HomeMy WebLinkAboutAGENDA BACKUP 10-28-86
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Centr,- Contra Costa Sanitar. JJistrict
BOARD OF DIRECTORS
PAGE 1 OF86
POSITION
PAPER
BOARD MEETING OF
October 28, 1986
NO.
IV.
ENGINEERING
1
SUBJECT
DATE
October 24, 1986
APPROVE PROJ ECT AI.. TERNATIVE AND ADOPT FINDINGS
OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
FOR THE SAN RAMON VALLEY SEWER IMPROVEMENT
PROJECT, DISTRICT PROJECT 4224
TYPE OF ACTION
ADOPT FINDINGS
AND RESOLUTIONS
S~UMr!tTfg~. Swanson
Principal Engineer
\bIITI,6.TING D~PT.!D~. tm t
cnglneerlng uepar en
Engineering Division
ISSUE: In accordance with the California Environmental Quality Act (CEQA) and the
District Code, it is appropriate for the Board of Directors to approve the project
alternative and adopt findings of fact and a statement of overriding
consi derati ons for the San Ramon Vall ey Sewer Improvement Proj ect.
BACKGROOND: The existing trunk sewer serving the San Ramon Valley is nearing
capacity as a resul t of commerc1 al and resi denti al grQlith, as well as i ncreasi ng
infiltration during wet weather. The District initiated planning studies in 1984
for a new trunk sewer to supplement the existing sewer which varies in size fran
15 to 36 inches. The principal objectives of the studies were to determine the
alignment and size of a new trunk sewer. The results of the studies have been
reviewed with the Board on several occasions, the most recent being October 16,
1986. Based on direction fran the Board at the October 16 meeting, District staff
recommends that a new trunk sewer, rangi ng in size fran 54 to 60 inches, be
constructed along the former Southern Pacific Rail road ri ght-of-way fran Larw in
Pump Station in San Ramon to north of Rudgear Road in Walnut Creek to connect with
the Walnut Creek Bypass Sewer. This is the naninal size of the sewer; actual
sizes w ill be determined duri ng the desi gn phase of the proj ect. The trunk sewer
will be sized according to new wet weather infiltration criteria developed as part
of the Di stri ct 1986 Coll ecti on System Master Pl an and a proj ected ul timate
population of 142,000 in the San Ramon Valley (GrQlith Scenario 4 in the EIR)' A
summary of the project alternative is listed in Attachment 1.
At the October 16 meeting, the Board certified the Final Environmental Impact
Report as legally adequate and provided direction to staff for the project
alternative and environmental impact mitigation measures to be implemented as part
of the proj ect. Before the proj ect can be constructed, the Board must take these
remaining two actions:
1. Approve the San Ramon Vall ey Sewer Improvement Proj ect al ternative.
2. Adopt findings of fact and statement of overriding considerations for the San
Ramon Valley Sewer Improvement Project alternative.
Fi ndi ngs of fact and a statement of overri di ng consi derati ons have
in accordance with the direction of the Board (Attachment 2).
approving the project alternative is attached for the Board's
(Attachment 3) .
been prepared
A resolution
consi derati on
1302/1.9/85
cws
JMK
RAB
JLH
INI IA~GbT.!DIV.
~MK
M>
SUBJECT
APPROVE PROJ ECT Pi.. TERNATIVE JlND ADOPT FINDINGS
OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS
FOR lHE SAN RA~N VALLEY SEWER IMPROVEMENT
PROJ ECT, DISTRICT PROJ ECT 4224
POSITION PAPER
PAGE 2
OF 86
DATE
October 24, 1986
RECOMMENDATION: Approve the proJ ect al ternative and adopt the findi ngs of fact
and statement of overriding consideration for the San Ramon Valley Sewer
Improvement Proj ect.
1.-..______..
13026-9/85
Central Contra Costa Sanitary District
October 24, 1986
FROM: ROBERT A. BAKER
TO:
VIA: ROOER J. DOLAN
SUBJECT: RESTORATION OF RECREATIONAL TRAIL AL(}.lG SAN RAMON VALLEY TRUNK
SEWER AI.. IGNMENT
At the October 16 meeting, the Board considered the issue of restoration
and upgrading of the recreational trail along the San Ramon Valley Trunk
Sewer alignment (Southern Pacific right-of-way>' FollCAo/ing the meeting,
based on discussions with Member Boneysteele and Bickford Hooper,
President of ROWTA, there was some confusion regarding the motion
approved by the Board, specifically the length of trail to be restored as
pa rt of the proj ect and the enti re cost of trail restorati on i ncl udi ng
the $200,000 pledge for future up~rading. Staff proposes to bring this
matter up for reconsideration at the November 6 Board meeting when there
will be ample time for discussion. The findings for the project to be
consi dered on October 28 will refl ect the actual moti on approved by the
Board on October 16. This motion provides the most conservative position
for approval of the EIR. Any changes made by the Board on November 6
would only increase District participation in trail restoration and
upgradi ng.
The Southern Pacific right-of-way was abandoned in the late 1970's and is
now bei ng purchased by Contra Costa County. The Di stri ct is purchasi ng
approximately 12 miles of sewer easement along the right-of-way from the
County. One of the long-term plans for this right-of-way is a
recreational trail. Although all 12 miles of right-Of-way is now used as
a trail, onl y 2.8 mil es between Las Trarnpas Road, A 1 arno, and Prospect
Avenue, Danville, is a formal trail. The 2.8 miles of formal trail was
constructed in part by EBfvlJD and is now maintained by East Bay Regional
Park Di stri ct. The formal trail consi sts mostly of an oil and gravel
road, approximately 12 feet wide, with barriers and bridges as needed.
The remaining 9.2 miles of informal trail consist of old railroad
ballast, a gravel service road related to the railroad, or in some cases,
just dirt. This 9.2 miles of trail is not maintained by any agency.
In devel opi ng al ternatives, staff has onl y consi dered trai 1 restorati on
or upgrading in Phases 1 and 2 of the trunk sewer project (Trails I, II,
and III on the attached map). Trail restorati on along Phase 3 of the
sewer <Trail IV) was not presented to the Board at this time because
this phase of the sewer will not be constructed for several years. Staff
feel s it woul d be more appropri ate to deal with the trail for Phase 3
shortly before construction. If a formal trail were to be installed
before construction of Phase 3 by some other agency, the District would
Board of Directors
Page 2
October 24, 1986
be obl igated to pay for restoration under the terms of the easement
agreement with Contra Costa County.
The District's standard procedure is to restore areas to pre-existing or
sl i ghtl Y better conditi ons after construct i on. The easement agreement
between the Di stri ct and Contra Costa County sti pul ates that the ground
surface be restored to its prior condition. At a minimum, the District
must restore the 2.8 mil es of oil and gravel trail i nsta 11 ed by EBtvUD in
1985 <Trail !). HC7tIever, for trail restorati on along the ranai ni ng
1 ength of the ri ght-of-way, the Boa rd shoul d consi der several factors.
The existing informal trail (Trails II, III and IV) consists primarily of
old railroad bed ballast. The ballast has been scattered as a result of
track ranoval operati ons. In many areas the ball ast has been ranoved or
is overgrC7tln with weeds. The size of the ballast rock makes walking or
running difficult. Replacing the informal trail with a new gravel trail,
let alone an oil and gravel trail, will represent upgrading over surface
conditions. HC7tIever, it may be in the District's benefit to consider a
gravel trail a replacement in kind. A gravel trail will facilitate
maintenance of the sewer and will avoid disagreements over CCCSD
obl igations.
Another consideration is future water main construction by EBtvUD along
portions of the right-of-way in late 1987 and 1989 (Trail II and portion
of Trail II!). Any trail restoration or upgrading by the District in
these areas will have to be ranoved and replaced by EBtvUD. Delaying
trail restoration until utility construction is complete, and
consolidating funds for restoration or upgrading is a more prudent use of
public funds. EBtvUD has indicated a willingness to consider a cost
shari ng a rrangement for trail restorati on. Contra Costa County has
indicated that delay of trail restoration makes sense. Staff will have
to discuss this issue with trail advocates to see if they are willing to
del ay trail constructi on in exchange for upgradi ng and w ill have to
negotiate an agreement with EBtvUD over cost sharing.
RAB/RJD/ls
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ATTAQ-lMENT 1
CENTRAL CONTRA COSTA SANITARY DISTRICT
SAN RAMON VALLEY SEWER IMPROVEMENT PROJECT
Introduction
Based on the various planning studies conducted during the past two
years, i ncl udi ng the proj ect EIR and the comments received on the EIR,
staff has developed a recommended proj ect to prov ide rel i abl e, long-term
collection of wastewater from the San Ramon Valley.
The San Ramon Vall ey Sewer Improvement Proj ect consi sts of the
installation of approximately ten miles of large diameter gravity trunk
sewer and two mil es of force mai n. The trunk sewer and force mai n will
be constructed from Larwin Pump Station north to a point near the
intersection of Danvflle Boulevard and Rudgear Road in southern Walnut
Creek. At the northern point, the proposed trunk sewer will connect with
both the existing 36-inch diameter trunk sewer that now serves the San
Ramon Vall ey and the proposed 60- inch di ameter downtONn Wal nut Creek
bypass sewer. As part of the San Ramon Vall ey Proj ect, a short
connecting sewer, approximately 70 feet, will be constructed between the
northern end of the Wal nut Creek Bypass sewer to the exi sti ng 60- inch
sewer near Ygnacio Valley Road. This connecting sewer will allow
temporary operation of the bypass sewer.
Sew er A 1 i anment
The recommended sewer al ignment is the Southern Pacific right-of-way for
the entire length of the project. This alignment will cause the least
disruption to traffic, commercial, and other activities in the valley
communities. The District entered into an agreement in December 1985
with Contra Costa County to purchase a 20-foot-wide surface easement and
a 12-foot-wide subsurface easement within the railroad right-of-way. The
cost for the San Ramon Valley portion of the sewer easements was
$2,959,000.
At the former railroad station site in Danvflle, the District does not
have the surface and subsurface easements that it has in the rest of the
right-of-way. The District does have the right to use an easement
acquired by Contra Costa County for transit and underground util ity
purposes in this 1,500-foot-long section. The County's easement is 30
feet wide. Di stri ct' s ri ghts woul d be second to the County's ri ghts in
this section, and the sewer would be under County's planned transit
system whether that be alight rail system or a dedicated busway. Staff
evaluated three alignment options around the former station site. Two of
the three had significantly higher construction costs and more impacts on
the commun i ty th an the County easement. The th i rd a 1 i gnment opt ion,
Railroad Avenue, has higher construction costs than the County easement.
The City of Danville prefers the Railroad Avenue alignment option and has
suggested ways to reduce the costs of constructing along this al ignment.
Staff will study the cost savi ngs suggested by the City of Danvill e.
Sel ecti on of the al ignment around the former rail road stati on w 11 1 be
made during project design based on lowest construction cost,
construction constraints, and minimizing community impacts.
Sewer Size
Staff proposes to design the sewer based on the ultimate buildout
population of the San Ramon Valley and the infl1tration/inflow criteria
developed as part of the Coll ecti on System Master Pl an prepared for the
District by Camp, Dresser & McKee. The design 1 ife of the sewer is 50
yea rs.
Four grOtlth scenarios are presented in the project EIR. The Board of
Directors previously decided to use grOtlth scenario No.4 for designing
the sewer. GrOtlth scenari 0 No. 4 assumes an ul timate popul ati on of
142,000 and development of the Dougherty Valley subarea of the San Ramon
Valley. Based on this population estimate, the gravity sewer will have a
nominal size of 54 inches in diameter from Norris Canyon Road to Sycamore
Valley Road. From Sycamore Valley Road north to Danv1l1e and Rudgear
Roads, the sewer w1l1 be 60 inches. The force main from Larwin Pump
Station to Norris Canyon Road w1l1 nominally be 16 inches in diameter.
Actual sizes of the gravity sewer and force main w1l1 be determined
during the design phase of the project. The actual sizes may vary up and
down a pipe size because of utility and other constraints.
Schedule
Because of the size of the project, the trunk sewer is pl anned for
construction in three phases. The first phase is a five-ml1e section
from La Serena Avenue in Alamo to St. James Court in Danville. The
second phase is approximately three mil es long from La Serena Avenue
north to a point near Rudgear Road where the sewer will connect with the
new Wal nut Creek downtown trunk sewer. The thi rd phase wll 1 extend four
mlles from St. James Court south to the Larwin Pump Station. The third
phase includes two miles of force main. The first phase of construction
will take care of the sections of existing sewer with the most severe
capacity probl ems.
Construction of the first phase sewer will be during 1987. The second
and third phases of the sewer are currently scheduled for 1988 and 1989.
The third phase is not needed as soon as the first and second phases.
Constructi on of Phase III may be deferred for two to three years if
effort must be devoted to other higher priority District projects.
During design, staff will evaluate combining Phases I and II into a
si ngl e construction. If there are significant construction cost savings
resulting from a single construction contract, Phases I and II w111 be
constructed in 1987.
- 2 -
Proiect Cost
The estimated project cost is $31.0 mill ion.
This estimate consists of:
Construction including Contingency
Construction Management
Design
$29,000,000
1,300,000
700,000
Total
$31,000,000
The estimated cost of the three phases of the trunk sewer project are:
Phase I
Phase II
Phase III
$14,000,000
7,500,000
9,500.000
Total
$31,000,000
- 3 -
ATTACHMENT 2
OCTOPER 28, 1986
BEFORE THE BOARD OF THE CENTRAL CONTRA
COSTA SANITARY DISTRICT
RE: APPROVAL OF SAN RAMON
VALLEY TRUNK SEWER
IMPROVEMENT PROJECT
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FINDINGS OF FACT
AND STATEMENT OF
OVERRIDING
CONSIDERATIONS
{Pub. Res. Code
Section 21081
California Admin.
Code Tit. 14,
Section 15091 and 15093
I. General Information and Description of San Ramon Valley
Trunk Sewer Improvement Project
A. The Central Contra Costa Sanitary District (hereinafter
"the District")
The District's total service area encompasses approximately
120 square miles, serving the cities of Walnut Creek, Pleasant
Hill,
Lafayette,
Orinda,
Moraga,
Danville and portions of
Martinez and San Ramon in addition to communi ties \'Ii thin the
unincorporated area of Contra Costa County.
The Cities of
Clayton and Concord are served by the District pursuant to a
contract between the parties.
-1-
B. Proceedings Before the CCCSD Board (hereinafter "Board")
On October 16, 1986, the Board of the District held a duly
noticed public hearing. A_ true and correct copy of that notice
is attached hereto as Attachment A. After closing the public
hearing the Board certified the Final Environmental Impact Report
(hereinafter FEIR) as legally adequate and adopted a resolution
of intent to approve the proposed project. A true and correct
copy of that resolution is attached hereto as Attachment B. The
Board referred the preparation of draft findings to Legal Counsel
and provided specific instructions ~vith regard to the following
project alternatives and project mitigation measures:
1. After hearing testimony from the City of Danville, the
Board determined that both the Railroad Avenue alternative and
the County Transit easement alternative are acceptable alignment
alternatives around the former railroad station site in downtown
Danville. The Board further determined that the ErR adequately
addressed both alternatives and that the impacts of both
alternatives were similar and that neither alternative is
superior.
2. The Board selected growth scenario 4 as analyzed in the
EIR as the population basis for sizing the entire sewer line.
3. The Board agreed to employ tunnelling construction at
Sycamore Valley Road and San Ramon Valley Road. However, the
-2-
REVISED 10/28/86
District will continue to monitor al! other street crossings and
will use objective traffic engineering standards to determine
whether or not ~unnelling or jacking is required instead of open
cut trenching.
After hearing the testimony from the City of
Danville and the City of San Ramon, the Board determined to work
with the various jurisdictions on resolving which method of
construction should be employed.
However, the Board determined
that in order to complete the project construction in an
economical manner, it will exercise its rights under Health and
Safety Code Section 6518 and Public Contracts Code Section 20802.
The Board also determined that bid documents disclose to
potential contractors preliminary encroachment permit conditions
where encroachment permits are required and that tunnelling or
jacking streets other than Sycamore Valley Road and San Ramon
Valley Road is possible.
4 .
The
Board
to budget $200,000
determined ^ to return 2.8
miles
of
recreational trail in the ROW between Las Trampas Road, Alamo, to
with
Prospect Avenue, Danville, to its preconstruction conditionlll~~k
all remaining funds
FI'I>Nrfl 1 N1#<I>1 ;qitMfrriinkJi 1 tl::J lciMjdilld I(,blfd I oW 1 lWtfJ 1 /JrI 1 Wd.j~t/ IJ./;/JdJ.AIc
to be designated for upgrading the surface of the ROW rather than
returning the remaining length of the recreation trail in the P.O~'l
to its preconstruction condition. This determination was made in
recognition of future construction that will or may occur in the
remaining funds,
ROW. The ~~aatblid/ when coupled with other public funds,
including those from other agencies with projects in the ROW, may
allow for upgrading of the recreational trail. The Board adopted
-3-
this mitigation measure ln recognition of the disruption to the
public that will be created as a result of the construction of
the project.
5. The Board directed that the trunk sewer line be
designed to include manholes and pipe stub-outs for potential
service connections for those property owners who are not
currently served by the District and who have septic tanks. The
District will receive a rebate to recover additional costs to
install the additional manholes and pipe stub-outs when
connections to the trunk line occur. The District will notify in
writing all known households on septic tanks.
6.
The
Board
program
determined
during
construction phases is
program.
necessary
that an extensive public
the project's design and
and allocated $40,000 for that
participation
C. Project Description
The District proposes to construct a new sewer trunk line in
the San Ramon Valley. The proposed pipeline would be constructed
within an approximately twelve (12) mile long project area
extending from the District's existing Larwin Pump Station on
Ensenada Drive in the City of San Ramon, to a point north of
Rudgear Road in the City of Walnut Creek. The new sewer trunk
line will roughly parallel the District's existing 36 inch sewer
-4-
trunk
line.
The
new
sewer
trunk
line
is
proposed
for
construction because portions of the existing trunk line will
soon reach capacity. Specifically, the Draft Collection System
Master Plan (May 1986) indicates that approximately 16,000 feet
of trunk sewer line currently has a capacity deficiency. Sewer
segments with insufficient capacity to meet existing demand
include 3,000 feet from El Capitan Drive to Saint James Court;
11,400 feet from La Serena Avenue to Hartz Avenue/Downtown
Danville; 1,100 feet from Cedar Lane to Entrada Verde Place and
400 feet just south of Hillgrade Avenue. A major storm, similar
to that experienced by the region in February 1986, could result
in sewage overflows and create public health and environmental
hazards.
The new trunk sewer will supplement the capacity of the
existing trunk sewer. Connecting sewers between the new and
existing trunk sewer will be constructed at several locations. A
connecting sewer, approximately 100 feet in length, will be
constructed along La Serena Avenue, Alamo, between the new sewer
in the ROWand existing sewer in Danville Boulevard. The
remaining connecting sewers will be constructed entirely wi thin
the ROW. At the northern end of the project, the new sewer will
be connected to the Walnut Creek Bypass sewer. As part of this
project, the Walnut Creek Bypass sewer will be made operational
by construction of a connecting sewer, approximately 100 feet,
between the Walnut Creek Bypass sewer and the District's existing
60 inch trunk sewer. This connecting ~ewer will be constructed
entirely within the ROW between Ygnacio Valley Road and Arroyo
Way, Walnut Creek.
-5-
1. Project Alignment. Except for a 1500 section in
downtown Danville, the project would place construction entirely
within the existing Southern Pacific Transportation Company
Railroad Right of Way (hereinafter "SPTCRR ROW"). The Section
through downtown Danville will either be constructed on the
county transit easement or along Railroad Avenue.
2. Project Phasing. The District proposes to construct
the new sewer line in three phases over a three-year period from
1987-1989 as follows:
Phase I: between St. James Court, Danville to La Serena
Avenue, in the unincorporated community of Alamo.
Phase II:
between La Serena Avenue,
Alamo, and immediately
connect to the ~lalnut
north of Rudgear Road, Walnut Creek, to
Creek Bypass Sewer.
Phase III:
between the Saint James Court, Danville to the
Larwin Pump Station, San Ramon.
The insufficient capacity discussed above has primarily
determined the phasing schedule that the Board has selected.
Phase I and most of Phase II require immediate attention; the
timing of the remainder of Phase II and Phase III construction is
more flexible. Additionally, this phasing schedule was selected
by the Board because of construction efficiency and economy.
