HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-101 THE BOARD OF SUPERVISORS,AS THE If
GOVERNING BODY OF THE CONTRA COSTA COUNTY 60,4
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on February 26, 2002,by at least a four-fifths vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: Nene RESOLUTION NO. 20021101
Contra Costa County Flood Control and Water Conservation District Act(Section 31)
(Gov't Code§ 25363)
SUBJECT: ADOPT Resolution No. 2002/101 approving Notice of Intention to sell District's surplus real
Property identified as Assessor's Parcel No. 187-110-050 (Formerly known as portions of Assessor's
Parcel Nos. 187-110-006 &029) located at 1456 Paseo Nogales,Alamo
Alamo Area
[CDD-CP01-55] Project No. 7520-6B8317
The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Flood
Control and Water Conservation District RESOLVES THAT:
The Board DETERMINES that the parcel of improved land,acquired for flood control purposes,described in
the Notice of Intention to Sell Real Property attached hereto and incorporated herein, is surplus and not required for
public use.
The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice
of PublicLand Sale for said property prepared by the County Real Property Division.
The Notice of Public Land Sale is APPROVED and the Real Property Division is DIRECTED to post in three
(3)public places in the County for that period,pursuant to Government Code Section 25363.
The Board sets April 2, 2002, at 2:00 p.m., at 255 Glacier Drive, Martinez, California, as the time and place
where oral bids will be received and considered.
The Board hereby FINDS that the project will not have a significant effect on the environment, and
DETERMINES that the activity is exempt from the requirements of the California Environmental Quality Act as a Class
12 Categorical Exemption under County Guidelines and Section 15312 of the State CEQA Guidelines,and DIRECTS
the Director of Community Development to file a notice of Exemption with the County Clerk and DIRECTS the Public
Works Director to arrange for a payment of a $25.00 handling fee to the County Clerk for filing and a $25.00 fee to
Community Development for processing of the notice of Exemption.
LLo:eh l hereby certify that this is a true and correct
0:\GrpbatalRealProp\2002-Files\BOs&RE51BR5 Paseo Nogales.doc copy of an action taken and entered on the
minutes of the Board of Supervisors on the
Orig.Dept.: Public Works(RP) date shown.
Contact: L.Lucy Owens,Tel.313-2229
M P/WAccounting ATTESTED: FEBRUARY 26, 2002
County Administrator JOHN SWEETEN,Clerk of the Board of
Assessor Supervisors and County Administrator
Auditor-Controller
Community Develupment Dept
Engineering Services—Environmental By Deputy
RESOLUTION NO. 2002/101
1
NOTICE OF INTENTION TO SELL REAL PROPERTY
Contra Costa County Flood Control and Water
Conservation District Act (Section 31)
(Government Code § 25363)
The County Real Property Division will sell at public auction to the highest responsible bidder, the
improved residential lot hereinafter described:
Assessor's Parcel No. 187-110-050(formerly known as portions of Assessor's Parcel Nos. 187-110-006
& 029) in the Alamo area.
The auction will be held in Conference Room "A", 255 Glacier Drive, Martinez, California, on April 2,
2002, at 2:00 p.m.
Terms and Conditions of Sale are available at the office of County Real Property Division, 255 Glacier
Drive, Martinez, California 94553, or may be requested by phone to be mailed by calling 313-2229.
The District reserves the right to reject any and all bids received.
The parcel will be sold as is and the purchaser assumes all risks and responsibility.
The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and
responsibilities.
By Order of the Beard of Supervisors
of Contra Costa County
John Sweeten, Clerk of the Board
of Supervisors and County Administrator
By
eputy Clerk
RESOLUTION NO. 20021 101
9
CALIFORNIA ENVIRONMENTAL QUALITY ACT
Notice of Exemption
Contra Costa County Community Development Department
651 Pine Street, 4th Floor-North Wing,McBrien Administration Building
Martinez, CA 94553-0095
Telephone: (925) 813-2296 Contact Person:Cece Sellgren - Public Works Dept.
Project Description, Common Name (if any) and Location: Paseo Nogales Sale, County File CP#
01-55. Project Description: The project consists of the public auction sale of a portion of
Assessor's Parcel No. 187-110-029 and a portion of Assessor's Parcel No. 187-110-006, located on
Paseo Nogales, in the Alamo area, which is unincorporated. The total area to be sold at public
auction will be at least 20,000 square feet. APN#187-110-006 has no structures and APN#187-110-
029 has a 2,024 square foot single-family residence,which will be included in the sale. The District
has determined that this surplus property is no longer needed for San Ramon Creek improvements.
