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UP 13-0005
Kutte County Departfluent of -Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR. BUTTIE 7 County Center Drive COUNTY Oroville, CA 95965 (530) 538-7601 Telephone MAY 13 2013 (530) 538-7785 Facsimile DEVELOPMENT SERVICES APPLICANT?S NAME: (If applicant is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ADDRESS: STREET,.CITY, STATE, & ZIP CODE � d t'ca CA TELEPHONE: TMAIL:' /r, f ^ / cbb Y-\ -Z ` tel.Y 0O•-�• 1 i FAX: ( Y. _ OWNER'S NAME: TELEPHONE: ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT ADDRESS: STREET, CITY, STATE, & ZIP CODE: F1 MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT NAME OF PROPOSED PROJECT (if any) .: •:, SITE SIZE (in square feet or acres) �km\J a- CA LAS ,r LOCATION OF P OJECT (major cross s ets and address, i ,an ) ZONE GENERAL PLAN XISTINGLRNDFUSE S - PR POSED LAND USE E TING STRUCTUR. uare"feet)_.PROPOSED STRUCTURES (, square feet UNDER LLIA SON ACT CONTRACT '❑ Yes No (Check One) (Check One) ❑ PROPERTY IS OR.PROPOSED TO BE SEWERED , ❑ PROPERTY IS OR PROPOSED TO BE, ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC PROPERTY PROPERTY IS OR PROPOSED TO BE ON WELL WATER U ADMINISTRATIVE PERMIT ❑ TENTATIVE SUBDIVISION MAP ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WANER OF PARCEL MAP MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION' ❑ COMMUNICATIONS FACILITY UP/MUP - ❑REZONE ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE • F1 MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER FULL DESCRIPTION OF PROPOSED PROJECT (Attach necessary sheets. If this application is for a land division, describe the number and size of parcels:) \ V I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND. CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (If an agent is to be authorized, execute an affidavit of authyFotion and jnclufi"p affidavit with this application.) DATE: 5. SIGNATURE: a Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile APPLICATION PACKET FOR USE PERMIT OR MINOR USE PERMIT Applicant Name: �I�o�p�r 1� ' nZ(f Project Number: ( -3— 'DO o Check One ❑ USE PERMIT MINOR USE PERMIT 6 APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with Department of Development Services, Public Works and Environmental Health staff prior to preparing this application. Please note that acceptance of your application is not an indication of approval. Application packets with missing components cannot be accepted. Include this checklist along with your submittal. Applicant Planner 1. ❑ ❑ Complete a Pre -Application Review with the Environmental Health Division and provide 2. 3. evidence of meeting their requirements for sewage disposal and water supply in one of the following ways: ❑ A pre -application completion letter from Environmental Health "--E3--A.Willing and Able to Serve Letter from the appropriate utility district '__�Completed cooperative agreement for annexation into a utility district A completed, signed "Project Information Form. A complete Project Setting Description (instructions attached). 4. ❑ ❑ If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5. ❑ P/ A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by its required topographic map and a check in the amount of $75.00 made out to "NEIL". BUTTE- COUNTY UTTECOUNTY MAY 13 2013 DEVELOPMENT SERVICES Applicant Planner: 6. ❑ Pay ent of the, currently required Application Fees and/or'Deposits Make checks. payable 'to "Butte County Treasurer". Public., Fee Schedule is ,available under "Fees at http://www.butt6c6unty.net/dds/Planning/ Additlorial.fees for publication notices w' required prior to issuance_ of the use permit.. Application fees:are non-refundable. Applicant's Initials 7. ❑El A creation document ,for.the,project parcel and'evidence,of currenf property ownership.` • 8.a sffiELAN: Thirty (30) c©pies of a site map drawn to starida engineering scale % (" = 2U)._ Addttonalcop>esAofthemap shal-lt�e made,.availabae to county. F . i Applicant Planner - 9.. ❑ ❑ Building Elevations 10. ❑ ❑ If applicable, provide a proposed landscaping and irrigation plan on a separate sheet. 11. ❑ ❑ , ' If applicable, provide a conceptual grading plan. Items to be shown on the plan include: a. ❑ ❑ Natural' areas to be preserved, b. ❑ ❑ Proposed cut and All areas in contrasting colors or patterns. C. ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. ' d. ❑ ❑ Proposed.drainage and flood control facilities. e. ❑ ❑ Erosion control measures and best management practices (e.g:; - slope landscaping). f. ❑ ❑ Natural drainage. g. ❑ ❑ Location of retaining walls, drainage channels and existing structures. h. ❑ ❑ Location, elevation -and size of proposed building pads: , Additional information may be required in order to clarify, correct or supplement -the above submittal information or to complete any required environmental review documents, as -deemed necessary by the Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner: Additional fees may be collected for the California Department of . Fish and Game at the time of recording the Notice of Determination asrequired by Public Resource Code (PRC) section 21089 (b). Please call the Planning Division of the Department of Development Services at (530) 538 7601 if you have any questions about these requirements. 3 , Signature: Ix - .9 vluj"�U� Applicant/Representative Signature: Planner Receiving Application K:\Planning\FORMSWPPLICATIONS\UsePermit_MinorUP.doc Revised07/26/06 • Date: Date: BUTTE COUNTY MAY, 13 2013 DEVELOPMENT SERVICES Butte -County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile PROJECT SETTING DESCRIPTION INSTRUCTIONS Applicant Name: Project Number: Please address the following on a separate sheet of paper: 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. 2. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. S 2 rJ kl,� o v�_ r 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. �- I d� �"t� j �Ao-"Jo c' r—'t � (�/—J BUTTE. COUNTY MAY -13 2013 (DEVELOPMENT SERVICE'S EZ Initiated Task lCompleted Application received into Trak-it S Application sent to Manager for assignment Project description confirmed by planner Application Materials Scanned Set-up in G: drive, Harvest, Laserfiche, greenfile NEIC transmittal mailed (� HCP_NCCP interim review transmittal mailed IDR --Inter Department Review meeting held 30-day (In)Complete Letter sent to applicant Initial Study/ MND, prepared & reviewed Check fees available/anticipated prior to hearing :]Mailing List & CEQA notice, prepared & reviewed Applicant signs IS/MND, agreeing to mitigation Notice for CEQA& FPO emailed to.newspaper Notice of Completion mailed to OPR, 15 copies CEQA notice mailed to neighbors Draft Conditions reviewed by other departments Draft Conditions sent to applicant Agenda Report for PC or ZA, prepared & reviewed Manager decides whether to ask for Counsel review Project Hearing notice prepared & reviewed Project Hearing Notice & FPO mailed to newspaper Vicinity and GP/Zoning Maps Prepared Powerpoint presentation Prepared Hearing before PC or ZA Final Reso to Kim McMillan 10-day appeal period closes Notice of Determination, Fees Due, ATRs to Clerk Recorder Close-out in Trak-it; greenfile, Harvest Post Signed reso, final conditions, NOD, etc. to laserfiche Hearing Approval/Action Letter sent to Applicant Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buffecounty.net/dds www.buttegenerall2lan.net ADMINISTRATION " BUILDING ` PLANNING June 11, 2013 Robin Flores and Mark Medearis Creek Haven Vineyard Estate 2915 Kennedy Ave Chico, CA 95973 Subject: Incomplete Application Items for Creek Haven Vineyard Estate - Conditional Use Permit UP13-0005; APN 042-100-069 Dear Robin and Mark: This letter outlines items required and requested to process the above -referenced Conditional Use Permit application, so that decision -makers have necessary information to take action on the application at the August 22, 2013 Planning Commission meeting (tentative), as discussed. The items necessary for your application's completeness were identified at a May 29, 2013 meeting with County Departments regarding the UP13-0005 application and at the May 13, 2013 submittal of your application. Also attached is a draft timeline listing deadlines and tasks for consideration of the Conditional Use Permit application by the Planning Commission at their August 22, 2013 meeting. The schedule depends upon your active participation, the consultants that you will need to retain, and County staff in order to achieve the deadlines/milestones specified. Required Materials and Information 1. Scaled site plan. The aerial photo with identified facilities from your website is a good start for/of a site plan. Please submit a scaled site plan that shows: all buildings and fencing on site; location of the proposed farmstand and parking for the farmstand; each location where event activities are proposed to occur; the location(s) where amplified music may occur; leach lines for the event bathrooms; internal circulation through the site; disabled access parking; and disabled access (through the parking areas and event site). 14. 2. Application fees of $2,951.25. As discussed at time of application; the fee for submitting a use permit application is $6,139.29. When the number of proposed events changed from 12 to 20, the application required by Butte County Code went from a Minor Use Permit typically heard by the Zoning Administrator to a Conditional Use Permit heard by the Planning Commission. This requires a larger initial application fee. Application fees will be applied to the costs associated with processing your project. Additional processing costs may also apply in the future, as needed to reimburse the county for actual costs for processing your project. As noted in Director Tim Snellings' May 31St letter that "[u]se Permits are processed on an 'at cost' basis, meaning that we charge you for the time we spend processing your application. With the level of controversy that we are encountering with your project, we estimate that your costs may be an additional $10,000 to $20,000 to process your project to completion." 