HomeMy WebLinkAboutBerry Creek Ltr.Heavy EquipPage 1 of I
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From: BCCA [info@berrycreekca.orgJ
Sent: Monday, November 28, 201.1 8:20 PM
To: council@106x.com; Connelly, Bill; Breedon, Dan; Wahl, Larry; Kirk, Maureen;
BOS District 4; Yamaguchi, Kim
Subject: 2nd try saved as Word doc :Berry Creek Heavy Equipment
StorageOrdinance
Attachments: BCCA heavy equip letter on letterhead.doc; Heavy Equip Public
Comments.doc; Yuba Cty
RESTRICTIONSTON_COMMERCTAL_VEHICLE PARKING AND STORAGE-
l.pdf
My apologies. The previous email's attachments were saved in Pages
Dear Supervisors,
The Berry Creek Community Association, representing the community o
Creek, respectfully submits suggestians for the final passage of th
Machinery Equipment Storage Ordinance.
Attached please find our suggestions, the Yuba County Heavy Equipme
Storage ordinance and community input we received via email.
Thank you for your consideration in this matter.
Sincerely,
Berry Creek Community Association
Executive Council: Loren Gill, Dori HamilJ., Skip Gross, Bonnie Vinc
Nanci Glasgow
info@BerryCreekCA.or~o
cc: Dan Breedon
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Berry Creek Community Association
P4 Box 81 Berry Creek CA 959~b www.BerryCreekCA.orq
November 28, 2011
To: Butte County Punning Commission, Butte County Board of Supervisors
Re: Heavy Equipment Storage Ordinance
Background:
As part of the Butte County General Plan, the county is developing
new zoning ordinances. One of the topics that caught our attention is
Heavy Machinery Equipment Storage. Currently, the storage of heavy
machinery for commercial use is not permitted in rural areas. As the
Planning Commission drafted the new ordinances, the ordinance
went from not permitted, to allowing it in rural residential areas "by
right", without restrictions. We took that to mean that there would be
no guidelines or recourse for neighbors who discover that noise, dust
and road degradation are a problem on their privately maintained
roads. The BCCA stated our opposition to the draft as written to the
Planning Commission.
We have since met with residents and resident business owners to
fine tune what we do want to see in the Zoning Ordinance. We feel
that we have incorporated the needs of business owners who need to
make a living with guidelines that will protect the rural nature of Berry
Creek.
We respectfully submit to the Butte County Planning Commission and
Board of Supervisors:
The Berry Creek Community Association has researched and
reviewed heavy equipment storage ordinances in other counties. We
have not been able to find any other county that allows heavy
equipment storage by right in any zone other than Industrial.
We reviewed the Yuba County ordinance titled Chapter 9.29
Restrictions on Commercial Vehicle Parking and Storage. The Yuba
County ordinance lists permitted uses with listed restrictions and
exceptions to the ordinance. We would like to see a Heavy
Equipment Ordinance that is loosely based on the Yuba County
model.
Residents do not support permit fees on heavy equipment
storage. However we do want to see specific restrictions written into
the ordinance that will give neighboring property owners recourse if
there are problems caused by heavy equipment storage.
Suggestions:
Commercial (for hire) heavy equipment storage is allowed by right on
parcels in rural zones (Timber Mountain, Timber Production, Rural
Residential, Foothill Residential and Agriculture} if the following
conditions apply:
The parcel has direct legal access to county maintained roads.
Equipment is owned by the ownerlresident of the property.
~` No maintenance in regard to the heavy equipment is permitted on
the property.
The equipment shall be parked or stored entirely on private
property; parking or storage ofi the equipment in the public right-of-
way, front yard setback or front of the house shall not be permitted.
Hours of Operation: 7 AM to 9 PM.
* The equipment shall not be parked or stored within any required
setback, nor shall any equipment be parked or stored closer than 50
feet from any dwelling on the property or the adjacent property.
Visual Screening andlor fencing is required.
~` Heavy equipment storage and transport shall be subject to any
applicable noise ordinance.
Code complaints need to be supported by a majority of effected
neighboring residen#s.
*Heavy equipment storage may be allowed on private roads with
direct access to county maintained roads only if the entire road is
owned by one entity and the road is not shared by other properties.
