Contra Costa County Municipal Code Ch. 914-14 Rights-of-Way and Setbacks

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 provided 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. 89-28, 85-40 § 3, 78-5).

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. 89-28, 85-40 § 3, 78-5).

(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 minimum widths of easements shall contain the full outside top width of channel, including lining and the following additional widths:

(1) Earth-lined and Rock-lined Channels.

(2) Concrete-lined Channels.

(Ords. 89-28, 85-40 § 4, 78-5).

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 one thousand five hundred feet apart. The minimum width of the ingress easement shall be twelve feet. Minimum radius of centerline of such easements shall be forty feet. 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. 89-28, 85-40 § 4, 78-5).

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. 89-28, 8540 § 4, 78-5).

(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 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 setback 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 setback 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 interval 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:

(d) Where significant riparian vegetation exists beyond the limits required above, the advisory agency may extend the setback line to include such areas.

(Ords. 89-28, 85-40 § 6, 78-5).

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. 89-28, 85-40 §§ 8, 9).

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 department.

(Ords. 89-28, 78-5).

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. 89-28).

Slope intercept ditches, yard drains and other similar drainage systems are considered 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. 89-28).