Project Location; The project is located in the south county area, in the Alamo area (Figures 1 —4).
This project is exempt from CEQA as a:
® Ministerial Project(Sec. 15268) _ Other Statutory Exemption, Section
— Declared Emergency(Sec. 15269(x)) ® General Rule of Applicability(Section 15061(bX3)
Emergency Project(Sec. 15269(b)or(c))
categorical Exemption, Cl"i as.s.1
for they following reason(s): This property is surplus government property which is not in an area of statewide,
regional, or area wide concern as identified in Section 15206 (b)(4).
Date: By:
Community Development Department Representative
AFFIDAVIT OF FILING AND POSTING
I declare that on i received and posted
this notice as required by California Public Resources Code Section 21152(c). Said notice
will remain posted for 30 days from the filing date.
Signature Title
Applicant:
County Public Works Department
255 Glacier Drive
Martinez, CA 94553
Attn: Trina Torres county Clerk Fee$50 Due
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NOTICE OF
,- PUBLIC LAND SALE
OPTION TO PURCHASE
AUCTION SALE
DATE: April 2, 2002
TIME: 2:00 P.M.
PLACE: Public Warps Department
Conference Room "A"
255 Glacier Drive, Martinez, CA 94553
PROPERTY LOCATION: 1456 Paseo Nogales, Alamo
PROPERTY DESCRIPTION: 2,024± square foot Single-story, 4 bedrooms/2 '/2 bath, single
family residence with kitchen-dining area, living room,family room,and attached two car garage.
The house Is being sold"as Is." Copies of pest Inspection are available at the open house and at
the Public Works Department.
NOTE: THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT HAS
RESERVED AN ACCESS&UTILITY EASEMENT OVER A PORTION OF THIS PARCEL. AREA IS SHOWN ON THE
ATTACHED PLAT MAP
PROPERTY INFORMATION: Assessor's Parcel: 187-110-050 (formerly known as portions of
APN 187-110-006 & 029)
Size: .46± acres
Zoning: R-20
Utilities: Water, sewer, gas and electric, telephone
THE SALE PROPERTY WOULD BE CONSIDERED SUBSTANDARD WITH RESPECT TO PARCEL DIMENSION
STANDARDS(AVERAGE MINIMUM WIDTH IS 120 FEET),ANY MODIFICATIONS TO THE STRUCTURE REQUIRING
A PERMIT WILL BE SUBJECT TO THE SMALL LOT OCCUPANCY ORDINANCE NO. 92-44(copy is attached).
MINIMUM BID: $450,000.00
OPTION DEPOSIT AMOUNT: $20,000.00 IN THE FORM OF A CERTIFIED CHECK, CASHIER'S
CHECK OR MONEY ORDER (NO PERSONAL CHECKS)
OPTION PERIOD: 45 days after acceptance of the bid by the Board of Supervisors.
OPEN HOUSE
Saturday, March 9, 2002, from 10:00 a.m. to 2:00 p.m.
Sunday, March 10, 2002, from 10:00 a.m. to 2:00 p.m.
Thursday, March 14, 2002, from 11:00 a.m. to 3 p.m.
- Sunday, March 17, 2002, from 10:00 a.m. to 2:00 p.m.
Saturday, March 23, 2002, from 10:00 a.m. to 2 p.m.
Thursday, March 28, 2002, from 11:00 a.m. to 3 p.m.
CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT
REAL PROPERTY DIVISION
255 GLACIER DRIVE, MARTINEZ, CA 94553
For additional information, call , L. Lucy Owens,Associate Real Property Agent at(925) 313-2229
Monday through Thursday between 6:00 a.m. and 4:30 p.m.
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ORAL BIDDING
In order to participate in the bidding procedure a CASHIER'S CHECK, CERTIFIED CHECK, OR
MONEY ORllER,in the amount of$20000.00 must be deposited with the auctioneer prior to the start of
bidding. No exceptions.
Bidding will open at the$450,000.00 set bid and continue thereafter until the highest oral bid is finally accepted.
