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Decision time is fast approaching for the hotly debated creeks ordinance, but Creeks Task Force members are still torn over how to regulate the city’s hidden waterways. 

After more than a year of deliberation, the task force has drafted recommendations to amend the 1989 ordinance, revised in 2002, that limits development on and near Berkeley’s creeks. Many questions remain, however, such as whether to consider Berkeley’s interred watercourses as veritable creeks—and therefore subject to regulation—or as storm drains. 

Currently, the ordinance forbids homeowners living within 30 feet of any waterway, open or underground, from rebuilding or adding onto their homes. In 2004, that was clarified to exempt homes destroyed by natural disasters. But for many residents, the ordinance merits a complete overhaul. 

That time has come. 

The task force will hold a joint public hearing with the Planning Commission tomorrow on the following recommendations, agreed upon by at least nine of 15 task force members: 

• Homes within 30 feet of a creek may be expanded vertically on a case-by-case basis.  

• Homeowners who plan to develop as much as 5 feet into the 30-foot setback must obtain an administrative use permit. Expansion beyond five feet requires a variance. 

• Repairs and rebuilding are allowed. Incentives may be offered to encourage rebuilding 30 feet away from a creek or more. 

• No new structures may be built within 30 feet of a creek. 

Daylighting, or the opening of creek culverts, may or may not be considered in the existing ordinance. If addressed, members recommend that all daylighting on private property be voluntary. 

The staff report, dated March 22, also says, “Creek culverts should be treated as storm drains for purposes of safety, access and maintenance.” 

At press time, however, the task force remained split on the issue. Members agree creek culverts should be managed differently; they’re just not sure to what extent. 

Task force representatives, composed of City Council and city commission appointees, in addition to community members, met Monday night to discuss the point and to flesh out additional concerns, such as what type of structure warrants regulation. The existing ordinance refers only to roofed structures. Unroofed buildings, such as patios, decks and bridges are still up for debate. 

Task force members have other demands. They want a city-funded creek coordinator who would provide general assistance to creekside homeowners, a guide on creek-friendly development and a citywide watershed assessment. 

Wednesday’s joint public hearing at 7 p.m., at the North Berkeley Senior Center, 1901 Hearst Ave., will give community members an opportunity to express their opinions before the Planning Commission formally considers task force suggestions April 5. 

Commissioners must formulate a decision by April 26 to forward recommendations to the City Council by a May 1 deadline. If the commission is unable to reach a verdict by then, the inclusion of culverts in the ordinance’s definition of a creek will sunset. Creeks Task Force Secretary Erin Dando clarified that this will not occur automatically; the council will have to actually amend the ordinance.