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HomeMy WebLinkAboutMINUTES - 01151985 - T.3 T .3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 15 , 1985 , by the following vote: AYES: Supervisors Powers, Schroder , Torlakson, Fanden NOES: None ABSENT: Supervisor McPeak ABSTAIN: None SUBJECT: Hearing on request of Delta Associates , (applicant and owner) to delete conditions imposed by the Zoning Administrator and Board of Appeals on LUP 2121-82 in the Bethel Island area. This being the time fixed for hearing on the request of Delta Associates , (applicant and owner) to delete conditions imposed by ,the Zoning Administrator and the Board of Appeals on LUP 2121-82 inthe Bethel Island area; and - Harvey Bragdon, Assistant Director of Planning, described- the subject property and advised that LUP 2121-82 was issued with conditions in 1982, and stated that in 1984 there was sufficient evidence that the conditions of approval of the Land Use Permit were not being met , and subsequently Land Use Permit 2121-82 was scheduled for a revocation hearing; and Mr Bragdon advised that the conditions imposed on LUP 2121-82 the Zoning Administrator's hearing were appealed to the Board of Appeals and advised that the Board of Appeals supported the Zoning Administrator's recommendations , and further advised that the Zoning Administrator had imposed the condition that there be a payment of a school fee for all permanent units with children, and the Board of. Appeals required the school fee for all permanent units because it felt it would be difficult to determine which units were occupied by families with children; and Chairwoman Fanden opened the public hearing; and Supervisor Fanden commented that she would like to add a condition which would require that an adequate number of recycling bins and garbage bins be placed on this property for the project; and Don Adams , owner of the Delta Resort , appeared and stated that LUP 2121-82 was applied for in 1982 and the lot sizes were built as approved , and also commented that there were approximately $200,000 worth of utilities , all underground , which included, sewer , water, and electrical wiring, and stated that it would be a tremen- dous economic impact to relocate them to accommodate the expanded size lots , and commented that he had offered to build an outdoor trellis-patio area that would lend itself to residents who wanted to enjoy the outdoors , and stated that he felt an outdoor patio would mitigate the space requirements , and asked that the condition be amended; and Mr . Adams also advised that all of the Fire Department's requirements had been met , and suggested that with respect to the school bedroom tax fees, that a $100 fee be imposed per site , commenting that if a $700 fee per site were imposed it would force him out of business, and requested that if his suggestion was not acceptable , that the issue ,of the bedroom tax fee be referred to staff to work out a reasonable and specific proposal; and 1 U LLL 3 ;A Supervisor Schroder inquired as to which of the seven con- ditions had been complied with; and Mr . Adams advised that condtions 1 , 2, and 3, have been complied with and stated that condition number 4, the deli/game room was being held up pending the processing of a Development Plan; .and Supervisor Torlakson stated that one of the issues he would like to investigate further was the impact on the School District in this area; and Supervisor ' Fanden commented that she felt some type of fee was necessary for the School District , but did not feel that a fee of $700 per unit was fair for an R .V. Park; and Supervisor Powers suggested that the Board have County Counsel , the School District and the Planning staff recommend standards for this project and for R .V. Parks in- general; and Supervisor Torlakson commented that he felt this was an issue in which the Board needed information from the School Districts in order to establish the appropriate fee , and also inquired as to what the 1982 space requirements were and what the applicant is appealing, and how does it differ from what the staff is requiring; and Mr.. Adams advised that in 1982 the individual spaces for the R . V. Park were constructed as approved, and stated that there has been no predetermined amount of space that is required or has been required by the County for either permanent or temporary space, and requested that the space requirements remain the same as were originally approved in 1982; and Howard Holmes , representing the Bethel Island Improvement District , appeared and presented to the Board a resolution passed by the Bethel Island Improvement District at its meeting on November 15, 1984, and stated that he felt there were several con- ditions of approval for this Land Use Permit that had not been met at this time , and urged the Board to deny the appeal , and to instruct staff to proceed to bring this operation in compliance with the conditions of the orginal Land Use Permit; and Kenneth Evans , no address submitted , appeared and urged the Board to approve the request of Delta Associates to delete the conditions imposed by the Zoning Administrator and the Board of Appeals on LUP 2121-82 in the Bethel Island area; and Supervisor Torlakson inquired as to whether a permit is necessary to -operate the Deli/game room; and Harvey Bragdon advised that the applicant is required to have Development Plan approval , and commented that the Development Plan for this project had not been processed pending the settlement of the revocation hearing, and also stated that the applicant should not be operating the Deli/game room until all State and County requ- lations have been met; and Supervisor Torlakson commented that it would be appropriate to continue the public hearing, and asked that staff check with the School District to resolve the issue of the bedroom tax fees , and requested that the Planning Department survey which other R .V. Parks could be subject to bedroom tax fees , and under what circumstances; and Mr . Adams appeared in rebuttal and urged the Board to approve the request of Delta Associates (applicant and owner) to delete conditions imposed by the Zoning Administrator and the Board of Appeals on LUP 2121-82 in the Bethel Island area; and Supervisor Torlakson recommended that this matter be con- tinued to February 59 1985 at 2: 30 p.m. and that staff be directed to clarify the issues of the original 1982 permit and report back to the Board. 2 t Board members considered the matter , IT IS BY THE BOARD ORDERED that the recommendation of. Supervisor Torlakson is approved . 1 hereby c"fy that this to a true and conect copy of an action taken and entered on the minutes of tho Board of Supervisors on the date shown. ATTESTED: -5, —.- PHIL BATCH LOR,Clark of the Board DIE and County Administrator Orig Dept: Clerk of the Board cc: Director of Planning By Public Works Director County Counsel Delta Associates 3