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HomeMy WebLinkAboutMINUTES - 05021989 - T.2 . T,2 TO: BOARD OF SUPERVISORS Ccntra FROM: Harvey E. Bragdon ! w��Wla. Director of Community Development J. Michael Walford Public Works Director DATE: February 15 , 1989 SUBJECT: Urban Creeks Task Force SPaCIFTr. FXQ7JEST(c) OR RECOIMENDATIONS(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1 . Accept this as the final report of the Urban Creeks Task Force, request the Directors of Community Development and Public Works to send letters of appreciation to members of the committee, their alternates and County staff which supported this program. 2. Sunset the Urban Creeks Task Force since it has completed it ' s assigned tasks. 3 . Introduce the revision to Division 914 of the Subdivision Ordinance (with modifications if necessary) dealing with drainage and setbacks (Attachment A) . 4. Introduce the revision to Section 1010 of the County Ordinance Code (with modifications if necessary) dealing with Drainage Facilities Permits and Regulations (Attachment B) . 5. Acknowledge receipt of the revision of Section 82-4. 244 of the County Ordinance Code to the County Zoning Ordinance dealing with Lot Definition, Dimensions , Area (Attachment C) , and forward the proposal to the County Planning Commission for public hearing. This referral does not imply Board endorsement of this ordinance at this time. CONTINUED ON ATTACHMENT: X YES IGNA RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION O BO COMMITT ACTION OF BOARD ON May 2. 1989 APPROVED AS RECOMMENDED x OTHER County Staff members Jim Culter and Bud Murphy explained the work of the task force and the proposed ordinances. Beverly Ortiz, Chairman of the Task Force, urged the Board' s adoption. The Chairman read comments in favor by Pam Romo, Wanda Longnecker, John Steere, Judith Goldsmith, and Carol Schemmerling. Kim Brandt read proposed revised wording. The Chair noted that the Contra Costa Resource Conservation District indicated non support, stating that the ordinance does not go far enough. A memo from the Fish & Wildlife Committee urged the cities to adopt like ordinances, and letters of support were received from Joseph Mariotti, M.D. , the Mt. Diablo Audubon Society and Citizens or Urban Wildrness Areas. The Board approved the staff recommendations, introduced the ordinances and set May 9, 1989 for adoption. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X _ UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development ATTESTED May 2, 1989 Public Works PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS County Plannina Commission via CDD AND COUNTY ADMINISTRATOR JWC/jb BY DEPUTY Attachments JWC2/urbcrktf .bos o Section 1010 of the Ordinance Code dealing with drainage facilities, permits and regulations (Attachment B) ; o Section 82-4 . 24 of the Zoning Ordinance dealing with lot definition, dimension, area (Attachment C) . Since this is" an amendment to the County Zoning Ordinance, it must first be considered by the County Planning Commission, prior to Board action. The other assignment of the Task Force was to work with staff on developing a generalized outline for a stream. inventory to help the County and cities identify stream areas with significant riparian values which might �e desirable of complete or partial protection. Attachment D.- is the generalized scope of such an effort. The Task Force urges that. the Bo=rd endorse the need for such an inventory, and directs the Community Development and Public Works Departments to undertake such a program as staff time ' becomes available after the main efforts are complete on the Countywide General Plan Revision effort. The inventory should lead to proposals to be considered by the County and possibly cities to adopt policies, programs, ordinance or specific plans which would protect significant riparian areas, where feasible. The committee selected Bev Ortiz, from among it' s member- ship, to serve as spokesperson before the Board on these proposed revisions. Lastly, we feel it would be desirable to commend those participants which worked on the revision effort. Letters of appreciation to those that participated on the committee should be sent acknowledging their efforts. This should include the staff representatives which participated in the effort. Specifically Jim Cutler of Community Development, both Bud Murphy and John Kerekes of Public Works and David Schmidt of the County Counsel' s office should be acknow- ledged for their contributions. ATTACHMENT A ORDINANCE NO. 89- (Drainage Facilities, Easements , Setbacks and Offsite Improvements for 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 amends and updates the requirements for drainage facilities, easements and setbacks in connection with subdivisions approved by the County of Contra Costa. In addition, this ordinance adds certain requirements relating to the acquisition of property to construct or install offsite subdivision improvements. SECTION II. Section 94-4 .413 is added to the County Ordinance Code to read: 94-4 .413 Offsite improvements. Whenever improvements are required to be constructed outside of the subdivision, the sub- divider shall : ( 1 ) Furnish proof satisfactory to the public works department that the subdivider or county has sufficient title or interest in said property to permit the improvements to be made; or (2) If the public works department determines that neither the subdivider, nor the county, has sufficient title or interest in said property, furnish all of the following: a. The names and addresses of the current owners of record of the property and a legal description (metes and bounds) and plat map (drawn to scale) of the property proposed to be acquired by eminent domain. b. Proof satisfactory to the public works depart- ment of full compliance with the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq. ) , Government Code sec- tion 65402 and the Relocation Assistance Act (Gov. Code, § 7260 et seq. ) in connection with the proposed acquisition. c . A current title report and appraisal of the prop- erty, in a form and by an appraiser approved by the public works department. d. A written statement of all offers made to obtain the property by negotiation and copies of all correspondence relating to offers and responses, including evidence of an offer which satisfies the requirements of Government Code section 7267 .2. e . A. fully executed agreement , in a form approved by the county counsel , under which the subdivider agrees to pay all costs for acquisition of the property, to post a cash deposit and security bond in the amounts approved by the public works department and specified in the agreement and to comply with the agreement' s other terms. f. The cash deposit(s) and security bond required by the agreement. (Ord. 89- ; Gov. Code, § 66462.5. ) ORDINANCE NO. 89- SECTION III. Division 914 of the County Ordinance Code is repealed, and re-enacted in amended form to read: DIVISION 914 DRAINAGE Chapters : 914-2 Minimum Requirements 914-4 Natural Watercourses 914-6 Open Channels and Ditches 914-8 Conduits 914-10 Levees 914-12 Detention Basins 914-14 Rights of Way and Setbacks 914-16 Miscellaneous Chapter -914-2 MINIMUM REQUIREMENTS Sections : 914-2. 002 Onsite collect and convey requirements. 914-2 .004 Offsite collect and convey requirements. 914-2.006 Storm water disposal restrictions. 914-2 .008 Runoff quantity determination. 914-2.010 Drainage facilities - Minimum capacities . 914-2.002 Onsite collect and convey requirements. (a) All portions of the subdivision shall be protected from flood hazard, inundation, sheet overflow and ponding of storm waters, springs and all other surface waters. All finished floors shall be above the water surface of a one-hundred-year frequency storm runoff from the maximum potential development of the drainage basin or watershed . (b) All surface waters occurring within the subdivision, as well as all surface waters flowing into and/or through the sub- division, shall be collected and conveyed through the subdivision without damage to any improvement, building site or dwelling which may be constructed within the subdivision. (c) Storm drainage facilities within the subdivision shall be designed and constructed in compliance with the requirements of this title and with current ordinance specifications and design standards of the public works department, so as to adequately con- vey with sufficient freeboard the storm water runoff from the maximum potential development of the drainage basin or watershed. (d) As required by Section 94-4.214, the final map or parcel map shall include a dedication to the county or other public agency of land rights for construction, maintenance and operation of all necessary storm drainage and access facilities. The land rights shall conform with the width and other requirements of Chapter 914-14 . (Ords. 89- , 78-5) . 