HomeMy WebLinkAbout2021-01-19; City Council; ; Adoption of Ordinance No. CS-389 - City Engineer Roles and ResponsibilitiesMeeting Date:
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Jan. 19, 2021
Mayor and City Council
Scott Chadwick, City Manager
Faviola Medina, City Clerk Services Manager
faviola.medina@carlsbadca.gov, 760-434-5989
Adoption of Ordinance No. CS-389 - City Engineer Roles and
Responsibilities
Citywide
Recommended Action
Adopt Ordinance No. CS-389 amending Sections 2.08.035, 2.24.020, 3.40.030, 8.48.020,
10.33.020, 11.16.020, 11.16.030 and 20.04.020 and adding Sections 2.08.036, 2.08.037 and
13.16.020 to the Carlsbad Municipal Code on city engineer roles and responsibilities.
Executive Summary / Discussion
Ordinance No. CS-389 was introduced and first read at the City Council meeting held Jan. 12,
2021. On a motion by Mayor Pro Tem Blackburn, seconded by Council Member Bhat-Patel, the
City Council voted 5-0 to introduce the ordinance. The second reading allows the City Council to
adopt the ordinance, which will become effective thirty days after the adoption.
Fiscal Analysis
The existing fiscal year 2020-21 budgets for the City Attorney’s Office and City Clerk’s Office
include sufficient funding for the cost of amending the referenced code provisions.
Next Steps
The city clerk will have the ordinance, or a summary of the ordinance, published in a newspaper
of general circulation within fifteen days following adoption of the ordinance.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under California Public Resources Code Section 21065 in that it has no potential to
cause either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment and therefore does not require environmental review.
Public Notification and Outreach
Public notice of this item was posted in accordance with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1.Ordinance No. CS-389
Jan. 19, 2021 Item #3 Page 1 of 8
ORDINANCE NO. CS-389
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING SECTIONS 2.08.035, 2.24.020, 3.40.030, 8.48.020,
10.33.020, 11.16.020, 11.16.030 AND 20.04.020 AND ADDING SECTIONS
2.08.036, 2.08.037, AND 13.16.020 OF THE CARLSBAD MUNICIPAL CODE
WHEREAS, the City Council of the City of Carlsbad, California (City Council) determined the
Carlsbad Municipal Code (Code) requires revisions and amendments to reflect a realignment of city
engineer roles and responsibilities to improve efficiencies, maximize effectiveness and more closely
align the positions with associated roles and responsibilities; and
WHEREAS, on July 23, 2019, the City Council adopted Resolution 2019-133 creating the ad hoc
Carlsbad Municipal Code and City Council Policy Update Subcommittee (Subcommittee) to assist with
the update and expanding the update to include both the Code and City Council Policies; and
WHEREAS, on Oct. 21, 2020, the Subcommittee reviewed and supported the proposed
amendments to the applicable Code sections regarding city engineer roles and responsibilities.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.The above recitations are true and correct.
2.Carlsbad Municipal Code Title 2, Chapter 2.08, Section 2.08.035 is amended to read as
follows:
2.08.035 Definition of city engineer.
The term "city engineer" as used in this Code is defined as the "transportation director," or designee, and
is the person authorized to perform the functions of the city engineer as defined in California Government
Code Section 66416.5.
3.Carlsbad Municipal Code Title 2, Chapter 2.08, is amended to add Sections 2.08.036 and
2.08.037 to read as follows:
2.08.036 Definition of deputy city engineer.
The term "deputy city engineer" as used in this Code is defined as a licensed, registered professional
engineer in the State of California who has been designated by the city engineer to perform duties
delegated to the deputy city engineer.
2.08.037 Definition of district engineer.
The term "district engineer" as used in this Code is defined as a licensed, registered professional engineer
in the State of California who has been authorized to perform district engineer duties for Carlsbad
Municipal Water District matters.
Jan. 19, 2021 Item #3 Page 2 of 8
4.Carlsbad Municipal Code Title 2, Chapter 2.24, Section 2.24.020 is amended to read as
follows:
2.24.020 Composition—Appointment.
The planning commission shall consist of seven members to be appointed pursuant to Section 2.15.050,
and of three ex officio members who shall be the city engineer, the city attorney and the city planner. For
the purposes of the planning commission membership, the city engineer shall mean the city engineer or
deputy city engineer, land development engineering.
