The city council of the city does hereby adopt the following policy relative to the issuance of permits in the Hangtown Creek area:
It is the policy of the city to allow reasonable private uses of Hangtown Creek to the end that the owners of properties adjacent thereto will be encouraged to upgrade their respective properties thereby promoting the health and safety of the community, and concurrently therewith beautifying the city itself.
However, no permits shall be issued in the Hangtown Creek area which will unreasonably interfere with the city's right to use and maintain the creek for drainage, sewer flows and other reasonable municipal public uses and rights.
The creek area is recognized as an asset to the city which needs to be kept open to the greatest extent possible. It is also recognized that increased improvement, usage and access to the creek area needs to be encouraged.
The city engineer shall be responsible for issuance of encroachment permits in accordance with this chapter. However, when an encroachment involves the construction or reconstruction of a structure in the Hangtown Creek area, site plan review shall be required as provided in section 10-4-9 of this code.
For the purposes of this section, "Hangtown Creek" is defined as the area designated "creek" on the official map and in the field notes of the official survey of said city, and now on file and of record in the office of the county recorder of the county of El Dorado, state of California. (Ord. 1329, 8-9-1983)