Chapter 82-2 — GENERAL PROVISIONS

Divisions 82 and 84 are adopted under the provisions of Section 6.6 of the State Planning Act as amended. It follows the adoption of that portion of the master plan known as the land use master plan of Contra Costa County, state of California, by a resolution of the board of supervisors of the county of Contra Costa, state of California, adopted on December 10, 1945, in accordance with law, after receipt from the county planning commission of precise plans for all unincorporated territory of the county mentioned and described in Divisions 82 and 84, and recommendations from the planning commission to the board of supervisors made after public hearings held after due notice in the manner and form provided by law, duly certified to the board of supervisors, and accompanied by a report of findings, summary of hearings and recommendations of the planning commission; at a public hearing by the board of supervisors held after due notice in accordance with law, certain changes in the master plans were proposed, and the board referred them to the planning commission for its report; the commission filed its report with the board, as required by law, and the board accepted and approved the report as filed. This board now finds as a fact that it is advisable to adopt the following precise plans and regulations of land use in the districts and areas hereby established as part of a comprehensive long-term general plan for the physical development of the territory in the unincorporated area of this county, to conserve and promote the public health, safety and general welfare of its inhabitants.

(Prior code § 8100: Ord. 382).

Division 82 and 84 apply to and regulate all private and/or public uses of private and/or public land within the unincorporated territory of this county.

(Ord. 75-15: prior code § 8101: Ord. 918 § 3 [382 § 16]).

(a)

Each of the following is unlawful and a public nuisance:

(1)

Any use of land for a purpose not authorized by or contrary to Title 8.

(2)

Any building or structure erected, constructed, altered, moved, or maintained contrary to Title 8.

(3)

The failure to comply with any term, limitation or condition of any use permit, variance, special permit, or other permit issued under authority of Title 8.

(b)

If a violation of any provision of Title 8 or any permit condition occurs, the county may seek compliance by any remedy allowed under this code and any other remedy allowed by law.

(Ord. 2008-04 § 6: prior code § 8104: Ord. 382).

The limits of heights of structures established in Division 84 for any district shall not apply to chimneys, stacks, fire towers, radio towers, television towers, water towers, windmills, oil and gas well derricks, monuments, flag poles, telephone poles, telegraph poles, silos, water tanks, and necessary mechanical appurtenances attached to buildings. In all cases parapet or fire walls on buildings or structures otherwise conforming to the regulations established in Division 84 may be constructed not higher than three feet.

(Ord. 85-62 § 2: prior code § 8114: Ord. 382).

(a)

Except as otherwise provided in this section, the use of land for rights-of-way for the construction and repair of public utilities and publicly owned utilities and for privately owned pipelines for the transmission of oil, gas, water, and other substances transportable by pipelines, is not regulated or restricted by Divisions 82 and 84; and accessory and appurtenant structures forming a part of public utilities, publicly owned utilities, and pipelines are not regulated or restricted by Divisions 82 and 84, except for setback regulations.

(b)

Development projects involving hazardous waste and hazardous materials are subject to the requirements of Chapter 84-63.

(c)

Wireless telecommunication facilities are subject to the requirements of Chapter 88-24.

(Ord. No. 2016-11, § IV, 5-24-16; Prior code § 8120: Ord. 382).

Drainage facilities shall be installed under a permit issued pursuant to this title, adequate to meet and comply with the drainage design standards and requirements set forth in Division 914.

A permit for the installation of drainage facilities will not be issued until applications, plans and exhibits for such facilities are submitted which comply with the requirements of this section and Divisions 82 and 84.

(Ord. 2010: prior code § 8124).

All those lands now zoned A-1, A-2 or A-3 which are within two hundred feet of any lands zoned as H-I, L-I, C-M or W-3 and which are being changed to any residential district shall be subject to further review and approval by the planning commission as to the location of land uses and site development plan for any authorized use so as to provide protection for and development compatible to adjacent land use districts.

(Ord. 67-58 § 2, 1967: prior code § 8125).

To comply with the Government Code Section 65910 the following zoning districts are deemed to be zoning districts for open space when applied in conformance with the open space policies of the county general plan: Agricultural preserve district (A-4), heavy agricultural district (A-3), general agricultural district (A-2), exclusive agricultural districts (A-20, A-40 and A-80), and forest recreation district (F-R). This section neither limits the use of these zoning districts to the implementation of general plan open space policies, nor precludes the planning agency from adopting additional ordinances to implement those policies.

(Ord. 80-35, 74-23).

Water supply and sewage systems and/or facilities required for any use, construction, structure, or other development to be established under a permit issued pursuant to this title shall comply with Chapters 414- 4 and 420-6 of this code and the health officer's approval.

(Ord. 81-56 § 4).

Editor's note— Ord. No. 2017-26, § III, adopted October 24, 2017 repealed § 82-2.022 in its entirety. Former § 82-2.022 pertained to "Prohibited uses," and was derived from Ord. No. 2008-05 § 2.