Chapter 20.22 — ENVIRONMENTAL SUBDIVISIONS

• A. 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 environmental subdivision from the requirement of a tentative and final map when five or more parcels are created.

• B. This chapter 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.

• (Ord. NS-677 § 1, 2003; Ord. CS-192 § 26, 2012)

"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. (Ord. NS-677 § 1, 2003)

A parcel map shall be required for environmental subdivisions, pursuant to applicable requirements specified in Chapters 20.24, 20.28 and 20.32 of this title.

(Ord. NS-677 § 1, 2003; Ord. CS-164 § 11, 2011; Ord. CS-192 § 27, 2012)

• A. Prior to approving or conditionally approving an environmental subdivision, the decisionmaking authority 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.

  2. 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.

  3. 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.

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.22.040

§ 20.22.060

• B. Notwithstanding Government Code Section 66411.1(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 66499.11, if the city finds that all of the following conditions exist:

  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 of this section, 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.

• (Ord. NS-677 § 1, 2003; Ord. CS-192 § 28, 2012)

Notwithstanding Government Code Section 66411.1(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. (Ord. CS-192 § 29, 2012)

• A. After recordation of a parcel map 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 66499.11, if the city finds that all of the following conditions exist:

  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

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City of Carlsbad, CA § 20.22.060

CARLSBAD CODE

3. Upon abandonment and reversion to acreage pursuant to this subdivision, the easement for biotic and wildlife purposes is extinguished.

• B. If the environmental subdivision is abandoned and reverts to acreage pursuant to this section, all local, state, and federal requirements shall apply.

• (Ord. CS-192 § 29, 2012)

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City of Carlsbad, CA

SUBDIVISIONS

§ 20.24.010

§ 20.24.030

CHAPTER 20.24 MINOR SUBDIVISIONS—PROCEDURE