The provisions of this article are intended to provide adequate buffer areas between creek corridors and adjacent development, to protect the creek corridors as valuable natural, scenic, and recreational amenities.
(§ 3, Ord. 771, eff. February 13, 2004)
The provisions of this article apply to any property adjacent to or crossed by a creek or stream.
(§ 3, Ord. 771, eff. February 13, 2004)
The project permit application shall include a site-specific streambed analysis prepared by a hydrologist, civil engineer, or other qualified professional (e.g., riparian biologist) to determine the precise boundary/top of bank of the waterway. The Director may waive this requirement if it is determined that the project, because of its size, location, or design would not have a significant impact on the waterway, or that sufficient information already exists and further analysis is not necessary. A required streambed analysis shall include all information and materials required by the Director.
(§ 3, Ord. 771, eff. February 13, 2004)
(a) 
All structures (e.g., buildings, decks, fences) shall be set back a minimum of 25 feet from a blue line creek's top of bank. Additional setbacks may be necessary to protect sensitive environmental resources (e.g., vernal pools). Setbacks adjacent to creekside paths or open spaces shall be measured from the outside boundary of the path or open space.
(b) 
Structures, parking access, parking spaces, paved areas, swimming pools, or utilities (e.g., overhead or underground) shall not be constructed within a creek or creekside setback area.
(c) 
Grading or filling, planting of exotic/non-native or non-riparian plant species, or removal of native vegetation shall not occur within a creek or creekside setback area.
(d) 
Where drainage improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earthtone concrete, and/or landscaping with native plant materials.
(e) 
The proposed development should incorporate permeable surfaces (e.g., wood decks, sand-joined bricks, and stone walkways) where feasible, to minimize off-site flows and facilitate the absorption of water into the ground.
(f) 
Creek stabilization measures may be required if development or land use changes increase impervious surfaces or sedimentation that result in stream channel erosion.
(1) 
Creek rehabilitation is the preferred method of stabilization, with the objective of maintaining the natural character of the creek and riparian area. Rehabilitation may include enlarging the channel at points of obstruction, clearing obstructions at points of constriction, limiting uses in areas of excessive erosion, and restoring riparian vegetation.
(2) 
Concrete channels and other mechanical stabilization measures shall not be allowed unless no other alternative exists.
(g) 
Public access and visibility to creeks may be provided through the use of single-loaded frontage roads adjacent to the creeks.
(h) 
The provision of multi-purpose creekside trails and public open space is strongly encouraged. Open space areas may include planting for riparian enhancement with native shrubs and trees, paths and trails, lighting, benches, play and exercise equipment, and trash receptacles outside of the riparian habitat area, where appropriate.
(i) 
Where streets are not used, frequent access to creekside trails and public open space should be provided at least every 300 feet, and may occur at the end of cul-de-sacs.
(j) 
Fences that face creekside trails and public open space shall not be over six feet in height.
(§ 3, Ord. 771, eff. February 13, 2004)
All uses shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Article 12, Landscaping Standards; Article 14, Parking and Loading Standards; Article 16, Sign Standards; Article 20, Design Review Permits; Article 22, Temporary Use Permits; Article 24, Conditional Use Permits; Article 25, Minor Variances; Article 26, Variances.
(§ 3, Ord. 771, eff. February 13, 2004)