Chapter 20.36 — ADJUSTMENT PLATS

The purpose of this chapter is to provide a simplified procedure for the adjustment of property boundaries or the consolidation of adjacent lots or parcels where no additional lots or parcels will result.

(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9521 § 23, 1979)

Notwithstanding any other provisions of this title to the contrary, the procedure set forth in this chapter shall govern the processing of and requirements for adjustment plats. An adjustment plat may be filed in accord with the provisions of this chapter to adjust the boundaries between four or fewer adjoining parcels, provided the City Engineer determines that the boundary adjustment does not:

• A. Create any additional lots;

• B. Involve adjustments between five or more existing adjoining parcels;

• C. Include a lot or parcel created illegally unless a certificate of compliance pursuant to Chapter 20.48 of this code has been approved and recorded for such lot or parcel;

• D. Impair any existing access or create a need for a new access to any adjacent lot or parcel;

• E. Impair any existing easement or create a need for a new easement;

• F. Violate the general plan or the local coastal plan;

• G. Violate the provisions of Title 18, 21 or 22 of this code;

• H. Alter the city limit boundary;

• I. Require substantial alterations of existing public improvements or create a need for a new public improvement;

• J. Adjust the boundary between lots or parcels which are subject to an agreement for public improvements unless the City Engineer finds that the proposed adjustment plat will not materially affect such agreement or the security therefor.

(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9521 § 23, 1979; Ord. 9806 § 14, 1986; Ord. NS-636 § 1, 2002)

• A. An application for an adjustment plat may be made by the owner of the property affected or the authorized agent of the owner. The application shall:

  1. Be made in writing on a form provided by the City Engineer;

  2. State fully the circumstances and conditions relied upon as grounds for the application; and

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.36.030

§ 20.36.060

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 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.

• C. If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to, an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the City Engineer and the City Council.

• D. The City Engineer shall not accept an adjustment plat for processing unless the City Engineer finds that:

  1. The requirements of Title 19 of this code have been met;

  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 issued.

(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9521 § 23, 1979; Ord. 9760 § 12, 1985; Ord. CS-192 § 39, 2012)

The City Engineer shall approve the adjustment plat if the City Engineer finds that the request complies with the requirements of this chapter.

(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. CS-192 § 39, 2012)

A revised adjustment plat shall be submitted for approval when the City Engineer finds that the number or nature of any changes necessary for approval are such that they cannot be shown clearly or simply on the original adjustment plat. When required, the failure to file a revised adjustment plat within six months from the date of the conditional approval of the original plat shall terminate all proceedings.

(Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975)

The City Engineer may impose conditions or exactions on the approval of an adjustment plat between four or fewer existing adjoining parcels to the extent that the conditions or exactions are necessary to ensure compliance with the general plan, local coastal plan and applicable provisions of the city's zoning and building laws, pertaining to lots (Titles 21 and 18 of this code), including lot frontage, depth and area, access, and requirements such as setbacks, lot coverage and parking, or to facilitate the relocation of existing utilities, infrastructure or easements. The conditions imposed by the City Engineer shall be satisfied prior to the recordation of the adjustment plat or such other document authorized by law to effectuate the lot line adjustment. Lot line adjustments between five or more existing adjoining parcels shall be subject to the provisions of the Subdivision Map Act, including the requirement for the filing of a tentative and final map.

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City of Carlsbad, CA

CARLSBAD CODE

§ 20.36.060

§ 20.36.080

• (Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9806 § 15, 1986; Ord. NS-636 § 2, 2002)

• 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, the City Manager 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 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 line adjustment may be effectuated by the recordation of the deed or record of survey; provided, however, that such deed or record of survey shall not be recorded unless it contains a certification by the City Engineer that all the requirements of this chapter and any condition imposed pursuant to this chapter have been satisfied and further provided that a copy of the adjustment plat shall be attached to the deed or record of survey.

• (Ord. 9412 § 1, 1974; Ord. 9417 § 1, 1975; Ord. 9521 § 23, 1979; Ord. 1261 § 34, 1983; Ord. 9806 § 16, 1986; Ord. NS-676 § 14, 2003; Ord. CS-164 § 10, 2011; Ord. CS-192 § 40, 2012)

• A. When a decision on an adjustment plat is made pursuant to this chapter, the decisionmaking authority shall announce its decision and findings in writing.

• B. The announcement of decision and findings shall include:

  1. A statement that the adjustment plat is approved, conditionally approved, or denied;

  2. The facts and reasons which, in the opinion of the decision-making authority, make the approval or denial of the adjustment plat necessary to carry out the provisions and general purpose of this title;

  3. Such conditions and limitations that the decision-making authority may impose in the approval of the adjustment plat.

• C. The announcement of decision and findings shall be mailed to 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.

