In a memorandum to the Planning Commission dated October 21, 1993, Planning and Building Services staff summarized the status of the issue. The following is quoted from the memorandum:
"The Planning Commission has directed Planning staff to study and report back on methods for providing more comprehensive protection measures for riparian habitat zones. In an effort to provide the Commission with a variety of methods, staff has reviewed the measures currently contained in the County's General Plan Land Coastal Program (LCP), taken in information provided or suggested by citizens groups, and contacted other agencies for information on riparian ordinances drafted or in effect in other jurisdictions."
This initiative came about over concern that the General Plan was too vague and lacked specificity regarding protection of riparian habitat. The memorandum goes on to state:
"The General Plan does discuss the benefits of riparian habitat in a separate discussion in the Vegetative and Wildlife section of the Land Use Element in Policy 'a' of this section requires the County to provide 'reasonable measures' to 'retain and restore riparian vegetation', and Policy 'e' requires the County to continue mapping these areas as part of an ongoing survey of critical wildlife habitat, but there are no specific policies to require the identification and protection of riparian habitat."
Staff contrasted provisions in the county plan with those in the Coastal Zoning Code:
"Title 20 - Division I, the County Zoning Code for the inland areas of the County, does not define riparian habitat or provide any specific standards for the protection, enhancement or restoration. The Coastal Zoning Code (Title 20 - Division II), however, provides specific standards for these areas in Chapter 20.496 . . ."
Accordingly, staff recommended to the Planning Commission amendments in the County General Plan and Zoning Ordinance. "It is apparent from this review that the riparian habitat protection measures from those areas of the County outside the coastal zone are less specific than for those within the coastal zone. Therefore, in order to provide consistent protection measures for riparian habitats throughout the County, staff recommends that both the General Plan and Zoning Code be amended to include measures specifically designed to protect those areas."
Taking a leading role in developing a riparian protection ordinance is Friends of the Navarro River Watershed (FNR) in Boonville. Diane Paget of FNR stated members of the group obtained copies of riparian protection ordinances from other counties. They have attempted to develop a model ordinance with language that affords environmental protection but that is not too extreme or inflexible. For example, language was included to "grandfather" in existing usage.
At the meeting of the County Planning Commission on October 21, 1993, persons representing FNR testified why they felt a riparian protection ordinance is necessary. They noted that although the County General Plan provides that riparian areas will be protected, the language is too vague. Accordingly, the General Plan cannot be considered an appropriate vehicle for protecting riparian zones.
Paget stated the Planning Commission hearing on October 21, 1993, involved spirited discussion with adverse comment received from a gravel extraction company, real estate, timber and agricultural interests. Concern was expressed over the economic impact of the proposal and about its impact on private property rights. However, on a 3-2 vote (2 members of the commission were absent) the Planning Department was instructed to develop a draft riparian protection ordinance for consideration by the commission at its meeting on December 16, 1993, and to define those elements within the proposed ordinance that require policy decisions.
If an ordinance is passed, it should be in the form of a combining ordinance. that is, the language will recognize that special conditions and protective measures are required in riparian zones within existing areas zoned for agriculture, commercial use, etc.
Because of the critical importance of ensuring protection of riparian habitats, all persons interested in this issue are encouraged to attend the County Planning Commission hearing on Thursday, December 16, 1993, at 9:00AM in the Board of Supervisors chambers on South State Street in Ukiah.
Copyright Mendocino Environmental Center 2004
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