Gilroy Municipal Code Art. I In General

The purpose and intent of this article is:

(a) To protect the City of Gilroy’s water resources and to provide a reliable supply of healthy and clean water.

(b) To reduce the potential for flood damage.

(c) To protect and when appropriate to enhance or restore the natural resources of streams and watersheds.

(2007-11, § 4-16-2007)

This section defines terms that have meanings specific to the interpretation of this chapter.

“Development”

means the placement or erection of any solid material or structure; grading, removing, dredging, mining, or extraction of any materials; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or installation of vegetation.

“Guidelines and standards”

means 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.

“Modification”

means any alteration to properties in the streamside review area, including but not limited to the activities defined under development.

“Pollution”

means impairment of water quality to a degree which adversely and unreasonably affects a beneficial use of the water.

“Riparian vegetation”

means 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.

“Storm water”

means surface runoff directly resulting from precipitation without being subject to intermediate natural processes, such as infiltration into the soil.

“Stream”

means a body of water that flows at least periodically or intermittently through a bed or channel having banks. This water may include watercourses having a surface or subsurface flow that supports or has supported riparian vegetation, fish or other aquatic life.

“Streamside review area”

means all properties abutting or in proximity to a stream, including all properties located within fifty (50) feet from the top of bank.

“Structure”

means anything made or constructed and having its foundation or support upon or within the ground.

“Top of bank”

means a stream boundary where a majority of normal discharges and channel forming activities takes place. The top of bank boundary contains the active channel, active floodplain, and their associated banks. Top of bank streams with levees will be delineated on the inner edge of the levee. Where there are no distinguishable features to locate top of bank, the City Engineer or designee will make a determination and document as appropriate. In the absence of this determination, the 100-year water surface will be used.

“Two to one (2:1) slope stability protection area”

means a distance measured using a hypothetical two (2) horizontal to one (1) vertical line projected from the toe of bank to a point where it intersects the adjacent ground.

(2007-11, § 4-16-2007)