HomeMy WebLinkAboutMINUTES - 10101995 - D.3 Contra
TO: BOARD OF SUPERVISORS nt —�- = i. Costa
%r"t�aiui�h"
s County
FROM: HARVEY E. BRAGDON yy;�tl
DIRECTOR OF COMMUNITY DEVELOPMENT
'� you»`►'Y
DATE: September 8, 1995
SUBJECT: Proposed Amendment of Small Lot Occupancy
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Hold public hearing on proposed ordinance clarifying and
amending the small lot occupancy provisions of County
Ordinance Code (Section 82-10. 002) .
2 . Adopt proposed ordinance.
3 . Provide administrative direction to the Zoning Administrator
requiring strict scrutiny of small lot applications in the
Kensington and Diablo areas.
FISCAL IMPACT
Npne.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On June 27 , 1995 the County Planning Commission voted unanimously
to recommend adoption of the attached amended ordinance to the
Board . of Supervisors.
The small lot review provisions (Section 82-10. 002) of the County
Code was adopted by the Board of Supervisors on June 9 , 1992
providing for the review and approval, conditional approval, or
denial by the Zoning Administrator of the location, size, height,
and design of a single family dwelling on a substandard lot.
In February, 1995 the Board of Supervisors, in review of an appeal
of an administrative small lot development approval, determined
that the small lot ordinance as written requires that a public
hearing beheld prior to issuance of a building permi 947 a small
lot.
CONTINUED ON ATTACHMENT: x YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMME ON F OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON October 10 , 1995 APPROVED AS RECOMMENDED x OTHER
IT IS BY THE BOARD ORDERED that the above recommendations are APPROVED; and
as recommended. in No. 2 , Ordinance 95-51 is ADOPTED.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT 3 TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Rose Marie Pietras - 646-2091
Orig: Community Development Department ATTESTED October 10 , 1995
cc: County Counsel PHIL BATCHELOR, CLERK OF
District I , II , III , IV, V THE BOARD OF SUPERVISORS
D COU TY ADMINISTRATOR
BY
DEPUTY
• 2
In March, 1995 the Board of Supervisors directed staff to review
the Small Lot Occupancy Ordinance to clarify the public hearing
and notification requirements.
As directed by the Board of Supervisors, this ordinance code
amendment amends Section 82-10. 002 of the County Ordinance Code to
address concerns that if a substandard lot otherwise qualifies for
the small lot occupancy exception, a building permit can be issued
unles the County Zoning Administrator determines that the
location, size, height and design of the proposed single family
dwelling is not compatible with the surrounding neighborhood. If
the Zoning Administrator determines the proposed dwelling appears
not to be compatible with the surrounding neighborhood, the Zoning
Administrator may (but is not required) to schedule a public
hearing. After such determination, whether or not a hearing is
held, the Zoning Administrator may deny, approve or conditionally
approve the location, size, height and design of the proposed
dwelling to provide compatibility with the surrounding
neighborhood. If a hearing is scheduled, the notice provisions of
Section 26-2 . 2004 will apply.
The proposed amendment is intended to simplify the review of small
lot applications while allowing provision to require a public
hearing if the Zoning Administrator deems it appriopriate.
Therefore, the small lot occupancy exception in Section 82-10 . 002
remains the same: To recognize the grandfather status of small
lots that were at one time consistent with the applicable zoning
district or which were created prior to any applicable zoning
district and provide for neighborhood compatibility; and
For the purpose of establishing compliance with the California
Environmental Quality Act, staff finds that this activity is not
a project subject to CEQA, pursuant to Section 15061 (b) (3) . It
can be seen with certainty that adoption of the proposed ordinance
could not have a significant effect on the environment because it
has no potential to change any aspect of the physical environment.
Planning Commission recommends to the Board of Supervisors that
the Zoning Administrator have administrative direction in
requiring strict scrutiny in areas with special circumstances
relating to vegetation, topography and existing neighborhood
development patterns. In the communities of Kensington and
Diablo, based upon public testimony gathered at the Planning
Commission hearing on this matter, the Commission recommends that
the Zoning Administrator routinely require notice of the
availability to require public hearing.
RMP/aa
BDIX/Small.RMP
9/8/95
ORDINANCE NO. 95-51
(Small Lot Occupancy)
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text from the enacted or amended provisions of the County Ordinance
Code) .
SECTION I. SUMMARY. This ordinance amends section 82-1.0 . 002 to
address concerns that if a substandard lot otherwise qualifies for
the small lot occupancy exception, a building permit can issue
unless the zoning administrator determines that the location, size,
height and design of the proposed single family dwelling is not
compatible with the surrounding neighborhood. If the zoning
administrator determines the proposed dwelling appears not to be
compatible with the surrounding neighborhood, the zoning
administrator may (but is not required to) schedule a public
hearing. After such determination, whether or not a hearing is
held, the zoning administrator may deny, approve or conditionally
approve the location, size, height and design of the proposed
dwelling to provide compatibility with the surrounding
neighborhood. If a hearing is scheduled, the notice provisions of
section 26-2 . 2004 will apply. The intent of the small lot
occupancy exception in section 82-10 . 002 remains the same : to
recognize the grandfather status of small lots that were at one
time consistent with the applicable zoning district or which were
created prior to any applicable zoning district and provide for
neighborhood compatibility.
ORDINANCE NO. 95 - 51
ORDINANCE NO. 95- 51
SECTION II. Section 82-10 . 002 of the County Ordinance Code is
amended to read as follows :
82-10 . 002 Division and Consolidation
(a) Conveyance and Division Restriction. No person shall
divide or convey a lot or portion thereof, if this results
in one or more lots violating the width, yard, or setback
requirements of Divisions 82 and 84, unless a variance has
been granted in accordance with County Ordinance Code
variance provisions .
