Tuesday, September 28, 2004, 6:00 P.M.
Longfellow School Auditorium, 1500
Derby Street, Berkeley
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.
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.
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
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
(PDF*, 723 KB) is also available from
the City Clerk Department, 2180 Milvia Street, Berkeley, and on the
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