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HomeMy WebLinkAbout02/02/2010, PH 1 - INTRODUCTION OF AN ORDINANCE TO PROTECT RIPARIAN HABITAT AND WATER QUALITY IN SAN LUIS OBISPO counat Iem Numb � 0 acEnaa Repoat i C I T Y OF SAN LUIS OBISPO FROM: Shelly Stanwyck,Assistant City Manager Prepared By: Neil Havlik,Natural Resources Manager Freddy Otte,City Biologist SUBJECT: INTRODUCTION OF AN ORDINANCE TO PROTECT RIPARIAN HABITAT AND WATER QUALITY IN SAN LUIS OBISPO RECOMMENDATION Introduce an ordinance establishing rules governing the use of creek, creekside, and riparian areas with the City of San Luis Obispo,for the purpose of protecting riparian habitat and water quality. DISCUSSION Background For many years, the City of San Luis Obispo has had regulations prohibiting camping, fires; and other activities in various areas around the City. The current rules, however, are found in different places within the municipal code, which at times renders enforcement problematic. Furthermore, these regulations do not focus on issues affecting the City's creeks. The proposed ordinance directly addresses activities on or along the City's creeks (whether public or private), identifies the reasons why the City of San Luis Obispo needs to take this step, and sets out provisions of enforcement. Why the Ordinance is Needed The primary reason for implementing the proposed ordinance is the increasing responsibility placed upon the City of San Luis Obispo and other local governments by new regulations at the State and Federal levels regarding protection of water quality, endangered species, and public health and safety. The City of San Luis Obispo may be held liable for certain violations of these regulations, whether the City is the actual cause of the violations or not. In order to properly address this responsibility, the City needs to take a more proactive role in protection of water quality for waters of the United. States, and in protection of the other community values represented by healthy waterways. City staff has prepared a draft ordinance, modeled after similar regulations adopted by several municipalities around the state. The ordinance accomplishes several things: (1) identifies the source and nature of requirements being placed upon the City of San Luis Obispo by superior agencies, and the expectations created by the actions of those agencies; (2) identifies the types of activities known or suspected of being causes of violations of the regulations of superior g1havUlcoacilagenda/creek protection ordinance R 1 Council Agenda Report—Creek Protection Ordinance Page 2 agencies; (3) identifies or defines the lands subject to the ordinance; and (4) provides a mechanism to govern the activities that are permitted or prohibited within those lands. The ordinance will provide strong regulation of activities within creek and riparian areas within the City of San Luis Obispo. This will be accomplished by prohibiting activities that foster environmental damage to such areas (primarily unauthorized or illegal camping) and the activities that spin off from this basic problematic use. Such activities include but are not limited to hunting, shooting, fishing, lighting of fires, use of unauthorized motor vehicles, urinating, defecating, trash dumping, solicitation, disturbance of natural or cultural features, tying or attaching anything to riparian vegetation, and possession or use/consumption of drugs or alcohol. The primary means of enforcement of the ordinance would be by the Police Department, which will now have clear authority to enforce creek protection, together with support as appropriate from City Rangers, Natural Resources staff, and other City staff. CONCURRENCES The proposed ordinance has been prepared with the participation of the Police Department, City Attorney's office, the City Ranger Service, and California Department of Fish and Game wardens over approximately a six-month period. FISCAL IMPACT No significant fiscal effect of the implementation of the ordinance is anticipated There may be some increases in citations or other notices however, these are not expected to change substantially. What the ordinance will do is make very clear the rules governing use of creek and riparian areas in one location within the Municipal Code,thereby making enforcement easier. ALTERNATIVE 1. The Council could reject the ordinance. However, this is not recommended as the City itself is being held responsible for the protection of water quality and other values of the waters of the United States, and it is incumbent upon the City to utilize its police powers to cant'out those requirements to the best of its ability. 2. The Council could choose to modify aspects of the proposed ordinance to strengthen or weaken certain provisions. On the whole, however, staff believes that the proposed ordinance provides clear background, purpose, and direction to citizens regarding the proper use of the City's creeks and creekside areas. ATTACHMENT Draft Ordinance oL- ATTACHMENT ORDINANCE NO. (2009 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO PROTECTING CREEKS,RIPARIAN CORRIDORS AND ASSOCIATED NATURAL RESOURCES WITHIN CITY LIMITS WHEREAS, the City of San Luis Obispo owns or controls several open space properties along San Luis Obispo Creek and its tributaries; and WHEREAS, various segments of the Creek and its tributaries also run across privately owned properties, to which the City may not currently have legal access; and WHEREAS, the City of San Luis Obispo is subject to California Department of Fish and Game regulations as to any and all of its activities associated with, or within the riparian corridor associated with, a watercourse with a defined bed and bank of San Luis Obispo Creek or any of its tributaries subject to Section 1600 (streambank alteration) and Section 5652 (litter in the streambed) of the Fish and Game Code; and WHEREAS, the City is also subject to regulation under the California Endangered Species Act and the Federal Endangered Species Act (ESA) of 1973 and two federally protected species under the ESA, Steelhead trout (Oncorhynchus mykiss) and the California Red-legged frog (Rana aurora), which occur within City limits; and WHEREAS, enrollment of the City of San Luis Obispo in the Storm Water Management Program ("SWMP" June 2009) brings new regulations with which the City must comply in order to reduce the environmental impact from stormwater run-off and human activities in the local creek systems and it is the City's intention that the provisions of this ordinance will complement and work in conjunction with the City's Storm Water Quality Ordinance, Section 12.08, to further the City's compliance with the currently approved SWAP; and WHEREAS, there have been numerous instances of human conduct in and around the creek, tributaries and riparian corridors, including camping, urination and defecation, improper solid waste disposal, fires, and prohibited fishing, that inhibit the City's ability to comply with its statutory and regulatory obligations