(b) Land Satisfying Requirements . Land used to satisfy the
area, width, yard, or setback requirements for one
dwelling unit cannot satisfy those requirements for
another unit .
(c) Small Lot Occupancy. Any lot of less area or width than
required by Divisions 82 and 84 may be occupied by a
single-family dwelling and its accessory buildings if : (1)
the yard and setback requirements of Divisions 82 and 84
are met, or a variance has been granted for yard and
setback requirements, and (2) the lot is delineated on a
recorded subdivision map, or at the time of the creation
of the lot (as evidenced by recording date) or at any time
since, the lot was consistent in width and area with the
applicable zoning district or the lot was created prior to
the application of zoning in its location. If a small lot
qualifies for occupancy by a single-family dwelling, then
ORDINANCE NO. 95 -51
ORDINANCE NO. 95-__5L
a building permit can issue unless the zoning
administrator determines that the proposed dwelling
appears not to be compatible with the surrounding
neighborhood. If the zoning administrator makes that
determination, the zoning administrator may, but is not
required to, schedule a public hearing to review the
proposed dwelling' s compatibility with and impact on the
surrounding neighborhood, in terms of its location, size,
height and design. If a public hearing is scheduled the
notice provisions of section 26-2 . 2004 shall apply. After
such determination, at the conclusion of the hearing, or
if no hearing is held, the zoning administrator may deny,
approve or conditionally approve the proposed dwelling in
order to provide neighborhood compatibility. (Ords . 95-
51 , § 2 , . 92-44 § 2, 79-69 § 2 : prior code § 8108 : Ords.
1371, 1206, 933 § 1, 382 , § 9 [2] : see § 82-4 . 244 . )
SECTION III . Section 26-2 .2102 of the County Ordinance Code is
amended to read as follows :
26-2 .2102 Decisions without public hearing. Unless otherwise
required by this article, the zoning administrator may, without
public hearing, decide applications for:
(1) Variance permits pursuant to subsection (1) of Section 26-
22 . 1204 ;
(2) Minor subdivisions pursuant to subsection (3) of Section
ORDINANCE NO. 95 - 51
ORDINANCE NO. 95- 51
26-2 . 1204 including applications for improvement
exceptions and
(3) After zoning administrator determination on it, any
involved small lot application pursuant to Section 82-
10 . 002 (c) . (Ord. 95-51 § 3, 80-87 § 2 : See Gov. Code §
65901) .
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and. within 15 days after passage shall be
published once with the names of supervisors voting for and against
it in the Contra Costa Times, a newspaper published in this County.
PASSED ON October 10 , 1995 by the following vote :
AYES: Supervisors Rogers , DeSatlnier.,�:-Toklakson and Smith
NOES : None
ABSENT: Supervisor Bishop
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By: 7c
eputy o Ch
[SEAL]
djs-3\A:\1ot.ord
ORDINANCE NO. 95 - 51
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Contra Costa
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter.
I am the Principal Legal Clerk of the Ledger
Dispatch and Brentwood News. Newspapers
of general circulation, printed and published
at 1650 Cavallo Road in the City of Antioch,
County of Contra Costa, 94509.
And which newspapers have been adjudged
newspapers of general circulation by the Su-
perior Court of the County of Contra Costa,
State of California, under the date of March
26, 1870. Case Number 746370.
The notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil),
has been published in each regular and en-
tire issue of said newspapers and not in any
supplement thereof on the following dates,
to-wit;
all in the year of 995.
I certify (or declare) under penalty of perjury e!;]
that the foregoing is true and correct.
Executed at Antioch, California.
On this �... day of ... . ., 1995. OCT
.......f4 of �:..Ta. ......................... CLE
Signature CONTRA COSTA CO.
Ledger Dispatch and Brentwood News
P.O. Box 2299
Antioch, CA 94531-2299
(510) 757-2525
NOTICE OF A PUBLIC
HEARING BEFORE THE -
CONTRA COSTA COUNTY
BOARD OF SUPERVISORS
ON A PLANNING MATTER
COUNTY-WIDE AREA - ..
AMENDMENT OF SMALL
LOT
OCCUPANCY ORDINANCE
NOTICE is hereby given that The location of the subject or-
on Tuesday, October 10, dinance is within the Counttyv
1995 at 2:00 p.m. In Room of Contra Costa,State of Caf-
107 of the County Adminis- ifornia, is more precise de-
tration Building, confer of scription may be examined in
Pine and Escobar Streets, the Office of the Director of
Martinez,California,the Con- Community Development,
tra Costa County Board of Counttyy Administration Build-
Supervisors will hoid a public Ing,tvtartinez,California):
hearing to consider the fol-
towing planning matters: If you challenge this matter in
Court,you may be limited to
Recommendation of the raising only those Issues you
Contra Costa County Plannin or someone else raised at
Commission on the proposed the public hearing described
amendment to the Contra in this notice, or In written
Costa County Ordinance correspondence delivered to
Code amending Section 82- the County at,or prior to,the
10.002 to address concerns public hearing.
that it a substandard lot oth-
envise qualifies for the small Date:September 25,1995
lot occupancyy exception, a
building pennit can be issued PHIL BATCHELOR,
unless the County Zoning Ad- Clerk of the Board of Supervi-
ministrator date Ines that sors and County Administra-
the location,size,heightand tar
design of the proposed single
family dwelling is not comgm-- /s/By:t vBarbara S.Grant,
nelihborwith
odh(CountyuFilen# LLegpaILClerk
OB 5271
0008-5) Publish:September 27,1995
1 I •
Resolution No.25-1995
RESOLUTION OF THE PLANNING COMMISSION OF THE COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, INCORPORATING FINDINGS AND RECOMM-
ENDATIONS ON THE PROPOSED ORDINANCE CODE AMENDMENT PERTAINING TO
THE SMALL LOT OCCUPANCY ORDINANCE (COUNTY FILE ZT #95-0008) , FOR
SAID COUNTY.