914-2.004 Offsite collect and convey requirements. (a) All surface waters flowing from the subdivision in any form or manner shall be collected and conveyed without diversion or damage to any ORDINANCE NO. 89- (p. 2) improvement, building or dwelling to a natural watercourse having a definable bed and banks, or to an existing public storm drainage facility having adequate capacity to its point of discharge into a natural watercourse, or the advisory agency, in its discretion, may require that flows from the subdivision be regulated so as not to exceed the capacity of watercourses downstream when considered with regard to the development potential of the drainage basin or watershed. (b) Storm drainage facilities outside the subdivision shall be designed and constructed in compliance with the requirements of this title and with current ordinance specifications and design standards of the public works department, so as to adequately con- vey with sufficient freeboard the storm water runoff from the maximum potential development of the drainage basin or watershed. (c) Wherever surface waters must be collected or conveyed beyond the boundaries of the subdivision in order to discharge into a natural watercourse or into an existing adequate public storm drainage facility, the subdivider shall comply with either subsection (d) , (e) or ( f) of this section, prior to filing of the final map or parcel map. (d) The subdivider shall deposit with the public works depart- ment: ( i) a copy of a duly recorded conveyance from the adjacent property owners, in a form and content acceptable to the public works director, granting to the subdivider the land rights to construct, maintain and operate all necessary storm drainage and access facilities ; and (ii) a copy of a duly recorded offer of dedication from the adjacent property owners, in a form and con- tent acceptable to the public works director, offering to dedicate to the county or other public agency sufficient land rights for construction, maintenance and operation of all necessary storm drainage and access facilities. Such documents shall be obtained from all property owners between the boundaries of the subdivision and the point at which the surface waters will be discharged into a natural watercourse having definable bed and banks or an existing adequate public storm drainage facility. The land rights shall conform with the width and other requirements of Chapter 914-14. (e) The subdivider shall deposit with the public works depart- ment a copy of a duly recorded drainage release from the adjacent property owners, in a form and content acceptable to the county counsel, accepting the flow of surface waters from the subdivision onto and over that property, without liability by the county for damages occurring therefrom. Such releases shall be obtained from all property owners between the boundaries of the subdivision and the point at which the surface waters will enter a natural water- course having definable bed and banks or an existing adequate public storm drainage facility. ( f) The subdivider shall present written evidence which proves to the satisfaction of the public works department that it is not feasible to obtain by negotiation from the adjacent property owners either a drainage release, or land rights, and shall comply with the requirements of Section 94-4 .413. The board, in its sole discretion, may then' authorize the institution of condemnation proceedings to acquire the land rights at the subdivider's expense. (Ords. 89- , 78-5; Gov. Code, § 66462.5) . 914-2.006 Storm water disposal restrictions . Storm waters , flowing from the subdivision in any form or manner shall not be permitted to flow into any water conveyance facility of the Contra Costa Canal, nor into any other water conveyance or impounding facility for domestic water consumption. (Ords. 89- , 78-5) . 914-2.008 Runoff quantity determination. Runoff quantities shall be determined by methods consistent with current engineering practices using basic data supplied by the public works department for the frequency of the average recurrence interval stipulated in Section 914-2.010. (Ords. 89- , 78-5) . ORDINANCE NO. 89- (p. 3) 914-2.010 Drainage facilities - Minimum capacities. (a) Storm drainage facilities directly affecting the subdivision shall have the following minimum capacities: ( 1 ) Major drainage facilities ( i .e. , those serving a watershed area four square miles or greater) shall have adequate capacity to contain with sufficient freeboard a 50-year frequency of average recurrence interval runoff and contain without freeboard a 100-year average recurrence interval runoff; (2) Secondary drainage facilities (i .e. , those serving a watershed area one square mile or greater but less than four square miles) shall have adequate capacity to contain with suf- ficient freeboard a 25-year frequency of average recurrence inter- val runoff; (3) Minor drainage facilities ( i .e. , those serving a watershed area less than one square mile) shall have adequate capacity to contain with sufficient freeboard a 10-year frequency of average recurrence interval runoff; (b) As used in this division, the terms "storm drainage facil- ity" and "drainage facility" shall include, without limitation, channels, ditches , conduits (e.g. , pipes and culverts) , detention basins and all appurtenances. (Ords. 89- , 78-5) . Chapter 914-4 NATURAL WATERCOURSES Sections : 914-4 .002 Protection of natural watercourses. 914-4 .004 Watercourse capacity and stability analysis. 914-4 .006 Vegetation removal. 914-4.008 Side drainage. 914-4.002 Protection of natural watercourses. The advisory agency, in its sole discretion, may determine that a natural watercourse, or a substantial portion of a natural watercourse, is a scenic attraction or possesses significant riparian habitat, and may require that the watercourse or portion of the watercourse be protected in its natural state. The watercourse or portion required to be protected shall be referred to as a "protected watercourse." (Ords. 89- , 78-5) . 914-4.004 Watercourse capacity and stability analysis. Before a protected watercourse may be utilized for discharge of drainage flowing through or from a subdivision, the watercourse's capacity and stability shall be substantiated through hydraulic calculations performed by a licensed engineer. Design flow volu- mes in excess of the watercourse ' s reasonable capacity shall be conveyed around the protected watercourse or shall be detained in adequate detention basins meeting the requirements of Chapter 914-12. Flow velocities in excess of those permitted by Section 914-6 .202 shall be attenuated using environmentally-sensitive techniques approved by the public works department. (Ord. 89- ) . 914-4 .006 Vegetation removal. Vegetation removal within a protected watercourse shall be restricted to the removal of downed trees, trees that are precariously undercut and trees that have the potential of creating a major obstruction within the floodway. Removal work shall be done in an environmentally-sensitive manner, so as to minimize damage to remaining trees , undergrowth and other riparian vegetation. Older trees requiring removal of dead or diseased limbs shall be trimmed under the supervision of a tree specialist. To the maximum extent possible, undergrowth shall be preserved . (Ord. 89- ) . ORDINANCE NO. 89- (p. 4) 914-4 .008 Side drainage. Storm drainage facilities discharging into a protected watercourse shall be designed in such a manner as to minimize visual impact and erosion within the. pro- tected watercourse. Wherever possible, side drains shall be com- bined prior to discharging into the watercourse to reduce the number of outfalls into the watercourse. (Ord. 89- ) . Chapter 914-6 OPEN CHANNELS AND DITCHES Article 914-6.2 Earth and Lined Channels Sections: 914-6 .202 Earth channels - Maximum design velocities. 914-6.204 Earth channels - Minimum velocities. 914-6 .206 Earth channels - Side slopes. 914-6 .208 Lined channels - Side slopes. 914-6 .210 Lined channels —Outlet velocity. Article 914-6 .4 Roadside Ditches Sections: 914-6 .402 Discharge to roadside ditches. 914-6 .404 Roadside ditch sections. 914-6 .406 Purpose of roadside ditches. 914-6 .408 Roadside ditch gradients. Article 914-6 .2 Earth and Lined Channels 914-6 .202 Earth channels - Maximum design velocities. Maximum design velocities for natural or improved earth channels shall be those specified by a licensed soil engineer in the soil report. The calculations shall be based upon the United States Department of Agriculture , Soil Conservation Service Tractive Force Method, or an alternative method approved by the public works department. (Ords. 89- , 78-5) . 914-6 .204 Earth channels - Minimum velocities. Minimum velo- cities at design capacity for earth channels shall be three feet per second. (Ords. 89- , 78-5) . 