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.