At the close of bidding,the highest bidder will be required to execute an"Option Agreement"and to leave with the
auctioneer their$20,000.00 non-refundable deposit in the form of a CASHIER'S CHEQ&CERTIFIED CHECK
OR MONEY ORDER,payable to Contra Costa County.
BID ACCEPTANCE
Any final acceptance of a bid by the person conducting the sale shall be subject to the approval of the Board of
Supervisors by Resolution authorizing and directing the execution of the deed.
BID REJECTIONS
The District reserves the right to reject any and all offers and waive any informality or irregularity in any offer or to
accept any offer deemed in the best interest of the District, or to withdraw the property from the sale.
BIDDER DEFAULT
In the event that the high bidder fails to exercise his or her Option within the Option period or defaults in
completion of the sale, the District may, at its discretion, offer the Option to the second highest bidder. If the
second highest bidder accepts the offer,the deposit requirement and terms of Option to Purchase shall be the same
as stated in this notice of sale, except that the Option period,shall commence upon acceptance by the Board of
Supervisors.
CLOSING TRANSACTION
Successful bidder will have the Option period of 45 days after bid acceptance to complete the transaction under the
TERMS OF OPTION TO PURCHASE, attached hereto.
In the event any term or condition in the agreement conflicts with or violates any statutory requirements in the sale
of public property,then only that part or portion of this agreement so conflicting shall be amended to conform with
any applicable legal requirements at the time.
All District employees may bid to acquire surplus District property except employees who have direct access to
information not generally available to the public or who influence the purchase or sale of right of way or other real
property.
THE 'INFORMATION CONTAINED HEREIN IS BELIEVED RELIABLE, BUT IS NOT
GUARANTEED.
Parcel Number: Optionee:
Project Name: Address:
Project Number:
OPTION AGREEMENT BETWEEN THE CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
AND THE OPTIONEE NAMED HEREIN
(Not to be Recorded)
1. Recitals.
a. CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a
political subdivision of the State of California, hereinafter referred to as the "District", is the
owner of the certain real property described in Exhibit"A" attached hereto and made a part hereof,
and further identified as A.P.N 187-110-050, hereinafter referred to as the"Property."
b. District proposes to sell the Property.
C. ("Optionee') desires to acquire the exclusive right to purchase the
Property at an agreed price and under the specific terms and conditions below.
2. Effective Date.
The effective date of this Option shall be the date that this Option is approved by the Contra Costa County
Board of Supervisors, as governing body of the District .
3. Grant of Option.
District grants to Optionee the exclusive option to purchase the Property on the terms and conditions in this
Option Agreement.
4. Term of Option.
The term of this option shall commence on the Effective Date and shall expire or terminate on the earliest of
the following dates:
a. Option Term. Forty-five (45) days following the Effective Date, unless during said period District
agrees in writing to extend the Option Period.
b. Extension of Option Period. District, in its sole discretion, shall have the right, but not the
obligation, to extend the term of the Option Term, under such terms and conditions as District
believes is reasonable, if District,in its sole discretion, believes such extension is warranted.No such
extension shall be effective unless and until it is in writing signed by both parties.
C. Breach. Immediately upon a breach or default by Optionee under this Option Agreement.
d. Purchase. The date that the Optionee acquires the entirety of the Property.
5. Consideration for Option
a. Payment. As consideration for the Option granted under this Agreement, Optionee agrees to pay
District the sum of Twenty Thousand Dollars ($20,000.00) upon the terms and conditions outlined
herein, said amount to be credited to the Purchase Price of the Property("Option Consideration").
The Option Consideration shall be paid before the date this Agreement is approved by the Board of
Supervisors.The Option Consideration shall be paid at the Public Works Department, Real Property
Division, 255 Glacier Drive, Martinez, CA 94553, payable to the Contra Costa County.
b. Retention of Option Consideration. Except as provided in Section 10 below, all Option
Consideration paid to or on behalf of District shall belong to District and be retained by District,
whether or not Optionee ultimately exercises its right to purchase the Property. District shall have no
obligation to account for the Option Consideration to Optionee.
