HomeMy WebLinkAbout6.1 Ord Estb Req Prtctn Wtrcrs v.
CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: November 9, 1987
SUBJECT: Public Hearing: Ordinance Establishing Requirements for the
Protection of Watercourses
EXHIBITS ATTACHED: Draft Ordinance
RECOMMENDATION: ' 1) Open public hearing
2) Receive Staff presentation and public testimony
3) Question Staff and the public
4) Close public hearing and deliberate
5) Waive reading and adopt ordinance establishing
requirements for the protection of watercourses.
FINANCIAL STATEMENT: None
DESCRIPTION:
This ordinance was introduced at the October 26, 1987, meeting, and is part of
the City's municipal code update. The draft ordinance is essentially the same as the
County's ordinance, which the City adopted by reference in 1982.
The purpose of this ordinance is to safeguard and preserve watercourses,
protect lives and property, prevent damage due to flooding, protect drainage
facilities, control erosion and sedimentation, restrict discharge of polluted
materials., and enhance recreational and beneficial uses of watercourses.
A watercourse is defined as any conduit or appurtenant structure or any natural
or man-made channel through which water flows continuously or intermittently in a
definite direction and course or which is used for the holding, delay, or storage of
water.
In addition to requirements regarding construction near or within a
watercourse, this ordinance contains a provision which states that the owner or
tenant of property through which a watercourse passes is required to keep and
maintain the part of the watercourse within said property reasonably free of trash,
debris, excessive vegetation, and other obstacles which would pollute, contaminate,
or significantly retard the flow of water through the watercourse; to maintain
existing privately owned structures within or adjacent to a watercourse so that such
structures will not become a hazard to the use, function, or physical integrity of
the watercourse; and to not remove healthy bank vegetation beyond that actually
necessary for said maintenance or other maintenance (so as to preclude the
possibility of erosion).
This ordinance establishes a permit procedure for work within or near a
watercourse. The City Engineering Staff will be responsible for issuing all permits
except that ACFC & WCD (Zone 7) will issue permits for watercourses accepted and
maintained by Zone 7.
Staff recommends that the City Council waive the reading and adopt the
Ordinance Establishing Requirements for the Protection of Watercourses.
ITEM NO. ocz.,1 COPIES TO:
ORDINANCE NO. -87
AN ORDINANCE OF THE CITY OF DUBLIN
ESTABLISHING REQUIREMENTS FOR
PROTECTION OF WATERCOURSES
The City Council of the City of Dublin does ordain as follows:
ARTICLE 1.
Section 1. PURPOSE. This ordinance is enacted to safeguard and
preserve watercourses, protect lives and property, prevent damage due to
flooding, protect drainage facilities, control erosion and sedimentation,
restrict discharge of polluted materials, and enhance recreational and
beneficial uses of watercourses.
Section 2. DEFINITIONS. Unless the context clearly requires a
different meaning, the meanings given for the following words and phrases
shall apply when said words and phrases are used in this Chapter.
(a) AGRICULTURAL OPERATION means any land-related activity for
the purpose of cultivating or raising plants or animals or
conserving or protecting lands for such purposes when
conducted on agriculturally zoned lands, and is not surface
mining or borrow pit operations nor preparation for
construction or construction of any structure for human
occupancy.
(b) BANK means any embankment, dike, levee, wall, or similar
feature of natural or man-made origin which adjoins or
parallels any watercourse and which has as a function the
confinement of the water of said watercourse.
(c) CITY means the City of Dublin.
(d) CITY COUNCIL means the City Council of the City of Dublin.
(e) DEVELOPMENT means any act of filling, depositing,
excavating, or removing any natural material, or
constructing, reconstructing, or enlarging any structure
which requires a permit issued by the Director of Public
Works.
(f) DIRECTOR OF PUBLIC WORKS means the Director of Public Works
of the City of Dublin, acting either directly or through
his authorized deputies.
(g) DISTRICT means the Alameda County Flood Control and Water
Conservation District.
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(h) FLOODWAY means the channel of a watercourse and adjacent
land areas that must be reserved in order to convey flood
flows as determined by the Director of Public Works. Where
shown on a Flood Boundary and F100dway Map of the Federal
Insurance Administration, "F100dway" means such a
designation on said map.
(i) MAINTENANCE means the desi1ting, pruning, or removal of
vegetation, the removal of trash and debris, the removal of
algae, water treatment, mosquito abatement activities,
repair, or any other work required to maintain conveyance
or storage capacities of watercourses or purity and quality
of water, or to safeguard public health.