3. Traffic Study. Based on the configuration of existing roadways near the proposed event facility; the County's Public Works Department is requesting that a traffic study be prepared to assess safety and capacity concerns with event -related traffic. The retention of a qualified traffic consultant is a time critical task to completion of the CEQA document for this project and meeting the schedule for the August 22, 2013 Planning Commission meeting. Requested Materials and Information Facts in Support of Findings. As noted in Director Tim Snelling's May 31 letter, Butte County Code Section 24-222 requires the Planning Commission to make findings in order to approve your project. You may submit facts to support the making of those findings, especially those relative to the design and operation of your event venue. In particular, please assist us by identifying relevant facts in support of the following findings for your project (excerpted from Butte County Code): 24-222 Findings B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. This information is requested to process your project in compliance with CEQA and Butte County Code and to give your application its best chance for approval at the Planning Commission and Board of Supervisors, if appealed. look forward to working with you to take your project to hearing. If you have any questions, please do not hesitate to contact me at (530) 538-6573 or siolliffeCaD-buttecounty.net Sincerely, Stacey Jolliffe Principal Planner cc: Tim Snellings, Director Chuck Thistlethwaite, Planning Manager Attachment: Draft Timeline for Completion of Conditional Use Permit UP13-0005 Creek Haven Vineyard Page 2 of 2 0 1 0 Draft Timeline for Completion of Conditional Use Permit UP13-0005 Creek Haven Vineyard Deadline/Milestone Task Responsible ASAP Applicant contracts with traffic consultant. Stacey Jolliffe and Applicants (Staff assistance: Tom Fossum review and approve proposed scope of work. Stacey/Tom) ASAP Applicant provides scaled site plan of event -related facilities Applicants (Staff assistance: and related fees (see incomplete letter dated June 11, 2013) Stacey) ASAP Begin preparation of Draft IS/MND. Stacey June 24, 2013 Review Traffic Study and include results to complete Draft IS/ Stacey/Tom MND. July 1, 2013 Planning Manager Chuck Thistlethwaite reviews/signs Draft Chuck IS/MND. July 3, 2013 Applicant reviews and signs Draft IS/MND. Applicants (Staff assistance: Stacey) July 5, 2013 Notice of Availability of Draft IS/MND sent to paper Stacey July 10, 2013 Release of Draft IS/MND for 30 -day agency and public Stacey review. July 25, 2013 Planning Commission consideration and recommendation on Dan Breedon amendments to BCC §24-175 and associated CEQA review August 1, 2013 Staff submits Agenda report to Assistant County Counsel Felix Stacey/Felix Wannenmacher for 10 -day review of Draft Agenda Report. August 9, 2013 End of 30 -day review of Draft IS/MND. Incorporate Stacey/Felix public/agency comments and responses into final staff report and conditions. Incorporate comments/corrections from County Counsel review. August 13, 2013 Planning Manager reviews and finals PDF of Agenda Report to Chuck Planning Commission. August 14, 2013 Agenda Packet Posted and Distributed to Planning Stacey/Kim McMillan Commission. August 22, 2013 Planning Commission Hearing. Stacey August 27, 2013 Board of Supervisors hearing to consider adoption of Tim/Dan amendments to BCC §24-175. September 3, 2013 10 -day (plus weekend and Labor Day holiday) appeal period Stacey for UP13-0005 ends at 5:00 p.m. September 28, 2013 Effective date of amendments to BCC §24-175 adopted on 8/27/13. Bold = Key public milestone. Italic= Related Code Amendment Task �i y iAArr� r CA JMX ar 1 N t r � i l L I See inset for Site Plan i Ali r- - r -2r i Creek Haven Vineyard Estate 2915 Kennedy Ave. APV 042-100-069 Project Description Robin Flores and Mark Medearis doing business as Creek Haven Vineyard Estate located at 2915 Kennedy Avenue, Chico, CA ( cross street is Muir Ave.) propose to conduct an agricultural based business as a self -pick grape vineyard offering 6 types of seedless table grapes to the general public. Grape season runs from late July through October. A grape Farm Stand will be placed along Kennedy Ave at a later date. Also, under Butte County's Supplemental Use Regulation 24-175 (Winery, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -Distillery Production Facilities) the�facility owners will offer the vineyard for private weddings from May through October • Site: The property is approximately 6.67 acres with two residences. There are over 800 grapevines which, wrap around an acre of lawn area and a % acre Koi pond. • Parking: All parking will be on-site. No on street parking will be allowed. There is over acre dedicated to on-site parking. This area will easily park 85 cars. During wedding events there will be 3 hired parking attendants to guide and insure safe and easy access to and from the facility. • Noise: This facility will generate no substantial noise. Music from wedding events will start around the 6 pm hour and will be turned off no later than 9:45 pm. Last dance will be called at 9:30'pm. Music noise levels will be closely monitored by the owners of the facility. • Dust: Activities at this site should not produce any fugitive dust that will be a nuisance to attendees or area residences. Parking area will have wood fiber on the ground rather than gravel or road base which can be dusty. • Lighting: All lighting on and around the facility will be adequate for public health, safety ,d and welfare. All lights within 50 feet of any neighboring property structures will have light guards or night -sky protection. Light trespass on adjacent parcels will meet the county's specifications. • Drainage: There are no drainage issues with this site, especially during the time the facility will be open to the public. May through October. BUTTE ' COUNTY MAY 13 2013 DEVELOPMENT SERVICES • Fire Protection: The site will have adequate fire extinguishers as prescribed by county code. This site is located less than 2 minutes from a Butte County Fire Sub -Station located on Highway 32. • Sanitation: The facility offers a total of 6 restrooms to the visiting guest: 2 of the 6 are ADA compliant. Summary: This location will offer u -pick fresh grapes from late July through October. Private weddings from May to October. This type of facility fits in very well with Butte County's General Plan to promote Agri -tourism and should be little to no effect on neighboring properties. This parcel is zoned Ag -40. *BUTTE COUNTY REC'T o*RECEIPT NUMBER PREFIXES* .. B/P = Development Services - Building/Planning Division (530)538-7601 .EH = Environmental Health (530)538-7281 DPW = Public Works Department p (530)538-7681 c0V N.��l Receipt Number: P2443 Date Paid: 5/13/2013 Paid By: Project Number: Site Apn: Description: CREEK HAVEN VINEYARD Received By: STL UP13-0005 Pay Method: CHECK 109 042-100-069 WEDDING FACILITY AT GRAPE UPICK - 20 /YR Site Address: 2915 KENNEDY AVE CHICO, CA 95926 Applicant: MEDEARIS, MARK Printed: 5/13/2013 10:33 am Fee Description Account Number Fee Amount DP CONDITIONAL USE PERMIT -PC MIN. FEE 13 0010-440001-4210900-101001 DP GENERAL PLAN MAINT FEE FLAT/MIN 13 0010-440001-4610311-10113311 DP PUBLISHING/LEGAL NOTICES RETAINER 13 0010-0-204402-101001 DP TECHNOLOGY INVSTMNT FEE FLAT/MIN 13 0010-440001-4610312-101001 DPAG PLANNING APPLICATION REVIEW 09 0010-460001-4612200-101001 DPLDRF USE PERMIT 09 0010-440004-4611700-101001 $2,608.00 $117.36 $96.35 $26.08 $96.25 $244.00 Total Fees Paid: $39188.04 1 Ordinance No. 4053 r. 2 3 AN ORDINANCE OF THE COUNTY OF BUTTE 4 ADDING CHAPTER 41A TO THE BUTTE COUNTY CODE 5 RELATING TO NOISE CONTROL 6 7 The Board of Supervisors of the County of Butte ordains as 8 follows: 9 10 SECTION 1. Chapter 41A is hereby added to the Butte County Code 11 to read as follows: 12 13 Chapter 41A J, 14 NOISE CONTROL 15 ARTICLE I. GENERAL PROVISIONS 16 17 41A-1 Title. 18 This chapter shall be ]mown and may be cited as the 19 "NOISE CONTROL ORDINANCE" of Butte County. 20 21 41A-2 Findings. 22 The Butte County Board of Supervisors finds: 23 (a) Excessive, unnecessary or offensive noise within the -24 County is detrimental to the public health, safety, welfare and 25 the peace and quiet of the inhabitants of the County and 26 therefore is declared a nuisance; and 27 (b) Every person in the County is entitled to live in an environment free from e levels; and (c) The establi levels will further the and quiet of County inh 41A-3 Purpose and The purpose complaints of forth by th Nois E: the Noise Cont standards. unnecessary or offensive noise Ont of maximum permissible noise blic health, safety, welfare, peace tants. the Noise Control Ordinance is to assess ed to exceed County standards as set ent o the Butte County General Plan and e and to address violations of these 41A-4 Definitions. The following words, phrases and terms as used in this chapter shall have the following meanings: (a) "Ambient noise level" means the all-encompassing noise level associated with a given environment, being a composite of sounds from all sources, excluding the alleged offensive noise, at the location and approximate time at which a comparison with the alleged offensive noise is to be made. (b) "County" means the unincorporated area of the County of Butte. (c) "Decibel" or "dB" means a unit used to express the relative intensity of a sound as it is heard by the human ear. The lowest volume a normal ear can detect under laboratory conditions is 0 dB, the threshold of human hearing. Since the 2 1 2 3 4 � 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be published once, with the names of the members of the Board of Supervisors voting for and against it, in the Chico Enterprise Records, a newspaper of general circulation published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 26th day of March 2013, by the following vote: AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly NOES: None ABSENT: None NOT VOTING: None ATTEST: Pa am By Bill Connelly, Chai7j of the Butte County Board of Supervisors 41 facer (1) Upon a first conviction, a fine of one hundred dollars ($100.00); (2) upon a second conviction of violating the same chapter of this Code within the twelve (12) month period immediately preceding the commission of the current violation, a fine of two hundred dollars ($200.00); (3) Upon a third conviction of violating the same chapter of this Code within a twelve (12) month period immediately preceding the commission of the current violation, a fine of five hundred dollars ($500.00). (b) Each Day a Separate Offense. Each and every day or portion thereof that a person violates or continues to violate any such provision of any of such chapters constitutes a separate offense and may be charged and punished separately without awaiting conviction of any prior violation. (c) Misdemeanors. Any violation which may be otherwise charged and punishable as an infraction pursuant to subsection (a) of this section may be charged and punishable as a misdemeanor if the defendant has been convicted of three (3) or more violations of the same chapter of this Code within the twelve (12) month period immediately Section S. severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision shall be deemed severable, and the invalidity thereof shall not M w _ 1 2 3 4 • 5 6 7 8 9 f 10 11 12 13 ref` 14 15 16 17 18 19 20 21 22 23 .24 25 26 27 decibel scale is logarithmic, 10 decibels are ten times more intense and 20 decibels are a hundred times more intense than 1 db. (d) "Emergency work" means the use of any machinery, equipment, vehicle, manpower or other activity in an effort to protect, maintain, provide or restore safe conditions in the community or for citizenry, or work by private or public utilities when restoring utility service. (e) "Impulsive noise" means a noise characterized by sound pressures whose peak levels are very much greater than the ambient noise level, such as might be produced by the impact of a pile driver, punch press or a drop hammer, typically with one second or less duration. (f) "Leq" or "Equivalent Sound Level" means the average of sound energy occurring over a specified period. The Leq is equivalent to the same average acoustical energy.as the time - varying sound that actually occurs during a specified period. (g) "Noise level" means the "A" weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micropascals. A fast meter response shall be used for impulsive noise. The unit of measurement shall be designated as "dBA." (h) "Noise sensitive Area" means the part of the property where noise sensitivity exists. For example, the parking lot of a movie theater or office building is not considered noise sensitive, but the interior areas of the theaters and office are considered noise sensitive. 