914-6 .206 Earth channels - Side slopes. Side slopes for improved earth channels shall be those specified by a licensed soil engineer, but in no instance shall side slopes be steeper than two horizontal to one vertical. (Ords. 89- , 78-5) . 914-6 .208 Lined channels - Side slopes. Side slopes for lined channels shall be those specified by a licensed engineer and shall be based upon the data contained in a soil report prepared by a licensed soil engineer. The engineering calculations shall also indicate the structural integrity of the lining and any needed subdrainage . (Ords. 89- , 78-5) . 914-6 .210 Lined channels - Outlet velocity. Where the outlet velocity from a lined channel exceeds the maximum allowable velo- city for the earth channel receiving the flow, suitable protective works shall be constructed to dissipate the flow. At a minimum, the outlet end of the lined channel shall be protected by a cutoff wall and the placement of loose riprap. The protective works shall be those specified by a licensed engineer and shall be based on engineering calculations of allowable flow velocities. (Ords. 897 78-5) . ORDINANCE NO. 89- (p. 5) Article 914-6 .4 Roadside Ditches 914-6 .402 Discharge to roadside ditches. No concentrated flow of storm waters from a subdivision shall be discharged into a roadside ditch. (Ords. 89- , 78-5) . 914-6 .404 Roadside ditch sections. Roadside ditch sections shall be subject to the approval of the public works department as to shape, size, gradient, lining, and location within the road right-of-way, and shall have the required hydraulic capacity. (Ords. 89- 78-5) . 914-6 .406 Purpose of roadside ditches. Roadside ditches and gutters shall be provided to carry the drainage from the road and tributary lands without damage to the roadbed or abutting pro- perty. (Ords. 89- 78-5) . 914-6 .408 Roadside ditch gradients. The maximum gradient for earth roadside ditches shall not exceed four percent, nor be less than one percent. The minimum gradient for lined roadside ditches shall not be less than one percent. (Ords. 89- , 78-5) . Chapter 914-8 CONDUITS Sections : 914-8 .002 Closed conduits - Minimum size. 914-8 .004 Closed conduits - Minimum flow line. 914-8 .006 Closed conduits - Maximum velocity. 914-8 .008 Closed conduits - Outlet velocity. 914 .8 .010 Piping requirements. 914-8 .012 Storm drain inlets . 914-8.014 Closed conduits - Streets and channels. 914-8 .016 Drainage facilities - Freeboard. 914-8 .002 Closed conduits - Minimum size. Closed conduits, including under-driveway culverts and street-crossing culverts, shall be of a size adequate to carry the design flow, but shall not be smaller than eighteen inches inside diameter. (Ords. 89- , 78-5) . 914-8 .004 Closed conduits - Minimum flow line. Minimum flow line gradients far closed conduits shall not be less than three one-thousandths (0. 003) foot per foot. (Ords. 89- , 78-5) . 914-8 .006 Closed conduits - Maximum velocity. Closed con- duits shall not be designed to operate at high velocities when site conditions may yield an erosive bed load in the facility. (Ord. 89- ) . 914-8.008 Closed conduits - Outlet velocity. Where the outlet velocity from a closed conduit exceeds the maximum allowable velocity for the storm drainage facility receiving the flow, suitable protective works shall be constructed to dissipate the flow. At a minimum, the outlet end of the closed conduit shall be protected by a cutoff wall and the placement of loose riprap. The protective works shall be those specified by a licensed engineer and shall be based on engineering calculations of allowable flow velocities . (Ords. 89- , 78-5) . 914-8 .010 Piping requirements. All pipe or culverts intended for use within the roadway shall be of a class or gauge recom- mended by the manufacturer and approved by the public works ORDINANCE NO. 89- (p, 6) department for the cover and service conditions required and shall provide a minimum service life of fifty years. Pipe or culverts for use outside the roadway may be of any approved type and strength to meet field conditions. Metal pipe shall not be used in arterial, thoroughfare or collector streets. Corrugated steel and aluminum pipe shall be bituminous coated unless the soil and drainage water have pH or resistivity values approved by the public works department. Additional protective coating or paving of metal pipes may be required for severe service conditions . The class or gauge of pipe or culvert proposed at each location shall be noted on the improvement plans. (Ords. 89- , 78-5) . 914-8.012 Storm drain inlets. Storm drain inlets shall be of a design approved by the public works department. Pipelines shall be aligned with the storm drain inlet in such a manner and direc- tion as not to cause a reversal of direction of the flow of the water and as not to enter through a corner of the inlet. (Ords. 89- , 78-5) . 914-8 .014 Closed conduits - Streets and channels. Water within street areas shall be placed in closed conduits when the maximum depth of computed flow exceeds the capacity of the gutter or creates a traffic hazard or endangers property. Storm water in natural or improved earth channels shall be placed in closed con- duits or concrete lined channels , except where the quantity exceeds eighty cubic feet per second , or except as provided other- wise in Chapter 914-4. (Ords. 89- 78-5) . 914-8 .016 Drainage facilities - Freeboard. Storm drainage facilities all allow for tidal action and flood stage where applicable. The hydraulic pressure elevation in any storm drainage facility shall be at least fifteen inches below the top of any inlet grate or manhole. (Ords. 89- , 78-5) . Chapter 91.4-10 LEVEES Sections : 914-10.002 Compliance requirements. 914-10. 004 Design and soil report. 914-10.006 Toe and slope requirements. 914-10.008 Top width - Reclaimed lands and open channels. 914-10.010 Top width - Protection from surface waters. 914-10 .012 Degree of protection. 914-10.014 Approval of design and construction. 914-10.016 Control and maintenance . 914-10 .002 Compliance requirements. Adequate levees shall be provided in compliance with Section 914-2.002. (Ords. 89- , 78-5) . 914-10.004 Design and soil report. All levees in excess of three feet in height shall be designed by a licensed soil engineer and shall require the submittal of a soil report. (Ord. 89- ) . 914-10.006 Toe and slope requirements . For levees used in combination with open channels and waterways, the toe of the levee on the water side shall be placed at least two feet back from the top of the bank of channel or waterway. Levee side slopes shall not be steeper than two horizontal to one vertical. (Ords. 89- 9 78-5) . ORDINANCE NO. 89- (p. 7) 914-10.008 Top width - Reclaimed lands and open channels. Top width of levees constructed for the protection of reclaimed lands or the containment of open channels shall not be less than eighteen feet. (Ords. 89- , 78-5) . 914-10.010 Top width - Protection from surface waters. Top width of levees constructed for protection of any portion of the subdivision from surface waters shall not be less than five feet. (Ords. 89- 78-5) . 914-10.012 Degree of protection. The degree of protection for which levees shall be designed shall be as follows: ( 1 ) For watercourses and channels, levees shall provide the degree of protection as specified in Section 914-2.002 and shall include no less than three feet of freeboard; (2) For those areas to be protected from waters of San Francisco Bay and San Pablo Bay from the southerly and westerly boundaries of Contra Costa County to the state highway bridge at Carquinez Strait , levees shall provide protection from tides and from waves created by wind action. Tops of curbs shall not be lower than elevation 7.5 U.S.G.S. datum; (3) For those areas to be protected from the waters of Carquinez Strait and Suisun Bay from the state highway bridge at Carquinez Strait to Simmons Point on Chipps Island, levees shall provide protection from tides, flood flows in the Sacramento and San Joaquin Rivers, and waves created by wind action. The basis for flood protection shall be the U.S. Army Corps of Engineers' standard project flood, approximately equivalent to a recurrence interval of two hundred years. Tops of curbs shall not be lower than elevation 8.5 U.S.G.S. datum; (4) For those areas within the delta area from Simmons Point on Chipps Island to the easterly boundaries of Contra Costa County, levees shall provide protection from tides, flood flows in the Sacramento and San Joaquin Rivers and all waterways tributary thereto, and waves created by wind action. The basis for flood protection shall be the U.S. Army Corps of Engineers' standard project flood, approximately equivalent to a recurrence interval of two hundred years. Tops of curbs shall not be lower than ele- vation 9 .5 U.S.G.S. datum. (Ords. 89- , 78-5) . 