O 580
INTERIM URGENCY ORDINANCE NO. 580
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCil OF
THE CITY 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
WHEREAS, the City Council recognizes the environmental sensitivity and the need for City
policy to reflect and contribute to environmental protection and preservation of the Arroyo
Grande Creek, Tally Ho Creek, Meadow Creek and associated tributaries; and
WHEREAS, the City Council believes it is in the best interest of the public to maintain
protection of its riparian resources in order to maintain an equilibrium between the natural
feature of, and manmade alterations to, the City's creek and riparian environment, and in
order to preserve the scenic beauty of these important natural resources and the
recreational, aesthetic and economic benefits they provide; and
WHEREAS, the City Council recognizes 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; and
WHEREAS, amongst these other environmental factors, the City Council is aware that
portions of these creeks are known to provide critical habitat for flora and fauna protected
under the Endangered Species Act; and
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
INTERIM URGENCY ORDINANCE NO. 580
PAGE 2
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 healthy, functioning
ecosystem"; and
WHEREAS, On July 12, 2005 the City Council of Arroyo Grande, 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, the City has identified concerns and impacts directly related to development
adjacent to creeks that are not adequately or consistently addressed through the City's
policies and regulations including erosion, alteration of creek banks, riparian habitat
protection, rapid sedimentation, recreation and trail dedication, enforcement of provisions of
dedicated creek easements, measurement of top of creek bank, non-conforming structures
on creek banks and feasibility of development on non-conforming and/or antiquated lots that
include creeks and riparian habitat; and
WHEREAS, the City believes the City's environment is an integral and essential aspect of the
City's economic viability and overall well being; and
WHEREAS. there are inconsistencies between the City's 2001 General Plan Land Use Map
that designates all creeks and areas surrounding creeks within the limits of the City of Arroyo
Grande as Conservation/Open Space and the City's Zoning map that zones areas of Arroyo
Grande Creek and Tally Ho Creek and often adjacent deeded Pacific Coast Railroad
properties as Public Facilities; and
WHEREAS. the City Council, Planning Commission, other boards and committees and City
staff have had to address these inconsistencies which have made the development review
and approval process confusing, time-consuming, inefficient and potentially detrimental to the
health safety and general welfare of the community; and
WHEREAS, the City Council believes these aforementioned concerns and inconsistencies
related to development adjacent to creeks and riparian habitat may have a permanent long
lasting negative affect on the health and welfare of its environment and potentially its
economic viability; and
WHEREAS, this ordinance is an urgency ordinance for the protection of the public health,
safety, economy and welfare of the citizens of the City of Arroyo Grande that shall become
effective immediately upon its approval by the affirmative votes of at least four members of
the City Council. The City Council deems that it is critically necessary to protect habitat along
creek corridors from encroachment of development that may contribute to the
aforementioned issues. The City Council seeks to ensure that development occurs in a
logical and orderly fashion within the City, and to study the effects of setbacks, buffers and
other provisions that will implement the policies of the 2001 General Plan. Consequently, the
City Council seeks to avoid permitting development in areas adjacent to creeks that may
contribute to cumulative ecological, recreational and land use impacts and determine
INTERIM URGENCY ORDINANCE NO. 580
PAGE 3
possible mitigation measures or otl:1.eJ procedures and protections to minimize the impacts of
development in these areas; and
WHEREAS, the City Council desires to promptly study and re-evaluate the designation of
areas adjacent to creeks within the limits of the City of Arroyo Grande consistent with the
2001 General Plan.
WHEREAS, On September 27,2005 the City Council of Arroyo Grande, 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 expires forty-five days
from the date of its adoption pursuant to Government Code Section 65858(a); and
WHEREAS, On November 8, 2005, the City Council of Arroyo Grande, 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 Adjeacent to Arroyo Grande Creek, Tally Ho Creek,
Meadow Creek or Creek Tributaries within the City of Arroyo Grande" which ordinance
expires 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 hearing to
consider extending the suspension of creek property development for a period of one
year, pursuant to Government Code Section 65858(a).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1: For the foregoing reasons which are incorporated herein, pursuant to the
authority vested in the City Council by California Government Code Section 65858, this
urgency ordinance shall create a moratorium on acceptance and processing of building or
grading permits or new land use applications which seek to improve or develop property
within twenty-five (25) feet of the top of a creek bank or edge of riparian vegetation,
whichever is greater, abutting Arroyo Grande Creek, including its tributaries, (Tally Ho Creek,
Spring Creek, Newsome Springs Creek and Los Berros Creek), or Meadow Creek, including
its tributaries, within the City of Arroyo Grande in order to study the current and immediate
threat of such development to the public health, safety and welfare.
SECTION 2: This urgency ordinance is adopted pursuant to Government Code Section
65858 and shall become effective immediately upon its adoption, and shall remain in force
and effect thereafter for a period of one year, or until it is repealed by further action of the City
Council.
SECTION 3: Within fifteen (15) days after its passage, this ordinance shall be published
once, together with the names of the Council members voting thereon, in a newspaper of
general circulation within the City.
INTERIM URGENCY ORDINANCE NO. 580
PAGE 4
On motion by Council Member Arnold seconded by Council Member Costello, and by the
following roll call vote to wit:
AYES:
NOES:
ABSENT:
Council Members Arnold, Costello, Dickens, Guthrie, and Mayor Ferrara
None
None
the foregoing Ordinance was adopted this 2200 day of August 2006.
INTERIM URGENCY ORDINANCE NO. 580
PAGE 5
~
TO~ MAYOR
ATTEST:
~
APPROVED AS TO CONTENT:
~~.
ST ADAMS, CITY MANAGER
APPROVED AS TO FORM:
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 is a true, full, and correct copy of Interim Urgency Ordinance No.
580 which was adopted at a regular meeting of the City Council of the City of
Arroyo Grande on August 22, 2006; 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 23rd
day of August 2006.
{'UL
KELLY WE MORE, CITY CLERK