Chapter 17.50 — CREEK AND RIPARIAN RESOURCE PROTECTION

This chapter provides standards for the protection of watercourse and riparian resources within the city, including provisions for adequate buffer areas between watercourses and adjacent development, to retain the watercourses as valuable natural amenities as appropriate.

The provisions of this chapter apply to proposed development on any site adjacent to or crossed by any creek shown as a blue line on any current United States Geological Survey (USGS) 7.5-minute topographic quadrangle map, and the following: Magenta Ravine, Peabody Creek, and Slide Ravine. Proposed development shall also comply with Municipal Code Chapter 15.52 (flood prevention damage). This chapter does not apply to the above watercourses which have been previously channelized. Channelized as used in this section means watercourses lying within underground pipes or culverts or exposed concrete culverts. Projects adjacent to Nevada Irrigation District canals shall provide an analysis to establish appropriate protection measures based on the factors of the canal abutting the project. These measures will include provisions for fencing, elimination of runoff into the canal, establishment of the appropriate setbacks, notification procedures for seepage issues, and other improvements to protect the canal.

Each planning permit application for a project that is subject to this chapter shall include a site-specific streambed analysis prepared by a hydrologist, civil engineer, or other qualified professional approved by the city to identify the precise boundary/top of bank of the watercourse. The director may waive the requirement for a streambed analysis if it is determined that the project, because of its size, location, or design will have no impact on the watercourse, or that sufficient information already exists, and further analysis is not necessary. The streambed analysis is not required if the project is outside the one-hundred-

year floodplain. A required streambed analysis shall include all information and materials required by the department.

A.

Watercourse Setback Requirement. Each proposed structure shall be set back thirty feet from the top of the bank (see Figure 1).

1.

The following setbacks apply to properties being annexed into the city:

Lots with an average lot depth of less than 155 feet: .....30 feet

Lots with an average lot depth between 156—175 feet: .....40 feet

Lots with an average lot depth between 176—225 feet: .....60 feet

Lots with an average lot depth of more than 226 feet: .....100 feet

2.

The review authority may grant an exception to the setback requirement:

a.

Where an existing structure is being replaced and is not within a one-hundred-year floodplain, or where the application of the setback would be inconsistent with the urbanized character of the site and adjacent parcels. See Section 17.90.030 (restrictions on nonconforming uses and structures); or

b.

When a legal lot of record has not been developed with a structure or developed to the extent permitted by the zoning and the application of the watercourse setback would preclude any structure on the property or subdivision and subsequent development of the property to the extent permitted by zoning.

c.

Any application for an exception noted in "b" above shall include a resource management plan prepared by a qualified biologist or botanist on the city-approved list. The resource management plan shall include measures which will minimize impacts to the watercourse and enhance runoff filtration. These measure should include: enhancement and/or restoration of the riparian vegetation area; removal of non-native

vegetation; decompaction of soils and/or incorporation of organic material to improve runoff filtration; incorporation of bioswales in drainage plans to filter parking areas; and, incorporation of other best management practices (BMPs) which provide long-term protection of the water quality.

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B.

Top of Bank Defined. The "top of bank" shall mean the upper elevation of land, having a slope not exceeding ten percent, which confines the channel waters flowing in the watercourse in their normal winter flow.

C.

Use of Required Setback. A path or trail may be within a watercourse setback; however, no other structure, road, parking access or space, paved area, or swimming pool shall be constructed within a watercourse or watercourse setback.

D.

Alteration of Natural Features. No grading or filling, planting of exotic/non-native or non-riparian plant species or removal of native vegetation shall occur within a watercourse or watercourse setback area, except:

1.

The review authority may grant an exception where the work is authorized for flood control purposes by permits issued by the California State Department of Fish and Game, and/or all other applicable local, state, and federal agencies having authority over the creek; and

2.

As otherwise provided by this section.

E.

Design of Drainage Improvements. Where daylighted drainage improvements are approved, they shall be placed in the least visible locations and naturalized through the use of river rock, earthtone concrete, and

landscaping with native plant materials.

F.

Bank Stabilization. Development or land use changes that increase impervious surfaces or sedimentation may result in channel erosion. Therefore, the city engineer may require measures to stabilize watercourse banks.

1.

Rehabilitation is the preferred method of stabilization, with the objective of maintaining the natural character of the watercourse 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.

3.

If bank stabilization requires other than rehabilitation or vegetative methods, hand-placed stone or rock riprap are the preferred methods.

G.

Physical and Visual Access. Proposed subdivisions and other development shall provide public access to watercourses as follows, and as required by the review authority.

1.

Map Act Requirements. A proposed subdivision shall comply with the public access requirements of Map Act Chapter 4, Article 3.5 (public access to public resources).

2.

Streets. A proposed subdivision shall provide public access and visibility to watercourses through the use of single-loaded frontage roads adjacent to creeks, but outside of the watercourse setback. Where a single-loaded street is not possible, frequent access to trails along the watercourse and public open space should be provided at least every three hundred feet, and may occur at the end of dead-end streets.

3.

Trails. The review authority may require subdivisions and other proposed development to provide multipurpose creekside trails.

H.

Open Space Areas.

1.

Open space areas within watercourse setbacks shall include planting for riparian enhancement with native shrubs and trees.

2.

Open space areas outside of watercourse setbacks may include paths and trails, lighting, benches, play and exercise equipment, and trash receptacles, where appropriate.

3.

Allow installation of decorative, open design fencing in the open space area within watercourse setbacks.

(Ord. No. 818, § 3(Exh. A), 9-13-2022)