914-10.014 Approval of design and construction. Approval of the design and construction of all levees within those areas described in Section 914-10.012 (2) , (3) and (4) , shall be obtained from the U.S. Army Corps of Engineers, California State Reclamation Board, San Francisco Bay Conservation and Development Commission, and any active operating local reclamation district within whose boundaries levees are to be constructed. (Ords. 89- , 78-5) . 914-10.016 Control and maintenance. The jurisdiction for the control and maintenance of all required levees shall be deter- mined by the county, except as to areas where reclamation districts or districts with similar powers have such respon- sibilities, in which case the district having that responsibility shall present assurances satisfactory to the county that it has the necessary means and will perform the continued necessary main- tenance of those levees protecting the subdivision. (Orris. 89- , 78-5) • Chapter 914-12 DETENTION BASINS Sections: 914-12.002 Detention basins - Where permitted . 914-12.004 Detention basins - Capacity. ORDINANCE NO. 89- (p. 8) 914-12.006 Detention basins - Design standards. 914-12.008 Detention basins - Joint use. 914-12.010 Detention basins - Maintenance. 914-12.012 Infiltration basins. 914-12.002 Detention basins - Where permitted. Detention basins may be utilized only if they are approved by the public works department and contain at least fifteen acre-feet of storage capacity to provide regional flow mitigation benefits, except that smaller detention basins may be permitted where it can be shown to the satisfaction of the public works department that the develop- ment of a regional basin is not practical and that a smaller detention basin can be permanently operated and maintained by a public entity in a cost-effective manner. (Ords. 897 , 78-5) . 914-12.004 Detention basins - Capacity. Detention basins shall be sized to provide the desired reduction in peak channel flows and to store with freeboard the design average recurrence interval runoff. Detention basins shall also be sized to contain without freeboard a 100-year average recurrence interval runoff, unless it can be shown that a 100-year average recurrence interval runoff can be safely passed through the detention basin without damage to the detention basin or any other property. (Ord. 89- ) . 914-12.006 Detention basins - Design standards. (a) The design of a detention basin shall comply with the requirements of the State of California, Division of Dam Safety. (b) Detention basin side slopes shall be determined by a licensed soil engineer and presented in a soil report and in no case shall the side slopes of non-natural slopes be steeper than four horizontal to one vertical. (c) Detention basins and their appurtenant facilities shall conform with current design standards of the public works depart- ment . (Ord. 89- ) . 914-12.008 Detention basins - Joint use. A detention basin facility shall be used for no purpose other than drainage or flood control without the written approval of the public works depart- ment and the execution of a joint use agreement in a form approved by the county counsel. (Ord . 89- ) . 914-12.010 Detention basins - Maintenance. The subdivider shall insure the maintenance of a detention basin facility through either an existing public maintenance entity or by the creation of a public maintenance entity. The entity shall have an adequate revenue source to assure perpetual maintenance. (Ord. 89- ) . 914-12.012 Infiltration basins. Infiltration basins shall not be permitted. Ord. 9- Chapter 914-14 RIGHTS OF WAY AND SETBACKS Sections : 914-14 .002. Easements - General requirements. 914-14.004 Closed conduits - Minimum widths of easements. 914-14.006 Open channels - Minimum widths of easements. 914-14 .008 Ingress easements. 914-14 .010 Structures and encroachments within easements. ORDINANCE NO. 89- (p. 9) 914-14.012 Structure setback lines for unimproved earth channels. 914-14 .014 Structures and encroachments within structure set- back areas. 914-14 .016 Rights of way for levees and detention basins. 914-14.018 Joint use of rights of way. 914-14 .020 Private drainage systems. 914-14.002 Easements - General requirements. Easements shall provide sufficient land rights for construction, maintenance and operation of drainage and access facilities. Easement widths shall be rounded up to the nearest foot. Easements shall not be divided longitudinally by lot lines . All easements shall be pro- vided with access to a public way, which access shall be usable by vehicular maintenance equipment. Where trees within an easement area are to remain, adequate additional easement width shall be provided . (Ords. 89- , 85-40 § 3, 78-5. ) 914-14.004 Closed conduits - Minimum widths of easements. Minimum widths of 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. If an easement is dedicated or granted to provide for the future construction of a closed conduit, the easement width shall include an additional twenty-five feet for construction purposes. (Ords. 89- , 85-40 § 39 78-5) . 914-14.006 Open channels - Minimum widths of easements. (a) For lined channels having a top width less than three feet, the minimum widths of easements shall be ten feet. For excavated earth channels and channels having a top width of three feet or greater that are lined with concrete or other materials, the mini- mum widths of easements shall contain the full outside top width of channel, including lining and the following additional widths: ( 1 ) Earth and rock lined channels Channel Top Width (Feet) Additional Width (Feet) 0-10 6 one side, 12 other side 11-30 6 one side, 15 other side 31-40 6 one side, 18 other side 41-50 6 one side, 21 other side 51-60 15 each side 61-70 18 each side 71 and above 21 each side (2) Concrete lined channels Channel Top Width (Feet) Additional Width (Feet) 3-10 3 one side, 10 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 (Ords. 89- , 85-40 § 4 , 78-5) . 914-14.008 Ingress easements. Where a channel or conduit does not have direct access to a public way, an ingress easement shall be provided. Ingress shall be provided within five hundred feet of the upstream and downstream ends of the channel or conduit and shall be spaced no more than 1500 feet apart. The minimum width of the ingress easement shall be twelve feet. Minimum radius of centerline of such easements shall be forty feet. ORDINANCE NO. 89- (p. 10) Ingress easements shall be graded in such a manner so as to be usable by vehicular maintenance equipment, but they need not be surfaced. (Ords. 89- , 85-40 § 49 78-5) . 914-14 .010 Structures and encroachments within easements. No permanent structures of any kind other than drainage structures may be constructed within or over any easement described in this chapter. Encroachments such as filled slopes , retaining walls, fencing and landscaping shall not be permitted. Public utilities may be installed within easements upon approval by the public works department. (Ords. 89- , 85-40 § 4, 78-5) . 914-14.012 Structure setback lines for unimproved earth channels. 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 set- back line shall be shown on the final map 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 set- back with a note describing the method used to determine the top of bank, selected from those set forth herein. The development rights for that portion of the lot on the creek side of the set- back line , which is defined as the "structure setback area," shall be offered for dedication to Contra Costa County by separate instrument. (b) "Top of bank" means the point where the water surface plus sufficient freeboard for the design average recurrence inter- val runoff intersects the existing ground , or the point where a line with a slope of 2.5 horizontal to 1 vertical extending from the toe of the channel intersects the existing ground, whichever point is the greatest vertical distance above the channel invert. A separate top of bank shall be determined for each side of the channel. (c) The structure setback line for unimproved channels shall be determined by measuring the following horizontal distance away from the top of bank on each side of the watercourse: Height of top of bank Horizontal distance between above channel invert top of bank and setback line less than 20' 30 ' 20' - 29.99 ' 35 ' 30' - 39 .99 ' 40' 40 ' - 49.99 ' 45 ' 50' and greater 50 ' (d) Where significant riparian vegetation exists beyond the limits required above, the advisory agency may extend the setback line to include such areas. (Ords. 89- , 85-40 § 6 , 78-5) . 914-14 .014 Structures and encroachments within structure setback 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. The structure setback line shall be verified prior to the issuance of a building permit. (Ords. 89- , 85-40 H 8 , 9 . ) 914-14 .016 Rights of way for levees and detention basins. All levees and detention basins shall be completely contained within a fee title land right held by, or dedicated to, Contra Costa County or other public agency. The right of way conveyed to the county or other public agency shall include adequate access and maintenance areas, as determined by the public works depart- ment. (Ords . 