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PC R 07-2033RESOLUTION NO. 07-2033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT CASE NO. 07-001, TO AMEND THE 2001 GENERAL PLAN AGRICULTURE, CONSERVATION AND OPEN SPACE ELEMENT FOR CREEK PROTECTION RELATED POLICIES WHEREAS, the City Council adopted the updated General Plan which became effective November 10, 2001 and requires a comprehensive review and necessary revisions to the Arroyo Grande Municipal Code and Zoning Map for consistency, in accordance with Government Code Section 65860; and WHEREAS, the 2001 General Plan include a Agricultural, Conservation and Open Space Element which include the following principals: . Resources that are irretrievable and/or irreplaceable need to be protected and preserved. . Individuals and the community have a responsibility to future generations as well as to wildlife to preserve and protect finite natural resources. . Resource lands contribute to overall public health, safety and welfare beyond provision of basic necessities such as food, fiber and livelihood. . Land use and urban development shall be managed and limited to that which can be sustained by the available resources and serviced by the circulation and other infrastructure systems; and WHEREAS, Conservation and Open Space Objective "C/OS2" of the Agricultural, Conservation and Open Space Element in the 2001 General Plan is to "Safeguard important environmental and sensitive biological resources contributing to a healthy, functioning ecosystem"; and � WHEREAS, on July 12, 2005 the Arroyo Grande City Council, by consensus, directed staff to evaluate the City's regulations, practices and procedures related to creek setback • requirements and the implementation of related 2001 General Plan policies in the Agriculture, Conservation and Open Space Element; and WHEREAS, on September 27, 2005 the Arroyo Grande City Council, adopted Ordinance 572 entitled "An Interim Urgency Ordinance of the City Council of the City of Arroyo Grande Suspending Acceptance and Processing of Applications for Development of any Portion of Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or Creek Tributaries within the City of Arroyo Grande" (hereinafter sometimes referred to as the "suspension of creek property development"), which Ordinance expired forty-five days from the date of its adoption pursuant to Government RESOLUTION NO. 07-2033 PAGE 2 Code Section 65858(a); and WHEREAS, on November 8, 2005, the Arroyo Grande City Council, adopted Ordinance 574 entitled "An Interim Urgency Ordinance of the City Council of Arroyo Grande to extend the suspension of acceptance and processing of New Applications for Development of any Portion of Property Immediately Adjacent to Arroyo Grande Creek, Tally Ho Creek, Meadow Creek or Creek Tributaries within the City of Arroyo Grande" which ordinance expired 10 months and 15 days from the date of its adoption pursuant to Government Code Section 65858(a); and WHEREAS, on August 22, 2006, the City Council held a duly noticed public and adopted Ordinance 580 extending the suspension of creek property development for a period of one year, pursuant to Government Code Section 65858(a). WHEREAS, on May 25, 2007, the City released a draft Creek Resources Protection Study that includes research and recommendations concerning the necessity for creek buffers that contribute to streambank stabilization, allow for vegetative cover and reduction of water temperature, offer a setback distance for intensive uses, provide a source of food, nesting cover, and shelter for wildlife, intercept pollutants and manage other environmental concerns, and increase environmental sustainability. WHEREAS, after consideration of all testimony and all relevant evidence, the Planning Commission has determined that the following General Plan Amendment findings can be made in an affirmative manner: 1. The proposed amendment to the 2001 General Plan agriculture, conservation and open space element provides consistency with the goals, objectives, policies and programs of the general plan: 2. The proposed amendment will not adversely affect the public health, safety, and welfare; and 3. The potential environmental impacts of the proposed amendment are considered and analyzed reviewed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the Arroyo Grande Rules and Procedures for Implementation of CEQA and the proposed project is described and included in a Negative Declaration and initial study and will have no potential environmental impacts. IVOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends to the City Council of the City of Arroyo Grande that General Plan Amendment Case No. 07-001 amending the Agriculture, Conservation and Open Space Element of the General Plan for creek protection policies and adding a map of creeks in the City of Arroyo Grande be approved as shown in Exhibit "A" attached hereto and incorporated herein by this reference. RESOLUTION NO. 07-2033 PAGE 3 On motion by Chair Ray, seconded by Commissioner Keen, and by the following roll call vote, to wit: AYES: Chair Ray, Commissioners Keen, Barneich, and Tait. NOES: None. ABSENT: Commissioner Marshall. the foregoing Resolution was adopted this 5th day of June 2007. ATTEST: KATHY DOZA FOR N REARDON-SMITH CAREN RAY, CHAIR SECRETARY TO THE COMMISSION � .