5.Carlsbad Municipal Code Title 3, Chapter 3.04, Section 3.04.030 is amended to read as
follows:
3.40.030 Definitions.
As used in this chapter, the following terms shall have the following meanings:
"Administrative services director" shall mean the administrative services director of the city or designee.
"Building permit" means a permit required by and issued pursuant to Chapter 18.04 of the Carlsbad
Municipal Code.
"Chapter 21.90" means Chapter 21.90 of the Carlsbad Municipal Code as it may be amended from time
to time.
"City" shall mean the City of Carlsbad.
"City council" shall mean the city council of the city.
"City engineer" shall mean the city engineer or designee.
"Eligible improvements" shall mean those improvements for which the cost of construction thereof may
be eligible for reimbursement pursuant to this chapter.
"Eligible incidental costs" shall mean those incidental costs that may be eligible for reimbursement
pursuant to this chapter and which the city engineer determines are reasonable and customary for
the work performed or services provided.
"LFMP improvements" means those public facilities and improvements identified in an LFMP that are
needed to accommodate development with the LFMZ for which such LFMP was prepared pursuant
to Chapter 21.90.
"LFMZ property" or "LFMZ properties" means a property or the properties, as applicable, within a local
facilities management zone.
"Local facilities management plan" or "LFMP" shall have the meaning given such term in Chapter 21.90.
"Local facilities management zone" or "LFMZ" means a local facilities management zone established
pursuant to Chapter 21.90.
"Occupancy permit" means a permit required by and issued pursuant to Chapter 21.60 of the Carlsbad
Municipal Code.
"Project" means any project undertaken on LFMZ properties for the purpose of development. "Project"
includes a project involving the issuance of a permit for construction or reconstruction, but not a
permit to operate.
"Public agency" shall mean any city or county, whether general law or chartered, special district, school
district or any other municipal corporation, district, or political subdivision of the State of California.
"Reimbursement fee" means a fee adopted pursuant to the Charter of the City of Carlsbad, this chapter
and any city council resolution adopted pursuant to this chapter.
Jan. 19, 2021 Item #3 Page 3 of 8
"Reimbursement fee study" means a study prepared or caused to be prepared by the city engineer
pursuant to Section 3.40.090 hereto pertaining to a request for establishment of a reimbursement
fee.
"Requesting party" means the owner or developer of LFMZ property within an LFMZ that has filed a
request pursuant to Section 3.40.050 hereto that the city establish a reimbursement fee pursuant to
the provisions of this chapter. "Requesting party" also means, collectively, the owners and/or
developers of LFMZ properties within an LFMZ that have jointly filed such a request.
6. Carlsbad Municipal Code Title 8, Chapter 8.48, Section 8.48.020 is amended to read as
follows:
8.48.020 Exceptions.
A. An owner/occupant or resident/tenant of residential property may engage in a home improvement or
home construction project between the hours of 8:00 a.m. and 6:00 p.m. on Sundays and holidays,
subject to modification by subsection B of this section, provided such project is for the benefit of said
residential property and is personally carried out by said owner/occupant or resident/tenant.
B. The building official, city engineer, or other official designated by the city manager may modify the
hours of construction specified in Section 8.48.010. In making a determination to lengthen or shorten
the hours of construction, the city official shall consider the following:
1.Whether the project is an emergency repair required to protect the health and safety of any
member of the community;
2.Whether the construction would be less objectionable at night than during daylight hours;
3.The character and nature of the neighborhood in the vicinity of the work site;
4.The potential for great economic hardship;
5.If the work is in the interest of the general public;
6.Whether there is a previously unforeseen effect on the health, safety or welfare of the public;
and
7.Any history of complaints regarding compliance with the limitation on hours of construction.
C. As used in this section, "city engineer" shall mean the city engineer or designee, who is the deputy
city engineer, construction management and inspection.
7. Carlsbad Municipal Code Title 10, Chapter 10.33, Section 10.33.020 is amended to read
as follows:
10.33.020 Definitions.
Whenever in this chapter the following words or phrases are used they shall mean:
"City engineer" means the city engineer or designee, who is the city traffic engineer.
