Part 21 — WATERCOURSE DEVELOPMENT PERMIT

The purpose of this part is to carry out the goals of the City-Wide Creeks and Wetlands Management Plan by applying development standards to lands adjacent to watercourses within the city of Santa Cruz that will enhance and protect watercourse functions and values. This part of the zoning title is also part of the Local Coastal Implementation Plan.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

1. Applicability. The watercourse development permit requirements of this part apply to every zoning district within the city of Santa Cruz. Refer to the City-Wide Creeks and Wetlands Management Plan to determine the category and development setback areas for each individual watercourse.

2. Definitions.

a. Best Management Practices (BMP). Any program, technology, process, siting criteria, operating method, measure or device which controls, prevents, removes or reduces discharge of pollutants or sediments into bodies of water.

b. Centerline of Creek. The midpoint of a creek channel as determined by taking the midpoint of the bank-full width. Bank-full width is the lateral extent of water surface at the point where the channel is completely filled to a point above which water would spill onto the floodplain.

c. Development. For the purpose of this part the term “development” shall include any work requiring a use, building, grading, or public works permit; the placement of a fence, wall, retaining wall, steps, deck, patio, any accessory structures, or walkway; grading, relocation or removal of stones from the creek

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channel; bank stabilization or repair structures; and certain landscape changes occurring within the management area.

d. Development Setback Area. The distance from the centerline of the watercourse and the edge of development, which provides a buffer between new development and the riparian corridor and watercourse.

e. Integrated Pest Management (IPM). An approach to pest management that relies primarily on nonchemical means (such as controlling climate, food sources, and building entry points) to prevent and manage pest infestation.

f. Management Area. The area of city permitting authority adjacent to watercourses that includes the riparian corridor, development setback area and extends twenty-five feet beyond the edge of the development setback area.

g. Riparian Corridor. The width of riparian vegetation and/or immediate watercourse influence area, measured outward from the centerline of the watercourse.

h. Vegetation Removal, Major. Clearing of woody and non-woody vegetation canopy cover or herbaceous ground cover that does not meet the definition of minor vegetation removal; removal of any native (indigenous) annual or perennial woody or non-woody species within the riparian area; or pruning, trimming, cutting off, or removal of greater than twenty-five percent of the crown of any tree within a three-year period. Major vegetation removal is allowable under certain limited conditions for prevention of serious fire hazards, prevention of noxious weed infestation (provided, that erosion control measures are implemented and the cleared area is replanted/ reestablished and seeded with appropriate native species to reduce the potential for erosion), or for other projects allowed under the watercourse development permit procedures.

i. Vegetation Removal, Minor. Routine trimming of plant material; pruning of tree branches totaling less than twenty-five percent of the crown within a three-year period;

removal of nonnative invasive species of brush, annual or perennial vegetation, and herbaceous grass species that out compete or suppress existing native vegetation; provided, that sufficient vegetation remains to prevent erosion (bare soil shall not be left exposed); or the removal of vegetation as authorized by the planning director or his/her designee to alleviate an existing hazardous condition. Minor vegetation removal is permissible only for routine maintenance, increasing interior light and air circulation, improving tree structure, controlling plant disease or decay, promoting longevity of vegetation, habitat enhancement and under certain conditions, for fire safety and prevention. Minor vegetation removal does not include removal of mature eucalyptus trees in known monarch butterfly habitat areas.

j. Watercourse Categories. All watercourses and watercourse reaches included within the City-Wide Creeks and Wetlands Management Plan are categorized as either an “A,” “B” or “C” watercourse. This designation is based on the quality of the riparian corridor associated with each watercourse.

k. Wetland. An area that is: (1) identified as a known wetland or area of ponding water that needs further site-specific review by the CityWide Creeks and Wetlands Management Plan or (2) identified as part of a review process as inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions (hydrophytes).

l. Wetland (Coastal Zone). An area that is (1) identified as a known wetland or area of ponding that needs further site-specific review as described in the City-Wide Creeks and Wetlands Management Plan or (2) identified as part of a review process as having at least one of the following three attributes: (A) land that supports predominantly hydrophytic cover; (B) soil that is is predominantly hydric; (C) or in the case of wetlands without vegetation or