22 I II 3 Jt W "Non -Urban designations" are the Agriculture (AG), Timber Mountain (TM), Resource Conservation (RC), Foothill Residential (FR), and Rural Residential (RR) General Plan designations. All other General Plan designations are considered "Urban Designations". (j) "Off -Road Vehicles" are vehicles operated in areas other than public roadways or right-of-way. (k) "Person" means a person, firm, association, co- partnership, joint venture, corporation, or any entity, public or private in nature. (1) "Residential property" means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. (m) "Simple tone noise" or "pure tone noise" means a noise characterized by the presence of a predominant frequency or frequencies such as might be produced by whistle, squeal, screech, or hum, for example. (n) "Sound level meter" means an instrument meeting American National Standard Institute (ANSI) Standard 51.4-1971 for Type 2 sound level meters that is calibrated utilizing an acoustical calibrator meeting American National Standards Institute (ANSI) Type 2 standard, performed immediately prior to recording any sound data. Calibration equipment shall be certified annually. (o) "Sound pressure level" means a sound pressure level of a sound, in decibels, as defined in ANSI Standards 51.2-1962 4 ~ 1 violation has then been abated, the code enforcement officer 2 shall issue a citation to the violator. 3 (2) Prior to issuance of a citation, the code 4 enforcement officer shall identify himself or herself as a 5 county code enforcement officer. The code enforcement officer 6 shall then request the alleged violator, and the alleged 7 violator shall be required, to present his or her driver's 8 license or other satisfactory evidence of his or her identity 9 for examination. 10 (3) The citation shall state a time and date and 11 place at which the alleged violator shall appear in court to 12 answer the charges stated in the citation. The appearance date 13 shall be at least ten (10) days after the date of the citation. 14 15 Section 4. Section 41-5 is hereby amended to read as follows: 16 41-5 Violation; penalties. 17 (a) Violations Charged and Punished as Infractions: 18 Notwithstanding any provision of this Code to the contrary in 19 Chapters 10, 11, 13, 14, 19, 238, 24, 26, 26A, 28A, 28B, 31, 20 with the exception of Section 31-63 of Article VII of Chapter 21 31, 32, 33, 37, 41, 41A, and 50, whenever any provision in any 22 of such chapters provides that any act is prohibited or made or 23 declared to be unlawful or a misdemeanor or an infraction, or 24 requires the doing of any act or declares the failure to do any 25 act unlawful or a misdemeanor or an infraction, the violation of 26 such provision may be charged as an infraction punishable by 27 imposition of the following fines: 21 Section 3. Section 41-3 is hereby amended to read as follows: ! 1 and 51.13-1921. It is computed as ten times the logarithm of the 11 41-3 Powers and duties of code enforcement officers. 2 source sound pressure divided by a reference sound pressure. (a) Enforcement Duties: Each code enforcement officer 3 (p) "Zoning' or "Zones" means any of the zones shall have the duty to enforce the provisions of Chapters 10, 4 specified in Part 1, Article 3,,Table 24-11-1, Base Zones of the 11, 13, 14, 19, 23B, 24, 26, 26A, 31, 32, 33, 37, 41, 41A, and 5 Butte County Zoning Ordinance as such zones are presently 50 of this Code. 6 identified therein and as they may be subsequently modified or (b) Right of Entry. Whenever necessary to enforce any of 7 altered. the provisions of said chapters, or whenever a code enforcement 8 officer has reasonable cause to believe that there exists in or 9 ARTICLE II. NOISE REGULATIONS upon any premises any such violation which makes such premises 10 unsafe, dangerous or hazardous, the code enforcement officer may 11 41A-5 General Noise Regulations. enter such premises at all reasonable times to inspect the same `'r 12 Notwithstanding any other provisions of this chapter and or to perform any duty imposed upon the code enforcement officer 13 in addition thereto, it is unlawful for any person to willfully by this chapter; provided, that if such premises be occupied, he "` 14 make or continue or cause to be made or continued any excessive, or she shall first identify himself or herself as a Butte County 15 unnecessary or offensive noise levels, which disturbs the peace Code Enforcement Officer and request entry; and if such premises 16 and quiet of any neighborhood or which causes discomfort or be unoccupied, he or she shall first make a reasonable effort to 17 annoyance to any reasonable person of normal sensitivity locate the violator and request entry. If such entry is refused, 18 residing in the area. the code enforcement officer shall have recourse to every remedy 19 The standards which shall be considered in determining provided by law to secure entry. 20 whether a violation of the provisions of this section exists (c) Issuance of Citations. 21 shall include, but not be limited to, the following: (1) Each code enforcement officer is hereby 22 (a) The sound level of the objectionable noise; authorized to issue citations for violations of the provisions 23 (b) The proximity of the noise to residential uses; of the chapters of this Code which they have the duty to 24 (c) The time of day or night the noise occurs; enforce. Upon referral of a matter by the affected department to 25 (d) The duration of the noise and its tonal the appropriate code enforcement officer, the code enforcement 26 informational or musical content; and officer shall contact the alleged violator; and, unless the 27 (e) whether the noise is continuous, recurrent or 20 5 intermittent. 1 (b) Any violation of the provisions of this chapter 2 shall be, and the same is declared to be unlawful and a 43A-6 Noise Level Measurement Generally. 3 nuisance, and the duly constituted authorities of the County (a) Any noise level measurements made pursuant to the 4 shall, upon order of the Board of Supervisors, immediately provisions of this chapter shall be performed using a sound 5 commence actions or proceedings for the abatement or enjoinment level meter as defined herein. 6 thereof in the manner provided by law and shall take such steps (b) The location selected for measuring exterior noise 7 and shall apply to such court or courts as may have jurisdiction levels shall be at a point at least one foot inside the property 8 to grant such relief as will abate such nuisance. line of the affected residential property closest to the noise 9 source or where the noise level is greatest. Where feasible, the 10 Section 2. Section 41-1 is hereby amended to read as follows: microphone shall be at a height of five feet above ground level 11 41-1 Purpose. and shall be at least four feet from walls or similar reflecting 12 The following policies and procedures are adopted to surfaces. In the case of interior noise measurements, the 13 implement a program of enforcement of Butte County's zoning, windows shall be closed and the measurement shall be made at a ''� 14 building, sanitation and other ordinances contained in the point at least four feet from the wall, ceiling or floor nearest 15 following chapters of this Code: Chapter 10, Highways and the affected occupied area. The exact location of the sound 16 Streets; Chapter 11, Junk Dealers, Pawnbrokers and Secondhand measurements shall be at the discretion of the enforcement 17 Dealers; Chapter 13, Grading and Mining; Chapter 14, Motor officer. 18 Vehicles and Traffic; Chapter 19, Sewage Disposal; Chapter 23B, 19 Water Wells; Chapter 24, Zoning; Chapter 26, Buildings; Chapter 41A-7 Exterior Noise Standards. 20 26A, Underground Utility Districts; Chapter 28A, Mobilehome and (a) The following noise standards, unless otherwise 21 Mobilehome Lot Standards; Chapter 28B, State Housing Law specifically indicated in this chapter, shall apply to all noise 22 Requirements; Chapter 31, Solid waste Collection, Management and sensitive exterior areas within Butte County. 23 Recycling; Chapter 32, Naming of Streets and Highways; Numbering 24 Properties and Principal Buildings; Chapter 33, Groundwater 25 Conservation; Chapter 37, Underground Hazardous Substance 26 Storage Facilities; Chapter 41A, Noise Control; and Chapter 50, 27 Stormwater Ordinance. 6 1 11 19 41-2, Enforcement Procedures. It is unlawful for any person to refuse to cooperate with or to obstruct any governmental agent, officer or employee in determining the noise level or the ambient noise level. Such cooperation shall include, but is not limited to, the shutting off or quieting of any noise source so that an ambient noise level can be measured or alternatively the turning on or starting of any noise source that is alleged to exceed standards. 41A-19 Investigation Cost Recovery. If the Department of Development Services has reason to believe a violation has occurred and the violation is not corrected through the written notice process, any costs incurred in pursuing the subsequent enforcement process may be recovered from the violator. If the Department of Development Services does not have reason to believe a violation has occurred, the cost of the first investigation shall be borne by the County. Any costs incurred in investigating subsequent complaints that are determined not to be a violation shall be borne by the complainant. 41A-20 Other Remedies. (a) Provisions of this chapter are to be construed as an added remedy of abatement of the nuisance declared and not in conflict or derogation of any other action, proceedings or remedies provided by law. 18 S ag alb •� 1 I 2 Daytime Evening Nighttime 1 3 (7 a. m. to 7 (7 p.m. to 10 (10 P.M. to 7 4 p.m.) p.m.) a.m.) I 5 Designation 6 Noise Level Non- Non- Non - 7 Descriptor Urban Urban Urban Urban Urban Urban I 8 Hourly Average 55 50 50 45 45 40 I I ' 9 (L¢) f 10 Maximum (1..) 70 60 60 55 55 50 11 12 (b) It is unlawful for any person at any location within 13 the County to create any noise which causes the noise levels on 14 an affected property, when measured in the designated exterior 15 location, to exceed the noise standards specified above. 