-6-
Specifically, in Phase I through Danville, sewer footage at both
ends of this segment has immediate improvement needs with 1.0 to
1.5 miles in between these over-capacity segments. Rather than
completing construction of 14,000 feet and returning in just a
few years to construct another one to two miles and disrupting
central Danville again, the Board has elected to construct the
4.5 mile stretch at one time. Implementing two separate
construction programs in downtown Danville would also
significantly increase costs. One reason for the increased cost
would be the need for additional construction to make interim
lateral connection via cross streets between the new sewer in the
ROWand the existing one in Danville Boulevard. The construction
phasing as proposed by the Board involves only one short lateral
connection.
3. Related Projects. The capacity of the Larwin Pump
Station may need to be increased because of population increases
within the study area. However, the expansion of the Larwin Pump
Station would serve only to accommodate the flmvs within the
trunk lines (new and existing) and would not alter the analysis
of impacts contained within this ErR. Should the District
determine to expand the Larwin Pump Station, subsequent
environmental documentation will be completed in accordance with
existing law.
The Board determined
requiring compliance with
that
CEQA
subsequent trunk line
will analyze growth
projects
inducing
impacts on a cumulative basis.
-7-
4. Pipeline Size. The Board has determined to size the
pipeline based on growth scenario 4 as described in the EIR.
The District has determined that this pipeline size is
necessary to accommodate future growth in the study area and to
avoid subsequent expansion of the trunk line capacity for a
period of at least 50 years. The Board determined that the
potential for densification and annexation to the study area can
reasonably be expected to increase population projections.
Additionally, the Board determined that historically growth
projections in the San Ramon Valley have been underestimated to
the detriment of the infrastructure providers.
D. EIR Assumption
The EIR bases its analysis of construction impacts on a
maximum pipe size (84 inch diameter) and provides a worst case
analysis of project construction effects. The assumed maximum
subsurface trench width is approximately 12 feet.
The EIR does not analyze the direct and indirect impacts of
a merger between Tri-Valley Wastewater Authority (hereinafter
"TWA") and CCCSD.
The Board has recently received a Notice of Preparation from
the Tri-Valley Waste Water Authority. TWA 1S a recently
organized joint powers agency of Alameda County, the City of
Pleasanton and the Dublin San Ramon Services District. The
purpose of the agency is
design construction and
to provide the necessary planning for
financing of incremental waste water
-8-
capacity in excess of the existing disposal capacity provided by
Livermore Amador Valley Waste Management Agency
(hereinafter
"LAVWMA") .
This NOP notes that one of the alternatives for
achieving this goal is coordination with CCCSD.
The Board
determines
that
this
potential
for
coordination
is
mere
speculation and does not constitute a reasonably foreseeable
future project as defined by CEQA, the Guidelines or relevant
case law.
At this time a merger between TWA and CCCSD is nothing more
than mere speculation.
Environmental review would be meaningless
at this point.
Should a merger of TWA and CCCSD be seriously
considered by all affected agencies,
CEQA review will be
commenced to analyze all potential impacts, alternatives and
mitigation measures associated with that project.
II. The Record
For purposes of CEQA and the findings identified herein, the
record of the proceedings before this Board is comprised of the
following:
1.
San
Ramon
Valley
Sewer
Master
Plan,
Lowry
and
Associates, December 1984.
2. Watershed 33 Trunk Sewer Pipeline Predesign Report,
John Carollo Engineers, June 1985.
-9-
3. Collection System Master Plan, Camp, Dresser and McKee,
September 1986.
4. Selected Flow Monitoring Studies in Study Area, CCCSD,
1985-1986.
5. Wastewater Flow Analysis CH2M Hill, Inc., April 1986.
6. General Plan of County of Contra Costa.
7. San Ramon General Plan Working Paper
Analysis of Alternative Sketch Plans, February 1986.
Number
3 :
8. Draft EIR, San Ramon Valley Trunk Sewer Improvement
Project, June 1986.
9. Final EIR, San Ramon Valley Trunk Sewer Improvement
Project, September 1986.
10. The Notice of Preparation and all other environmental
documents prepared by the District in accordance with the
California Environmental Quality Act.
11. All staff reports, memoranda, maps, letters, minutes of
meetings and other planning documents prepared by district staff
relating to the project.
-10-
12. All testimony, documents and other evidence received by
the District during the scoping session on December 11, 1986, and
the mid-project meeting on March 12, 1986.
13. The proceedings before the District relating to the
project, including testimony and documentary evidence introduced
at the public hearing on October 16, 1986.
14. Matters of knowledge to the Board, including but. not
limited to:
a. the District's Guidelines for the Implementation
of CEQA;
b. formally adopted policies and ordinances;
c. collective experience of the Board as follows:
Parke L. Boneysteele
Elected to CCCSD Board on November 7, 1967. Mr. Boneysteele
has been a Contra Costa County resident for 34 years and worked
for the California Public Utilities Commission for 32 years.
Occupation: Mechanical Engineer
Nels E. Carlson, Jr.
Appointed to CCCSD Board on June 2, 1977. Mr. Carlson has
been a resident of Central Contra Costa County for 25 years.
-11-
EVISED 10/28/86
(President, N. E. Carlson
Occupation: Bus iness Execut i 'Ie (Ytm-l?tf'ljt-~/4tt1 I f2/1jif..1 #if..Nvtrft
Construction, Inc.)
qi I ttIrr/.rIi~t/;:/tJ.1../ II/rI.c)-W/tIJ/ 111M /f1 Ifr/i/f/i-rfJN Ifif>t/ lei / rf;/Jjtf/f/-tNitt i-rfJN fcIif>r/Jfjcfrj.y 1 /.
Susan H. McNulty
Elected to CCCSD Board on November,S, 1985. Ms. McNulty has
been active in local government the past 15 years including:
Past director for the Moraga Community Association
Served on Moraga Town Council twice, including one year
as mayor
Current member of the Local Agency Formation Commission
(LAFCO)
Occupation: Investment Sales
William C. Dalton
Elected to CCCSD Board on November 6, 1979. Mr. Dalton was
Deputy General Manager-Chief Engineer of CCCSD and worked at
CCCSD 19 years.
Occupation: Civil Engineer
John B. Clausen
Appointed to CCCSD Board on February 11, 1984. Mr. Clausen
has been a resident of Central Contra Costa County for 34 years
and was the first County Counsel of Contra Costa County.
Occupation: Attorney
-12-
III. Significant Impacts, Mitigation Measures
The final Environmental Impact Report for the San Ramon
Valley Trunk Sewer Improvement project, certified by this Board,
identifies the following significant impacts related to the
project. The Board adopts the following mitigation measures to
reduce those impacts below a level of significance:
Impact: Recreational use of the ROW will be temporarily halted
during construction.
Mitigation: The District has agreed in its easement contract
with the County to return the ROW to its original condition after
construction. The ROW will, to the extent possible, be restored
to original ground contours and drainage patterns.
The Board determined to return 2.8 miles of recreational
trail in the ROW between Las Trampas Road, Alamo, to Prospect
Avenue, Danville, to its preconstruction condition. The Board
also determined to deposit $200,000 into an escrow account to be
designated for upgrading the surface of the ROW, rather than
returning the remaining length of t.he recreational trail in the
ROW to its preconstruction condition. This determination was
made in recognition of ~uture construction that will or may Occur
in the ROW. The $200,000, when coupled with other public funds
including those from other agencies with projects in the ROW, may
allow for upgrading of the recreational trail. The Board adopted
this mitigation measure in recognition of the disruption to the
-13-
public that will be created as a resul t of the construction of
the project.
The ROW will be revegetated after construction. Trees and
shrubs removed will be replaced by young plants of the same kind
or a different kind agreed upon by the District and the
respective property owner or the County. Vegetation clearing
within the ROW will be limited to the immediate trench excavation
area. Open trenches will be limited to 400 feet in length at any
one location.
Impact: Some utility lines may require relocation to enable
installation of the District's trunk sewer line. There is some
potential for disturbance to existing utilities during
construction and for temporary service outages.
Mitigation: The District will notify all relevant utility
agencies of construction plans and will request information
including maps locating existing utili ties. During design, t.he
District will circulate final construction plans to all
appropriate utility agencies and will discuss with them final
arrangements for relocation or construction around existing
lines. The District will be responsible for notifying local
customers if any utilities are planned to be temporarily shut off
during construction. To reduce the chance of accidental shut
offs, the District will conduct field exploration to locate
specific utilities. The District will also be responsible should
any damage to existing utility lines result from construction of
-14-
the trunk sewer. Final construction plans, techniques, and
alignments will be reviewed by the public works departments of
the appropriate jurisdictions.
Impact:
Construction in the ROW may require temporary or
permanent removal of
fences, driveways, or
ROW.
any existing "unofficial" uses
sheds which may have encroached
such as
into the
Mitigation: The District will carefully survey the approved
pipeline and construction easement and will, where necessary,
notify any property owners of potential use conflicts in writing
well in advance of any construction activity.
Impact:
adjacent
Construction activity will temporarily disrupt land uses
to and near the ROW. The land uses most affected
include residential areas, schools, and businesses.
Mitigation: All legally required and necessary encroachment
permits will be obtained. These encroachment permits will
specify conditions that the District must meet with regard to
traffic, nOlse, dust, etc. (See Attachment C.) Detailed
traffic control plans will be prepared for each phase of
construction. The Board agrees that Sycamore Valley Road and San
Ramon Valley Boulevard will be jacked or tunnelled under to
substantially minimize any traffic disruptions. However, the
District will continue to monitor all other street crossings and
-15-
will use objective traffic engineering standards to determine
whether or not tunnelling or jacking is required. After hearing
the testimony from the City of Danville and the City of San
Ramon, the Board determined to work with the various
jurisdictions on resolving which method of construction should be
employed. However, the Board determined that in order to
complete the project construction in an economical manner it will
exercise its rights under Health and Safety Code Section 6518 and
Public Contracts Code Section 20802. CCCSD will assign
inspectors to the construction site to ensure compliance with
permit conditions.
As part of an extensive public participation program,
residents, businesses, shop owners, and property owners will be
notified in writing by the District in advance of construction.
Local emergency response agencies will be notified in writing of
construction schedules and locations. Construction near
residential neighborhoods will commence no earlier than 7:30 a.m.
to reduce the chances of interrupting the sleep of most residents
living near the ROW. The District will circulate final
construction plans to all appropriate utility agencies and
discuss with them final arrangements for relocation or
construction around existing lines. The District will be
responsible for
notifying
local
utilities are
construction.
planned to
be
customers in writing
temporarily shut off
if any
during
-16-
Impact: Large diameter longitudinal utility lines in the ROW
impose restrictions on future potential development of the ROW
corridor. At present, applicable land use plans support little
development of structures and private uses in the ROW, but future
surface development potential will be limited by allowing this
subsurface use.
Mitigation: No mitigation is necessary
consistent with plan designations and
jurisdictions at this time.
since the project is
goals of relevant
Impact: Placement of a trunk sewer line through downtown
Danville on either Railroad Avenue or the County transit easement
will have traffic impacts. While the trunk sewer will be
compatible in the long term with traffic use and circulation of
these streets, periodic maintenance or repair work on the sewer
line will temporarily disrupt traffic flows and restrict access.
During construction along anyone of these alternatives, access
will
be
restricted
and
traffic
congestion
will
increase
temporarily.
Mitigation: All legally required and necessary encroachment
permits will be obtained. Detailed traffic control plans will be
prepared by the District for each street crossing in each phase
of construction. The District will consult with local
jurisdictions regarding possible scheduling of night or weekend
work in commercial areas or busy streets. The District will
-17-
require that the contractor provide adequate off-street parking
for employees at all times and arrange ridesharing where possible
to reduce worker auto trips. Transport of heavy construction
equipment will normally be limited to off-peak periods, with
maximum use of on-site storage and staging areas.
The District will use construction techniques that maintain
access on affected local streets and require the contractor to
use specific methods for maintaining access.
Techniques to
maintain access include: (1) Use of flaggers to maintain
al ternating one-way traffic; (2) placement of steel plates over
the open trench during non-working hours; (3) paving a temporary
addi tional travel lane when sufficient width exists; (4) use of
advance construction signs and other public notices to alert
drivers of activity in the area; and (5) use of "positive
guidance" detour signing on alternate access streets. Work on
street crossings, except when boring pits are used, will be
limited to one location at a time. Scheduling of work will be
such that alternate access routes to be used by affected traffic
are not blocked by concurrent construction.
Impact:
on local
Construction activities will cause a short-term impact
visual aesthetics. Heavy construction equipment will
remain within the ROW in many areas during non-work hours;
excavated and fill material will be stockpiled on the ROW; pipe
segments will be stored on the ROW; barricades, signs, steel
plates, etc., will cover or mark open trenches. Some existing
vegetation will have to be removed during trench excavation.
-18-
Mi tigation: The construction site will be kept as orderly as
practical and free of litter. Storage areas for equipment and
materials will be reasonably required. A tree specialist
(arborist) will be hired to develop site specific mitigation to
preserve and protect any mature trees and significant vegetation
along or near the construction route if reasonably possible.
Areas cleared of vegetation will be revegetated after
construction.
Impact: Excavation and filling of project trenches may result in
alteration of the slope and elevation of the ground surface.
Mitigation: To prevent permanent changes in topography as a
resul t of the project, the ground surface will be reasonably
restored to its existing slope and elevation after project
construction. All stockpiles of soil, fill, and other material
will be removed from the ROW after construction is complete.
Maximum use will be made of excavated material for backfilling of
trenches. AJ.J materials not used for refilling trenches will be
disposed of at proper sites.
Impact: Export of excavated material and import of fill to the
project construction area \-Till occur during construction.
Hauling trucks carrying soil, sand, gravel, and fill to and from
the site may transport material attached to truck tires onto
local streets. Additionally, spilt and windblown material from
trucks could be deposited on local streets.
This soil on local
-19-
streets could
storm drains,
streams.
present nuisances or hazards to motorists,
and cause siltation of drainage ditches
clog
and
Mi tigation: To avoid deposition of material on streets, haul
trucks will not be overfilled and will be covered to prevent
spills, particularly if freeway travel is necessary. If
necessary, hauling trucks will be encouraged to maintain safe,
slow speeds. Hauling trucks will either be driven over
mechanical grates when exiting the project construction site to
clean truck tires or truck tires will be cleaned off (hosed off)
before trucks enter public streets. Any accidental spill of
material will be cleaned up within a reasonable period of time.
Impact: Seismic activity on the Calaveras, San Andreas, Hayward,
Pleasanton, Antioch, or Concord faults may interfere with project
construction and damage the trunk sewer line.
Mitigation: To reduce potential seismic hazards to the project,
the sewer line and associated facilities will be designed and
constructed to withstand maximum ground accelerations expected
along the alignment without substantial damage. The project will
be designed to withstand liquefaction of the alluvial fill along
the proposed alignment without cracking or structural damage. A
geological study including subsurface investigations will be
conducted to determine areas of greatest liquefaction hazard for
special design of the sewer line in these areas.
-20-
The District will incorporate specific design features into
the project to reduce damage from seismic events.
Impact: Construction-related activities may generate substantial
amounts of particulate (dust) matter which will adversely affect
the air quality along and near the ROW during the three six-month
construction phases.
Taking into account the particulate emissions generated by
ground clearance, excavation, soil materials storage, truck
hauling, and construction equipment, the construction of the
proposed pipeline may generate from 2.0 tons/day to 2.7 tons/day
of particulates.
Mitigation: The District will require the contractor to perform
watering of all disturbed portions of the ROW that have been
cleared of vegetation and all piles of excavated and bedding
material as necessary.
Project hauling trucks will not be overfilled. Hauling
trucks will be cleaned off before entering public streets if
necessary. Any accidental spill of material will be cleaned up
within a reasonable period of time. Maximum use will be made of
excavated material for backfilling trenches.
As part of the public participation program, residents
living along the ROW will be notified in writing as to when they
can expect project construction activities in their vicinity,
especially for the benefit of those persons with respiratory
ailments.
-21-
Impact: Other pollutants will be generated during construction
of the proposed pipeline through operation of construction
equipment and haul trucks. Carbon monoxide, hydrocarbons,
ni trogen oxides, and sulfur dioxide, in addition to particulate
matter, will be emitted due to combustion of diesel fuel.
Mitigation: The contractor will
operate construction equipment in
exhaust emissions; for example,
possible, be kept to a minimum.
be required to
such a way as
truck idling
maintain and
to minimize
will,
where
Impact: During construction of the proposed pipeline, an
increase in motor vehicle emissions will result from construction
workers driving to and from the construction site and from
disruption of the normal traffic flow. Traffic disruption will
occur especially when laying pipeline across paved roadways, but
also more regularly as a result of truck movements. Slower motor
vehicle speeds generally result in greater vehicle emissions of
carbon monoxide and hydrocarbons, but slightly lower emissions of
nitrogen oxides.
In downtown Danville, construction of the proposed pipeline
through city streets will cause more traffic disruption and,
subsequently, greater motor vehicle emissions. The heavy traffic
volumes on Hartz Avenue will proceed at a reduced speed and may
be diverted through residential neighborhoods which will be
sensitive to a local increase in carbon monoxide concentrations.
-22-
Mitigation: As part of the encroachment permit process, the
District will prepare detailed transportation plans which will be
submitted to the appropriate jurisdictions. In order to
alleviate the disruption of traffic flow and therefore reduce
emissions, the District may schedule night or weekend work.
Impact: Reconstruction of paved roadway surfaces will require
the use of asphalts which emit hydrocarbons, criteria pollutant
precursors of ozone.
Mitigation: The District will adhere to Regulation 8, Rule 15 of
BAAQMD's Rules and Regulations, which prohibits the use of
rapid-cure cutback asphalt and regulates the use of other
asphalts.
Impact: Project construction will substantially increase ambient
noise levels on a temporary basis for those living and working in
proximity to the ROW.
Mitigation: As part of the public participation program, advance
wri tten notice of construction will be provided to residents,
schools, offices, and commercial/retail establishments located
within two hundred feet of the ROW.
Construction will be scheduled where possible during summer
vacation months (June to August) in areas where construction is
adjacent to schools. The District will restrict the construction
-23-
season to the dry months (April to October) to avoid the regular
school sessions where feasible.
Construction in residential neighborhoods will be delayed
until 7:30 a.m. to reduce interruption of the sleep patterns of
most residents living near the ROW.
The District will strictly conform to all legally required
and necessary conditions imposed by local jurisdictions in the
encroachment permits granted to the District in accordance with
Attachment C.
The .District will require the contractor to reduce the speed
of hauling trucks as they travel on the ROWand away from the
construction site on local streets to reduce the widespread noise
impacts from this source. Construction equipment will be
required by the District to be fitted wi th the best available
noise suppression devices.
Impact: Construction in the ROW will require clearing existing
vegetation along the p~pe alignment and may cause damage or
removal of other vegetation as a result of equipment movement and
materials storage within the ROW.
Mitigation: Vegetation clearing within the ROW will, where
reasonable, be limited to the immediate trench excavation area.
Equipment and material storage sites will, to the extent
possible, be chosen to minimize the need for removal of
significant vegetation (e.g.,
vegetated areas). The ROW
large shrubs, small trees, densely
will be revegetated as soon as
-24-
practical after construction, taking into consideration other
public projects which may take place wi thin the ROW. Trees and
shrubs removed will be replaced by young plants of the same kind
or a different kind agreed upon by the District and the affected
property owner or in consultation with the County.
Impact:
removed
Mature trees along or
to enable construction.
near the ROW may have to be
Construction activities and
equipment movement along the ROW may damage limbs or roots of
trees along the ROW border.
Mi tigation: Removal of mature trees will be avoided wherever
possible. An arborist will be retained by the District to survey
the entire construction alignment, including equipment access
locations, identify the means of minimizing damage to trees,
including: pruning overhanging 1 imbs that could be damaged by
crane operation or equipment movement; minimizing potential for
compacting soil around major root zones by restricting heavy
equipment movement; and, where reasonable, hand excavating trench
segments past major root zones.
As part of the public participation process, all properties
will be notified in writing in advance if any trees on their
property or overhanging their property must be removed or pruned.
Any tree removed will be replaced by young plants of the same
kind or a different kind agreed upon by the District and the
affected property owner.
-25-
Impact: The ROW alignment crosses three creeks: La Serena Creek
in Alamo, Rutherford Creek in Alamo, and San Ramon Creek in
Danville and San Ramon. In the case of La Serena and Rutherford
Creeks, riparian vegetation was recently cleared by EBMUD during
installation of its 66-inch water main. While some vegetation
(e.g. ,
before
groundcover, vines) may reestablish on these creek banks
the District's sewer construction scheduled for 1988 or
1989,
no removal of significant stream vegetation will be
required. Construction activities may damage or remove some of
the dense riparian vegetation to either side of the ROW; but the
impact will be minimal and the Board deems the impact
insignificant.