(j) PERMIT means a permit issued by the Director of Public
Works pursuant to the provisions of this ordinance.
(k) PERMITTEE means any person granted a permit under the
provisions of this ordinance.
(1) PERSON means any individual or group of individuals, firm,
corporation, or public agency.
(m) PUBLIC AGENCY means any Federal, State, regional, or local
government entity or any subdivision thereof.
(n) SETBACK means a distance adjacent to an open channel
watercourse within which development shall be controlled.
Setback limits are defined in Article 5.
(0) STRUCTURE means any works or constructions of any kind,
including those of earth or rock, permanent or temporary,
and including fences, poles, buildings, pavings, inlets,
levees, tide gates, spillways, drop structures, and similar
facilities.
(p) WATERCOURSE means any conduit or appurtenant structure or
any natural or man-made channel through which water flows
continuously or intermittently in a definite direction and
course or which is used for the holding, delay, or storage
of water. Natural channels shall generally be limited to
those designated by a solid line or dash and three dots as
shown in blue on the most recent U.S. Geological Survey 7.5
minute series of topographic maps. At the discretion of
the Director of Public Works, the definition of natural
channel may be limited to those channels having a watershed
area of 50 acres or more, and this definition will be
commonly used in the administration of this ordinance,
except for those cases in which the Director of Public
Works determines that the definition must be extended to a
natural channel with a watershed area smaller than 50 acres
in order to prevent a condition which is a menace to life
and limb, endangers property, is a hazard to public safety,
adversely affects the safety, use, or serviceability of
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adjacent property, public way or drainage channel, or could
adversely affect the water quality of any water body or
watercourse were the definition not extended to a
particular natural channel with a watershed area below 50
acres.
Section 3. JURISDICTION. This ordinance shall apply to the
incorporated area of the City of Dublin.
Section 4. RESPONSIBILITY OF THE DIRECTOR OF PUBLIC WORKS. It
shall be the responsibility of the Director of Public Works to enforce the
provisions of this ordinance and he is hereby so authorized.
Section 5. ASSIGNMENT OF RESPONSIBILITY. Where storm drain
facilities and/or watercourses have been accepted for maintenance by the
District or other public agency legally responsible for certain watercourses,
then the responsibility for enforcing the provisions of this Ordinance are
hereby assigned to those public agencies over those watercourses for which
they have accepted maintenance.
Section 6. OWNER'S AND TENANT'S RESPONSIBILITY. Every person
owning property through which a watercourse passes, or said person's lessee
or tenant, shall keep and maintain that part of the watercourse within said
property reasonably free of trash, debris, excessive vegetation, and other
obstacles which would pollute, contaminate, or significantly retard the flow
of water through the watercourse; shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures will
not become a hazard to the use, function, or physical integrity of the
watercourse; and shall not remove healthy bank vegetation beyond that
actually necessary for said maintenance or other maintenance specified in
Section 18 herein, nor remove said vegetation in such a manner as to increase
the vulnerability of the watercourse to erosion.
Section 7. ADMINISTRATION. This ordinance shall be
administered for the City of Dublin by the Director of Public Works.
ARTICLE 2. PERMIT PROCEDURES
Section 8. REQUIREMENTS. No person shall commit or cause to be
committed any of the following acts, unless a written permit has first been
obtained from the Director of Public Works.
(a) Discharge into or connect any pipe or channel to a
watercourse.
(b) Modify the natural flow of water in a watercourse.
(c) Carry out development within a setback, as defined in
Article 5.
(d) Deposit in, plant in, or remove any material from a
watercourse including its banks, except as required for
necessary maintenance.
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(e) Construct, alter, enlarge, connect to, change, or remove
any structure in a watercourse, or
(f) Place any loose or unconsolidated material along the side
of or within a watercourse or so close to the side as to
cause a diversion of the flow, or to cause a probability of
such material being carried away by storm waters passing
through said watercourse.
Section 9. RESTRICTIONS. The intent of this ordinance is to
safeguard watercourses. A permit shall not be granted where, in the opinion
of the Director of Public Works, a proposed activity in or adjacent to a
watercourse could result in disposal or deposition of oils, chemicals,
poisons, trash, or other materials harmful to said watercourse.