WHEREAS, this ordinance code amendment amends Section 82-10. 002 of
the County Ordinance Code to address concerns that if a substandard
lot otherwise qualifies for the small lot occupancy exception, a
building permit can be issued unless the County Zoning
Administrator determines that the location, size, height and design
of the proposed single family dwelling is not compatible with the
surrounding neighborhood. If the Zoning Administrator determines
the proposed dwelling appears not to be compatible with the
surrounding neighborhood, the Zoning Administrator may (but is not
required) to schedule a public hearing. After such determination,
whether or not a hearing is held, the Zoning Administrator may
deny, approve or conditionally approve the location, size,height
and design of the proposed dwelling to provide compatibility with
the surrounding neighborhood. If a hearing is scheduled, the
notice provisions of Section 26-2 . 2004 will apply; and
WHEREAS, the intent of the small lot occupancy exception in Section
82-10.002 remains the same: To recognize the grandfather status of
small lots that were at one time consistent with the applicable
zoning district or which were created prior to any applicable
zoning district and provide for neighborhood compatibility; and
WHEREAS, for the purposes of establishing compliance with the
California Environmental Quality Act, this activity is not a pro-
ject subject to CEQA,pursuant to Section 15061 (b) . It can be seen
with certainty that adoption of the proposed ordinance could not
have a significant effect on the environment because it has no
potential to change any aspect of the physical environment; and
WHEREAS, after notice thereof having been lawfully given, a public
hearing was scheduled for the County Planning Commission for public
hearing on June 6, 1995, whereat all persons interested therein
might appear and be heard; and .
WHEREAS, said June 6, 1995 hearing was Closed, the Commission
declaring their intent to recommend approval but requested
revisions to the proposed ordinance to be discussed at the June 27,
1995 hearing; and
WHEREAS, on Tuesday, June 27, 1995, the Commission recommended
approval of the text with further amendments; and
WHEREAS, the County Planning Commission recommends to the Board of
Supervisors of the County of Contra Costa, State of California,
that the County Zoning Administrator have administrative direction
in requiring strict scrutiny in areas with special circumstances
-2-
relating to vegetation, topography and existing neighborhood
development patterns in the communities of Kensington and Diablo.
Based upon public testimony taken at the hearing on this matter,
the Planning Commission recommends that the County Zoning
Administrator routinely require notice of the availability to
require a public hearing; and
NOW, THEREFORE, BE IT RESOLVED that the County Planning Commission
recommends to the Board of Supervisors APPROVAL of the Ordinance
Code Amendment as presented on June 27, 1995, by the following vote
of the Commission;
AYES: Commissioners - Clark, Gaddis, Hanecak, Braxton,
Straus, Wong, Terrell.
NOES: Commissioners - None.
ABSENT: Commissioners - None.
ABSTAIN: Commissioners - None.
MARVIN J. TERRELL
Chairman of the Planning
Commission, Contra Costa
County, State of Calif.
ATTEST:
Secr a of alanning Commission,
Con osta o ty, State of Calif.
i
RECEIVED
s o t's OCT 1 0 1995
CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Vll-1�
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Vol
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Request to s eak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Name.
hone: e7 C
�J Y
,if- C.G C
1 am speaking for myself or organization:
(name of organization)
CHECK ONE:
wish to speak on Agenda Item #J Date:6,. _
My comments will be: general for against
.,X- 1 wish to speak on the subject of �A-u,
I do not wish to speak but leave these comments for the Board
to consider:
Request to Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Name: Q2x& Phone: 1 ,z-`&$ l
Address: OM ,Arcl myye R4 . city: &LI-5i0±0
1 am speaking for myself_ or organization:
(name of orpniidWO
CHECK ONE:
_ 1 wish to speak on Agenda Item # I. Date: 10 D
My comments will be: general for against
1 wish to speak on the subject of
1 do not wish to speak but leave these comments for the Board
to consider.
Request to Speak Form
( THREE (3) MINUTE LIMIT)
Complete this form and place it in the box near the speakers' rostrum
before addressing the Board.
Name: AO A V3 Phone: �S .3 2
Address:zO23 City: D IA r"zC)
1 am speaking for myself_ or organization: D • A
(name of organization)
CHECK ONE:
_ I wish to speak on Agenda Item # P :3 Date: J o
My comments will be: general-- for against .
1 wish to speak on the subject
I do not wish to speak but leave these comments for the Board
to consider.
DIABLO PROPERTY OWNERS' ASSOCIATION
P.O. BOX 215
DIABLO, CA 94528
REC
OCT
October 9, 1995
CLERK BOARD OF SUPERVISORS
CONTRq COSTA CO.
Contra Costa County Board of Supervisors
County Administration Building
651 Pine Street
Martinez, CA 94553
Re: Small Lot Occupancy Ordinance Amendments
Dear Chair Bishop and County Supervisors:
Thank you for providing the Diablo Property Owners' Association ("DPOA") the
opportunity to comment on the proposed amendments to the Small Lot Occupancy
Ordinance (ZA 950008). We are particularly pleased to see that staff and the County
Planning Commission have recognized the comments made by the DPOA at the June 27,
1995 Planning Commission meeting and have attempted to address those concerns by
way of"administrative direction".
The DPOA strongly urges the Board, however, to include the following language
in Section 26-2.2102: "Unless otherwise required by this article, the zoning administrator
may, without a public hearing, decide applications for ...(3) any involved small lot
application unless a public hearing is timely requested by a member of the public in
either Kensington or Diablo after notice requirements have been met by the County
pursuant to Section 82-10.002(c)." _ -
While the proposed language of the ordinance which grants the Zoning
Administrator the discretion to hold a hearing or not may not pose a problem with the
current Zoning Administrator, the personalities of the position may change. Despite the
administrative direction from the Planning Commission to "routinely require notice of the
availability to require a public hearing", an ordinance which mandates such action gives
the community the assurance it feels it needs with these small lot applications.
