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HomeMy WebLinkAboutORDINANCES - 12141936 - 0245 ORDINANCE NO. 245 Said application shall be transmitted by as principal, agent, employee or other- AN ORDINANCE OF THE COT'NTY OF said County clerk to the County Planning wise, violating or causing or permitting CONTRA COSTA, STATE OF CALI- Commission, which shall consider the same the violation of any of the provisions of FOR.NIA, INSTRTTCTING THE COUNTY and shall report its recommendations with this ordinance shall be zruilty of a misde- PLANNING COMMISSION OF SAID respect thereto to the Board of Supervisors. meanor and upon conviction thereof shall COTTNTY TO PREPARE A ZONING OR Said Board of Supervisors shall consider be punishable by a fine of not more than DISTRICTING PLAN A•S A PART OF such application and report at its next Three Hundred ($300.00) Dollars or by THE MASTER PLAN OF SAID COUN- succeeding meeting following receipt of imprisonment in the County Jail of said TY; APPLYING CERTAIN REG-17LA- such report from the County Planning County for a term not exceeding three (3) TIONS TO THE USE OF LAND, Commission. Said Board of Supervisors months or by both such fine and imprison- BTTILDINGS AND STRUCTURES AND may issue such permit if in the opinion of ment. Such person, firm or corporation TO THE ERECTION, CONSTRUCTION said Board the proposed building, structure shall be deemed to be guilty of a separate AND ALTERATION OF BiTITjDINGS, or use rill not be in conflict with the pur- offense for each and every day during any STRTTCTt7RES AND IMPROVEMENTS, pose of this ordinance, or said Board of portion of .which any violation of this ordi- PENDING THE ADOPTION BY THE Supervisors may refuse to issue such per- nance is committed, continued or permitted BOARD OF STTPERVI SORS OF A mit, or may issue such permit subject to by such person, firm or corporation, and ZONING OR DISTR.ICTTNG PLANT: specified conditions designed to accomplish shall be punishable as herein -provided. AND PRESCRIBING PENALTIES FOR tl)e purposes of this ordinance. Any building or structure set up, erected, THE VIOLATION OF ANY OF THE, Section 4, constructed, altered, enlarged, converted, PROVISIONS HEREOF. No building or structure, the construe- moved or maintained contrary to the pro- The Board of Supervisors of the County tion of which has been heretofore com- visions of this ordinance and/or any use of Contra Costa do ordain as follows: r!menced, But which has not been completed of any land, building or,premises estab- Section 1, at the time of the adoption of this ordi- lished, conducted, operated or maintained The County Planning Commission of the nance, shall hereafter be completed for any contrary to the provisions of this ordinance County of Contra Costa. shall ;proceed to purpose other than one-family residential shall be and the sante is hereby declared prepare a tonin. or districting plan as a in character or accessory and incidental to be unlawful and a public nuisance and part of the master plan of said County, thereto within any Interim Land Use Dis- the District Attorney of said County shall, in the manner prescribed by law, and trict, as hereinafter in this ordinance set upon order of the Board of Supervisors, shall submit to the Board of SupervFsors forth, unless and until, in any such case, a immediately commence action or proceed- of said County the reports thereon -%vbiclmpermit for such completion shall first have ings for the abatement and removal and are required by law. Said Board of Su- been secured from. the Board of Supervisors enjoyment thereof in the manner provided pervisors hereby declares it to be its in- of said County. The procedure for se- by lav and shall take such other steps tention to proceed with the considerationcurinEz any such permit shall be the same and shall apply to such court or courts as of the aforesaid proposed -.mlan and rexro,­Ts as that provided for in Section 3 of this may have jurisdiction to grant such relief thereon, when the same shall have been ordinance as will abate and remove such building or made. and to adopt a. tonin,� or di strictingSE1ction 5. structure and restrain and enjoin any per- plan for said County in the manner pre- son, firm or corporation from setting up, scribed by law. Said Board of Sunervisors Interim Land Use District Number One erecting, building, maintainingor using hereby finds that oti,ing to the ;regi terri- is l:�erebY established, consisting of the any such building or structure or using any following; clesc:•ibed territory: s of this toria.l extent of said County and the neces- property contrary to the provision sity for the careful strdies and thoroufrh All that portion of the unincorporated ordinance. analyses of facts in the preparation of the territory of the County of Contra Costa The remedies provided for therein shall a,foresa.id zoning or districting plan, con- which is described as follows to-wit: be cumulative and not exclusive. siderable time will necessarily elapse be- Be,:,innlnfl at a point on the divid- Section 7. fore said plan or any substantial part in.