6. Terms and Purchase Price.
a. Escrow. if the Optionee exercises its Option, at District's option the sale may be consummated
through an escrow at a title company to be selected by District ("Title Company"). In such case,
Optionee hereby authorizes District to prepare and file escrow instructions with said Title Company on
behalf of Optionee in accordance with this Agreement. Escrow shall be deemed to be closed and the
Property shall be deemed to be conveyed on the date the deed to Optionee is recorded ("Closing
Date"). All escrow fees, recording fees, documentary transfer taxes or other real estate transaction
taxes or fees,by whatever name known, including broker's commission,if any,and personal property
sales taxes where applicable, will be paid solely by Optionee. If title insurance is desired by the
Optionee, Optionee will be solely responsible to pay the premium charged therefor.
b. Purchase Price. The purchase price("Purchase Price")for the Property during the Option Term is
the sum of Dollars ($ ). All Option Consideration paid by
Optionee shall be credited to the Purchase Price of the Property.The Purchase Price shall be paid at
the Public Works Department, Real Property Division, 255 Glacier Drive, Martinez, CA 94553,
payable to the Contra Costa County.
C. Title; Grant[deed. The right,title and interest in the Property to be conveyed by District pursuant to
this Agreement shall not exceed that vested in the District. If the Optionee exercises its option,the
Property shall be conveyed to Optionee subject to all title exceptions, restrictions, easements,liens
and reservations,whether or not of record. The sale under this Option is subject to the approval of
the Contra Costa County Board of Supervisors. The Optionee may not take possession of the
Property until a deed from the Contra Costa County Flood Control and Water Conservation District
has been recorded. If the Optionee exercises its Option, upon approval by the Board of Supervisors,
the District shall convey title to the Property to the Optionee by Grant Deed. It is understood that
Optionee acquires no right,title,interest or equity in or to said property until a grant deed to Optionee
is recorded.
7. Exercise.
From and after the Effective Date,this Option may be exercised by Optionee's delivering to District before the
expiration of the Option Term,written notice of the exercise("Exercise Notice")and payment of the Purchase
Price to the District
8. Condition of the Property.
Neither District, nor its agents or employees have made any warranty, guarantee or representation
concerning any matter or thing affecting or relating to the Property nor does it assume any responsibility for
the conformance to codes or permit regulations of the city or District within which the Property is located.
If Optionee exercises this Option, Optionee will accept the Property in an "as is"condition. District has not
made and does not make any representation as to the physical condition of the Property.
9. Right of Entry. During the term of this Option and prior to the Closing Date, Optionee, its
agents, contractors and employees, shall have the right to enter the Property at all reasonable
times for-the purpose of performing reasonable tests, engineering studies, surveys, soil and
environmental tests and other tests, surveys, studies, and investigations of the Property as
Optionee determines necessary or desirable. Optionee will defend, indemnify and hold District
harmless from any claim, loss or liability in connection with any entry by Optionee, its
contractors, agents and employees and Optionee will be solely responsible for all costs
incurred in connection with these activities or Optionee's investigation of the Property.
10. Informalities; Cancellation of Sale.
District reserves the right to waive any informality or irregularity on any offer or cancel the sale at any time
prior to recording of a deed. In the event of cancellation of sale by District,through no fault,action or inaction
of Optionee, all monies deposited shall be refunded without payment of interest.
11. Notices.
All notices(including requests,demands,approvals or other communications)underthis Agreement shall be
in writing.
a. Notice shall be sufficiently given for all purposes as follows:
(1) When delivered by first class mail, postage prepaid, notice shall be deemed delivered three
(3) business days after deposit in the United States Mail.
(2) When mailed by certified mail with return receipt requested, notice is effective on receipt if
delivery is confirmed by a return receipt.
(3) When delivered by overnight delivery by a nationally recognized overnight courier,notice shall
be deemed delivered one (1) business day after deposit with that courier.
(4) When personally delivered to the recipient, notice shall be deemed delivered on the date
personally delivered.
L The place for delivery of all notices given under this Agreement shall be as follows:
District: Real Property Division
Public Works Department
255 Glacier Drive
Martinez, CA 94553
Telephone: (925) 313-2226
Fax: (925) 313-2333
Optionee: (Name
(Address)
(Telephone)
or to such other addresses as Optionee and District may respectively designate by written notice to
the other.
12. Assignment, Successors and Third-Party Rights.
This Option and all rights under this Agreement shall be freely assignable.This agreement shall be binding on
and inure to the benefit of the parties, and their respective heirs, personal representatives, successors and
assigns. Nothing in this Agreement, express or implied, is intended to confer on any person,other than the
parties and their respective successors and assigns, any rights or remedies under or by reason of this
Agreement.
