Hopper Creek constitutes an important physical, environmental, and aesthetic resource and asset to all of the citizens of the Town of Yountville; it should be preserved and enhanced for present and future generations. The creek and its surroundings are subject to periodic flood inundation, causing life and property losses, as well as health and safety hazards.
The overlay designation C, Creekside Overlay, is intended to promote the following: (A) to protect private and public lands from flood damage caused by deposits of debris and other materials collected by flood waters; (B) to protect the riparian cover and wildlife habitat extending along the creek by preventing erosion of the creek's banks and siltation of the creek's waters; (C) to preserve the existing natural and visual character of Hopper Creek and its environs; and (D) to promote the broader social, economic and environmental well-being of the Town.
The following regulations shall apply to the C, Creekside Overlay designation and to any land use designation where C, Creekside Overlay designation is applicable. The following specific rules and regulations established in this chapter shall apply in combination with the land use designations established in Division 2 of this title. The provisions of this chapter shall govern in the event that these regulations impose a greater restriction upon building than those required elsewhere in this title. Any variance from the regulations established for this overlay designation shall be governed by the provisions established in Chapter 17.204 of this title.
(Ord. 21-501 § 9)
The following general conditions shall be required for all lands designated as C, Creekside Overlay:
A. 
A setback line on both sides of Hopper Creek which runs parallel and is measured 35 feet from the centerline of the creek and not less than 10 feet from the creek bank shall be referred to as the Hopper Creek setback area;
B. 
No buildings, wall, fence, or other structure shall be erected, constructed, or placed within the Hopper Creek setback area;
C. 
It is prohibited to deposit, excavate or remove any material within the Hopper Creek setback area;
D. 
No native vegetation or tree that has a trunk larger than three inches in diameter measured at ground level shall be removed within the Hopper Creek setback area;
E. 
Conditions may be waived by the Town Council only if determined that the proposed work will not increase any danger of flooding to any part of the Town of Yountville, and that the proposed work will assist in achieving the goals stated in Section 17.76.010 of this chapter;
F. 
The word "structure," as used in this chapter, shall not include an at grade patio and any trail, walk, path or driveway; and
G. 
Any structure that now lawfully exists within the Hopper Creek setback area may be continued as an existing legally nonconforming use; provided however, that in the event that the structure is destroyed or demolished, it may be rebuilt only in conformity with the provisions of this chapter.
(Ord. 21-501 § 9)