89- , 78-5) . 914-14 .018 Joint use of rights of way. The joint use of rights of way held by Contra Costa County or other designated public agency is not permitted without the written approval of the public works department and the execution of a joint use agreement in a form approved by the county counsel. (Ord. 89- ) . ORDINANCE NO. 89- (p. 11 ) 914-14 .020 Private drainage systems. Slope intercept ditches, yard drains and other similar drainage systems are con- sidered private systems and land rights for such systems shall not be offered or granted to Contra Costa County. The subdivider or property owner shall be responsible for the maintenance of such private systems. (Ord. 89- ) . Chapter 914-16 MISCELLANEOUS Sections: 914-16 .002 Subdrainage - Where required. 914-16 .002 Subdrainage - Where required. Subdrain facilities shall be provided where specified by the soil engineer controlling the work and other areas where deemed necessary by the county to prevent sliding or settlement of the earth surface. Facilities will be required to convey the subdrainage to an approved point of discharge. The subdivider or property owner shall be responsible for the maintenance of subdrain facilities. (Ords. 89- , 78-5) . SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and within 15 days after passage shall be published once with the names of the supervisors voting for and against it in the , a newspaper published in this County. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: Deputy Board Chair [SEAL] DFS:tb (3-17-89) ORDINANCE NO. 89- (p. 12) ORDINANCE NO. 89- (Drainage Facilities Permits and Regulations) THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ORDAINS as follows (omitting the parenthetical footnotes from the official text as enacted or amended provisions of the County Ordinance Code) : SECTION I. SUMMARY. This ordinance amends the Contra Costa County Ordinance Code to revise its regulations on drainage area encroachments and permit requirements to use such areas. SECTION II. Division 1010 of the County Ordinance Code is repealed, amended and re-enacted to provide drainage area regulation and control. DIVISION 1010 DRAINAGE CHAPTER 1010-2 GENERAL PROVISIONS 1010-2.002 Purpose. This division is adopted to provide for the implementation of drainage, recreation and riparian vegetation provisions of the general plan, protect watercourse riparian vegetation, permit control of projects that may change the hydraulic characteristics of watercourses and drainage facilities, control erosion and sedimentation, prevent the placement or discharge of polluting matter into watercourses, and require adequate watercourse drainage facilities. (Ord. 89- . ) 1010-2 .004 Findings and nuisance. (a) Findings . The Board finds and declares that the unregulated obstruction, modification and use of watercourses creates conditions tending to reduce the value of private property, to promote blight and deterioration of property, to cause flooding and drainage losses, and to be injurious to the public health, safety and general welfare. (b) Nuisance. Violations of this division and the resulting watercourse conditions constitute public nuisances which may be abated as such in accordance with the provisions of this division and code. (Ord. 89- Govt. C. S 25845 . ) 1010-2 . 006 Prohibited activities. No person, firm, corporation, municipality, or public district shall allow on its property or commit or cause to be committed any of the acts hereinafter described, unless a written permit has first been obtained from the enforcing officer or his duly appointed representative: (1) Impair or impede the natural flow of storm waters, or other water running in a defined channel, natural or man-made, or allow on its property or cause or permit the obstruction of such channel; (2) Deposit any material in such channel; (3) Excavate, grade or otherwise alter the surface of land so as to reduce the capacity of such channel; (4) Destroy or significantly alter riparian or bank- stabilizing vegetation, including without limitation cutting, clearing, grubbing, burning, removing, excavating or grading, except as is necessary to maintain the hydraulic capacity of the watercourse; ORDINANCE NO. 89- 1 (5) Plant any shrub, vine or tree within a riparian corridor; (6 ) Construct, alter, or repair any storm water drainage structure, facility, or channel; (7) Commit any act, within any easement dedicated for drainage purposes, that will impair the use of such easement for such purposes; (8) Install or construct any new non-drainage structures, improvements thereto or expansion thereof including, but not limited to, buildings, swimming pools, patios, paving, fences, poles, and similar improvements, within watercourses . (Ord. 89- prior. code § 7600: Ord. 1447 . ) 1010-2.008 Emergencv work authorization. This division shall not prevent any person or the enforcing officer from performing emergency maintenance or work within, on, over, under, ' or through any watercourse, channel, ditch, conduit, or natural drainageway, as necessary and proper for the preservation of life or property when an urgent necessity arises. The person performing the emergency work shall notify the enforcing officer within the next working day, and apply for a written permit within five calendar days of the beginning of work. (Ord. 89- : prior code § 1010-2.006: Ord. 72-90: prior code § 7602: Ord. 1447 . ) If 1010-2.010 Fees. The fees for permits for the performance of acts or works under this division and appeals shall be those recommended by the enforcing officer and established and adopted by the board of supervisors from time to time by ordinance. No fee shall be required for municipalities or public districts . (Ord. 89- prior code § 1010-4 .022: Ord. 72-90: prior code § 7630: Ord. 1447 . ) 1010-2 . 012 Administration. The public works department is charged with the responsibility for the administration of the provisions of this division. Pursuant to this code, the public works director may appoint or delegate authority to qualified persons or deputies for the purpose of the administration of this division. (Ord. 89- prior code § 7605: Ord. 1447 : § 4-2.202. ) 1010-2.014 Stop work orders. Whenever any watercourse work or related activity is being done contrary to this division, the enforcing officer may order the work or activity stopped by notice in writing served on any persons engaged in the doing or causing of the work or activity; and these persons shall stop immediately until authorized by valid permit or the enforcing officer to proceed with the work or activity. (Ord. 89- . ) CHAPTER 1010-4 APPEALS 1010-4 . 002 Zoning administrator. Any person aggrieved by the refusal or the terms of a permit required by this division may appeal to the zoning administrator. Administration of this chapter is referred to the zoning administrator and planning agency to review appeal applications pursuant to and otherwise regulated by the land use permit procedural provisions of Chapter 26-2. (Ord. 89- prior code § 1010-2.008: Ord. 72-90: prior code § 7603: Ord. 1447 . ) 1010-4 . 004 Exceptions. If, in following the procedural provisions of Chapter 26-2, the zoning administrator is satisfied ' that all of the following are true, the permit shall be granted: (1 ) That there are unusual circumstances or conditions :affecting the property; (2) That the applicant will be substantially damaged by the refusal to grant the permit; ORDINANCE NO. 89- 2 J (3) That the exception is necessary for the preservation and enjoyment of a substantial property right of the applicant or necessary for the proper design and function of some permitted or existing activity on the property; (4 ) That no other reasonable method of obtaining the desired results is available except as proposed by the applicant; (5) That the granting of the permit will not be materially detrimental to the public interest, safety, health, and welfare, or injurious to other property. (6) That the granting of the exception will not unreasonably reduce or adversely impact the riparian corridor, and there is no feasible, less environmentally damaging, alternative; and (7 ) That the granting of the exception will not adversely affect the purposes of this division and the policy and goals of the general plan. (Ord. 89- prior code 5 1010-2.010: Ord. 72-90: prior code § 7604: Ord. 1447 . ) CHAPTER 1010-6 DEFINITIONS 1010-6 .002 Generally. Unless otherwise specifically provided, or required by the context, the following terms have the meanings set forth in this chapter for the purposes of this division. (Ord. 89- . ) 1010-6 .004 Defined channels. "Defined channels, " natural or man-made, means any of the following: (1) Intermittent stream. Any watercourse which has been verified by field investigation to: (a) Have a significant waterflow 30 days after the last significant storm; or (b) Have a well-defined channel; or (c) Be a watercourse designated by a broken line symbol on the largest scale USGS Map most recently published. (2) Perennial stream. Any watercourse which is either: (a) A watercourse which has been verified by field investigation as a stream which normally flows throughout the year; or (b) a watercourse designated by a solid line symbol on the largest scale USGS Map most recently published. (Ord. 89- . ) 1010-6 .006 Drainage easement. "Drainage easement" means an easement provided for the installation, preservation or maintenance of drainage facilities, including conduits or channels. (Ord. 89- . ) 1010-6 . 