16 (c)' Each-of`the noise limits -specified -in subdivision r r. 17 (a)—of-this section shall bereduced by five.dBA for recurring 1 8 impulsive noise, simple or pure tone noise, or for noises. I consisting of speech_or'musicA (d) Noise level standards, which are up to 5 dBA less II t 21 than those specified above, based upon determination of existing I22 low ambient noise levels in the vicinity of the project site may 23 be imposed. 24 (e) In urban areas, the exterior noise level standard 25 shall be applied to the property line of the receiving property. 26..^ _.. In non -urban areas, the exterior noise level standard shall be 27 applied'at a point 100 feet away from the residence or at the 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 property line if the residence is closer than 100 feet. The above standards shall be measured only on property containing a noise sensitive land use. 41A-8 Interior Noise Standards. (a) The following noise standards, unless otherwise specifically indicated in this chapter, shall apply to all noise sensitive interior areas within Butte County. Noise Level (7 a.m. to 7 (7 p.m. to 10 (10 p.m. to 7 Descriptor p.m.) p.m.) a.m.) surly Average 45 40 35 (Lea) aximum (Lmax) 60 55 50 f (b) It is unlawful for any person at any location within the County to create any noise which causes the noise levels on an affected property, when measured in the designated interior noise sensitive area, to exceed the noise standards specified above. (c) Each of the noise limits specified in subdivision (a) of this section shall be reduced by five dBA for recurring impulsive noise, simple or pure tone noise, or for noises consisting of speech or music. 41A-9 Exemptions. The following activities shall be exempted from the provisions of this chapter: 8 1 or reverse the decisions of the Zoning Administrator and 2 Planning Commission. In deciding the appeal, the Board of 3 Supervisors shall evaluate the Exemption Request using the 4 criteria set forth in section 41A-16 (d) & (e). The Board of 5 Supervisors shall make its decision de novo, but may also direct 6 the Zoning Administrator or Planning Commission to conduct 7 further proceedings on said application. 8 9 41A-18 Violation. 10 To determine whether there is a violation of this 11 chapter, the County must receive a complaint. The County will 12 review the complaint in accordance with Butte County Code 13 Chapter 41, Code Enforcement, and may investigate and assess 14 whether the alleged noise levels exceed the noise standards set 15 forth in this chapter. If the Department of Development Services 16 has reason to believe that any provision(s) of this chapter has 17 been violated, it shall cause written notice to be served upon 18 the alleged violator. Such notice shall specify the provision(s) 19 of this chapter alleged to have been violated and the facts 20 alleged to constitute a violation, including dBA readings noted 21 and the time and place of their detection, and shall include an ' r 22 order that corrective action be taken within a specified time. 23 If corrective action is not taken within such specified time or 24 any extension thereof approved by the Department of Development 25 Services, the Department shall commence the enforcement process 26 specified in chapter 41. Upon conviction, the violation shall 27 constitute an infraction, pursuant to Butte County Code Section 17 I 41A-17 Appeals. (a) within ten days following the decision of the Zoning Administrator on an application for an Exemption Request, any person, including the Director of Development Services, may appeal the decision to the Planning Commission. Within ten days following the decision of the Planning Commission on an application for an Exemption Request, any person, including the Director of Development Services, may appeal the decision to the Board of Supervisors. All appeals shall be filed and processed in accordance with Butte County Code Section 24-267, Filing and Processing of Appeals. (b) Within ten days following receipt of a notice of appeal following the decision of the Planning Commission, the Development Services Department shall forward to the Board of Supervisors copies of the application for an Exemption Request and all papers and exhibits concerning said application received by the Zoning Administrator and Planning Commission and their decisions thereon. Any person may file with the Board of Supervisors written arguments in favor of or against said decisions. (c) The Clerk of the Board of Supervisors shall give notice of the date set for hearing of the appeal in the same manner as was done for the initial public hearing. The notice shall be mailed and/or published at least ten days prior to the hearing date. (d) within thirty days following conduct of the hearing before the Board of Supervisors, the Board shall affirm, modify � 1 2 3 4 6 1 7 I 8 19 i 10 11 i I 12 13 14 15 16 17 18 F 19 20 21 22 q 23 24 25 26 27 (a) School bands, school athletic and school entertainment events between the hours of 7 a.m. to 10 p.m.; --'(b) Temporary activities such as Outdoor gatherings, public -dances, shows and sporting and entertainment events, provided said events are conducted pursuant to a license or permit by the County, between the hours of 7 a.m. to 10 P.M. unless otherwise set-fort.4 in the license or permit; (c) Uses permitted in the Sports and Entertainment (SE) zone and Recreation Commercial Overlay (-REC) zone between the hours of 7 a.m. to 10 p.m.; (d) Activities conducted on parks, public playgrounds and school grounds, provided such parks, playgrounds and school grounds are owned and operated by a public entity or private school between the hours of 7 a.m. to 10 p.m.; (e) Any mechanical device, apparatus or equipment related to or connected with emergency activities or emergency work; (f) Noise sources associated with construction, repair, remodeling, demolition, paving or grading of any real property or public works project located within 1,000 feet of residential uses, provided said activities do not take place between the following hours: • Sunset to sunrise on weekdays and non -holidays; • Friday commencing at 6:00 p.m. through and including 8:00 a.m. on Saturday, as well as not before 8:00 a.m. on holidays; • Saturday commencing at 6:00 p.m. through and including 10:00 a.m. on Sunday; and, 16 1 11 9 • Sunday after the hour of 6:00 p.m. 1 the Zoning Administrator or Planning Commission may deem Provided, however, when an unforeseen or unavoidable condition 2 necessary to achieve maximum compliance with the provisions of occurs during a construction project and the nature of the 3 this chapter. Such terms, conditions and requirements may project necessitates that work in process be continued until a 4 include, but shall not be limited to, limitations on noise specific phase is completed, the contractor or owner shall be 5 levels and operating hours. allowed to continue work into the hours delineated above and to 6 (d) Each Exemption Request shall set forth the approved operate machinery and equipment necessary to complete the 7 method of achieving maximum compliance and a time schedule for specific work in progress until that specific work can be 8 its accomplishment. The Zoning Administrator or Planning brought to conclusion under conditions which will not jeopardize 9 Commission shall consider the magnitude of nuisance caused by inspection acceptance or create undue financial hardships for 10 the offensive noise, the uses of property within the area the contractor or owner; 11 affected by the noise, the time factors related to study, (g) Noise sources associated with agricultural and 12 design, financing and construction of remedial work, the timber management operations in zones permitting agricultural 13 economic factors related to age and useful life of equipment, and timber management uses; 14 and the general public interest and welfare. (h) All mechanical devices, apparatus or equipment which 15 (e) In deciding whether to grant an Exemption Request, are utilized for the protection or salvage of agricultural crops 16 the Zoning Administrator or Planning Commission shall consider during periods of adverse weather conditions or when the use of 17 all facts relating to whether strict compliance with the mobile noise sources is necessary for pest control; 18 requirement of this chapter will cause practical difficulties, (i) Noise sources associated with maintenance of 19 unnecessary hardship or unreasonable expense and any other residential area property, provided said activities take place 20 relevant considerations. between 7:00 a.m. to sunset on any day except Saturday, Sunday, 21 (f) The Zoning Administrator or Planning Commission or a holiday, or between the hours of 9:00 a.m. and 5:00 p.m. on 22 shall render a decision within thirty days of completion of the Saturday, Sunday, or a holiday; and, provided machinery is 23 hearing. The decision of the Zoning Administrator or Planning fitted with correctly functioning sound suppression equipment; 24 Commission shall be transmitted to the applicant and to the (j) Any activity, to the extent provisions of Chapter 65 25 Director of Development Services. of Title 42 of the United States Code, and Articles 3 and 3.5 of 26 Chapter 4 of Division 9 of the Public Utilities Code of the 27 10 15 I I i 41A-16 Exemption Request. (a) The owner or operator of a noise source which violates any of the provisions of this chapter may file an application with the Director of Development Services for an ; Exemption Request from the provisions thereof. The application shall set forth all actions taken to comply with this chapter, the reasons why immediate compliance cannot be achieved, a 1 proposed method for achieving compliance, and a proposed time . I schedule for its accomplishment. Said application shall be accompanied by a fee as set forth in the Butte County Master Fee Schedule. A separate application shall be filed for each noise source; provided, however, that several mobile sources under common ownership or several fixed sources on a single property may be combined into one application. Upon receipt of said application and fee, the Director of Development Services shall refer the application within ten days to the Zoning i Administrator. (b) Upon receipt of an application for an Exemption ! Request, the Zoning Administrator shall schedule a public hearing, to be conducted within sixty days of receipt of the application. i (c) The Zoning Administrator may deny the application j i for an Exemption Request, may grant an Exemption Request, or may refer any Exemption Request to the Planning Commission for review. An Exemption Request may be for a limited period and may be subject to any other terms, conditions and requirements as 14 1 State of California preempt local control of noise regulations 2 and land use regulations related to noise control of airports 3 and their surrounding geographical areas, any noise source 4 associated with the construction, development, manufacture, 5 maintenance, testing or operation of any aircraft engine, or of 6 any weapons system or subsystems which are owned, operated or 7 under the jurisdiction of the United States, or any other 8 activity to the extent regulation thereof has been preempted by 9 state or federal law or regulation; 10 (k) Any noise sources associated with the maintenance 11 and operation of aircraft or airports which are owned or 12 operated by the United States; 13 (1) Private recreational activities (including off-road 14 vehicle operation and gunfire occurring while hunting or target 15 practice consistent with all State laws on private property) 16 taking place during daytime hours (9:00 am to sunset) that does 17 not exceed an Leq of 65 dBA when measured at any point on the 18 property line over any thirty minute period. 