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Home My WebLink AboutMINUTES - 09102002 - D2 TO: BOARD OF SUPERVISORS Contra FROM: DENNIS M. BARRY, AIBP Costa COMMUNITY DEVELOPMENT DIRECTOR County DATE: September 10, 2002 SUBJECT: HEARING ON THE COUNTY PLANNING COMMISSION RECOMMENDATION ON A PROPOSAL TO ACID SECTION 84-68,420 AND 84-68.422 TO THE T-1 ORDINANCE TO DEFINE "'VESSELS'" AND "VESSEL TRAILER"., AMEND SECTION 84-68.1402 TO CLARIFY THE LOCATION WHERE MOBILE HOMES MAY BE USED FOR HABITATION AND TO AMEND SECTION 84-68.1404 TO REGULATE THE STORAGE OF VESSELS AND VESSEL TRAILERS AT RESIDENCES IN ANY LAND USE DISTRICT(All Districts) SPECIFIC REQUEST(S) OR RECOMMENDATION(S),& BACKGROUND AND JUSTIFICATION RECOMMENDATIONS A. For purposes of compliance with the California Environmental Quality Act,determine that the project is Categorically Exempt (Minor Alterations in Land Use Limitations, Class 5). B. Find that the proposed ordinance is consistent with the General Plan. C. Introduce ordinance; waive second reading and set date for ordinance adoption. D. Direct staff to-post'a Notice of Exemption with the County Clerk. CONTINUED ON ATTACHMENT: X YES SIGNATURE: � RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE S ACTION OF BOARD ON ROVED AS RECOMMENDED OTHER_ SEE A'i?LALFIED,ADDER" FOR Bl3M ACTION. VO E OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND �UNANIMOIJS(ABSENT.h z) CORRECT COPY OF AN ACTION TAKEN AND AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN Contact: Aruna Shat(925)335-11219 ATTESTED t t ---"— cc:Community Development Department JOHN SWEETS , CLERK' OF THEOARD 6F County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Building inspection Department BY f ,DEPUTY Date of Board of Supervisors Hearing Board of Supervisors Page FISCAL IMPACT NONE BACKGROUND The County has been receiving complaints regarding the storage of boats on private properties. Most of the complaints received were related to boats with a "junky„ look(abandoned and run-down), and boats with non-operative engines. The County has historically interpreted the T-'l Mobile Horne/ManufacturedHorne Park District to include boats, although the Code does not specifically include this language. In a recent court decision regarding a code enforcement action, the court questioned whether the T-1 Ordinance applied to other zoning districts The revised ordinance adds the definition of "vessel" rather than "boat" to be consistent with the California Vehicle Code and the California Harbors and Navigation Code. Under the Harbors and Navigation Code, a"boat"is a type of vessel that is used for noncommercial use orcarries sixorfewer passengers. In contrast,'a "vessel" includes every description of watercraft used as a means of transportation on water, except for seaplanes and watercraft that operates on a fixed track. The word "lot", as defined in Section 84-68.406,, is an area or tract of land or portion of a mobile home park designated to be occupied by a mobile home, camp car or travel trailer. Under this definition, a "lot" exists only in a mobile home park or travel trailer park. The revision of Section 84-68..1402;;;has been made by substituting"in any land use district"for"in any lot". To cure these issues,the Department is proposing the attached code revision. ADDENDUM TO ITEM D.2 September 10, 2002 On this date,the Board of Supervisors considered the County Planning Commissions recommendation regarding the proposal to add Section 84-68.420 and 84-68.422 to the T-1 Ordinance to define"Vessels"and"Vessel Trailer", amend Section 84-68.1402 to clarify the location where mobile homes may be used for habitation and to amend 84-68.1404 to regulate the storage of vessels and vessel trailers at residences in any land use district. Dennis Barry,Director, Community Development presented the staff report and recommendations. The Chair opened the public hearing. There were no speakers to present testimony. The Board then took the following action: ■ CLOSED the public hearing; ■ ADOPTED the recommendations by the County Planning;Commission on the Ordinance Text Amendment, County File#ZT 01-0001 in all zoning districts adding sections 84- 68.420 and 468.420:.and 8 -68.422 to Chapter 84-68of the T-1 Mobile Home/Manufactured Home Park District of the County Ordinance Code, ■ AMENDED Section 84-68.1402 to clarify the location where mobile homes may be used; for habitation; ■ AMENDED Section 84-68.1404 to regulate the storage of vessels and vessel trailers at: residences in any land use district; ■ DETERMINED that the project is Categorically Exempt(Minor Alterations in Land Use Limitations, Class 5); ■ FOUND that the proposed ordinance is consistent with the General Plan ■ INTRODUCED Ordinance 2002-27; ■ WAIVED second reading, ■ SET September 17,2002 for ordinance adoption, ■ DIRECTED staff to post a Notice of Exemption with the County Clerk. RESOLUTION NO.27-2002 RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, RECOMMENDATIONS ON THE PROPOSED CHANGES TO THE T-1 ORDINANCE CHAPTER 84-68 COUNTY FILE' #ZT01-0001. WHEREAS, the County has been receiving complaints regarding the