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soils, land that is flooded or saturated at some time during years of normal precipitation. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

The zoning administrator may approve a watercourse development permit without a hearing in accordance with the findings in Section 24.08.2190 unless it is accompanied by an application that must be heard by a higher body (planning commission or city council). (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

The City-Wide Creeks and Wetlands Management Plan identifies and categorizes all watercourses in the city and establishes a riparian corridor, development setback area, and management area for each watercourse. A watercourse development permit shall be required as specified by Section 24.08.2150, except as provided for in Section 24.08.2140, Exemptions. Emergency projects are required to comply with Section 24.08.2160. All projects must comply with the watercourse development standards as described in Section 24.08.2180, except for projects that are listed as exempt in Section 24.08.2140, unless approval of a watercourse variance is obtained in accordance with Section 24.08.2210.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

Certain types of projects that clearly would not impact riparian resources and support the goals of the City-Wide Creeks and Wetlands Management Plan are exempted from the watercourse development permit requirements (in the coastal zone, the following list of projects are exempt only if the criteria of Section 24.08.230.1 regarding coastal permit exemptions are met). Such projects should incorporate applicable best management practices in the project design. In situations where it is

unclear whether a project is eligible for an exemption under this section, the determination would be made by the zoning administrator in accordance with the goals of the City-Wide Creeks and Wetlands Management Plan. The following projects are eligible for an exemption:

1. Development and structural improvements to include the following:

a. Any development on parcels that have been identified within a Category “C” watercourse in the City-Wide Creeks and Wetlands Management Plan.

b. Development projects within a Category “B” watercourse located outside of the designated riparian corridor and development setback area (in the remaining management area).

c. Any development adjacent to a closed culverted section of a watercourse.

d. Any development on a parcel that either: i. Has an established road right-of-way between the subject parcel and the watercourse (where the development would occur); or

ii. Has a separate parcel with legal development that is located between the subject parcel and the watercourse (where the development would occur).

e. Interior remodeling of an existing legal structure within the existing structure footprint. f. Repair and maintenance of existing legal structures.

g. Demolition of existing structures outside the riparian corridor, in accordance with city demolition regulations; provided, that no mechanized machinery is utilized and no disturbance occurs within the riparian corridor.

h. Reconstruction of a damaged nonconforming structure where nonconformance only relates to watercourse setbacks, provided applicable watercourse development standards are implemented.

2. Exterior improvements, to include the following:

a. Exterior treatments such as painting, roofing, surface treatments, window replacement, etc., that do not increase the density or

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intensity of land use, or increase surface coverage.

b. Exterior safety lighting in the development setback area such as low-level walkway lighting, motion detector security lighting, driveway lighting, and entry lighting that is hooded and directed downward, away from the watercourse. Lighting shall be prohibited within the designated riparian corridor.

c. Open-style fencing (e.g., wire strand or split rail) that permits the free passage of wildlife limited to the outer edge of the riparian corridor. Fencing must otherwise meet the regulations in Section 24.12.160.

d. Installation of pervious surfaces (outside of the riparian corridor), including at-grade decks, patios, and walkways, when the total square footage is less than twenty-five percent of the development setback area; provided, that the pervious surfaces meet those requirements specified in the Watercourse Development Standards. The total percentage allowed includes both existing and new surfaces.

3. Landscaping and vegetation, to include the following:

a. Landscaping with non-native vegetation using noninvasive species, within the development setback area, as recommended in the City-Wide Creeks and Wetlands Management Plan.

b. Minor vegetation removal as defined in Section 24.08.2110, except for mature eucalyptus trees in known monarch butterfly habitat areas.

c. Thinning of riparian vegetation within a flood or high fire hazard area, except for mature eucalyptus trees in known monarch butterfly habitat areas, when required by the fire department for public safety with review and approval of a fire-vegetation management plan or when required by the public works department for flood protection maintenance with review and approval of a maintenance plan.

d. Removal of tree(s) that are hazardous or likely to have an adverse effect upon the structural integrity of a building, utility, or public

right-of-way, or a tree that has the physical condition of health such as disease or infestation which warrants alteration or removal, in accordance with Chapter 9.56 and with a plan prepared by a qualified professional.

e. Removal of impervious surfaces outside of the riparian corridor.

f. Mowing and grazing on public lands (outside of the riparian corridor in the Coastal Zone), consistent with an adopted parks or fire management plan.

