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HomeMy WebLinkAboutMINUTES - 05162006 - C.44 TO: BOARD OF SUPERVISORS � f.. Contra FROM: DENNIS M. BARRY, AICP ..:.� Costa ,�,....W COMMUNITY DEVELOPMENT DIRECTOR '_ County A coo DATE: May 16, 2006 C' , kA\4 SUBJECT: Proposal to Authorize Zoning Ordinance Modification Study to Expand Provision for Commercial Storage of Boats and Recreational Vehicles in Response to a Request from the Town of Discovery Bay CSD (Affects All Districts) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION I. RECOMMENDATION Authorize the Community Development Department to initiate a study of existing agricultural district provisions of the Zoning Ordinance to consider increasing the distance from a public boat launch facility in which commercial boat storage facilities might be allowed to be established; and to study whether a limited amount of commercial storage of recreational vehicles within agricultural lands should be allowed. II. FISCAL IMPACT: Staff estimates the staff costs of completing this study at$30,000. Unless the Board identifies a funding source from which staff costs can be defrayed, the cost of conducting this study will constitute an unfunded mandate from the Board. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE L-10PROVE OTHER SIGNATURES : r ,,�le_,,,_,-,� �---� ACTION OF BO ON 0<14A& APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND _)C__UNANIMOUS(ABSENT 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: Catherine Kutsuris(335-1210) ATTESTED 0 ty ILe L= JOHN CULLEN, CLERK OF THE BOARD OF cc:Community Development Dept. (orifi.) SUPERVISORS AND COUNTY ADMINISTRATOR Building Inspection Dept. Town of Discovery Bay Pellaton Enterprises, Inc.,via CDD Ty May 16, 2006 Board of Supervisors Page 2 III. BACKGROUND Code Enforcement Activity and Town of Discovery Bay Request for Code Modifications to Allow for Development of More Commercial In response to a pattern of violations of the zoning code regulations concerning the storage of boats and recreational vehicles on properties zoned for residential uses, the County has recently been conducting invigorated enforcement investigations of zoning regulations that restrict this activity. One of the communities that have received particular attention is the community of Discovery Bay. In a letter dated February 15, 2006, the Town of Discovery Bay Community Services District indicates that it has been working with the County's code enforcement effort. However, as a result of this effort,the Town reports that existing boat and recreational vehicle storage facilities in proximity to this community are near capacity use. The Town is concerned that continued code enforcement activity may cause its residents to take actions that it would view as undesirable (e.g., parking boats and recreational vehicles on the residential streets). The Town has expressed concern that existing zoning regulations may not provide sufficient land area near their community to meet the demand for storage of boats and recreational vehicles. To address this concern,the Town is asking that the County initiate a modification of the zoning ordinance to allow for development of more commercial storage operations near that community. In their letter,the Town has noted two properties on the south side of Highway 4 in which the owner wishes to establish a commercial storage operation but is currently limited by zoning regulations. A. Review of Applicable Zoning Regulations The following discussion summarizes the provisions for storage of boats and recreational vehicles (both residential and commercial) in the unincorporated area. 1. The T-1 zoning district allows in any land use district the storage of a trailer, vessel, camp car (including RV) at the residence of the owner or any other residence as a permitted use when not used for living or sleeping purposes provided that it is adequately screened from view from the public roadway or thoroughfare (Ord. Code Section 84-68.1404); 2. Commercial storage of boats and recreational vehicles is an allowable use on properties that are industrially zoned and within some commercial zones; and 3. (Commercial) Boat storage areas within one mile by public road of a boat launching facility open to the public are an allowable use within the General Agricultural (A-2) and Heavy Agricultural (A-3) zoning districts after the granting of a land use permit. No commercial storage of recreational vehicles or trailers is allowable within these districts. May 16, 2006 Board of Supervisors Page 3 IV. DISCUSSION The public boat launch facility in Discovery Bay is located at the northeast corner of the community rendering much of the surrounding area beyond the one mile limitation. There are a few commercial properties within Discovery Bay, however most are committed to other uses (e.g., shopping centers). The General Plan designates most of the area outside of the built-up area in one of several open space categories. To try to address the regulations that are reportedly the cause for a lack of storage facilities, staff is recommending that the Board direct staff to initiate a study of the provisions for storage in agricultural zoning. More specifically, staff is proposing: • To study the merit of extending the distance from public boat launching facilities,where boat storage operations are allowable with a land use permit, from 1 mile to 2+ miles; and • To study whether a limited amount of recreational vehicle storage within agricultural lands should be allowed. Any such study will need to consider the consistency of any proposed zoning amendments with the General Plan including applicable open space policies. GAcurrent planning\curr plan\board\board orders\boat RV OTA Study.bo RD\ A 0 DISCOVERY TOWN OF DISCOVERY BAy3CSD RAI 1800 Willow Lake Road,Discovery Bay,CA 94514 Telephone: (925)634-1131 