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STAFF REPORT |
Agenda Item #_____ |
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Project Title: |
2770 Willow Pass Road Vehicle Storage Facility Expansion Development Plan |
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County File(s): |
CDDP18-03005 |
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Appellant: |
Ellen Bulla, Sycamore Court Home Association |
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Applicant/Owner: |
Rod Schlenker, Insurance Auto Auctions, Inc. (Applicant) / NGL SF Bay Storage & Transfer, LLC (Owner) |
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Zoning/General Plan: |
Bay Point P-1 Planned Unit District / HI Heavy Industry, SL Single-Family Residential - Low Density (General Plan 2005-2020) |
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Site Address/Location: |
2770 Willow Pass Road in the Bay Point area of unincorporated Contra Costa County (Assessor’s Parcel Number: 098-240-031) |
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California Environmental Quality Act (CEQA) Status: |
Mitigated Negative Declaration, SCH 2021100408 |
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Project Planner: |
Grant Farrington, Planner III (925) 655-2868 |
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grant.farrington@dcd.cccounty.us |
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Staff Recommendation: |
Approve (See Section II for Full Recommendation) |
I. PROJECT SUMMARY
This is an appeal of the Zoning Administrator’s decision to approve of a development plan for the expansion of an existing Insurance Auto Auctions storage facility onto an adjacent vacant 10.35-acre property. The proposed expansion would allow the storage of an additional 1,136 vehicles bringing the total number of vehicles permitted to be stored at the facility to approximately 4,436 vehicles. The development plan approval includes approval of a deviation to the Bay Point P-1 Development Standards for 7.5% of the subject lot to be landscaped (where 10% of the site is required to be landscaped), approval of a tree permit for the removal of 41 code-protected trees ranging in size from 7” to 60” in diameter, and the granting of an exception to the collect and convey requirements of Division 914 of the County Code.
II. RECOMMENDATION
Department of Conservation and Development, Community Development Division (CDD) staff recommends that the County Planning Commission:
A. DENY the appeal.
B. ADOPT the Mitigated Negative Declaration / Initial Study (MND), SCH 2021100408 and the October 2021 Mitigation Monitoring and Reporting Program (MMRP), based on the attached findings, and specify that the Department of Conservation and Development (located at 30 Muir Road, Martinez, CA) is the custodian of the documents and other materials, which constitute the record of proceedings upon which this decision is based.
C. Grant the exception to the drainage improvements required under County Code Division 914 (collect and convey), as detailed in the attached findings.
D. APPROVE Development Plan CDDP18-03005, including a deviation to the Bay Point P-1 Development Standards for 7.5% of the subject lot to be landscaped (where 10% of the site is required to be landscaped), and a tree permit for the removal of 41 code-protected trees ranging in size from 7” to 60” in diameter, based on the attached findings and subject to the attached conditions of approval.
E. DIRECT staff to file a Notice of Determination with the County Clerk.
III. GENERAL INFORMATION
A. General Plan: HI Heavy Industry and SL Single-Family Residential - Low Density (General Plan 2005-2020). The CDDP18-03005 Development Plan application was deemed complete prior to adoption of the 2045 General Plan on November 5, 2024. Accordingly, General Plan 2005-2020 applies to the application.
B. Zoning: Bay Point P-1 Planned Unit District.
C. California Environmental Quality Act (CEQA): A draft Mitigated Negative Declaration / Initial Study, State Clearinghouse Number (SCH) 2021100408, was prepared and published for the application. The public review period for the draft MND started on October 21, 2021 and ended on November 21, 2021. No letters were received during the 30-day public comment period.
D. Tribal Cultural Resources: In accordance with Section 21080.3.1 of the California Public Resources Code, a Notice of Opportunity to Request Consultation was sent on February 17, 2021 to the Wilton Rancheria, the one California Native American tribe that requested notification of proposed projects within unincorporated Contra Costa County in 2021. Pursuant to Section 21080.3.1(d), there was a 30-day time period from receipt of the Notice for the Native American tribes to either request or decline consultation in writing for this project. Staff did not receive a request for consultation from the Wilton Rancheria.
