El Cerrito Municipal Code Ch. 13.40 Drains and Watercourses

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:

A. "Existing drain" means a natural watercourse, floodway, drain, swale, gully, or other depression in the surface of land in the city which carries off water.

B. "Natural watercourse" means a path created, solely by natural forces, in the topography of the land in which water flows either continuously or intermittently with some degree of regularity.

C. "Obstruct" means to block, interrupt or restrict the immediate flow of water.

(Ord. 96-10 Div. II (part), 1996.)

It is unlawful for any person, firm or corporation to obstruct or to permit the obstruction by natural or artificial means, or to interfere with, any existing drain without having first obtained a permit from the city manager.

(Ord. 96-10 Div. II (part), 1996.)

It is unlawful to replace an existing drain with a synthetic drain, such as a metal, masonry or plastic pipe, culvert or channel, without having first obtained a permit from the city manager.

(Ord. 96-10 Div. II (part), 1996.)

It is unlawful for any person, firm or corporation to construct anything in, over, or on any existing drain without having first obtained a permit from the city manager.

(Ord. 96-10 Div. II (part), 1996.)

A. In any application for a permit as provided for in Sections 13.40.020, 13.40.030 and 13.40.040, the applicant shall furnish plans and specifications to the city manager prior to consideration of the permit application. If the applicant does not do so, the city manager shall, at the expense of the applicant, prepare such plans and specifications.

B. Prior to issuing a permit, the city manager must determine and make written findings that the proposed construction or placement will not unduly obstruct the existing drain. In making the determination, the city manager shall consider all appropriate factors, including, but not limited to, the following:

1. The amount of rainfall expected in the drainage basin above the site of the proposed construction or placement;

2. The slope, soil conditions, and amount of vegetation in the drainage basin, and the impact on anticipated percolation or infiltration rates, including the effect of successive storms on soil saturation and the resultant ability of the drain, as modified, to accommodate anticipated surface runoff flows;

3. The amount of impervious surfaces in the drainage basin;

4. The extent of imports or exports of surface runoff in the drainage basin;

5. The extent to which surface runoff may be impeded by debris or by action of tides; and

6. The impact of the proposed project on the environment, including any impact on plant and animal life.

C. In issuing the permit, the city manager may impose such conditions as are appropriate to eliminate any diminution in the capacity of the existing drain to carry off the volume of water reasonably anticipated. Conditions shall also be imposed to mitigate any environmental impacts caused by the project.

D. The city shall not issue a building permit for the erection of any structure which replaces any portion of an existing drain, unless a permit has been obtained pursuant to this chapter.

E. In the event the permit is sought in connection with a project which requires discretionary approval by the planning commission, the responsibility for determining whether or not to grant the permit shall rest with the planning commission. Appeals from a decision of the planning commission regarding the permit shall be subject to the same terms, conditions and procedures as the other discretionary approval at issue.

(Ord. 96-10 Div. II (part), 1996.)

The permittee shall comply with all applicable federal and state laws, ordinances, codes and regulations, including Chapter 8.40 of this code which incorporates best management practices to protect and enhance the water quality of city watercourses. Specific attention shall be made to the requirements of state Fish and Game Department, and the Army Corps of Engineers. Copies of these requirements and proof of compliance, if applicable to the project, shall be given to the city manager.

(Ord. 96-10 Div. II (part), 1996.)

Any permit granted under this chapter may be revoked by the city manager for noncompliance with any of the provisions of this chapter.

(Ord. 96-10 Div. II (part), 1996.)

Except in the case of an emergency, the permittee shall give notice to the city manager at least two working days before the work is started of the time of commencement of the work.

(Ord. 96-10 Div. II (part), 1996.)

After the work has been started it shall be diligently and continuously prosecuted to completion.

(Ord. 96-10 Div. II (part), 1996.)

Appeal to the council from a determination by the city manager to grant or deny a permit or that a violation of this chapter has occurred may be made by filing written notice of such appeal with the city clerk within ten days after notice of such determination is received. The city clerk shall thereupon bring such appeal to the council at its next regular meeting, at which meeting the council shall schedule a hearing to consider the evidence presented and grant or deny the appeal. The determination and decision of the council shall be final.

(Ord. 96-10 Div. II (part), 1996.)

Failure of the permittee to comply with any provision of this chapter within fifteen days after receiving written notice from the city to do so, shall be deemed a misdemeanor. The penalty for a misdemeanor is set forth in Chapter 1.08 of this code.

Each continued day of noncompliance shall be considered a separate and distinct misdemeanor.

(Ord. 96-10 Div. II (part), 1996.)

The following are declared to constitute a nuisance:

A. Any building, wall, bulkhead, culvert, drain or obstruction, hereafter or heretofore constructed, erected, maintained, or allowed to exist in violation of any of the provisions of Sections 13.40.020, 13.40.030, 13.40.040 and 13.40.045;

B. Any structure, wall, bulkhead, drain, culvert, dam or obstruction, natural or artificial, erected or constructed in such manner, or of such materials, that the same does now, or will hereafter, obstruct the flow of any natural watercourse or existing drain in the city.

(Ord. 96-10 Div. II (part), 1996.)

A. The nuisances described in Section 13.40.110 may be abated pursuant to the procedures set forth in Chapter 8.34 of this code.

B. Any person, firm or corporation who violates Section 13.40.110 is also guilty of a misdemeanor. The penalty for a misdemeanor is set forth in Chapter 1.08 of this code.

C. In the event of an emergency, the city manager may enter upon any property and remove any obstruction in any existing drain.

(Ord. 96-10 Div. II (part), 1996.)