Chapter 13-22 — Refugio Creek Overlay District

The purposes of the Refugio Creek overlay district are to:

1. Establish a 50-foot setback between development and the “top of bank” of the creek corridors of Refugio Creek and its tributaries as a transition area between the flood prone riparian habitats and development.

2. Preserve the wooded tree-lined character of the proposed hiking/biking trail along Refugio Creek west of I-80 through retention of existing vegetation and/or planting of replacement trees and other vegetation.

3. Protect wetland and riparian communities from degradation due to development, and implement the habitat protection and flood mitigation measures associated with the General Plan Land Use Element. [Ord. 515 § 2, 2018; ZO § 22.100.]

The Refugio Creek overlay district is established by definition as the area of land within the 50-foot setback from either side of the top of bank of Refugio Creek and its tributaries. The overlay encompasses the creek corridor and the setback area extending outward from the top of bank.

1. The Refugio Creek overlay district is established in conjunction with other zoning districts designated for a property; the boundaries of the overlay may or may not coincide with other zoning district boundaries.

2. The overlay shall add to the regulations of whatever other zoning district designation or overlay district is applicable to the area or buildings within the overlay boundary; provided, that where a conflict between the regulations in this Chapter and those in other provisions of the Zoning Ordinance occurs, the more restrictive regulation shall prevail. [Ord. 515 § 2, 2018; ZO § 22.200.]

Plans for all new and expanded development and uses within the overlay area shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas within the Refugio Creek overlay district.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review.

2. All new and expanded uses shall require an administrative or conditional use permit. [Ord. 553 § 2, 2024; Ord. 515 § 2, 2018; ZO § 22.300.]

The standard performance standards for development specified in Chapter 13-31 shall be met along with the specific performance standards required for the land use and other overlay districts designated for the property. In addition, the following specific performance standards shall be met:

1. Require a minimum 50-foot setback between development and the “top of bank” of the lower Refugio Creek and Rodeo Creek corridors, except that the setback may be reduced for the west branch of Refugio Creek if the 50-foot setback proves infeasible.

2. Design of flood control improvements along Refugio Creek should be done in a manner to function as a transition area between land uses.

3. No structures are allowed within the overlay area except for necessary flood control and drainage facilities, bridges/road approaches, gravel or other previously surfaced maintenance roads, and recreational trails and paths. Whenever possible, these facilities shall be located and designed to not encroach upon the natural riparian and wetland habitat of the overlay area.

4. The overlay setback area may be included as part of any enhancements required by regulatory agencies or proposed by the developer. Riparian areas which are culverted or underground will be excluded from the setback buffer requirement.

5. The City shall require project proponents to design construction footprints to avoid any wetlands and buffer zones around the wetlands in the overlay area as determined by the Regional Water Quality Control Board (RWQCB), California Department of Fish and Game (CDFG) and/or the Army Corps of Engineers

(COE). If avoidance is not possible, projects shall be redesigned so as to impact the least amount of wetlands. Any areas that are classified as wetlands and will be affected by project development shall be recreated either on or off site in accordance with RWQCB, CDFG and COE requirements.

6. If flood control improvements are required along Refugio Creek, the City shall work with the COE to create a flood control area wide enough to provide for establishment within the flood control area of native vegetation to provide for wildlife habitat. There shall be a transition area between proposed land uses and the natural community within the overlay area. [Ord. 515 § 2, 2018; ZO § 22.400.]

The property development regulations within the Refugio Creek overlay district are per the performance criteria set forth in this Chapter and Section 13-31.300 in combination with the regulations of the land use zoning district and other overlay districts designated for a property; provided, that where a conflict between the regulations in this Chapter and those in other provisions of the Zoning Ordinance occurs, the more restrictive regulation shall prevail. [Ord. 515 § 2, 2018; ZO § 22.500.]

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The Hercules Municipal Code is current through Ordinance 555, passed March 25, 2025.

Disclaimer: The City Clerk's Office has the official version of the Hercules Municipal Code. Users should contact the City Clerk's Offi f di d b