- line between the Counties of Contra If any section, sub-section, sentence, thereof -Till be before said Board for con- Costa. and Alameda at the most South- clause or phrase of this ordinance is for sideration, and that certain regulations of ei y c,orr.er bf Block E, as said Block anyreason held by a court of competent an interim nature are necessary to be is so desil-Mated and delineated upon jurisdiction to be invalid, such decision adopted at this time in order to assure that ce;�taln ma.p entitled "Alap of shall not affect the validity of the remain- the orderly and haT•moniotrc development of Ber?=.eley Woods, Contra Costa County, in,- portions of this ordinance. The Board said County, to protect the character and Cal.," filed November 21., 1917, in of Supervisors of the County of Contra stability of residential areas and of sound Book 16 of Mans, pages 338 and 339, Costa hereby declares that it would have land uses in general and otherwise to nro- Recordr of Contra Costa County, and passed this ordinance and each section, sub- test the public health, safety, comfort, from which point a, granite monument section, sentence, clause and phrase there- convenience and general -welfare pending set at an an;=le in said divi din---line bears of, irrespective of the fact that any one the preparation and adoption of the afore- N. 390-12p, W., 205.43 feet.; thence N. or more sections, sub-sections, sentences, said zoning or dist.rictin'. plan. Said regu- 4411-39► E. along the Southerly bound- clause or phrases be held invalid. lations are hereinafter in this ordinance set ary line of blocks E, IF, and G of said Section 8. forth. map, 983.98 feet to a point on the This ordinance is hereby declared'to be Section 2. Westerly boundary line of Spruce an urgency measure and shall take effect Within any Interim Land Use District, Street. as said street is so designated and shall be in full force immediately as hereinafter in this ordinance set forth, and delineated upon the aforesaid map; upon its adoption and within fifteen (15) no use of any land. buildinm or other thence running a.lon€'; the said bound- clays after.said adoption shall be published structure shall hereafter be established or ary line of Spruce Street in a general wtih the names of the members voting for established and conducted, and no build- Northwesterly direction and following and against the same for one (1) week in ing or other structure shall hereafter be the curvature thereof to the point of the El Cerrito Journal, a newspaper of erected, constructed, moved or converted, intersection of said line with the cen- -,eni:�,ral circulation printed and published in if such use of such building or structure or ter line with the center line of Wood- said County. The conditions constituting the Prection, construction, moving or con- mont Az.enue; thence N. 55°-03? W., such urgency are as follows, to-twit: Cer- version of the same would be detrimental 161.84 feet; thence N. 64°-50P W., tain uses of land, buildings and structures to property and improvements in the neigh- 24 2.6 3 feet; thence S. 710-IOP W., would, if established and conducted within borhood of st]rh land. building or structure, 110.0 feet to a point on the dividing any Interim Land Use District established or injurious to persons residing or working Iine between the Counties of Contra by this ordinance, be a menace to the pub- in such neighborhood or ba,7ardous to traf- Cosi.a and :Alameda; thence South- lie health, safety and general welfare. fie on adjacent streets or hi-bwa.ys or if easterly long said dividing line to the Said Board of Supervisors hereby finds the same would otberivise -vIzierRely affect point of beginning. that various persons intend to erect build- the welfare of such neir2,hborheod or imraIr Being a tract