Section 10. DISTRICT ORDINANCE IN EFFECT. Nothing contained
herein shall in any way supersede, void, or preempt requirements of District
Ordinance No. 34 (Alameda County Ordinance Code Title 3, Chapter 6, Article
7). Said Ordinance includes permit requirements for activities in District-
owned rights-of-way or facilities.
Section 11. OTHER PERMITS. Nothing contained herein shall in any
way supersede, void, or preempt requirements of other governmental agencies,
including federal, state, and local agencies, in regard to activities
affecting watercourses. Also, the requirements of this ordinance are not
intended to duplicate the requirements of another agency. If, in the opinion
of the Director of Public Works, the requirements of this ordinance will be
substantially met by conditions prescribed by a permit granted by another
agency, the Director of Public Works may waive the permit requirements of
this ordinance. Any violation, however, of the requirements of this
ordinance, regardless of whether such violation may have occurred under
provisions of another permit, may be subject to enforcement procedures and
penalties prescribed by this ordinance.
Section 12. PERMIT APPLICATIONS. Permit applications shall be
filed with the Director of Public Works on forms furnished by his office. A
schedule of fees and costs and a list of requirements and instructions shall
be furnished each applicant. The Director of Public Works may require any
additional information he considers necessary to establish the identity of
the applicant, the location of the project site, details concerning the
proposed project, a timetable of proposed activities, existing site
conditions, and anticipated site conditions following the proposed
activities. An application shall be accepted as complete upon receipt of all
required information and payment of fees.
Section 13. PERMIT ISSUANCE.
(a) In issuing a permit, the Director of Public Works may
prescribe conditions reasonably necessary to safeguard the
affected watercourse pursuant to provisions of this
Chapter. Non-compliance with said conditions is deemed a
violation of this ordinance.
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(b) A permit may be issued for any reasonable term and may be
renewed if good cause therefor is shown. A written request
for renewal shall be submitted to the Director of Public
Works, who may require a new application and required fee,
considering the time between the expiration date and the
renewal request, revisions in City regulations, or changed
circumstances in the immediate area of the site. Any
revised plan shall be submitted to the Director of Public
Works for review, and any costs thereof shall be at the
applicant's expense.
(c) If a proposed activity could significantly affect the
physical characteristics of a watercourse in another
jurisdiction such as a neighboring City or or County, or
could result in disposal or deposition of a foreign
material in a watercourse upstream from such jurisdiction,
that jurisdiction shall be notified prior to issuing a
permit.
(d) Unless otherwise approved by the Director of Public Works,
hours of work shall be limited to 7:30 a.m. to 6:00 p.m.,
Monday through Friday.
Section 14. PROSECUTION OF WORK. The permittee shall begin the
work or use authorized by a permit issued pursuant to this ordinance within
90 days from the date of issuance unless a different period is provided in
the permit. Failure to begin said work or use on time or to prosecute it
diligently shall be deemed a violation of this ordinance.
Section 15. APPEALS. The issuance, denial, cancellation, or
conditioning of a permit pursuant to this ordinance may, within 15 calendar
days of such action, be appealed in writing by any person to the City
Council. An appeal shall set forth the grounds therefor, the work proposed
to be done, and the method of accomplishing said work, together with
sufficient factual, engineering, and technical data to set forth the basis
and the reasons for the appeal. The City Council shall make a final
interpretation of requirements and shall announce its decision within 30
calendar days after receipt of said written appeal.
Section 16. RESPONSIBILITY.
(a) Neither the issuance of a permit nor compliance with the
conditions thereof, nor with the provisions of this
ordinance, shall relieve any person from any responsibility
otherwise imposed by law for damage to persons or property;
nor shall the issuance of a permit hereunder serve to
impose any liability upon the City of Dublin, the District,
a special district, or its officers or employees, for
injury or damage to persons or property. A permit issued
pursuant to this ordinance does not relieve the permittee
of the responsibility of securing and complying with any
other permit which may be required by any other public
agency ordinance, directive, or law.
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(b) It shall be the responsibility of any person whose
operation may result in discharge into a watercourse to
comply with applicable Federal, State, and local water
quality standards and regulations.
Section 17. FEES.
(a) The schedule of fees and costs shall be those established
and adopted by the City Council from time to time by
resolution. Before a permit is issued, the applicant shall
deposit with the Director of Public Works cash or a
certified or cashier's check, in a sufficient sum to cover
the fee for issuance of the permit, charges for review of
plans, specifications and reports, other engineering
services, field investigations, and necessary inspection or
other work, all in accordance with schedules established
and adopted by the City Council.