and/or threaten the health and integrity of the City's valuable natural resources; and WHEREAS, the City's current regulations have proven to be incomplete, difficult to enforce and inadequate to prevent and address in a comprehensive way the human conduct that is adversely impacting the City's waterways and the City wishes to enact a cohesive and comprehensive framework of regulations to protect and preserve the creek, its tributaries and riparian corridors throughout the City, while ensuring its compliance with its statutory, regulatory and permitting obligations; ATTACHMENT NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. That new Chapter 12.23 of the San Luis Obispo Municipal Code is hereby added and shall be codified to read as follows: Chapter 12.23 CREEKS,TRIBUTARIES AND RIPARIAN CORRIDOR REGULATIONS 12.23.010 Purpose and Scope A. This Chapter shall govern all Regulated Areas, as defined herein, within the jurisdictional limits of the City of San Luis Obispo, whether located on public or private property. B. The public health, safety, and welfare, as well as the City's ability to comply with its statutory, regulatory and permitting obligations with respect to the protection of its creeks, tributaries, riparian corridors and associated natural resources, require that the City adopt and enforce comprehensive regulations specifically prohibiting deleterious activities within these areas, whether located on public or private property. C. The purpose of this Chapter is to establish clear and direct requirements for the inspection and maintenance of the areas governed by this section and to authorize city enforcement of violations of the provisions of this Chapter by individuals engaging in prohibited activity and/or property owners permitting prohibited activities or conditions to occur or be maintained on their properties. 12.23.020 Regulated Areas Regulated Areas subject to the requirements and prohibitions of this Chapter include the following areas within the City limits: A. Creeks including San Luis Obispo Creek and its tributaries and any other"Water of the United States," as defined in 40 CFR 122.2, including all surface watercourses and waterbodies, natural waterways and definite channels and depressions in the earth, or such sections or connections of such waters that have been lined with concrete, covered or channelized in the past, that may carry water, even though such waterways may only carry water during rains and storms and may not carry surface water at and during all times and seasons. B. Riparian areas, which include the area between a stream or other body of water and the adjacent upland identified by soil characteristics and distinctive vegetation and P[-� [ -q ATTACHMENT wetlands and those portions of floodplains and valley bottoms that support riparian vegetation (herbaceous plants, shrubs, and trees which are naturally associated with stream side environments, and with roots and branches extending in or over a creek channel). C. Other portions of City-owned properties adjacent to or including riparian areas as defined in Section B above. 12.23.030 Prohibited Activities and Conditions It shall be unlawful and a violation of this section for any person to engage in or maintain, or for any property owner to allow or maintain, any of the following activities or conditions in Regulated Areas: A. Collecting, gathering, or disturbance of any natural or cultural resources, except for pruning, removal of materials or any other'activities authorized under appropriate permits from State and/or Federal agencies or in conjunction with permitted city-sponsored activities. B. Staying or camping overnight. C. Entering into or remaining within Regulated Areas that are open to the public between one hour after sunset and one hour before sunrise of the following day without approval from the City Manager or his or her designee. D. Entering into or remaining within property to which public access is prohibited or restricted. E. Driving or otherwise operating a vehicle, except as authorized in conjunction with otherwise permitted activity. F. Using bicycles in Regulated Areas not explicitly labeled as areas and/or trails designated for bicycle use. G. Possessing or consuming alcoholic beverages. H. Disposing of, depositing, throwing, keeping or accumulating trash, litter, rubbish, rubble, garbage, debris or other solid waste, dirt, green waste or animal waste. I. Travelling outside of designated paths. J. Posting any sign on a tree, tree-stake or guard, or fasten any wire, cable or rope to any tree, tree-stake or guard unless otherwise authorized by the City. K. Urinating or defecating. ATTACHMENT L. Making any excavation or unauthorized encroachment. M. Possessing or discharging of weapons, firearms, paintballs, fireworks, or building fires. N. Any act in a Regulated Area constituting a violation of any provision of CESA, ESA, the California Public Resources, or any regulation of the California Department of Fish and Game, or of any permit or approval issued by any federal, state or local agency having jurisdiction over the Regulated Area shall also be a violation of this Chapter. 12.23.040 Inspection and Enforcement A. Whenever necessary to make an inspection to enforce any provision of this ordinance, or whenever the Director of Parks and Recreation has cause to believe that there exists, or potentially exists, in or upon any premises any condition which constitutes a violation of this ordinance, the City Manager or his or her designee may enter such premises during normal business hours to inspect the same, take water samples and/or verify that compliance with this ordinance is occurring. In the event that the owner or occupant refuses entry after a request has been made, the City is hereby empowered to seek assistance from any court of competent jurisdiction or other state or federal agency staff with jurisdiction in obtaining such entry. B. Violation of this Chapter shall be a misdemeanor and may be enforced by the filing of a criminal action by the City Attorney or the issuance of an administrative citation in accordance with the provisions of Chapter 1.24 by city staff authorized by the City Manager to issue citations. 12.23.050 Appeals Any person aggrieved by an act or determination of the staff in exercising the administrative authority herein granted shall have the right to appeal to the City Council in accordance with the provisions of Chapter 1.20. 12.23.060 No Liability upon the City Nothing in this chapter shall be deemed to impose any liability upon the City or upon any of its officers or employees,nor to relieve the owner or occupant of any private property from the duty to keep property in safe condition. SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. ATTACHMENT INTRODUCED on this day of 2010, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the day of 2010, on the following vote: AYES: NOES: ABSENT: Mayor David F. Romero ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: Christine Dietrick City Attorney