13. Constru6tion.
The section headings and captions of this Agreement are,and the arrangement of this instrument is,for the
sole convenience of the parties to this Agreement,The section headings, captions and arrangement of this
instrument do not in any way affect,limit,amplify or modify the terms and provisions of this Agreement.This
Agreement shall not be construed as if it had been prepared by one of the parties,but rather as if both parties
have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement
and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting
party shall not apply to the interpretation of this Agreement
14. Further Assurances.
Whenever requested to do so by the other party,each party shall execute,acknowledge and deliver all further
conveyances,assignments,confirmations,satisfactions,releases, powers of attorney,instruments of further
assurance,approvals,consents and all further instruments and documents as may be necessary,expedient,
or proper in order to complete all conveyances,transfers,sales,and assignments under this Agreement,and
do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out
the intent and purpose of this Agreement.
15. Governing Law.
This Agreement shall be governed and construed in accordance with California Law. The venue for any legal
action pertaining to this Agreement shall be Contra Costa County, California.
16. Severability.
Should any term, portion or provision of this Agreement be finally decided to be in conflict with any law of the
United States or of the State of California,or otherwise to be unenforceable or ineffectual,the validity of the
remaining parts,terms, portions or provisions of this Agreement shall be deemed severable and shall not be
affected thereby, provided that such remaining parts, terms, portions or provisions can be construed in
substance to constitute the Agreement that the parties intended to enter into in the first instance.
17. Indemnification.
As partial consideration for this Agreement, Optionee shall defend, indemnify, protect, save and hold
harmless District, its officers, agents, and employees, from any and all claims, costs and liability for any
damages, sickness, death or injury to persons or property, including without limitation all consequential
damages,from any cause whatsoever,including the sole or joint negligence of District,its agents,officers or
employees,arising directly or indirectly from or connected with the repairs or any present or future condition of
the Property or use of the Property which is the subject of this Agreement, or any representations,
misrepresentations or non-representations regarding its condition or use, and will make good to and
reimburse Districtfor any expenditures,including reasonable attomeys'fees that District may make by reason
of such matters and, if requested by District, will defend any such suits at the Optionee's sole expense.
18. Survival.
All of the terms, provisions, representations,warranties and covenants of the parties under this Agreement
shall survive the close of escrow of the Property, shall be fully enforceable after the Closing Date in
accordance with their terms and shall not merge in the deed or other documents following the delivery and
recordation of said deed or other documents.
19. Negation of Optionee or Partnership.
No provision of this Agreement shall be construed as making either party an agent or partner of the other
party.
20. Time of Essence.
Time is of the essence for the Option Agreement. If the Option is not exercised in the manner provided in
Section 7 before the expiration of the applicable Option Term,Optionee shall have no interest in the Property
and the Option may not be revived by any subsequent payment or further action by Optionee.
21. Waivers.
No waiver of any breach of any covenant or provision in this Agreement shall be deemed a waiver of any
other covenant or provision in this Agreement,and no waiver shall be valid unless in writing and executed by
the waiving party.
22. Amendment.
This Agreement may not be amended or altered except by a written instrument executed by District and
Optionee.
23. Entire Agreement.
This Agreement contains the entire agreement between the parties respecting the matters set forth, and
expressly supersedes all previous or contemporaneous agreements, understandings, representations or
statements between the parties respecting this matter.