storage of boats on private property; and WHEREAS, the County has historically interpreted the T-1 mobile home/manufactured mobile home to include boats, and the code does not specifically includethis language; and WHEREAS,the revised ordinance adds the definition of vessel,vessel trailers and regulates its storage; and WHEREAS, after notice was lawfully given, a public hearing was scheduled before the County Planning Commission on Tuesday,July9,2002,whereat all persons interested might appear and be heard; and WHEREAS, on Tuesday, July 9, 2002, the County Planning Commission having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter;and WHEREAS, for purposes of compliance with provisions of the California Environmental Quality Act and State and County'CEQA guidelines,'the project is Categorically Exempt {Miner .Alterations in Land Use Land Use-Limitations-Class 5; and NOW,THEREFORE,BE IT RESOLVED that County Planning Commission ofthe County of Contra Costa recommends for adoption to the Board of Supervisors ofthe County of Contra Costa the proposed changes to the T-1 Ordinance as a text amendment to the Zoning Ordinance. Further the Commission finds that the proposed ordinance is consistent with the general plan, BE IT FURTHER RESOLVED that the Secretary ofthe County Planning Commission shall respectively sign and attest the certified copy of this resolution and deliver the same to the Board of Supervisors all in accordance with the Planning Laws of the State of California. The instructions by the County Planning Commission to prepare this resolution were given by motion of the County'Planning Commission on.Tuesday, July 9, 2042,by the following vote. AYES: Commissioners`- Wang,Battaglia,Clark,Gaddis,Hanecak,Mehlman, Terrell NOES: Commissioners Nene ABSENT: Commissioners- None ABSTAIN: Commissioners None Richard Clark, Chair of the County Planning Commission, County of Contra Costa, State of California ATTEST: Dennis M. Barry,Secretary County Planning Commission County of Contra Costa State of California ORDINANCE NO. 2002 - 27 (T-1 MOBILE HOME/MAN-UFACTURED HOME PARK DISTRICT) The Contra Costa County Board of Supervisors ordains as follows (emitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County OrdinanceCode); SECTION I. SUMMARY. This ordinance adds sections 84-68.420 and 8 -68.422 to the County Ordinance Code to define"vessel"and"vessel trailer," amends section 84-68.1402 to clarify the locations where mobile horses may be used for.human habitation, and amends 84-68.1404 to regulate the storage of vessels and vessel trailers at residences in any land use district. SECTION 11. Section 84-68.420 is added to the County Ordinance Code, to read> 84-68.420 Vessel. "Vessel"includes every description of watercraft used or capable of being used as a means of transportation on water,including but not limited to a boat,motorboat,rowboat,sailboat,canoe, kayak,personal watercraft,'recreational vessel,or a similar conveyance. (Ord.2002 -2 7 §2.) SECTION 111. Section 84-68.4.22 is added to the County Ordinance Code,to read: 84-68.422 Vessel Trailer. "Vessel trailer"is a'vehicle designed for carrying a vessel or vessels on its structure and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon any other vehicle. (Ord.2002 - 2 7 § 3.) SECTION IV. Section 84-68.1402 of the County Ordinance Code is amended to read. 84-68.1402 Use for human habitation. No person shall locate,maintain or use for human habitation, including sleeping, a mobile home, trailer or camp car in any land use district except as provided in articles 84-68.16, 84-68.18 and 84- 68.20 and as follows. (1) In a lawful mobile home park or travel trailer park; (2) In a lawful recreational vehicle park or campground allowed by a land use permit in these districts only: A-2, A-3,RB,C,L-1'and T-1. (Ords. 2002- ORDINANCE NO. 2002 - 27 1 27 § 4, 92-65 § 2 87-3 § 2 [former§ 84-68.806], 81`38 § 1, 80-74 § 7, 75-16'§ 5:prior code § 8'168(d)(3): Ords. 6983 § 1, 68-30 § 2, 67-39 § 1) SECTION V. Section 84-68.1404 of the County Ordinance Code is amended to read; 8468.1404 Storage of mobile homes, travel trailers,camp cars,vessels,and vessel trailers. The storage in any land use district of a mobile.home,travel trailer,camp car,vessel,or vessel trailer at the residence of the owner or any other residence is permitted when not used for living or sleeping purposes;provided„that the mobile home,travel trailer,camp car,vessel, or vessel trailer shall be adequately screened from view from public roadway or thoroughfare. (Ords. 2002-2 7 § 5, 92-65 §2 [farmer§ 84-68.8101, 87-3 §2, 68-30 § 2 [former 84-68.8101, 67-39 § 1: prior code § 86618 (d)(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 or against; it in the Contra Costa Times,a newspaper published in this County. PASSED ON September 17, 2042 by the following vote: AYES: SUPERVISOR UILKEM, GERBER, DeSAULNIER, GLOVER. & GIOIA NOES NONE' .ABSENT: NONE .ABSTAIN: NONE ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors Voardhair and County Administrator B„• SEAL Y [ .I OepuOty ' Tic: H:12EMtMnuntnitybevelopmentWobileHomesiT-I zoning-final."" ORDINANCE NO. 2002 - 27