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Home My WebLink About2003-10-28; City Council; 17358; Creation of Environmental Subdivisionv CITY OF CARLSBAD -AGENDA BILL TITLE: AMENDMENT OF TITLE 20 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF CHAPTER 20.22 AUTHORIZING THE CREATION OF ENVIRONMENTAL SUBDIVISIONS m h h \o I (13 z 0 z 01 L) L? C .rl a b 0 DEPT. HD. CITY ATTY. CITY MGR~ m 0 \ 03 N \ 0 AB# 17.358 MTG. 1b&82 DEPT. CA RECOMMENDED ACTION: Introduce Ordinance No. NS-677 amending the Carlsbad Municipal Code by authorizing the creation of environmental subdivisions. ITEM EXPLANATION: Under the Subdivision Map Act a local agency may, prior to January 1, 2005, approve or approve conditionally an environmental subdivision, which is defined as a subdivision of land for biotic and wildlife purposes, if the local agency finds that specified conditions have been met. The Subdivision Map Act also, until January 1, 2003, 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. Senate Bill 745, amending Government Code sections 66418.2 and 66426(g), effective January I, 2004, extends indefinitely the authority of a legislative body to approve or conditionally approve an environmental subdivision without the need for a tentative or final map, and would revise the conditions that are required to be met prior to the local agency approving or conditionally approving the environmental subdivision. The addition of Chapter 20.22 to the Carlsbad Municipal Code authorizes the City Council to approve environmental subdivisions for the perpetual maintenance of property as a biotic or wildlife habitat, or both, with the conditions specified by any local, state, or federal agency requiring mitigation, without the necessity of a tentative and final map even though five or more parcels are created. ENVIRONMENTAL REVIEW: CEQA Guidelines section 15308 provides that actions by regulatory agencies to maintain, restore, or enhance the environment, other than construction activities, are exempt where the regulatory process includes procedures to protect the environment. FISCAL IMPACT: There is no adverse fiscal impact with enactment of this ordinance since the alternative would be to require environmental subdivisions to process a tentative and final map which require additional expenditures of staff time for processing and review. EXHIBITS: Ordinance No. NS-677 DEPARTMENT CONTACT: Jane Mobaldi, Assistant City Attorney 434-2891 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: 20.22.01 0 Purpose. 20.22.020 Definition. 20.22.030 City Council Action. 20.22.040 Required Findings. 20.22.01 0 Purpose. A. This chapter is intended to implement Government Code section 66418.2 Jvhich 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. 20.22.020 Definition. “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 snvironmental subdivision application, shall consider the matter and shall approve, 2onditionally approve or disapprove the environmental subdivision. The city council shall announce its decision by resolution. Any decision to approve or conditionally approve an snvironmental subdivision shall include a description of the kind, nature and extent of A. Ordinance No. NS-677 Page 1 of 3 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 any improvements or mitigation required to be constructed or installed in or to serve the subdivision. Any decision to disapprove an environmental subdivision shall be accompanied by a finding, identifying the requirements or conditions which have not been met or performed. 20.22.040 Required Findings. 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 xres 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 3asement 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, :he land and the other land will be jointly managed and maintained. Notwithstanding Government Code section 6641 1 .I (a) (limiting required mprovements to the dedication of rights of way, easements, and the construction of -easonable off-site and on-site improvements for parcels created by division of land Nhich is not a subdivision of five or more lots), any improvement, dedication, or design -equired 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 3creage pursuant to Chapter 20.40 and Government Code section 66499.1 1, if the City inds that all of the following conditions exist: A. 2. 3. 4. B. 3rdinance No. NS-677 ’age 2 of 3 1 2 .: 4 c c E 7 a 9 ia 11 18 19 20 21 22 23 24 25 26 27 28 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 , 2003, by the following vote, to wit: City of Carlsbad on the day of AYES: NOES: ABSENT: 4PPROVED AS TO FORM AND LEGALITY ?ONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: 3rdinance No. NS-677 ’age 3 of 3 LORRAINE M. WOOD, City Clerk (SEAL)