*Heavy equipment storage may be allowed on parcels on shared
privately maintained roads if the equipment is used primarily for
property maintenance on-site, property maintenance on adjacent
properties or community improvement projects.
`Residential property maintenance equipment should be defined and
allowed on rural properties. For example: garden tractor, riding lawn
mower, chipper, wood sputter, snow blower and leaf blower.
Thank you,
Berry Creek Community Association
Executive Council: Loren Gill, Dori Hamill, Skip Gross, Bonnie
Vincent, Nanci Glassgow
Berry Creek Community Association
Heavy Equipment Storage Comments received via email
November 21, 2011
I live on Coffey Lane, about 3/4 mile of private road. There is a tractor, a
backhoe, a watering truck and possibly a number of other pieces
of heavy equipment owned by residents of Coffey Lane. As far as I am aware
there has never been a problem with this for other residents. In fact, the owners
of this equipment have used it for ditching, filling potholes, snow removal, and
watering to keep dust down, which has benefted all of us on Coffey Lane and
Shane Court. As far as damage to the road is concerned, and noise, most of that
comes from people driving cars and dirt bikes too fast.
If there are people who have had a different experience, the first recourse is to
have a hopefully friendly discussion among neighbors. I
would really hate to see bureaucratic oversite assigned to the county to deal with
this issue, which already has trouble maintaining vital services such as police and
fire protection. We live in a time when many people are facing the need to take
responsibility for their own welfare, health and quality of life, rather than relying
on government to provide for them.
Thanks for considering my opinion, Reynold Weissinger
Date: Wed, Z3 Nov 2011 15:02:30 -osoo
> Subject: Re: Community Input needed for Heavy Equip. Storage Zoning
> From: durham.jim@gmail,com
> To: info@berrycreekca.org
> To BCCA,
> I believe that the Planning Commission draft allowing Heavy Equipment
> storage "by right" without restrictions in rural residential areas is
> correct, as some of your suggestions, such as not allowing maintenance
> is just wrong. What about antique tractors that some people like to
> display, and who decides what is considered "antique"? Regarding
> complaints by a majority of effected neighbors- What if there is only
> one effected neighbor. Is that a majority?
> It seems to me that you're trying to solve a problem that does not exist.
> Sincerely, ]im Durham
Subject: Re: Community Input needed for Heavy Equip. Storage Zoning
From: crscott59C~msn.com
Date: Sat, 26 Nov 2011 10:07:53 0800
To: info _berrycreekca.orQ
These suggestions sound gaud. They give heavy equipment owners flexibility
and functionality, and residents have recourse in the event a heavy equip
operator is inconsiderate of the adjacent neighbors, roads and surrounding
community.
Thank you for your efforts in keeping Berry Creek a nice rural community and
above all a nice quiet, clean place to live
Tim & Carrie Scott
I agree with the BCCA.
LInda Phillips
TITLE IX. -VEHICLE TRAFFIC ROADS
CHAPTER 9.21 -RESTRICTIONS ON COMMERCIAL VEHICLE PARKING AND STORAGE
CHAPTER 9.21 -RESTRICTIONS ON COMMERCIAL VEHICLE PARKING
AND STORAGE C4s~
has) State Law reference- Stopping, standing and parking, Vehicle Cade §22500 et seq.
9.29.010. -Purpose and intent.
9_21_.012. -Territorial applicability.
9.21.020. - Definiti~ns~
9,21..030. -Private property.
9.21.040. -Commercial vehicle arkin an ublic wa s.
9.21.045. -Commercial vehicles over s ecified wei ht arkin or standin on residential streets.
9.21.046. -Commercial vehicles over s ecified len th or hei ht arkin or standin on residential street.
9.21 050. -Parking or staraQe oftruck-tractors on certain lots.
9.21.051. -Commercial vehicle arkin and stora a in Commercial and Industrial zones inciudin areas zoned
Rural Commercial "RC."
9.21.053. - Commercial vehicle parking and, storage in AE and AIRR zones.
9.21.055. -Commercial vehicle arkin and stora a in a ricultural or timber harvestin .
9.21.057. -Commercial vehicle arkin and stora a in s or#s and entertainment zones.