Direct trenching or construction of the siphon structure
across the creeks rather than a pipe bridge may cause greater
disruption to the creeks I banks and will disrupt the creeks I
beds. This disturbance will further delay the reestablishment of
riparian vegetation and may temporarily increase erosion and
turbidity in creek waters. Increased erosion and turbidity will
degrade water quality and, in turn, adversely affect aquatic life
and wildlife using the creeks, in the short-term. Denuded creek
banks may cause ongoing erosion potential until banks revegetate.
Construction of pipe bridges vlOuld also disrupt the creek banks
and cause potential short-term and ongoing erosion until banks
are revegetated.
Mitigation: The California Department of Fish and Game must
review any proposal to alter a stream channel and issue a Stream
-26-
Alteration Agreement. The District must notify the Department of
its final construction plans for the creek crossing. The
agreement will stipulate mitigation measures required o~ the
District.
Construction in creeks will be restricted to the dry season
when creek flows are low. Creek banks will be revegetated after
construction with plant species common to the surrounding
riparian corridors.
Impact: Two pre-historic archaeological sites have been recorded
in the immediate vicinity of the project area and may extend into
the construction area. A historic archaeological site is located
immediately north of the project area.
Mitigation: A qualified archaeologist will be
District to develop a mitigation plan if
archaeological site is uncovered.
retained by the
a pre-historic
Impact: Construction of the proposed pipeline will entail the
commitment of non-renewable sources of energy. Ground clearance,
trench excavation, hauling operation, pipeline installation,
backfilling, and compaction will result in a one-time expenditure
of gasoline and diesel fuel. The estimated consumption of diesel
fuel by construction equipment for all four phases of
construction would amount to roughly 385,000 gallons, or 62 GBtu.
-27-
Mitigation: Construction equipment and haul trucks will, to the
extent possible, be turned off when not in use.
When planning haul routes, consideration will be given to
minimizing the length of those routes to conserve diesel fuel.
Impact:
Station
Increasing the
will increase
pumping capacity of the Larwin
demand for electrical energy by
Pump
the
electrical pumps. The increase in electrical energy demand will
be roughly proportional to the increase in pumping capacity.
Mitigation: Pumping energy requirements may be reduced by using
larger diameter force-mains to minimize pipe friction losses.
Impact: Project construction will generate additional traffic by
workers commuting to and from the site and construction vehicles
travelling around the project vicinity during the course of the
work day.
Construction activity may cause diversion of traffic to
alternate roadways as drivers attempt to avoid delays.
The project will also generate a need for parking locations
for construction workers.
Mitigation: The District will require the contractor to provide
adequate off-street parking locations for workers t vehicles and
construction equipment at all times.
-28-
Impact:
excavated
Construction
activities
such
as the transport
site would also
of
add
and new fill
to and from the
heavy-equipment vehicles to the traffic flow.
Mi tigation: Transportation of construction equipment will
normally be limited to off-peak periods, with maximum use of
on-site storage and staging areas. Maximum use will be made of
excavated material for backfilling of trenches.
Impact: Project construction will require crossing a number of
roadways, ranging from maJor arterials to local residential
streets.
Mitigation: The District will tunnel or bore under Sycamore
Valley Road and San Ramon Valley Boulevard. However, the
District will continue to monitor all other street crossings and
will use objective engineering standards to determine whether or
not tunnelling or jacking is required. After hearing the
testimony from the City of Danville and the City of San Ramon,
the Board determined to work with the various jurisdictions on
resolving which method of construction should be employed.
However, the Board determined that, in order to complete the
project construction in an economical manner, it will exercise
its rights under Health and Safety Code Section 6518 and Public
Contracts Code Section 20802.
Construction techniques that maintain access on other local
streets will be used. The District will prepare traffic control
-29-
plans to show specific methods for maintaining access during each
phase of construction.
These traffic control plans will be
reviewed
bv
.J
the
local
jurisdictions
during the
encroachment
permit
process.
The
District
will
consult
with
local
jurisdictions regarding possible scheduling of night or weekend
work in commercial areas and busy streets.
As part of the public participation process, the District
will provide written notice to all property owners within two
hundred feet of construction activity, including any applicable
detour routing.
Impact:
In addition to street crossings as described in the
above Impact, there will be pipe installation along local streets
to a limited extent.
since the project is to be constructed in
three phases, the ends of each phase must be tied into an
existing working system.
The only lateral pipe installation for
this purpose that would impact traffic would be on La Serena
Avenue.
Mitigation:
Two-way traffic will normally be maintained by the
use of flaggers during working hours, and placement of steel
plates or temporary backfill and paving during non-working hours.
Through traffic will also be detoured around the construction
zone via alternate streets.
Reasonable access to driveways will
be maintained.
-30-
Impact: The SPTCRR ROW
travel, especially in
shopping areas.
is used by local residents for pedestrian
the segments that link residences to
Mi tigation: As part of the public participation process, the
public will be notified in writing of construction schedules.
Fencing and signs will be employed during non-working hours to
limit or prohibit access to the construction.
Impact: Construction in the SPTCRR ROW, where other utili ties
already exist, longitudinally or laterally, creates the potential
for damaging or severing one of the existing utility lines during
trench excavation or pipe installation.
Mitigation: The District has already identified all existing
longitudinal utility lines on the ROWand key lateral lines. The
District will notify each appropriate utility agency to inform
them of construction plans, proposed treatment plans for utility
lines encountered (e.g., relocation, jacking under, or over) and
to gather more detailed information about existing pipe
locations. The District will also consult with each of the
appropriate public works departments during construction design
phase.
In the case of any planned temporary service outage, CCCSD
will notify the appropriate utility and be responsible for
notifying local residents and businesses in writing affected by
service loss. To reduce the chance of accidental shut-offs, the
-31-
District will conduct field exploration to loca~e specific
facilities.
Impact: The District's trunk sewer vlill be constructed along
side the existing, recently-installed 66-inch water main (EBMUD)
which extends from Las Trampas Road, Alamo, to Linda Mesa Avenue,
Danville. The District pipe will be installed deeper than the
existing water main. Any damage to this water main may disrupt
distribution of potable water and/or temporarily contaminate the
water supply.
Mitigation: The District will employ special construction
techniques in the area where the trunk sewer would parallel the
66-inch water main. Trench restraints such as sheet piling may
be installed to provide necessary trench wall support to guard
against trench wall failure and possible resulting loss of
structural support for the water main. The District has and will
continue to consult with EBMUD regarding the proposed trunk sewer
construction. The District will observe California Department of
Health standards.
Impact: During project construction, the public, particularly
children, may be temporarily exposed to potential hazards posed
by open excavated trenches of varying depth and by the transport
and use of heavy operating equipment (backhoe, crane, etc.).
-32-
Mitigation: The District will limit the amount of trench open at
anyone time to 400 linear feet in anyone location. At the end
of each work day, all open trenches in streets will be covered
with steel plates or backfilled to street grade level. The
District will require signing of all streets from both directions
wi th signs that are visible day and night to indicate that the
street is under construction. Within the ROW, trenches will be
barr icaded at both ends and along the sides. The ROW would
temporarily be closed to the public during construction and
signed as such, giving approximate closure and reopen dates when
recreational use would be allowed to resume.
To
reduce
exposure
of
school
children
to
the
potential
following
construction hazards, the
measures:
District will adopt
Construction will be scheduled past school sites during
summer vacation months (June-August) where reasonable.
During these months, most schools are not in session
and a few have a much reduced enrollment and half-day
session program.
The District will hire private security to patrol
construction site during the day near schools where
reasonably necessary.
Hauling truck trips and movement of big equipment will
normally be restricted to off-peak traffic hours. Truck drivers
will be required to maintain safe, slow speeds on local streets.
Hauling trucks will not be overfilled and will be covered. Any
spills will be cleaned up wi thin a reasonable period of time.
-33-
All equipment stored on site or nearby will be securely parked
and locked where reasonably necessary.
As part of the public participation process, neighborhoods
and schools will be notified in writing by CCCSD in advance of
upcoming construction in the immediate area and signs will be
posted in public areas along the construction route.
Impact: The project will cause temporary disruption of traffic
flows and increased congestion due to construction activities at
street crossings, creation of rough road conditions (torn up
asphalt, steel plate covers on trenches), and movement of big,
slow equipment. This will increase potential driving hazards.
Mi tiga tion: As part of the
District will prepare traffic
the appropriate jurisdictions.
The District will provide a detailed
construction activities and location to
encroachment permit
plans which will be
process, the
s ubmi t ted to
schedule of
police/sheriff
departments.
All road construction in street crossings will be clearly
signed. Open trenches will be covered with steel plates or
backfilled to street grade level each night and any open trenches
or jacking pits in the ROW should be barricaded and clearly
signed.
The District will notify in writing appropriate emergency
service agencies of construction locations and schedules.
-34-
Impact: Some of
Alamo have only
the
one
small
residential streets in Danville and
outlet
onto Danville Boulevard.
Project
construction will temporarily restrict access at street crossings
and will generally slow traffic and increase congestion.
Mitigation: Prior to construction, CCCSD will consult with
appropriate emergency service agencies (e.g., police, fire)
regarding construction plans and will provide these agencies with
a construction timetable keyed to specific locations and street
crossings along the ROW.
Access adequate for passage of emergency vehicles will be
maintained on all roads at all times.
Impact: Additional protection and emergency services (police,
fire, ambulance) may be required during project construction as a
result of the increase in potential public hazards and risk
exposure.
Mitigation: The appropriate emergency service agencies will be
notified in writing of the project in advance, and provided with
time and location schedules for each construction phase.
Sheriff/police departments will be consulted regarding any needed
traffic control supervision necessary during construction.
-35-
IV. Growth Inducing Impacts
The Board finds and determines that the implementation of
the three-phased trunk sewer line project will, under applicable
law, have a significant growth inducing impact in that the
project will remove a major obstacle to growth by increasing
sewage transmission capacity. The EIR discusses the potential
for growth inducing impacts at pp. 116-134. Because most general
plans forecast growth for only 10 years, the District has
developed growth scenarios that examine growth potential for
fifty (50) years or the useful life of the project. The Board
finds that planning for a 50-year project is necessary for
several reasons.
First, the abandoned SPTCRR ROW provides an excellent
utili ty corridor. However, construction of the proposed sewer
line and other planned public uses will effectively exhaust that
corridor. If the District was to plan for only 10 years, there
is a high likelihood that a third trunk line project would be
required. As noted in the District's Predesign Engineering
Report, alternative rights-of-way for such facilities could
entail expensive and disruptive construction through key
commercial districts or through environmentally sensitive areas.
Second, the Board finds that it would be imprudent to plan
for only 10 years and subject the ratepayers to the expense of
millions of dollars for construction of a subsequent trunk line.
The incremental cost of constructing a 60 inch line as opposed to
a 48 inch line is five million dollars. Comparatively, the
-36-
construction cost of an additional sewer line to provide the same
capacity as a 60 inch sewer line would be approximately 23
million (1986 dollars).
Although the provision of facilities for sewage transmission
may, under applicable legal standards, be found in fact to be
growth inducing, the Board finds that provision of sewer
facilities is only one factor which contributes to growth. In
addition to sewer facilities, growth must be preceeded by
approvals of various political jurisdictions with concurrent
environmental review and analysis; availability of other
utilities; availability of municipal services including but not
limi ted to fire and police protection; flood control; schools;
public works and parks; availability of arterial and other street
improvements; and the market for developed land.
Therefore, the Board finds and determines that the EIR has
fully disclosed the potential impacts of growth as related to the
project and that these secondary impacts are impacts that must be
analyzed and mitigated in accordance with CEQA by other
jurisdictions in the course of granting development approvals.
By exercising its judgment to supply sewer capacity for
further growth, this Board does not advocate or encourage any
particular rate or location for growth. The District is not a
local land use planning agency and does not have the power to
make such development approvals.
In sizing the sewer pipe, the Board has examined four
potential growth scenarios. These potential growth scenarios
were developed with input from District staff, County staff, City
-37-
of Danville staff, City of San
Based on written and oral comments
Ramon staff, and developers.
as well as information within
the personal knowledge of the Board, the Board determines that
growth scenario 4 is the most likely scenario for development
within the next 50 years and therefore sizes the pipe to
accommodate that growth.
The Board finds that the potential for densification and
annexation to the study area can reasonably be expected to
increase population projections. Additionally, the Board
determined that, historically, growth projections in the San
Ramon Valley have been underestimated to the detriment of
infrastructure providers.
V. Project Alternatives
The Board has examined the al ternati ves se't forth in the
ErR, including the no project alternative, and determines that
the pipe alignment which follows the ROW exclusively from Larwin
Pump Station to the Walnut Creek Bypass project, with the
possible exception of the use of Railroad Avenue through downtown
Danville, is the most effective way to implement the project.
A. Rejection of Alternative 4A
Alternative 4A is rejected for the following reasons:
-38-
1. Construction of the trunk 1 ine would occur wi thin the
Valley's major north-south surface roadway (Danville Boulevard).
This construction would severely disrupt the downtown commercial
districts of Danville and Alamo. Additionally, because Danville
Boulevard forms a continuous north-south route to 1-680 and
bounds numerous residential neighborhoods, access
residential neighborhoods would be severely impaired.
to
those
2. Impacts on public transit facilities would be much
greater under this alternative than under the approved
alternative because both the BART feeder and the County
Connection bus lines use Danville Boulevard.
3. Greater potential for public hazards exists because
this alternative proposes construction within a major public road
(Danville Boulevard).
4. Except for the negative impacts of traffic and public
safety, alternative 4A would not vary significantly from the
approved alternative in its other impacts (drainage, geology,
seismicity, cultural resources, vegetation, wildlife, energy, and
public services).
B. Rejection of Alternative 4B
Alternative 4B is rejected for the following reasons:
-39-
Alternative 4B is essentially a hybrid between the approved
alternative and alternative 4A. Consequently, the impacts of
al ternative 4B are greater than the approved alternative, yet
less than alternative 4A. The Board therefore rejects
alternative 4B for the same reasons that 4A was rejected.
C. Rejection of the No Project Alternative
The no project alternative is specifically rejected for the
following reasons:
1. Segments of the existing pipeline are at or near
capaci ty. Because segments of the existing pipeline are at or
near capacity, service to existing users may have to be
restricted or suspended in the event of an overflow.
2. If an overflow occurred, the District and ultimately
the ratepayers might be subject to extensive daily fines. Daily
fines of up to $10,000 may be imposed under existing state law
for overflows of untreated wastewater.
3.
A moratorium on sewer hookups
be a realistic approach to
is not considered by the
the existing capacity
Board
to
deficiencies.
-40-
D. Rejection of Growth Scenarios 1, 2, and 3
The Board has fully reviewed and
pipe sizes and rejects Scenarios 1, ?,
sizing the pipe. Growth scenarios 1, 2,
rejected because:
analyzed the alternative
and 3 as the basis for
and 3 are specifically
1. A significant likelihood exists that growth in the
region will exceed the growth potential discussed in Scenarios 1,
2, and 3.
2. Construction of a third pipeline would result in
significant costs to the ratepayers. The lack of availability of
a utility easement in which to construct the trunk line would
result in significant costs to the taxpayer.
3. The lack of availability of a utility easement could
resul t in disruption of downtown businesses, residential areas
and sensitive environmental resources if a third pipeline were to
be constructed.
4. The potential for
study area can reasonably
projections.
densificaion and annexation to the
be expected to increase population
5.
Valley
Historically, growth projections in the San Ramon
have been underestimated to the detriment of
infrastructure providers.
-41-
-,...,-.---....---"------.-"-~----.-.-,---,-"..~.--.------____,___,~_____.._"',.__..~.___.M_.._.__...._,.___.__
VI. Significant Impacts Which Cannot be Avoided Should the
Project be Constructed.
The Environmental Impact Report identifies several impacts
which cannot be avoided despite the Board's adoption of all
feasible mitigation measures analyzed in the EIR. In addition,
the Board finds that the alternative alignments and alternative
pipe sizes discussed in the EIR are infeasible as discussed in
Section V of these findings.
The significant unavoidable adverse impacts are both short-
term construction impacts and long-term secondary environmental
effects.
SHORT-TERM IMPACTS
Restriction of access to homes and businesses during
the workday while construction proceeds within street
crossings or adjacent to existing uses in the ROW;
Disruption of ROW surface
use) during construction
resurfaced;
Slower traffic and detours along street crossing of the
trunk sewer alignment during construction;
Increased noise levels in areas adjacent to the
construction site and along haul routes for excavated
material requiring off-site disposal;
use (e. g., no public trail
and until the trail is
-42-
Generation of dust from the construction area and along
haul routes for excavated material requiring off-site
disposal;
Potential interruption of other utility services during
construction;
Increased public safety hazards;
Replacement of any large, mature trees with smaller
ones of similar variety;
Alteration
of
topographic
features
(slope
and
elevation) ;
Reduced underground capacity for any subsequent utility
projects and possible restrictions on future use of
surface directly above the sewer trunk line.
LONG-TERM - SECONDARY IMPACTS
Substantial traffic congestion along major arterials
and the 1-680 freeway, requiring major expansion of the
roadway network and transportation system;
Increased air pollution emissions, hampering efforts to
attain and maintain state and federal ozone and carbon
monoxide standards;
Increased noise levels typically associated with urban
development;
Increased surface
runoff
and
addition
of
urban
pollutants to waterways and drainages;
-43-
Greater erosion of soils and exposure of additional
development
to
the
geologic
hazards
of
hillside
construction;
Increased demand for services such as fire and police
protection, public schools, parks and recreational
facilities, and water distribution and supply;
Loss of open space and the visual attributes of
surrounding rural and semi-rural lands;
Reduction in wildlife and aquatic habitat values;
Displacement of agriculture.
VII. Statement of Overriding Considerations
After considering
evidence received, the
the final EIR
Board finds and
and all testimony and
determines that it has
adopted all feasible mitigation measures. (See Section III.)
The Board also finds and determines that it has thoroughly
considered all project alternatives, chosen the superior
alternative and rejected all other alternatives, including the no
project al ternati ve, as infeasible for either environmental or
economic reasons. (See Section IV.)
Notwithstanding the disclosure of the significant short-term
and long-term impacts described in Section VI, the District has
determined pursuant to Section 15093 of the Guidelines for the
Implementation of CEQA that the benefits of the proposed project
outweigh the adverse impacts and the project should be approved.
-44-
The District specifically finds and determines that there
are special social, economic, and other reasons for approving
this project notwithstanding the disclosure of substantial
adverse impacts disclosed in the Final ErR for the San Ramon
Valley Trunk Sewer Improvement Project.
The reasons taken into account by the District in performing
the requisite balancing are as follows:
1. The project is necessary to provide adequate sewer
service now and in the future.
2. In an analysis of the San Ramon Valley Sewer System,
approximately 15,900 linear feet of existing trunk sewer line was
identified as deficient based on existing wet weather flows. The
report further determined that approximately 23,800 feet of sewer
line would become deficient by 1990 given existing population
trends. Finally, approximately 13,600 and 6,200 feet of existing
sewer service line would become deficient during the periods of
1990-1995 and 1995-2000, respectively.
3. The project will result in certain segments of the
existing trunk sewer line reaching capacity in 1987. Overflows
could occur causing potential environmental degradation and
potentially subjecting the District and ultimately the ratepayers
to a fine of $10,000 per day by the Regional Water Quality
Control Board.
-45-
4. Recognizing the 50-year lifespan of the project and the
high cost of construction, the District seeks to approve the most
cost-effective alternative.
5. The project has been designed and sized to avoid future
disruptions to key commercial and residential areas and to
sensitive environmental areas for at least fifty years.
Passed and adopted by the District Board of the Central
Contra Costa Sanitary District this 28th day of October by the
following vote:
Ayes:
Members:
Noes:
Members:
Absent:
Members:
President of the District Board
of the Central Contra Costa
Sanitary District, County of
Contra Costa, State of
California
Countersigned:
Secretary of the District Board
of the Central Contra Costa
Sanitary District, County of
Contra Costa, State of
California
Approved as to form:
James L. Hazard
District Counsel
-46-
PROOF CJF PUBLIC. '. "ION
This sp . - is for County Clerk's filing Stomp
(2015.5 C.C.P.)
STATE Of CALIfORNIA
County of Contra Costa
I om a citizen of the United States and a resident of the
County aforesaid; I om over the age of eighteen years,
and not 0 party to or interested in the above-entitled
matter.
Proof of Publication of
I am the Principal legal Clerk of the Contra Costa Times.