• (Ord. CS-192 § 41, 2012)

The City Engineer's approval or denial of a final map may be appealed to the City Council, subject to the same requirements for appeals of Planning Commission decisions specified in Section 21.54.150 of this code.

• (Ord. 9521 § 23, 1979; Ord. CS-192 § 42, 2012)

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.40.010

§ 20.40.030

CHAPTER 20.40 REVERSIONS TO ACREAGE

Note: Prior ordinance history: Ord. Nos. 9417 and 9532.

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreational element of the general plan of the City of Carlsbad.

(Ord. 9190 § 2; Ord. 9614 § 1, 1982)

As a condition of approval of a final map or parcel map, the subdivider shall dedicate land, pay a fee in lieu thereof, or both, at the option of the city, for park or recreational purposes at the time and according to the standards and formula contained in this chapter.

(Ord. 9190 § 3; Ord. 9521 § 24, 1979; Ord. 9549 § 6, 1980; Ord. 9614 § 1, 1982)

It is found and determined that the public interest, convenience, health, welfare and safety require that three acres of property for each 1,000 persons residing within this city shall be devoted to local park and recreational purposes.

(Ord. 9190 § 4; Ord. 9614 § 1, 1982; Ord. 9831 § 1, 1987)

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 × 3 park acres per 1,000 × Total number of dwelling units dwelling unit population (based on most recent federal census)

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. (Ord. 9190 § 5; Ord. 9614 § 1, 1982; Ord. 9637 § 1, 1982; Ord. 9644 § 1, 1982; Ord. 9724 § 1, 1984; Ord. 9770 § 1, 1985; Ord. 9831 § 1, 1987; Ord. NS-588 § 1, 2001; Ord. NS-757 § 1, 2005; Ord. CS-162 § 1, 2011; Ord. CS-192 § 49, 2012; )

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City of Carlsbad, CA

CARLSBAD CODE

§ 20.44.050

§ 20.44.080

• 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 50 parcels or less, only the payment of fees shall be required except that when a condominium project, stock cooperative, or community apartment project exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50.

• 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.

• (Ord. 9190 § 9; Ord. 9614 § 1, 1982; Ord. 9637 § 2, 1982; Ord. 9654 § 1, 1982; Ord. 9830 § 3, 1987; Ord. CS-192 § 49, 2012)

• 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;

  2. Topography, geology, access and location of land in the subdivision 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 whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

• (Ord. 9190 § 6; Ord. 9614 § 1, 1982; Ord. CS-192 § 49, 2012)

• A. When a fee is required to be paid in lieu of land dedication, the amount of the fee shall be

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.44.080

§ 20.44.110

based upon the fair market value of the amount of land which would otherwise be required to be dedicated pursuant to Section 20.44.040. The fair market value shall be determined by the City Council using the following method:

1. The City Manager may from time to time survey the market value of undeveloped property within the city. This survey may be prepared through various means including, but not limited to, selection of several real estate professionals within Carlsbad to provide current estimates of undeveloped property values with each of the city's four quadrants.

2. The council shall adopt a resolution establishing the value of one acre of park land in each quadrant after considering the results of this survey and any other relevant information.

• B. Subdividers objecting to such valuation, may, at their own expense, obtain an appraisal of the property by a qualified real estate appraiser approved by the city, which appraisal may be accepted by the City Council if found to be reasonable. If accepted, the fee shall be based on that appraisal.

• (Ord. 9190 § 8; Ord. 9614 § 1, 1982; Ord. 9781 § 1, 1985; Ord. 9831 § 1, 1987; Ord. NS-120 § 1, 1990)

The land and fees received under this chapter shall be used for the purpose of developing new or rehabilitating existing park and recreational facilities which serve the population within the park quadrant within which the subdivision for which the fees are received is located and the location of the land and amount of fees shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision.

(Ord. 9190 § 11; Ord. 9680 § 12, 1983; Ord. NS-842 § 1, 2007)

The City Council shall develop a schedule specifying how, when and where it will use the land or fees or both to develop park or recreational facilities to serve the residents of the park quadrant in which the subdivisions are located. Any fees collected pursuant to this chapter shall be committed within five years after the payment of such fees or the issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If such fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. (Ord. 9190 § 10; Ord. 9521 § 24, 1979; Ord. 9680 § 12, 1983; Ord. NS-842 § 2, 2007)

The purpose of this section is to provide an alternate procedure for accomplishing the dedication of land or the payment of fees, or both, for recreational facilities which the City Council may elect to utilize for subdivisions processed as part of a master planned project in the planned community zone.

• A. The City Council may elect to proceed pursuant to this section by the inclusion of an appropriate condition in the master plan for a project in the planned community zone to provide for the dedication of land or for the payment of fees in lieu thereof, or any

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City of Carlsbad, CA § 20.44.110

CARLSBAD CODE

§ 20.44.110

combination of the two, in connection with the master plan approval in an amount not to exceed the estimated amount of the obligations to be imposed by this chapter on the subdivisions to be developed within the planned community project.