"Oversize" means any vehicle and/or load in excess of the size and weight of vehicles and/or loads allowed
to be moved or operated on highways under the provisions of the Vehicle Code of the State of
California.
8. Carlsbad Municipal Code Title 11, Chapter 11.16, Sections 11.16.020 and 11.16.030 are
amended to read as follows:
Jan. 19, 2021 Item #3 Page 4 of 8
11.16.020 Definitions.
For the purpose of this chapter, the following words, terms and phrases shall have the following meanings
as set out in this section:
"City engineer" means the city engineer or designee, who is the deputy city engineer, land development
engineering.
"Encroachment" means and includes any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or
building, or any structure or object of any kind or character not particularly mentioned in this
definition, which is placed in, under or over any portion of a public place.
"Facility" means any street, highway, curb, gutter, fencing, pipe, pipeline, tube, main, service, trap, vent,
vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable,
junction box, transformer or any other material structure or object of any kind or character, whether
enumerated in this definition or not which is constructed, left, placed or maintained in, upon, along,
across, under or over any public place.
"Improvement plans" means the construction plans, prepared by a civil engineer, in accordance with city
standards for the purpose of describing a public improvement to be constructed, repaired,
rehabilitated and/or otherwise installed in a public place. The term may also be used to mean the
construction plans, prepared by a civil engineer, in accordance with city standards for the purpose
of describing a private improvement to be constructed, repaired, rehabilitated and/or otherwise
installed on private property or in a public easement or right-of-way.
"Plans" means the document developed and approved by the city engineer describing the nature and
extent of works proposed to be constructed or carried out on a public place.
"Public place" means any public street, highway, way, place, alley, sidewalk, easement, right-of-way, park,
square, plaza or other similar public property owned or controlled by the city and dedicated to public
use.
"Specification" means the Standard Specifications for Public Works Construction (current edition including
supplements) written and promulgated by Southern California Chapter American Public Works
Association and Southern California District Associated General Contractors or California Joint
Cooperative Committee and published by Building News Incorporated, or such other specifications
noted on approved plans.
"Standard drawings" means the "standard drawings" of the City of Carlsbad, adopted and revised by the
city engineer and the most recently adopted San Diego Area Regional Standard Drawings.
In addition to the above defined words, terms and phrases, the definition of words, terms and phrases, as
described in Chapter 15.04, shall apply to this chapter.
11.16.030 City engineer's authority and responsibilities.
This chapter shall be administered by the city engineer who shall have the responsibility and authority to:
A.Establish the form and procedures for application for right-of-way permits required pursuant to this
chapter including the certification of completed applications, the approval of plans, the establishment
of files, collection of fees and security deposits;
B.Interpret the provisions of this chapter and advise the public regarding requirements for plans,
specifications and special provisions for facilities or encroachments subject to the provisions of this
chapter;
C.Establish format and content of plans and standards governing work on facilities or encroachments
pursuant to the provisions of this chapter;
D.Issue right-of-way permits upon such conditions as determined are reasonable and necessary to
protect the public health, safety and welfare;
E.Consider and approve amendments, including extensions, of any right-of-way permit issued when
such amendment is necessary to provide for the safe and efficient movement of traffic or to protect
public places, persons or property;
Jan. 19, 2021 Item #3 Page 5 of 8
F. The city engineer shall, subject to the authority of the city manager pursuant to Section 1.08.020,
administer and enforce the provisions of this chapter.
9.Carlsbad Municipal Code Title 13, Chapter 13.16 is amended to add Section 13.16.020
to read as follows:
13.16.020 Definitions.
As used in this chapter, "city engineer" shall mean the city engineer or designee, who is the deputy city
engineer, utilities engineering.
10.Carlsbad Municipal Code Title 20, Chapter 20.04, Section 20.04.020 is amended to read
as follows:
20.04.020 Definitions.
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:
"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.
"Bicycle" means a device upon which any person may ride, propelled by human power through a belt,
chain or gears, and having either two or three wheels in a tandem or tricycle arrangement.
"Bicycle route" means the generic term for all facilities that explicitly provide for bicycle travel by a course
which is to be traveled.