19 20 41A-10 schools, Hospitals and Religious Facilities. 21 it is unlawful for any person to create any noise which 22 causes the noise level at any school, hospital or religious 23 facility, while the same is in use, to exceed the noise 24 standards specified in this chapter or to create any noise which 25 unreasonably interferes with the use of such institution or 26 unreasonably disturbs or annoys patients in the hospital. 27 /// 111 41A-11 Off -Road Vehicles. 1 Management and Recycling). It is unlawful for any person to operate any 2 recreational off-road vehicle within the County in such a manner 3 ARTICLE III. ADMINISTRATION AND ENFORCEMENT that the noise level exceeds the noise standards specified above 4 at either interior or exterior spaces of noise sensitive areas, 5 43A-14 Administration. or as specified under Exemptions above. All vehicles must have 6 The administration of this chapter is vested in the a USDA Forest Service approved, or manufacturer certified, spark 7 Butte County Department of Development Services Director. The arrestor. 8 Director shall be responsible for: 9 (a) Employing individuals trained in acoustical 41A-12 Barking Dogs. 10 engineering or an equivalent field to assist in the Butte County Animal Control handles complaints 11 administration of this chapter; concerning barking dogs as set forth in Butte County Code 12 (b) Training field inspectors; Chapter 4, Animals, Article IA, Barking Dogs, which addresses 13 (c) Procuring measuring instruments and training the abatement of barking dog complaints within the - 14 inspectors in their calibration and operation; unincorporated areas within the Spheres of Influence of 15 (d) Conducting a public education program in all aspects incorporated cities. Sections 4-1.1, Nuisances—Prohibited, and 16 of noise control; 4-1.2, Same—Defined, prohibit allowing a dog to commit a 17 (e) Coordinating the noise control program with other nuisance in the remaining unincorporated areas, where nuisance 18 governmental agencies. is defined in 4-1.2(e) as "Creating a disturbance in a 19 neighborhood by howling, barking or making unusual noises." 20 41A-15 Noise Control Program—Recommendations. 21 One year following adoption of this noise ordinance, and 4LA-13 Waste Disposal Vehicles. 22 every three years thereafter, the Director of Development No collection activities shall take place within 500 23 Services shall evaluate the effectiveness of the noise control feet of an area zoned for residential use earlier than 5:30 a.m. 24 program in Butte County and hold a workshop with the Planning or later than 8:00 p.m., or on Sundays or holidays, except in 25 Commission to review staff's findings. The Planning Commission emergencies or with the approval of the Local Enforcement Agency 26 shall make recommendations to the Board of Supervisors for any (Butte County Code Chapter 31, Solid Waste Collection, 27 needed improvements. qo • Y S 1, ell 10, 14 f*+" J - LOW t.W .�...a�• Y f. 11 '.'.� �3 1� 1 n••i� �'l.� � ,9. Olt- Y � _ s- • � �� �� t,, 4 � fit' �# •J �, ,f, . �� a ab l It p- . � S., '.'��fi _ _. • a • _ •�A :� y rry�,�. 11-=..� r � p�'��` , 'wa,i�~•y� ^� ,� �- -5[ ,�.: � ` ,wy-, 7� •i: '��� � - - h� it nP�+ �'9.. �, " rc={ 4 Ali 719 ii,'� x'34 syx s � NIL FS l� Al ��: � ff:. Jf r, ^. .• r sir _ ,i� .3 �Irf1'b i.. ^..� • F ..-y ry- � - p"r, ..-y .y .',"< - -. _:. llt .� 1. s�.-• 5 iii , � _J ''� ��r i' '3. !' � ..:{ Creek Haven vineyard Estate 2915 Kennedy Ave. Site Plan UP13-0005 Invoice 71 — Butte County Dept of Development Services — Harvest Invoice Number 71 Project Number UP13-0005 Issue Date 07/11/2013 Due Date 08/10/2013 (Net 30) Subject 04/01/2013 - 06/30/2013 Project Billable Hours Type Description .......................................................................................................................................................... RET-PYMT [Stacey Jolliffe] UP13-0005; (04/01/2013 - 06/30/2013) ................................. A ....................................................................................................................... RET-PYMT [Stacey Jolliffe] UP13-0005: Project Management (04/01/2013 - 06/30/2013) ................................. ....................................................................................................................... Clerk's Filing Recording Fee-Clerk/Recorder Fee ................................. ....................................................................................................................... 15LNG Fish & Wildlife -Negative Dec RET-PLNG . EH Use Permit RET -PURL Publishing/Legal Notices Retainer ................................................................................................. Page I of 1 INVOICE From Butte County Dept of Development Services 7 County Center Drive Oroville, CA 95965 Invoice For Flores, Robin .2 (7 Quantity ................................. Unit Price .................................... ....................................... Amount 11.75 $163.00 $1,916.25 ........................... 2.17 ................................................................ ..................................... ....................................... ....................................... $0.00 1.00 $50.00 $50.00 ........................... 1.00 ..................................... ....................................... $2,156.25 $2,166.16 ........................... 1.00 ........................... ..................................... ....................................... $631.00 $631.00 1.00 ................................ ..................................... ....................................... $66.65 ..................................... ....................................... $66.66 Subtotal $4,819.15 Retainer Payments -$2,704.35 Amount Due $2,114.80 Notes Charges above reflect money owed at time of submission due to other departments. The initial intake of fees did not include these fees. https://buttedds.harvestapp.com/invoices/3072822 7/11/2013 Invoice 71 — Butte County Dept of Development Services — Harvest Page I of I INVOICE From Butte County Dept of Development Services 7 County Center Drive Oroville, CA 95965 Invoice Number 71 Invoice FoF7 Flores, Robin Project Number UP13-0005 Issue Date 07/11/2013 Due Date 07/11/2013 (upon receipt) Subject 04/01/2013 - 06/30/2013 Project Billable Hours Type ......................................................................................................................................................................................... Description Quantity Unit Price .................................... ...................................... Arnoubt RET-PYMT [Stacey Jolliffe] UP13-0005: #A Intake & Early Consultation 0.50 $163.00 $81.50 ................................. ............................................................................................................................. (04/01/2013 - 06/30/2013) ........................... ..................................... RET-PYMT [Stacey Jolliffe] UP13-0005: #13 Processing Application ...................................... 7.67 $163.00 $1,250.21 ................................. ................................................................................................. (04/01/2013 - 06/30/2013) RET-PYMT ........................... [Stacey Jolliffe] UP13-0005: #C CEQA Document Preparation ............................... ................................. ..................................... 3.25 $163.00 1 $629.75 ................................. ................................................................................... (04/01/2013 - 06/30/2013) I .................................... ... ........................... RET-PYMT - [Stacey Jolliffe] UP1 3-0005: #D Public& Agency Review ..................................... ..................................... 0.33 $163.00 $63.79 (04/01/2013 - 06/30/2013) ................................. .............................................................................................. ............................. ................. I ......... ...... . ... ............... : ....... RET-PYMT [Stacey Jolliffe] UP13-0005: Project Management (04/01/2013 - 2.17 $0.00 0.00 ...................................................................................................................................................................................................................................................................... 06/30/2013) Subtotal $1,915.25 Retainer Payments -$1,915.25 Amount Due $0.00 https://buttedds.harvestapp.com/invoices/3072822 7/11/2013 Jolliffe, Stacey ' From: Mark Medearis <MMedea ris@AWF.com> Sent: t Friday, July 12, 2013 2:48 PM To: Jolliffe, Stacey Cc: Subject: Those numbers are good for us. I 'Robin' RE: Project Description creekhaven.docx From: Jolliffe, Stacey [mailto:SJolliffe(? buttecounty.net] Sent: Friday, July 12, 2013 2:44 PM To: Paul Bollard; Mark Medearis; R F (robinz�lc@yahoo.com) Cc: Thistlethwaite, Charles; Snellings, Tim Subject: RE: Project Description creekhaven.docx Hello Robin, Mark, and Paul: I've found a half hour that I think works for everyone -3:00 to 3:30 pm on Monday 7/15—for the conference call to discuss a Noise Studv. project dgsc n and his team was working on the proposal when I called his office this afternoon.) Are these numbers we will co�prence in? Paul -Office (916) 663-0500 Robin —Cell 530-521-97.74 Mark — Cell 530-218-3075 La +o 2a Please confirm this works for you all.. I look forward to a fruitful discussion.69 Stacey Jolliffe Principal Planner Butte County Dept of Development Services(- 7County Center Drive Orovllle, CA 95965 r (530) 538-6573 direct :(530) 538-7785 fax (530) 538-5359 planning counter Email: siolliffe@buttecountv.net Website: www.buttecdunty.net/dds DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto. From: Mark Medearis [mailto:MMedea ris(MWF.com] Sent: Thursday, July 11, 2013 4:02 PM To: Jolliffe, Stacey Cc: 'Robin' Subject: Project Description creekhaven.docx Here you go Stacey.... sorry I'm late with this. let me know if you need anything else. We will not be going forward with end of life celebrations Jolliffe, Stacey Subject: discussion with Paul Bollard about Creek Haven Estates Wedding Venue on Kennedy ` Ave Location: Conference call in Tim's Office Start: Mon 7/15/2013 10:00 AM End: Mon 7/15/2013 