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Home My WebLink AboutMINUTES - 04251995 - S2 S � TO: BOARD OF'SUPERVISORS LY." Contra ' FROM: Costa Tom Torlakson o'3. " Count DATE: April 25, 1995 SUBJECT: REFER TO GMEDA THE ISSUE OF POTENTIAL PERMITTING PROCESS FOR MOBILE VENDORS SPECIFIC REOUEST(S)OR RECOMMENDATION(S)d BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: Refer to the Growth Management and Economic Development Agency and Community Development Department the concept of developing a permitting process, ordinance requirement, or other means to address the issue of mobile vendors. Request GMEDA and Community Development to review this issue and report back to the Board on May 23, 1995. BACKGROUND INFORMATION: The issue of mobile vendors and how they operate has become a growing concern for the residents of the unincorporated area, 'particularly the Bay Point and Oakley areas. I have been contacted by various representatives of both Municipal Advisory Councils in each of these areas with concerns about trash, parking, hours of operation, etc. Vendors have been known to park in one spot all day long, even putting out picnic tables and charis for their customers. One such example, in the Bay Point area, has portable toilets stationed on a vacant lot regularly used by the mobile vendor. In effect, many of these vendors are operating a regular "restaurant' business without paying the mitigation fees or going through the zoning/permitting process that regulates regular restaurants or fast-food franchises. The City of Brentwood is presently considering an ordinance in an effort to address this issue within their City limits. There is concern expressed by adjoining areas that enactment of an ordinance by the City of Brentwood will push their vendors into the unincorporated area, exacerbating an already existing problem. The County presently has no tools to address this issue. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ' ACTION OF BOARD ON April 25 , 1999 —APPROVED AS RECOMMENDED .X_ OTHER 1 VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE _ X UNANIMOUS(ABSE)4,1— —�. AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. ATTESTED April 25 , 1995 PHIL BATCHELOR.CLERK OF THE BOARD OF cc: Community Development SUPERVISORS AND COUNTY ADMJNISTRATOR GMEDA County Counsel a .goo•+ in,00BY ,DEPV REQUEST TO SPEAK FORM Date: (Two [2] Minute Limit) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. Name: /g AJ Phone: ,?o 52 Address: o / City: ` i?11P .. I am speaking for: ❑ Myself OR ❑ id�Y '" C_'• a i�� `Jrr/6a� NAME OF ORGANIZATION CHECK ONE: ❑ I wish to speak on Agenda Item # S. 2- My My comments will be: ❑ General ❑ For A-g-ainst I wish to speak on the subject of: '&f a A I , ��. � / El do not wish to speak but leave these comments for the Board to consider: SPEAKERS 1. Deposit the "Request To Speak Form" (on the reverse side) in the box next to the speakers' microphone before your item is to be considered. 2. You will be called to make your presentation. Please speak into the microphone. 3. Begin by stating your name and address; whether you are speaking for yourself or as a representative of an organization. 4. Give the Clerk a copy of your presentation or support documentation, if available. 5. Please limit your presentation to two (2) minutes. Avoid repeating comments made by previous speakers. (The Chair may limit length of presentations so all persons may be heard.) ✓� i ,._ ._.mss:. 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FS s.�,1 i '.'�'1 ac,.x�7i'. �^,.� X Iwt k I r £� S V � u r'ar /� / �,r� l' �*T fid. � r.N- 'L�&r+'N n�' # ��•a, �s.^ a,r• d z � �^ t pFy,"'�"-L�'z�`i��'s t '�F- +.��. �"�3r•''w•�.��„37;nr °�� g�`.gar �^'v.:4: 44 /� a-fig f jf !�'2r'"ts..d i ,��a y+'.x�yy� � N)�`�t`+�{2•k'v�.e�`^.�.�1`�SGI��Ste/_�RiN x{' 4'1' 2 F- _Ar' �f•s�� "° � I'. ''.. r'.�N1S`'i..ri�� "�S_ gin'. • r _ w , j of NOWN k 7'M{';, ..m.�.. d � � e 3 x» k .YO•/d•IJ••E , RECEIVED Ago sso ea 'APR Z 511995' O.4SAG ° 1 0, ° CLERK BOARD OF SUPERVISORS I CONTRA COSTA CO. r.o. I � , q r t � Li7AG -Z 1$ 0 w 1j 02 1, OC A •1 t T t o fi' 191 . • M.B. 98 < w �J /A jj0 '!O - 1 !�•/ Vit,• V I / c •. QrA 3 05 B S r O c �.�^�. ♦ J ..� J - J /a Qf i• Nie'�s�f�� ti� 3114 • low �v ^ • �$ . JvA. "� b its t• so•rJ•.a••.. /r.a• ss.e. AB a• t /v.irQ so• /• a••�•• CLEARLAND e.s3•/s••..• R-asp R:ata A B .eo•r Lo A � Z ,� ►. �b l !' ,4 G6 '0 �+ 5 �0 082 ! 00a ° ' • aPAt• .AMA .»� •�� a vi oa A B 1 1 E S AMBROSE it os � 1 LAW OFFICES FLETCHER, HARMS & PALMERI C. ERROL FLETCHER 2101 WEBSTER ST.,SUITE 1750 RICHARD A. HARMS OAKLAND, CALIFORNIA 94612 .RONALD 1.PALMERI TELEPHONE(510)836-2435 September 23, 1994 PAX: (510)836-0652 Code Enforcement Division coo Zoning Department County of Contra Costa 651 Pine Street, Fourth Floor Martinez, California 94553 Re: Mobile Restaurants Willow Pass Road and Clearland Circle Bay Point, California Gentlemen: Mr. C. Robert Johnson has requested that this firm seek action by the Zoning Department to end the apparently unlawful operation of two "permanent" mobile restaurants at the above-referenced property. In preface, our client is one of those rare individuals who, for the past 34 years, has been doing and continues to do his part to improve this area. He has taken an active role in investing in new development and business, as well as renovating and maintaining his properties and businesses to the benefit of the entire community. And, Mr. Johnson does it "by the book", paying his taxes, obtaining all necessary permits, licenses and inspections, complying with all of the applicable laws, rules, regulations and ordinances, and employing local residents to operate and maintain his