Chapter 18.144
STREAM DEVELOPMENT AND MAINTENANCE PROVISIONS

Sections:

18.144.010    Applicability to streams.

18.144.020    Dedication of drainage and scenic easements.

18.144.030    Within the stream channel.

18.144.040    Maintenance of areas adjacent to stream channels.

18.144.010 Applicability to streams.

The following development and maintenance provisions shall apply to Cordilleras, Brittan and Pulgas Creeks within the City. (Ord. 977 § 1 Ex. A (part), 1987)

18.144.020 Dedication of drainage and scenic easements.

The City shall, as a condition of a development permit or subdivision, require the dedication of a drainage and/or scenic easement and maintain in its natural condition or existing state each stream channel within the top of each bank or such other distance as may be specified by the Planning Commission or City Council to avoid excavation, filling, development or construction that could adversely affect the public health and safety by aggravating drainage flows during flooding conditions or interfering with the streamside habitat. (Ord. 977 § 1 Ex. A (part), 1987)

18.144.030 Within the stream channel.

A. The streambed and streambanks shall not be filled, graded, excavated or obstructed by any development, construction or activity associated with such development except for placement of approved storm drain outflows. Such outflows and the associated drainage facilities shall be designed so as to eliminate or minimize increases in the rate and amount of stormwater discharge.

B. Vegetation in the streambed or streambank shall not be cut or removed except for normal maintenance, to facilitate drainage and to permit adequate flow of water.

C. The City may allow alteration of the stream channel and vegetation as an exception to above subsections for minor restoration or maintenance necessary to prevent flooding, reduce siltation or otherwise provide for the public health or safety. Except in the case of emergency, all such restoration and maintenance shall be confined to the dry months (April 15th to October 15th) and all erodible slopes and surfaces exposed by such work will be hydromulched or secured by equally effective erosion control prior to October 15th to the satisfaction of the City Engineer. (Ord. 977 § 1 Ex. A (part), 1987)

18.144.040 Maintenance of areas adjacent to stream channels.

A. The City shall require as a condition of a development permit or subdivision, the maintenance of a strip of land at least twenty-five feet wide on each side of the creek, measured from the top of bank or such other distance as may be specified by the Planning Commission or City Council, to avoid excavation, filling, development or construction that could adversely affect the public health and safety by aggravating drainage flows during flooding conditions or interfering with streamside habitat.

B. Within the twenty-five-foot width of land maintained in a natural state along each creek:

1. The riparian zone determined under this chapter shall not be filled, graded, excavated or obstructed, except for purposes of low intensity, passive recreation or conservation uses approved by the City Council. Such development shall be kept to the minimum amount necessary to accomplish its aims and designed and executed so as to minimize erosion, sedimentation or runoff in or into the stream channel. Such development shall be confined, except in cases of emergency, to the dry months (April 15th to October 15th), and all erodible ground surfaces will be hydromulched or secured by equally effective erosion control prior to October 15th.

2. Growing vegetation in the riparian zone shall not be cut or removed except when necessary for the low-intensity and conservation uses referred to in the above subsection. Such cutting or removal of vegetation shall be limited to the minimum amount necessary, with special care to avoid removal of vegetation immediately adjacent to the banks of the stream.

3. The City may allow an exception to the above subsections for minor restoration and maintenance activity, including removal of debris when necessary to protect the public health and safety, or minor weed abatement activity necessary to protect life or property. (Ord. 977 § 1 Ex. A (part), 1987)