Project Title: NOTICE OF FINE APPEAL HEARING
County File: CECF23-00253 Owners: LOPEZ MARTINE
Zoning: P-1
Site Address: 0 POINSETTIA AVE, BAY POINT, CA
Parcel Number(s): 096-044-007
Code Enforcement Officer: ARMANDO CARRASCO & WILLIAM LOVAN Staff Recommendation: DENY APPEAL (SEE SECTION IV)
Notice of Fine Appeal Hearing
I. PROJECT DESCRIPTION
This is an appeal hearing for a Notice of Fine that was issued for Code Enforcement Case CECF23-00253. This case is for violation(s) of operating a landscaping business on the vacant property in a P-1 zoning district.
II. BACKGROUND
On March 10, 2023, Code Enforcement Staff observed a landscaping business operating from the vacant property in a P-1 zoning district.
On March 10,2023, A Notice to Comply sent by mail to property owner.
On May 25, 2023, Code Enforcement Staff posted a Notice of Violation at the vacant property due to the operation of a landscaping business on the vacant property in a P-1 zoning district.
On July 20, 2023, Code Enforcement Staff posted a Notice of Fine at the vacant property due to the operation of a landscaping business on the vacant property in a P-1 zoning district.
On November 22, 2024, Code Enforcement Staff sent by mail a letter in response to a change of Inspector and a revised Notice to Comply letter.
Zoning Administrator - February 19, 2025
County File # CECF23-00253
Page 2 of 2
III. DISCUSSION OF APPEAL POINTS
1. Claim of no zoning violation at the vacant property and that the violation has not been corrected.
While monitoring illegal dumping conditions at other properties in the neighborhood on weekday mornings, Code Enforcement Manager, Joe Losado, has observed “Curb Appeal Landscape” operating from the vacant property in a P-1 Zoning District. Operational activities including employees blocking Poinsettia Avenue while entering, parking, loading, and exiting the property with personal and company vehicles.
The SH designation of the Bay Point P-1 zoning district which the property is located, does not permit a landscaping business to operate on a vacant property.
2. Attorney of the property owner claims that the vacant property is currently listed for sale.
As of July 20, 2023, the property has yet to be sold and “Curb Appeal Landscape” continues to operate a landscaping business from the vacant property.
IV. RECOMMENDATIONS
Staff recommends that the County Zoning Administrator
1) Direct the property owner to discontinue/remove the violation OR
2) Direct the property owner to pay the fine amount listed in the Notice of Fine