A. 
Purpose. The purpose of this Chapter is to provide specific development standards for the areas immediately surrounding creeks as defined in Subsection B of this Section.
B. 
Applicability. Creek setback areas shall apply to all creeks in the City as shown on the "City of Pleasant Hill Creek System" map, on file with the Public Works Division, regardless of whether the creek is located on a property owner's lot.
(Ord. 978, 11/17/2025)
A. 
Measurements. The creek setback area shall comply with the measurements established in Table 18.70-A and the following standards:
1. 
Creek Setback Area. The creek setback area is measured from the top of the creek bank based on the depth of the creek.
2. 
Creek Depth. The depth of the creek bed is measured at its deepest point to a point level with the top of creek bank.
3. 
Top of Creek Bank. The top of the creek bank is defined as the highest edge of the creek channel at the location where the structure, grading, or fill is proposed, as determined by the City Engineer.
Figure 18.70-1
Top of Bank
Table 18.70-A: Creek Setback Requirement
Depth of Creek
Creek Setback Area
Up to 5 feet
5 feet
Over 5 – 10 feet
10 feet
Over 10 – 15 feet
15 feet
Over 15 feet
Subject to review by the City Engineer
B. 
No person may place a structure, perform grading, or place fill material in a creek setback area unless:
1. 
The property is adjoining a concrete channel owned by a public agency; or
2. 
The structure, grading, or fill was legally existing as of February 24, 2010. Such a structure, grading, or fill may be replaced within the same building footprint and without increasing the degree of nonconformity if the property owner obtains a Building Permit within 18 months without the requirement of a Use Permit under Section 18.200.040 (Nonconforming Structures); or
3. 
The property qualifies for an exception under Section 18.70.030 (Setback Exceptions).
C. 
For purposes of this Chapter, a structure does not include any of the following:
1. 
Structures not attached to the ground or needing a foundation (i.e., play structure, doghouse, bench, table);
2. 
A fence or wall not over seven feet high constructed with at least 75% of the fence or wall open to allow the passage of light and air;
3. 
Flatwork (i.e., patio, walkway) less than three inches thick and not used to support another structure;
4. 
Landscaping;
5. 
Existing structures legally built before February 24, 2010; or
6. 
Structures prohibited by other City, State, or Federal regulations as referenced in Section 18.70.040 (Additional Regulations).
7. 
If any uncertainty exists, the Zoning Administrator shall determine whether or not a structure is regulated under this Chapter.
(Ord. 978, 11/17/2025)
A. 
The City Engineer may approve an exception to creek setback standards established in Section 18.70.020 (Setback Standards) ministerially without noticing or public hearing if all the following criteria are met. An applicant who disagrees with the determination of the City Engineer may request a Zoning Administrator decision in compliance with Subsection B of this Section.
1. 
The property is not located in either a 100- or 500-year floodplain as shown on the most current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map;
2. 
The property is not a "repetitive loss property" as defined by FEMA;
3. 
The depth of the water in the creek during an average winter storm is less than two feet; and
4. 
The creek channel has sufficient capacity to carry storm water without flooding adjacent properties in the event of a creek bank failure.
B. 
Zoning Administrator Decision Request. The Zoning Administrator may approve an exception to the creek setback standards established in Section 18.70.020 (Setback Standards), on the recommendation of the City Engineer, in compliance with the following procedure:
1. 
Application. An applicant for a creek setback exception shall file an application with the Planning Division, together with the following information as determined by the City Engineer:
a. 
A topographical survey of the lot precisely showing the creek bed, creek bank, top of bank, and proposed and existing structures;
b. 
A soils report prepared by a licensed civil engineer specializing in soils analysis which describes the soils condition for the proposed structure and analyzes and makes recommendations as to the creek bank stability and erosion hazard;
c. 
Certification by the engineer who prepares the soils report that, in their professional opinion, there is no likelihood of a hazard to persons or property resulting from the proposed construction; and
d. 
Structural calculations, hydraulic calculations, or other data as deemed necessary by the City Engineer.
2. 
Fee. Together with the application materials established in Subsection B.1 of this Section, an applicant shall pay an application fee in an amount established in the most current Fee Schedule as approved by City Council.
3. 
Public Hearing and Noticing. The Zoning Administrator shall hold a public hearing in accordance with Chapter 18.205 (Noticing Requirements) within 30 days of receiving a completed application.
4. 
Findings. The Zoning Administrator may approve an exception to the creek setback standards if they make all the following findings:
a. 
The proposed structure does not violate any other City, State, or Federal regulations as referenced in Section 18.70.040 (Additional Regulations);
b. 
The proposed structure is not likely to be detrimental to creek stability; and
c. 
The property is not located within a special flood hazard area as defined in Section 15.15.050 (Definitions) or if the property is located within a special flood hazard area, the proposed structure complies with the standards of construction in accordance with Chapter 15.15 (Flood Damage Prevention).
5. 
Conditions of Approval. In approving an exception to creek setback standards, the Zoning Administrator may impose conditions of approval deemed necessary for creek-side erosion protection and on-site drainage, including the requirement that the property owner enter into an agreement holding the City and other public agencies harmless in the event of flood or erosion damage to any property. The agreement shall be in a form acceptable to the City Attorney, be recorded, and bind successors in interest.
6. 
Decision. The Zoning Administrator shall render a decision in writing within five working days of the close of the public hearing.
7. 
Appeal. The decision of the Zoning Administrator may be appealed to the Planning Commission in compliance with Chapter 18.185 (Appeals and Calls for Review).
(Ord. 978, 11/17/2025)
Construction, development, or work within a creek setback area may also be subject to other regulations and guidelines which could result in a larger setback, including but not limited to:
A. 
City Regulations.
1. 
Required side or rear setbacks for structures and accessory structures in the underlying zoning district;
2. 
Design guidelines or standards adopted by the City Council;
3. 
California Building Code under Title 14 (Buildings and Construction);
4. 
Grading standards established in Chapter 15.10 (Grading);
5. 
Requirements applicable in a special flood hazard area in compliance with Chapter 15.15 (Flood Damage Prevention);
6. 
Erosion protection and water quality requirements in compliance with Chapter 15.05 (Stormwater Management and Discharge Control); and
7. 
Mitigation measures under the California Environmental Quality Act (CEQA).
B. 
Other Agency Requirements.
1. 
California Department of Fish and Game.
2. 
San Francisco Bay Regional Water Quality Control Board.
3. 
U.S. Army Corps of Engineers.
4. 
Federal Emergency Management Agency (FEMA).
5. 
U.S. Fish and Wildlife Service.
(Ord. 978, 11/17/2025)