Noti~ of Putlic Hearinq
CENTRAL CONTRA COSTA
SANITARY DISTRICT
NOTICE Of PUBLIC HEARING
The Board of DirectOfS of the
Centra.' Contra Costa Sanitary Dis-
trict WIll conduct a public hearing
on the certifICation of the final En-
vironmental Impact Report (EIR),
and for the San Ramon Valley
Trunk Sewer Impl"O\lement Pro-
ject at 7:30 p.m_ on Thursday
October 16, 1986, at the Disttrict
offices, S0191mhoff Place, Marti.
nez, California.
Interested persons are invited
to attend the public hearing and
make comments. The final EIR for
the project may be reviewed at
the District Offices, 50 19 Imhoff
Place, Martinez, Califomia. For
information about the project or
the public hearing, please contact
Jackie Zayac at (415) 689.3890.
DATED: October 2, 1986
Is! Joyce E. McMillan
legal CCT 7166
Publish October 6, 14, 1986
A newspaper of general circulation, printed and pub-
lished at 2640 Shadelands Drive in the City of Walnut
Creek, County of Contra Costa, 94598
And which newspaper has been adjudged 0 newspaper
of general circulation by the Superior Court of the Coun-
ty of Contra Costa, State of California, under the dote of
October 22, 1934. Case Number 19764.
The notice, of which the annexed is a printed copy (set in
type not smaller than nonpareil), has been published in
eoch regular and entire issue of said newspaper and not
in any supplement thereof on the following dates, to-wit:
Oct _ 6. 14
011 in the year af 1986-.
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
Executed at Walnut Creek, California.
X On this~dayof
October
,19-86
~
.
;Q~
Signature
Lesher Communications, Inc.
Contra Costa Times
P.O. Box 5088
Walnut Creek, Ca. 94596
(415) 935-2525
107166
ATTACHMENT A
. .
RESQUTION NO. 86-136
RESOlUTION OF INTENT TO APPROVE lliE
SAN RAKlN VAlLEY lRUNK SEWER
IMPROVEMENT PROJECT
WHEREAS, the District Board of Directors have certified the Final EIR for
the San Ramon Valley Trunk Sewer Improvement Project as being legally
adequate; and
WHEREAS, the District Board of Directors have provided direction to staff
on selection of the project alternative and preparation of the findings
of fact regarding the project;
NOW, THEREFORE, be it resolved that the Board of Directors of the Central
Contra Costa Sanitary Di strict does hereby intend to approve the San
Ramon Valley Trunk Sewer Improvement Project subject to the adoption of
project findings on October 28, 1986.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 16th of October, 1986, by the following vote:
AYES:
NOES:
N3 SENT:
Members: Boneysteele, Dalton, Clausen, rk;~ulty, Carlson
Members: None
Members: None
I .-
/ // .' ",/ /
( j.~~ti-~
President of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
..
. i ,~ . 1 '-,
1..7. I c'' ,'- I J ..1;' ~ : ! i j '.
. l,A.,..-...... ..... '-" . . '-'1\.,...-'-4... ...-\..;. .....
~ecretary of the Central Contra Costa
~anitary District, County of Contra Costa,
State of California
ATTACHMENT B
PUBLIC -'\'ORKS AND FLOOD CONTROL
Ti tie I 0
PUBLIC WORKS AND FLOOD CONTROL
Division 1002 Encroachments
Chapter 1002-2 General Provisions
Sections:
1002-2.002 Definitions.
1002-2.004 Right of lawful use.
1002-2.006 Exception-County officers.
1002-2.008 Act requiring permit.
1002-2.0 I 0 Nonacceptable permit applications.
1002-2.012 Emergency work authorization.
1002-2.014 Appeal to board of adjustment.
1002-2.016 Conditions for granting permit.
1002-2.018 Removal of encroachments.
Chapter 1002-4 Permits
Sections:
1002-4.002 Issuance.
1002-4.004 Application-Exhibits required.
1002-4.006 Application-Consent of public bodies.
1002-4.008 Special permit required to move
certain objects.
1002-4.010 Term-Beginning of work or use.
1002-4.012 Term-Completion of work.
1002-4.014 Nontransferable.
1002-4.016 Display requirements.
1002-4.018 Encroachment or use change.
1002-4.020 Fees.
Chapter 1002-6 Security
Sections:
1002-6.002 Cash deposit.
1002-6.004 Bond in lieu of cash deposit.
1002-6.006 Annual bond.
1002-6.008 Additional bond or cash deposit.
1002-6.010 Condition of bond or cash deposit.
1002-6.012 Payable to county-Release.
1002-6.014 Certificate of insurance in lieu of
cash deposit of bond.
1002-6.016 Certificate of liability insurance.
Chapter 1002-8 Requiremen 15
Sections:
1002-8.002 Safeguards required.
1002-8.004 Start of work.
1002-8.006 Completion of work.
1002 -8.008 Drai nage.
1002-8.010 Interference with travel of public.
455
(Contra Costa County ).15-18)
ATTACHMENT C
PUBLIC WORKS AND FLOOD CONTROL
1002-8.012 Restora tion of righ t-of-way.
1002-8.014 Relocation or removal of installations.
1002-8.0 I 6 Repair work supervision and inspection.
1002-8.018 Storage of ma terial.
1002-8.020 Pipes and conduits-Generally.
1002-8.022 Pipes and conduits-Minimum cover.
1002-8.024 Backfilling.
1002-8.0'L6 Poles and transmission line carriers.
1002-8.028 Aids to visibility.
1002-8.030 Movement of vehicles.
1002-8.032 Mailbox placement.
1002-8.034 Tree-Planting and maintenance.
I 002-8.036 Tree-Trimming or removal.
1002-8.038 Hedge and fence-Permit required.
1002-8.040 Hedge and fence-Maintenance.
1002-8.042 Lawns.
1002-8.044 Marking of streets, curbs and
sidewalks.
1002-8.046 Monuments.
Division 1004 Franchises in County Roads (Reserved)
Chapter 1004-2 Pipeline Franchises (Reserved)
Division 1006 Road Dedications and Setbacks
Chapter 1006-2 Road Dedication and Improvement
Article 1006-2.2 Intent and Objectives
Sections:
I 006-2.202 Findin~s-General.
1006- 2.204 Findings-Cost.
I006-~.206 Intention.
1006-2.208 Objectives.
Article 1006-2.4 Requirements and Exceptions
Sections:
1006-2.402 Requirements generally.
1006-2.404 Applicable zoning districts.
1006-2.406 Maximum dedication.
1006-2.408 Existing improvements iI' right-of-way.
1006-2.410 No building in dedicated area.
1006-2.4 12 Construction-Exceptions.
Article 1006-2.6 Procedure
Sections:
1006-2.602 Procedure-Generally.
1006-2.604 Procedure- Dedication assurance.
1006-2.606 Procedure-Improvement bond.
100b-2.608 Improvement default.
1006-2.610 Procedure-Bond term and completion.
1006-2.612 Procedure-Improvement assurance-Notice.
1006-2.614 Procedure-Building permit issuance.
((\IOlra Cmla County ).1 S.7tl) 456
--_._--~-"-.--_._- -----.---------..--.--------..------------
PUBLIC WORKS AND rLOOD CONTROL
Article I 006- 2. 8 Fees
Sections:
1006-2.802 Fees-None reqUIred.
Article 1006-2.10 Road Standards
Sections:
I 006- 2. 1002
1006-2.1004
Article 1 006- 2. 1 2
Sections:
1006- 2.1 202
1006- 2.1204
I 006- 2. I 206
1006- 2. I 208
1006-2.1210
1006-2.1212
1006-2.1214
1006-2.1216
Article 1 006- 2. 14
Sections:
1006-2.1402 Appeal-Applicability.
1006-2.1404 Appeal-To commission.
I 006-2.1406 Appeal-To board.
1006-2. I 408 Appeal-Modifications.
Chapter 1006-4 Setback Requirements
Article 1006-4.2 Policy
Sections:
1006-4.202 Policy -Deciaration.
Article 1006-4.4 Requirements
Sections:
1006-4.402
1 006- 2. I 006
1006-2.1008
1006-2.1010
I 006- 2. I 0 I 2
1006-2.1014
1006-2.1016
1006- 2. I 0 I 8
I 006-4.404
1006-4.406
1006-4.408
Road standards-Improvements.
Road standards-Principal
thoroughfares-.Type A.
Road standards-Principal
thoroughfares-Type B.
Road standards-General thoroughfares.
Road standards-General arterials.
Road standards-Industrial arterials.
Road standards--Property line returns.
Road standards-Improvement agreement.
Road standards-Improvement placement
and construction.
Deviations and Special Requirements
Devia tions.
Road width review and findings.
Road access.
Notice to building pennit applicant.
Acceptance of building permit.
County participation.
Director determines road alignment.
Lots affected by road widening.
Appeal
Adopted section of streets and
highways plan-Filing required.
Effect of plan on building pennit
issuance.
Chapter administration.
Building permit issuance after
appeal-Conditions required.
457
PUBLIC WORKS AND FLOOD CONTROL
Article 1006-4.6 Exemptions
Sei:tions:
1006-4.602
Exemptions-Eminent domain,
declaratory relief, zoning.
Exemptions-Preexisting structures.
1006-4.604
Division 1008 U till ties
Chapter 1008-2 Underground Utility Districts
Sei:tions:
1008- 2.002
1008- 2. 004
1008-2.006
1008-2.008
1008-2.0 I 0
1008-2.012
1008-2.014
1008-2.016
1008-2.018
Deftnitions.
Public hearing by board-Notice.
Designation by board resolution.
Unlawful acts.
Exception-Emergency .
Exception-Certain facilities.
Notices to affected persons.
Responsibility of utility companies.
Responsibility of property
owners-Notice issuance.
Responsibility of county.
Time extension.
Violation-Penalty .
1008-2.020
1008-2.022
1008-2.024
Division 1010 Drainage
Oupter 1010-2 General
Sections:
1010-2.002 Acts requiring permits.
1010-2.004 Violations-Notice-Abatement.
10 I 0-2.006 Emergency work authorization.
1010-2.008 Appeal to board of adjustment.
J 0 I 0-2.010 Conditions required for pennit granting.
10 I 0-2.0 12 Administration.
Chapter 1010-4 Permits
Sections:
10 I 0-4.002 Issuance.
1010-4.004 Application - Form.
1010-4.006 Application-Exhibits.
1010-4.008 Consent of persons affected.
1010-4.010 Types designated.
1010-4.012 Term-Beginning of work.
1010-4.014 Term-Completion of work.
1010-4.016 Unsatisfactory work-Correction by county-Costs.
10 I 0-4.0 18 Changes in character of au thorned work.
1010-4.020 Transfer.
10 I 0-4.022 Fees.
Chapter 10 I 0-6 Security
Sections:
1010-6.002 Cash deposit or bond required.
458
PUBLIC WORKS AND FLOOD CONTROL
(
~
Division 1012 County Service Area Service Charges
Chapter 1012-2 General Provisions
Article 1012-2.2 General
Sections:
1012-2.202
1012-2.204
Article 1012-2.4
Sections:
1012-2.402
10 12-2.404
1012-2.406
1012-2.408
Article 1012-2.6
Sections:
1012-2.602 Tentative report.
1012-2.604 Contents.
101 2-~.606 Computation of service charge.
1012-2.608 Notice of hearing.
1012-2.610 He:lfing.
1011-1.612 Final report and levy.
1012-2.614 Collection of charge.
1012-2.616 Applicable laws.
1012-2.618 Deadlines do not invalidate.
01apter 1012-4 Street Lighting Service Olarge Imposeo
Sections:
1012-4.002
1012-4.004
General.
Use of revenue.
Defini tions
,
General.
County service area.
Miscellaneous extended service.
Service charge.
Procedures
:-
Charge imposed -Operative date.
Computation of street lighting
service charge.
~
I
4 58-1
(CuntI) C"qa ('"lIntr 9-15.79)
GENERAL PRO' 'ONS
1002-2.002-1002-2.004
Division 1002
ENCROACHMENTS
Chapters:
1002-2
1002-4
1002-6
1002-8
General Provisions
Permi ts
Secu ri ty
Requirements
Chapter 1002-2
GENERAL PROVlSIONS*
Sections:
1002-2.002 Defmitions.
1002-2.004 Right of lawful use.
l002-2.006 Exception-County officers.
1002-2.008 Act requiring permit.
1002-2.010 Nonacceptable permit
applications.
1002-2.012 Emergency work
authorization.
1002-2.014 Appeal to board of
adjustmen t.
1002-2.016 Conditions for granting
permit.
1002-2.018 Removal of encroachments.
1002- 2.002 Definitions. As used in this title
the following words and phrases shall have the
meanings given in this section:
(1) "Public highway" means the full width of
the surfaced or traveled portion, including
shoulders, of any road, street, path, lane, or
alley dedicated to, reserved for, or used by or
for the general public when those roads, streets,
paths, lanes, and alleys have been accepted as
and declared to be part of the county system of
public highways, except highways fonning a part
of the state highway system or of an
incorporated city street system.
(2) "Right-of-way" means all land or interest
therein which by deed, conveyance, agreement,
easement, dedication, usage, or process of law is
reserved for or dedicated to the use of the
general public for road or highway purposes.
-For the statutory provisions regarding encroachments on
county roads, see Str. &. H. C. ~ 1450 ff. For the authority to
require and grant permits. see Sir. &. H. C. ~ 1460 ff. For the
provisions regarding obstructions and injuries to county
highways, see Str. &. H. C. ~ 1480 ff.
(3) "Encroach" includes going on, over, or
under, or using any right-of-way so as to
prevent, obstruct, or interfere with the normal
use of that way, including the performance of
any of the following acts:
(A) Excavating or disturbing the
right-of-way;
(B) Erecting or maintaining any post, sign,
pole, fence, on, over, or under the right-of-way;
(C) Planting any tree, shrub, grass, or other
growing thing within the right-of-way;
(D) Placing or leaving on th.e right-of-way any
rubbish, brush, earth, or any material;
(E) Constructing, placing, or mamtaining on,
over, under, or within the right-of-way any
pathway, sidewalk, driveway, or other surfacing,
any culvert or other surface drainage or
subsurface drainage facility; or any pipe,
conduit, or cable;
(F) Traveling on the right-of-way by any
vehicle or combination of vehicles or object of
dimension, weight, or other characteristic
prohibited by law without a permit;
(G) Lighting or building a fIre within the
right-of-way;
(In Constructing, placing, planting, or
maintaining any structure, embankment,
excavation, tree, or other object adjacent to the
right-of-way which causes or will cause an
encroachment.
(5) "Director" means the director of public
works, who is charged with the responsibility of
road commissioner and surveyor. *
(6) "Permittee" means any person, fIrm,
company, corporation, association, public
agency, or organization that proposes to do
work or encroach on a right-of-way as defIned in
this section and has been issued a permit for
encroachment by the director. All obligations,
responsibilities, and other requirements of the
permittee as described in this title shall be
. binding on subsequent owners of the
encroachment. (Prior code ~ 7500: Ord. 1121:
Ord. 1000).
1002-2.004 Right of lawful use. Any permit
granted under this title shall not annul the right
of the county or any person, firm, corporation,
district, or association entitled to use that part
of the public right-of-way for any purpose for
which it may be lawfully used. and no part of
the public highway shall be unduly obstructed at
-For director of public works as statutory office, see Section
24-22.002, this code.
459
(Contra Costa County 3-25.'75)
1002-2.006-1002-2.018
PUB........: WORKS AND FLOOD CONTROL
any time. (Prior code ~ 750 I: Ord. 1000).
1002-2.006 Exception - County officers.
Th.is title shall not apply to any officer or
employee of this county in the discharge of his
official duties. (Prior code ~ 7502: Ord. 1000).
1002-2.008 Act requiring permit. No
person, firm, corporation, or association,
without first obtaining a written permit, shan:
( I) Encroach or make any encroachmen t
within, on, over, or under the limits of any
righ t-of-way;
(2) Make any alteration within, on, over, or
under right-of-way;
(3) Construct, put on, maintain, or leave on a
right-of-way any obstruction or impediment;
(4) Cut, or trim trees or set a fire on a
righ t-of-way;
(5) Place on, over or under a right-of-way any
pipeline, conduit, or other fixture:
(6) Move over the surface of any right-of-way
or over any bridge, viaduct, or other structure
maintained by this county any vehicle or
combination of vehicles or other object of
dimension or weight prohibited by law or having
other characteristics capable of damaging the
right-of-way; or
(7) Place any structure, wall, culvert, or
similiar encroachment, or make any excavation
or embankment so as to endanger the normal
usage of the right-of-way. (Prior code ~ 7503:
Ord. 1000).
1002-2.010 Nonacceptable permit
applications. No application will be accepted,
nor any permit issued for constructing or
maintaining a loading platform within or on the
right-of-way; or for erecting, using or
maintaining a post, pole, column, or structure
for the support of advertising signs within or on
the right-of-way; or for erecting, using, or
maintaining advertising signs which overhang the
right-of-way. Any such encroachment is illegal.
(Ord. 1669: prior code ~ 7504: Ord. 1000).
1002-2.012 Emergency work authorization.
Th.is title shall not prevent any person from
performing emergency maintenance on any pipe
or conduit lawfully on or under any
righ t-of-way, or from making an emergency use
or encroachment necessary to preserve life or
property when an urgent necessity arises, except
that the person making an emergency use or
(Conta Costa County ).25.75)
encroachment of a rig.ht-of-way shall apply for a
written permit within ten calendar days,
beginning with the first business day the county
offices open. Any person requiring an
emergency use or encroachment shall first notify
the director's office. During the hours the
county offices are closed, notice shall be given
the sheriffs office. (Prior code S 7505: Ord.
1121: Ord. 1000).
1002-2.014 Appeal to board of adjustment.
Any person aggrieved by the refusal of a permit
required by this title may appeal to the board of
adjustment. Administration of this title is
referred to the board of adjustment under
Chapter 26-2. (Prior code ~ 7506: Ord. 1000).
1002-2.016 Conditions for granting permit.
If, in addition to the requirements of Chapter
26- 2, the board of adjustment finds all of the
following to be true, the permit shall be granted:
(1) 111at the applicant will be substantially
damaged by the refusal to grant the permit as
requested;
(2) That no other reasonable method of
obtaining the desired results is available except
as proposed by applicant;
(3) That the granting of the permit will not
be materially detrimental to the public interest,
safety, health, and welfare or injurious to other
property. (Prior code S 7507: Ord. 1000).
1002-2.018 Removal of encroachments. (a)
Removal. The dir>:ctor m::!y immediately remove
an encroachment \vhi.~h is an advertising sign or
device of any description, except a notice posted
as provided by law or court order.
(b) Disposition. He may sell, destroy or
otherwise dispose of such an encroachment if it
is unclaimed for ten days after its removal.
(c) Claims. Any person signing a verified
claim of ownership may claim such an
encroachment from the director for ten days
after its removal, by paying 3n amount sufficient
to reimburse the county for the costs of removal
as established by board resolution. (Ord. 74-74:
S.&H. C. S 1480.5).
460
.. -~---------~~-~-_._-----~-_.__.--..._"------".",-"-,-,,,.~._._,_.,-,--",-.-".--~_.,.,..~.."..,_........".~.,".,,' '~'-"-'"._"-"'"----"--"'-"--'~
Chapter 1002-4
PERMITS.
Sections:
1002-4.002 Issuance.
1002-4.004 Application-Exhibits
req uired.
1002-4.006 Application-Consent of
public bodies.
1002-4.008 Special permit required to
move certain objects.
1002-4.010 Term- Beginning of work or
use.
1002-4.012 Term-Completion of work.
1002-4.014 Nontransferable.
1002-4.016 Display requirements.
1002-4.018 Encroachment or use change.
1002-4.020 Fees.
"'-
1002-4.002 Issuance. The written permits
required by this title shall be issued by the
director for any lawful use, subject to conditions
set forth in this title and required by law. The
director shall prescribe and provide a regular
form of application for a permit required by this
title. The application form shall contain space
for the applicant's name and address and the
contractor's name, license number, and primary
place of business, if the applicant proposes to
employ a contractor, together with the detail
that in the judgment of the director is necessary
to establish the purpose and use, location,
dimension, and estimated dates of
commencement and completion of the
encroachment. The application form shall be
completed and signed by the applicant and filed
with the director. (prior code S 7520: Ord.
1000) .
1002-4.004 Application Exhibits
required. The applicant shall enclose with,
attach or add to the application for a permit, a
map, plat, sketch, diagram, or similar exhibit,
when required by the director, of a size and in
the quantity that he may prescribe, on which
shall be plainly shown all information necessary
to locate, delineate, illustrate, or identify the
proposed use or encroachment and the right and
necessity of the applicant to cause such
en croachmen t. If necessary, changes,
-For the statutory provisions regarding the authority of the
county to require permits for encroachment to county roads.
see Str. & H. C. ~ 1460 ff.
