The requirement for the dedication of land along the banks of certain designated watercourses within the city incident to the approval of a tentative subdivision map or tentative parcel map for subdivisions which adjoin or include such watercourses, in order to provide for the preservation and/or propagation of riparian habitats within and along the banks of the watercourses.
A. Purpose. This chapter is enacted pursuant to the municipal affairs provisions of the City Charter for the purpose of requiring the dedication of land along the banks of certain designated watercourses within the city for subdivisions which adjoin or include such watercourses, in order to provide for the preservation or propagation of riparian habitats within and along the banks of the watercourses. In enacting this chapter, the city council makes the following findings in regard to the value of riparian habitats and the need for the dedication of land for such habitats for subdivisions adjoining certain designated watercourses:
1. The council finds that within the city there exist five watercourses, generally known as Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, each of which supports or is capable of supporting valuable riparian plant communities both within and along the banks of such watercourses. Such riparian plant communities offer refuge to urban wildlife and migrating birds, reduce the possibility of flood damage to public and private property, protect stream banks from erosion, and contribute significantly to the quality of the waters flowing through such watercourses. By reason thereof, the preservation and enhancement of such riparian plant communities is important to the well-being, safety and health of the residents and occupants of new development occurring within the Chico community adjacent to such watercourses.
2. The council further finds that in order to preserve and enhance the riparian plant communities within and along Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, it is necessary to preclude new development occurring adjacent to such watercourses from destroying existing riparian plant communities occurring within or along the banks of the watercourses, or from encroaching on or near the watercourses in a manner which would interfere with the initiation and propagation of new riparian plant communities. Toward this end, the council has determined that the only practicable way to preclude such new development from destroying or interfering with the initiation and propagation of such riparian plant communities is to require the owners of the new development to dedicate land within and along the banks of such watercourses to the city for a subdivision bordering the watercourses so that such riparian plant communities can be placed under public stewardship and control.
3. Moreover, the council finds that since destruction of existing riparian plant communities and/or interference with the initiation and propagation of new riparian plant communities within or along the banks of Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, is a significant adverse environmental effect which is likely to result from new development occurring adjacent to such watercourses, the California Environmental Quality Act, as set forth in Section 21000, et seq. of the California Public Resources Code, precludes approval of any subdivision bordering the watercourses unless and until provisions have been made to substantially mitigate such adverse environmental effect. In this regard, the council has determined that the most logical and feasible way to mitigate such adverse environmental effect is to require the owners of each new subdivision bordering such watercourses to dedicate lands within and along the banks of the watercourses to the city so that the city can preserve, propagate and maintain existing or new riparian plant communities within and along the banks of the watercourses as part of a comprehensive and coordinated program all for the benefit of the Chico community, including in particular the residents and occupants of new development occurring within subdivisions adjacent to the watercourses.
4. By reason of the foregoing, the council finds that there is a reasonable relationship between the dedication of lands for riparian plant communities required by this chapter incident to or as a condition of the approval of a minor land division, tentative subdivision map or tentative parcel map for a subdivision bordering Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel or Sycamore Creek, and the public needs created by such subdivisions. In particular, the council finds that the dedication of such lands is necessary to ensure the preservation and enhancement of the riparian plant communities and associated riparian habitats within and along the banks of such watercourses, which are of benefit to the residents and occupants of such subdivisions, and that the dedication of such lands is the most logical way to mitigate the adverse environmental effects which would occur in the event development occurring within such subdivisions was allowed to encroach on the banks of such watercourses so as to destroy or prevent the development of such riparian plant communities.
B. Requirement for Dedication of Land for Riparian Habitat.
1. The dedication of land along a stream or watercourse, in fee simple, shall be required by the advisory agency for land which includes or adjoins any of the following watercourses within the city:
a) Big Chico Creek;
b) Little Chico Creek;
c) Comanche Creek;
d) Lindo Channel; and
e) Sycamore Creek.
2. Except as provided by this section, the following land shall be dedicated to the city for riparian habitat in subdivisions requiring such a dedication pursuant to the provisions of this chapter:
a) All land in the subdivision which underlies and is situated within the outer banks of Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, including the Sycamore Diversion Channel; and
b) All land within the subdivision which is upland of and within twenty-five feet of the outer banks of such watercourses.
3. Where a subdivision contains an existing riparian plant community bordering a watercourse which extends more than twenty-five feet upland of the outer banks of such watercourse, the advisory agency, in lieu of requiring the dedication of the twenty-five foot strip of land required by subsection B.2.b) of this section, may require the dedication of land upland of the outer banks of such watercourse which is of varying widths and includes all or a portion of such existing riparian plant community, provided that the area of land required to be dedicated to the city for riparian plant communities upland of the outer banks of the watercourse pursuant to this subsection does not exceed the total area of land which otherwise would have been required to be dedicated to the city pursuant to subsection B.2.b) of this section.
4. Where a subdivision is of such size or configuration that the dedication of the twenty-five foot strip of land upland of the outer banks of an adjoining watercourse would result in the loss of more than twenty-five percent of the remaining developable area of the subdivision, the advisory agency, in lieu of requiring the dedication of the twenty-five foot strip of land required by subsection B.2.b) of this section, shall require a dedication of land upland of the outer banks of such watercourse which is of a width or widths which does not cause the foregoing limitations to be exceeded.
5. Where land has been dedicated to and accepted by the city for a riparian habitat for a subdivision, such land shall be used as a riparian habitat serving the residents of the subdivision, as well as other members of the Chico community, unless and until the city council at some future time requires such land for a more necessary public use, provided, however, that in the event the city council should approve the use of such lands for a more necessary public use, the council shall endeavor to provide additional riparian habitats of equivalent value either by the acquisition of additional riparian habitats or enhancing existing riparian habitats owned or controlled by the city, which additional or enhanced riparian habitats shall be as close to such subdivision as is feasible.
6. Where lands have been dedicated to and accepted by the city for a riparian habitat for a subdivision, the council may lease the land containing such habitats to the Chico Area Recreation and Park District if the council has determined that leasing such lands to the Chico Area Recreation and Park District will serve the best interests of the inhabitants of the subdivision and other members of the Chico community, and if the Chico Area Recreation and Park District, in such lease or by a separate agreement executed on or before the date such lease is made, has undertaken to operate and maintain such riparian lands for the purposes for which they were dedicated.
7. Notwithstanding any provision of this chapter to the contrary, the advisory agency, for land which includes and/or adjoins Big Chico Creek, Little Chico Creek, Comanche Creek, Lindo Channel and Sycamore Creek, may require the dedication of additional riparian habitats at any location and in any amount which the advisory agency determines is necessary in order to substantially mitigate an adverse environmental effect identified in an environmental impact report prepared in connection with the approval of such subdivision.
D. The terms "developable area of a subdivision", "outer banks", and "riparian plant community" are defined in Chapter 18.02 - Definitions.
(Ord. 2591 (part))