4. Roads, public facilities and utilities, to include the following:

a. Road maintenance of existing legal public roads, private roads and driveways (no expansion or improvements).

b. Construction of public trails and bridges on public lands, consistent with an adopted parks master plan or management plan, including the location and siting of trails and bridges.

c. Installation and improvements to nonstructural BMPs within the development setback area.

d. Repair, maintenance, or minor alteration of existing public utility, drainage, flood control, and water storage and provision facilities, including pumps and other appurtenant structures where there is no or negligible expansion of use.

5. Other projects, to include the following: a. Projects that concurrently are reviewed and approved by another authorizing permitting agency (CDFG, NOAA, USFWS or ACOE) for maintenance, flood protection, restoration or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment, provided proof of permit approval is submitted to the planning director.

b. Removal of fish passage barriers and installation of in-stream aquatic habitat enhancement structures, in accordance with a plan for said activities prepared by a qualified professional and approved by the planning director.

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c. Interpretative signage designed to provide information about the value and protection of the resource that is limited to the outer edge of the riparian corridor, and must meet other city sign regulations.

d. Installation of new and maintenance of existing water flow gauges.

e. Water quality testing.

f. Continued operation and maintenance of existing cemetery plots.

6. A statewide exemption accessory dwelling unit, as defined in Part 2 of Chapter 24.16. Despite the statement in this section that exemptions do not apply to projects that are not exempt from coastal permit requirements, in the Coastal Zone, this exemption applies even if the statewide exemption accessory dwelling unit requires approval of a coastal permit; however, in this case, the statewide exemption accessory dwelling unit shall be consistent with the development standards of the City-Wide Creeks and Wetlands Management Plan.

(Ord. 2024-24 § 2, 2025; Ord. 2024-17 § 8, 2024; Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2150 PERMIT PROCEDURES. A. Watercourse Development Permit Required.

1. The following projects are permitted in the riparian corridor (as identified in the CityWide Creeks and Wetlands Management Plan) subject to the approval of a watercourse development permit:

a. Watercourse and wetland restoration in accordance with a plan prepared by a qualified professional.

b. Minor vegetation removal, vegetation thinning or tree removal involving eucalyptus trees in monarch butterfly habitat areas where it is demonstrated that no adverse impacts to habitat would occur.

c. Major vegetation removal as defined in Section 24.08.2110.

d. Removal of non-hazardous trees, (i.e., invasive species and/or for habitat or fire man-

agement) in accordance with Chapter 9.56 of this code and a plan prepared by a qualified professional.

e. Removal of impervious surfaces.

f. Demolition of existing structures, in accordance with city demolition regulations, provided no mechanized machinery is used.

g. Installation of and improvements to nonstructural stormwater BMPs, provided riparian vegetation is avoided whenever possible.

h. Channel bank protection and the repair of existing channel bank protection structures, utilizing the concepts of biotechnical bank stabilization to the maximum extent feasible in consultation with a qualified professional, and “soft” measures (e.g., landscaping with appropriate native plants that will provided bank stabilization) rather than hardened structures, where possible.

i. Improvements to existing roads, trails, and crossings, including replacement of existing bridge footings and abutments, as well as consideration of new footings, when studies prepared by qualified professionals demonstrate that the existing or new bridge footings and abutments will not substantially decrease biological values, cause an increase in floodwater surface elevations, redirect flow, or cause erosion to an extent greater than the existing structure, except for uses on public lands that are consistent with an adopted parks master plan or management plan.

udies prepared by qualified professionals demonstrate that the existing or new bridge footings and abutments will not substantially decrease biological values, cause an increase in floodwater surface elevations, redirect flow, or cause erosion to an extent greater than the existing structure, except for uses on public lands that are consistent with an adopted parks master plan or management plan.

j. Public works facilities, including but not limited to the installation of new, replacement of existing, or major improvements to existing underground pipes, culverts or other public facilities that are not exempt; or improvements to existing intake and outfall lines, when special studies have been submitted and approved by the planning director.

k. Channel maintenance, including, but not limited to, vegetation management and removal of downed trees, in accordance with a channel maintenance plan prepared by a qualified professional and approved by the planning director.