E. Lot Creation: The project site was originally part of a portion of Section 11 T2N R1W. The applicant has provided a chain of title for the property going back to 1946 Based on the chain of title, the lot was created by conveyance in 1973. Approval of the CDDP18-03005 Development Plan, along with the attached conditions of approval will result in the creation of “real property” that has been approved for development in accordance with Section 66499.34 of the Subdivision Map Act.
F. Previous Applications:
1. CDLP98-02056: A land use permit to establish a vehicle storage facility on the 31.53-acre parcel adjacent to the north of the project site at 2780 Willow Pass Road (APN: 098-240-024) that included an office building, a covered parking structure, and 15 acres of vehicle storage, was approved by the Zoning Administrator on October 12, 1998.
2. CDLP02-02009: A land use permit to expand the existing vehicle storage yard at 2780 Willow Pass Road from 15 acres to 25.5 acres, including an area for auto auctions, was approved by the Zoning Administrator on January 27, 2003.
IV. BACKGROUND
A. Zoning Administrator Decision: The CDDP18-03005 Development Plan application was accepted by the CDD on January 21, 2018. A public hearing was held before the Zoning Administrator on July 6, 2022. At the hearing, the Zoning Administrator continued the hearing item to the August 1, 2022 meeting. The item was continued to September 7, 2022 at the applicant’s request. The Zoning Administrator continued the hearing again to the October 3, 2022 meeting and then subsequently to the November 21, 2022 meeting to allow staff to review supplemental materials that had been submitted. The Zoning Administrator approved the development plan on November 21, 2022.
B. Appeal of the Zoning Administrator’s Decision: An appeal of the Zoning Administrator’s decision was filed on December 1, 2022, within the 10-day appeal period by Ellen Bulla, secretary of the Sycamore Court Home Association. The appeal letter is included in Attachment B.
V. SITE/ AREA DESCRIPTION
The project site is located in an established heavy industrial area of Bay Point. The 10.35-acre parcel at 2770 Willow Pass Road (APN: 098-240-031) has a rectangular shape with a 9-foot-wide panhandle extension along the eastern edge of the Sycamore Court subdivision that abuts Willow Pass Road. Even though the site has this panhandle frontage along Willow Pass Road, it is inaccessible from the arterial roadway and is accessed from the adjacent parcel at 2780 Willow Pass Road (APN: 098-240-024). The site is predominantly flat and the only existing structures are several abandoned storage tanks. Three rail spurs are also present on the site. Previously, a propane storage business operated the parcel but no planning or building permit history could be obtained establishing any previous valid use on the project site. Properties adjacent to the site to the east and to the south are residential in nature with single-family and multi-family residences present. Industrial businesses are located to the west of the site. The adjacent parcel to the north is the established vehicle storage facility, which is proposed to expand onto the project site.
VI. PROJECT DESCRIPTION
The applicant requests approval of a development plan to allow the expansion of the existing vehicle storage facility, located on the adjacent 31.53-acre parcel to the north, onto the project site to allow the storage of approximately 1,136 additional theft recovered and damaged vehicles. A deviation to the Bay Point P-1 Development Standards to allow landscaping of approximately 7.5% of the subject lot (where 10% of the site is required to be landscaped) is also requested along with a request for approval of a tree permit for the removal of 41 code-protected trees ranging in size from 7” to 60” in diameter. No additional development is proposed with this project although security improvements would be made to the perimeter fencing. The project would expand the land use first established under Land Use Permit CDLP98-02056 onto the project site. The project is to be developed in three phases. Phase 1 includes the storage of 799 vehicles at the southern end of the parcel in five parking zones. Phase 2 includes the storage of 204 vehicles in five parking zones located on the central portion of the parcel. Phase 3 includes storage of 133 vehicles in four parking zones at the north end of the parcel. The phases are shown on the plans in Attachment D. The Contra Costa Fire Protection District has required the removal of the existing storage tanks on the project site prior to Phase 2.
The current business conducted by Insurance Auto Auctions, Inc. (IAAI) on the adjacent parcel at 2780 Willow Pass Road was originally established under Land Use Permit CDLP98-02056. Land Use Permit LP02-2009 expanded the allowed use from 15 acres of vehicle storage to 25.5 acres of storage and established the auction business on the parcel. Tow trucks arrive daily, Monday through Friday, to deliver theft recovered and damaged vehicles for temporary storage and auctions. The vehicles delivered by tow trucks are collected and evaluated, then the titles are processed through the California Department of Motor Vehicles so they may be auctioned off to the public. Auctions are conducted every Tuesday which brings in approximately 80 cars of auction participants, in addition to the regular tow truck traffic.