Fag: (925)513-2705 Board Members President-Bob Doran r.doranl234@sbcglobal.net V.President-David Piepho d.piepho@sbcglobal.net Treasurer-Ray Tetreault r.tetreault8431 @sbcglobal.net Director-Shannon Murphy-Teixeira s.murphy.teixeira@sbcglobal.net February 15,2006 Director-Patty Knight plhewitt@us.ibm.com Mr. Dennis Barry Community Development Department Contra Costa County 651 Pine Street,North Wing,4h Floor Martinez,CA 94553 RE: Town of Discovery Bay Community Services District (CSD) Request for Amendment of Storage Facilities Zoning Conditions Dear Mr.Barry: We are writing to you to address an ongoing issue of boat, RV, and trailer storage within our community. Due to our unique waterfront community and our proximity to the Delta, the majority of homeowner's possess boats, RV's, personal watercraft and trailers. We have been working with certain amount of success with the County Code Enforcement division of the Building Inspection Department in the removal of Boats, trailers, and RV's from driveways and side yards. Our community is well on its way to compliance; however, our local storage facilities have now been filled to capacity. While we are aware that currently there are storage facilities that may be operating outside of currently approved zoning requirements,these storage facilities have become a very important alternative for our citizens as they seek alternate sites to store their boats, RV's and trailers. We hesitate to seek any enforcement on current code or zoning violations as it will only push the flow back to the,residential homes, which would create further code compliance issues. We ask to work with the County and encourage appropriate zoning and land uses in this application. We would like to hereby request that your department and the County revisit the current(marina)radius limitations in which these types of storage facilities can be owned and operated. It appears that the current allowance is limited to approximately one mile from a marina. Given the existing density of homes to our local marina, we have limited opportunity,if any,to create additional storage. We would like to request consideration that this radius "factor" be increased to an appropriate length in order to meet current county code restrictions for boat, RV and trailer storage on residences, as well as meet the needs of our community for alternative public storage facilities. Additionally, it has been brought to our attention that one of the largest storage facilities (Delta Marine Service), which is located just outside of the marina"radius", is requesting a possible amendment. We would encourage an 1 ._ gy effort for increasing the radius factor and other zoning conditions that would bring this facility into compliance with the county. We look forward to working with you on a long term solution that meets the county's needs and the unique needs of our own community. In order to avoid future issues in this regard, as a policy, the Town of Discovery Bay (CSD) Board of Directors now makes all attempts to request that home builders and developers address this issue in their planning stages,but there is a history of previously approved developments where allowances were not calculated into the development plans and therefore contributing to this problem. Thank you for your consideration. Sincerely, Robert Doran,Board President Town of Discovery Bay CSD DP/ca Cc:Supervisor Mary N.Piepho,District 3 Supervisor John Gioia,District 1 Supervisor Gayle Uilkema,District 2 Supervisor Mark DeSaulnier,District 4 Supervisor Federal Glover,District 5 Director Carlos Baltadono,Building Inspection Department,Contra Costa County East County Regional Planning Commission Agricultural Commissioners 2 a w ___14 Ub U/:42a Scott M. Hellaton 92b24U1399 p.2 / SCOTT AAL PELLATON l �P ELL��TON PRESIDEI\Z �\ENTERPRISES INC. February 15, 2006 Mr.Dennis Barry Community Development Department Contra Costa County 651 Pine Street Martinez, CA 94553 Re: Parcels 011-200-043&011-200-009 Dear Mr.Barry: In October of 2005 I entered into contract on 3530 and 3510 Bixler Road in Byron. This 53-acre parcel has been used as a boat repair facility and storage for the past thirty-plus years and at one time houseboats were manufactured at this location. It is my intention to submit a portion of this parcel for re-zoning to Commercial at a later date and to keep a large portion in its present use. The area around the town of Discovery Bay has a serious deficiency in boat,R`'and trailer storage. This area has, as you know,a very high concentration of these items. With over 10,000 residents and many more to come,we have a growing problem in regards to where we store these items. The Discovery Bay harbor no longer has any room for boat traders and this is causing an enforcement problem for the county and the town. The current business is very poorly run and maintained. The area is messy and visually undesirable. I would like to clean up this mess and try to maintain the continuity of the marine atmosphere in a manner consistent with the town of Discovery Bay. I would like to work with the county and the town in a coordinated effort to achieve this goal. The current zoning of A-3 allows for this use although it needs to be within one mile of a Public launch ramp. As you know,this is not possible, as the town encircles the launch ramp by more than one mile. I would like to propose an adjustment to this section of the ordinance to accommodate this parcel. I will be happy to meet with any of pour staff to discuss this issue and achieve a successful ending to this situation. I have been working with and will continue to work with the town of Discovery Bay to help satisfy the growing need for public storage and look forward to your response. Sincerely, cc: David Piepho/CSD 3801 VALLEY OAK DRIVE BRENTWOOD,CA 94513 (209)815-2013 T (209)240-1399 F I