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l. Flood protection where no other method for protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing legal development, when special studies prepared by qualified professionals demonstrate that the flood protection use shall not diminish creek capacity, percolation rates, or

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habitat values, if applicable. Channel redirection or hardening may be permitted only if less intrusive flood control/bank stabilization designs have been considered and have been found to be technically infeasible, including, but not limited to, integrated bank repair structures, vegetation, vegetative erosion control, and soil bioengineering.

m. Under channel borings at sufficient depth when special studies prepared by qualified professionals have been submitted and approved by the planning director that demonstrate that the under channel borings will result in no adverse impact to the watercourse, riparian corridor, or the development setback area.

n. Property line fences designed to allow passage of water, prevent obstruction of the channel and protect riparian vegetation.

2. The following projects are permitted in the development setback area (as identified in the City-Wide Creeks and Wetlands Management Plan) subject to the approval of a watercourse development permit:

a. Projects a, c, d, g, i, j, and n listed in subsection (A)(1) of this section.

b. Upper floor additions to existing legal structures (where permitted in this title) within the existing footprint area.

c. Solid fencing that meets the city fencing regulations.

d. Installation of or improvements to structural stormwater BMPs.

e. Kennels and animal containment areas that comply with stormwater BMPs.

f. Retaining walls.

3. The following projects are permitted in the management area (as identified in the CityWide Creeks and Wetlands Management Plan) subject to the approval of a watercourse development permit:

a. All projects within Category “A” watercourses that are not otherwise eligible for an exemption.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

If an emergency measure is required to protect life and property from imminent danger, or to restore, repair, or maintain public works, utilities, or services during and/or immediately following a disaster or serious accident, a watercourse development permit or watercourse variance may be issued after the emergency; provided, that: (a) within three days of the disaster or discovery of danger the planning director is notified, agrees it qualifies as an emergency and a preliminary application is filed containing the nature of the disaster and the type and location of work to be performed; and (b) that within thirty days a completed application for the necessary permits is filed. It should be noted that permits may be required by other agencies.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

The following uses and activities are prohibited within watercourses:

1. Obstructions and diversions within any category watercourse.

2. Channel redirection and hardening within any Category “A” watercourse unless other measures prove infeasible.

3. Planting non-native, invasive species within a riparian corridor. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

Projects or activities that are listed in Section 24.08.2150 as permitted or exempted uses would be required to comply with the following applicable watercourse development standards:

1. Use of Permeable Paving Materials. a. Permeable paving materials to be considered, where feasible, with suggested materials outlined in the City-Wide Creeks and Wetlands Management Plan.

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b. Pedestrian surfaces, such as walkways or patios, shall be constructed with loose aggregate, wooden decks with spacing between, or well-spaced paving stones.

2. Drainage and Water Quality Protection. a. Drainage from impervious surfaces shall be directed into a city-approved drainage system consistent with the city’s urban runoff program and Chapter 16.19 of this code (i.e., use of drainage swales, filter swales, small detention basins, percolation pits, and french drains). Percolation of storm runoff on site through vegetated swales, percolation pits, retention basins, permeable paving materials, or other similar methods to slow and clean runoff being discharged directly into the creek corridor shall be encouraged, where appropriate hydrologic conditions exist. Direct impermeable connections shall be discouraged.

b. The following measures shall be implemented, as appropriate, to protect the water quality of watercourses and wetlands:

i. Apply native or other appropriate erosion-control hydroseed mix at all locations with exposed soil and slopes greater than five percent.

ii. Implement BMPs, including erosion control, for stormwater runoff during project design and construction, as described in greater detail in the department of public works’ Best Management Practices Manual.

iii. Initiate bank stabilization projects that will minimize channel erosion when a project entails work on a bank (see bank protection and erosion control standards), which may require a watercourse development permit.