The CDDP18-03005 development plan application would expand the vehicle storage facility from 25.5 acres to 35.9 acres by including vehicle storage on the project site. The project would increase the overall capacity of the vehicle storage facility by an additional 1,136 vehicles to approximately 4,436 vehicles.
Access to and from the project site is via a private access road from Willow Pass Road that is along the western and northern edges of the parcel at 0 Willow Pass Road (APN: 098-240-021), the eastern edge of the parcel at 2840 Willow Pass Road (APN: 098-240-052) and through the southeastern quadrant of the parcel at 2780 Willow Pass Road. Circulation of traffic to and from the site would occur between 8:00am and 5:00pm Monday through Friday. No paving of the site is proposed and length of storage duration for the theft recovered and damaged vehicles would be subject to the processing time it takes to prepare the vehicles for auction. The existing designated location for vehicle auctions would remain on the adjacent parcel at 270 Willow Pass Road (APN: 098-240-024).
The project includes the planting of new landscape trees along the property line adjacent to the Sycamore Court neighborhood as shown in supplemental project plans dated July 16, 2025. These plans are included in Attachment E. The plantings include five California live oaks and a row of blue Italian cypress trees along the entire length of the shared property line to be spaced no more than three feet apart. The updated project narrative from the plans dated July 16, 2025 includes a provision for the storage of recreational and electric vehicles to be located within the existing IAAI vehicle storage facility on the adjacent parcel to the north.
VII. AGENCY COMMENTS
An Agency Comment Request packet was sent on January 29, 2018 to a number of public agencies, including the Building Inspection Division, the East Contra Costa County Habitat Conservancy, the Environmental Health Division of Contra Costa Health, the Engineering Services Division of the Public Works Department. The Contra Costa County Fire Protection District, the Contra Costa Water District, the City of Pittsburg, and the Bay Point Municipal Advisory Council. Comments received by staff are included in Attachment H. Following are summaries of the comments received.
A. East Contra Costa County Habitat Conservancy: In a letter dated January 29, 2018, the Habitat Conservancy noted that the project is exempt from compliance with the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan.
B. Contra Costa Mosquito & Vector Control District: In a letter dated January 30, 2018, the Mosquito & Vector Control District indicated that the project should employ measures so that no vehicle, container, swale, or other on-site feature retains standing water longer than 72 hours in order to prevent mosquito breeding on the premises.
C. Contra Costa Health, Environmental Health Division: In a letter dated February 1, 2018, the Environmental Health Division indicated that a permit from Environmental Health is required for any well or soil boring prior to commencing drilling activities and any abandoned wells and septic tanks must be destroyed under permit. In addition, debris from construction or demolition activity must go to a solid waste or recycling facility that complies with requirements and lawfully accepts the materials.
D. Contra Costa County Fire Protection District: In a letter dated February 2, 2018 the Fire Protection District stated that removal of all above ground tanks, adequate and reliable water supply and a minimum 20-foot wide access would be required prior to any approval of the project by the district.
E. Building Inspection Division: In a returned Agency Comment Request form dated February 16, 2018, the Building Inspection commented that compliance with current building codes is required.
F. Bay Point Municipal Advisory Council (MAC): At its meeting held on Tuesday March 5, 2019, the Bay Point MAC reviewed an earlier iteration of the proposed project that did not include a landscaping buffer adjacent to the residential neighborhoods to the south, and unanimously decided that they could not support the project. The MAC had concerns about the removal of trees as well as additional automobiles being stored in the area. The applicant has since revised the project to include tree plantings to replace the existing trees intended for removal (see Attachment E).
G. Public Works Department, Engineering Services Division: In a letter dated May 10, 2022, the Engineering Services Division submitted a memo describing the regulatory programs that applied to the project site and included a number of conditions of approval and advisory notes to be applied to the proposed project. Engineering Services recommended approval of the request for an exception to County Code County Division 914 (Collect and Convey).
The May 10, 2022 Public Works conditions of approval and advisory notes are incorporated in the Conditions of Approval and the Advisory Notes.