RMITS
1002-4.002-1002-4.010
corrections, and notes will be made on the map,
plat, sketch, diagram, or similar exhibit and
these items will become an integral part of the
permit. (Prior code S 7521: Ord. 1000).
1002-4.006 Application Consen t of
public bodies. The applicant shall also enclose
with, attach to, or add to the application copies
of the written order or consent to any work
under the permit, required by law, of the Public
Utilities Commission, sanitary districts, water
districts, or any other public body having
jurisdiction. A permit shall not be issued until
the order or consent, if required, is first
obtained and evidence of it filed with the
director. The permittee shall keep himself
adequately informed of all state and federal laws
and local ordinances and regulations which
affect the permit. The applicant at all times shall
comply with and shall cause all his agents and
employees to comply with all such laws,
ordinances, regulations, decisions, and court and
similar authoritative orders, and shall protect
and indemnify the county and all of its officers,
agents, and employees against any claims or
liability proximately caused by the violations of
such law, ordinance, regulation, or order issued
under police power and in accordance wi th law,
whether by himself or his agents or employees.
(prior code S 7522: Ord. 1000).
1002-4.008 Special permit required to move
certain objects. Before a velucle or combination
of vehicles or objects of weight, dimension, or
characteristic prohibited by law without a
permit, is moved on a public right-of-way, a
permit shall first be granted by the director as
set forth in specifications adopted by resolution
of the board of supervisors. (Prior code S 7523:
Ord. 1000).
1002-4.010 Term - Beginning of work or
use. The permittee shall begin the work or use
authorized by a permit issued under this title
within ninety days from date of issuance, unless
a different period is stated in the permit. If the
work or use is not begun within ninety days, or
within the time SLated in the permit, then the
permit shall become void, unless before its
expiration the time for beginning has been
extended in writing by the directnr. A permit
for temporary encroachments, as determined by
the director, for continuing a use or maintaining
a temporary encroachment previously
461
(Contra Costa County 3-15.78)
1002-4.012-1002-6.002
LlC WORKS AND FLOOD CONT~
authorized, shall be valid for a term of one year
from date of issuance, unless the permit specifics
othenvise, or unless sooner terminated by
discontinuance of the use, removal of the
encroachment, or termination of the permit by
written order of the director mailed thirty days
before the date of termination. (Prior code S
7524: Ord. 1000).
1002-4.012 Term - Completion of work.
The permittee shall complete the work or use
authorized by a permit within the time specified
in the permit. If at any time the director finds
that delay in beginning, prosecuting, or
completing the work or use is due to lack of
diligence by the permittee, he may cancel the
permit and restore the right-of-way to its former
condition. The permittee shall reimburse the
county for all expenses incurred by the director
in restoring the right-of-way, plus fifteen percent
as administrative costs. (prior code ~ 7525: Ord.
1000).
1002-4.014 Nontransferable. No permit
issued under this title is transferable. The
person, public agency, firm, or corporation
actually making or maintaining the
encroachment shall obtain the permit and
furnish the bond. (prior code ~ 7526: Ord.
1000).
1002-4.016 Display requiremen ts. The
permittee shall keep any permit issued under
this title at the site of work, or in the cab of a
vehicie when its movement on a public highway
is involved, and the permit must be shown to
any authorized representative of the director or
law enforcement officer on demand.
A permit issued for continuing use or
maintenance of an encroachment may be kept at
the place of business of the permittee or
otherwise safeguarded during the term of
validity but shall be made available to an
:luthorized representative of the director or law
enforcement officer within a reasonable time
after demand. (Prior code ~ 7527: Ord. 1000).
1002-4.018 Encroachment or use change.
No changes shall be made in the location,
dimensions, character, or duration of the
encroachment or use granted by the permit
except on written authorization by the director,
but no permit shall be required for the
continuing use or maintenance of
(Contra Costa County ).t 5.78)
encroachments installed by public utilities or for
changes to them where the changes or additions
require no excavation of the right-of-way. (Prior
code S 7528: Ord. 1000).
1002-4.020 Fees. The schedule of fees will
be those recommended by the director and
established and adopted by the board of
supervisors from time to time by resolution.
Before a permit is issued the applicant shall
deposit with the director for payment to the
treasurer of the county cash or check in a
sufficient sum to cover the fee for issuance of
the permit, charges for field investigation, and
the fee for necessary inspection, all in
accordance with schedules established and
adopted by the board of supervisors.
Public utilities and political subdivisions, at
the director's option, may make payment for
the above chat\ges as billed by the county
instead of advance deposit as required above.
(Prior code S 7529: Ord. 1000).
Chapter 1002-6
SECURITY*
Sections:
1002-6.002 Cash deposit.
1002-6.004 Bond in lieu of cash deposit.
1002-6.006 Annual bond.
1002-6.008 Additional bond or cash
deposit.
1002-6.010 Condition of bond or cash
deposit.
1002-6.012 Payable to county-Release.
1002-6.014 Certificate of insurance in
lieu of cash deposit or
bond.
1002-6.016 Certificate of liability
insurance.
1002-6.002 Cash deposit. Unless this
section is waived in the permit and before a
permit is effective, an applicant shall deposit
with the director or an agent authorized by
resolution of the board of supervisors cash or a
certified or cashier's check in a sum to be fixed
by the director as sufficient to reimburse the
county for costs of restoring the right-of-way to
.For the statutory provisions authorizing the county to require a
bond in such amount as deemed sufficient, see SUo &. H. C. 0
1467.
(
.,
46~
its former condition, based on the schedules. if
any, adopted by resolution of the board of
supervisors; but an applicant may file a cash
deposit on an annual basis in a sum estimated by
the director as sufficient to cover his activities
during any twelve-month period. (Prior code S
7540: Ord. 1000).
1002-6.004 Bond in lieu of cash deposit.
Instead of the cash deposit prescribed by
Section 1002-6.002, the applicant on approval
by the director may file a cash deposit in the
minimum sum established by the schedules, if
any, adopted for that purpose by the board of
supervisors and in effect at the time of
application for a permit. The balance of the sum
fixed by the director as sufficient to reimburse
the county for expenses incurred in restoring the
right-of-way to its former condition may be filed
in the form of an approved surety bond issued
by a company authorized to do a general surety
business in the state. (Prior code S 7541: Ord.
1000).
1002-6.006 Annual bond. Instead of a cash
deposit, the applicant, on approval by the
director, may annually file with the director an
approved surety bond issued by a company
authorized to do a general surety business in the
state, in a sum fixed by the director as sufficient
to reimburse the county for expense:; to be
incurred in restoring the right-of-way to its
former condition, subject to the schedules. if
any, adopted by resolution of the board of
supervisors. (prior code S 7542: Ord. 1000).
1002-6.008 Additional bond or cash
deposit. The director may require an additional
bond or cash deposit at any time that evidence
indicates that the amount of the bond or cash
deposit previously made is insufficient to cover
the cost of restoring the right-of-way to its
former condition, subject to the schedules, if
any, adopted by resolution of the board of
supervisors. (Prior code S 7543: Ord. 1000).
1002-6.010 Condition of bond or cash
deposit. The condition of any bond or cash
deposit made under this title shall be that the
permittee comply diligently and in good faith
with this title and the terms and conditions of
the permit. (Prior code S 7544: Ord.lOOO).
1002-6.012 Payable to county - Release.
REQUIRE~ENTS
1002 -6.004-1002-6.016
Any bond or cash deposit required by the
director under this title shall be payable to the
coun ty and shall be filed with the director, who
shall release it ninety days after satisfactory
completion of all work authorized in the permit
and fulfillment of all conditions of the permit.
(Ord. 75-51).
1002-6.014 Certificate of insurance in lieu
of cash deposit or bond. The public works
director may waive the provisions of this chapter
relating to cash deposit or surety bond for
permits required under Section 1002-4.008,
except where permits are also required under
Chapters 714-2 through 714-6, upon satisfactory
proof by certificate of insurance that the
permittee is adequately insured to assure
reimbursement to the county for repair of any
damage caused to county property. (Ord. 1697:
prior code S 7546).
1002-6.016 Certificate of liability
insurance. In addition to the other requirements
of this chapter, the director may require
satisfactory proof by certificate of insurance
that the permittee has in force a valid public
liability insurance policy which includes the
county, its officers, employees and agents as
additional insureds. When so required, the
insurance coverage shall be in an amount the
director deems sufficient to adequately protect
the additional insureds from liability for
damages to person(s) or property(s) arising from
the activities related to the permit. (Ord.
77-103).
Chapter 1002-8
REQUIREMENTS
&::tions:
1002-8.002 Safeguards required.
1002-8.004 Start of work.
1002-8.006 Completion of work.
1002 -8.008 Drainage.
1002-8.010 Interference with travel
of public.
1002-8.012 Restoration of right-of-way.
1002 -8.014 Relocation or removal of
installations.
1002-8.016 Repair work supervision and
inspection.
1002-8.018 Storage of material.
463
(Contra Costa County 3-1 So,
1002-8.002-1002-8.010
PUBLIC WORKS AND FLOOD CONTROL
1002-8.020 Pipes and conduits-
Generally.
1002-8.022 Pipes and conduits-Minimum
cover.
1002-8.024 Backfilling.
1002-8.026 Poles and transmission line
carners.
1002-8.028 Aids to visibility.
1002-8.030 Movemen t of vehicles.
1002-8.032 Mailbox placement.
1002-8.034 Tree-Planting and maintenance.
1002-8.036 Tree-Trimming and removal.
1002-8.038 Hedge and fence-Permit
req uired.
1002-8.040 Hedge and fence-Maintenance.
1002-8.042 Lawns.
1002-8.044 Marking of streets, curbs and
sidewalks.
1002-8.046 Monuments.
1002-8.002 Safeguards required. The
permittee, in the conduct of the work, use, or
maintenance of an encroachment authorized by
a permit issued under this title, shall provide,
erect, or maintain the lights, barriers, warning
signs, patrols, watchmen, and other safeguards
necessary to protect the traveling public. Any
omission on the part of the director to specify in
the permit what lights, baniers, or other
protecti ve measures or devices shall be provid ed,
erected, or maintained by the permittee, or the
fact that the director may not specify sufficient
lights, barriers, or other protective measures or
devices, shall not excuse the permittee from
complying with all requirements of law and
appropriate regulations and ordinances for
adequately protecting the safety of the traveling
public. If at any time the director finds that
suitable safeguards are not being provided, the
county may provide, erect, maintain, relocate,
or remove the safeguards deemed necessary or
may cancel the permit and restore the
right-of-way to its former condition, all at the
expense of the permittee.
A permittee making any excavation or leaving
any obstruction within, under, or on the
right-of-way, or causing the same to be made,
erected, or left, shall place and maintain lights at
each end of thp. excavation or obstruction, at
not more than fifty-foot intervals along the
excavation or obstruction, from one-half hour
before sunset of each day to one-half hour after
sunrise of the next day, until the excavation is
entirely refilled or the obstruction removed and
(Conlra Costa County 3-15-78)
the right-of-way made safe for use. In addition
reflectorized warning signs conforming to th~
requirements of the California Division of
Highways shall be placed two hundred and four
hundred feet from each excavation or
obstruction, in a position adequately to warn
public traffic.
The warning signs, lights, and other safety
devices shall conform to the requirements of
Section :2 1406 of the Vehicle Code of the state
and of any sign manual issued by the
Department of Public Works of the state. (Prior
code S 7560: Ord. 1121: Ord. 1000).
1002-8.004 Start of work. Unless otherwise
exempt in the permit, the permittee shall notify
the director of the time of beginning work
before beginning any work which includes:
(1) Excavation; or
(2) Construction of concrete sidewalks,
curbs, gutters, or driveway approaches; or
(3) Planting, trimming, or removing trees; or
(4) Making, placing, or causing an
obstruction in the right~f-way. (Prior code S
7561: Ord. 1000).
1002-8.006 Completion of work. Unless
this section is waived in the permit, the
permittee shall notify the director of the
completion of all work. No work shall be
deemed completed until notice of completion is
gi ven under this section. (prior code S 7562:
Ord.lOOO).
1002-8.008 Drainage_ If the work, use, or
encroachment authorized in a permit issued
under this title interferes with the established
drainage, the permittee shall provide for proper
drainage as approved by the director and shall
comply with the requirements of Division 1010.
(Prior code @ 7563: Ord. 1000).
1002-8.0 I 0 Interference with travel of
public. All work or use shall be planned and
executed to cause least interference with the
safe and convenient travel of the general public
at the place where the work or use is authorized.
At no time shall a public highway be closed or
its use denied to the general public without the
written permission of the director, nor shall use
of private property be interfered with
unreasonably without the consent of the owner.
(Prior code ~ 7564: Ord. 1000).
464
___."_..,_.,_._.."___._~,~.."~_.._,_.__..<__..~__".____..~.,.h_'____""""_~_"_'_'>__'+__~"___'____~_"____.,._..~.._.~_~._~_.,__._.~__~._______" '._---"'4'----
1002-8.012 Restoration of right-of-way. On
completion of the work, acts, or things for
which a maintenance or encroaclunent permit
was issued, or when required by the director, the
permittee shall replace, repair, or restore the
right-of-way as provided in this title and adopted
specifications, or as directed by the director
within the limits of the specification. The
permittee shall remove all obstructions,
impediments, material, or rubbish caused or
placed on the right-of-way and shall do any
other work or perform any act necessary to
restore the right-of-way to a safe and usable
condition, as directed by the director.
After completion of all work, the permittee
shall exercise reasonable care in inspecting and
maintaining the area affected by the
encroachment. On notice from the director the
permittee shall immediately repair any injury,
damage, or nuisance in any portion of the
right-of-way resulting from the work done under
the permit. If the permittee fails to act promptly
or if the exigencies of the injury or damage
require repairs or replacement to be made before
the permittee can be notified or can respond to
notice, the county at its option may make the
necessary repairs or replacements or perform the
necessary work and the permi ttee shall be
charged the actual costs of labor and materials,
plus fifteen percent as administrative costs. By
acceptance of the permit, the permittee agrees
to comply with this section. (Prior code ~ 7565:
Ord. 1000).
1002-8.014 Relocation or removal of
REQUIR
464-1
~NTS
:-
1002-8.012-1002-8.014
(Contra Costa County ).15.78)
installations. If any future construction,
reconstruction, or maintenance work on a public
right-of-way requires the relocation or removal
of installations or encroachments in, on or under
the public right-of-way, the permittee owning,
controlling, or maintaining the installations or
encroachments shall relocate or remove them at
. his sole expense; but this provision shall remain
in effect only so long as the right-of-way on
which the installations or structures are located
is used for usual highway purposes and not as a
freeway, and this provision shall cease to apply
when the highway becomes a freeway. When
removal or relocation is required, the director
shall give the permittee a written demand
specifying the place of relocation, or that the
installations or encroaclunent must be removed
from the right-of-way, and specifying in the
demand a reasonable time within which the
encroachment must be removed or relocated. If
the permittee fails to comply with instructions.
the county may cause the removal or relocation
of the encroachment at the expense of the
permittee. (Prior code ~ 7566: Ord. 1000).
1002-8.016 Repair work supervision and
inspection. All encroachment repair work done
under a permit issued under this title shall
conform to specifications established by the
director or, in the absence of established
specifications, to recognized standards of
construction and approved practices in
connection with such work. All encroachment
repair work s..~all be done subject to approval of
the director.
Unless otherwise noted on the permit all
encroachment repair work performed on any
public highway or right-of-way under the
jurisdiction of the county shall conform to the
construction specifications contained in the
current edition of the Standard Specifications of
the state of California, issued by the Department
of Public Works, Division of Highways, as may
be amended by special provisions adopted by
the board of supervisors. (Prior code ~ 7567:
Ord. 1000).
1002-8.018 Storage of material. No material
shall be stored within five feet of a public
highway. Excess earth materials from trenching
or other operations shall be removed from the
pavement, traveled way, or shoulder as the
trench is backfilled or other work carried
forward unless otherwise approved by the
REQUIREMENTS
1002-8.016-1002-8.026
Jirct.:tor. (Pnor code 9 7568: Ord. 1000).
1002-8.020 Pipes and conduits - Generally.
Utility, service, and other small diameter pipes
or rigid conduits shall be jacked. bored, or
driven, or otherwise forced underneath a paved
surface. The paved surface of a road shall not be
cut, trenched, or otherwise disturbed unless
specifically authorized in the permit. No
tunneling will be permitted except as specifically
set forth in the permit. (Prior code ~ 7569: Ord.
1000).
1002-8.022 Pipes and conduits - Minimum
cover. The minimum cover over all pipes or
conduits larger than two and one-half inches
installed within the right-of-way shall be three
feet of earth or imported material, unless
otherwise specified in the permit. Within the
public highway, the minimum cover of three
feet shall be measured from the surface, existing
or planned. The director is authorized to permit
installation of pipes or conduits where three feet
of cover cannot be provided because of
topography, structures, or other engineering
necessity. (Prior code ~ 7570: Ord. 1000).
1002-8.024 Backfilling. Backf1lling and
compaction of an excavation shall accord with
specification established by the director and
adopted by resolution of the board 0f
supervisors, both as to material and method.
(Prior code ~ 7571: Ord. 1000).
1002-8.026 Poles and transmission line
carriers. Oearances and types in the
construction of poles and transmission line
carriers shan a~cord with rules, regulations. and
orders of the Public Utility Commission and
other public agencies having jurisdiction.
No guy wires shall be attached to trees
without specific authorization in the permit. and
in no event shall guy wires be attached to girdle
the tree or interfere with its growth. Guy wires
shall not be below the minimum elevation above
the ground prescribed in the rules, orders, and
regulations of the Public Utilities Commission.
The permittee shall remove and keep clear all
vegetation on the right-of-way within a radius of
at least five feet of poles when ordered by the
director.
When a pole, guy, stub, or similar timber is
removed and not replaced. the entire length shall
be removed from the ground and the hole
465
1002-"'.021.<- t 00:-8.036
PUBLIC WORKS. AND FLOOD CONTROL
backfilled ,Jno I.:ompacted. (Prior code ~ 7572:
Ord. 1000).
1002-8.028 Aids to visibility. When the
location or position of a pole or other
obstruction makes accentuation of its visibility
to vehicular traffic necessary, the director may
require that the pole or other obstruction be
painted or equipped with reflectors or other aids
to visibility prescribed or authorized by the
Public Utilities Commission or the Department
of Public Works of the state of California, at the
expense of the pennittee. (Prior code ~ 7573:
Ord. 1000).
I 002-8.030 ~'Iovement of vehicles. (a) When
authorized, by a pennit issued under Section
1002-4.008. to move a vehicle or combination
of vehicles or load of dimension, weight, or
other characteristic generally prohibited by law.
the permittee, unless exempt by SJ'(:cial permit,
shall comply with the general law regulating
travel over a road or highway, including:
(I \ Posted signs or notices which limit speed
or di.-ection of travel;
(2) Weight which may be placed on a
structure;
(3) The width or height that may be moved;
or
(4) Other restrictions or control of travel on
a road or highway.
(b) The pcnnittee at all times shall conform
to and abide by the practice and piOcedure
necessary to make safe and convenient the travel
of the general public and to keep safe and
preserve the road or highway over and on which
movemen t is being made. Any violation of this
section shall automatically cancel the permit
issued to the permittee. (Prior code ~ 7574:
Ord. 11 ~ I . Ord. 1000).
l002-8.0JZ Mail box placement. All mail
boxes shall be placed in accordance ",ith tI,e
rules and regulations of the United States Post
Office Department. but no box shall be so
placed ",ithin the road right-of-way as to
endanger the life or safety of the traveling
public. A permit is not required for the placing
of mail boxes. (Prior code ~ 7575: Ord. 1000).
1002-8.034 Tree Planting and
maintenance. ApplicJtions for permits to plant
trees in thl.: right-of-way shall be made on a form
prescribed by the director. The form shall
include, in addition to the other requirements,
an agreement by the applicant to maintain the
trees in a neat, healthy, and safe condition to
the satisfaction of the director, and an
agreement to remove the trees as directed by the
director and to pay the cost of remo.val on the
permittee's failure promptly to remove the trees
on direction of the director. The application
shall show the exact location and kind of trees
to be planted, and no change shall be made
either in the location or kind of trees without
the written approval of the director.