11:00 AM Recurrence: (none) F Meeting Status: ; Meeting organizer Organizer: Jolliffe, Stacey Required Attendees: I Snellings, Tim; Thistlethwaite, Charles I Mark and Robin have revised their project for • Less wedding events (6 or less from April through October) and • Less guest (no more than 150 guests). • Slightly expanded hours of operation for the weddings Friday from 4 pm to 9 pm, Saturday from 9 am to 10:30 pm. (45 minutes,later than the first proposal), and Sunday from 9 am to 12 noon. • No other special events are part of the use permit requested. They aren't moving forward with the end of life ceremonies. Paul Bollard and this team are preparing a proposal, and he wanted to speak with Butte County before the call to the applicants. I hope this will only require %2 hour. Call to Mark and Robin will be scheduled later in the afternoon. I Jolliffe, Stacey i From: i Snellings, Tim Sent: Monday, July 15, 2013 10:53 AM To: f Jolliffe, Stacey; Thistlethwaite, Charles; Lewellen, Diane; Calarco, Pete Subject: RE: FloresUP13_0005AdditionalCost Estimate07_12_2013.exl.xls How much does the'no.effect' determination save? Only $20? See spreadsheet i Rather than prepare an invoice, I'd suggest we review this email of information with them and get a read on whether or not they are going to proceed... I11111191i1 From: Jolliffe, Stacey Sent: Friday, July 12, 2013 3:59 PM To: Thistlethwaite, Charles; Lewellen, Diane Cc: Snellings, Tim i Subject: FloresUP13_0005AdditionalCost Estimate07_12_2013.exl.xls Attached is the cost estimate for hours needed to complete the Flores Use Permit through Planning Commission approval. After whittling hours and tasks away to the degree I thought possible, (I can name that tune), I mean I think I can complete the project in 32 hours. After your review and edits, would you please ask admin can prepare an invoice for the Monday 3:00 conference call with Robin and Mark? Applicant still owes County $3,131.90 on the initial application, much of this is due to the other agencies or tasks, as shown in Trak -it. But I think we can pursue a No Effect Determination with CA Fish & Wildlife so as to transfer $2,156.25 of the $3,131.90 still owed to DDS. At $163/hr rate, the 32 hours would cost $5,216. Less $2,156.25, DDS requires $3,059.75 more to fund the 32 hours. Mark and Robin would owe County $3,131.90 on the initial application plus an additional $3,059.75, or $6,191.65, plus Noise and Traffic studies. Since some of the 3? additional hours would be billed at $172 ill ne d t e invoice to get a more accurate estimate. For discussion purposes, my best estimate is less $6500 ad ' ional out of pocket expenses from . applicants to the County, plus noise and traffic studies. — Jolliffe, Stacey From: Mark Medearis <MMedearis@AWF.com> Sent: Thursday, May 30, 2013 3:48 PM To: Snellings, Tim; Wahl, Larry; 'cthistle@buttecounty.net'; Jolliffe, Stacey; Calarco, Pete Cc: 'Robin' Subject: RE: Follow up to Tuesday's meeting Robin and I have had a chance to reflect on the meeting. More of a public lynching than a meeting. You are all very much appreciated and we will fight to the end with you. I would like to bring up some points so you are not surprised in anyway and completely understand where Robin and I stand. • We don't agree with the term neighborhood. It is an AG based business district (our opinion). Most folks in this area are using their land to make money. When you sign off to live in an AG area you agree there is an understanding that noise and dust along with chemical sprays are present. Would that not apply to us too, in some manner ..... We know the music is a bit different.... but dust is dust. • We don't believe there are issues with traffic, dust, nitrates or even oleanders. The issue with this very vocal and rude crowd is simply the "not in my back yard" mentality. If it were based on real issues the county has good history and perspective to draw from by just looking at the other venues. The roads for example by other venues are the same as we have in regards to their level of service. Do they have problems ... not many to any from my research. Have you had dust complaints from all the other venues, I'm guessing no. With the 10 to 15 years of experience the county has pertaining to all the other venues it is our belief you have all the data needed to make a decision. • Extra charges: We do expect and believe you will try your best to hold charges down and be economical with your decision on spending. I must make clear, however we do not have any extra money. Everything has gone into a wi nee time off any extra charges. • The dates of events be e C meeting are: June 2nd, 8th, ,15`", 22 9th , July 20th and August 17th. Other date or this year are September 7th, 21St, 22"a 28th October `hand the 12th. For next year 2014 d s are May 24`h, 315`, July�19th, August 9th, September 20th an October 4th. We agree to not add a events before the PC meeting. • We will m nage our venue with the upmost professio am a senior VP with a private company. I manage thre is in two st Robin and I both understand management and business very well and will run our venue accordingly. • We will tell all potential customers we are a low volume music wedding venue. "if you wish to have loud music, we are not the site for you" kind of statement. • We request.your office give us your plan on how you propose to deal with the other venues that are not permitted e.g., the Palms, White Ranch, TJ Farms, Skylake Gardens etc. Not sure where Centerville Estates is in the permitting process. • We believe our propose project is very consistent with the new PLAN that wishes to promote AG tourism. We have booked two weddings that would directly relate to this. 1) The couple is from Redding and were looking for the Napa feel and chose our location because of the grapes and the location which is obviously closer than Napa. 2) Another couple had been looking and found nothing to their liking and were looking to leave the area to have their wedding in Tahoe. They visited our site and it filled their needs. I'm sure each site can tell similar stores. • It may be prudent for the county to call the Sheriff's dept. to inform them of our event this Sunday, as you surely know the people that attended the meeting last Tuesday will be burning up the phone lines to complain about us. d u / u Jolliffe, Stacey From: Mark Medearis <MMedearis@AWF.com> Sent: Thursday, May 30, 2013 3:48 PM To: Snellings, Tim; Wahl, Larry; 'cthistle@buttecounty.net'; Jolliffe, Stacey; Calarco, Pete Cc: 'Robin' Subject: RE: Follow up to Tuesday's meeting Robin and I have had a chance to reflect on the meeting. More of a public lynching than a meeting. You are all very much appreciated and we will fight to the end with you. I would like to bring up some points so you are not surprised in anyway and completely understand where Robin and I stand. • We don't agree with the term neighborhood. It is an AG based business district (our opinion). Most folks in this area are using their land to make money. When you sign off to live in an AG area you agree there is an understanding that noise and dust along with chemical sprays are present. Would that not apply to us too, in some manner ..... We know the music is a bit different.... but dust is dust. • We don't believe there are issues with traffic, dust, nitrates or even oleanders. The issue with this very vocal and rude crowd is simply the "not in my back yard" mentality. If it were based on real issues the county has good history and perspective to draw from by just looking at the other venues. The roads for example by other venues are the same as we have in regards to their level of service. Do they have problems ... not many to any from my research. Have you had dust complaints from all the other venues, I'm guessing no. With the 10 to 15 years of experience the county has pertaining to all the other venues it is our belief you have all the data needed to make a decision. • Extra charges: We do expect and believe you will try your best to hold charges down and be economical with your decision on spending. I must make clear, however we do not have any extra money. Everything has gone into a wi nee time off any extra charges. • The dates of events be e C meeting are: June 2nd, 8th, ,15`", 22 9th , July 20th and August 17th. Other date or this year are September 7th, 21St, 22"a 28th October `hand the 12th. For next year 2014 d s are May 24`h, 315`, July�19th, August 9th, September 20th an October 4th. We agree to not add a events before the PC meeting. • We will m nage our venue with the upmost professio am a senior VP with a private company. I manage thre is in two st Robin and I both understand management and business very well and will run our venue accordingly. • We will tell all potential customers we are a low volume music wedding venue. "if you wish to have loud music, we are not the site for you" kind of statement. • We request.your office give us your plan on how you propose to deal with the other venues that are not permitted e.g., the Palms, White Ranch, TJ Farms, Skylake Gardens etc. Not sure where Centerville Estates is in the permitting process. • We believe our propose project is very consistent with the new PLAN that wishes to promote AG tourism. We have booked two weddings that would directly relate to this. 1) The couple is from Redding and were looking for the Napa feel and chose our location because of the grapes and the location which is obviously closer than Napa. 2) Another couple had been looking and found nothing to their liking and were looking to leave the area to have their wedding in Tahoe. They visited our site and it filled their needs. I'm sure each site can tell similar stores. • It may be prudent for the county to call the Sheriff's dept. to inform them of our event this Sunday, as you surely know the people that attended the meeting last Tuesday will be burning up the phone lines to complain about us. "IF Thank you for your time. We both look forward to working with the county to receive proper approval to conduct our business at Creek Haven Vineyard Estate. Respectfully, Mark Medearis and Robin Flores. Please do not forward or share this e-mail to any party that is not associated with the Butte County Planning Dept. From: Robin [mailto:robinzplc@yahoo.com] Sent: Thursday, May 30, 2013 11:16 AM To: Mark Medearis Subject: Fwd: Follow up to Tuesday's meeting v y w Robin j Begin forwarded message: From: "Snellings, Tim" <TSnellings@buttecounty.net> Date: May 30, 2013, 10:42:05 AM PDT To: Robin <robinzplc@,yahoo.com> Cc: "Wahl, Larry" <LWahIQbuttecounty net>, "Thistlethwaite, Charles" <cthistlewaite@buttecount�t>, "Jolliffe, Stacey" <SJolliffe@buttecoun , .net>, "Calarco, Pete" <PCalarco&buttecounty.net> Subject: Follow up to Tuesday's meeting Robin: It was nice speaking with you a few minutes ago. Per our discussion, attached is a letter including some of my thoughts to follow up on Tuesday's meeting. I've included several items to alert you of the challenges which lie ahead and my request for some clarification