19.60.030   Creekside development.
   A.   Purpose. Creek corridor habitats support plants and animals, recharge aquifers, and filter some pollutants. Creek corridors are valuable as open space areas and are of recreational and scenic interest. For these reasons, it is the intent of the City to provide adequate buffer areas between creek corridors and adjacent development to protect this valuable community resource as a natural, scenic, and recreational amenity.
   B.   Applicability. The provisions of this section apply to any property adjoining or including any of the following waterways:
      1.   Big Chico Creek;
      2.   Butte Creek;
      3.   Little Chico Creek/Butte Creek Diversion Channel;
      4.   Comanche Creek (Edgar Slough and its tributaries);
      5.   Lindo Channel;
      6.   Little Chico Creek and its tributaries including Dead Horse Slough; and
      7.   Sycamore/Mud Creek.
   C.   Streambed Information Required. At the time of permit application, applicants with parcels adjoining any of the above specified waterways shall submit site-specific streambed information prepared by a hydrologist, civil engineer, or qualified professional to determine the precise top of bank of the waterway, as defined in Subsection D below. The analysis shall include:
      1.   Detailed mapping of at least 1:100 scale;
      2.   Identification of the direction and flow of material run-off from the site, or   immediately adjacent to the site;
      3.   The need for mitigation measures, including rip rap, energy dissipation structures, or flow stabilizing devices, to keep flow velocities close to pre-development levels; and
      4.   Other information that the Director determines is necessary to properly analyze and mitigate potential impacts of the proposed development on the waterway.
   This requirement may be waived by the Director if it is determined that the project, because of its size, location, design, or other factors, will not have a significant impact on the waterway, or that sufficient information already exists and that further analysis is not necessary.
   D.   Top of Bank Defined. "Top of bank" shall mean the upper elevation of land, having a slope not exceeding 10 percent, which confines the channel waters flowing in a watercourse in their normal course of winter flow.
   E.   Creekside Development Standards.
      1.   A setback, easement, or dedication including any land within the channel and a minimum of 25 feet from the top of bank shall be required in all zoning districts. Additional setback, easement, or dedication may be necessary to protect environmental resources. The City may also acquire additional setback, easement, or dedicatio from top of bank.
      2.   As specified in Subsection E-1 above, setbacks shall be required for all ministerial projects. Either a setback, easement, or dedication shall be required for all discretionary land use entitlements. Tentative maps shall be conditioned in compliance with Title 18 (Subdivisions).
      3.   No structure, parking access, parking space, paved area, or swimming pool shall be constructed within a creek or creekside setback.
      4.   No grading or filling, planting of non-native or non-riparian plant species, or removal of native vegetation shall occur within a creek or creekside setback.
      5.   Where constructed drainage devices and improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earth-tone concrete, and native landscaping.
   F.   Downtown Creeks. New development Downtown, adjacent to Big Chico Creek or Little Chico Creek shall adhere to the following additional standards:
      1.   Provide public access to the creek; and
      2.   Incorporate design features that front the creek side of the property such as outdoor seating or dining, public open spaces, and/or facade improvements.
(Ord. 2185; Ord. 2223; Ord. 2397 §7, Ord. 2440 §37)