§ 13.16.130. Determination of permit category.

Depending on the type and location of development or work, a creek protection permit may fall into the following categories.

A.

Category I. Any indoor development or work. Although development or work indoors should not affect the quality of the creek environment, this is an opportunity for the city to distribute brochures regarding creek protection and overall quality of water that drains to the bay. Best management practices recommended in those brochures to protect water quality must be followed.

B.

Category II. Any exterior development or work that does not include earthwork, and is more than one hundred (100) feet from the center line of the creek to the location of the development or work. Category II provides the city with an opportunity to educate residents about creek protection and overall quality of water that drains to the bay. Best management practices recommended in those brochures to protect water quality must be followed.

C.

Category III. Any exterior development or work that may adversely impact the creek, beyond the twenty (20) foot setback from the top of bank of the creek, and is within one hundred (100) feet of the center line of the creek, that may or may not require any other development related permit, including without limitation: landscape walls, fences, patios, decks, private drainage improvements, irrigation systems, or trenching work. Additionally, any work or development that includes earthwork beyond the twenty (20) foot setback from the top of the bank of the creek.

D.

Category IV. Any exterior development or work that is conducted from the center line of the creek to the twenty (20) foot setback from the top of bank of the creek, that may or may not require any other development related permits including without limitation: earthwork, landscape walls, fences, patios, decks, private drainage improvements, irrigation systems, or trenching work.

E.

Reclassification of Category. The Chief of Building Services may, in order to further the purpose and intent of the chapter, reclassify an application in accordance with the following:

1.

If the Chief of Building Services reasonably believes that there are unusual circumstances that warrant the applicant providing further information, the Chief of Building Services may reclassify an application for Categories II, III or IV.

2.

If the applicant can demonstrate to the reasonable satisfaction of the Chief of Building Services that development or work shall not cause adverse impacts to the creek (including without limitation: erosion, bank failure, increased runoff, sediment loading, transfer or pollutants, or damage to the natural habitat, riparian vegetation or wildlife), then an application for Categories II, III or IV may be reclassified.

F.

Emergency Work. Work to abate an imminent threat to the public's health, safety or property may be undertaken prior to the issuance of a creek protection permit. Such emergency work shall be limited to the abatement of the imminent threat. An application for a creek protection permit shall be initiated as soon as practical, but in no event later than fourteen (14) calendar days after the commencement of the emergency work, and said application shall be diligently pursued by the applicant.

(Ord. 12024 § 1 (part), 1997)