008 Emergency. "Emergency" means a sudden unexpected occurrence which presents a clear and imminent danger to life, health, property, or essential public services which requires immediate action to mitigate. (Ord. 89- . ) 1010-6 .010 Enforcing Officer. "Enforcing officer" means the public works director. (Ord. 89- . ) 1010-6 . 012 Erosion. "Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice or gravity. (Ord. 89- . ) 1010-6 . 014 Improved channel. "Improved channel" means a watercourse which has been modified through man-made construction ORDINANCE NO. 89- 3 including (but not limited to) increasing the width and/or depth of it, straightening its alignment, or stabilizing the banks of it through grading, concrete, riprap or other means . (Ord. 89- . ) 1010-6 .016 Riparian corridor. "Riparian corridor" means an area of watercourse riparian vegetation which may be identified through field investigations. The boundary shall be defined as the outer limit of the occurrence of riparian vegetation. (Ord. 89- . ) 1010-6 .018 Riparian vegetation. "Riparian vegetation" means vegetation associated with the banks, edges, or terrestrial limits of watercourses requiring or tolerating soil moisture levels in excess of that available in adjacent uplands. (Ord. 89- . ) 1010-6 .020 Runoff. "Runoff" means the surface water flow or rate of flow following precipitation. (Ord. 89- . ) 1010-6 .022 Sedimentation. "Sedimentation" means the process by which mineral or organic matter is removed from its site of origin, transported, ,and deposited by water, wind, or gravity. (Ord. 89- . ) 1010-6 .024 Structure setback area. "Structure setback area" is as provided for in Chapter 914-14 . (Ord. 89- . ) 1010-6 . 026 Unimproved channel. "Unimproved channel" means a watercourse which has been left as much as possible in its natural state. (Ord. 89- . ) 1010-6 .028 Watercourse. "Watercourse" means any natural or man-made channel for transporting water, including the stream bed and the banks, whether continuously flowing or intermittent. (Ord. 89- . ) CHAPTER 1010-8 PERMITS 1010-8. 002 Issuance. The written permits required by this division shall be issued by the enforcing officer for any lawful use, subject to conditions set forth in this division, the permit and as required by law. The terms of the permit shall require the property owner and permittee to be responsible for all work done and to hold harmless and defend the county, district and their officers, employees and agents against any damage claims. The issuance of a permit shall in no manner whatsoever imply or impute a responsibility or liability to the county, the Contra Costa County Flood Control and Water Conservation District, or their officers, employees or agents, for injuries resulting from any act or condition regulated by this division. (Ord. 89- prior code S 1010-4. 002: Ord. 72-90: prior code S 7620: Ord. 1447 . ) 1010-8.004 Application form. (1) The enforcing officer shall prescribe and provide a standard form of application for a permit required by this division and such application, when duly executed and signed by the enforcing officer, shall become the permit. (2) The application form shall state the property owner's and permittee's name, if different, together with such details as in the opinion of the enforcing officer are necessary to establish the purpose of the act or work to be performed, the location, dimensions, estimated total cost, and the dates for commencement and for completion of the act or work, except that at the enforcing officer's discretion a completion date may be specified. (3 ) To be complete, the application shall be executed by the property owner or the owner's duly appointed agent, be ORDINANCE NO. 89- 4 accompanied with the required fee or fees, and deposited with the enforcing officer. (Ord. 89- : prior code § 1010-4.004: Ord. 72-90: prior code § 7621: Ord. 1447 . ) 1010-8.006 Exhibits and conditions . The applicant shall enclose with, include, attach, or add to the application for a permit a map, plat, sketch, diagram, or similar exhibit of a size and in such quantity as the enforcing officer may prescribe, on which exhibit shall be plainly shown any and all information of a technical or engineering nature necessary to locate, delineate, illustrate, identify, justify, and substantiate the proposed act or work, and the right and necessity of the applicant to perform the act or work. The enforcing officer may require to be submitted such soil investigation, tests of materials, environmental documents, engineering plans and investigations, technical reports and other permits, as the officer deems necessary and proper. If necessary, changes, corrections, and notes may be made on any such exhibit and/or conditions inserted on the permit and these items shall become an integral part of the permit when attested to by the enforcing officer. (Ord. 89- prior code § 1010-4.006: Ord. 72-90: prior code § 7622: Ord. 1447 . ) 1010-8.008 Consent of persons affected. The applicant shall enclose with, attach, or add to the application for a permit the written consent and waiver of liability given by any and all persons or bodies politic having jurisdiction or any interest in the property where work is to be performed, who of themselves or their property would be affected in any manner by the acts or works to be performed. The granting of a permit pursuant to this division shall not be construed as permission or license to enter on, occupy or otherwise utilize private or non-county property without the expressed consent of the owner or agent in possession thereof . (Ord. 89- prior code § 1010-4 .008: Ord. 72-90: prior code § 7623: Ord. 1447 . ) 1010-8 . 010 Types of permits. Written permits required by this division shall be one of the following types, depending on the decision of the enforcing officer: (1) "Regular permits" to do work under the provisions of this division shall be issued for the performance of those acts or works permitted by this division. (2) "Conditional permits" shall be issued when such conditions or circumstances exist or will foreseeably occur which could in any manner be adverse to the performance of the acts or works or be adverse to the purpose for which the acts or works are to be performed. Such conditions or circumstances shall be specifically set forth upon the application for permit or shall be attached thereto and shall be considered incorporated in the permit. (3) "Emergency permits" shall be issued for reasons necessitating emergency action as set out in Section 1010-2.008. (Ord. 89- prior code 1010-4.010: Ord. 72-90: prior code § 7624: Ord. 1447 . ) 1010-8.012 Term and beginning work. The permittee shall begin the act or work authorized by a permit issued pursuant to this division within thirty calendar days from date of issuance, unless another date is specifically indicated in the permit. The permittee shall notify the enforcing officer at least two working days prior to beginning work. Should the act or work not be commenced on or before the date indicated in the permit, the permit shall become void unless, prior to the date of expiration, the permittee presents good and sufficient reason for an extension of time and the date is extended by the enforcing officer in writing. A permit which has become void by reason of noncommencement of work prior to the stipulated date may be renewed at the discretion of the enforcing officer and upon ORDINANCE NO. 89- 5 \ I payment of a renewal fee as provided for in the schedule of fees adopted by the board of supervisors. (Ord. 89- prior code 1010-4 .012: Ord. 72-90: prior code S 7625: Ord. 1447 . ) 1010-8.014 Completion and inspection. The permittee shall complete the act or work authorized by a permit issued pursuant to this division within the time and before the date stipulated in the permit. The permittee shall notify the enforcing officer in writing upon completion of any act or work, and no work shall be deemed to have been completed until such written notification has been received and a final inspection of the work has been made by a representative of the enforcing officer, unless such inspection is waived in writing by the enforcing officer. No permittee shall be deemed to have complied with this division until such inspection has been performed and the enforcing officer is satisfied that everything required to be done has been completed. Acknowledgment of completion of any work or act performed without the prior permission of the enforcing officer may be issued, noting that such work or action was performed without prior permit or inspection. (Ord. 89- prior code S 1010-4 .014: Ord. 72-90: prior code S 7626 : Ord. 1447. ) 1010-8 . 