Ch. 25, Article VIII

Article VIII.
Creekside Protection Plan

25.900 Purpose.

It is the purpose of this article to provide for the maintenance, restoration, protection and enhancement of streams and riparian zones in a manner compatible with the character of the adjoining property, and in a manner which prevents significant adverse environmental impacts to the Suisun Marsh.

25.901 Applicability

(a) The streams addressed in this article are: Jameson Canyon Creek (subsection a), American Canyon Creek (subsection a), Green Valley Creek (upstream from Interstate 80: subsection a; downstream from Interstate 80: subsection b), Suisun Creek (subsection a), Ledgewood Creek upstream from I-80 (subsection a), Dan Wilson Creek (subsection c), and Laurel Creek above Paradise Valley Drive (subsection b) in the City of Fairfield.

(b) The provisions of this Article shall not apply to any property which was in compliance with Ordinance No. 80-32 on April 16, 1992. A property owner may demonstrate compliance with Ordinance No. 80-32 through an approved tentative map which has not expired, a recorded final subdivision map, a recorded parcel map, preliminary or final architectural approval, a development agreement which remains in effect, planned development zoning, a recorded easement, or other means acceptable to the City Engineer.

25.902 Definitions

a. Stream bed. The bottom surface of a stream or watercourse.

b. Stream bank. The land at the edge of the stream bed.

c. Stream Environment Zone. A strip of land to be dedicated to the City which includes at a minimum the stream bed, stream banks, the riparian zone (see definition below), and any additional land as required in this Article.

d. Stream Restoration Plan. A stream restoration plan is a comprehensive plan for the restoration of the stream environment. The plan may require revegetation, removal of exotic vegetation, flood improvements, stream bank and stream bed stabilization, erosion control, public access, recreation, and aesthetic improvements. A stream enhancement plan (see definition below) may be an element of a stream restoration plan.

e. Stream Enhancement Plan. A plan which increases the value of the stream environment’s aesthetic, flood control, biological, erosion control, and/or recreational capacities.

f. Riparian Zone. The zone where is found the native vegetation which lives along stream banks.

25.903 Creekside regulation.

(a) The following provisions shall apply to Jameson Canyon Creek, American Canyon Creek, Green Valley Creek upstream from Interstate 80, Suisun Creek, Ledgewood Creek upstream from Interstate 80 within the City of Fairfield.

(1) The City shall require dedication at the time of a request for any land use, development, subdivision, PUD, or building permit approval, of a stream environment zone at least 200 feet wide in its natural or existing state, which shall include the stream bed, the stream banks, and a riparian zone at least 50 feet wide, measured from the top of the channel bank. The exact width will depend on the particular stream environment.

(2) The streambed and streambanks shall not be filled, graded, excavated, or obstructed by any development, construction, or activity associated with such development, nor shall vegetation in the streambed or on the streambanks be cut or removed, except for the following circumstances:

A. Placement of City-approved storm drain and irrigation outflows. Such outflows and the associated drainage facilities shall be designed so as to eliminate or minimize increases in the rate and amount of storm water discharge.

B. Placement of public and non-public utility lines.

C. Construction of bridges and their connecting roadways.

D. Restoration, enhancement, or maintenance necessary to prevent flooding, reduce siltation, or otherwise provide for the public health and safety.

E. Work identified on a stream enhancement or restoration plan approved by the City Engineer pursuant to subsection (a) (5). Any alteration shall be the minimum amount necessary to achieve the purpose of the project.

All work must be approved by the City Engineer. Any alteration shall be the minimum amount necessary to achieve the purpose of the project. Such minor improvements shall follow the standards established in subsection (a) (4).

(3) The riparian zone determined under subsection (a) (1) shall not be filled, graded, excavated, or obstructed, nor shall vegetation in the riparian zone be cut or removed, except for the following circumstances:

A. Construction of facilities for low intensity, passive recreation, or conservation uses (e.g., pedestrian and bicycle trails and paths, and foot bridges) approved by the City Engineer

B. 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, or other activities described in subsection (a) (2).

Such minor improvements shall follow the standards established in subsection (a) (4).

(4) All work within stream environment zones shall be kept to the minimum amount necessary to accomplish the goals of this Article. Erosion in excess of natural levels shall be prevented and riparian vegetation shall be protected utilizing the following basic standards:

A. Removal of riparian vegetation shall be limited to the minimum amount necessary.

B. Development work shall be accomplished between April 15 and October 15. When necessary, extensions of this time period may be granted by the City Engineer on a case-by-case basis.

C. Disturbed areas shall be revegetated by October 15. When necessary, extensions of this deadline may be granted by the City Engineer on a case-by-case basis.

D. Where needed to prevent erosion, exposed soil surfaces shall be hydromulched or stabilized by other erosion control measures prior to October 15. When necessary, extensions of this deadline may be granted by the City Engineer on a case-by-case basis.

