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O 574 ~-- - ---- - - .. - INTERIM URGENCY ORDINANCE NO. 574 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 contribuie 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. 574 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 resou rces 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 irnpacts 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, enforcernent 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; an'd 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 rnay 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 penmitting development. in areas adjacent to creeks that may contribute to cumulative ecological; recreational and land use impacts and determine -- INTERIM URGENCY ORDINANCE NO. 574 PAGE 3 possible mitigation measures or other 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 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 held a duly noticed public hearing to consider extending the suspension of creek property development for a period of ten (10) months and fifteen (15) days, 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 becorne effective immediately upon its adoption, and shall rernain in force and effect thereafter for a period of ten (10) months and fifteen (15) days, or until it is repealed, or extended 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. On motion by Council Member Guthrie, seconded by Council Member Arnold, and by the following roll call vote to wit: AYES: Council Members Guthrie, Arnold, Dickens, and Mayor Ferrara NOES: None ABSENT: Council Member Costello the foregoing Ordinance was adopted this 8th day of November 2005'. INTERIM URGENCY ORDINANCE NO, 514 PAGE 4 , MAYOR ATTEST: ! . ~, j' i.. ' ~";'--. ,', "", i) ,"I ; -"'--"'" '_,...-'l,_/''''-- --" ,'-'- KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: ~--/~~- STEVEN ADAMS, CITY MANAGER APPROVED AS TO FORM: ~\~~ y. TIM HY J. C RMEL,"CrfV--ATTORNEY i ! 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, 574 was passed and adopted at a regular meeting of the City Council of the City of Arroyo Grande on the 8th day of November 2005; 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 9th day of November 2005. - J f / , II. . , , ,I I I I / " I I '<,{"J..i_,t\ ~ '_',_,( '~r L.[..,{. i.__,~. , KELLY WETMqRE, CITY CLERK ,/ \