HomeMy WebLinkAboutORDINANCES - 10101995 - 95-51 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 82-10 . 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.
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ORDINANCE NO. 95- 51
SECTION Il. Se'ction 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
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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,,-, Tor-lakson and Smith
NOES: None
ABSENT: Supervisor Bishop
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of
the Board and County Administrator
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ORDINANCE NO. 95 - 51