O 615 INTERIM URGENCY ORDINANCE NO. 615
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ARROYO GRANDE ADOPTING A MORATORIUM ON THE
APPROVAL OF DEVELOPMENT PROJECTS, AND DECLARING THE
URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS
FOLLOWS:
SECTION 1. FINDINGS. The City Council finds as follows:
A. As detailed in the September 8, 2009 staff report to the City Council, a
copy of which is on file in the City Clerk's Office and incorporated into this Interim
Ordinance as if fully set forth herein, the City of Arroyo Grande "City") is dealing with a
critical water shortage while simultaneously pursuing a statutorily required update of the
Housing Element and Conservation Element of the City's General Plan. During
preparation of the City's 2001 General Plan and 2005 Urban Water Master Plan, the
lack of water resources was identified as a significant issue. Since that time the City
has conducted studies and made extensive efforts to develop a strategy to address the
lack of water resources, including studying and prioritizing alternatives and options for
short-term and long -term options and supplemental water supplies.
B. After it was determined in 2008 that the City had utilized 99% of its water
entitlements, the City Council approved Resolution No. 4118 on August 12, 2008
declaring the existence of a "severely restricted water supply condition" and
implemented mandatory water conservation measures.
C. Among the short-term measures that have been identified to increase
water supplies are water conservation public education efforts and implementation and
enforcement of water conservation regulations, a tiered water rate structure, installation
of Well No. 10, and the City has contracted with the Oceano Community Services
District for delivery of water. Long -term measures that have been identified include a
comprehensive groundwater study, the Nacimiento Lake water project, a desalination
project study, State water, and study of two (2) recycled water projects, the first in
cooperation with the South San Luis Obispo County Sanitation District and the second a
joint project with the City of Pismo Beach. In addition, the City has been participating in
a study of raising the height of the spillway of the Lopez dam to increase the capacity of
Lopez Lake.
D. Based upon preliminary data resulting from a groundwater monitoring
program implemented in early 2009 by a group of cities that include the Cities of Arroyo
Grande, Grover Beach, Pismo Beach and the Oceano Community Services District,
groundwater levels and water quality sampling have shown early signs of seawater
INTERIM URGENCY ORDINANCE NO. 615
PAGE 2
intrusion in the part of the basin from which the City obtains the majority of its
groundwater supply.
Seawater intrusion can be a serious threat. Seawater is highly saline (with typical
chloride concentrations of 19,000 mg /L) and mixing even a small amount, as little as
two percent, with fresh groundwater is enough to make water undrinkable. Once
seawater has intruded and mixed in a groundwater basin, it is very difficult and costly to
remove.
While this is preliminary data, and additional evaluation and recommendations from
consultants are expected, this new information combined with the severely restricted
water supply conditions and related concerns discussed above, create an immediate
need to study and understand it's implications in relation to the City's General Plan
update and other development proposals, policies and programs.
E. The Community Development Department of the City of Arroyo Grande
recently initiated the process of updating the City's General Plan, with immediate
emphasis on the Housing Element and the Conservation Element; as the Conservation
Element provides for the conservation, development and integration of natural
resources, this process will enable the City to immediately address the impacts of the
water shortage and implications of the seawater intrusion problem on development in
the City, including the issue of insufficient water supply in relation to the City's Housing
Element, regional housing needs allocation and its affordable housing needs and
requirements.
F. Due to the foregoing, the City intends to immediately begin a study of
issues related to future development and insufficient water supply. In the meantime, if a
temporary moratorium on Development Projects is not immediately imposed pursuant to
the provisions of Government Code §65858, such unplanned development would defeat
the intent and purpose of the City's General Plan policy of providing for orderly
development with sufficient water resources and undermine the update of the City's
Housing Element and Conservation Element.
SECTION 2. ESTABLISHMENT OF MORATORIUM
The City Council hereby declares that a temporary moratorium on the approval of
Development Projects, as defined below "Development Projects is necessary in order
to permit the City the time to conduct research and consider appropriate regulations,
amendments and /or clarifications to protect the public health, safety, welfare and the
economic prosperity of the community. As used herein, "Development Project" means
any project undertaken for the purpose of development and includes, but is not limited
to any project involving the issuance of a permit for construction or reconstruction.
Development Project includes ministerial projects, unless the project does not require a
new water connection.
INTERIM URGENCY ORDINANCE NO. 615
PAGE 3
SECTION 3. Except as otherwise specified herein, while this Interim Ordinance
remains in effect, no permit, or other applicable entitlement, which entails in whole or in
part the approval of any new Development Project within the City shall be approved or
issued.
SECTION 4. Pursuant to the provisions of California Government Code §65858, this
Interim Ordinance is adopted as an Interim urgency zoning ordinance and shall take
effect immediately. The facts demonstrating the urgency that form the basis for this
Interim Ordinance are set forth in Section 1, above and in addition are as follows:
A. The City has and continues to receive applications for Development
Projects and expects to continue to receive such application.