E. Special care shall be taken to avoid removal of vegetation immediately adjacent to the stream banks.

F. Any revegetation program shall use indigenous plants approved by the Department of Fish and Game.

(5) The City Engineer may allow alteration of the stream channel and riparian zone as an exception to subsections (a) (2), and (a) (3) consistent with a riparian enhancement or restoration plan and program approved by the California Department of Fish and Game and the San Francisco Bay Conservation and Development Commission. Preparation of the plan and program shall conform to the following standards:

A. The plan shall be prepared by a qualified person(s) experienced in the development and implementation of riparian restoration and enhancement plans.

B. Prior to plan development, the existing conditions and resources to be preserved and protected shall be documented.

C. The plan shall clearly identify the goals of the enhancement plan, focusing on vegetation, fishery, wildlife, and channel stability issues. The goals may include flood hazard reduction and public access and passive recreation.

D. The final plans and specifications shall include vegetation, site preparation, exotic species removal, site grading, erosion control, channel stabilization, preservation methods, fishery enhancement, and revegetation.

E. The plan shall specify a construction and five-year post-construction maintenance and monitoring program by a qualified restoration team to ensure that the project goals and performance standards are met. The monitoring program shall include provision for remedial action as needed to correct deficiencies. Annual reports and a final report, prepared by the property owner and subject to approval by the City Engineer, the Director of the Department of Planning and Development, the Department of Fish and Game, and the San Francisco Bay Conservation and Development Commission, shall document the success of the restoration plan. If the plan is not successful, an additional period of correction and monitoring shall be specified.

F. The plan shall specify an ongoing management program to ensure the long-term success of the project. The management program shall specify maintenance requirements and the responsibility for implementation and funding.

(b) The following provisions shall apply to Green Valley Creek downstream from Interstate 80, and Laurel Creek upstream from Paradise Valley Drive within the City of Fairfield.

(1) The City shall require dedication at the time of a request for any land use, development, PUD, subdivision, or building permit approval a stream environment zone in its natural state which includes the riparian zone and is at least 50 feet wide or wider on each side of the creek measured from the top of the bank. The exact width will depend on the particular streamside habitat.

B. Placement of public and non-public utility lines.

C. Construction of bridges and connecting roadways.

D. Restoration, enhancement, or maintenance necessary to prevent flooding, reduce siltation, or otherwise provide for the public health and safety.

(3) The riparian zone determined under subsection (b) (1) shall not be filled, graded, excavated, or obstructed, nor shall vegetation in the riparian zone be cut or removed, except for the following circumstances:

A. Construction of facilities for low intensity, passive recreation, or conservation uses (e.g., pedestrian and bicycle trails and paths, and foot bridges) approved by the City Engineer.

B. Minor restoration and maintenance activities, including removal of debris when necessary to protect the public health and safety, minor weed abatement activity necessary to protect life or property, or other activities described in subsection (b) (2).

C. Work identified on a stream enhancement or restoration plan approved by the City Engineer pursuant to subsection (a) (5). Any alteration shall be the minimum amount necessary to achieve the purpose of the project.

Such minor improvements shall follow the standards established in subsection (b) (4).

(4) Erosion in excess of natural levels shall be prevented and riparian vegetation shall be protected utilizing the following basic standards:

A. Removal of riparian vegetation shall be limited to the minimum amount necessary except for exotic or other vegetation identified on a stream enhancement or restoration plan approved by the City Engineer pursuant to subsection (a) (5). If it is determined necessary by the California Department of Fish and Game, any revegetation program carried out as part of such restoration and maintenance shall use indigenous plants approved by the department.

B. Development work shall be accomplished between April 15 and October 15. When necessary, extensions of this time period may be granted by the City Engineer on a case-by-case basis.

C. Disturbed areas shall be revegetated by October 15. When necessary, extensions of the deadline may be granted by the City Engineer on a case-by-case basis.

E. Special care shall be taken to avoid removal of vegetation immediately adjacent to the stream banks.

F. Any revegetation program shall use indigenous plants approved by the Department of Fish and Game.

(5) The City shall require landscaping in the riparian zone pursuant to a riparian enhancement or restoration plan approved by the City Engineer pursuant to subsection (a) (5).

(1) No development which substantially diverts or obstructs the natural flow or substantially changes the bed, channel or bank of the creek, or uses any material from the streambeds shall occur except pursuant to Fish and Game Code § 1601 or 1603. Such development shall be limited to flood control projects. Sedimentation basins shall not be permitted in the stream channel. Any such development shall be designed to minimize erosion and sedimentation.

(2) Development adjacent to the creek shall be designed wherever possible to minimize erosion, sedimentation, or runoff, and to maintain the natural streamside vegetation. If it is determined necessary by the California Department of Fish and Game, any revegetation program carried out in this area shall use indigenous plants approved by the department.

(3) Except as provided in subsection (c) (1), within the stream bed the provisions of subsections (a) (2), (a) (3), and (a) (4) shall apply, except for inlets and outfalls for flood and sedimentation retention basins. (Ord. No. 92-5, § 2.)