VIII. ENVIRONMENTAL REVIEW
A draft Mitigated Negative Declaration/Initial Study, State Clearinghouse Number 2021100408, was prepared and published on October 21, 2021. Potentially significant impacts were identified in the draft MND, including the potential for: adverse aesthetics, biological resources and hydrology/water impacts. The public review period for the draft MND started on October 21, 2021 and ended on November 21, 2021. No comments were received during the public review period, and therefore, preparation of a final MND is not necessary. The draft MND constitutes the MND for the application and is included as Attachment I.
A Mitigation Monitoring and Reporting Program (MMRP) was prepared that addresses all of the mitigation measures recommended in the draft MND. The MMRP is included as Attachment J. If approved, the MND mitigation measures would apply to the CDDP18-03005 Development Plan as Conditions of Approval.
IX. PUBLIC COMMENTS
Three letters were received after the end of the public review period for the draft MND on November 21, 2021. The comments in the letters do not explicitly challenge the findings in the draft MND and are objections to the project. Following is a summary of the objections along with staff responses.
A. Letter from Larry Estes of 1 Sycamore Court, Bay Point:
1. Objection: Mr. Estes is opposed to the development plan project because it will negatively impact surrounding property values, and the additional vehicles stored on site will cause environmental issues including ground contamination and increased local emissions.
Staff Response: Staff has no evidence that the project or the existing approved land use on the adjacent parcel has or will negatively impact property values. The proposed expansion of the vehicle storage facility on the adjacent parcel at 2780 Willow Pass Road is a land use that is consistent with the Heavy Industrial General Plan designation on the project site. The project also includes a vegetation and fencing buffer of approximately 30 feet between the parcels located on Sycamore Court and the project site.
The proposed development plan does not change site access, which will continue to use the access road around the western and northern edges of the parcel at 0 Willow Pass Road (APN: 098-240-021). Also, as evaluated in the MND, the project will not generate additional traffic to and from the vehicle storage facility.
All vehicles intended for storage are to be drained of all fluids prior to the transportation to and storage on the site, thus mitigating the possibility of ground contamination and local emissions.
2. Objection: Mr. Estes wishes for the applicant to propose an alternative site for the project.
Staff Response: The applicant has only submitted plans pertaining to the project site for review and approval by the CDD. Should the applicant propose an alternative site for this project, staff will review it at that time.
B. Letter from Edward and Christina Swan, 5 Sycamore Court, Bay Point:
1. Objection: Mr. and Mrs. Swan object to the project because the removal of the code-protected trees will generate additional traffic.
Staff Response: The trees intended for removal will be replaced with new trees to be located along property lines for visual screening purposes. The project will not change the existing access to Willow Pass Road nor will it result in additional traffic to the vehicle storage facility. Access to the project site will be from the adjacent parcel to the north and no trees are located at the northern property line of the site.
2. Objection: Mr. and Mrs. Swan assert that the storage of automobiles on the project site will contribute pollutants of waterways.
Staff Response: As stated in Section A.1 above, all vehicles are drained of fluids prior to the transportation and storage on the project site. As conditioned, the applicant will be required to submit a Storm Water Pollution Prevention Plan for the project that is subject to review by the Public Works Department prior to the storage of any vehicles on the site.
C. Letter from Anton Shelton of 8 Sycamore Court, Bay Point:
1. Objection: Mr. Shelton opposes the project because it will generate environmental and noise pollution.
Staff Response: As evaluated in the MND, the project will not increase truck traffic to the vehicle storage facility and all vehicles intended for storage are drained of fluids prior to entering the facility. Noise from truck traffic with implementation of the project is not expected to increase significantly from existing noise levels. Also, the project includes a metal screen wall with vines and a buffer of landscaping trees between the subject parcel and the residential lots on Sycamore Court.
2. Objection: Mr. Shelton states the project will negatively impact property values in the area.
Staff Response: As stated in Section A.1 above, staff has no evidence that the project will negatively impact property values, if approved.
X. ZONING ADMINISTRATOR APPEAL
An appeal letter from Ellen Bulla, secretary of the Sycamore Court Home Association, and a resident of 7 Sycamore Court, Bay Point, was received on December 1, 2022. The appeal letter is included as Attachment B. This appeal is based on four appeal points, each of which are summarized below and followed by a staff response.
