Cupertino Municipal Code Ch. 9.19 Water Resource Protection

This chapter establishes the requirement to obtain a streamside modification permit under certain conditions for modifications to streamside properties within the City and establishes procedures for the administration and issuance of such permits.

(Ord. 1992, (part), 2007)

For the purposes of this chapter, the definitions contained in Section 9.18.020 shall apply to this chapter in addition to those definitions contained in this section. The following words and phrases shall have meanings ascribed to them by this section, unless the context or provision clearly requires otherwise.

A. "Bank." The portion of the stream cross section that restricts lateral movement of water.

B. "Development." A land development or land development project.

C. "Director of Public Works." The Director of Public Works and his or her duly authorized agents and representatives.

D. "Guidelines and Standards." A set of model guidelines, standards, procedures, and recommendations developed for land use activities near streams, for streamside properties, and for the protection of streams and streamside resources.

E. "Modification." Any alteration to streamside properties or structures therein, including but not limited to activities that are part of a development.

F. "Person." Any person, firm, association, organization, partnership, business trust, joint venture, corporation or company, and includes the United States, the State of California, the County of Santa Clara, special purpose districts, and any officer or agency thereof.

G. "Riparian vegetation." Vegetation growing on or near the banks of a stream or other body of water on soils that exhibit some wetness characteristics during some portion of the growing season.

H. "Stream." A body of water that flows at least periodically or intermittently through a bed or channel having banks. The body of water may include a surface or subsurface flow that supports or has supported riparian vegetation, fish and/or aquatic life.

I. "Streamside modification permit." The permit issued by the City to the applicant required for undertaking any modifications on streamside properties.

J. "Streamside properties." All properties containing or abutting a stream.

(Ord. 1992, (part), 2007)

A. Permit Required. No person shall do or cause to be done any modification located on properties adjacent to a stream unless a streamside modification permit for the modification has been issued and is in effect. A streamside modification permit applies to the property for which it was issued and therefore transfers when the property ownership is transferred, unless its specific conditions provide otherwise.

B. Exceptions. The following modifications are exempt from the requirement of obtaining a streamside modification permit, if the modification is not within a stream including up to the top of bank.

1. Less than three cubic yards of earthwork provided it does not damage, weaken, erode or reduce the effectiveness of the stream to withhold storm and flood waters.

2. A fence that is six feet or less in height or is otherwise permitted by the City.

3. An accessory structure 120 square feet or less in size.

4. Interior or exterior additions or alterations to structures within the existing footprint.

5. Landscaping on existing single-family lots.

C. Applications. All requests for a stream modification permit must be filed with the City on an application form established and maintained by the City. The person proposing the modification for which the permit is required must sign the application. In the case of an application filed by a public agency, the person duly authorized to make such application must sign the application.

D. Conditions of Approval. A stream modification permit will be issued subject to the conditions required by the City and the conditions will be commensurate with the nature and magnitude of the request and may include a time limit on the life of the permit.

(Ord. 1992, (part), 2007)

A. Adoption. The Council shall adopt by resolution and may from time to time amend by resolution a comprehensive set of guidelines and standards as defined in Section 9.19.020 which shall form the basis for the evaluation of land use on streamside properties and the issuance as appropriate of streamside modification permits.

B. The application of the guidelines and standards shall be administered by the Director of Public Works in accordance with the purpose of this chapter.

C. Notwithstanding the criteria provided in the guidelines and standards, the Director of Public Works is authorized to make adjustments in the criteria and provisions of the guidelines and standards, if in his or her professional opinion, such adjustments are necessary to fit the specific conditions of the property for which the streamside modification permit is to be issued.

(Ord. 1992, (part), 2007)

Unless specific language in stream modification permit provides otherwise, the permit shall expire 730 days after its effective date unless the permittee has preformed substantial work in compliance with the conditions of the permit.

(Ord. 1992, (part), 2007)