(b) The fee may be waived for public agencies on approval of
the Director of Public Works.
(c) Public utilities may, at the option of the Director of
Public Works, make payment as billed by the Director of
Public Works instead of in advance.
(d) If, upon completion of any work under a permit there
remains any excess of deposit of fees or charges, the
Director of Public Works shall certify the same to the
Finance Director for refund to the permittee or refund the
same from any trust fund established under his jurisdiction
for such purposes.
(e) If, upon completion of any work under a permit there is an
insufficient deposit to cover the City's cost, the Director
of Public Works may require the Permittee to reimburse the
City in an amount equal to the cost deficit.
Section 18. EXEMPTIONS. The following activities are exempted
from the provisions of this Article except as provided herein.
(a) Agricultural operations, as long as these activities do not
significantly pollute or damage watercourses or cause
excessive erosion of banks and deposition of sediments in
watercourses thereby requiring abatement measures and
imposing cost burdens on the City and its taxpayers.
(b) Minor or routine maintenance work performed by a property
owner or his tenant on a watercourse flowing through his
property pursuant to Section 6 herein. Said maintenance
work shall be limited to pruning and removal of excessive
vegetation and removal of trash and debris.
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(c) Performance of emergency work necessary to protect life or
property when an urgent necessity therefor arises. The
person performing such emergency work shall notify the
Director of Public Works promptly of the problem and work
required and shall apply for a permit therefor within ten
calendar days after commencing said work.
(d) The Director of Public Works may, at his discretion, exempt
the permit requirements of this Article when a City of
Dublin Grading Permit has been obtained and all applicable
requirements of this ordinance have been satisfied.
Section 19. PERFORMANCE OF WORK - INSPECTION. The Director of
Public Works may inspect any work done pursuant to a permit under this
ordinance. No permittee shall be deemed to have complied with this ordinance
until a final inspection of the work has been made by the Director of Public
Works and he has certified in writing that the work has been completed in
accordance with all requirements and conditions of the permit. The permittee
shall notify the Public Works Department at least 48 hours prior to the date
and time of beginning of work and shall give at least 48 hours notice of
resumption of work, should there be a break in the continuity of work.
Section 20. SECURITY. At the discretion of the Director of
Public Works, a permit may be withheld until the applicant has posted
security in an amount satisfactory to the Director of Public Works for the
faithful performance of the work or the cost of removing the work or
otherwise reconstructing or restoring a watercourse to conditions existing
prior to such work in the event of a default on the part of the permittee.
Said security shall be in the form of cash, a certified or cashier's check, a
letter of credit, or a faithful performance bond executed by the applicant
and a corporate surety authorized to do business in this State.
Section 21. TRANSFER OF PERMIT.
ordinance may be transferred or assigned in
voluntarily or by operation of law, without
Director of Public Works.
No permit issued under this
any manner whatsoever,
the express consent of the
ARTICLE 3. ENFORCEMENT
Section 22. SUSPENSION AND REVOCATION OF PERMIT. The Director of
Public Works may suspend or revoke a permit for good cause, subject to appeal
to the City Council. However, no work shall be performed pending appeal
except as authorized by the Director of Public Works.
Section 23. ABATEMENT. Whenever the Director of Public Works
determines that any existing condition is a hazard to life or limb, or
endangers structures, or adversely affects the use, function or physical
integrity of a watercourse, or that any violation of this ordinance exists,
any such condition or violation is hereby declared to be a public nuisance
and may be abated pursuant to the provisions of Chapter 7 of City of Dublin
Ordinance 02-84.
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Section 24. INJUNCTION. The City Attorney, at the direction of
the City Council shall, or in the case of an emergency at the request of the
Director of Public Works may, petition the Superior Court for issuance of a
temporary restraining order, temporary injunction, or permanent injunction,
or combination thereof, as may be appropriate, requiring any person not
complying with this ordinance to comply herewith.
Section 25. NONEXCLUSIVE REMEDIES. The remedies provided herein
are not exclusive, and are in addition to any other remedy or penalty
provided by law for violation of this ordinance.
ARTICLE 4. ADDITIONAL PROVISIONS
Section 26. RIGHT OF ENTRY. Whenever necessary to enforce the
prov~s~ons of this ordinance, the Director of Public Works may enter the
premises at all reasonable times in the manner provided by law to perform any
duty imposed by this ordinance.