A. Appeal Point #1: The proposed landscaping plan is insufficient for noise reduction and privacy screening.
Staff Response: The applicant has submitted a revised landscaping plan on July 16, 2025 that includes the planting of five California live oak trees and a row of blue Italian cypress trees along the south property line adjacent to the Sycamore Court neighborhood. The revised landscaping plan includes additional tree plantings beyond what was previously proposed. Staff contacted Ms. Bulla by telephone on November 14, 2025 to confirm that she has reviewed the revised landscaping plan. Ms. Bulla indicated that the additional tree plantings satisfy the request for additional screening along the shared property line.
B. Appeal Point #2: The proposed project will bring additional noise impacts due to the storage of additional vehicles that are located closer to the appellant’s residence.
Staff Response: The project will increase the storage capacity of the facility but will not require additional truck trips to and from the project site as the existing business practices will be maintained for delivery of theft recovered and damaged vehicles. The landscaping plan dated July 16, 2025 will include trees that will provide additional screening to lessen impacts to the appellant’s residence as well as the surrounding neighborhood.
C. Appeal Point #3: Ms. Bulla states the proposed landscaping is inappropriate for the project site and native plantings should be required instead.
Staff Response: As discussed in the staff response to Appeal Point #1 above, the applicant has submitted an updated landscaping plan dated July 16, 2025, that includes additional oak and cypress trees to be planted along the southern property line that borders the Sycamore Court neighborhood. Oak trees are native to Contra Costa County. Although Cypress is not considered to be a native tree, it is common in Contra Costa County, is fire resistant and is drought tolerant.
D. Appeal Point #4: The new trees to be planted are not sufficient replacements for the removal of existing California live oak trees.
Staff Response: As stated above, this appeal letter was based on a previous landscaping plan and the applicant has submitted a revised plan that includes the planting of five new California live oak trees.
XI. STAFF ANALYSIS AND DISCUSSION
A. General Plan Consistency: The CDDP18-03005 Development Plan application was deemed complete prior to adoption of the 2045 General Plan on November 5, 2024. Accordingly, General Plan 2005-2020 applies to the application. The rectangularly shape portion of the project site is located in the HI Heavy Industry land use designation of General Plan 2005-2020 while the a 9-foot-wide panhandle extension of the site along the eastern edge of the Sycamore Court subdivision is located in the SL Single-Family Residential - Low Density land use designation. The project does not utilize the panhandle extension and would be located entirely on the HI Heavy Industry portion of the parcel. The general the intent of the HI designation in the Bay Point P-1 Planned Unit District is to allow activities requiring large areas of land with convenient truck, ship and/or rail access. The existing vehicle storage facility on the adjacent parcel to the north that is proposed to be expanded onto the project site is the storage of vehicles, which is considered to be a light industrial use per General Plan 2005-2020. Light industrial uses can be allowed on lots designated as HI Heavy Industry and can be developed to the standards outlined in the LI Light Industry land use designation of General Plan 2005-2020; however, aside from use of the site for vehicle storage, there is no development proposed with this project nor are there any employees to be permanently located on the subject parcel during normal business hours.
Lands that are designated as HI Heavy Industry require spatial separation from adjacent residential areas. The proposed expansion of the vehicle storage facility includes a 30-foot-wide buffer along the southern property line adjacent to the Sycamore Court subdivision, a 19-foot wide buffer along the eastern property line, and a 12-foot-wide buffer along the western property line that abuts the private access road from Willow Pass Road that is along the eastern edge of the parcel at 2840 Willow Pass. The buffer areas include fencing and landscaped screening in order to maintain spatial and visual separation. Inclusion of landscaping in the buffer areas is a modification to previous project plans that may result fewer vehicles being stored on the site to accommodate 42 landscape trees along with a row of blue Italian cypress trees and additional shrubs and climbing vines along the proposed metal screen wall along the southern, eastern, and western edges of the rectangular portion of the project site.
General Plan Policies for the Bay Point Area
General Plan 2005-2020 includes land use policies for specific geographic areas of the County in addition to the countywide policies. Pursuant to the General Plan’s Map of Unincorporated Communities with Adopted Area Policies, the project site is located within the Bay Point specific geographical area. Policy 3-78 for the Bay Point area includes the following policies to guide development in the area.
• Upgrade community appearance by encouraging new development to replace antiquated developments.
