Ordinance No. 07-1992
ORDINANCE NO. 07-1992
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CUPERTINO ADDING CHAPTER 9.19 TO THE CUPERTINO
MUNICIP AL CODE REGARDING WATER RESOURCE PROTECTION
FOR PROPERTIES ADJACENT TO A STREAM
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY
ORDAIN that Chapter 9.19 of the Cupertino Municipal Code shall be added to read as
follows:
9.19.010 Purpose of Chapter
This Chapter establishes the requirement to obtain a Stream Modification Permit under
certain conditions for modifications to streamside properties within the City of Cupertino
and establishes procedures for the administration and issuance of such Permits.
9.19.020 Definitions
For the purposes of this chapter, the definitions contained in Section 9.18.020 shall apply
to this chapter in addition to those definitions contained in this section. The following
words and phrases shall have meanings ascribed to them by this section, unless the
context or provision clearly requires otherwise.
1. "Bank". The portion of the stream cross section that restricts lateral movement
of water.
2. "Development". A land development or land development project.
3. "Director of Public Works". The Director of Public Works and his or her duly
authorized agents and representatives.
4. "Guidelines and Standards". A set of model guidelines, standards, procedures,
and recommendations developed for land use activities near streams, for streamside
properties, and for the protection of streams and streamside resources.
5. "Modification". Any alteration to streamside properties or structures therein,
including but not limited to activities that are part of a development.
6. "Person". Any person, firm, association, organization, partnership, business
trust, joint venture, corporation or company, and includes the United States, the State of
California, the County of Santa Clara, special purpose districts, and any officer or agency
thereof.
Ordinance No. 07-1992
7. "Riparian Vegetation". Vegetation growing on or near the banks of a stream or
other body of water on soils that exhibit some wetness characteristics during some
portion of the growing season.
8. "Stream". A body of water that flows at least periodically or intermittently
through a bed or channel having banks. The body of water may include a surface or
subsurface flow that supports or has supported riparian vegetation, fish and/or aquatic
life.
9. "Streamside Modification Permit". The permit issued by the City of Cupertino
to the applicant required for undertaking any modifications on streamside properties.
10. "Streamside properties". All properties containing or abutting a stream.
9.19.030 Streamside Modification Permit
A. Permit Required. No person shall do or cause to be done any modification
located on properties adjacent to a stream unless a Streamside Modification Permit for the
modification has been issued and is in effect. A Streamside Modification Permit applies
to the property for which it was issued and therefore transfers when the property
ownership is transferred, unless its specific conditions provide otherwise.
B. Exceptions. The following modifications are exempt from the requirement of
obtaining a Streamside Modification Permit, if the modification is not within a stream
including up to the top of bank.
1. Less than 3 cubic yards of earthwork provided it does not damage, weaken,
erode or reduce the effectiveness of the stream to withhold storm and flood
waters.
2. A fence that is six feet or less in height or is otherwise permitted by the City.
3. An accessory structure 120 square feet or less in size.
4. Interior or exterior additions or alterations to structures within the existing
footprint.
5. Landscaping on existing single-family lots.
C. Applications. All requests for a Stream Modification Permit must be filed with
the City on an application form established and maintained by the City. The person
proposing the modification for. which the permit is required must sign the application. In
the case of an application filed by a public agency, the person duly authorized to make
such application must sign the application.
2
Ordinance No. 07-1992
D. Conditions of Approval. A Stream Modification Permit will be issued subject
to the conditions required by the City and the conditions will be commensurate with the
nature and magnitude of the request and may include a time limit on the life of the permit.
19.19.040 Streamside Modification Permit - Guidelines and Standards
A. Adoption. The Council shall adopt by Resolution and may from time to time
amend by Resolution a comprehensive set of Guidelines and Standards as defined in
Section 9.19.020.4 which shall form the basis for the evaluation of land use on streamside
properties and the issuance as appropriate of Streamside Modification Permits.
B. The application of the Guidelines and Standards shall be administered by the
Director of Public Works in accordance with the purpose of this chapter.
C. Notwithstanding the criteria provided in the Guidelines and Standards, the
Director of Public Works is authorized to make adjustments in the criteria and provisions
of the Guidelines and Standards, if in his or her professional opinion, such adjustments
are necessary to fit the specific conditions of the property for which the Streamside
Modification Permit is to be issued.
19.19.050 Time Limit for Commencing Use of Permit
Unless specific language in Stream Modification Permit provides otherwise, the
permit shall expire 730 days after its effective date unless the permittee has preformed
substantial work in compliance with the conditions of the permit.
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
the 16th day of January, 2007 and ENACTED at a regular meeting of the City Council of
the City of Cupertino the 6th day of February 2007, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Wang, Kwok, Lowenthal, Mahoney, Sandoval
None
None
None
ATTEST:
~~
City Clerk
APPROVED:
(
3