HomeMy WebLinkAbout2003-11-04; City Council; 17370; Code Amendment: Environmental SubdivisionsAB# 17,370
MTG. 11/4/03
DEPT. CA
CITY OF CARLSBAD -AGENDA BILL 0
TiTLE: DEPT. HD. e AMENDMENT OF TITLE 20 0-E CARLSBAD MUNICIPAL
CODE BY THE ADDITION OF CHAPTER 20.22 AUTHORIZING
THE CREATION OF ENVIRONMENTAL SUBDIVISIONS CITY ATTY.
RECOMMENDED ACTION: To adopt Ordinance NS-677 amending the Carlsbad Municipal Code by providing for approval of environmental subdivisions.
ITEM EXPLANATION: At its meeting of Tuesday, October 28, 2003, the City Council voted to introduce Ordinance No. NS- 677 with the clarification that the word “contiguous” be added to the description of other land subject to an environmental subdivision of less than 20 acres in size in CMC section 20.22.040(A)(4)(b).
That change has been made in the attached ordinance. The City Council should satisfy itself that the revision accurately reflects their intentions in the matter.
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 E NVI RON M E NTAL S U BDl VIS IONS
’ 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
:he 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.
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
mvironmental subdivision from the requirement of a tentative and final map when five or
nore parcels are created.
A.
t0.22.020 Definition.
“Environmental subdivision” means a subdivision of land pursuant to this
Zhapter for biotic and wildlife purposes that meets all of the conditions specified in
;ection 20.22.040.
A.
!0.22.030 City Council Action.
When a planning department report on an application for an environmental
ubdivision is filed with the city clerk, the city clerk is directed, unless otherwise directed
)y 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
iubdivision application. Any interested person may appear at such hearing and shall be
ieard.
C. The city council shall review the planning department‘s report on an
mvironmental subdivision application, shall consider the matter and shall approve,
:onditionally approve or disapprove the environmental subdivision. The city council shall
innounce its decision by resolution. Any decision to approve or conditionally approve an
mvironmental subdivision shall include a description of the kind, nature and extent of
A.
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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 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
sgency 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
expressly reserved in the instrument. Where the biotic or wildlife habitat, or both, are
:ompatible, the City shall consider requiring the easement to contain a requirement for
:he joint management and maintenance of the resulting parcels. This reservation shall
lot 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
m environmental subdivision.
b. The other contiguous land is subject to a recorded perpetual
2asement that restricts its use to biotic or wildlife habitat, or both.
c. The total combined acreage of the lands would be 20 acres or
nore.
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.
lrdinance No. NS-677
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I. 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
VED AS TO FORM AND LEGA
3ONALD R. BALL, City Attorney
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