R 4020
RESOLUTION N0.4020
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE APPROVING GENERAL PLAN AMENDMENT
CASE NO. 07-001, TO AMEND THE 2001 GENERAL PLAN
CONSERVATION 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 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, 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 expired forty-five days from the date of its adoption pursuant to
Government Code Section 65858(a); and
RESOLUTION NO. 4020
PAGE 2
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 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 hearing
and adopted Ordinance No. 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; and
WHEREAS, On June 5, 2007, the Planning Commission held a duly noticed public
hearing and recommended that the City Council adopt the proposed resolution for
General Plan Amendment 07-001 that amends the Conservation Element of the
General Plan for creek protection policies; and
WHEREAS, On June 12, 2007, the City Council held a duly noticed public hearing to
consider the proposed resolution for General Plan Amendment 07-001 that amends the
Agriculture, Conservation and Open Space Element of the General Plan for creek
protection policies; and
WHEREAS, after consideration of all testimony and all relevant evidence, the City
Council 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
RESOLUTION NO. 4020
PAGE 3
and included in a Negative Declaration and initial study and will have no potential
environmental impacts; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Arroyo
Grande hereby adopts General Plan Amendment 07-001 to amend the Agriculture,
Conservation and Open Space Element as shown in Exhibit "A" attached hereto and
incorporated herein by this reference. This Resolution shall take effect thirty (30) days
after its adoption.
On motion by Council Member Costello, seconded by Council Member Fellows, and by
the following roll call vote, to wit:
AYES: Council Members Costello, Fellows, Guthrie, and Mayor Ferrara
NOES: None
ABSENT: Council Member Arnold
the foregoing Resolution was adopted this 12th day of June, 2007.
RESOLUTION NO. x{020
PAGE 4
TONY M. RA, MAYOR
ATTEST:
KELLY WETMOR,I~; CITY CLERK
APPROVED AS TO CONTENT:
STtV~N ADAMS, CITY MANAGER
APPROVED AS TO FORM:
~ti
TI OTHY J. MEL, CITY ATTORNEY
RESOLUTION N0.4020
PAGE 5
EXHIBIT "A"
GENERAL PLAN AMENDMENT 07-001 -
AGRICULTURE, CONSERVATION AND OPEN SPACE ELEMENT
AMENDMENTS TO THE AGRICULTURE, CONSERVATION AND OPEN
SPACE ELEMENT OF THE GENERAL PLAN
1) Add Map C/OS -1 Creeks Within the City of Arroyo Grande
2) Amend the following policies:
C/OS2-1.1 `Creeks' and `riparian corridors' shall include buffer area corresponding at
least to edge of riparian habitat and/or/creek bank.
C/OS2-1.2 Preserve stream and riparian corridors in their natural state, except where
necessary for flood control, periodic maintenance, creekbank protection, and creek
restoration consistent with State and Federal permits. Concrete channels and
underground piping of creeks and drainages shall be minimized and allowed if it is
determined by the City Council to be necessary for public health, safety and welfare.
Bridges are preferred over arched or piped culverts.
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 depending on slope, habitat and floodplain
characteristics. Locate development outside the setback.
C/OS2-1.4 Creekside trails may be designed to integrate with stream and riparian
corridor protection, and implement mitigation 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.
3) Add the following policies:
C/OS2-1.5 Creeks and riparian vegetation and the natural hydrological system and the
existing or potential ecological function of creeks shall be 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/OS2-1.6 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.
RESOLUTION NO. 4020
PAGE 6
• Allow for natural changes that may occur within the creek corridor.
• 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 azea 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/OS2-1.7 Incentive programs and creek management resources shall be developed to
assist property owners in protecting creek corridors.
C/OS2-1.8 Property in the vicinity of creeks is 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 projects in the
vicinity of creeks.
C/OS2-1.9 Culverting or channelization for 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/OS2-1.10 Coordinate with through a Memorandum of Understanding (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 technical assistance to minimize storm water
pollution. Use watershed planning approaches to resolve water quality problems.
C/OS2-1.11 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 2-1.12 Continue requiring grading plans that include measures for avoiding soil
erosion and consider upgrading requirements as needed to minimize sedimentation in
storm water.
C/OS2-1.13 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 standazds 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.
RESOLUTION N0.4020
PAGE 7
A/C/OS22 IMPLEMENTATION. Coordinate with volunteer organizations that provide
services or programs that implement City Conservation Element policies including creek
clean-up events, creek restoration activities, and creekside trial maintenance.
A/C/OS23 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.
A/C/OS24 IMPLEMENTATION. Disseminate information regazding 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
maintenance of City -used or owned properties, facilities, trails and rights of way.
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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
Resolution No. 4020 is a true, full, and correct copy of said Resolution passed and
adopted at a regular meeting of the City Council/Redevelopment Agency of the City of
Arroyo Grande on the 12~" day of June 2007.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 13~h day of
June 2007.
KELLY ET RE, CITY CLERK