HomeMy WebLinkAbout2003-11-04; City Council; NS-677; Creation of Environmental Subdivisions...ORDINANCE NO. NS-677
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA ADDING CHAPTER 20.22 TO TITLE
20 OF THE CARLSBAD MUNICIPAL CODE AUTHORIZING
CREATION OF ENVIRONMENTAL SUBDIVISIONS
The City Council of the City of Carlsbad, California does ordain as follows:
SECTION 1: That Title 20 of the Carlsbad Municipal Code is amended by
the addition of Chapter 20.22 to read as follows:
“CHAPTER 20.22
Environmental Subdivisions
Section:
20.22.010 Purpose.
20.22.020 Definition.
20.22.030 City Council Action.
20.22.040 Required Findings.
20.22.010 Purpose.
This chapter is intended to implemenL Government Code section 66418.2
uhich 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.
A.
2 0.22.020 Def i n it ion.
“Environmental subdivision” means a subdivision of land pursuant to this
chapter for biotic and wildlife purposes that meets all of the conditions specified in
section 20.22.040.
A.
20.22.030 City Council Action.
When a planning department report on an application for an environmental
subdivision is filed with the city clerk, the city clerk is directed, unless otherwise directed
by the city council, to set the matter for public hearing on the agenda.
B. The city council shall hold a public hearing on the environmental
subdivision application. Any interested person may appear at such hearing and shall be
heard.
C. The city council shall review the planning department’s report on an
environmental subdivision application, shall consider the matter and shall approve,
conditionally approve or disapprove the environmental subdivision. The city council shall
announce its decision by resolution. Any decision to approve or conditionally approve an
environmental subdivision shall include a description of the kind, nature and extent of
A.
Ordinance No. NS-677
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my improvements or mitigation required to be constructed or installed in or to serve the
subdivision. Any decision to disapprove an environmental subdivision shall be
sccompanied by a finding, identifying the requirements or conditions which have not
been met or performed.
20.22.040 Required Findinqs.
Prior to approving or conditionally approving an environmental subdivision,
the City Council shall find each of the following:
1. That factual biotic or wildlife data, or both, are available to the City to
support the approval of the subdivision, prior to approving or conditionally approving the
environmental subdivision.
That provisions have been made for the perpetual maintenance of
the property as a biotic or wildlife habitat, or both, in accordance with the conditions
specified by any local, state, or federal agency requiring mitigation.
That an easement will be recorded in the county in which the land is
located to ensure compliance with the conditions specified by any local, state, or federal
agency requiring the mitigation. The easement shall contain a covenant with a county,
city, or nonprofit organization running with the land in perpetuity, that the landowner shall
not construct or permit the construction of improvements except those for which the right
is expressly reserved in the instrument. Where the biotic or wildlife habitat, or both, are
compatible, the City shall consider requiring the easement to contain a requirement for
the joint management and maintenance of the resulting parcels. This reservation shall
not be inconsistent with the purposes of this section and shall not be incompatible with
maintaining and preserving the biotic or wildlife character, or both, of the land.
The real property is at least 20 acres in size, or if it is less than 20
acres in size, the following conditions are met:
a. The land is contiguous to other land that would also qualify as
an environmental subdivision.
b. The other contiguous land is subject to a recorded perpetual
easement that restricts its use to biotic or wildlife habitat, or both.
c. The total combined acreage of the lands would be 20 acres or
more.
d. Where the biotic or wildlife habitat, or both, are compatible,
the land and the other land will be jointly managed and maintained.
Notwithstanding Government Code section 6641 1 .I (a) (limiting required
improvements to the dedication of rights of way, easements, and the construction of
reasonable off-site and on-site improvements for parcels created by division of land
which is not a subdivision of five or more lots), any improvement, dedication, or design
required by the City as a condition of approval of an environmental subdivision shall be
solely for the purposes of ensuring compliance with the conditions required by local,
state, or federal agency requiring the mitigation.
C. After recordation of certificates of compliance for an environmental
subdivision, a subdivider may only abandon an environmental subdivision by reversion to
acreage pursuant to Chapter 20.40 and Government Code section 66499.1 1, if the City
finds that all of the following conditions exist:
A.
2.
3.
4.
B.
Ordinance No. NS-677
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1. None of the parcels created by the environmental subdivision has
been sold or exchanged.
2. None of the parcels is being used, set aside, or required for
mitigation purposes pursuant to this section.
3. Upon abandonment and reversion to acreage pursuant to this
subdivision, the easement for biotic and wildlife purposes is extinguished.
D. If the environmental subdivision is abandoned and reverts to acreage
pursuant to subsection C, all local, state, and federal requirements shall apply.
E. This section shall apply only upon the written request of the landowner at
the time the land is divided. This section is not intended to limit or preclude subdivision
by other lawful means for the mitigation of impacts to the environment, or of the land
devoted to these purposes, or to require the division of land for these purposes.”
EFFECTIVE DATE: This ordinance upon adoption, shall be effective
January 1, 2004, and the City Clerk shall certify the adoption of this ordinance and cause
it to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the 28th day of October ,2003, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad on the 4th day of November , 2003, by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
VED AS TO FORM AND LEGALIT
RONALD R. BALL, City Attorney
//- >-e as.
Ordinance No. NS-677
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