• B. If the land to be dedicated has been improved prior to master plan approval and the City Council determines it to be in the city's interest to accept such improvements for utilization in the city's park and recreation program, the council may cause such improvements to be appraised, and the approved appraised value of such improvements may be considered a payment of fees in lieu of the dedication of land for the purposes of this section.

• C. The land dedicated or fees paid pursuant to this section may be immediately utilized by the city. A record of the amount of such land or fees shall be maintained by the city, and the amount shall be available to be drawn upon at the option of the City Council to satisfy the requirements of this chapter for one or more of the subdivisions to be developed pursuant to the master plan within the planned community project. The amount of land or fees in lieu thereof required for each subdivision within a planned community processed under this section shall be determined in accord with this chapter in the same manner as any other subdivision.

• D. After electing to utilize the provisions of this section, the City Council may provide that the requirement for the dedication of land for a subdivision be satisfied by a credit from an equivalent amount of previously dedicated land located within the planned community project but outside the subdivision boundaries and available for such purpose pursuant to this section. A requirement for payment of fees may be satisfied in the same manner from the amount of previously deposited fees available for such purpose pursuant to this section. A record of the transactions showing the amount of land or fees required, the amount of credit used to satisfy such requirement, and the balance of land or fees remaining on account for subsequent subdivisions shall be presented to the City Council prior to final map approval.

fied in the same manner from the amount of previously deposited fees available for such purpose pursuant to this section. A record of the transactions showing the amount of land or fees required, the amount of credit used to satisfy such requirement, and the balance of land or fees remaining on account for subsequent subdivisions shall be presented to the City Council prior to final map approval.

• E. The method of accomplishing the dedication of the land or the payment of fees in lieu thereof, the method for making the land or fees available in accord with this section, and any other matters necessary to carry out the intent of this section may be established by the City Council by a contract with the developer or by the inclusion of appropriate conditions in the master plan, specific plan, tentative map, or any combination thereof. In the absence of any such specific provisions, the provisions of this chapter shall control.

• F. If the planned community project is rezoned or otherwise terminated by the City Council prior to its completion, the title to any land or improvements dedicated pursuant to this section shall remain in the city. The remaining balance of any land or the value of any improvements not utilized in satisfaction of the requirements of this chapter for approved subdivisions within the project shall remain on account with the city and shall be available to satisfy the park requirements which may apply to any future development of the property.

• G. In the event the balance of land or fees available pursuant to this section is insufficient to satisfy the requirements of this chapter for a subdivision, additional land or fees may be required pursuant to this chapter in satisfaction of such requirement, or the City Council may elect to provide for additional dedications or payments in accord with this section which shall be available for the satisfaction of the balance of such requirement and the requirements of subsequent subdivisions within the planned community.

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.44.110

§ 20.44.140

• (Ord. 9416 § 1, 1975; Ord. 9417 § 2, 1975)

• A. The provisions of this chapter shall not apply to subdivisions containing less than five parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within four years, the fee may be required to be paid by the owner of each such parcel as a condition to the issuance of such permit.

• B. The provisions of this chapter also do not apply to commercial or industrial subdivision; nor to condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old when no new dwelling units are added.

• (Ord. 9416 § 2, 1982; Ord. 9680 § 12, 1983)

• A. Whenever a subdivider provides park and recreational improvements, including 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 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.

• B. Whenever a subdivider of a planned development, real estate development, stock cooperative, community development project or condominium, as defined in Sections 11003, 11003.1, 11003.2, 11003.4, and 11004 of the Business and Professions Code and Section 783 of the Civil Code respectively, has provided active recreational areas within the boundaries of the subdivision in excess of that required by Chapter 21.45 of this code, the subdivider may at the time the final or parcel map is submitted for approval request that the council give a credit of up to 10% of the amount of fees to be paid or land to be dedicated pursuant to this chapter for the value of the active recreation area.

• (Ord. 9680 § 12, 1983; Ord. 9806 § 17, 1986; Ord. CS-192 § 50, 2012)

• A. Notwithstanding anything in this chapter to the contrary, all park in-lieu fees for any residential development that consists of five or more dwelling units shall only be paid prior to building permit issuance, or, at the request of the applicant, deferred until all work required for final inspection has been completed and all department approvals required for final inspection have been obtained by the applicant.

• B. If the applicant chooses to defer the payment of fees to prior to the request for final inspection, then the amount of the fees shall be based on the fees in effect at the time of the request for final inspection.

• C. In the event that the city, for any reason, fails to collect any or all fees prior to final inspection, such fees shall remain the obligation of the developer and/or the property owner.

• (Ord. CS-200 § IV, 2013; Ord. CS-271 § IV, 2015)

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.48.010

§ 20.48.030