Pursuant to the authority of California Civil Code Section 1102.6a, the transferor of any residential real property in the City of Orinda shall deliver to the prospective transferee a disclosure statement required by this chapter as follows:

A.

In the case of a sale, as soon as possible before transfer of title.

B.

In the case of transfer by a real property sales contract, as soon as possible before execution of the contract.

This requirement shall not apply to those types of transfers described in California Civil Code Section 1102.2.

(Ord. 05-01 § 6 (part))

The transfer disclosure statement required by this chapter shall be in the following form:

LOCAL OPTION

REAL ESTATE TRANSFER DISCLOSURE STATEMENT

THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF ORINDA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS ______________________.

THIS STATEMENT IS A DISCLOSURE OF LAND USE REGULATIONS AND PROJECT REVIEW PROCESSES THAT APPLY TO THIS PROPERTY BY THE TERMS OF THE ORINDA MUNICIPAL CODE. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLERS OR ANY AGENTS REPRESENTING ANY PRINCIPALS IN THIS TRANSACTION AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPALS MAY WISH TO OBTAIN.

I.

SELLER'S INFORMATION

The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any agents representing any principals in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property.

THE FOLLOWING INFORMATION IS REQUIRED TO BE PROVIDED TO THE BUYER BY THE CITY OF ORINDA. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND SELLER.

1.

The General Plan. The General Plan of the City of Orinda, which governs all land use decisions in Orinda, requires that all development must reflect and preserve the semi-rural character of the City. According to the General Plan, the City's semi-rural character derives from homes which are "small in relation to their lots" where "heavy tree cover and other vegetation dominate" the site. This semi-rural environment contributes both to the quality of life in Orinda and also to the value of real property in the City.

2.

The Code. The regulations in Title 17, the Planning and Zoning Code, are designed to ensure that a new home or a remodeled home is small in relation to its lot and that there is room for heavy tree cover and other vegetation to dominate.

3.

Building Permits. Some types of new construction require a building permit: Among the improvements which require a building permit are these:

a.

Projects that involve an exterior change to the structure.

b.

New structures, including landscape structures, fences, and storage sheds.

c.

Modifications that involve 1000 square feet or cost $50,000 or more. (For example, most re-roofs will require prior planning approval.)

Failure to obtain the required building permit may result in demolition of the unpermitted work.

4.

Project Review. The following types of projects will require prior Planning Department approval before a building permit will be issued:

a.

A new home.

b.

An addition to an existing home, unless it is exempt.

c.

Construction within the setback of a watercourse.

d.

Exterior changes to a non-residential structure.

e.

Tree removal.

f.

Elevated deck.

g.

Accessory structures.

5.

Structure Size and Design. The size of a house or an addition, its height, and its location, among other things, will be assessed under the discretionary design review standards of Chapter 17.30 of the Code.

These standards look at how well the proposed structure blends into its natural and built context, the size of the structure compared with nearby existing structures which meet current code, whether landscape dominates, and how the proposed structure affects existing views, privacy and access to light of nearby residences, in addition to other criteria.

Because of the need to meet the discretionary design review standards, there is no "right" to a certain size of structure.

6.

Protected Trees. A permit is required before removing or destroying certain trees that are protected by the Orinda Municipal Code. Contact the Planning Department (see below) before removing or destroying a tree on your property to determine if a permit is required.

For more information, contact the City of Orinda Planning Department at 14 Altarinda Drive, Orinda. The telephone number is 253-4210.

II.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT.

Seller ___________ Date ________ Buyer _______ Date _____

Seller ___________ Date ________ Buyer _______ Date _____

Agent (broker representing seller)_______

By: ______________________ (Associate licensee or broker)

Date: _______

Agent (broker representing seller)_______

By: ______________________ (Associate licensee or broker)

Date: _______

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

_____

(Ord. 05-01 § 6 (part))