___- , TERESA MC� LISH, ACTING C�MUNITY DEVELOPMENT DIRECTOR PROPOSED GENERAL PLAN AMENDMENT 07-001 — CONSERVATION ELEMENT RESOLUTION EXHIBIT "A" 5.3.1 Creek Relafed General Plan Policies 1) Add Map C/OS —1 Creeks Within the City of Arroyo Grande 2) Amend the following policies: C/OS2-1.1 `at�ea�Creeks' and `riparian corridors' shall include buffer area conesponding at least to � ed e�of riparian habitat �� andlor/creek bank. C/OS2-1.3 Where feasible, maintain a development setback of 25 — 50 feet from the top of stream bank or edge of riparian habitat dependin og n slope, habitat and floodplain characteristics. Locate development outside the setback. Except in urban areas where existing development exists to the contrary, prevent removal of riparian vegetation within 25 feet of the top of stream bank. C/OS2-1.2 Preserve stream and riparian corridors in their natural state, except t� where necessary for flood control, periodic maintenance, creekbank protection, and creek restoration consistent with State and Federal permits °'��"'�° �"��•�°a. Concrete channels and under r�OUnd �pin� of creeks and draina�es shall be minimized and allowed if it is determined by the City Council to be necessary for public health, safety and welfare. Brid e�are�referred over arched or piped culverts. C/OS2-1.4 Creekside trails may be designed to integrate with� stream and riparian corridors protection and implement miti�ation measures including those for erosion control drainage and vegetation management and allowed within building setback if it is not feasible to place the trail outside of the setback area. �r^- a°°;^� �^� ^�""';'�" ^"� ,.l,,.ao 1.,,,.i� o „.;+;,..,�'„ ii. 2) Add the following policies: C/OS _ Creeks and riparian vegetation and the natural hydrological system and the existing or potential ecological function of creeks shall be protected and evaluated in accordance with CEQA within 100 feet of the Top of Bank or upland edge of riparian vegetation, whichever is greater, within which various setbacks and other measures may be designed and implemented in accordance with City codes with the objective of protecting the environmentally sensitive creek habitats. C/OS Plan, design, and develop sites to: Protect scenic resources, water quality and natural creekside habitat, including opportunities for wildlife habitation, rest, and movement. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat corridor can be established. • Allow for natural changes that may occur within the creek comdor. • Maintain predevelopment site hydrology by using site design techniques that store, infiltrate, evaporate, or detain runoff according to the City Drainage Master Plan or any applicable Site Design Guidelines for Storm water Quality and Water Conservation as amended; • Protect areas that provide important water quality benefits or are particularly susceptible to erosion and sediment loss; • Limit impervious area by design and the use of best management practices; • Limit land disturbance activities, such as clearing and grading and cut and fill, to reduce erosion, sediment loss, and soil compaction; and • Preserve natural drainage features and vegetation to the extent possible. C/OS IMPLEMENTATION Coordinate with volunteer arganizations that provide services or programs that implement City Conservation Element policies including creek clean-up events, creek restoration activities, and creekside trial maintenance. C/OS IMPLEMENTATION. In order to reduce impacts to natural habitats from night lighting, require all sustained/constant exterior lighting to be low intensity and shielded to reduce its visibility from surrounding areas and to minimize impacts to wildlife. C/OS_IMPLEMENTATION. Disseminate information regarding the potential harmful effects of invasive plant species on native plant communities and harmful effects of toxic chemical substances and safe alternatives to toxics for home and garden use. City employees and contractors shall use Best Management Practices in construction and manintenance of City —used or owned properties, facilities, trails and rights of way. C/OS _ Incentive programs and creek management resources shall be developed to assist property owners in protecting creek corridors. C/OS Property in the vicinity of creeks are considered Archaeologically Sensitive due to the likelihood of previous settlement patterns and known cultural sensitivity of creek areas. Require cultural Resource Surveys for all discretionary proj ects in the vicinity of creeks. C/OS_ Culverting or channelization or existing open creeks should not occur unless there is strong evidence that there is no other means to prevent erosion of foundations of other existing structures. C/OS_ Coordinate with through a MOU agreement with other watershed jurisdictions groups and stakeholders and other interested parties to develop and implement public education programs and water quality enhancement activities and provide tenchnical assistance to minimize storm water pollution. Use watershed planning approaches to resolve water quality problems. C/OS Design construct, and maintain City facilities, roads, bridges, drainage and other facilities to minimize sediment and other pollutants in storm water flows. Develop and implement "best management practices" for ongoing maintenance and operation. C/OS _Continue to require grading plans to include measures to avoid soil erosion and consider upgrading requirements as needed to minimize sedimentation in storm water. GOS_ Require that discretionary projects, to the maximum extent practicable, maintain or increase the site's pre-development absorption of runoff to recharge groundwater. Implementation would include standards to regulate impervious surfaces, vary by project type, land use, soils and area characteristics, and provide for water impoundments, protecting and planting vegetation, cisterns and other measures to increase runoff retention and groundwater recharge.