"Cable television lines" means electronic cable, conduit and any other appurtenances thereto which
distribute television or other electronic signals.
"Certificate of compliance" means a document describing a unit or contiguous units of real property and
stating that the division thereof complies with applicable provisions of the Subdivision Map Act and
city ordinances enacted pursuant thereto.
"City engineer" means the city engineer or designee, who is the deputy city engineer, land development
engineering.
"City standards" means those standards and specifications, including standard drawings, as may be
adopted from time to time by the city engineer. These standards are to be on file in the office of the
city clerk and in the engineering department.
"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.
"Development permit" means any permit, entitlement or approval required pursuant to Title 20 or 21 of this
code, or pursuant to any applicable master, specific, or redevelopment plan.
"Final map" means a map prepared pursuant to Chapter 20.20 of this title and the Subdivision Map Act
which, after approval and recordation, is effective to complete the subdivision of a major subdivision.
"Improvement" means:
1. Such street work and utilities, including ornamental street lights and walkways to be installed
or agreed to be installed by the subdivider on land to be used for public or private streets,
highways, ways, bicycle routes and easements, as are necessary for the general use of the
lot owners in the subdivision and local neighborhood traffic, drainage, flood control, fire
protection and sanitation needs as a condition precedent to the approval of a parcel map or
final map;
Jan. 19, 2021 Item #3 Page 6 of 8
2. Any other specific improvements or types of improvements, the installation of which, either by
the subdivider, by public agencies, by private utilities, by any other entity approved by the city
council or by a combination thereof, is necessary to ensure conformity to or implementation of
the general plan, any specific plan, any applicable local coastal plan or any applicable master
plan adopted according to this title.
"Interior lot" shall have the same definition as specified by Section 21.04.230 of this code.
"Major subdivision" means a subdivision of five or more lots.
"Minor subdivision" means a subdivision of four or fewer lots.
"Notice of violation" means a recorded document describing a unit or contiguous units of real property,
naming the owners thereof, and describing the manner in which the real property has been divided,
or has resulted from a division in violation of the Subdivision Map Act and city ordinances enacted
pursuant thereto.
"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.
"Street" means a state highway, county or city road or street, public road, street, alley or thoroughfare.
"Subdivider" means a person, firm, corporation, partnership or association who proposes to divide, divides,
or causes to be divided real property into a subdivision for himself/herself or for others, except that
employees and consultants of such persons or entities, acting in such capacity, are not "subdividers."
"Subdivision" means the division, by any subdivider, of any unit or units of improved or unimproved land,
or any portion thereof, shown on the latest equalized county assessment roll as a unit or as
contiguous units, for the purpose of sale, lease or financing, whether immediate or future except for
leases of agricultural land for agricultural purposes. Property shall be considered as contiguous units,
even if it is separated by roads, streets, utility easement or railroad rights-of-way. "Subdivision"
includes a condominium project as defined in Section 4100 of the California Civil Code, a community
apartment project, as defined in Section 4105 of the California Civil Code, or the conversion of five
or more existing dwelling units to a stock cooperative, as defined in Section 4190 of the California
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.
"Tentative map" means a map prepared for the purpose of showing the design and improvement of a
proposed major subdivision, and the existing conditions in and around it, filed with the city planner
precedent to the preparation and filing of a final map, and may, but need not be, based upon an
accurate and detailed final survey of the property.
"Tentative parcel map" means a map prepared for the purpose of showing the design and improvement
of a proposed minor subdivision, and the existing conditions in and around it, 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, and may, but need not be, based upon an accurate
and detailed final survey of the property.
"Through lot" means a lot having frontage on two parallel or approximately parallel streets.
"Vesting tentative map" means a tentative map for a subdivision which conforms to the requirements of
Chapter 20.17 and confers upon the subdivider certain rights established by this title. "Vesting
tentative parcel map" means a vesting tentative map prepared in conjunction with a parcel map.
Jan. 19, 2021 Item #3 Page 7 of 8
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BARBARA ENGLESON, City Clerk CI'
(SEAL) ei/
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 the full text of the ordinance or 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 12th
day of January, 2021, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 19th day of January, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
CELIA A. BREWER, City Attorney
MATT HALL, Mayor
Jan. 19, 2021 Item #3 Page 8 of 8