3. Planting Restrictions.

a. Only native riparian and wetland plant species are allowed to be planted in the designated riparian corridor. The City-Wide Creeks and Wetlands Management Plan provides a list of some suitable plant species and revegetation guidelines.

4. Appropriate Lighting. a. Lighting shall be prohibited within the designated riparian corridor, except for lighting

on public lands and facilities for safety and security, consistent with an adopted management plan.

b. Limited exterior safety lighting in the development setback area shall be allowed, including: low-level walkway lighting; motion detector security lighting; driveway lighting; and entry lighting.

c. All lighting shall be hooded and directed downward and away from the watercourse/wetland.

5. Habitat Enhancement. a. Prohibit mowing, clearing, or stripping riparian vegetation.

b. The following measures are required for Category “A” watercourses:

i. Expand and enhance riparian vegetation to meet designated riparian corridor width. Plant a variety of appropriate native riparian species including ground covers, shrubs, trees and native flowering plants to attract beneficial insects. Riparian vegetation should be planted in such a manner to facilitate filtration of pollutants from storm runoff.

ii. Prohibit clearing of native understory vegetation to create open areas, except as otherwise permitted pursuant to Sections 24.08.2110(2)(h) and 24.08.2110(2)(i).

iii. Prohibit planting non-native, invasive species.

iv. Remove or control the spread of nonnative, invasive species.

v. Within landscaped areas, use integrated pest management methods that encourage the use of non-chemical methods for weed removal; least-toxic pesticides may be used if alternative pest management techniques do not work (references are included in the City-Wide Creeks and Wetlands Management Plan).

6. Construction Best Management Practices. Implement Best Management Practices (BMPs) during construction to protect water quality in adjacent watercourses in accordance with city requirements (see appendices in the City-Wide Creeks and Wetlands Management Plan).

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7. Management in High Fire Hazard Areas. In areas deemed a fire hazard area, riparian vegetation within the riparian corridor and development setback area is protected under the City-Wide Creeks and Wetlands Management Plan. The following measures shall be implemented, as appropriate:

a. Protect riparian vegetation within the riparian corridor and development setback area.

b. Prohibit planting of combustible vegetation in high fire hazard areas.

c. New development within high fire hazard areas that offers inadequate distance for fire protection shall be responsible for fire prevention activities, such as visible house numbering, use of fire-resistant and fire-retardant building and landscape materials, in addition to responsible management.

d. Increased setbacks may also be required in these areas where fire protection standards are inadequate to separate the structure(s) from wildfire hazards, rather than clearing of vegetation.

8. Erosion Control Measures. Erosion control shall be employed, specifically when a project entails work on or immediately adjacent to a watercourse bank, to protect water and reduce the amount of sediment entering watercourses and wetlands, as well as minimize adverse water quality, riparian and wetland impacts.

a. Implement erosion control measures, including hydro-seeding and revegetation, as outlined in and consistent with measures in the City-Wide Creeks and Wetlands Management Plan.

b. Channel bank protection, repair, and stabilization structures shall utilize the concepts of biotechnical bank stabilization to the maximum extent feasible, as set forth in the City-Wide Creeks and Wetlands Management Plan. If hard surfaces are used and riparian vegetation is removed, revegetation of adjacent disturbed area with riparian vegetation shall be required.

9. A pre-construction nesting survey shall be conducted by a qualified wildlife biologist if construction, including tree removal, is scheduled to begin between March and late July adjacent to bird habitat areas identified in the CityWide Creeks and Wetlands Management Plan, to determine if nesting birds are in the vicinity of the construction sites. If nesting raptors are found, construction may need to be delayed until late-August or after the wildlife biologist has determined the nest is no longer in use or unless a suitable construction buffer zone can be identified by the biologist. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

A watercourse development permit shall be granted when the following findings can be made:

1. The development and the project as a whole is consistent with the City-Wide Creeks and Wetlands Management Plan.

2. That the development is permitted per Section 24.08.2150 or that the zoning administrator has determined that the project is in substantial conformance with the listed permitted uses.

3. That the development complies with the applicable watercourse development standards stated in Section 24.08.2180.

4. That the project has met the requirements of all other reviewing agencies including but not limited to state and federal government requirements. (Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).