9.21.059. -Commercial vehicle arkin and stora a in flood lain zones.
92.1.060. - Exceptions to Chapter.
921.070. -Penalties. ~ ~~~
9.21.080. -Enforcement.
9.21.090. - Severability.
9.21.010.- Purpose and intent.
The purpose and intent of the requirements for parking and storage of commercial vehicles established
by this Chapter is to ensure that parking and storage areas on private property are compatible with the
surrounding land uses, to preserve peace and good order, to promote the aesthetic beauty of the
community and to promote the health, safety and general welfare of the residents of the County of
Yuba.
{Prior Code, § 9.21.010; Ord. No. 1442)
9.21.012.- Territorial applicability.
The provisions of this Chapter shall apply generally to all property throughout the unincorporated area
of the County of Yuba wherein any of the conditions hereinafter specified are found to be in existence.
{Prior Code, § 9.21.012; Ord. No. 1442)
9.21.020.- Definitions.
The following definitions shall govern the construction of the wards and phrases used in this Chapter:
{1) Commercial vehicle means a motor vehicle of a type required to be registered under this
Yuba County, California, Code of Ordinances
Page 1 of 6
TITLE IX. -VEHICLE TRAFFIC ROADS
CHAPTER 9.21 - RESTRICTIONS ON COMMERGIAL VEHICLE PARKING AND STORAGE
Code used or maintained far the transportation of persons for hire, compensation, or profit or
designed, used, or maintained primarily far the Gross vehicle weight rating (GVWR) means the
weight specified by the manufacturer as the loaded weight of a single vehicle. (Vehicle Code §
350(a)}
(2} Park or parking means the standing of a vehicle, whether occupied ar not, otherwise than
temporarily for the purpose of and while actually engaging in loading or unloading merchandise
and passengers. {Vehicle Code § 463)
(3) Residential area means contiguous properties where the majoritylpredominant use of the
land is residential or the properties are improved with single-family dwelling units or mufti-housing
units.
{4) Stop ar stopping means the standing of a vehicle, whether occupied or not, except when
necessary to avoid conflict with other traffic ar in compliance with the direction of a police officer or
official traffic control device or signal (Vehicle Cade § 587}.
(5) Standing means a vehicle, whether occupied or not, which has stopped and remains
motionless, still or stationary.
(6) Store or storage means the Keeping of a vehicle on private property (including vessels,
trailers, and recreational vehicles) that is not in regular and frequen# use and is being kept or
reserved for future use.
(Prior Code, § 9.21.020; Ord. Na. 1442)
9.21.030.- Private property.
No person shalt park or store a commercial vehicle on private property within the County of Yuba.
{Prior Code, § 9.21.030; Ord. No. 9442)
9.21.040.- Commercial vehicle parking on public ways.
No person shall cause, allow or permit any vehicle of more than two-ton capacity, which is registered in
that person`s name or which is operated or controlled by that person to be parked on any public street,
thoroughfare, sidewalk ar other public way for more than five consecutive hours, except:
(1) When loading or unloading property and time in addition to such five-hour period is
necessary to complete such work;
(2) When such vehicle is parked in connection with and in the aid of the performance of a
service to or on the property in the block in which such vehicle is parked, and time in addition to
such five-hour period is necessary to complete such service.
(Prior Code, § 9.29.040; Ord. No. 1442)
9.21.045.- Commercial vehicles over specified weight parking or standing on residential streets.
The parking ar standing of commercial vehicles an streets in residential areas, including self-propelled
vehicles with or without trailers, having a manufacturer's gross weight rating of 10,000 pounds or more,
and all commercial trailers, is prohibited.
Yuba County, California, Code of Ordinances
Page 2 of 6
TITLE IX. -VEHICLE TRAFFIC ROADS
CHAPTER 9.21 - RESTRICTIONS ON COMMERCIAL VEHICLE PARKING AND STORAGE
(Prior Code, § 9.21.045; Ord. No. 1442}
9.21.046.- Commercial vehicles over specified length or height parking or standing on residential street.
No person who owns or has possession, custody or control of any commercial vehicle measuring more
than 20 feet in length or over eight feet in height shall park or leave standing such vehicle upon any
street in a residential district or abutting any property or area within a residential district between the
hours of 8:00 p. m. and 8:00 a.m.
