17.08.052 Regulation of construction, expansion, rebuilding, or replacement of decks adjacent to open creeks.
A. Deck between ten and thirty feet of the centerline. It is unlawful for any person, organization, institution, corporation, or the City of Berkeley to construct, add to, rebuild, or replace a deck located in an area between ten feet and thirty feet of the centerline of a creek without the approval of a Creek Permit from the City Engineer accordance with this section. An applicant for a creek permit shall submit a report completed by a licensed engineer or licensed geologist with expertise in hydrology or slope stability demonstrating to the satisfaction of the City Engineer each of the standards in paragraph D.
The City Manager or designee may adopt administrative guidelines for analysis of each of the standards described in paragraph D and may establish a list of qualified consultants. If the deck construction is otherwise subject to an Administrative Use Permit or Use Permit, then the requirements of this sub-section shall be satisfied as part of the consideration of the Administrative Use Permit or Use Permit.
B. Replacement or Rebuilding of Deck within ten feet of the centerline. Except as otherwise provided in Section 17.08.055, it is unlawful for any person, organization, institution, corporation, or the City of Berkeley to rebuild or replace a damaged or destroyed deck within ten feet of the centerline of a creek without the approval of an Administrative Use Permit after making the findings in paragraph D.
C. New Deck within ten feet of the centerline - Except as otherwise provided in paragraph A, it is unlawful for any person, organization, institution, corporation or the City of Berkeley to construct a new deck or add to an existing deck located in an area within ten feet of the centerline of a creek without the approval of a Variance.
D. Permit Standards - Neither a Creek Permit nor an Administrative Use Permit may be issued pursuant to paragraphs A or B, respectively, without determining each of the following:
1. The deck will not create, exacerbate, or prevent the abatement of, erosion and bank de-stabilization problems.
2. The deck will not increase stormwater runoff into the creek.
3. The deck's construction activities will not degrade water quality from increased sedimentation and particulates from disturbed soils; pollution from motor oil; or from the generally high level of toxics and trash around construction sites.
4. The deck will not eliminate or degrade significant in-stream or riparian corridor.
The Zoning Officer/Board may impose conditions when necessary to make the findings set forth herein for approval of the administrative use permit. (Ord. 6956-NS § 1 (part), 2006)