The following resolution and ordinance were presented to the Alameda County Board of Supervisors on May 4, 2006 and approved by a vote of 4-0. The moratorium is for a period of 45 days, on the grounds that an emergency exists.


RESOLUTION NO. #####

Prohibiting Processing and Approval of Development Applications for Development
Within Fifty Feet of Creeks in the Unincorporated County
Pending Preparation and Adoption of a County Creek Policy


WHEREAS the Alameda County Zoning Ordinance regulates land uses in the unincorporated area of Alameda County and provides for processing of development applications within its jurisdiction; and

WHEREAS in response to public comment in the course of review of development projects adjacent to or near creeks, which projects have had the potential to degrade the quality of the creeks and their riparian corridors, this Board is desirous of adopting a comprehensive strategy for development that may have impacts on creeks in the County; and

WHEREAS is expected that the County may receive future applications for development adjacent to or near creeks that may have the potential to degrade the creeks further; and

WHEREAS this Board has initiated a process to develop a comprehensive creek protection strategy, estimated to be completed in between eighteen and twenty-four months; and

WHEREAS Government Code 65858 provides for the adoption of an urgency interim ordinance prohibiting any use that may conflict with a contemplated planning or zoning proposal provided there is a finding made that there is a current and immediate threat to the public health, safety, or welfare; and

WHEREAS given the onset of the process to develop a comprehensive creek strategy for the unincorporated area of the County, the possibility of future development that could compromise such strategy, and the increased citizen involvement in and scrutiny of the process and concern for such development in the area, additional development in the area would subvert the planning process by prematurely allowing development that might be contrary to policies that the strategy might establish for the area and make it difficult to implement such policies and thereby constitutes a current and immediate threat to the public welfare; and

WHEREAS there are several projects that have been proposed, reviewed, and given final County approval, which approval has addressed issues related to proximity to creeks; and

WHEREAS there are several projects for which an application has been filed based on current policies but which have not received final approval and which can be conditioned to address issues related to proximity to creeks; and

WHEREAS implementation of such projects would not be inimical to the planning process and therefore not pose a current and immediate threat to the public welfare; and

WHEREAS longstanding County plans and policies have encouraged agricultural operations, and this Board feels that current County plans, policies, and regulations of agricultural activities adequately address issues related to proximity to creeks and that a moratorium as proposed could result in undue hampering of such operations contrary to these longstanding plans and policies; NOW THEREFORE

BE IT RESOLVED that this Board of Supervisors does hereby find that processing of further development applications in the unincorporated County area presents a current and immediate threat to the public welfare in that approval of such development prior to completion of the planning process for the area could subvert that process by allowing land uses contrary to plan policies; and

BE FURTHER RESOLVED that this Board of Supervisors does hereby adopt the attached urgency interim ordinance for a period of forty-five (45) days from the date of adoption of said interim ordinance; and

BE IT FURTHER RESOLVED that this Board does hereby refer the matter to the Alameda County Planning Commission for public hearing and recommendation regarding extension of the moratorium, including possible refinement of the area and types of development to which the moratorium should apply; and

BE IT FURTHER RESOLVED that this Board does hereby reaffirm its direction to the Planning Department to commence the process for development of a comprehensive County-wide creek strategy and to proceed with due diligence to complete it in the most expeditious manner.

Adopted by the Board of Supervisors of the County of Alameda, State of California, on Thursday, the fourth day of May, 2006, by the following vote:

AYES: Supervisors Haggerty, Lai-Bitker, Miley, and Steele

NOES: None

EXCUSED: Supervisor Carson

KEITH CARSON
President of the Board of Supervisors
of the County of Alameda,
State of California

ATTEST: CRYSTAL HISHIDA
Clerk of the Board of Supervisors
of the County of Alameda,
State of California
By: Crystal Hishida



ORDINANCE NO. _____

AN URGENCY INTERIM ORDINANCE AMENDING TITLE 17
OF THE ALAMEDA COUNTY ORDINANCE CODE
RELATING TO ZONING


The Board of Supervisors of the County of Alameda, State of California, do ordain as follows:

SECTION I

The Alameda County Ordinance Code is hereby amended to add the following Section:

Temporary Prohibition of Approval of Development Applications

Beginning on the effective date of this interim ordinance and continuing for the duration of this interim ordinance and any extension(s) thereto, the County shall not process or approve development applications for development adjacent to or near creeks pending adoption of a comprehensive creek protection strategy. The area to which this interim ordinance applies is described as:

All that property in the unincorporated County area that lies within fifty feet of the top of bank of any watercourse, defined as any conduit or appurtenant structure or any natural or man-made channel through which water flows continuously or intermittently in a definite direction and course or which is used for the holding, delay or storage of water.

This prohibition does not apply to 1) projects that have received a final approval from the County as of the effective date of this Ordinance, including but not limited to action on rezonings, tentative subdivision maps, site development reviews, conditional use permits, or variances, nor to any permits or subsequent approvals issued pursuant to such approvals (except for projects requiring a deviation, variance or waiver from the Watercourse Protection Ordinance, Chapter 13.12); 2) projects for which an application has been submitted to the County as of the effective date of this Ordinance, including but not limited to the Planning Department and the Public Works Agency, nor to any permits or subsequent approvals issued pursuant to any approvals as may be granted to these projects; nor 3) agricultural operations as defined in Ordinance Code Section 13.12.030.

SECTION II

It is the finding of this Board of Supervisors that approval of development applications, other than those noted above, in the above described area presents a current and immediate threat to the public welfare as set forth in Resolution No. ##-###. It is also the finding of this Board of Supervisors that the County is preparing a comprehensive creek protection strategy that may regulate development in that area. Therefore, this measure is declared to be an urgency interim ordinance, to take effect and be in force immediately upon its passage and before the expiration of fifteen (15) days after its passage it shall be published once with the names of the members voting for and against the same in the Inter-City Express, a newspaper published in the said County of Alameda.

As an urgency interim ordinance, this Ordinance shall be of no further force or effect forty-five (45) days from its date of adoption.

Adopted by the Board of Supervisors of the County of Alameda, State of California, on Thursday, the fourth day of May, 2006, by the following vote:

AYES: Supervisors Haggerty, Lai-Bitker, Miley, and Steele

NOES: None

EXCUSED: Supervisor Carson

KEITH CARSON
President of the Board of Supervisors
of the County of Alameda,
State of California

ATTEST: CRYSTAL HISHIDA
Clerk of the Board of Supervisors
of the County of Alameda,
State of California
By: CRYSTAL HISHIDA