(Prior Code, § 9.21.046; Ord. No. 1442)
9.21.fl50.- Parking or storage oftruck-tractors on certain lots.
The parking or storing of the maximum of one commercial vehicle accessory to a commercial use on a
lot in the R-1, R-2, R-3, REE or ARIR districts or any residential portion of a plan area or PUD is subject
to the following requirements:
{1) The truck is awned by the owner/resident of the property.
{2) Na maintenance in regard to the truck tractor is permitted on the property.
(3) The truck- tractor shall be parked or stored entirely on private property; parking or storage of
the commercial vehicle in the public right-of-way, front yard setback or front of the house shall not
be permitted.
(4) The trailer portion of the truck-tractor shall not be parked on the property.
(5) The truck-tractor shall not enter the property after 10:00 p.m. and shall not leave the property
before 7:00 a.m.
(6) The truck-tractor shall not be parked or stored within any required setback as set forth in Title
12 of the County of Yuba Ordinance Code, nor shall any truck-tractor be parked or stored closer
than 50 feet from any dwelling on the property or the adjacent property.
(7) Screening of the #ruck-tractor is required.
(Prior Code, § 9.21.050; Ord. No. 1442}
9.21.051.- Commercial vehicle parking and storage in Commercial and Industrial zones, including areas
zoned Rura[ Commercial "RC."
Parking andlor storage of commercial vehicles is allowed in commercial and industrial zones. Where
adjacent to residential areas, vehicles need to be stored a minimum of 50 feet from the property line
that is shared with the residential use. The area adjacent to the residential area shall be screened with
a minimum of a six-foot masonry wall and evergreen trees planted 30 feet on center. Evergreen shrubs
that reach a minimum of 15 feet in height at maturity may be substituted or used in conjunction with the
evergreen trees.
(Prior Code, § 9.21.051; Ord. No. 1442}
9.21.053.- Commercial vehicle parking and storage in AE and AIRR zones.
Parking and storage of commercial vehicles may be allowed by a Conditional Use Permit (CUP) in
Yuba County, California, Code of Ordinances
Page 3 of 6
T[TLE IX. -VEHICLE TRAFFIC ROADS
CHAPTER 9.29 -RESTRICTIONS ON COMMERCIAL VEHICLE PARKING AND STORAGE
areas zoned AE or AIRR and in public facilities zones with afive-acre minimum parcel size. Vehicles
need to be stored a minimum of 50 feet from the property line and shall be screened from the adjacent
property with a combination of evergreen trees or shrubs that reach a minimum of 15 feet in height at
maturity.
(Prior Code, § 9.21.053; Ord. No. 1442}
9.21.055.- Commercial vehicle parking and storage in agricultural or timber harvesting.
Commercial vehicle parking and storage for onsite agricultural or timber harvesting vehicles is allowed
in areas zoned AE and TPZ when associated with an active agricultural or timber harvesting operation.
(Prior Code, § 9.21.055; Ord. No. 1442)
9.21.057.- Commercial vehicle parking and storage in sports and entertainment zones.
Commercial vehicle parking and storage may be permitted with a conditional use permit in sports and
entertainment zones.
(Prior Code, § 9.21.057; Ord. No. 1442)
9.21.059.- Commercia! vehicle parking and storage in flood plain zones.
Commercial vehicle parking and storage is prohibited in all "A" classification flood plain zones.
(Prior Code, ~ 9.21.059; Ord. No. 1442)
9.21.060.- Exceptions to Chapter.
This Chapter shall not apply under the following conditions:
(1) When such commercial vehicle is making pickups and deliveries of goods, wares or
merchandise from or to any building or structure located on the residential street.
{2) When such vehicle is parked in connection with and in aid of the performance of a service to
or on a property within the residential area.
{3) When such vehicle is engaged in the construction, installation, repair or maintenance of a
publicly or privately owned utility facility located within the residential area.
(4) When the area contains property used for commercial or industrial purposes and such
vehicle is parked on the property.
(5) When such vehicle is a pickup truck or mounted camper used in daily commuting.
(6} When such vehicle is engaged in the delivering of materials to be used in the actual and
bona fide repair, alteration, remodeling or construction of any buildings or structures, for which a
building permit has been obtained.