of land delineated ings or structures and use the same and the orderly and harmonious development and so designated upon that certain to use land for such purposes, and will do thereof or of said County, map entitled "Ma.p of Berkeley Woods, so unless restrained therefrom. The imme- Section 3. Contra, Costa, County, Cal." filed No- diate operation of this ordinance is there- No use of any land, buildings or other vember 21, 1917, in Book 16 of Maps, fore necessary in order to protect the pub- strrrcture, which use is other than one- Pages 338 and 339 in the office of the lic health, safety and general welfare. family residential in character or asses- County Recorder of the County of Con- sory and incidental thereto. shall hereafter tra, Costa. State of California. The foregoing ordinance was passed and be established or established and con- Section $. adopted by the Board of Supervisors of ducted, and no building or other structure All departments, officials and public em- the County of Contra Costa, at a special which is designed and/or intended to be ployees of the County of Contra Costa session of said Board, held on the 14th used for any purpose other than one-family which are vested with the duty or author- day of December, 1936, by the following residential in character or accessory and ity to issue permits or licenses shall con- vote to-wit: incidental thereto, shall hereafter be erect- form to the provisions of this ordinance AYES: Supervisors Long, Cummings, ed, constructed, moved or converted within and shall issue no such permit or license Buchanan and Trembath. any Interim Land Use District, as hereina.f- for uses, buildings, or purpose if the same NOES: NONE. ter in this ordinance set forth, unless and would be in conflict with the provisions of ABSENT: Supervisor Stow. until, in any such case, a permit for such this ordinance, and any such permit or establishing or establishing and conducting license, if issued in conflict with the pro- W. J. BUCHANAN, or for such erection, construction, moving or visions of this ordinance, shall be null Chairman of the Board of Supervi- conversion shall first have been secured from and void. sors of the County of Contra Costa, the Board of Supervisors of said. County. It shall be the duty of the Sheriff of State of California. Application for any such permit shall be the County of Contra Costa and of all ATTEST: made to the County Clerk of said County officers of said County charged by law S. C. WELLS, and shall be accompanied by plans of any with the enforcement of this ordinance to County Clerk and Ex-Officio Clerk proposed building or structure, together enforce this ordinance and all the provi- of the Board of Supervisors of the with drawings or sketches showing the sions of the same. County of Contra Costa, State of front, sides and rear elevations thereof. Any person, firm or corporation, whether California. 44-4-1M-79 I Affidavit of Publication r Contra Costa county. 1 ------------------------------------------------------------ { I Ordinance .,o. 245 -------------------------------------------------------------------------------------------------- =ti•�y K' Jt: j ------------------------------------------------------------------------------------------------ I Anti ------------------------------------------------------------------------------------------------ Burn COUNTY OF CONTRA COSTA �, SS Falling.asleep � STATE OF CALIFORNIA Mast Sunday.nigh - "Charles Kennedy.....--., s � Kennedy aw.ok� -------------liv . -- -I----�_OLM'Te 1-1------------------------------being first duly sworn ing ablaze. H r He aA { deposes and says: That at all times hereinafter mentioned ....he was a citizen = and collapsed of r]. of the United States over the age of twenty-one ears and a resident of said Motorists took hi�� y- y � hospital where hey . County, and was and during all said time the Publisher of THE JOURNAL, r= a newspaper of general circulation printed and published weekly in the City gency treatment. t.o the county + of El Cerrito, in said County of Contra Costa,•State of California; that said Kennedy, on F THE JOURNAL is and was at all times herein mentioned a newspaper of tif'.:r, �; r known relativ general circulation as that term is defined by Section 4460 of the Political {\testa wlch,is descr y Code, and, as provided b said section is to••wit s='�'° y published for the dissemination of Begliaing at a po local and telegraphic news and