016 Performance security. Prior to the issuance of a permit the applicant shall deposit with the enforcing officer cash or check for payment to the county treasurer in an amount deemed adequate by the enforcing officer but not exceeding the estimated total cost, including all labor and materials, of the work to be performed; except that such deposit may be waived by the enforcing officer. In lieu of a cash deposit, the applicant may file an approved surety bond issued by a company or corporation authorized to engage in general surety business in the state of California or an acceptable instrument of credit meeting subdivision security standards. The conditions of any cash deposit or surety bond made pursuant to this section shall be that the permittee will diligently and in good faith comply with all provisions of this division, with all terms and conditions contained in the issued permit, and will pursue the work to completion without undue delay except for reasonable cause. Upon satisfactory and acceptable completion of the work as set forth in Section 1010-8. 014, the cash deposit shall be refunded to the permittee, the permittee shall be exonerated from the surety bond or the instrument of credit released by the enforcing officer in writing upon the expiration of ninety days. The enforcing officer shall not be responsible to ascertain whether there exist unsatisfied liens against the premises upon which the work was performed. (Ord. 89- prior code 1010-6 .002: Ord. 72-90: prior code S 7631: Ord. 1447 . ) 1010-8. 018 Liability insurance. In addition to the other requirements of this division, satisfactory proof by certificate of insurance is required that the permittee has in force a valid public liability insurance policy which includes the county, the Contra Costa County Flood Control and Water Conservation District, their officers, employees and agents as additional insureds . Unless such insurance coverage is waived by the enforcing officer, it shall be in an amount the officer deems sufficient to adequately protect the additional insureds from liability for damages to person(B) or property(s) arising from the activities related to the permit. (Ord. 89- . ) 1010-8 . 020 Chancres . No changes shall be made in the location, dimensions, materials, or character of the work authorized in a permit, except upon written authorization to do so by the enforcing officer. (Ord. 89- : prior code § 1010-4 .018: Ord. 72-90: prior code S 7628: Ord. 1447 . ) ORDINANCE NO. 89- 6 1010-8. 022 Nontransferable. A permit issued pursuant to this division shall not be transferable by, for, or on behalf of the permittee, his or her heirs, assigns, or successors. (Ord. 89- prior code S 1010-4.020: Ord. 72-90: prior code S 7629: Ord. 1447 . ) 1010-8. 024 Unsatisfactory permit work. If the enforcing officer determines that the performance of the work described in a permit is unsatisfactory or unacceptable, or both, the permittee shall reconstruct the work to the satisfaction of the enforcing officer. t If the enforcing officer determines that delay in pursuit or completion of the act or work is due to lack of diligence or willful act on the part of the permittee, or that the work is unsatisfactory or unacceptable, or both, if essential to the health, safety, or welfare of the public, the enforcing officer may request the board of supervisors for authorization to perform or contract with any licensed general contractor to complete, erect, install, reconstruct, or alter all structures or work in conformance with the permit, or to remove all structures and obliterate all work not completed. The costs (including administrative and overhead expenses) incurred thereby shall be repaid to the county from the cash, instrument of credit or surety bond deposited by the permittee with the county for the performance of the work; provided that any and all costs incurred by the county which exceed the cash deposit, instrument of credit or surety bond's penalty sum shall be paid by the permittee to the county. (Ord. 89- 85-13 5 2: prior code S 7627: Ord. 1447 . ) CHAPTER 1010-10 NUISANCE ABATEMENT ARTICLE 1010-10.2 NOTICE 1010-10. 202 Abatement. The enforcing officer may have nuisances abated and/or removed in accordance with the procedure prescribed in this division. (Ord. 89- . ) 1010-10. 204 Notice. In the event of a violation of this division constituting a public nuisance, and in addition to other remedies and penalties provided in this code, the enforcing officer may deliver or mail, by registered or certified mail, to the owner of the property on which the violation occurred (or is occurring) and to any involved permittee, a ten-day notice of intention to abate the nuisance unless the owner does so within ten days after the notice is received. Notice shall be provided at the address of the owner as it appears on the last equalized assessment roll. (Ord. 89- Govt. C. S 25845. ) 1010-10.206 Content. The notice shall contain: (1) A statement of the nature of the nuisance; (2) That the owner and any involved permittee must abate the nuisance within ten days or, if they fail to do so, the nuisance may be abated by the enforcing officer and the owner and any involved permittee shall be liable to the county for the costs thereof. (3) An estimate of the cost of abatement (including overhead and administrative costs) . (4) A statement that this cost may be levied as a special assessment on the owner's land. (5) A statement of the property owner and any involved permittee's hearing rights and notice to them that they may appear in person at a hearing or by sworn written statement in lieu of appearing. (Ord. 89- . ) ORDINANCE NO. 89- 7 ARTICLE 1010-10.4 HEARINGS AND APPEALS 1010-10.402 Hearing requests. (a) Request. Within ten days after the mailing, delivery and receipt date(s) , whichever is later, of the notice of intention to abate and remove, the property owner or possessor of the property and any involved permittee may request the zoning administrator for a public hearing on the question of abatement and the estimated cost thereof. (b) Notice. The zoning administrator shall immediately notify the enforcing officer of any such request. (Ord. 89- . ) 1010-10.404 No hearing. If no request for hearing is received within the ten-day period, the enforcing officer or any person the enforcing officer authorizes may abate the nuisance. Thereafter, the costs of abatement shall be collected pursuant to Article 1010-10.8. (Ord. 89- . ) 1010-10.406 Hearing notice. When a hearing is requested, the zoning administrator shall mail notice of the hearing at least ten calendar days before the hearing date, to the enforcing officer, the property owner, any known possessor of the property, and any involved permittee. (Ord. 89- . ) 1010-10.408 Hearings . All hearings under this division shall be held before the zoning administrator who shall receive all evidence the zoning administrator deems material, including the condition of the property, the circumstances of the nuisance and the location and the estimated cost of the abatement. The zoning administrator shall not be limited by the technical rules of evidence. The property owner, any known possessor of the property or involved permittee may appear in person or present a sworn written statement, in time for consideration at the hearing. (Ord. 89- . ) 1010-10 .410 Decisions . The zoning administrator may impose such conditions and take such other action as the zoning administrator deems appropriate under the circumstances to carry out the purpose of this division. The zoning administrator may delay the time for removal of the nuisance if, in the zoning administrator's opinion, the circumstances justify it. At the conclusion of the public hearing, if the zoning administrator finds that there is a nuisance, the zoning administrator may order it abated and/or removed as a public nuisance as hereinafter provided and determine the cost of abatement to be charged against the landowner. The order requiring abatement shall include a description of the nuisance. (Ord. 89- . ) 1010-10.412 Notice of decision. If an interested party makes a written presentation to the zoning administrator but does not appear, such interested party shall be notified