properties. Specifically, Mr. Johnson developed, constructed, owns and operates a large car wash at 2845 Willow Pass Road, Bay Point, California. It is our understanding that the owner of an adjoining, unimproved parcel of land (indicated in yellow on the enclosed survey) has recently rented his land to two mobile restaurant owners for purposes of conducting an ongoing restaurant business. The operation of these "permanent" mobile restaurants creates more than a nuisance to my client's business. Daily, Mr. Johnson incurs the expense of his employees cleaning up the debris, trash and litter originating from these restaurants and their patrons, which blow across and onto the adjoining, unimproved land and car wash. Daily, there are maelstroms of dust caused by the automobile and truck traffic on this unsurfaced land. Daily, there are incidents of patrons of these mobile restaurants who use my client's property for ingress and egress, causing damage to landscaping, fences and other improvements. Code Enforcement Division September 23, 1994 Page 2 However, more than the nuisance to Mr. Johnson, these "permanent" mobile restaurants are not fair to the community and other local businesses. Other land owners and developers have obtained the necessary permits and licenses, they pay for the public improvements,and services, and use their land in accordance with the applicable land use and zoning ordinances. Other local restaurants, in addition to the permits and licenses, incur the expense of operating their businesses in compliance with public health stand- ards, such as restrooms with running water, and provide access to disabled persons. The Redevelopment Agency has spent vast resources to improve Willow Pass Road and encourage new development within its plan. Now, in the face of those persons, companies and agencies who are working together to improve this neighborhood, are a land owner and two "permanent" mobile restaurants, and whose illegal use of this land does much to destroy what others have worked so hard and so long to accomplish. One need only look at the now "permanent" use of a portable toilet, situated at the sidewalk for the owners and patrons of these mobile restaurants, to understand why this must be stopped. My client respectfully requests that your department take immediate action against the land owner and the operators of these "permanent" mobile restaurants to cease their illegal use. I have enclosed for your convenience a survey map and photo- graphs depicting the subject property. Should you require any further information, please do not hesitate to contact me. Very truly yours, RONALD J. PALMERI RJP:cl enclosures / cc: Mr. C. Robert Johnson Dennis Barry, Deputy Director Community Development County of Contra Costa LAW OFFICES FLETCHER, HARMS & PALM -R1 C. ERROL FL1-11,111"ll 2101 WEBSTER Sr.,SUITE 1750 RICI LARD A. IIARMS OAKLAND,CALIFORNIA 94612 RONALD J. PALMERI TELEPHONE(510)836-2435 FAX:(510)836-0652 November 11, 1994 Ms. Mickie Perez, Supervisor cc� �(��Code Enforcement Division �`�' LJ Zoning Department County of Contra Costa 651 Pine Street, Fourth Floor Martinez, California 94553 Re: Permanent Mobile Restaurants Willow Pass Road and Clearland Circle Bay Point, California Dear Ms. Perez: By letter dated September 23, 1994, I wrote to your department on behalf of Mr. C. Robert Johnson, to request action to abate the illegal use of an adjoining parcel Of unimproved real property as a "permanent" mobile restaurant. I have enclosed a copy of my letter for your convenience. To date, I have to yet to receive the courtesy of your response, and Mr. Johnson advises that this illegal use continues. My client is of the opinion, and I concur in that opinion, that 45 days is more than sufficient time for your department to investigate this problem and advise as to what action will be taken to abate this illegal use. When may I expect your reply? Very truly yours, RONALD J. PALMERI enclosure i r Franklin Lew c.s.o..se. „B.u.ild i n g Inspection Contra Director of Building Inspect or Department Costa 651 Pine Street. 3rd Floor, N. Wing County Martine. California 94553-1290 (510) 646-2300 FAX (510) 646-1219 \e9'•!d.�C "`111___ s—_/ November 28, 1994 Law Offic-s of Fletcher, Harms & Palmeri 2101 Webster Street, Suite 1750 Oakland, CA 94612 ATTN: Ronald J. Palmeri Dear Mr. Palmeri, In response to you letter concerning "Mobile Restaurants", and where they are allowed to park, I have researched County Ordinances and am unable to find a Zoning Ordinance in place to govern the parking of mobile restaurants. A mobile restaurant unit is allowed to park on property zoned commercial, if they have the property owners permission. Several approvals are required, the Sheriffs Department requires and issues peddlers licenses, Health Department issues health permits and inspects for compliance. The Tax Collectors Office issues business licenses for any given operation of this type. The units are riot allowed to park on public streets, right of ways or private property zoned Single Family. Other than the above approvals, permits and licenses, this department does not have any jurisdiction. The units you are concerned with, have all been checked for the proper permits and licenses and the Health Department has inspected them. All requirements have been met and they have the property owners permission to be on the property. Please accept my apology for the delay in this response. I can be reached at 646-2337, if you have any questions. Sincerely, All Mickie Perez Chief, Property Conservation Division MP:dcf cc: Mary Fleming, Community Development John Gregory, County Administrator's Office Robert Ortega, Property Conservation Division