HomeMy WebLinkAboutMINUTES - 06041985 - 1.34 ORDINANCE NO . 85-40
(Providing structure setback areas along unimproved
open channels within subdivisions)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) : '
SECTION I . SUMMARY ._ This ordinance adds section 726-2.610 and
amends Chapter 914-10 of the County Ordinance Code to add
maintenance easements and provide for restricted structure setback
areas within subdivisions including open channels .
SECTION II . Section 74-6 .010 is added to the County Ordinance
Code , to read:
74-6 .010 Structures within structure setback areas . (a) No
building permit shall be issued for the construction of any per-
manent structures other than drainage structures within , under or
over any structure setback area covered by a drainage easement or
a deed of development rights and established pursuant to chapter
914-10 .
(b) Whenever the property upon which a building permit is
sought includes a structure setback area , the building inspector
shall refer the application to the Public Works Department for
verification of the structure setback line.
(Ord . 85- 40 §2. )
SECTION III . Section 914- 10.202 of the County Ordinance Code is
amended , to provide that easement widths are rounded up , to read:
914-10.202 Closed Conduits - Minimum widths of easements .
Minimum widths of drainage easements for closed conduits shall be
equal to the outside diameter or width of the conduit plus three
feet on each side , but in no location less than ten feet .
Easement widths shall be rounded up to the nearest foot . Drainage
easements shall not be divided longitudinally by lot lines .
(Ords . 85- 40 §39 78-5. )
SECTION IV. Section 914- 10.404 of the County Ordinance Code is
amended , to add maintenance easements , to read:
914- 10.404 Improved Channels - Access and maintenance ease-
ments . 1 For excavated earth channels within the subdivision ,
access and maintenance easements shall be provided along the banks
as follows:
Channel Top Width (Feet ) Access Easements (Minimum
Width - Feet
0 - 10 12 one side , 3 other side if
within subdivision
11 - 30 15 one side , 3 other side if
within subdivision
31 - 40 18 one side , 3 other side if
within subdivision
41 - 50 21 one side , 3 other side if
within subdivision
Ordinance No. 85-40
51 - 60 15 each side if within
subdivision
61 - 70 18 each side if within
subdivision
71 and above 21 each side if within sub-
division
(b) For lined channels within the subdivision , access and
maintenance easements shall be provided along the banks as
follows:
Channel Lining Top Width Access Easements Minimum Width
Feet Feet
3 - 10 3 one side 6 other side
11 - 15 6 one side 12 other side
16 - 30 6 one side 15 other side
31 - 40 6 one side 18 other side
41 - 50 6 one side 21 other side
51 and above same as earth channels
(c) Access and maintenance easements shall be graded in such
a manner so as to be usable by, vehicular maintenance equipment ,
but they need not be surfaced . Minimum radius of centerline of
such easements shall be forty feet . All such easements along
channels shall be provided with ingress from a public way and be
usable by vehicular maintenance equipment . The minimum width of
the ingress shall be twelve feet . Where trees in place on and
adjacent to channel banks are to remain, adequate additonal vehi-
cular easement width shall be offered for dedication.
(Ords . 85-40 §49 78-5 . )
SECTION V. Section 914-10.406 of the County Ordinance Code is
repealed .
SECTION VI . Section 914-10.406 is added to the County Ordinance
Code , to provide for structure setback lines , to read:
914-10.406 Unimproved Channels - Structure setback. (a)
"Structure setback line" means the line separating the structure
setback area from the remainder of the lot . For unimproved earth
channels within the subdivision, a structure setback line shall be
shown on the final or parcel map as follows: The thread of the
channel shall be shown as accurately as possible, and a dashed
line shall indicate the appropriate setback with a note describing
the formula used , selected from those set forth herein. The
development rights for that portion of the lot on the creek side
of the setback line shall be offered for dedication to Contra
Costa County by separate instrument .
(b) Channels less than 20 feet deep: the structure setback
line for unimproved channels with existing side slopes steeper
than 2.5: 1 (2.5 feet horizontal to 1 foot vertical ) shall be
determined by measuring from the toe of slope a distance of two-
and-one-half times the channel depth plus 30 feet . The structure
setback line for unimproved channels with existing side slopes of
2.5: 1 or flatter shall be 30 feet measured from the top of bank.
(c) Channels 20 feet deep and greater: the structure setback
line for unimproved channels with existing side slopes steeper
than 3: 1 (3 feet horizontal to 1 foot vertical ) shall be deter-
mined by measuring from the toe of slope a distance of three times
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Ordinance No. 85-40
the channel depth plus 20 feet . The structure setback line for
unimproved channels with existing side slopes of 3: 1 or flatter
shall be 20 feet measured from the top of bank .
(Ords . 85- 40 §6 , 78-5 . )
SECTION VII . Section 914-10.408 of the County Ordinance Code is
repealed .
SECTION VIII . Section 914-10.410 of the County Ordinance Code is
renumbered and amended , to read:
914- 10.408 Structures and landscaping within easements . No
permanent structures of any kind other than drainage structures
may be constructed within or over any easement described in this
chapter . Landscaping, including trees and shrubs , may be planted
within easements upon approval by the Public Works Department .
The structure setback line shall be verified prior to the issuance
of a building permit .
(Ords . 85- 40 §§7, 8, 78-5 . )
SECTION IX . Section 914-10.410 of the County Ordinance Code is
amended , to prohibit non-drainage structures within structure set-
back areas , to read:
914-10.410 Structures and landscaping within structure set-
back areas . No permanent structures of any kind other than
drainage structures may be constructed within, under or over any
structure setback area described in this chapter . Fencing and
landscaping, including trees and shrubs , are excluded from this
restriction .
(Ord . 85- 40 §9. )
SECTION X. EFFECTIVE DATE . This ordinance becomes effective 30
days after passage , and within 15 days of passage shall be
published once with the names of supervisors voting for and
against it in the Mart-ine7 N p wG Gaze tP , a newspaper
published in this county.
PASSED on _ June 4, 1985 by the following vote:
AYES: Supervisor Powers , Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR , Clerk of
the Board of Supervisors and
County Administrator
By GNW 0 11� �
Deputy Board Cha'
[SEAL]
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(4-4-85)
(4-10-85)
(4-16-85)
(5-6-85)
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Ordinance No . 85-40