intelligence of a - _ g general character, having a ding Line between . ritra.._Jcosta and bona fide subscription list of paying subscribers, and is not devoted to the Most ,Southerly corn - interest, or published for the entertainment or instruction of a particular as Wd'Biocg is so J class profession, trade calling, race denomination or for the entertainment delineated upon Aha P ! g, ! ! titled "map of B or instruction of an number of such classes, `rofe ions atra. Costa Count. s ss trades, lin Y t d s callings, ! P ! ! g ! ovember 21, 1917, i races or denominations,; that at all said times said newspaper has been estab- aps pages 338 and ,. ntra-point Coun �. lished, printed and published. In said City of E1 Cerrito, in said County and • i �I.1l N State at intervals for more than one year preceding the first publication of t at an angle in saf "'�" ....._.} ar N. 29°-12' W the notice hereinmention h o ed, tat said notice was set in type not smaller than lenge N. _ . nonpareil, and was preceded with words printed in black face type not smaller ► # erly boundary .� a V,�and Qr of said than nonpareil, describing and expressing in general terms the purport and point on the �=�" dura_iine of Spruce character of the notice intended to be given; that the----------------------------------------- --------------------------- ;- street is so design etd upon the a ' QI1 'a Costa CountqrdinanceALnce running alo------------------------------------------------------ ---- ----------- -- ---, o.----X45------------------. ' t4oire8 meas Buz 5 ----------------------------------------------------------------------------------------------------------------------------------- J •� �. ! --------------------------------------------------------------------------------------------------- ---,of which the annexed is a printed copy, was published and printflrd In said newspaper at , - Vjgj least -------- -- --------- &woo— commencingon the------------------------------------da of-------------------------------------------------- 7 ----December_ ------- 110 y --------------• "z 19-----_ and ending on the----------�.'7 t�--------------------------------------------------- '� �` �� ----day of a Z .� off �OOZ t ------------- ----of_--_T_e c_eMber_------------- _6-__ to-wit: _19 , b � 4.4, .,.. B December 1'7_x_ 1.936. -� p f -------—------------------------—-------------- ---------------------------------------------------- >r ----------------------------------------------------------------------------------------------------------------------------------- ' ---------------------------------------------------------------------------------------------------------------------------------- ; N1 --------------------------------------------------------------------------------------------------- ______________,_--_____________-_______-_—_____--____--_________-___-__-__---___-_---____-___--____-------_-----------------__-_--_ y�1 l f That the notice was published in the newspaper ro proper and no i -P P t n a sup- plement. mow_ ------------------------ --- '�--------- ------------�,- ---- ------ S. scribed and sworn to beforethis me --------------- -----------------------day of ------- - - - --- --------------19-1 Notary Public in and for Contra Co County,State of California. 1 forth. 2 Section 2* 3 Within any Interim Land Use District, as hereinafter in 4 1this ordinance set forth, no use of any land, building or other 5 structure shall hereafter be established, or established and 6 conducted, and no building or other structure shall hereafter 7 be erected, constructed, moved or converted, if such use of 8 such building or structure or the erection, construction, moving 9 or conversion of the same would be detrimental toproperty and 10 improvements In the neighborhood of such land, building or 11 structure , or injurious to persons residing or working in such 12 neighborhood or hazardous to traffic on adjacent streets or 13 i highways or if the same would otherwise adversely affect the 14 welfare of such neighborhood or impair the orderly and harmonaw 15 sous development thereof or of said County* 16 section 3,& 400� MOMM"M 17 No use of any land, building or other structure , which use 18 is other than one-family residential in character or accessory 19 and incidental thereto, shall hereafter be established or 20 established and conducted, and no building or other structure 21 which is designed and/or intended to be used for