Contra Costa County Board of Supervisors
October 10, 1995
Page Two
In the event the Board is not inclined to adopt the DPOA's proposed language, the
DPOA will not oppose the language proposed by staff.
Thank you again for your consideration.
Very truly yours,
JIM ADAMS, Vice President for
DEE GEISLER, President
Diablo Property Owners' Association
cc: DPOA Board of Directors
NOTICE OF A PUBLIC HEARING BEFORE THE
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
ON A PLANNING MATTER
COUNTY-WIDE AREA
AMENDMENT OF SMALL LOT
OCCUPANCY ORDINANCE
NOTICE is hereby given that on Tuesday, October 10, 1995,
at 2 : 00 p.m. in Room 107 of the County Administration Building,
corner of Pine and Escobar Streets, Martinez, California, the
Contra Costa County Board of Supervisors will hold a public
hearing to consider the following planning matters:
Recommendation of the Contra Costa County Planning
Commission on the proposed amendment to the Contra Costa County
Ordinance Code amending Section 82-10.002 to address concerns
that if a substandard lot otherwise qualifies for the small lot
occupancy exception, a building permit can be issued unless the
County Zoning Administrator determines that the location, size,
height and design of the proposed single family dwelling is not
compatible with the surrounding neighborhood. (County File#0008-5)
The location of the subject ordinance is within the County
of Contra Costa, State of California, (a more precise description
may be examined in the Office of the Director of Community
Development, County Administration Building, Martinez,
California) :
If you challenge this matter in Court, you may be limited to
raising only those issues you or someone else raised at the
public hearing described in this notice, or in written
correspondence delivered to the County at, or prior to, the
public hearing.
Date: September 25, 1995
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
B /I L Xrtoo�
Barbara SOGUt, Deputy
0
OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
651 PINE STREET
MARTINEZ, CALIFORNIA 94553
Phone: (510) 646-2371; FAX (510) 646-1059
PLEASE CONFIRM RECEIPT VIA PHONE
DATE:
TO:
FROM:
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BOARD OF SUPERVISU., 0 Contra
r1.41
SUPERVISOR JIM ROGERS ,x„11 i��{ iCOST { '��► Costa
a;.
County
March 2, 1995 �''"'' '
!E:
45 MAR 21 PM 2: 02 �7`T� `T
REQUEST THAT THE COMMUNITY EV. L MENT DIRECTOR AND COUNTY
SUBJECT: COUNSEL REVIEW AND REPORT,9�1 .,15f --IANGES TO THE "SMALL LOT'
ORDINANCE.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
REFER to the Community Development Director and County Counsel for review and
report to the Board of Supervisors the "small lot" ordinance (Ordinance 92-44) in order
to clarify the public hearing requirements and the noticing requirements of the ordinance.
BACKGROUND:
There appears to be some confusion regarding how the provisions of the "small lot"
ordinance are to be interpreted in terms of the "public hearing" requirements and in terms
of the "noticing" requirements. This became evident during the public hearing on
February 28, 1995 regarding the Kensington matter.
I would like staff to review the ordinance with a view to clarifying when a public hearing
is and is not required and to clarify which property owners are to be provided notice of
the public hearing.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
X 1 HEREBY CERTIFY THAT THIS IS A TRUE
.LL UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
MAR 7 1995
ATTESTED
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development Director
County Counsel
BY I�JV�W" Ate( DEPUTY
ORDINANCE TEXT AMENDMENT (County Proposed)
SMALL LOT OCCUPANCY ORDINANCE(ZT-#950008)
The proposed modification would clarify the ability of the Zoning Administrator
to determine whether to hold hearings with notification to the surrounding prop-
erties of proposed development on lots which do not meet zoning requirements
for minimum size or average width(small lots), to provide the opportunity to re-
quest a public hearing for such proposed development.
RECEIVED
County-wide. SEP 2 1 1995
CLERK BOARD OF S!IPF tV1SORS
CONTRA COSi.�C6.
Board of Supervisors
.Contra Costa County
October 10, 1995 - 2.00 P.M.
�V f
NOTICEOFA .. ..
-77 1 B HEA G;,
RIN
You are hereby.notified that on TUESDAY,JUNE 6, 1995 at 7:30 p.m. in Room 107,
McBrien Administration Building, 651 Pine Street, Martinez, California; the Contra
I Costa County. Planning Commission. will consider an ORDINANCE TEXT
i AMENDMENT as described as follows
COUNTY PROPOSED AMENDMENT TO THE SMALL LOT ORDINANCE,
County File:ZA950008: This.is a County proposed amendment of the Small.Lot
Occupancy Ordinance:The proposed modification would clarify the requirement for
notification to the surrounding properties"of proposed.development on Gots which.do
not meet zoning requirements for minimum'size or `average width (small;.lots),:
r
=If you challenge the project in court, you may be limited to raising only those issues
:you or someone else raised at the public hearing described in this notice, or in written
;correspondence delivered to the County at, or prior to, the public hearing.
t
For further details, contact the Contra Costa County Community Development
< Department, 651 Pine Street, Martinez, California, or phone.ROSE MARIE PIETRAS
at(510) 646-2031.
Harvey E. Bragdon, Director
Contra Costa County
Community Development Department
Yjk, �{
i
BOARD OF SUPERVISI,.(S Contra
SUPERVISOR JIM ROGERS ,,i};is; ,( 0.SIC, - ��► Costa
County
March 2, 1995
,E: 95 HAR 21 TM 2: 02
uaJECT. REQUEST THAT THE COMMUNITY (q,EV,� L MENT DIRECTOR AND COUNTY
COUNSEL REVIEW AND REPORT lyL� �JS,olI LkPVANGES TO THE'SMALL LOT'
ORDINANCE.
;PECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
REFER to the Community Development Director and County Counsel for review and
report to the Board of Supervisors the "small lot" ordinance (Ordinance 92-44) in order
to clarify the public hearing requirements and the noticing requirements of the ordinance.
BACKGROUND: .
There appears to be some confusion regarding how the provisions of the "small lot"
ordinance are to be interpreted in terms of the"public hearing" requirements and in terms
of the "noticing" requirements. This became evident during the public hearing on
February 28, 1995 regarding the Kensington matter.
I would like staff to review the ordinance with a view to clarifying when a public hearing
is and is not required and to clarify which property owners are to be provided notice of
the public hearing.
CONTINUED ON ATTACHMENT: -YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
APPROVE -OTHER
SIGNATURE(S): 4�
ACTION OF BOARD ON L4arrh 1 Clqr, APPROVED AS RECOMMENDED OTHER_•_
VOTE OF SUPERVISORS
A_
I HEREBY CERTIFY THAT THIS IS A TRUE .
A_UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED MAR 7 1995
Contact: PHIL BATCHELOR.CLERK OF THE BOARD OF
CC: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development Director
County Counsel (�{\\'Mnn� ��r/[�)\
•DEPUTY
f : Contra
— —
TO: BOARD OF SUPERVISORS Costa
n! - - _
o. -- County
FROM: HARVEY E. BRAGDON ;;�-� y�
DIRECTOR OF COMMUNITY DEVELOPMENT
STq CO UN•C'� �
DATE: September 8, 1995
SUBJECT: Proposed Amendment of Small Lot Occupancy
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Hold public hearing on proposed ordinance clarifying and
amending the small lot occupancy provisions of. County
Ordinance. Code (Section 82=10.002) .
2. Adopt proposed ordinance.
3. Provide administrative direction to the Zoning Administrator
requiring strict scrutiny of small lot applications in the
Kensington and Diablo areas.
FISCAL IMPACT
Npne.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On June 27, 1995 the County Planning Commission voted unanimously
to recommend adoption of the attached amended ordinance to the
Board of Supervisors.
The small lot review provisions (Section 82-10.002) of the County
Code was adopted by the Board of Supervisors on June 9, 1992
providing for the review and approval, conditional approval, or
denial by the Zoning Administrator of the location, size, height,
and design of a single family dwelling on a substandard lot.
In February, 1995 the Board of Supervisors, in review of an appeal
of an administrative small lot development approval, determined
that the small lot ordinance as written requires that a public
hearing be held prior to issuance of a building permi asmall
lot.
CONTINUED ON ATTACHMENT: x YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEfiDIVtdON F OARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: . ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Rose Marie Pietras - 646-2091
Orig: Community Development Department ATTESTED
cc: PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
2
In March, 1995 the Board of Supervisors directed staff to review
the Small Lot Occupancy Ordinance to clarify the public hearing
and notification requirements.
As directed by the Board of Supervisors, this ordinance code ,
amendment amends Section 82-10.002 of the County Ordinance Code to
address concerns that if a substandard lot otherwise qualifies for
the small lot occupancy exception, a building permit can be issued
unles the County Zoning Administrator determines that the
location, size, height and design of the proposed single family ,
dwelling is not compatible with the surrounding neighborhood. If
the Zoning Administrator determines the proposed dwelling appears
not to be compatible with the surrounding neighborhood, the Zoning
Administrator may (but is not required) to - schedule a public
hearing. After such determination, whether or not a hearing is
held, the Zoning Administrator may deny, approve or conditionally
approve the location, size, height and design of the proposed
dwelling to provide compatibility with the surrounding
neighborhood. If a hearing is scheduled, the notice provisions of
Section 26=2.2004 will apply.
The proposed amendment is intended to simplify the review of small
lot applications while allowing provision to require a public
hearing if the Zoning Administrator deems it appriopriate.
Therefore, the small lot occupancy exception in Section 82-10.002
remains the same: To recognize the grandfather status of small
lots that were at one time consistent with the applicable zoning
district or which were created prior to any applicable zoning
district and provide for neighborhood compatibility; and
For the purpose of establishing compliance with the California
Environmental Quality Act, staff finds that this activity is not
a project subject to CEQA, pursuant to Section 15061(b) (3) . It
can be seen with certainty that adoption of the proposed ordinance
could not have a significant effect on the environment because it
has no potential to change any aspect of the physical environment.
Planning Commission recommends to the Board of Supervisors that
the Zoning Administrator have administrative direction in
requiring strict scrutiny in areas with special circumstances
relating to vegetation, topography and existing neighborhood
development patterns. In the communities of Kensington and
Diablo, based upon public testimony gathered at the Planning
Commission hearing on this matter, the Commission recommends that
the Zoning Administrator routinely require notice of the
availability to require public hearing.
RMP/aa
BDIX/Small.RMP
9/8/95
ALTERNATIVE #2
ORDINANCE NO. 95-
(Small Lot Occupancy)
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text from the enacted or amended provisions of the County Ordinance
Code) .
SECTION I . SUMMARY. This ordinance amends section 82-10 . 002 to
address concerns that if a substandard lot otherwise qualifies for
the small lot occupancy exception, a building permit can issue
unless the zoning administrator determines that the location, size,
height and design of the proposed single family dwelling is not
compatible with the surrounding neighborhood. If the zoning
administrator determines the proposed dwelling appears not to be
compatible with the surrounding neighborhood, the zoning
administrator may (but is not required to) schedule a public
hearing. After such determination, whether or not a hearing is
held, the zoning administrator may deny, approve or conditionally
approve the location, size, height and design of the proposed
dwelling to .provide compatibility with the surrounding
neighborhood. If a hearing is scheduled, the notice provisions of
section 26-2 . 2004 will apply. The intent of the small lot
occupancy exception in section 82-10 . 002 remains the same : to
recognize the grandfather status of small lots that were at one
time consistent with the applicable zoning district or which were
created prior to any applicable zoning district and provide .for
neighborhood compatibility.
