this
code and that all approvals and permits required by Title 21 for the project have been given or
8 issued.
9 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.
SECTION 40: That Section 20.36.070 of the Carlsbad Municipal Code is
12
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.
B. In addition to the procedures established by subsection (a) of this section, a lot
Ig 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
19 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:
23
20.36.075 Announcement of decision and findings of fact.
24 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.
25 B. The announcement of decision and findings 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-
17
13
22
SECTION 42: That Section 20.36.080 of the Carfsbad Municipal Code is
amended to read as follows:
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.
3
4
5
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 specified in
7 Section 21.54.150 of this code.
8 SECTION 43: That the list of sections in Chapter 20.40 of the Carlsbad
9 Municipal Code is amended to read as follows:
10 20.40.010 Reversions to acreage by final map.
20.40.020 Application.
11 20.40.030 Data for reversion to acreage.
20.40.040 Notices and hearings.
1^ 20.40.050 Decision-making authority.
20.40.055 Required findings.
20.40.060 Conditions of approval.
14 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.
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 final 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
23 B. An application to revert subdivided property to acreage may be made by the
owner of the property affected or the authorized agent of the owner. The application shall'
24 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 specified 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 afjplication, or as evidence of
-33-
their opinion on the pending issue, but they shall in no case infringe upon the free exercise of
1 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
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 Title 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 title to the real property; and
7 2. Evidence of the consent of all of the owners of an interest(s) in the
property; or
8 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 title; or
11 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.
13
20.40.040 Notices and hearings.
^4 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.
15 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.
SECTION 45: That Section 20.40.055 is added to the Carlsbad Municipal
Code as follows:
21
22
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
-34-
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
c. No lots shown on the final or parcel map were filed for record.
SECTION 46: That Section 20.40.060 of the Carlsbad Municipal Code is
amended to read as follows:
1
2
3
4
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
12
SECTION 47: That Section 20.40.065 is added to the Carlsbad Municipal
Code to read as follows:
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
^3 city council shall announce its decision and findings by formal resolution.
B. The announcement of decision and findings shall include:
14 1. A statement that the tentative map is approved, conditionally approved, or
denied;
15 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 title;
3. Such conditions and limitations that the city council may impose in the
17 approval of the reversion to acreage.
C. The announcement of decision and findings shall be mailed to:
18 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
19 on the application filed with the planning division;
2. Any person who has filed a written request for a notice of decision.
2j SECTION 48: That the list of sections in Chapter 20.44 of the Carlsbad
Municipal Code is amended to read as follows:
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 20.44.110 Alternate procedure—Planned community projects.
20.44.120 Exemptions.
28 20.44.130 Credits against fee or land.
•35^
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 49: That Sections 20.44.040 through 20.44.070 of the Carlsbad
Municipal Code are amended to read as follows:
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
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:
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 reflect the latest federal census data.
20.44.050 Standards for fees in lieu of land dedication.
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
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. 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, dedicatton of land may be required
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.
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 requires 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 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-
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;
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
4 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:
8 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
^3 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
14 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
20.48.010 Enforcement.
18 A. Whenever the county assessor or the head of any city department finds that the
provisions of this title 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.
^1 SECTION 52: That Section 20.48.030 of the Carlsbad Municipal Code is
22
amended to read as follows:
23
20.48.030 Development permits and approvals withheld.
24 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-
amended to read as follows:
12
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
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
8 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
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
14 Map Act or city ordinances enacted pursuant thereto, the city engineer or the city council shall
give consideration to:
15 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
the real property was created been submitted for approval at the time the current owner
acquired the property.
^1 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
23 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
24 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 defined in Title 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-
20
22
5
6
7
8
9
10
11
12
13
14
15
21
22
23
24
25
26
27
28
SECTION 53: That Section 20.48.050 of the Carlsbad Municipal Code is
amended to read as follows:
3 20.48.050 Appeal.
A. Decisions on actions of the city engineer made pursuant to this chapter shall
4 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 //
//
//
//
//
//
//
//
//
-39-HO
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
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and
the city clerk shall certify the adoption of this ordinance and cause a summary of the ordinance
prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on
the 2"" day of October, 2012, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 23'^ day of October, 2012 by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City^ttorney
ATTEST:
M. WOOD, City Clerk