about your planned events. I look forward to your response. As I mentioned, if you have any questions, please do not hesitate to contact me. Thanks, Tim Tim Snellings, Director I CCPDA Past President County of Butte Department of Development Services 7 County Center Drive Oroville, CA 95965 530-538-6821 (direct) Winners of the 2012 CALBO Building Department of the Year Award How Are We Doing? Please tell us at http://www.surveymonkey.com/s/MWLJGV8 Confidentiality & Virus Disclaimer Notice: This e-mail, including any attachments, is intended for receipt and use by intended addressee(s), and may contain confidential and privileged information. If you have received this e-mail in error, please contact the sender by reply e-mail and destroy all paper and electronic copies of the original message. Although American Wood Fibers (AWF) has taken reasonable precautions to ensure no viruses are present in this a -mail, AWF cannot accept responsibility for any loss or damage arising from the use of this e-mail or attachments. Thank you. Invoice 78 — Butte County Dept of Development Services — Harvest Invoice Number 78 Project Number UP13-0005 Issue Date 07!01/2013 Due Date 07/31/2013 (Net 30) Subject 01 /20/2013 - 6/30/2013 Project Billable Hours Page 1 of 2 INVOICE From Butte County Dept of Development Services 7 County Center Drive Oroville, CA 95965 Invoice For Flores, Robin Quantity ...................:....................................:...................................... Type .................................:............................................................................................................................. Description 0.50 RET-PYMT [Stacey Jolliffe] UP13-0005: #A Intake & Early Consultation ...................:....................................:...................................... 7.67 .................................:............................................................................................................................ (01 /20/2013 - 06/30/2013) .........................................................:..................................... 3.25 RET-PYMT [Stacey Jolliffe] UP13-0005: #B Processing Application ................................. (01 /20/2013 - 06/30/2013) :................................ ............................................................................................ : RET-PYMT [Stacey Jolliffe] UP13-0005: #C CEQA Document Preparation (01 /20/2013 - 06/30/2013) .................................:............................................................................................................................: RET-PYMT [Stacey Jolliffe] UPI 3-0005: #D Public & Agency Review (01 /20/2013 - 06/30/2013) (� Y61� RET. PYMT............ ..................................................................................................................... (Stacey Jolliffe] UPI 3-0005: Project Management (01 /20/2013 - 5 06/30/2013) .......................................... . Page 1 of 2 INVOICE From Butte County Dept of Development Services 7 County Center Drive Oroville, CA 95965 Invoice For Flores, Robin Quantity ...................:....................................:...................................... Unit Price : Amount 0.50 $163.00 $81.50 ...................:....................................:...................................... 7.67 $163.00 $1,250.21 .........................................................:..................................... 3.25 $163.00 $529.75 .................................... 0.33 $163.00 2.17 $0.00 RET-PUBL Publishing/Legal Notices Retainer (Difference Owed) 1.00 https://buttedds.harvestapp.com/invoices/3081295 $53.79 $0.00 $66.65 $66.65 ................:..................................... $50.00 $50.00 $631.00 $631.00 ........................................................ $114.00 $114.00 ........................................................ Subtotal Retainer Payments $2,776.90 -$2,704.35 7/15/2013 Invoice 78 — Butte County Dept of Development Services — Harvest Page 2 of 2 ,F Type Description Quantity Unit Price Amount ................................. :................................................................................................. .................................................................................................................................... Amount Due $72.55 Notes Status: Initial Review https://buttedds.harvestapp.com/invoices/3081295 7/15/2013 R` Anvoice 78 — Butte --ounty Dept of Development Services, — Harvest Invoice Number 78 Project Number UP13-0005 Issue Date 07/C1/2013 Due Date 07/-11/2013 (Net 30) Subject 01/20/2013 - 6/30/2013 Project Billable Hours Page 1 of 2 INVOICE From Butte County Dept of Development Services 7 County Center Drive Oroville, CA 95965 Invoice Foi [ 30 https://buttedds.lurvestapp.com/invoices/3081295 7/15/2013 Type .......................................................................................................................... Description .. .................................. ..................... Quantity`:Unit .......................... Price ............. ....................................... Amount RET-PYMT (Stacey Jolliffe] UP13-0005: #A Intake &Earl Consultation 0.50 $163.00 $81.60 ................................. (0 1 /.-0/2013 - 06/30/2013) ............ ........................................................ ............ ......................................... I ........................... ............................................................................. RET-PYMT [Stacey Jolliffe] UP1 3-0005: #13 Processi g Application 7.67 $163.00 $1,250.21 ................................. (01/20/2013 - 06/30/2013) ........... . ............................................................. RET-PYMT ................................................. ........................... [Stacey Jolliffe] UP13-0005: #C CEQ Document Preparation ..................................... 3.25 ....................................... $163.00 $529.76 (0 1 /?0/2013 - 06/30/2013) ................................ ........ I .............................................. ... .................................................... ........................... ..................................... ........... ........................ RET-PYMT [Sta:ey Jolliffe] UP13-0005: #D P blic & Agency Review 0.33 $163.00 $63.79 (01/20/2013 - 06/3012013) ................ ........ ........... ................................................. .............................................................. ........................... ....... . . ........................ ....................................... RET-PYMT [Stacy Jolliffe] UP1 3-0005: P bject Management (01/20/2013 - 2.17 $0.00 $0.00 ............. 06/3D/2013) ... ............................ RET-PUBIL ........ Pub ishinglLegal Notices tainer (Difference Owed) Notices 1.00 ........... ................... $66.65 .................... $66.66 ................................. ........... ...................................... ......................................................................... ................................................ ....... ................... . Clerk's Filing Fisl- & Wildlife - Negatitiv Dec 1.00 $2,156.25 $2,16*6.25 Fee ................................. Clerk's Filing .......... ............................... ................................................................................ ........................... Cleric Recording Fe - Clerk/Recorder ..................................... 1.00 ....................................... $50.00 $60.00 Fee ................................. MIN NR .......... .................................................. .............................................................. ........................... En%jronmental Health ..................................... 1.00 ....................................... $631.00 $631.00 • MIN NR ........................................... ....................... ................................ .................... ..... ....................... CD= ............................................................................................................................................. .............. * ........ 1.00 ............................... ...................... ................. $114.00 ............................................. .................... $114.00 https://buttedds.lurvestapp.com/invoices/3081295 7/15/2013 0 0 _.vinvoice 78 Butte County Dept of Development Services —Harvest � ,---,:,Type Description .......................................................... ....... ... ........... f . ........... ........................ Notes 9tatus: Initial Rev iew Page 2 of 2 Quantity Unit Price Amount ......................................................................................................... Subtotal $4,933.15 Retainer Payments -$2,704.35 Amount Due c$2,228.80 https://buttedds.harvestapp.com/invoices/3081295 7/15/2013 Butte County Dept of Development Services — Harvest Detailed Reports Page I of 2 `detailed Time Report I • Timeframe. 0112012013-0613012013 Client All Clients Total 13.92 Hours Project UP13-0005 0.00 Uninvoiced Billable Hours Task All Tasks https:llbuttedds.harvestapp.com/reports/detailed/20/2Ol3/l8l/2Ol3/any/any/3622698/ignli... 7/15/2013 Staff All Staff ............................................... ......... ........... .......... V....... .......... ................... .................................. ............ o.- ............................................. ....................................................................................................... .................................. ............................................................ Iiiiht: ....... :::::::: ........................ At . ........................ . . ..................................... ... . . ........... ............................................. ..... .......... ............................................................... ...... ............ I ........... : - ::::: . me ............................... . ............ ............ ...... ....... ........ ........... ............... ............. [Stacey Jolliffe] UPI 3-0005 13.92 ....................................................................................................................................................................................................................................................................... 05/13/2013 Flores, Robin #A Intake & Early Development Services, Stacey Jolliffe 0.50 Consultation Planning Division 05/14/2013 Flores, Robin #B Processing Development Services, Stacey Jolliffe 1.00 Application Planning Division .................................................................................................................................................................................................... 