Section 27. LIABILITY. Neither issuance of a permit under the
prov~s~ons of this ordinance nor compliance with the provisions hereof or
with any conditions imposed in a permit issued hereunder shall relieve any
person from responsibility for damage to any person or property or impose any
liability upon the City for damage to any person or property.
Section 28. DENIAL OF OTHER PERMITS. No building, septic tank,
water, sewer, electrical, or any other permit shall be issued by the
City to any person for any premises or portion thereof which is in violation
of this ordinance and which violation is not corrected or approved for
correction by the Director of Public Works.
Section 29. NOTICE TO ADJACENT OWNERS. Upon the filing of an
application for a permit, the Director of Public Works may notify by mail the
owners of property abutting the site, as shown on the latest equalized
assessment roll, that an application for a watercourse protection permit has
been submitted pursuant to this ordinance, that they may comment at any stage
of the procedure, and may lodge an appeal pursuant to the provisions of this
ordinance.
Section 30. SEVERABILITY. If any section, subsection, paragraph,
subparagraph, sentence, clause, or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance; and the City Council declares that this
ordinance and each section, subsection, paragraph, subparagraph, sentence,
clause, and phrase thereof would have been adopted irrespective of the fact
that one or more of such section, subsection, paragraph, subparagraph,
sentence, clause or phrase be declared invalid or unconstitutional.
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ARTICLE 5. SETBACKS
Section 31. REQUIREMENTS.
(a) Setbacks are hereby established adjacent to open channel
watercourses in conformance with details shown in Section
32.
(b) The purpose of setbacks is to safeguard watercourses by
preventing activities that would contribute significantly
to flooding, erosion, or sedimentation, would inhibit
access for watercourse maintenance, or would destroy
riparian areas or inhibit their restoration. Accordingly,
no development shall be permitted within setbacks, except
as otherwise provided herein.
(c) In certain situations, where, in the op1n1on of the
Director of Public Yorks, it would be in the public
interest to permit limited development within a setback,
the Director of Public Yorks may grant a permit for said
development provided that the above specified purpose would
be satisfied. In such cases, the permit applicant shall
submit sufficiently detailed plans and specifications, and
any additional material required by the Director of Public
Yorks, to demonstrate that a proposed development adjacent
to an open channel watercourse would meet said
requirements.
(d) In all cases where development adjacent to an open channel
is permitted within setback limits, the owner of the
developed property shall assume all responsibility for any
damage whatsoever to his property or to any structures
erected thereon.
(e) No development shall be permitted within a setback where it
would conflict with the requirements of any applicable City
or District ordinance, regulation, directive, or law.
(f) Setbacks shall be located outside of f1oodways.
(g) The Director of Public Yorks shall make the determination
as to setback limits and any permitted development within a
setback.
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Section 32. SETBACK CRITERIA.
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SECTION A. TYPICAL WHERE lOO-YEAR STORM FLOW IS
CONTAINED WITHIN BANKS OF EXISTING WATERCOURSE.
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SETBACK.
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(NE it" CONSTR.UC/ION)
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(a) Slope of bank shall be 2 horizontal to 1 vertical or
flatter, as determined by the Director of Public Works.
SECTION B. TYPICAL WHERE EXISTING CHANNEL IS
SUFFICIENTLY LARGE TO ALLOW SIDE ENCROACHMENT
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(Section 32 Continued)
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(b) Sides of channel shall be structurally stable. If sides are of
earth, they shall have a maximum slope of 2 horizontal to I vertical.
SECTION C. TYPICAL FOR A FLOODPLAIN WHERE THE
WATERCOURSE MUST BE ENLARGED TO PERMIT DEVELOPMENT.
NOTE:
Sections Band C shall be based on maximum development under
existing General Plan.
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Section 33. SUPERCESSION. This Ordinance supersedes the
provisions of County of Alameda Ordinance Code Title 7, Section 10 as adopted
by City of Dublin Ordinance 19-82.
Section 34. EFFECTIVE DATE AND POSTING OF ORDINANCE.
This Ordinance shall take effect and be in force thirty (30) days from
and after the date of its passage. The City Clerk of the City of Dublin
shall cause this Ordinance to be posted in at least three (3) public places
in the City of Dublin in accordance with Section 36933 of the Government Code
of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin on
this 9th day of November, 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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