The City Council recently adopted a new Creek Setback Ordinance to protect the creeks from the adverse effects of new construction or grading, to help reduce flooding hazards, and to allow residents to develop their property adjacent to creeks to the maximum extent practicable. The new ordinance took effect on February 25, 2010 and is applicable City-Wide for all properties adjacent to City creeks.

The required creek setback is based on the depth of the creek. For ease of implementation, setbacks are established in increments of five feet. For example, a creek that is 5 feet deep would have a 5 foot setback and a creek that is 5 to 10 feet deep would have a 10 foot setback. The setback is measured from the top of creek bank. City staff is available to assist you in determining the creek setback for your property (see contact information below).

The new ordinance also contains exemptions from these setback requirements for:

o Properties adjoining a concrete channel owned by a public agency.

o Existing legal structures and building additions that are currently located within the established setback areas.

o Some improvements that do not require a foundation (e.g. play structure or dog house), a fence or wall not over 6 feet tall that is at least 75% open to allow the passage of light and air, concrete flatwork (such as a patio or walkway) less than three inches in depth, and landscaping.

The new ordinance also includes two exception processes to potentially allow structures to encroach into the setback area provided that certain criteria are met:

o A City Engineer exception process, for properties that are outside the flood zone, that are not classified as “repetitive loss properties,” where the depth of the creek during an average winter storm is less than 2 feet deep, and where the creek has sufficient capacity to carry anticipated storm water in that location; and

o A Zoning Administrator exception process, which allows consideration of requests for encroachments that cannot meet the criteria for streamlined City Engineer exception approval. This exception process is more formal and includes various submittal requirements, public noticing and a public hearing.

For more information on the new creek setback ordinance, please contact either Troy Fujimoto at 925-671-5224 or email at tfujimoto@ci.pleasant-hill.ca.us or Rod Wui at 925-671-5261 or rwui@ci.pleasant-hill.ca.us. The ordinance can also be viewed online at the City’s website, www.ci.pleasant-hill.ca.us/creek.