anypurpose 22 other than one-family residential in character or accessory and 23 incidental thereto, shall hereafter be erected, constructed, 24 moved or converted within any Interim Land Use District,, as 25 hereinafter in this ordinance set forth, unless and until, in 26 any such case , a permit for such establishing or establishing 27 and conducting or for such erection, construction, moving or 28 conversion shall first have been secured from the Board of 29 Supervisors of said County* Application for any such permit 30 shall be made to the County Clerk of said County and shall be 31 accompanied by Dlans of any proposed building or structure, 002 4M together with drawings or sketches showing the front, sides and 2 rear elevations thereof* Said application shall be transmitted 3 by said County Clerk to the County Planning Commission, 'Which 4 shall consider the same and shall report its recommendations 5 with respect thereto to the Board of Supervisors* Said Board 6 of Supervisors shall consider such application and report at 7 its next succeeding meeting following receipt of such report 8 from the County Planning Commission. Said Board of Supervisors 9 may issue such permit if in the opinion of said Board the 10 proposed building, structure or use will not be In conflict with 11 the purposes of this ordinance, or said Board of Supervisors 12 may refuse to issue such permit, or may issue such permit sub- 13 ject to specified conditions designed to accomplish the purposes 14 of this ordinance* 15 Section 4# 16 No building or structure , the construction of which has 17 been heretofore commenced but which has not been completed . at 18 the time of the adoption of this ordinance, shall hereafter be 19 completed for any purpose other than one-family residential in 20 , character or accessory and incidental thereto within any Interim 21Land Use District, as hereinafter in this ordinance set forth, 22 unless and until, in any such case, a permit for such completion 23 shall first have been secured from theBoard of Supervisors of 24 said County. The procedure for securing any such permit shall 25 1 be the same as that provided for in Section 3 of this ordinance. 26 Section 5* 27 Interim Land Use District Number One is hereby established, 28 consisting of the following described territory, 29 All that portion of the unincorporated territory of the 30 County of Contra Costa which is described as follows, toowit: 31 Beginning at a point on the dividing 1ine between the ll i 4 4 f I+ I i 1 Counties of Contra Costa and Alameda tt the most Southerly 2 corner of Block E, as said Block is so designated and delineated t 3 upon that certain map entitled "Map of Berkeley Woods, Contra 4 11tosta County, Cale ," filed November 21 1917, in Book 16 of Maps t 5 pages 338 and 339, Pecords of Contra Costa County, and from which 6 �point a granite monument set at an angle in said dividing line f 1'y , l I,bears' N*29*mw,12tW. , �w.205.43 feet *, thence N.44 3gt E. , along the 8 Southerly boundary line of Blocks EFand G of said ma 9 '983.98 feet to a point on the Westerly boundary line of SP ruee 10 Street as said street is so designated nated and delineated upon the � g _ P 11 aforesaid said map; thence running along the said boundary line of 12 Spruce Street in a general Northwesterly direction and following 13 the curvature thereof to theP oint of intersection of said line 14 with the center line of Woodmont Ave nue ; thence N.55°--03 f . , 15 161.£4 feet; thence N*640--50th, , 242.63 feet; thence 5.710-101 . , 16 110.00 feet to a point on the dividing line between the Counties 17 of Contra Costa and Alameda; thence southeasterly along said 18 dividing line to the point of beginning. 19 Being a tract of land delineated and so designated upon 20 that certain map entitled "Map of Berkeley Woods, Contra Costa 21 County Call' filed November 2l 1917' in Book 16 of a s County, s : P , 22 pages 338 and 339 in the office of the County Recorder of the 23 County of Contra Costa State of California* 24 Section 6 * 25 All departments, officials and public employees of the County 26 of Contra Costa which are vested with the duty or authority to 27 issue permits or licenses shall conform to the provisions of this P 28 ordinance and shall i s sue no suchermit or license cen se for uses, P , 29 buildings, purposes or if the same would be in conflict with the 30 ov h provisions of t this ordinance, and any such permit or license , if 31 - issued in conflict with the provisions of this ordinance, shall be . 