• Provide for well-designed projects that limit vehicular access to traffic arterials.
• Discourage new areas of expansion or strip development in the community.
• Achieve and maintain a healthy environment for people and wildlife that minimizes health hazards.
Expansion of the existing Insurance Auto Auctions, Inc. vehicle storage facility onto the project site will replace a vacant lot that was previously developed for a propane storage business. The existing conditions of the site include vacated propane storage tanks, rail spurs and several trees. The storage tanks and trees would be removed to accommodate vehicle storage on the site. The project does not include any heavy industrial development that would otherwise conflict with the Bay Point policies. The project also includes the installation of security and privacy screening measures that include new fencing and landscaping to provide screening of the vehicle storage on the site. The project will utilize the private access road to the vehicle storage facility at 2780 Willow Pass Road. Thus, there will be no additional access from Willow Pass Road that would otherwise affect circulation along the arterial roadway. Further the project MND and MMRP includes measures to mitigate any potential adverse health hazards within the Bay Point area.
B. Zoning Compliance: The project site is located within the Bay Point P-1 Planned Unit District. The intent of the Bay Point P-1 District is to ensure that future growth and development occurs in accordance with the adopted elements of the General Plan for the Bay Point area by encouraging innovation in land development and renewal, developing of vacant and marginal properties within established areas, and protecting existing residential neighborhoods from harmful encroachment by intrusive or disruptive development and uses. A vehicle storage facility is a permitted use in the HI Heavy Industry designation in the Bay Point P-1 District. This project would expand an existing vehicle storage facility onto the vacant project site. Use of the vacant site for vehicle storage triggers the need for approval of a development permit. The project will utilize a vacant property within an established industrial area while maintaining a buffer with the adjacent residential land uses.
The project is subject to the development standards, design guidelines and conditions of approval of the Bay Point P-1 District. The Conditions for Development and Use of Property in the Bay Point Area includes Development Policies (#37 through #47) that provide specific criteria for all land use projects in the Bay Point area. The proposed expansion of the vehicle storage facility onto the project site will maintain the continued compliance of these conditions including:
• Development Policy 41. Off-street parking and loading areas shall be integrated into the overall vehicular circulation system.
• Development Policy 42. Development applications shall ensure that adequate buffer zones are provided between unlike land uses.
The project will require a deviation from the Development Standards for the Bay Point P-1 District, for required 10% minimum landscaped area of Heavy Industrial parcels. The project site is a 10.35-acre lot which would require approximately 45,000 square feet of landscaping to comply with the 10% minimum landscaped area requirement. The project includes approximately 34,000 square feet of landscaping as a buffer along the southern, eastern, and western property lines of the larger rectangular portion of the parcel and existing vegetation located on the panhandle extension along the eastern edge of the Sycamore Court subdivision. With the landscape buffer, the project with the requested deviation meets the intent and purpose of the Bay Point P-1 District.
The project is also subject to the Bay Point Redevelopment Area Design Guidelines. The purpose of the Design Guidelines is to minimize visual and noise impacts of commercial and industrial uses on adjacent residential areas which includes comprehensive screening and landscaping for industrial areas. There is no development proposed with this project that would otherwise conflict with the guidelines and the project will comply with the guideline requirements by providing dense climbing vines on the metal screen wall along the southern, eastern, and western edges of the rectangular portion of the project site, landscaping to provide a buffer at shared property lines, and use of the existing the private access road that is located away from nearby residential development. Section III.G.4 (Universal Guidelines - Site Development) of the Design Guidelines requires an exterior lighting plan; however, lighting is not proposed as part of this project to mitigate any potential light pollution that would otherwise intrude onto adjacent residential lots. Therefore, the project meets the intent and purpose of the Design Guidelines.