in writing of the decision. (Ord. 89- . ) 1010-10.414 _Appeals. (a) The enforcing officer, the property owner, any known possessor of the parcel, or any involved permittee may appeal the zoning administrator's decision by filing with the zoning administrator a written notice of appeal, accompanied with any required fee, within ten calendar days after the zoning administrator's decision. The zoning administrator shall promptly transmit the proceedings to the board of supervisors . (b) The board's clerk shall promptly give written notice of the time and place of the hearing to the appellant and those persons specified in Section 1010-10.406 . ORDINANCE NO. 89- 8 (c) The board shall promptly hear such appeal, and may affirm, amend, or reverse the order, or take other action it deems appropriate. It shall not be limited by the technical rules of evidence. (Ord. 89- . ) ARTICLE 1010-10.6 FINAL ABATEMENT ACTION 1010-10.602 Action. This division's nuisances may be abated when: (1) Releases authorizing abatement and property cost collection, have been signed by the involved property's owner(s) ; or (2) There is no reply to the notice of intent to abate by the end of the ten-day waiting period; or (3) The zoning administrator decides the nuisance is .to be abated and no appeal is made to the board; or (4) After an appeal has been decided in favor of abatement. (Ord. 89- . ) 1010-10. 604 Cost record. The enforcing officer shall prepare an itemized written account of all expenses, including administration and overhead, incurred to abate the nuisance where it is proposed to collect costs pursuant to Article 1010-10 . 8. Until such report is completed, no abatement costs (including administration) will be placed as a special assessment against the parcel of land. (Ord. 89- . ) ARTICLE 1010-10 . 8 COST COLLECTION 1010-10.802 Collection. If the abatement cost (overhead, administrative and removal costs) which is charged against the owner of a parcel of land pursuant to Sections 1010-10.404, 1010- 10 .410 and 1010-10.414 is not paid within thirty days after the completed abatement, the date of the order or the .final disposition of an appeal therefrom, such cost shall be, and is assessed as a special assessment against the parcel of land pursuant to Government Code section 25845, which shall be transmitted to the auditor-controller for collection with the same priority as other county taxes and to the office of the county recorder for recordation. (Ord. 89- . ) 1010-10.804 Assessment notice abatement line. The enforcing officer shall file with the auditor-controller and county recorder a certificate substantially in the following form: "NOTICE OF ASSESSMENT AND ABATEMENT LIEN (Watercourse Nuisance Abatement Cost) Pursuant to Government Code 525845 and Ordinance Code 61010- 10.802, Contra Costa County abated a nuisance on the parcel of real property described below, of which the named person(s) is the owner shown on the last equalized assessment roll or Possessor, and fixed the below-shown amount as the cost thereof and hereby claims a special assessment and abatement lien against said parcel for this amount. 1 . OWNER(S) OR POSSESSOR(S) : . . . . . . . . . . . . . . . . . . . . . . . . . 2. LAST KNOWN ADDRESSES OF OWNER(S) OR POSSESSOR(S) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. DATE ABATEMENT ORDERED: . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . DATE ABATEMENT COMPLETE: . . . . . . . . . . . . . . . . . . . . . . . . . . ORDINANCE NO. 89- 9 5. PARCEL: Real property in Contra Costa County, California; County Assessor's parcel #: . . . . . . . . . . . . . . . . . . . . . [other description where needed] : . . . . . . . . 6 . AMOUNT OF ABATEMENT (ASSESSMENT) COST: $ . . . . . . . . . Dated: . . . . . . . . . . . . . . . . . Contra Costa County B • . . (Enforcing Officer) " (Ord. 89- . ) 1010-10.806 Release and subordination. An abatement lien created under this division may be released or subordinated by the enforcing officer in the same manner as a judgment lien on real property may be released or subordinated. (Ord. 89- Govt. C. S 25845. ) SECTION III. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage and within 15 days after passage shall be published once, with the names of the supervisors voting for and against it, in the , a newspaper published in this County. PASSED on , 1989, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair [SEAL] DFS:tb (2-16-89 ) ORDINANCE NO. 89- 10 ATTACHMENT C ORDINANCE NO. 89- (Lot Plottage) THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS ORDAINS as follows (omitting the parenthetical footnotes from the official text as enacted or amended provisions of the County Ordinance Code) : SECTION I . SUMMARY. This ordinance amends the Contra Costa County Ordinance Code to provide that lot plottage does not include areas encumbered by easements or offers of dedication for public drainage purposes. SECTION II . Section 82-4 .244 of the County Ordinance Code is amended to read: 82-4 . 244 Lot — Definition, dimensions , area. (a) Defined. "Lot" means a piece, parcel, tract, or division of land, including one delineated or described as a single integral unit on a subdivision map, and two or more considered as one pursuant to Section 82-10 . 002(c) . (b) Lawful Lot. To qualify as a building site, a lot shall have the minimum dimensions required therefor by Division 82 and 84 for the district where it is situated. (c) Right-of-Way Excluded. No part, nor all, of a lot within a public road, street, highway, right-of-way, or easement, for vehicles or pedestrians, existing or proposed, shall be used to satisfy minimum area, yard, -dimensional or coverage requirements . (d) Drainage Easement Excluded. No part, nor all, of a lot within a public drainage or flood control easement or right-of-way, or within an area offered for dedication to a public entity or the public for drainage or flood control purposes, shall be used to satisfy minimum area, yard, dimensional or coverage requirements . (Ords . 89- § 2, 79-69 § 1, 71-99 § 3, 1469 : prior code § 8102(o) : Ords. 939, 933 § 2, 382 § 2[14] : see §§ 92-4 . 046, 92-4 . 062 ) . SECTION III . EFFECTIVE DATE. This ordinance 1,rscr)r-tcs effective 30 days after passage, and within 15 days after passage shall be published once with the names of the supervisors voting for and against it in the , a newspaper published in this county. PASSED ON by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: Deputy Board Chair [SEAL] DFS:da:tb ORDINANCE 89- ATTACHMENT D CONTRA COSTA COUNTY STREAM INVENTORY I . PURPOSE The inventory is to utilize reasonably available data to identify the primary and secondary streams in the County. The inventory will docu- ment the type and extent to'major improvements along the channel and those areas remaining in a natural state. II . SIZE OF STREAMS TO BE INVENTORIED All streams which will be inventoried .for their watersheds within the County which have a drainage area of 1 sq. mile or greater, (standard County flood control definition) . III. PRODUCT The major product of this effort will be a map of 1" = 2,000' (USGS scale) which has the primary and secondary streams categorized in terms of whether the stream reaches are natural , partially modified, or sub- stantially modified. The inventory will focus on the major reaches of the streams and won't attempt to inventory drop structures or minor ripraping etc. The inventory will focus on reaches of stream of 1,000 feet in length or greater. The intent is to get an outline at the big countywide situation and not on site specific problems which need to be analyzed on a project by project basis. IV. METHODOLOGY 1. The County Public Works Department will do a file search and prepare generalized maps showing the location of major flood control im- provements throughout the County. That information shall be trans- ferred to a 1" = 2,000' base map based on the categories of natural , partially modified, or substantially modified. _ 2. The Community Development Department shall review the existing envi- ronmental data system vegetation maps (dated ) for riparian vegetation and shall review them in concert with the 1985 2,000' scale air photos the County has and in relationship to the maps identified in Item #1 above. Each segment of primary and secondary streams shall be categorized according to the data sources refer- enced above. V. USE OF THE INVENTORY The map will serve as a tool for reviewing public and private develop- ment projects in terms of habitat protection. For products abuting the watercourse on reaches designated natural or partially modified, the project sponsor shall be required to do a biotic analysis on the impact of the project on the watercourse. The map will be a tool in determining stream reaches with potential preservation values. It can be utilized as an informational tool for public preservation. JWC/jn jwc:stream