Hearing

BERKELEY CITY COUNCIL SPECIAL MEETING

SEPTEMBER 28, 2004

6:00P.M.

LONGFELLOW SCHOOL AUDITORIUM

1500 DERBY STREET

NOTICE OF PUBLIC HEARING ON CITY'S CREEK ORDINANCE

Printer-friendly version of all documents:

http://www.ci.berkeley.ca.us/citycouncil/publichearings/2004/092804PH.htm

Memo from Sherry M. Kelly, City Clerk:

The City Council is holding a public hearing on the City's Creek Ordinance in order to take public comment on the existing ordinance and consider what direction it may wish to give staff to modify the ordinance.

The City's Creeks Ordinance was first adopted in 1989 and has subsequently been modified to clarify certain of its provisions, but has not been substantially changed since it was first adopted. The ordinance prevents most development from occurring within 30 feet of the centerline of a creek. Creeks are broadly defined to include naturally occurring watercourses and those portions of a creek that have been placed in culverts but remain in the location where they naturally occurred before being placed in the culvert.

It is the City's policy to protect and restore its creeks and to encourage uncovering and "daylighting" creeks that have already been placed in culverts. To implement this policy, the ordinance prevents new development of a structure with a roof from occurring within 30 feet of the centerline of a creek and prevents additions to structures that would either encroach within 30 feet of the centerline of the creek or add on to an existing encroachment. Under the current ordinance an application for a variance permit is required to rebuild a building that encroaches in the required setback and is destroyed in a disaster. City staff is recommending modifications to the Creek's Ordinance that would incorporate standards to govern rebuilding at this public hearing.

Property owners who have been identified as owning a structure within 40 feet of the estimated centerline of a creek and other interested parties have been notified by mail of this upcoming public hearing and have been provided additional background material. This notice and all background material is also available from the City Clerk Department, 2180 Milvia Street, Berkeley, and on the City's website at http://www.ci.berkeley.ca.us/citycouncil/publichearings/default.htm

Anyone wishing to speak at the public hearing may receive a speaker card from the City Clerk at the start of the Council meeting up until the closure of the public hearing. Written comments should be mailed or delivered directly to the _CityClerk, 2180 Milvia Street Berkeley CA 94704, in order to ensure delivery to all Councilmembers and inclusion in the agenda packet. Comments received no later than September 20, 2004 will be included in Council agenda packets. Comments received thereafter will be submitted to Council as supplemental communications at the meeting. For further information, call Sherry M. Kelly, City Clerk, 981-6900. FAX: (510) 981-6901. TDD: (510) 9816903.

[Signature: Sherry M. Kelly, City Clerk]

G:\AGENDA\CC\APPEAL-PUJC HEARING\2004 General\Creeks Ordinance\Notice of Public Hearing. doc

Memo from City Clerk -|- Memo from City Manager-|- Ordinance (Attachment A)

Permit Application Procedure (Attachment B)-|- Disaster Replacement Draft Ordinance Modifications (Attachment C)