ORDINANCE NO. 94
(SECOND ALTERNATIVE AMENDMENT DRAFT)
ORDINANCE NO. 95-
SECTION II . Section 82-10 . 002 of the County Ordinance Code is
amended to read as follows :
82-10 . 002 Division and Consolidation
(a) Conveyance and Division Restriction. No person shall
divide or convey a lot or portion thereof, if this results
in one or more lots violating the width, yard, or setback
requirements of Divisions 82 and 84, unless a variance has
been granted in accordance with County Ordinance Code
variance provisions .
(b) Land Satisfying Requirements . Land used to satisfy the
area, width, yard, or setback requirements for one
dwelling unit cannot satisfy those requirements for
another unit.
(c) Small Lot Occupancy. Any lot of less area or width than
required by Divisions 82 and 84 may be occupied by a
single-family dwelling and its accessory buildings if : (1)
the yard and setback requirements of Divisions 82 and 84
are met, or a variance has been granted for yard and
setback requirements, and (2) the lot is delineated on a
recorded subdivision map, or at the time of the creation
of the lot (as evidenced by recording date) or at any time
since, the lot was consistent in width and area with the
applicable zoning district or the lot was created prior to
the application of zoning in its location. If a small lot
qualifies for occupancy by a single-family dwelling, then
ORDINANCE NO. 94
(SECOND ALTERNATIVE AMENDMENT DRAFT)
ORDINANCE NO. 95-
a building permit can issue unless the zoning
administrator determines that the proposed dwelling
appears not to be compatible with the surrounding
neighborhood. If the zoning administrator makes that
determination, the zoning administrator may, but is not
required to, schedule a public hearing to review the
proposed dwelling' s compatibility with and impact on the
surrounding neighborhood, in terms of its location, size,
height and design. If a public hearing is scheduled the
notice provisions of section 26-2 . 2004 shall apply. After
such determination, at the conclusion of the hearing, or
if no hearing is held, the zoning administrator may deny,
approve or conditionally approve the proposed dwelling in
order to provide neighborhood compatibility. (Ords. 95-
2, 92-44 § 2 , 79-69 § 2 : prior code § 8108 : Ords .
1371, 1206, 933 § 1, 382, § 9 [2] : see § 82-4 . 244 . )
SECTION III . Section 26-2 . 2102 of the County Ordinance Code is
amendedto read as follows :
26-2 . 2102 Decisions without public hearing. Unless otherwise.
required by this article, the zoning administrator may, without
public hearing, decide applications for:
(1) Variance permits pursuant to subsection (1) of Section 26-
22 . 1204 ;
(2) Minor subdivisions pursuant to subsection (3) of Section
ORDINANCE NO. 94
(SECOND ALTERNATIVE AMENDMENT DRAFT)
ORDINANCE NO. 95-
26-2 . 1204 including applications for improvement .
exceptions and
(3) After zoning administrator determination on it, any
involved small lot application pursuant to Section 82-
10 . 002 (c) . (Ord. 95- § 3 , 80-87 § 2 : See Gov. Code §
65901) .
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days after passage shall be
published once with the names of supervisors voting for and against
it in the Contra Costa Times, a newspaper published in this County.
PASSED ON , by the following vote :
AYES :
NOES:
ABSENT:
ABSTAIN:
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By.:
Deputy Board Chair
[SEAL]
djs-3\A:\1ot.ord
ORDINANCE NO. 94
(SECOND ALTERNATIVE AMENDMENT DRAFT)
qA
NOTICE:-OF_ At .
LIC .
You are hereby notified that on TUESDAY,JUNE 6, 1995 at 7:30 p.m. in Room 107,
McBrien Administration Building, 651"Pine Street, Martinez, California, the Contra
,Costa County Planning Commission:"will consider an ORDINANCE TEXT
AMENDMENT as described as follows ,...
COUNTY'PROPOSED" AMENDMENT TO-THE SMALL LOT ORDINANCE,
County;,File:ZA950008: This is a County proposed amendment of the Small.Lot
Occupancy Ordinance. The proposed rnod.ification"would clarify the requirement for
Fnotiftcation to the surrounding properties of proposed development on lots which do
.not,meet zoning requirements for minimum"size or.'average width (small lots),:
:If.you`challenge the project in court, you may be limited to raising only those issues
you or.someone else raised at the public hearing described-in this'notice, or in written
;correspondence delivered to the County.at, or prior to, the public hearing.
ee
For further,details, contact the Contra Costa County Community Development.
s 'Department,"651 Pine Street, Martinez;California, or phone ROSE MARIE PIETRAS
E at (510) 646-2031.
t ..
Harvey E. Bragdon, Director
Contra Costa County
Community Development Department
A "
NOTIFICATION LIST -PROPOSED ORDINANCE CODE AMENDMENT - M-950008 - SMALL
LOT OCCUPANCY..
CATHY GARZA
97 ARDMORE ROAD
KENSINGTON, CALIF. 9470.7
ARLENE REED
P. 0. BOX 785
DIABLOI CALIFORNIA 94528,
FREDERICK C. MAIDA
5260 ALHAMBRA VALLEY ROAD
MARTINEZ, CALIFORNIA 94553
JOHN R. GROSVENOR (KMAC)
4 FRANCISCAN WAY
KENSINGTON, CALIFORNIA 94707
DIABLO PROPERTY OWNERS' ASSOC.
