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;

WHEREAS there are certain types of minor projects, including but not limited to maintenance and repair of existing building and other structures, minor or routine maintenance work performed by a property owner on or in a watercourse flowing through the property, emergency repairs or other work, projects for which only ministerial approval is required, projects on existing parcels that meet all requirements without the need for subdivision, zoning change, etc., and single family development, that would not be inimical to the planning process and therefore not pose a current and immediate threat to the public welfare; and

WHEREAS it the finding of this Board that adoption of the moratorium as modified will not affect the County's ability to meet its Housing Element goals because the moratorium 1) is temporary and will expire at a specified time after which point the restrictions will no longer be in place; 2) will have minor impact on identified Housing Element opportunity sites because the bulk of the sites are not within the moratorium corridor; and 3) will not apply to multi-family development; 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 interim ordinance for a period of ten (10) months and fifteen (15) days from the date of adoption of said interim ordinance, to expire May 4, 2007; 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 fifteenth day of June, 2006, by the following vote:

AYES: Supervisors

NOES: None

EXCUSED: Supervisor

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

ATTEST: CRYSTAL H. GRAFF
Clerk of the Board of Supervisors
of the County of Alameda,
State of California
By: Crystal H. Graff


ORDINANCE NO. O-2006-

AN URGENCY INTERIM ORDINANCE EXTENDING A MORATORIUM ON CERTAIN LAND USE APPROVALS FOR PROPERTIES
ADJACENT TO CREEKS OR OTHER WATERCOURSES

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 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 West County area (the area within the Urban Growth Boundary established by Measure D, enacted by the voters of Alameda County in November, 2000) 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;
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, except for projects requiring a deviation, variance or waiver from the Watercourse Protection Ordinance, Chapter 13.12;
3) Agricultural operations as defined in Ordinance Code Section 13.12.030;
4) Any public works project, including public improvement projects, maintenance activity, and restoration projects;
5) Interior and exterior maintenance and repair of existing buildings;
6) Repair of structures, including private bridges, culverted creek crossings, and outfall structures;
7) Work within a public roadway right-of-way where the road crosses a watercourse;
8) Minor or routine maintenance work as defined in the Watercourse Ordinance performed by a property owner on a watercourse flowing through the property;
9) Performance of emergency work necessary to protect life and property when an urgent necessity therefore arises;
10) Construction of new bridges and creek crossings to facilitate access to parcels when the required planning approvals and environmental studies for the intended use have been obtained and appropriate mitigation measures approved;
11) Construction of new storm drain outfalls, including connection of new outfall structures to existing drainage facilities to facilitate drainage of parcels when the required planning approvals and environmental studies for the intended use have been obtained and appropriate mitigation measures approved;
12)Projects for which only ministerial approval is required;
13)Projects on existing parcels that meet all requirements without the need for subdivision approval or zoning changes;
14)Repairs to or replacement of existing homes and property;
15) Single family residential development, including regular maintenance and repair, emergency construction, construction of new single family residences on existing lots, and construction of accessory structures, including swimming pools; and
16) Projects with a significant component of multifamily housing, as defined in Government Code Section 65858(c),
On development subject to this ordinance, the Director of Public Works shall not issue any waiver, variance, or deviation from the provisions of the County Watercourse Ordinance within twenty (20) feet of the top of bank of any creek as defined herein.

The phrase "development applications for development" applies to applications for approval arising under the Planning and Zoning Laws, Government Code Section 65000 et seq., the Subdivision Map Act, Government Code Section 66410 et seq., and the County zoning and subdivision ordinances enacted pursuant to such laws. This phrase does not include works of public improvement or maintenance activities undertaken by a public agency.

The Planning Director is authorized to approve modifications to existing, exempted applications so long as the changes do not materially change the nature of the application.

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. R-2006-181. 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 ten (10) months and fifteen (15) days from its date of adoption, expiring May 4, 2007.


Adopted by the Board of Supervisors of the County of Alameda, State of California, on June 15, 2006, by the following called vote:

AYES: Supervisors Lai-Bitker, Miley, Steele and Vice-President Haggerty - 4
NOES: None
EXCUSED: President Carson - 1


______________________________________
President of the Board of Supervisors of the
County of Alameda, State of California


ATTEST: CRYSTAL H. GRAFF, Clerk
of the Board of Supervisors of the County of
Alameda, State of California


_____________________________________


Approved as to form, RICHARD E. WINNIE
County Counsel


_______________________________________

O-2006-##
F20809???
Item #12
Agenda 6/15/06