C. Tree Protection and Preservation: The Tree Protection and Preservation Ordinance (County Code Chapter 816-6) aims to preserve certain trees in the unincorporated areas of the County in the interest of public health, safety, and in welfare in addition to environmental stability, beauty and privacy screening concerns. Pursuant to County Code Section 816-6.6004, trees that are at least 6½ inches in diameter at 4½ feet above ground on an industrial property are protected trees, and removal of code-protected trees or work within the drip lines of code-protected trees require prior approval of a tree permit. The project to expand vehicle storage onto the project site requires a tree permit because 41 code-protected trees would need to be removed to accommodate vehicle storage. As restitution for the removed trees, the applicant submitted a landscaping plan that includes the planting of 37 trees. An updated landscaping plan, dated July 16, 2025, includes the planting of five additional California live oak trees, a row of blue Italian cypress trees to be located along the southern property line, and a metal screen wall along the southern, eastern, and western edges of the rectangular portion of the project site. The metal screen wall is shown on the updated landscaping plan as being 8 feet tall; however, the project as conditioned requires the wall to be a maximum of 7 feet tall in order to not be considered to be a structure within yard setbacks. The existing trees on the project site are located sporadically throughout the 10.35-acre parcel and the replacement trees will be located along the southern, eastern, and western perimeter of the site to serve as a screening buffer. Based on the location of existing trees within the proposed vehicle storage areas and information on the type and health of the trees provided in the Arborist Report (Tree Survey ,2770 Willow Pass Road, Bay Point; Timothy C. Ghirardelli Consulting Arborist Services, February 19, 2019) that was prepared by a Certified Arborist, the project, as conditioned, satisfactorily meets the required factors for granting a tree permit.
D. Request for Exception: Division 914 of the County Code sets forth minimum drainage requirements that apply to land in unincorporated areas of the County, including collect and convey standards for storm water drainage in order to protect a subdivision from flood hazard, inundation, sheet overflow and ponding as a result of storm waters. The project does not include any new development and will utilize all existing infrastructure both on and off the site, and therefore, the applicant has requested an exception from the requirements of Division 914. The Public Works Department has reviewed the request for exception and has determined that there are no existing drainage problems in the area and with no development proposed, concentrated runoff is not anticipated to be directed at any adjacent parcels, and the existing drainage patterns will be maintained. Thus, the project satisfies the findings and requirements for granting an exception to Division 914 of the County Code.
E. Appropriateness of the Use: The project site is within an established heavy industrial area of Bay Point that is adjacent to single and multi-family residential housing. The proposed expansion of a vehicle storage facility on the adjacent parcel to the north onto the project site is compatible with the HI Heavy Industry land use designation of General Plan 2005-2020, and is a permitted use in the HI designation in the Bay Point P-1 District. No portion of the project is to be located on the area of the parcel that is designated as SL Single-Family Residential - Low Density. The proposed landscaping and screening elements will provide a buffer between the lot and the adjacent residential land uses. There is no development proposed and the project will not require any additional vehicular access from Willow Pass Road. The requested deviation to the minimum landscaped area meets the intent and purpose of the development standards. Also, the project, as conditioned, meets the required factors for granting a tree permit. Thus, the project as proposed is appropriate for the area.
IX. CONCLUSION
The proposed vehicle storage facility expansion onto the project site will allow for the storage of approximately 1,136 theft-recovered and damaged vehicles on the vacant lot as an expansion of the existing Insurance Auto Auction Inc. vehicle storage facility approved under Land Use Permit CDLP98-02056. Aside from vehicle storage, there will be no development or permanent employees on the subject parcel nor additional traffic in the private access road. A landscaping and tree planting plan has been included with this project which has provided the screening and landscaping required by the Bay Point Planned Unit District Design Guidelines. The request for a deviation from the minimum landscaped area meets the intent of the P-1 Development Standards. The development plan approval includes a tree permit for the removal of 41 code-protected trees ranging in size from 7” to 60” in diameter. As conditioned the project meets the required factors of Chapter 816-6 for granting a tree permit. In addition, staff has made the requisite findings for granting the exception to Division 914 of the County Code. Staff recommends that the County Planning Commission deny the appeal, grant the exception to Division 914 of the County Code, and approve Development Plan CDDP18-03005 for the expansion of the existing Insurance Auto Auctions Inc. vehicle storage facility onto the vacant 10.35-acre project site to include storage of an additional 1,136 vehicles for a total number of vehicles permitted to be stored at the vehicle storage facility to approximately 4,436, a deviation to the Bay Point P-1 Development Standards for 7.5% of the subject lot to be landscaped (where 10% of the site is required to be landscaped), and a tree permit for the removal of 41 code-protected trees ranging in size from 7” to 60” in diameter, based on the attached findings and subject to the attached conditions of approval.