All trees placed in the right-of-way shall be
maintained by the permittee or his successor in
interest or by some other interested p~' in a
neat, healthy, and safe condition to the
satisfaction of the director and at no expense to
the county. If the encroachment is not located
or maintained as specified in this section, the
director may direct the permittee to remove the
encroachment and restore the right-of-way to its
former condition at the expense of the
permittee. If the permittee fails promptly to
remove the encroachment as directed, the
director shall have the right to remove it and
collect the cost of Iemoval from the permittee,
together with all of the county's costs and
expenses in enforcing collection.
The director shall refuse to issue a permit
authorizing the planting of trees in the
right-of-way when ill his judgment the location
as described in the application or the nature of
the growth above or below ground of the kind
of tree proposed will impede or inconvenience
public travel, unduly disturb the right-of-way.
interfere with the construction or maintenance
of necessary facilities. or interfere with existing
pipe lines, utility installations, or other facilities
lawfully placed within the right-of-way. (Prior
code ~ 7576: Ord. 1121).
1002-8.036 Tree - Trimming or removal.
Trimming of trees will be permitted only when
and in the manner authorized by a permit issued
under this title so that the shapeliness of the tree
may be preserved.
All application for removal of a tree will be
approved and permit issued only when a
necessity for removal exists. When a tree is
removed under authority of a permit, the entire
stump shall be taken out for a distance of at
least two feet below the ground surface unless
otherwise specified in the permit, and the hole
shall be backfilled and tamped. All debris from
466
PIP-tUNE. F~ANCHlSES
1002-H.038 t 002"-8:046
trimming or removal shall be removed from the
site and the nght-<>f-way restored to its former
condition. (Prior code ~ 7577: Ord. 1000).
1002-8.038 Hedge and fence - Permit
required. No hedge, shrub, or other planting
whatever, or fence or similar structure, except as
provided in Section 1002-8.042, shall be
planted, erected, or maintained in a right-of-way
without a pennit.
No hedge, shrub, or other planting whatever
or fence or similar structure shall be main tained
across any existing walkway in a sidewalk area
or shoulder. "The intent of this restriction is to
keep a walkway free for pedestrian or other
lawful public travel without interference by or
with vehicular travel. No encroachment will be
permitted or maintained which impedes.
obstructs, or denies pedestrian or other lawful
travel within the limits of the right-of-way of a
public highway or impairs adequate sight
distance for safe pedestrian or vehicular traffic.
(Prior code ~ 7578: Ord. 1000).
1002-8.040 Hedge and fence
Maintenance. The pennittee or property owner
shall maintain the hedges, shrubs, or other
planting, or fence or similar structure, used for
landscaping purposes in a nea t and orderly
condition at all times. If the encroachment is
not maintained as specified in this section, or is
located in violation of Section 1002-8.038, the
director may direct the permittee or property
owner to remove the encroachment and restore
the right-of-way to its former condition at the
expense of the permittee or property owner.
(Prior code 97579: Ord. 1000).
'002-8.042 Lawns. Other provisions of this
title notwithstanding, it is lawful for a person,
fInn, or corporation or other body of persons to
plant and maintain a lawn or similar ground
cover of any grass or type not otherwise
prohibited by law within the right-of-way
without a written pennit. However, the lawn or
similar ground cover shall not extend into the
traveled way nor into the drainage ditches,
gutter, or other drainage facilities.
The general public shall not be denied the use
of a planted area for pedestrian travel or other
lawful use. The county may use the planted area
for any purpose and may issue a permit to any
applicant to go on the planted area to perform
work or otherwise encroach under this title. If
the lawn or Similar ground cover IS damaged or
distrubed 10 the course of an authOrIzed
encroachment. the permittee will be held
responsible for the replacement unless the
permit specifically states otherwise. (Prior code
9 7580: Ord. I 12\ : Ord. 1000).
1002-8.044 Marking of streets, curbs and
sidewalks. No person, without first obtaining a
permit, shall solicit on a commercial or donation
basis to place or maintain any number, figure.
letter, carving, drawing, design, or other marking
on any street, sidewalk, or curb. Temporary
markings to identify surveyor construction
locations shall not be subject to this section.
(Prior code 9 7581: Oid. 1000).
1 002.~.046 Monuments. Any monument or
granite. concrete, iron. or other lasting material
set for the purpose of locating or preserving the
lines or elevation of any public highway or
right-of-way, property subdivision, or a precise
survey point or reference point shall not be
removed or disturbed without fIrst obtaining
permission from the director. Permission shall be
granted in conformance with requirements set
forth in specifications adopted by resolution of
the board of supervisors. Replacement of
removed or disturbed monuments shall be at the
expense of the permittee. (Prior code 9 7582:
Ord. 1000).
Division 1004
FRANCHISES IN COUNTY ROADS
(Reserved for future legislationl
Chapters:
1004-2 Pipeline Franchises
Chapter 1004-2
PIPELINE FRANCHISES
(Reserved for fu ture legisla tion l
467
1006- 2.202
PUBLIC WORKS AND FLOOD CONTROL
Division 1006
ROAD DEDICATIONS AND.
SETBACKS.
Olapters:
1006-2 Road DedIcation and Improvement
1006-4 Setback Requirements
Olapter 1006-2
ROAD DEDICATION AND
lMPROVEMENT
Article 1006-2.2 Intent and Objectives
Sections:
1006- 2.202 Findings -General
1006- 2.204 Findings-Cost.
1006-2.206 Intention.
1006- 2.208 Objectives.
Article 1006-2.4 Requirements and Exceptions
Secdons:
1006-2.402 Requirements generally.
1006-2.404 Applicable zoning districts.
1006-2.406 Maximum dedication.
1006-2.408 Existing improvements in
right-of-way.
1006-2.410 No building in dedicated
area.
1006-2.412 Construction-Exceptions.
Article 1006-2.6 Procedure
Sections:
1006-2.602 Procedure-Generally.
1006-2.604 Procedure-Dedication
assurance.
1006-2.606 Pro\:edure-Improvement bond.
1006- 2.608 Improvement default.
1006-2.610 Procedure-Bond term and
completion.
1006-2.612 Procedure-Improvement
assurance-Notice.
1006-2.614 Procedure-Building permit
issuance.
Article 1006- 2. 8 Fees
Sections:
1006-2.802 Fees-None required.
-For the SUtulOry prOVISions rquding irrevocable otTen to
dedicate land for public PUlpOR" ICe Gov. C. f 1050.
For buildinc permit proviSions. see Chapter 1~. this code.
Article 1006-2.10
Section.:
1006-2.1002
1006-2.1004
Road Standards
Road standards-Improvemen ts.
Road standards-Principal
thoroughfares- Type A-
1006- 2.1006 Road standards-Principal
thorough fares- TYpe B.
1006- 2.1 008 Road standards-General
thoroughfares.
1006- 2. 1 010 Road standards-General
arterials.
1006- 2.101 2 Road standards-Industrial
arterials.
1006-2.1014 Road standards-Property
line returns.
1006-2.1016 Road standards-Improvement
agreemen t.
1006-2.1018 Road standards-Improvement
placement and construction.
Article 1006-2.12 Deviadons and Special
RequirementD
Sections:
1006-2.1202
1006-2.1204
1006-2.1206
1006- 2.1 208
1006-2.1210
1 006-2.1 21 2
I 006-2. 1 214
1 006-2. 1 2 16
Article 1006-2.14
Sections:
1006-2.1402
1006-2.1404
1006- 2. 1406
I 006-2. 1408
Deviations.
Road width review and
findings.
Road access.
Notice to building pennit
applicant.
Acceptance of building
permi t.
County participation.
Director determines road
alignmen t.
Lots affected by road
widening.
Appeal
Appeal-Applicability .
Appeal- To commission.
Appeal- To board.
Appeal-Modifications.
Article 1006-2.2
Intent and Objectives
1006-2.202 Findings - General. In enacting
this chapter the board of supervisors fmds that
the county has experienced explosive increases
in population and motor vehicle operation, and
extensive changes from the fonner
predominently agricultural uses to land
development for high-activity purp<>ges other
than agricultural with attendant building
construction, which factors directly result in
468
ROAD DEDICATION AND IMPROVEMENT
rapIdly rendering the present Internal road
system inadequate In width and development to
provide minimum acceptable sel"lIce capacity to
the lands being developed, which inadequacy is
growing at an increasing rate. TIle indirect result
of these factors of change and growth is to
increasingly tend to deny to the public the use
of roads of minimum standards for safe and
convenien t vehicular and pedestrian access and
travel between many points inSIde and outside
the county. (Ord. 71-20 S I (part), 1971).
1006-2.204 Findings - Cost. This board
further finds that the total cost of correcting
county road system deficiencies substantially
exceeds the total funds available to the county
for this purpose, ::.nd that unless measures are
taken to provide for ~h~ orderly and systematic
increase in width, capacity and improve~~nt of
the county roads when and as the develop:nent
of land as aforesa:ti :akes place, the citizens of
this county will early suffer a condition of blight
with pernicious effect upon the economic
welfare, public convenience and general
prosperity of the county. (Ord. 71-20 S 1 (part),
1971 ).
1006-2.206 Intention. Therefore, the
provisions of this chapt~r are intended to C:et!:1e
the requirements ana procedures fo. the
dedication of right-of-way and the improvement
of those roads shown on the county major roads
plan, a portion of the circulation element of the
general plan of Contra Costa County, (approved
by the board and in the public works
department) in COi1nection with the issuance 0f
building permits 0:- I::.nd use permits in certain
land use districts in order to accomplish the
objectives set forth in Section 1006-2.208. (Ord.
71-20 S 1 (part), 1971).
1006-2.208 Objectives. The objects of these
provisions are:
(I) To insure conformity to the Subdivision
Map Act and to Title 9, and to extend the
application of the basic requirements thereof to
land development in which no subdivision is
involved;
(2) To spread the costs of required public
improvements upon the abutting properties as
contemplated by law:
(3) To cause the installation of those
improvements necessary to properly serve the
property developed. at the time of its
1006-2.204-1006-2.406
development. so that the benefited rmperty
may enjoy the use of such Improvclllt'llb
throughout the normal life thereof. and so that
such improvements are not indefinitely deferred
to the detriment of the public interest. safety
and welfare;
(4) To protect the public's vested Interest III
the pre-existing capacity of this county's streets
and highways. and to provide a policy for public
participation in the widening and improvement
of streets and highways when necessita tcd by
development of abutting property;
(5) To prevent the dissipation or Ilnprorer
use of the county's general operating Jnd
maintenance funds in providing these
improvements or in maintaining faulty or
substandard installations; and
(6) To protect the public health. sJ.fety.
living standards and common welfare of the
general public. (Ord. 71-20 S I (part), 1971).
Article 1006-2.4
Requirements and Exceptions
1006-2.402 Requirements generally. No
building or structure shall be erectcd or
enlarged, and no building permit shall bc issued
therefor. on any lot in any district se~ forth In
Section 1006-2.404 or on any lot where J
variance or land use permit is conditioned on
compliance with this chapter, if such lot ahuts J
principal thoroughfare or arterial as shown on
"The County Major Roads Plan," unless the
one-half of the planned road which is located on
the same side of the road's center (as shown Oil
the plan) as such lot has been dedicated and
improved for the full frontage width of the lot,
or such dedication and improvement has been
assured. (Ord. 71-20 ~ I (part), 1971).
1006-2.404 Applicable zoning districts. 'This
chapter shall be applicable to the following
zoning districts:
F-R, F-I, \1-1, M-2, M-3, M-4, T-I. P-I. 1"1-8.
planned N-B. R-B, special R-B, G-l, C, 0-1, A-G,
C-M, W-3, L-I and H-l. (Ord. 72-44 S 2, I (J72
Ord. 71-20 S 1 (part), 1971).
1006-2.406 :\laximum dedication. (a) The
maximum area of land required to be dedicated
in accordance with this chapter shall not exceed
twenty-five percent of the area of any such Int
which was of record in the county re:::ordcf'c
office. as of April I, 1971.
469
1006-1.408.. 1006-2.610
PUBLIC WORKS AND FLOOD CONTROL
(b) Unl~ss a vanance IS granted, no
dedication ~hall be required by this chapter
which reduces the lot below:
( I) The minimum for the zoning district
involved or for Section 82-10.004: or
(2) A width of fifty feet; or
(3) An area of five thousand square feet.
(c) No dedication shall be required of any
land under a building (as derIDed in Section
82-4.210) which existed on April I. 1971. (Ord.
n-20 ~ I (part), 1971).
I 006- 2. 408 Existing improvemen t3 In
right-of-way. No additional improvements shall
be required on a lot where complete roadway,
curb, gutter and sidewalk improvements exist
within the present road right-of-way contiguous
thereto: bu t addi tional right-of-way may be
required to be dedicated to conform to future
road widths. (Ord. 71-20 s I (part), 1971).
1006-2.410 No building in dedicated area.
After March 31, 1971. no person shall erect any
building or structure within the area(s) required
to be dedicated by this chapter. (Ord. 71- 20 ~ I
(part), 1971).
1006-2.412 Construction Exceptions.
The provisions of this chapter shall not apply to
the following construction:
(I) One single family dwelling (with
customary accessory buildings) when erected on
a vacant lot.
(2) Additions, and accessory buildings
incidental. to a residential building legally
existing on J lot. if no additional dwelling units
are created; or
(3) Addi tiolls. and accessory buildings
incidental. to J nonresidential building existing
on April I. 11)71. if their total cumulative floor
area is n'J! o"'~r two hundred square feet. (Ord.
71- 20 ~ I (parr). I 971 ).
Article 1006-2.6
Procedure
1006-2.601 Proce'dure - Generally. Any
person req llired to dedicate land by the
provisions of this chapter shall deliver an offer
to dedkate. properly executed by aU parties
owning an interest. inCluding beneficiaries and
trustees in deeds of trust. as shown by a current
title report, furnished by the applicant, and
acceptable to the public works department. The
offer shall:
( I) Be on a fonn approved by the county
counsel and the public works director;
(2) Be in such terms as to be binding on the
owner, his heirs, assigns or successors in interest;
and
(3) Continue until the board of supervisors
accepts or reject it. The applicant Shall rue the
offer with the public works department, which
(if it finds it to be in order) shall present it to
the board. Within twenty days, the board shall
accept or reject the offer for recordation. If it is
accepted, its clerk shall notify the building
inspection department and promptly record the
offer with the county recorder. (Ord. 71- 20 ~ I
(part),1971).
1006-2.604 Procedure Dedication
assurance. Dedication(s) hereunder shall be
considered as satisfactorily assured when the
board accepts for recordation the offer to
dedicate. (Ord. 71-20 S I (part), 1971).
1006-2.606 Procedure Improvement
bond. Any person required by this chapter to
make improvements sha.ll rue with the public
works director a bO'1d in such an amount as the
director determines to be necessarf to complete
all of the improvments required. Such bond may
be either a cash bond. or a bond executed by the
lot owner as principal and a company authorized
to act as a surety in this state. The bond shaH be
payable to the county and be conditioned upon
the faithful performance of all required work;
:Jnd :t shall provide that if such work is not
completed within the time specified, the county
may have it completed. and the parties
executing the bond shall be firmly bound under
a continuing obligation for the payment of all
necessary costs and expenses incurred in the
construction thereof. (Ord. 71-20 9 I (part),
1971 ).
1006-2.608 Improvement default. On any
default or failure on the part of the owner
(principal) to fully, faithfully and properly do or
complete any of the required improvements, the
county may have part of all of the work done,
and may collect the costs caused thereby from
the cash deposit (refunding any remainder) or
enforce collection thereof under the surety
bond. (Ord. 71-20 ~ I (part), 1971).
1006- 2.6 10 Procedure - Bond term and
completion. The term of the (cash and/or
470
ROAD DEDICATION ANI.) IMPROVEMENT
surety) bond required hy this charter ~;h;J" hq~ln
when the cash IS depsoitetJ or the surety hond IS
filed, and shall end when the public works
director aCl,;cpts in writing the required
improvements as completed to his satisfaction,
after which the deposit and/or surety bond shall
be refunded and/or exonerated as appropriate.
(Ord. 71-20 ~ I (part), 1971).
1006-2.6 t 2 Procedure Improvement
assurance - Notice. Improvements hereunder
shall be considered as satisfactorily assured when
the public works director accepts the cash or
surety bond hereunder or accepts the required
improvements as completed to his satisfaction;
and he shall notify the building inspection
department when improvements have been
assured. (Ord. 71-:W ~ I (part), 1971).
1006-2.614 Procedure - Building permit
issuance. When all dedication(s) and
improvement(s) required by this chapter have
been satisfactorily assured, a building pennit
may be issued. (Ord. 71-20 ~ I (part), 1971).
Article 1006-2.8
Fees
1006-2.802 Fees None required.
Notwithstanding any other provisions of this
code, no fees shall be charged for any service by
the county in connection with any dedication or
improvement required by this chapter and not a
part of a subdivision or conditional use pelJllit
proceeding. (Ord. 71-20 ~ I (part), 1971).
Article 1006-2.10
Road Standards
1006-2.1002 Road standards
Improvements. For the purposes of this chapter,
all principal thoroughfares and arterials shall be
constructed, improved. and dedications made
therefor in accordance with the following
standards (insofar as this is practicable and will
not create an undue hardship) and with the
county major roads plan, a portion of the
circulation element of the general plan of Contra
Costa County. (Ord. 71-20 ~ I (part), 1971).
1006- 2.1004 Road standards - Principal
thoroughfares Type A. Principal
thoroughfares, type A. shall be dedicated to a
width of one hundred ten feet, with seventy two
I 006- 2. 6 I 2 - 1 006- 2. I 0 I 4
feet of roadway, twenty feet of Sidewalk are;1
and eighteen feet dividing strip. Each one-half of
the road shall consist of nine feet of dividing
strip, thirty-six feet of paved roadway, curbs and
gutters, and ten feet of sidewalk area with at
least four and five-tenths feet thereof paved.
(Ord. 71-20~ I (part). 1971).
1006-2.1006 Road standards - Principal
thoroughfares Type B. Principal
thoroughfares, type B, shalt be dedicated to a
width of one hundred feet, with sixty-four feet
of roadway, twenty feet of sidewalk area and
sixteen feet of dividing strip. Each one-half of
the road shall consist of eight feet of dividing
strip, thirty-two feet of paved roadway, curbs
and gutters, ten feet of sidewalk area with at
least four and five tenths feet thereof paved.
(Ord. 71-20 ~ I (part), 1971).
1006-2.1008 Road standards - Genernl
thoroughfares. General thoroughfares shall he
dedicated to a width of eighty-four feet, with
sixty-four feet of roadway, and twenty feet of
sidewalk area. Each one-half of the road shall
consist of thirty-two feet of paved roadway.
curbs, and gutters, and ten feet of sidewalk area
with at least four and five-tenths feet thereof
paved. (Ord. 71-20 ~ 1 (part), 1971).
1006-2.1010 Road standards - General
arterials. General arterials shall be dedicated to a
width of sixty feet, with forty feet of roadway.
and twenty feet of sidewalk area. Each one-half
of the road shall consist of twenty feet of paved
roadway, curbs, and gutters, and ten feet of
sidewalk area with at least four and five-tenths
feet thereof paved. (Ord. 71-20 S I (part),
1971 ).
1006- 2.) 012 Road standards - Industrial
arterials. Industrial arterials shall be dedicated to
a width of sixty-{;ight feet, with forty~ight fee!
of roadway, and twenty feet of sidewalk area.
Each one-half of the road shall consist of
twenty-four feet of paved roadway, curbs, and
gutters, and ten feet of sidewalk area with at
least four and five-tenths feet thereof paved.
(Ord. 71-20 ~ I (part), 1971).
1006- 2.1014 Road sundards - Property
line returns. Each intersection involving either a
thoroughfare or arterial road shall be dedicated
so as to provide a thirty foot curved comer
471
100(1-.' 101 fJ I 006- ~.I ~ I 2
PUBLIC WORKS ANO FLOOO CONTROL
r;.:dlU:> ~It the intersectIon 01 such roads. which
~hdll b~ Improved in accordance with the
standards for such road ser forth in rhis chapter.
(Ord. 71-20 g I (part), /971).
1006-2.1016 Road standards
Improvemenr agreement. The property owner
shall make an agreement with the county on the
road improvements to be constructed by him,
including curb, gutter, sidewalk, and the
necessary structural pavement section as thick as
required by Chapter 98-R and to a maximum
width of twenty feet from curb face for each
side of the roadway. Necessary longitudinal
sronn drainage shall be I:Onsidered as a part of
the improvements. Str~t lighting where
reasonably necessary shaH be considered as a
parr of the improvements. (Ord. 71-20 S I
(part), 1971 ).
