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HomeMy WebLinkAboutORDINANCES - 06091992 - 92-44 A ' ORDINANCE NO. 92- 44 (Small Lot Occupancy, Merger of Lots ) 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 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 . 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 1 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 Zoning Administrator 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 . 1371 , 1206 , 933,§ 1 , 382,§ 9 [ 2] : see § 82-4 . 244 . ) SECTION III . 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. Article 92-12 . 2 is amended to delete all references to merger and to read as follows : 92-12 . 202 Purpose. This chapter supplements the provisions of Government Code sections 66424 . 2, 66499 . 34 , 66499 . 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 . 92- 44 § 4 , 78-5 . ) SECTION V. The heading of Article 92-12 .4 and Article 92-12 . 4 are amended to delete all references to merger and is renumbered to read as follows : Article 92-12.4 Notices of Violation 92-12 . 402 Knowledge. Any county official having knowledge of a possible violation of parcels of land pursuant to the provisions of the Subdivision Map Act or of this title, shall convey such information to the director of planning. (Ords . 92- 44 § 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 . 36 , to be recorded with the county recorder. (Ords . 92- 44 § 5, 78-5 . ) 2 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 time, date and place at which the owner may present evidence to the planning commission why such notice should not be recorded. The director shall also mail a copy of t r 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 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. (Ords . 92- 44 § 5, 78-5 . ) 92-12 . 410 Board of Supervisors Hearing . Any hearing before the Board 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 . ) 92-12 . 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. 3 Ordinance No. 92- 44 PASSED on June 9 , 1992 by the following vote: AYES : Supervisors Powers , Fanden, Schroder, Torlakson, McPeak NOES: None ABSENT: None ABSTAIN: None ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator By: c� Deputy Board Chair [SEAL] 4 Ordinance No. 92- 44