Committee supports hiring consultant to update draft creek buffer ordinance, eyes map and rule changes

The Santa Barbara City Sustainability Council Committee on Aug. 7 received an extensive update on a draft creek-buffer ordinance and voted to support staff's recommendation to hire an outside consultant to refine the proposal.

Staff said the current codified creek buffer in the city is 25 feet from Mission Creek and explained that the draft ordinance proposes larger, tiered buffers: 50 feet from top of bank for major creeks, 35 feet for flood-control reaches and 15 feet for minor creeks. The draft would apply to new development and substantial redevelopment; existing legal development could be maintained and repaired, with a modification process available for constrained lots.

Staff reviewed outreach and responses to the January-to-April public comment period: they reported receiving 121 comment letters during the formal comment period and additional submissions after that. Two petitions were cited during the presentation: one identified as "Santa Barbara Creek Neighbors" opposing the ordinance (about 384 signatures at the time reported) and a coalition of 15 local environmental organizations supporting strong creek buffers (about 763 signatures). Staff said they had more than 100 stakeholders engage in meetings, phone calls and site visits.

Common concerns raised by residents included potential effects on property values, impacts on accessory dwelling units and mortgage/insurance questions, the treatment of disaster rebuilds, the map'based creek classifications and the threshold for substantial redevelopment. Staff said they are considering a range of changes and studies: clarifying that disaster rebuilds would be allowed (and that applicants can rebuild to their prior density), raising the threshold for what counts as substantial redevelopment, removing some development-size limits within buffers, and hiring a consultant to update the creek map and erosion/geomorphic reports.

Staff told the committee they expect the consultant effort to cost in the range of $400,000, to be paid from the Creeks Reserve Fund, and that staff would return with a procurement recommendation to the City Council for contract award and a status update in the fall (staff signaled an October return to committee before bringing a contract to council). Staff said they would re-release a full draft and undertake additional outreach once consultant work is ready.

During public comment Ray Hunter asked whether the city has restoration or invasive-plant removal efforts in channelized sections; staff replied that the Creeks Division maintains restoration programs, invasive-plant removal and private-property assistance such as the crew tree program and that some county-owned concrete channels are constrained for modification.

Committee members spoke in support of commissioning a consultant and of expanded outreach; one council member said the committee's early outreach and site visits helped inform staff work and that more community meetings in impacted neighborhoods would be useful. A motion to receive the update and support staff direction to hire a consultant (recommendations a and b in the staff report) carried in a roll-call vote with Council members Kristen Claddens, Eric Freeman and Megan Harmon voting yes.

Staff indicated the draft ordinance is part of the city's ongoing implementation of general-plan and coastal-plan commitments and was recommended by the 2011 programmatic EIR as a mitigation to address cumulative creekside development impacts.