1006-2.1018 Road standards
Improvement placement and construction. All
improvements required by this chapter shall be
placed and constructed in accordance wi th
Section 1002-8.016 and the ordinance
specifications adopted by the board. Paved
sidewalk installations shall comply also with
Sections 96-8.206 - 96-8.408. (Ord. 71-20 ~ I
(part), 1971).
Article 1006- 2.1 2
Deviations and Special Requirements
1006-2. 1202 Deviations.' TIle rublic works
dire,:tor may approve and allow such variatJons
and deVlations from the requirements of thiS
chapter. J5 he determines are made necessary by
the conditions of the terrain and the existing
unprovements In the immediate vicinity of the
property and lot :nvolved. (Ord. 71-20 S I
(part). 1071 ).
1006- 2. I 204 Road width review and
findings. 'n.e ;:':.lblic works director shall review
the road widths shown on the county major
roads rl.:1n at the time of application, to
determme theIr adequacy to serve the traffic
generated by the ;->roposed land use, adjacent
land uses. and Jny other changes to the general
plan made by the adoptIon of the county major
roads plan: and hiS findings thereon shall
become tl1l' requirements for dedication of
f1 g h [- 0 f- W;lY and the construction of
improvcme:1ts. lOrd. 71-~0 9 I (part), 1971).
1006-2. J 206 Road access. The public works
director shall control access to roads, as to
location, size, type, and number of driveways, so
as to safely pennit ingress and egress and so as
to comply with standards and pOlicy of the
public works department and Division 1002.
(Ord. 71-20~ I (part), 1971).
1006-2.1208 Notice to building pennit
applicant. When the public works director
detennines that this chapter is applicable to any
building pennit application, he shall inform the
pennit applicant of his detennination and
fmdings as to the specific requirements of this
chapter applicable thereto and of the avail :~Ility
and procedure for appeal of his detennination to
the planning commission. (Ord. 71-20 g I (part),
197] )
1006- 2. 1210 Acceptance of building
permit. Acceptance of a building pennit by an
applicant after detennination by the public
works director that the provisions of thIS
chapter are applicable shall constitute an
agreement on behalf of the applicant and owner,
rhelr heirs, successors and assigns, to comply
with all the tenns and conditions imposed by
the public works director's fmdings, this
chapter, and all other applicable ordinances and
statutes. (Ord. 71-20 g I (part), 1971).
1006-2.1212 County partIcIpation. (a)
Costs. Upon proper written application to the
board 2nd investigation and recommendation to
the board by the rubl1c works director, the
county may contnbute to the costs of making
any imrrovemencs required by this chapter, if
the public works director detennines that they
are excessive due to topography or other natural
causes or will greatly exceed the costs of other
property owners in the immediate vicinity who
are required to make im:>rovements hereunder.
(b) Plans. The public works departmen t shall
provide plans showing line and grade, and shall
place one set of construction stakes. If the
public works department cannot provide plans
or survey stakes in time to coordinate with the
applicant's schedule, the applicant will furnish
construction plans for review and approval by
the publ1c works department before
construl:tlOn starts. The construction plans shall
be prepared by a California ucensed Civil
Engweer and shall be In accordance with public
works department policy and applicable sections
472
1006-2.1214-1006-2.1408
SETBACK REQUIREMENTS
of Division 716 and Title 9 of this code. (Ord.
71-20 ~ I (part), 1971).
1 006- 2.1 214 Director detennines road
alignment. Whenever uncertainty exists as to the
proper application of this chapter in the matter
of street alignment, the public works director
shall determine its application in conformity
with the spirit and intent of this chapter. (Ord.
71-20 ~ 1 (part). 1971).
1006-2.1216 Lots affected by road
widening. On a lot which is affected by road
widening required by the provisions of this
chapter, all required yards. setbacks, parking
area, loading space, and building locations for
new buildings or structures or additions to
buildings or structures, shall be measured and
calculated from the new lot lines being created
by the widening; but. for the purpose of
establishing the required front yard depth on a
frontage where the ultimate curb line has been
determined under the provisions of this chapter,
the depths of all existing front yards may be
measured from such ultimate curb line instead
of the front lot line. In applying all other
provisions of this code, the area of such lot shall
be considered as that which existed immediately
before to such required road widening. (Ord.
71-20 ~ I (part), 1971).
Article 1006-2.14
Appeal
1006-2.1402 Appeal - Applicability. These
provisions on appeals do not apply to appeals
from actions or decisions of the building
inspection or planning departments not
involving this chapter. (Ord. 71-20 9 I (part),
1971 ).
1006-2.1404 Appeal - To commission. Any
person required to dedicate land or make
improvements under this chapter may appeal
any determination made by the public works
director hereunder to the planning commission.
His written appeal Shall clearly and concisely
state the grounds therefor. The planning
commission shall render its decision within
forty-fIVe calendar days after an appeal is
property flIed with it. (Ord. 71-20 9 I (part).
1971 ).
I 006- 2.1406 Appeal - To board. (J) 111t~
applicant or an affected county official may
appeal the commlssion's decision to the board of
supervisors. ThiS written appeal shall clearly Jnd
concisely state the grounds therefor, and shall be
filed with the commISSion within ten calendar
days after the commission's action which is
appealed from.
(b) Within twen ty calendar days after filing,
the commission shall transmit the appeal. and its
reports and recommendation thereon, to the
board. The board shall render its decision within
ninty calendar days after the commission's
transmittal. (Ord. 71-20 ~ I (part). 1971).
1006-2.1408 Appeal - Modifications. The
commission and the board may make such
modifications in the requirements of this
chapter or may grant such WaIvers or
modifications of the determinations which are
appealed to them. as they determine are
required to prevent unreasonable hardship under
the facts of each case, but each such
modification or waiver shall conform with the
general spirit and intent of the requirements of
this chapter. (Ord. 71-20 ~ I (part), 1971).
Otapter 1006-4
SETBACK REQUIREMENTS
Article 1006-4.2
Sections:
1006-4.202
Article 1006-4.4
Sections:
1006-4.402
Policy
Policy -Declaration.
Requirements
1006-4.404
Adopted section of streets
and highways rlan-Filing
required.
Effect of plan on building
permit issuance.
Chapter administration.
Building permit issuance
after appeal-Conditions
required.
Exemptions
1 006-4.406
1006-4.408
Article 1006-4.6
Sections:
1006-4.602
Exemptions-Eminent domalO.
declaratory relief. zoning.
Exemptions- Pre~xisting
structures.
1006-4.604 .
473
1006-4.202---1000-4.602
PUBLIC WORKS AND FLOOD CONTROL
Article 1006-4.2
Policy
1006-4.202 Policy Declaration. This
county is developing a master plan of streets and
hJghways (and precise sections thereof) for the
purpose of assuring ample transportation
facilities for the present and future. The
magnitude of this undertaking precludes these
plans being completed in their entirety in time
to fully guide the rapid development occurring
witilin the county; and the surveys, hearings,
map preparation, and requirements of law
governing these matters necessitate that detailed
plans be developed progressively. To conserve
the public mterest and to assure economies and
public safety and welfare, it is imperative that
necessary rights-of-way for streets and highways
WIthin the county be protected against
encroachment by permanent physical
improvements, the existence of which would
make unnecessarily difficult or make impractical
the retention or creation of thoroughfares,
adequate in alignment, dimensions and vision
clearance to serve the public needs, safety and
welfare. Consequently, to deal effectively with
the practical problem thus presented. it is
necessary to establish certain minimum building
line setbacks on a county-wide basis. (Ord.
71-20 S 1 (part). 1971).
Article 1006-4.4
Requirements
1006-4.402 Adopted section of streets and
high ways plan - Filing required. Whenever the
board adopts a precise section of the streets and
highways plan, the public works department
shalf prepare a map of the highway, sufficient to
show the location of the highway on parcels of
land to he traversed or otherwise occupied by
the highway when constructed. and me the map
in the recorder's office and delIver a copy to the
bUildIng inspector. (Ord. 71-20 9 1 (part),
1971 ).
1006-4.404 Effect of plan on building
permit issuance. Before issuing .1 building
permit, the chief building inspector or his
authorized deputy shaH examine the precise
plan. If he finds that the building or structure
proposed to be erected will lie within the
boundaries of the precise section of the streets
and highways plan, or WIthin the setback lines of
the existmg zonmg regulations affecting the land
as measured from the boundaries of the precise
section. he shall grant the permit only if the cost
of the proposed building or structure is five
hundred doUars or less. otherwise, he shall refuse
the permit and notify the applicant for the
permit of the reason for refusal. (Ord. 71-20 ~ I
(part), 1971).
1006-4.406 Chapter administrntion. Any
person aggrieved by the refusal of a bUilding
permit may appeal to the planning commission,
Administration of this chapter and of Streets
and Highways Code Sec. 741.2 is referred to the
planning commission under Section 26-V...;8 of
this code. (Ord. 71-20 ~ I (part), 1971).
1006-4.408 Building permit issuance after
appeal - Conditions required. The board of
adjustment shall grant the permit only if all the
foUowing are true:
( I) There are special circumstances or
conditions relating to the property upon which
the proposed building, structure, or other
improvement is sought to be placed;
(2) Granting the application is necessary for
the preservation and enjoyment of substantial
property rights; and
(3) Balancing the interests of the public in
preserving the integrity of the master plan of
streets and high ways against the interest of the
owner of the land in using his property. the
granting of the pennit is required by
considerations of justice and equity. (Ord. 71-20
S I (part), 1971).
./'
Article 1006-4.6
Exemptions
1006-4.602 Exemptions Eminent
domain, declaratory relief. zoning.
(a) Nothing in this chapter shall be deemed a
condition precedent to the acquisition of
rights-of-way by purchase or by proceedings in
eminent domain.
(b) Nothing in this chapter shall be construed
to restrict the right of any person to seek
declaratory relief under Code of Civil Procedure
Section 1060. or to avail himself of any other
legal or equitable remedy applicable to his
particular case.
(c) No zoning regulations are to be construed
as pennitting a building line setback or any
building within the boundaries of the precise
474
UNOERCROUND UTILITY DISTRICTS
section. except as proVIded in this chapter. (Ord.
71-20 ~ 1 (part), 1971).
1 006-4.604 Exemptions Pre-existing
structures. No building, structure. well.
excavation. or subsurface structure existing on
December 22. 1957, shall be deemed to be in
violation of this chapter. (Ord. 71-20 ~ 1 (part).
1971 ).
Division 1 008
UTI L1TI ES
Chapters:
1008-2 Underground Utility Districts
UNDERGROUND UTILITY DISTRICTS.
Cltapter 1008- 2
Sections:
1008- 2.002
1008-2.004
1008-2.006
1 008- 2. 008
1008-2.010
1008-2.012
1008-2.014
1008-2.016
1008-2.018
1008-2.020
1008-2.022
1008- 2.024
DefInitions.
Public hearing by board-
Notice.
Designation by hoard
resolution.
Unlawful acts.
Exception _. Emergency.
Exception-Certain
facilities.
Notices to affected persons.
Responsibility of utility
companies.
Responsibility of property
owners-Notice issuance.
Responsibility of county.
Time extension.
Violation-Penalty .
1008-2.002 Definitions. Whenever 111 this
chapter the words or phases defined in this
section are used. they shall have the respective
-For the statutory provisions r~atding l;onverSlQn of existing
o-..:rheacS wiring to underground localion_. >ee SIr. .l H. C. ~
5896.1 cr. .
ror unc:lerpound "tiUties in subdivisions. >ee Ch. 96-10. Ihis
l."Ode.
I ()()h-4.ClO4 1008-2.004
meanmgs assIgned to them as follows:
( I) "Commission" means the Public UtIlities
CommIssIon of the state of Califorma.
(2) "Underground utility district" or
"district" means that area in the county within
which poles. overhead wires. and associated
overhead structures are prohibited as such area IS
described in a resolution adopted pursuant to
the provisions of Section 1008-2.006.
(3) "Person" means and includes individuals.
fIrms. corporations. partnerships. and their
agents and employees.
(4) "Poles. overhead wires and associated
overhead structures" means poles. towers.
supports. wIres. conductors. guys. stubs.
platforms. cross.anns. braces. transformers.
insulators. cutouts. SWItches. communication
circuits. appliances. attachments and
appurtenances located above ground Within a
district and used or useful in supplying electric.
communication or similar or associated service.
"Poles. overhead wires and associated
structures" does not include a modified
underground system where the installation of
such system in a district has been specifically
ordered pursuant to Section 1008-2.006.
(5) "Modified underground system" means
an electrical distribution system consisting of
metal poles supporting high voltage wires.
switches. transformers and street lights, with all
other facilities and wires for the supplying and
distribution of electrical energy and service
placed underground. including occasional poles
supporting only street lights If a light is required
at a location where a metal electric dIstribution
pole is not SUItable.
(6) "County" means the county of Contra
Costa. a political subdivision of the state of
California.
(7) "Board" means the board of supervisors
of Contra Costa County.
(8) "Utility" includes all persons or entities
supplying electric. communication or similar or
associated service by means of electrical
materials or devices. (Ord. 68-10 g 2 (part).
1968: prior code g 780 I ).
1008-2.004 Public hearing by board -
Notice. The board may from time to time call
public hearings to ascertain whether the public
necessity, health. safety or welfare ,equlres the
removal of poles. overhead Wlfes and associated
overhead structures within deSIgnated
unincorporated areas of the county and the
475
loox-~.no/) IOO~-2.0l ~
PUBLIC WORKS ANO FLOOO CONTROL
uOlkrgr,'u'1J lO~t;!lbtlOn of wires and facll1tlc:>
for :,upr1ying clectnc. communication, or slmtlar
or associat~d Scn'ICC or the Installation of a
modIfied underground system. The clerk of the
board shall notify iill affected property owners
as shown on the last equalized assessment roll
and utllities concerned by mail of the time and
place of such hearings at least ten days prior to
the date thereof. Each such hearing shall be
open to the public and may be continued from
time to time. At each such hearing all persons
interested shall be given an opportunity to be
heard. The decision of the board shall be fmal
and conclusive. At the conclusion of the hearing,
the board may make changes in. to or from the
boundanes of the designated district area but
the boanl shall 110t change the boundaries to
include any taritury which was not described in
the notice for th~ aforesaid public hearing. (Ord.
68-1032 (part), 1968: prior code 37802).
1008-2.006 Designation by board
resolution. If, after any such public hearing the
board finds that the public necessity. health,
safety or welfare requires such removal and such
underground installation or the installation of a
modtfied underground system within a
designated area. the board shall, by resolution.
declare such designated area an underground
utility district and order such removal and
underground installation or the installatIon of a
modified underground system. Such resolu tion
shall mc1ude a description of the area comprismg
such district and shall fix the time within which
stich removal Jl1d underground installatIOn or
the lost:1llJ.tlOI1 of a modified underground
system shall be accomplished and within which
affel.:ted property owners must be ready to
receive underground service. A reasonable time
shall be allowed for such removal and
undergrour.d Il1stallation or the installation of a
modified underground system, having due regard
for the availability of labor, materials and
equipment necessary for such removal and for
the installation of such underground facilities as
may be occasioned thereby. (Ord. 68-10 g 2
(part). 1908: pnor code g 7803).
1008-2.008 Unlawful acts. Whenever the
hoard CreJles an underground utility district and
ord~rs the removal or" poles. overhead wires and
associated overh~:1J structures therein as
provided 111 S~ction 1008-2.006, it is unlawful
for any person or utility to erect, construct,
place. keep. mamtain, continue, employ or
operate poles, overhead w!tes and assOCIated
overhead structures 10 the district after the date
when the overhead facilities are required to be
removed by such resolution, except as the
overhead facilities may be required. to furnish
service to an owner or occupant of property
prior to the performance by such owner or
occupant of the underground work necessary for
such owner or occupant to continue to receive
utility service as provided in Section
1008-2.018, and for such reasonable time
required to remove facilities after the work has
been performed, and except as otherwise
provided in this chapter. (Ord. 68-10 g 2 (;art),
1968: prior codl:' 9 7804).
1008-2.010 Exception Emergency.
Notwithstanding the provisions of this chapter;
overhead facilities may be installed and
maintained for a penod, not to exceed ten days,
without authority of the board in order to
provide emergency service. The board may grant
special permission, on such terms. as the board
may deem appropriate, in cases of unusUal
circumstances, without discrimination as to any
person or utility, to erect, construct, install,
maintain. use or operate poles, overhead wires
and associated overhead structures. (Ord. 68-10
g 2 (part). 1968: prior code g 7805).
1 008-2.0 12 Exception - Certain facilities.
This chapter and any resolution adopted
pursuant to Section 1008-2.006 shall, unless
otherwise provided in such resolution, not apply
to the following types of facilities:
( 1) Any county or municipal facilities or
equipment installed under the supervision and to
the satisfaction of the county's public works
director;
(2) Poles or electroliers used exclusively for
street lighting;
(3) Overhead wires (exclusive of supporting
structures) crossing any portion of a district
within which overhead wires have been
prohibited, or connecting to buildings on the
perimeter of a district, when such wires originate
in an area from which poles, overhead wires and
associated overhead structures are not
prohibited;
(4) Poles, overhead wires and associated
overhead structures used for the transmIssion of
electric energy at nominal voltages in excess of
thirty-four thousand five hundred volts;
476
UNOERGROUNIJ UTILITY. DISTRICrS
1008-2.014-1008-2.018
(5) Ovcrhead wires attached to thc cxterior
surface of a building by means of a bracket or
other fiXture and extcnding from one location
on the building to another location on the same
building or to an adjacent building without
crossing any public street;
(6) Antennae, associated equipment and
supporting structures, used by a utility for
furnishing communication services;
(7) Equipment appurtenant to underground
facilities, such as surface mounted transformers,
pedestal mounted terminal boxes and meter
cabinets, and concealed ducts;
(8) Temporary poles, overhead wires and
associated overhead structures used or to be
used in conjunction wi th construction projects.
(Ord. 68-10 g 2 (part), 1968: prior code g
7806).
1008-2.014 Notices to affected persons.
Within ten days after the effective date of a
resolution adopted pursuant to Section
1008-2.006, the clerk of the board shall notify
all affected utilities and all persons cwning real
property within the district created by the
resolution of the adoption thereof. The clerk
shall further notify such affected property
owners of the necessity that, if they or any
person occupying such property desiJ.-e to
continue to receive electric, communication, or
similar or associated service, they or such
occupant shall provide all necessary facility
changes on their premise~ so as to receivc SUC1.
service from the tines of the supplying utilit:,' ;::r
utilities at a new iocation. subject to applicable
rules, regulations and tariffs of the rcspective
utility or utilities on file witil the commission.
Notification by the clerk of the board shall be
made by mailing a copy of the resolution
adopted pursuant to Section 1008-2.006,
together with a copy of this chapter, to affected
property owners as such are shown on the last
equalized assessment roll and to the affected
utilities. (Ord_ 68-10 g 2 (part), 1968: prior
code ~ 7807).
1008-2.016 Responsibility of utility
companies. If underground construction is
necessary to provide utility service within a
district created by any resolution adopted
pursuant to Section 1008-2.006. the supplying
utility shall furnish that portion of the conduits.
conductors and associatcd equipment required
to be furnished by it undcr its :lpplicablc rules.
r~gulations and tariffs on file with the
Commission. (Ord. 68-10 9 2 (part), 1968: pnor
code g 780~).
1008-2.018 Responsibility of property
owners - Notice issuance. (a) Every person
owning, operating, leasing, occupying or renting
a building or structure within a district shall
perform construction and provide that portion
of the service connection on his property
between the facilities referred to in Section
1008-2.016 and the termination facility on or
within the building or structure being served, all
in accordance with applicable rules, regulations
and tariffs of the respective utility or utilities on
file with the Commission.
(b) In the event any person owning,
operating, lcasing, occupying or renting the
property does not comply with the provisions of
subsection (a) within the time provided for in
the resoll! tion enacted pursuant to Scction
1008-2.006, the public works director shall post
written notice on the property being served and
thirty days thereaftcr shall hav~ the authority to
order the disconnection and removal of any and
all overhead service wires and associated
facilities supplying utility service to the
property.
(c) If the action required in subsection (a) is
not accomplished by any person within the time
provided for in the resolution enacted pursuant
to Section 1008-2.006, the public works
director, as an alternative to subsection (b), m~IY
give notice in writing to the person in possessIon
of such premises, and a notice in writing to the
owner thereof as shown on the last equalized
assessment roll, to provide the required
underground facilities within ten days after
receipt of such notice.