P. 0. BOX 215
DIABLO, CALIFORNIA 94528
ATTN: DEE GEISLER, PRESIDENT
DIANE GOSSARD
166 ARDMORE ROAD
KENSINGTON, CALIFORNIA 94707
_. t
MIKE STOLL
BOX 548 a �S
CROCKETT, CALIFORNIA 94525 "1
)YA
GEOFFREY MILLER . I y
1853 DEL RIO DRIVE l• �t
LAFAYETTEI CALIFORNIA 94549
__ P
RECEIVED
SEP 2 0 199b
\11 Commissioners PRESENT.
'taff: D. Barry, D�.. Tompkins,
K BOARD OF SUPERVISORS
CONTRA STA
R.M.Pietras,. C. Kutsuris,. C:
Dr. Walker & A. Soto. COUNTY PLANNING COMMISSION
JUNE 27, 1995
ROOM 107-COUNTY ADMINISTRATION BUILDING
PINE AND ESCOBAR STREETS;MARTINEZ
CHAIR: M.Terrell
VICE-CHAIR: J. Straus
COMMISSIONERS: M.Braxton, R.Clark,C. Gaddis,J. Hanecak,H.Wong
NOTICE: Commission may change the order of items on the agenda at the,beginning of the meeting.
Except for the public comment item, no now items Involving the opportunity for public hearing will be
considered by the Commission after 10:00 p.m. unless specifically authorized by a majority of the
Commission present. Items not heard may be rescheduled to the next hearing.
Environmental Impact Reports have been prepared for each of the agenda items indicated by an asterisk
*7:30 P.M.*****
No Public Comments.1 PUBLIC COMMENTS
ORDINANCE TEXT AMENDMENT: CLOSED PUBLIC HEARING
2. ZONING ORDINANCE-MAIN AND ACCESSORY BUILDINGS,County File#ZT 1-89: This is a hearing to consider a
APPROVED as recommendec'oroposal to amend the Contra Costs County Ordinance Code in residential zoning districts to clarify existing regulations
by Staff. regarding height and size of main and accessory buildings. This proposed Ordinance will affect all of the
unincorporated areas of Contra Costa County. (This file has been referred to as County File #ZA 1-91 in recent
postings.) (Closed for Decision from 6-6-95) DT
3. ZT950004. This is a review of a proposed County Ordinance Amendment prohibiting the commercial sale of firearms
APPROVED as modified and ammunition in residential districts. The proposed Ordinance would also require a land use permit for firearm and
& recommended by ammunition sales in any other zoning district where such sales otherwise would be permitted. The Planning
staff. Commission will be asked to develop a recommendation to the Board of Supervisors. The Ordinance review has been
requested by the Board of Supervisors.(Closed for Decision from 6-6-95) RMP
,ORDINANCE TEXT AMENDMENTCONTINUED PUBLIC HEARING
"File ZA950008- This is a County
4. COUNTY PROPOSED AMENb' 6:tl!ESMALL LOT OR INANQEJCountWleZA950008!
APPROVED 21d.recommen— proposed amendment' of—th—e
S—mall CoOccupancy Ordinance. The proposed modification wouldclarify the requirement
dation with amendments for notification to the surrounding properties of proposed development on lots which do not meet zoning requirements
for minimum size or average width(small lots)to provide the opportunity to request a public hearing for such proposed
development. (Continued from 6-6-95) RMP
BOARD OF APPEALS:LAND USEPERMIT:CONTINUED PUBLIC HEARING
5. SMART SMR OF CALIFORNIA (Applicant)-ALEXANDER T. SHULGIN(Owner), County File #2080-94(LP942080);
DENY Appeal & APPROVE This is an appeal by the applicant of the Zoning Administrator's decision to approve the request for a land use permit
With revised conditionsto establish an unmanned telecommunications facility consisting of a 200 square foot equipment building and a 25
agreed to by applicant foot high antenna structure. Subject site is a 8.395 acre parcel located south of the southeast corner of Pleasant Hill
and neighbors. , and Shulgin Road. The proposed project will be accessed from the terminus of Hercules Drive off of Monarch Ridge
Road in the Lafayette area. (R-20) (ZA: M-13) (CT 3400.02) (Parcel #169-150-001) (Continued from 5-23-95) DT
LAND USE PERMIT
6. SCHELL&MARTIN, INC. (Applicant)-M.B.LINE(Owners), County File#2097-89: The applicant requests approval
CONTINUE to August 22, of an amendment to their existing land use permit for the Oakmont Memorial Park Cemetery to allow a second floor
1995 meeting for plans td,*e existing Tranquility Mausoleum and to alter the location of the buffer zone such that the existing Tranquility
for mausoleum. MaOsoleum and the 22,200 square foot existing lawn space surrounding the Tranquility Mausoleum may be utilized
for ground burial. The approximately 93'acre cemetery site is located to the northwest of the intersbction of Grayson
Road and Reliez Valley Road in the Pleasant Hill/Martinez area. (A-2)(CT 3470.00)(Parcel 365-170-025) CK
BOARD OF SUPERVISUR , ` Contra
SUPERVISOR JIM ROGERS ,t i, I r0.S>T�, Costa
"�� �- • �`
March 2, 1995 County
�""
(E: 45 MAR 21 PM 2: 02 ��sT, `T
REQUEST THAT THE COMMUNITYD '�IEY, L MENT DIRECTOR AND COUNTY
SUBJECT: � �
COUNSEL REVIEW AND REPORT[p �J Sf'• Pt ANGES TO THE ��SMALL LOT
ORDINANCE.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
REFER to the Community Development Director and County Counsel for review and
report to the Board of Supervisors the "small lot" ordinance (Ordinance 92-44) in order
to clarify the public hearing requirements and the noticing requirements of the ordinance.