CONTRA COSTA COUNTY
FLOOD CONTROL AND
WATER CONSERVATION DISTRICT OPTIONEE
A"—'By QJ�LBy
C ir, Board of Supervisors
ATTEST: John Sweeten, Authority By
Administrator and Clerk of the Board
of Supervisors
By
77 Depu
APPROVED AS TO FORM
by County Counsel
June 6, 1997
NO OTHER OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED
Exhibit A- Legal Description
II®:
011021PASEONOGALES
10/30101
San Ramon Creek
Excess Parcel
Exhibit "A"
PARCEL 'I (Fee Title)
Real property in an unincorporated area of the County of Contra Costa, State of
California, being a portion of Parcel 1 described in the deed to Contra Costa County
Flood Control and Water Conservation District recorded October 18, 1984 in Book
12024 of Official Records at page 85, and a portion of the parcel of land described in
the deed to Contra Costa County Flood Control and Water Conservation District
recorded July 27, 1993 in Book 18780 of Official Records at page 300, described as
follows:
Beginning at the southwest comer of said Contra Costa County Flood Control and
Water Conservation District Parcel (18780 OR 300); thence from said Point of
Beginning, along the westerly line of said parcel, north 24°58'07"west 162.70 feet to the
northwest comer of said parcel (18780 OR 300), said point being on the southerly line
of said Contra Costa County Flood Control and Water Conservation District Parcel 1
(12024 OR 85); thence along said southerly line, south 6205438" west 50.00 feet to the
southwest corner of said Parcel 1; thence along the westerly line of Parcel 1 (12024 OR
85), north 244 58'07" west 100.02 feet to the northwest comer of said Parcel 1; thence
along the northerly line of said Parcel (12024 OR 85), north 62°'54`38" east 111.20 feet;
thence leaving said northerly line south 404 05' 45* east 24.29 feet; thence south 264 07'
36" east 53.00 feet; thence south 104 55' 07" east 43.30 feet; thence south 274 08' 10"
east 100.00 feet; 'thence south 574 47' 27" west 34.65 feet; thence south 274 08' 16"
east 41.39 feet; to a point on the southerly line of said Contra Costa County Flood
Control and Water Conservation District Parcel (18780 OR 300); thence along said
southerly line south 634 16' 38"west 29.05 feet to the Point of Beginning.
Containing an area of 20,068 square feet of land, more or less.
RESERVING THEREFROM:
ACCESS EASEMENT
Right of way granted in the deed to Kenneth J. Samuels, recorded August 14, 1969 in
Book 5941 of Official Records at page 292 described as follows:
An easement (not to be exclusive) as an appurtenance to the storm drain easement
above for use as a roadway for vehicles of all kinds, pedestrians and animals, for water,
gas, oil and sewer pipe lines and for telephone, electric light and power poles, together
with the necessary poles or conduits to carry said lines over the strip of land described
in the deed from Contra Costa County Title Company to Pitka,-et-ux, recorded
October 2, 1945, in Book 822 of Official Records at page 397.
1
San Ramon Creek
Excess Parcel
PARCEL 2 (Access and Utility Easement)
Right of way granted in the deed to Kenneth J. Samuels, recorded August 14, 1969 in
Book 5941 of Official Records at page 292 described as follows:
An easement (not to be exclusive) as an appurtenance to Parcel 1 above for use as a
roadway for vehicles of all kinds, pedestrians and animals, for water, gas, oil and sewer
pipe lines and for telephone, electric light and power poles, together with the necessary
poles or conduits to carry said lines over the strip of land described in the deed from
Contra Costa County Title Company to A.J. Pitka, et ux, recorded October 2, 1945, in
Book 822 of Official Records at page 397.
Bearings are based on the California Coordinate System of 1983 (CCS83) Zone 111.
This real property description has been prepared by me or under my direction, in
conformance with the Professional Land Surveyors Act.
SAO t.AAla���
Signature:
Licensed Land Surveyor
Contra Costa Cou ty Public Works * UP 9/30M3
L.S.6572
Date: G' � "�''Y �
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ORDINANCE No . 92-- 44
(Small LotOccupancy, Merger of Lets)
The Contra Costa County Board of Supervisors ordains as follows
(omit-ting the parenthetical footnotes 'from the official text from
the enacted or amended provisions--of -the County- Ordinance Cbd4) .
SECTION I. Ste. This ordinance amends section 82--10.002
and Chapter 92-12 of the County Ordinance Code -to delete '
provisions for merger of adjoining lots and to clarify the small
lot occupancy requirements. It also adds a provision that the
location, size, height and design of a single family dwelling on
a substandard lot that qualifies for the small lot occupancy
exception may be reviewed and approved, conditionally approved or
denied by the Zoning ,Administrator through public hearing to
provide compatibility with and Minimize impacts on the sur--
rounding neighborhood. The intent of the small lot occupancy
exception in section 82-10.002- remains the same: to provide for. a
grandfather exception for- small lots that were at one time
consistent with the applicable zoning district or which were
created prior to any applicable zoning district.
SEEgT_ION 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 Requiremen'ts. . '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 o€'.Rk isions
82 and 84 are. met, or a variance has been grant�e+3 "for
yard and setback requirements, and (2) the lot is
delineated ona 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 prier to the
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Ordinance No. 92-
44
application of zoning in its location. If a small lot
qualifies. for occupancy by a single-family dwelling,
then prior to issuance of a building permit, the
location, size, height and design of the proposed
dwelling may be reviewed and approved or conditionally
approved by the Zonirig Administratcar after a✓public
hearing in order .to provide relative compatibility with
and minimize impacts on the surrounding neighborhood.