(I) The notice to provide the required
undcrground facilities may be given either by
personal service or by mail. In case of service by
mail on either of such persons, the notice must
be deposited in thc. United States mail in a
sealed envelope with postage prcpaid, Jddressed
to the person in possession of such premises at
such premises, and the notice must be addressed
to the owner thereof as such owner's name
Jppears, and must be addressed to sudlowner's
last known Jddress as the same :lppears on the
last equalized assessment roll, and when no
Jddress JppCJrs, to General Delivery, city or
town of . . . . . . ... If notice is given by Ill:lil,
such notice shall be decmcd to h:lvC been
477
1008-2.020-1008-2.024
PUBLIC WORKS AND FLOOD CONTROL
received by the person to whom it has been sent
within forty-clgl1t hours aftcr the mailing
thcreof. If notIce is given hy mail to either the
owner or OCt:llp.1Ilt of such premises; the public
works director shall. within forty-cight hours
after the mailing thereof. cause a copy thereof.
printed on a card not less than eight inches.by
ten inches in size, to be posted in a conspicuous
place on the premises.
(2) The notice given by the public works
director to provide the required underground
facilities shall particularly specify what work is
required to be done, and shall state that if the
work is not completed within thirty days after
receipt of such notice, the public works director
will provide such required underground
facilities, in which case the cost and expense
thereof will be assessed against the property
benefited and become a lien upon such
property.
(3) If upon the expiration of the thirty day
period, the required underground facilities have
not been provided, the public works director
shall forthwith proceed to do the work. Upon
completion of the work by the public works
director, he shall file a written report with the
board setting forth the fact that the required
underground facilities have been provided and
the cost thereof, together with a legal
description of the property against which such
cost is to be assessed. The board shall thereupon
ftx a time and place for hearing protests against
the assessment of the cost of such work upon
such premises, which the time shall not be less
than ten days thereafter.
(4) The public works director shall forthwith,
upon the tinle for hearing such protests having
been fixed, give a notice in writing to the person
in possession of such premises, and a notice in
writing thereof to the owner thereof in the
manner hereinabove provided for the giving of
the notice to provide the required underground
facilities, of the time and place that the board
will pass upon such report and will hear protests
against such assessment. Such notice shall also
set forth the amount of the proposed
assessment.
(5) Upon the date and hour set for the
hearing of protests, the board shall hear and
consider the report Jnd J!l protests. if there be
any, and then proceed to afflffil, modify or
reject the assessment.
(6) If any assessment is not paid within five
days after its COnflI111:ltion by the board, the
alllount of tl.le as.sessmcnt shall become a lien
upon the property against which the assessment
is made by the publit: works director, anti 'he
public works director is dm:ctcd to turn over to
the assessor and tax collector a noticc of licn on
each of the propcrties 011 which the assessmcnt
has. not been paid, and the assessor and tax
collector shall add the amount of the assessment
to the next regular bill for taxes levied. against
the premises upon which the assessment was not
paid. TIle assessment shall be due and payable at
the same time as the property taxes are due and
payable, and if not paid when due and payable,
shall bear interest at the rate of six percent per
year. (Ord. 68-10 S 2 (part), 1968: pri<,r code 9
7809).
1008-2.020 Responsibility of county. The
county shall remove at its own expense all
county owned equipment from all poles
required to be removed hereunder in ample time
to enable the owner or user of such poles to
remove the same within the time specified in the
resolu tion enacted pursu:mt to Section
1008-2.006. (Ord. 68-1 0 ~ 2 (part), 1968: prior
code 9 7810).
1008-2.022 Time extension. In the' event
that any act required by this chapter or by a
resolution adopted pursuant to Section
1008-2.006 cannot be performed within the
time provided on account of shortage of
materials, war, restraint by public author'ies.
strikes, labor disturbances, civil disobedience, or
any other circumstances beyond the control of
the actor, then the time within which such act
will be accomplished shaii be extended for a
period equivalent to the time of such limitation.
(Ord. 68-10 g 2 (part). 1968: prior code ~
78 I I).
1008-2.024 Violation Penalty. Any
violation of this chapter by any person, firm,
corporation, partnership, association, or any
combination of these acting together shall be a
misdemeanor punishable pursuant to the
provisions of Section 14-8.004. (Ord. 68-10 9 2
(part), 1968: prior code 9 7812).
478
Division 1010
DRAINAGE*
Olapters:
1010-2
1010-4
101().6
General
Pemli ts
Sccu ri ty
Otapter 1010-2
GENERAL **
Sections:
1010-2.002
1010-2.004
Acts requiring permits.
Violations- Notice-Aba te-
ment.
Emergency work
authorizatior..
Appeal to board of
adjustment.
Conditions required for
permit granting.
Administration.
1010-2.006
1010-2.008
1010-2.010
1010-2.0' 2
1010-2.002 Acts requiring pennits. No
person, fmn, corporation, municipality, or
public district shall commit or cause to be
committed any of the acts hereinafter described,
unless a written permit :13S fIrst been obtain~d
from the enforcing officer or his duly appointed
representative:
(1) Impair or impede th". natural flow of
storm waters, or other water running in a
defined channel, na tural or man-made, or cause
or permit the obstruction of such channel;
(2) Deposit any material in such channel;
(3) Alter the surface of land so as to reduce
the capacity of such channel;
(4) Construct, alter, or repair any storm
water drainage structure, f2cility, or channel
without fIrst obtaining a permit therefor, as
herein provided;
(5) Conunit any act, within any easement
dedicated for drainage purposes, that will impair
the use of such easement for such purposes.
(Prior code ~ 7600: Ord. 1447).
-For subdivision provisions, see Ch. 914-2, this code.
For other dr:lill3ge provisions. see Sections 716.8.602 _
716-8.614. thiscode.
uFoe board of :Idju~lmenl. see Ch. 26-2. this code.
For (nding provisions. see Div. 716. this rode.
GENERAL
10 I 0-2.002-1 0 I 0-2.008
1010-2.004 Violations Notice
Abatement (a) Notice of violation: In the evcnt
of a violation of this division, and in addition to
other penalties provided in this code, the
enforcing officer may send a written notice to
the owner of the property on which the
violation occurred at the address of the owner as
it appears on the assessment roll of this county.
The notice shall state the nature of the violation,
that the owner is required to abate the condition
constituting the violation within ten days after
the notice is received, and that if the owner fails
to abate the condition within that period, the
condition may be abated by the enforcing
officer and the owner shall be liable to the
county for the cost thereof.
(b) Abatement by county: If the condition is
not abated by the owner in accordance with the
notice, the enforcing officer may abate the
condition and shall charge the owner for the
cost thereof. If this charge is not paid within
sixty days, the amount of the charge, plus
accrued interest at the rate of six percent per
year from the date of the charge, shall be added
to the next regular tax bill sent to the owner by
this county and shall be collected in the manner
fixed by law for the collection of taxes, or in the
alternative, recovery therefor may be had
through civil action.
(c) Emergency abatement: If the enforcing
officer finds that a violation has created an
emergency condition endangering th~ public
heJJth or safety, he may abate the condition in
accordance with subsection (b) without giving
the notice required by subsection (a). (Prior
code g 7601: Ord. 1447).
1010-2.006 Emergency work authorization.
This division shall not prevent any person from
performing emergency maintenance or work
within, on, over, under, or through any
water-course, channel, ditch, conduit, or natural
drainageway, as necessary and proper for the
preservation of life or property when an urgen t
necessity arises. The person pcrforming thc
emergency work shall apply for a written permit
within ten calendar days of the beginning of
work. (Prior codc g 7602: Ord. 1447).
1010-2.008 Appeal to board of adjustmen t.
Any person aggrieved by the refusal or the terms
of a permit required by this division may appcal
to the board of adjustment. Administration of
this section is referred to the board of
479
IOI(}'2.010-1010-4.008
PUbdC WORKS AND FLOOD CONTROL
adjustment under Olapter 26-2. (Prior code g
7603: Ord. 1447).
101 (}2.010 Conditions required for pemlit
granting. If, in addition to the requirements of
the Chapter 26-2, the board of adjustment finds
all of the following to be true, the permit shall
be granted:
(I) That the applicant will be substantiaUy
damaged by the refusal to grant the pennit;
(2) That no other reasonable method of
obtaining the desired results is available except
as proposed by the applicant;
(3) That the granting of the permit will not
be materially detrimental to the public interest,
safety, health, and welfare, or injurious to other
property. (Prior code g 7604: Ord. 1447).
101(}2.012 Administration. The Contra
Costa County flood control and water
conservation district is charged with the
responsibility for the adrninistmtion of the
provisions of this division, and shall appoint or
delegate any or aU of its authority to qualified
persons for the purpose of the administration of
this division. (Prior code g 7605: Ord. 1447).
Chap ter 101 (}.4
PERMITS.
Sections:
1010-4.002
1010-4.004
1010-4.006
10104.008
1010-4.010
10104.012
1010-4.014
1010-4.016
Issuance.
Application-Form.
Application - Exhibi ts.
Consent of persons affected.
Types designated.
Term-Beginning of work.
Term -Completion of work.
Unsatisfactory work-
Correction by county-
Costs-
Changes in character of
authorized work.
Transfer.
Fees.
1010-4.018
1010-4.020
10104.022
10104.002 Issuance. The written permits
required by this division shaU be issued by the
enforcing officer or his lawful appointee, for any
lawful use, subject to conditions set forth in this
-For security provisions, Jee Section 101~.002. thu code.
division and as required by law. The issuance of
a pemlit 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
employees, for injuries resulting from any act or
condition regulated by this division. (Prior code
~ 7620: Ord. 1447). -
10 I 0-4.0P4 Application Foml. 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. The application
form shall state the property owner's name,
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 the
enforcing officer at his discretion may establish
the date for completion. TIle application shall be
executed by the property owner or his duly
appointed agent and deposited with the
enforcing officer. (Prior code g 7621: Ord.
1447).
1010-4.006 Application - Exhibits. 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, engineering plans and investigations,
and technical reports as he may deem necessary
and proper. If necessary, changes, correction,
and notes may be made on any such exhibit and
these items shall become an integral part of the
permit when attested to by the enforcing
officer. (Prior code g 7622: Ord. 1447).
10 I 0-4.008 Consen t 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
480
all persons or bodies politic having jurisdiction,
who of themselves or their property would be
affected in any manner by the acts or works to
be performed. (Prior code ~ 7623: Ord. 1447).
1010-4.0] 0 Types designated. Written
permits required by this division shall be one of
the following types, depending on the decision
of the enforcing officer:
(I) "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 conrlitions or circumstances shall be
~pecifically 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
rea~ons nece<,sitating emergency action as ~ct out
in Srction 1010-2.006. (Prior code S 7624: Ord.
1447).
1010-4.012 Term - Beginning of 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, and the permittee shall
notify the enforcing officer at least forty-eight
hours prior to beginning work. Should the act or
work not be commenced on or before the date
indicated in the permit, then the permit shall
become void unless, prior to the date of
expirJtion, the permittee presents good and
sufficient reJson 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 noncommenccment of work prior to
the stipulated date may be renewed at the
di~cretion of the enforcing officer and upon
payment of a renewal fee as provided for in the
schedule of fees adopted by the board of
supervisors. (Prior code S 76'2.5: Ord. 1447).
\
1010...LOI4 Term - Completion of work.
The permittee shall complete the act or work
authorized by a permit issued pursuant to this
division within the time and before the date
PERr.dTS
1010-4.010- 1010-4.020
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. A
final inspection of the work shall be made by a
representative of the enforcing 'officer, unless
such inspection is wai'ved by the enforcing
officer, and no permittee shall be deemed to
have complied with this division until such
inspection has been performed. (Prior code ~
7626: Ord. ]447).
] 01 0-4.0] 6 Unsatisfactory work
Correction by county - Costs. Should the work.
described in a permit be performed in such a'
manner as to be deemed unsatisfactory and/or
unacceptable by the enforcing officer, then the
work shall be reconstructed by the permittee to
the satisf(lction of the enforcing officer.
Should the enforcing officer deem that delay
in pursuit or completion of the act or work be
due to lack of diligence or willful act on the part
of the permittee, or should the v.ork performed
be dC(:ll1ed unsJtisfactory :JI1d/or unacceptable;
then, if essential to the he(llth, safety, or welfare
of the general public, the enforcing officer shall
request the board of supervisors for
authorization to contract with any licensed
general contractor to complete, erect, install,
reconstruct, or alter all structures or work in
conformance with approved plans and
specifications, or to remove all structures and
obliterate all work not completed. The costs
incurred thereby shall be repaid to the county
by the deduction of such costs from the cash or
surety bond deposited by the permittee with the
county for the performance of the work;
provided, further, that should such costs exceed
the total of the cash deposit or surety bond of
the permittee, then any and all additional costs
shall become a lien against the permittee's
property, real and otherwise. (Prior code ~
7627: Ord. 1447).
] 01 0-4.018 O1:lnges in ch:lT:lcter of
authoriz.ed work. 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. (Prior code ~ 7628: Ord. 1447).
101 0-4.020 Tr~lnsfer. A permit issued
pursuant to this division shall not be transferable
481
(Contra Costa Count)' 9-15.79)
1010-4.0'22-1010-6.002
PL. .JC WORKS AND FLOOD CONTR
by, for, or on behalf of the person, his heirs,
assigns, or successors, to whom the permit
issued. (Prior code S 7629: Ord. 1447).
J OJ 0-4.022 Fees. The fees for permits for
the performance of acts or works under this
division shall be those recommended by the
enforcing officer and established and adopted by
the board of supervisors from time to time by
resolution. Before a permit is issued, the
applicant shall deposit with the enforcing
officer, for payment to the county treasurer,
cash or check in sufficient sum to cover the fee
for issuance of the permit, in accordance with
schedules established and adopted by the board
of supervisors. No fee shall be required for
municipalities or public districts. (Prior code ~
7630: Grd. 1447).
Chapter 1010-6
SECURITY
Sections:
1010-6.002
Cash deposit or bond
required.
1010-6.002 Cash deposit or bond required.
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 of!1cer. In lieu
of a cash deposit, the applicant may me an
approved surety bond issued by a company or
corporation authorized to engage in general
surety business in the state of California. The
conditions of any cash neposit or surety bond
made pursuant to this section shall be that the
permittee will diligently an.d in good faith
comply with all provisions of this division, with
all terms and conditions contained in the permit
issued him, and will pursue the work to
completion without undue delay except for
reasonable cause. IT!,on satisfactory and
acceptable comp 1ction of the work as set forth
in Section 1010-4.016, the cash deposit sh:J1I be
refunded to the permittee or the permittee shall
be exonerated from his surety bond by the
enforcing officer in writing upon the expiration
({'<,nlra Costa Counly 9.15-79)
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. (Prior code ~ 7631:
Grd. 1447).
Division 1012
COUNTY SERVICE AREA CHARGES
Chapters:
1012-2 General provisions
1012-4 Street Lighting service charge
imposed
OlJpter 10 12-2
GENERAL PROVISIONS
.
Article 1012-2.2 General
Sections:
1012-2.202 Purpose.
1012-2.204 Use of revenue.
Article 1012-2.4 Definitions.
Sections:
1012-2.402 General.
1012-2.404 County service area.
1012-2.406 Miscellaneous extended
service.
1012-2.408 Service charge.
Article 1012-2.6 Procedures.
Sections:
1012-2.602 Tentative r~port.
1012-2.604 Contents.
1012-2.606 Computation of service charge.
1012-2.608 l\:otice of hearing.
1012-2.610 Hearing.
1012-2.612 Final r<:port :.lOd kvy.
1012-2.614 Collection of ch:Jfge.
1012-2.616 Applicable laws.
1012-2.618 Deadlines do not invalidate.
482
]012-2.614-10] 2-4.004
PUHLlC WORKS AND FLOOD CONTk0L
t~ntative report to conform to the official
assessment roll for the fiscal year in which the
service charge is to be col1ected. and such revised
(or unrevised, if no revision is necessary) report
is the final report. Any change to an estimated
oasic service charge or estimated service charge
may be based only on changes of ownership,
I.:hanges of address. the subdivision of an existing
par~el, and changes in the class of use of a
J1ar~el. Within thirty days after the assessment
roll is delivered to the auditor, but no later than
July 15th the final report shall be presented to
the board. which may, by resolution, confirm
s:1id report as presented or modified; the resolu-
tion constitutes the levy of the service charge
for the fiscal year referred to in the final report.
The rl'solution shall be adopted no later than
August 10th, of the fiscal year in which the
s~rvice charge is to be collected. The clerk shall
IInmediately file certified copies of the final
rl.'port and confirming resolution with the
; uditor. (Ord. 7942).
1012-2.614 Collection of ch:Jrge. The
service charge for each parcel set forth in the
final report shall appear as a separate item on
the tax bill. The service charge may be collected
~ t the same time and in the same manner as
ordinary county ad valorem property taxes are
\, ol1ected, and shall be subject to the same
J'enalties and the same procedure and sale in
lase of delinquency as provided for such taxes.
<Ord.79-42).
1012-2.616 Applicable laws. All laws
:Ipplicable to the levy, collection and enforce-
ment of county ad valorem propertj' taxes shall
he applicable to such service charge, except that
ii the real property to which the service charge
Iclates has been transferred or conveyed to a
hona fide purchaser for value, or if a lien of a
bona fide encumbr~ncer for value has been
created and attaches thereon, before the date on
which the first installmcnt of such taxes would
become delinquent, then the service charge con-
firmed pursuant to this division shall not result
in a lien against such real prop.:rty but instead
shall be transferred to the unsecured roll for
collection. (Ord. 79-42)
1012-2.618 OC3dlines do not il1\'alid3te.
F:..tilure to meet the time limits set forth in
Sections 1012-2.610 or 1012-2.612, beC:lUse of
dlanges in state law which affect the procedures
(("unlr. ("u<U (""unty 9-15.79)
for equalizing the assessment roll. shall not
invalidate any service charge imposed under this
division. (Ord. 79-42).
Chapter 1012.4
STREET LIGHTING SERVICE
CHARGE IMPOSED
Sections:
1012-4.002
Charge imposed-Operative
date.
Computation of street lighting
service charge.
1012-4.004
1012-4.002 Charge imposed - Opcr3tive
date. Street lighting service charges are hereby
assessed and Ie....ied upon all parcels located
within every county s.:rvice arl..'a providing street
lighting services on July 1, 1979, :lnd thereafta
for each succeeding fiscal year. Said service
charges shall be adopted pursuant to Chapter
1012.2. (Ord. 79-42).
10124.004 Compu ration of street ligh tillg
service charge. In computing the street lighting
service charge pursuant to Section 1012-2.010,
the public works director may consider the class
of use being made of the parcel, the intensity
of lighting use, and the need for lighting as an
anticrime measure. Card. 79-42).
482-2
ATTACHtwENT 3
RESOL UTTON NO.
RESOlUTION APPROVING THE
SAN RAMON VALLEY TRUNK SEWER
IMPROVEMENT PROJ ECT
WHEREAS, the District Board of Directors, on October 16, 1986, has
certified the Final EIR for the San Ramon Valley Trunk Sewer Improvement
Proj ect as be1 ng 1 egal ly adequate; and
WHEREAS, the District Board of Directors has considered all available
1 nformat1 on regard1 ng the San Ramon Vall ey Sewer Improvement Proj ect,
1 ncl ud1 ng 1 nformat1 on conta 1 ned 1 n the Proj ect Draft EIR and F1 na 1 EIR
and testimony from government offici al s and the public made at public
hearings on July 23 and October 16, 1986;
WHEREAS, the District Board of Directors have provided direction to staff
on selection of the project alternative and preparation of the findings
of fact regarding the project;
WHEREAS, the District Board of Directors has reviewed and considered the
proposed Findings of Fact and Statement of Overriding Considerations for
the San Ramon Valley Sewer Improvement Project, District Project 4224;
NOW, THEREFORE, be it resolved that the Board of Directors of the Central
Contra Costa Sanitary D1 strict does hereby approve the San Ramon Vall ey
Trunk Sewer Improvement Project and adopts the attached Findings of Fact
and Statement of Overriding Considerations for the San Ramon Valley Sewer
Improvement Project, District Project 4224.
FURTHERK>RE, the Boa rd of D1 rectors d1 rects the General Manager-Ch 1 ef
Engineer to prepare a Notice of Determination for the project and submit
the notice to the appropriate government agencies.
PASSED AND ADOPTED by the Central Contra Costa Sanitary District Board of
Directors this 28th of October, 1986, by the following vote:
AYES:
NOES:
M SENT:
Members:
Members:
Members:
President of the District Board of the
Central Contra Costa Sanitary District,
County of Contra Costa, State of California
COUNTERSIGNED:
Secretary of the Central Contra Costa
Sanitary District, County of Contra Costa,
State of California
/~
rict Counsel
- 2 -