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Analysis BACKGROUND On November 3, 1977, the Planning Commission approved Use Permit Application U-78-9 of Edgar B. Billups. The Use Permit was for a 'marine repair shop, specializing in outboard motor repair, with incidental sales of marine motor parts: Since the approval, the facility has been used by several different boat engine repair businesses. In October of 1992 and 1993, the Community Development Department received complaints through Supervisor George Barber that a new business (Lee's Boat Hauling) was using this facility and that there were boats stored over the entire property, with some of the boats extending into the public right-of-way of Walnut Grove Road. A field check of the property revealed over 30 large boats, 25 to 60 feet in length, being stored on the site. Several of the boats were occupied by residents. They were provided power by electrical extension cords and water with garden hoses. A mobile home was also on the site and was being used as an office for the business. Permits had not been obtained for this mobile home, and the use did not have a current Business License. On both occasions, staff met with the owner of the business and discussed the limitations of the Use Permit with him and what actions would be needed to bring his business into compliance with the Conditions of Approval. While some progress was made in correcting the violations of the Conditions of Approval, the majority of the violations continued after both the October 1992 and October 1993 complaints. On February 3. 1994, the Planning Commission was asked to decide whether to schedule a public hearing to consider the revocation or modification of Use Permit Application No. U-78-9. After a presentation of the property's history, the Commission voted to schedule a revocation hearing on March 17, 1994. A subsequent field check and investigation by staff indicated that (1) recreational vehicles and boats were still being used as living quarters with connection to water and electricity, (2) permits had still not been secured for the mobile office. (3) outside repair work on boats was still being done, (4) the Improvement Plan had not been completed, and (5) a Business License had not yet been submitted. The Use Permit application under which the owner had been operating his business on this property was revoked by the Planning Commission on March 17, 1994. for violation of the adopted Conditions of Approval, adverse health and safety impacts associated with its operation, and that it had developed into a public nuisance. At the hearing, Lae Coulter. who now owns the property, was informed that enforcement actions would not begin for 30 days and that during that time he could submit a Site Approvai application to request a change from the previous nonconforming use to a less intensive nonconforming use. Site Approval Aepfication No. SA-94-22 was submitted on April 18. 1994, ZONING CONSISTENCY The Site Approval application was submitted and processed under the provisions of Section 9-235.3(c)(2) of the Development Title. which states that a nonconforming use may be changed to another, less intensive nonconforming use subject to an approved Site Approval application. In this case, the nonconforming use (approved by Use Permit Application No. UP-78-9) was a marine repair shop with incidental sales of marine motor parts, and the proposed, less intensive nonconforming use is a boat hauling business with minor repairs and temporary boat storage. Sta'rt's recommendation for denial is based upon the `act that the proposal for the storage of 25 boats for periods of up to 30 days is not a less intensive use than the previously approved nonconforming use. San Joacuin Countv SA-94-22.Coulter Community Cevelaoment Page 5