(Ords. 92- 44 § 2, 79-69 § 2: prior code § 8108: Ords.
1.371, 2206, 933,§ 1, 382,§ 9[2] : see § 82-4.244. )
SECTION Ill. The heading of Chapter 92-12 is amended to delete
reference to merger and to read as follows:
NOTICES OF VIOLATION AND CERTIFICATES OF COMPLIANCE
SECTION IV. Atticle 92--12.2 is amended to delete all references "
to merger and to read as follows
22--12.202 1�uroose. This chapter supplements the provisions
of Government Code sections 66424.2, 56499.34, 65499.35 and
66499 .36 (Subdivision Map Act) , 'pertaining to notices of
violation and certificates of compliance. The development of
real. property in the county which has been divided, or has
resulted from a' division, in violation of provisions of the
Subdivision Map Act and this title is contrary to the public
health, safety and welfare.
(Ords. 927 44 § 4, 78-5. ) `
SECTIONV. The heading of Article 92-12.4 And Article 92-1.2.4
are', amended to delete all refei:ences to merger and is renumbered
to read as follows:
Article 92-12.4
Notices of violation
92-12.402 Knowledge. Any county official having know3edge -
of a possible violation of parcels of land pursuant to the
provisions of the Subdivision Map Act or 'of; 'this title,
shall. conveystch information to the director of planning.
(Ords. 92- 4 § 5, 78-5. )
92-12.404 Tentative violation recordation. If the director .
of planning, either on his own initiative or upon investi-
gation of information received, determines that real:" '.
property has been divided in violation- of the"provisions of
the Subdivision Map Act or of this title, the director may
cause a notice of intention to record a notice of violation,
setting forth the. information prescribed by Government Code
section 66499 .35, to be recorded with the county recorder.
(Orris . g2® 44 § 5, 78-5. )
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Ordinance No. 92_ 44
92--12 ._406 violation hearing notice. After recording the
notice of intention to record a notice of violation, and at
least sixty calendar days prior to the recording of a notice
of violation, the director of planning shall advise the
owner of the real property, by mail, of the intention to -
record a notice and specifying a- -bine;- dat'e Arid ;?bice` at r
which the owner may present evidence . ta the planning
commission why such notice should not be recorded. The
director shall also mail a• copy of the recorded notice of
intention to the owner. (Ords . 92-4 § 5, 78--5. )
92-12.408 . Planning Commission Hearing. Upon the noticed
hearing, the planning commission may wholly or partially
affirm, reverse or modify the decision of the director of
planning and the recordation of the notice of intention to -
record
o .record a notice of violation. If the planning commission
determines that no violation pursuant to the Subdivision Map
Act or this title has occurred, it may direct the director
-of planning to issue and file for the recordation a release
of the notice of intention to record a notice of violation.
(Orris. 92-44 § 51 78-5. )
92-12.410 Board of Snpervisors Hearing. Any hearing before
the Berard of Supervisors of an appeal from the planning
commission as to the recordation. of a notice of intention to
record a notice of violation shall be conducted in
accordance with ,the provisions pertaining to such appeals
before the commission.
(Ords . 92-- 44 § 5, 78-5. )
921.2.412 Violation Action. All departments, officials, .
and employees of the County vested with the duty or
authority to issue permits necessary to develop any real
property shall conform to the provisions of this title, and
shall not willfully issue any permit or License for use or
construction or any other purpose in conflict with the
provisions of this title or of the' Subdivision Map ACt; and
any such permit or license issued in conflict therewith
shall .be null and void. Nothing in this chapter shall be
deemed to require the recording of a notice of violation as
a condition precedent to the enforceability of any of the
provisions of this title.
(Ords. 92- 44 § 5, 78-5. )
SECTION VI. 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.
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Ordinance No . 92- 44
PASSED on June 9, 1992 , by the following vote:
A'YES': Supervisors Powers , Fanden, Schrader, Torl.akson, McPeak
NOES: -None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR; Clerk of
the Board and County Administrator
By.
Deputy ,Board Chair -
(SEAL]
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Ordinance No. 92- 44