BACKGROUND:
There appears to be some confusion regarding how the provisions of the "small lot"
ordinance are to be interpreted in terms of the "public hearing" requirements and in terms
of the "noticing" requirements. This became evident during the public hearing on
February 28, 1995 regarding the Kensington matter.
I would like staff to review the ordinance with a view to clarifying when a public hearing
is and is not required and to clarify which property owners are to be provided notice of
the public hearing.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_.PPROVE OTHER
SIGN4TURE S : ^ / 1/2 4/
ACTION OF BOARD ON March I Q9R APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
X I HEREBY CERTIFY THAT THIS IS A TRUE
,C L_UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
MAR 7 1995
ATTESTED '
Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development Director
County Counsel
ay DEPUTY
OFFICE OF THE CLERK OF THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY
651 PINE STREET
MARTINEZ, CALIFORNIA 94553
PhODe: (510) 646-2371; FAX (510) 646-1059
PLEASE CONFIRM RECEIPT VIA PHONE
DATE: IO --� - ��
TO: 1
eUA? ►"CIA e-
�} A(
FROM:
TOTAL PAGES INCLUDING THIS COVER: {C7
,
PLEASE ADVISE IF FOR ANY REASON YOU DO NOT RECEIVED THIS ITEM
COMPLETE2
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ORDINANCE NO. 95-51
(Small Lot Occupancy)
The Contra Costa County Board of Supervisors ordains as
follows (omitting the parenthetical footnotes from the official
text from the enacted or amended provisions of the County Ordinance
Code) .
SECTION I. SUMMARY. This ordinance amends section 82-1.0 .002 to
address concerns that if a substandard lot otherwise qualifies for ,
the small lot occupancy exception, a building permit can issue
unless the zoning administrator determines that the location, size,
height and design of the proposed single family dwelling is .not
compatible with the surrounding neighborhood. If the zoning
administrator determines the proposed dwelling appears not to be
compatible with the surrounding neighborhood, the zoning
administrator may (but is not required to) schedule a public
hearing. After such determination, whether or not a hearing is
held, the zoning administrator may deny, approve or conditionally
approve the location, size, height and design of the proposed
dwelling to provide compatibility with the surrounding
neighborhood. If a hearing is scheduled, the notice provisions of
section 26-2 .2004 will apply. The intent of the small lot
occupancy exception in section 82-10 .002 remains the same: to
recognize the grandfather status of small lots that were at one
time consistent with the applicable zoning district or which were
created prior to any applicable zoning district and provide for
neighborhood compatibility.
ORDINANCE NO. 95- 51
SECTION II. Section 82-10. 002 of the County Ordinance Code is
amended to read as follows:
82-10. 002 Division and Consolidation
(a) Conveyance and Division Restriction. No person shall
divide or convey a lot or portion thereof, if this results
in one or more lots violating the width, yard, or setback
requirements of Divisions 82 and 84, unless a variance has
been granted in accordance with County Ordinance Code
variance provisions.
(b) Land Satisfying Requirements. Land used to satisfy the
area, width, yard, or setback requirements for one
dwelling unit cannot satisfy those requirements for
another unit.
(c) Small Lot Occupancy. Any lot of less area or width than
required by Divisions 82 and 84 may be occupied by a
single-family dwelling and its accessory buildings if : (1)
the yard and setback requirements of Divisions 82 and 84
are met, or a variance has been granted for yard and
setback requirements, and (2) the lot is delineated on a
recorded subdivision map, or at the time of the creation
of the lot (as evidenced by recording date) or. at any time
.since, the lot was consistent in width and area with the
applicable zoning district or the lot was created prior to
the application of zoning in its location. If a small lot
qualifies for occupancy by a single-family dwelling, then
J04�I N �-5
ORDINANCE NO. 95-_5j_
a building permit can issue unless the zoning
administrator determines that the proposed dwelling
appears not to be compatible with the surrounding
neighborhood. If the zoning administrator makes that
determination, the zoning administrator may, but is not
required to, schedule a public hearing to review the
proposed dwelling' s compatibility with and impact on the
surrounding neighborhood, in terms of its location, size,
height and design. If a public hearing is scheduled the
notice provisions of section 26-2 .2004 shall apply. After
such determination, at the conclusion of the hearing, or
if no hearing is held, the zoning administrator may deny,
approve or conditionally approve the proposed dwelling in
order to provide neighborhood compatibility. (Ords . 95-
51 , § 2, . 92-44 § 2, 79-69 § 2 : prior code § 8108 : Ords.
1371, 1206, 933 § 1, 382, § 9 [2] : see § 82-4 .244 . )
SECTION III. Section 26-2 .2102 of the County Ordinance Code is
amended to read as follows :
26-2 .2102 Decisions without public hearing. Unless otherwise
required by this article, the zoning administrator may, without
public hearing, decide applications for:
(1) Variance permits pursuant to subsection (1) of Section 26-
22 .1204 ;
(2) Minor subdivisions pursuant to subsection (3) of Section
O -
ORDINANCE NO. 95- 51
26-2 . 1204 including applications for improvement
exceptions and
(3) After zoning administrator determination on it, any
involved small lot application pursuant to Section 82-
10 . 002 (c) . (Ord. 95-51 , § 3, 80-87 § 2 : See Gov. Code §
65901) .
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and• within 15 days after passage shall be
published once with the names of supervisors voting for and against
it in the Contra Costa Times, a newspaper published in this County.
PASSED ON October 10, 1935 by the following vote :
AYES: Supervisors Rogers, DeSaulnier;, Torlakson and Smith
NOES: None
ABSENT. .Supervisor Bishop
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
By. Ann Cervelli Jeff Smith
Deputy Board Chair
ORD AN NO - 5