B. The approval of new Development Projects within the City of Arroyo
Grande without an opportunity to study the implications of the current water shortage
and seawater intrusion in the Arroyo Grande Groundwater Basin in relation to the City's
pending update of certain Elements of the General Plan, regional housing needs
allocation, affordable housing needs, pending recreation and other public facility
projects, and economic development efforts would result in a threat to orderly
development in a fundamental manner. Approval of such projects may conflict with
Policy LU11 -3.1 of the City's Fringe and Urban Area Land Use Element, which limits the
"number of dwelling units within the City to that which is consistent with the long -term
availability of resources needed to support area population and that which public
services and facilities can adequately support." And Policy COS6 of the City's
Conservation Element which states that "The City of Arroyo Grande shall manage land
use and limit its urban development potential to that which can be sustained by the
available water resources..." It is thus necessary to establish a temporary moratorium to
allow for: (1) research and study to determine how to address these issues, the type of
regulation that may be imposed with regard to new connections to the City's water
system and how that relates to General Plan policies, regional housing needs allocation
and affordable housing needs and related matters, (2) the preparation and presentation
of any proposed ordinance, amendments or regulations to address this issue.
C. It is necessary that this Interim Ordinance go into effect immediately in
order to maintain the City's environment pending the outcome of the above referenced
research, study and analysis, which will dictate the need to establish new policies,
procedures and otherwise regulate Development Projects in the City in relation to the
water supply problem.
D. It is necessary that this Interim Ordinance go into effect immediately so
that the City may study the manner in which to comprehensively prioritize needs and
balance resources including those pertaining to the provision of affordable housing and
state mandated regional housing stock and short and long term water availability.
INTERIM URGENCY ORDINANCE NO. 615
PAGE 4
E. It is necessary that this Interim Ordinance remain in effect until the
required research, study, and analysis have been completed and the recommendations
of Community Development Department staff and the Planning Commission can be
received and considered by the City Council and the City Council, in turn, can consider
amendment of the City's General Plan and Development Code.
SECTION 5. The City Council therefore finds that, based upon the foregoing, there is a
current and immediate threat to the public health, safety and welfare, and that the
approval of additional Development Projects through the issuance of approvals or
permits would result in a threat to, the public health, safety and welfare.
SECTION 6. Any Development Project currently being processed by the City and for
which the City has accepted or deemed an application as complete prior to the effective
date hereof, and any City initiated public safety project, shall be exempt from the
provisions of this Interim Ordinance.
SECTION 7. Pursuant to Government Code §36937(b), this Interim Ordinance shall
take effect immediately upon its passage and adoption.
SECTION 8. Pursuant to Government Code §65858, this Interim Ordinance shall expire
45 days following the date of its passage and adoption, unless its term is extended by
action of the City Council in accordance with the procedures set forth in §65858, or at
such earlier time as the City Council acts to repeal this Interim Ordinance.
SECTION 9. In accordance with the requirement of Government Code §65858, at least
ten days prior to the expiration period provided for in Section 8, the City Council shall
issue a written report describing any measures taken to alleviate those conditions
herein referenced which led to the adoption of this Interim Ordinance.
SECTION 10. This Interim Ordinance thereof shall be published once in a newspaper of
general circulation in the City of Arroyo Grande within 15 days after its adoption.
SECTION 11. The adoption of this Interim Ordinance is exempt from the California
Environmental Quality Act "CEQA pursuant to §15061(b)(3)and 15306 of the State
CEQA Guidelines because it can be seen with certainty that there is no possibility that
such adoption may have a significant effect on the environment. In addition, the
adoption of this Interim Ordinance is exempt from CEQA pursuant to §15262 of the
CEQA Guidelines in that this Interim Ordinance involves only feasibility or planning
studies for possible future actions by the City.
SECTION 12. This Interim Ordinance shall be liberally construed to accomplish its
intended purposes. Nothing contained in this Interim Ordinance is intended to limit the
continuation of lawful nonconforming uses or structures.
INTERIM URGENCY ORDINANCE NO. 615
PAGE5
SECTION 13. The City Council hereby declares that should any section, paragraph,
sentence, phrase, term, or word of this Interim Ordinance hereby adopted be declared
for any reason to be invalid, it is the intent of the City Council that it would have adopted
all other portions of this Interim Ordinance irrespective of any such portion declared
invalid.
On motion by Council Member Costello, seconded by Council Member Guthrie, and by the
following roll call vote, to wit:
AYES: Council Members Costello, Guthrie, Fellows, and Mayor Ferrara
NOES: None
ABSENT: Council Member Arnold
the foregoing Interim Urgency Ordinance was adopted this 10 day of November 2009.
INTERIM URGENCY ORDINANCE NO.
PAGE 6
TONY FER MAYOR
ATTEST;
Q [h M
KELLY W T E, CITY CLERK
APPROVED AS TO CONTENT:
ST ADAMS, CITY MANAGER
APPROVED AS TO FORM:
TIM THY J. C R CITY ATTORNEY
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Interim Urgency Ordinance No. 615 is a true, full, and correct copy of said Ordinance
passed and adopted at a Regular meeting of the City Council /Redevelopment Agency
of the City of Arroyo Grande on the 10 day of November 2009; and was duly published
in accordance with State Law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this l6`h day of
November 2009.
✓at a i�
KELLY ET RE, CITY CLERK