{7) When such vehicle is a bus that is engaged in stopping, standing or parking for the purpose
of loading and unloading passengers.
{8) In areas containing developed property zoned AE, when that property is less than 40 acres
Yuba County, Gaiifornia, Cade of Ordinances
Page 4 of 6
TITLE IX. -VEHICLE TRAFFIC ROADS
CHAPTER 9.21 - RESTRICTIONS ON COMMERCIAL VEHICLE PARKING AND STORAGE
but the lesser acreage is the current site of a viable agricultural operation.
(9) When the commercial vehicle is any privately, municipally or publicly owned vehicle engaged
in work authorized by County permit or County contract.
(Prior Code, § 9.21.060; Ord. Na. 1442)
9.21 A70.- Penalties.
(a) It is unlawful for any person to permit commercial vehicle parking or storage on private property in
violation of this Chapter.
{b} Except as hereinafter provided, whenever any provision of this Chapter provides that any act is
prohibited or made or declared to be unlawful or a misdemeanor or an infraction, or requires the doing
of any act, or declares the #ailure to do any act unlawful or a misdemeanor or an infraction, the violation
of such provision may be charged as an infraction punishable by imposition of the following fines:
(1 } Upon a first conviction a fine not to exceed $100.00.
(2) Upon a conviction of violating any provision of this Chapter, and the offense occurred within
one year of a separate violation of the same provision of this Chapter which resulted in a
conviction, a fine of $200.00. For purposes of this Subsection, a bail forfeiture or a plea of Halo
contendere shall be deemed a conviction. The prior conviction shall be alleged on the citation or
complaint and either admitted or proven.
(3) Upon a conviction of violating any provision of this Chapter and the offense occurred within
one year of two or more separate violations of the same provision of this Chapter which resulted in
convictions, a fine not to exceed $50D.00. For purposes of this Subsection, a bail forfeiture or a
plea of Halo contendere shall be deemed a conviction. The prior convictions shall be alleged on
the citation or complaint and either admitted ar proven.
(c) Separate Offense. Each hour or part thereof that a person violates or continues #a violate any
such provision of this Cade constitutes a separate offense and may be charged and punished
separately without awaiting conviction of any prior violation. Notwithstanding the foregoing, a second
citation shall not be issued until the alleged violator has been provided aten-day period within which to
correct the alleged violation unless the violation creates an immediate threat to the public health or
safe#y.
(d) Misdemeanors. Any violation of any provision of this Chapter occurring within one year of three or
more separate violations of the same provision of this Code which results in convictions may be
charged as a misdemeanor punishable by a fine of not more than $1,000.00 or by imprisonment in a
County Jail for not more than six man#hs, or by both that fine and imprisonment. For purposes of this
Subsection, a bail forfeiture or a plea of Halo contendere shall be deemed a conviction. The prior
convictions shall be alleged on the citation or complaint and either admitted or proven at trial.
(Prior Code, § 9.21.070; Ord. No. 1442)
State law reference- Penalties for ordinance violations, Government Cade § 25132, Penal Code § 19, Vehicle Code
§ 42001.
Yuba County, California, Code of Ordinances
Page 5 of 8
TITLE IX. -VEHICLE TRAFFIC ROADS
CHAPTER 9.21 - RESTRICTIONS ON COMMERCIAL VEHICLE PARKING AND STORAGE
9.29.080.- Enforcement.
The Director of the Community Development and Services Agency, or his or her designee, the Yuba
County Sheriff and the Califomia Highway Patrol andlor any peace officer within the State of California
shall have the duty of enforcing the provisions of this Chapter, and such officials are empowered to
issue citations for violations.
(Prior Code, § 9.21.080; Ord. No. 1442)
9.21,090.- Severability.
If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the
application thereof to any person or circumstances, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions or provisions of this Chapter, or their applicability to distinguishable
situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to
validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board
of Supervisors declares that it would have adopted this Chapter and each section, subsection,
sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or
unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this
end the provisions of this Chapter are intended to be severable.
State law rc€erence- Similar provisions, Government Code § 23.
Yuba County, California, Code of Ordinances
Page 6 of 6