4.. 1 null and void,, 2 It shall be the duty of the Sherif f of the County of 3 I' Contra Costa and of all officers of said County charged by law 4' with the enforcement of this ordinance to enforce this ordinance 5 , and all theprovisions of the same * 6 Any person, firm or corporation, whether as principal, 7 agent, employee or otherwise , violating or causing or permitting 8 the violation of any of the provisions of this ordinance shall 9 be guilty of a misdemeanor and upon conviction thereof shall be 10 punishable be a fine of not more than Three Hundred ($300,00) 11 iDollars or by imprisonment in the County Jail of said County for 12 a term not exceeding three (3) months orb both such fine and 13 imprisonment* Such person, firm or corporation shall be deemed 14 to be guilty of a separate offense f©r each and every day during 15 any portion of which any violation of this ordinance is committed, 16 continued or permitted by such person, firm or corporation, and 17 shall be punishable as herein provided* 18 Any building or structure set up, erected, constructed, 19 altered, enlarged, converted, moved or maintained contrary to the 20 provisions of this ordinance and/or any use of any land, building 21 or premises established, conducted, operated or maintained 22 contrary to the provisions of this ordinance shall be and the 23 same is hereby declared to be unlawful and a public nuisance 24 and the District Attorney of said County shall, upon order of 25 the Board of Supervisors, immm-e-diately commence action or proceed,- 26 Ings for the abatement and removal and enjoinment thereof in the 27 manner provided by law and shall take such other steps and shall 28 apply to such court or courts as may have jurisdiction to grant 29 such relief as will abate and remove such building or structure 30 and restrain and enjoin any person, firm or corporation from 31 1 setting up, erecting, building, maintaining or using any such 4M5- • 1 building or structure or using any property contrary to -the 2 provisions of this ordinance* 3 The remedies provided for herein shall be cumulative and 4 not exclusive* 5 section 7* 6 If any section, sub-section, sentence, clause or phrase 7 of this ordinance is for any reason held by a court of competent 8 Jurisdiction to be invalid, such decision shall not affect the 9 validity of the remaining portions of this ordinance o The Board 10 of Supervisors of the County of Contra Costa hereby declares that 11 it would have passed this ordinance and eachsection, sub,-. 12 section, sentence , clause and phrase thereof, irrespective of 13 the fact that any one or more sections, sub-se ctions, sentences 14 clauses or phrases be held invalid* 15 section 8* "venom 16 This ordinance is hereby declared to be an urgency 17 measure and shall take effect and shall be in full force 18 immediately upon its adoption and within fifteen (15) days 19 after said adoption shall be published with the names of the 20 members voting for and against the same for one (1) week in the 21 The El Cerrito Journal 22 a newspaper of general circulation printed and published in stid 23 County* The conditions constituting such urgency are as follows, 24 too-wit: Certain uses of land, buildings and structures would, 25 If established and conducted within any Interim Land Use District 26 established by this ordinance , be a menace to the public health, 27 safety and general welfare Said Board of Supervisors hereby 28 f inds that various persons intend to erect buildings or structures 29 and to use the same and to use land for such purposes, and will 30 do so unless restrained therefrom. The immediate operation of 31 r { 7 1 ° this ordinance is therefore necessary in order top rotect the 2 public health, safety and general welfare * 1 t S 3 4 f 5 6 r The foregoing ordinance was passed and adopted by the 7 Board of Supervisors of the County of Contra Costa, at a special 8 j session of said Board, held on the 14th day of December, 1936, 9 by the following vote , to wit 10 11 AYES: Su�3ervi:�ors Long, Cummings, Buchanan and Trembath, 12 13 NOES: Done 14 15 ABSE T* Sunervi sor, stolyr. 16 1'7Oe A r Cha an o e Boer o Supero sors 18 of #be County of Contra Costa, State of California. 19 .ATTEST 20 21 County er an x- ffIclo Clerk o the Board of Supervisors of the Counter 22 of Contra Costa, State of California 23 24 25 26 2'7 28 29 30 31 - 7-