06/11/2013 Flores, Robin #13; Processing Development Services, ................................................................. Stacey Jolliffe 1.25 JJ Application Planning Division ....................................................................................................................................................................................................................................................................... incomplete letter and phone discussion about incompelte letter 06/12/2013 Flores, Robin Project Management Development Services, Chuck Thistlethwaite 1.00 Planning Division E -Mail to neighbors for Tim Sneffings .............................................................................................................. 06/13/2013 I ........................................................................................................................................................ Flores, Robin #C CEQA Document Development Services, Chuck Thistlethwaite 0.75 Preparation Planning Division Review of noise requirements and meeting with Stacey Jolliffe and Pete Calarco ............................................................................. 06/13/2013 I ..................................................... Flores, Robin Project Management I .................................................................................................................................. Development Services, Chuck Thistlethwaite 1.00 Planning Division • ....................................................................................................................................................................................................................................................................... E -Mail to neighbors for Tim Snellings 06/13/2013 Flores, Robin #C CECA Document Development Services, Stacey Jolliffe 1.00 H Preparation Planning Division Reviewed traffic study scope of work email concerning same. Met with Pete Calarco and Chuck T. re: Butte County noise standards ......................................................................................................................................................................................... 06/14/2013 Flores, Robin #C CECA Document Development Services, I ............................................................................. Chuck Thistlethwaite 0.75 fd Preparation Planning Division Approval of Traffic Study scope of work and e-mail on noise restrictions. ...................................................................................................................................................................................................................................................................... 06/14/2013 Flores, Robin Project Management Development Services, Chuck Thistlethwaite 0.17 Planning Division E -Mail to neighbors for Tim Snelfings 06/18/2013 Flores, Robin #B Processing Development Services, Stacey Jolliffe 0.75 Application Planning Division Met with adjacent homeowners Jennifer Dobbs and Johnathan Day about noise and land use compatibilWy concem& ....................................................................................................................................................................................................................................................................... 06/19/2013 Flores, Robin #B Processing Development Services, Chuck Thistlethwaite 1.25 JJ Application Planning Division Meeting with Robin Flores, Mark Medearis, Tim Snellings and Stacey Jolliffe ........................................... 06/19/2013 I .................................................................. -1 ..................................................................................................................................................... Flores, Robin #81 Processing Development Services, Stacey Jolliffe 1.42 JJ Application Planning Division Meeting with Mark and Robin to consider noise issues and hiring noise consultant, and to discuss neighborhood issues. Applicants authorized getting fee estimate for the study •06/19/2013 Flores, Robin Stacey Jolliffe 0.75 ki ....................................................................................................................................................................................................................................................................... Total 13.92 https:llbuttedds.harvestapp.com/reports/detailed/20/2Ol3/l8l/2Ol3/any/any/3622698/ignli... 7/15/2013 • • 06/27/2013 Floree, Robin #B Processing Development Services, Stacey Jolliffe 1.25 Application Planning Division Meeting with Robin Flores, Chuck and Tim on Project status and processing issues ......................................................................................................................................................................................................................................... .................... 06/28/2013 Flores, Robin #D Public & Agency Development Services, Stacey Jolliffe 0.33 ki Review Planning Division Prepared email, labels, and cover sheet notice to interested parties list for amendments to BCC 24175 affecting project's hours of operation. Total 13.92 https I/buttedds.harvestapp.com/reports/detailed/20/2013/181/2013/any/any/3622698/ign/i... 7/15/2013 SUPPLEMENTAL USE REGULATIONS 24-175 3. Beer Production Reports. The operator or land owner of a micro -brewery shall provide the Department of Development Services with copies of its beer production reports submitted to the Bureau of Alcohol, Tobacco, and Firearms or other similar agency. 4. Alcoholic Beverage Production Reports. The operator or land owner of a micro -distillery shall .provide the Department of Development Services with copies of its distilled beverage production reports submitted to the Alcohol and Tobacco Tax and Trade Bureau (TTB) or any other similar federal agency. 5. Tour Buses and Vans. Tour buses are allowed to visit large, very large, and industrial facilities. Tour buses are prohibited from visiting small facilities, unless a Minor Use Permit is approved to tour bus visits. Tour vans are permitted to visit small facilities. Tour buses and vans shall not idle more than 10 minutes per hour on -sit , so as to minimize noise and air quality impacts to the area. Tour buses and vans shall be provided with adequate off-street parking and turn -around areas. 6.1 Frequency of Wine and Olive Oil Tasting. Wine and olive oil tasting shall be limited to three days per week for Tier 1 facilities small facilities. More frequent tasting may be allowed at small &eilities-Tier 1 facilities with the approval of a Minor Use Permit. There shall be no limit to the frequency of tasting for all other types of facilities. Outdoor Amplified Music. Outdoor Amplified music used in conjunction with special events shall only be perrrdtted at Tier 1 facilities with the approval of a Minor Use Permit. Tier 2 and 3 facilities shall specify whether outdoor amplified music will be used at special events. The Minor and Conditional Use Permit will defin-einek3de a specific event time, duration, and shall not allow exceeding 60 decibels (maximum) as measured at the nearest property line_. Amphfted-rx ie shall ordy be allowed between the hours of 10!00 am to 7!00 pm. 8. Special Events. a. Special events, such as weddings, dances, assemblies and craft fairs, are permitted in all facilities subject to the standards contained in Table 24-175-1 this seetien. b. U speeial events shag require a separate Minor Use Permit for the first event and an Administrative Permit for eaeh subsequent sirtidar event. 4he permit for the speeial even shall speeify the date of the event, the hours of operation, the rna i ed ntunber of guests and shall inelude any other- eenditions of approval determined neeessary by the herity. e:b_Hours of operation shall not exceed a maximum of 12 hours per day. d. Ne mare thatt 100 people rmy be present at any one tirne at smftll -C-ar--iliaies. ?40 rnof-e than 200 peeple-may tlarge; ver large; eF mal-faeihties. e-1�3o rnore-than-si speeial-events-per-c-alcndar-year are-allowed-at-stnall-faeihties —No -mere tllan12 speeial events per calendar-year-sre llave-at large €ac aes. There -shat bene IL -nit to Elie ftegaency a special -events at ve - large €aeRides-axd4ndest ial-facihtles- 9. Parking. On-site parking will be provided for in accordance with the "Special Events" category under Article 19 (Parking and Loading). The required parking shall be regulated under the Conditional Use Permit Minor Use Permit or Administrative Permit. l� 1 r ADEMA JOEL F & DEBORAH C, 1529 MUIR AVE CHICO CA 95973 1 i DAY JOHN & PEGGY KETTING OLIVIER 1437 MUIR AVE , CHICO CA 95973 a i GAGER JOHN & DONNA FAMILY TRUST 2575 HWY 32 CHICO CA 95926 } f JAUREGUI FRANK & GUADALUPE 1469 MARITZA CIRCLE CHICO CA 95973 i MCKIM ANN E 1390 MUIR AVENUE CHICO CA 95926 I RENTZ VALERIE 2965 KENNEDY AVE CHICO CA 95973 1 RONEY FAMILY TRUST 5609 ANITA RD CHICO CA 95973 STILWELL RONALD R & SUZANNE 1487 RANCHO ARROYO LN j CHICO CA 95926 I YEAGER CYNTHIA L ETAL 1451 MUIR AVE CHICO CA 95983 MORGAN, JIM 2799 OAK WAY CHICO, CA 95973 I ARONSON ERIK H & KAREN E 2931 KENNEDY AVE CHICO CA 95973 DOBBS JENNIFER 1425 MUIR AVENUE CHICO CA 95973 HERFI RETTA M TRUST PO BOX 515 CHICO CA 95927 KAPLAN KENNETH H & PAULA D 3084 KENNEDY AVE CHICO CA 95973 MEDEARIS MARK A & FLORES ROBIN 2915 #B KENNEDY AVE CHICO CA 95973 RILEY FAMILY TRUST 1419 MUIR AVE CHICO CA 95973 SCOTT FAM I LY TRUST 2953 KENNEDY AVE CHICO CA 95973 COFFRON MICHAEL & KAREN 2805 KENNEDY AVE CHICO CA 95973 DONNELLY FAMILY TRUST 1445 MUIR AVE CHICO CA 95973 HERNANDEZ J & LOPEZ T DE JESUS 1435 RANCHO ARROYO LN CHICO CA 95973 LUKE DAYLE DROBNY 2812 KENNEDY AVE CHICO CA 95966 PERRY CAROL HUDGINS TRUST 8028 BUTTE AVE SUTTER CA 95982 ROBERTS REVOCABLE TRUST 1431 MUIR AVE CHICO CA 95973 SLUSHER MICHAEL & MARG REV TRUST P 0 BOX 567 GUALALA CA 95445 WILLIS JANE H WOLT TERRIL BRUCE LIVING TRUST 1455 MUIR AVE 1140 E WEBSTER DR CHICO CA 95973 SANDY UT 84094 DROBNY DALE LYDON KEITH P AND ROBERTA C 2812 KENNEDY AV 13454 CENTERVILLE RD CHICO, CA 95973 CHICO, CA 95928 Whitfield, Perry & Shelly PO Box 3258 Chico, CA 95927 i:U L'l 1=�*f�1 �:`' �i ("' �. X40• ry U �" v'J ✓Jr�K-' wfiW,, H 1 Owner . Owner_Mailing Address 1voinc A0001jr- %o r Ww" I. J ' K H 1 Owner . Owner_Mailing Address CityStZIP. email 2 ADEMA JOEL F & DEBORAH C 1529 MUIR AVE CHICO CA 95973 3 ARONSON ERIK H & KAREN E 2931 KENNEDY AVE CHICO CA 95973 karonsonl0@hotmail.com 4 COFFRON MICHAEL & KAREN 2805 KENNEDY AVE CHICO CA 95973 5 DAY JONATHAN R & PEGGY KETTING OW 1437 MUIR AVE CHICO CA 95973 6 DOBBS JENNIFER 1425 MUIR AVENUE CHICO CA 95973 ienniferdobbs@comcast.net 7 DONNELLY FAMILY TRUST 1445 MUIR AVE CHICO CA 95973 8 GAGER JOHN & DONNA FAMILY TRUST 2575 HWY 32 CHICO CA 95926 9 HERA RETTA M TRUST PO BOX 515 CHICO CA 95927 10 HERNANDEZ J ASCENCION & LOPEZ TERE 1435 RANCHO ARROYO LN CHICO CA 95973 11 JAUREGUI FRANK & GUADALUPE 1469 MARITZA CIRCLE CHICO CA 95973 12 KAPLAN KENNETH H & PAULA D 3084 KENNEDY AVE CHICO CA 95973 13 LUKE DAYLE DROBNY 2812 KENNEDY AVE CHICO CA 95966 dayle@inbox.com 14 MCKIM ANN E 1390 MUIR AVENUE CHICO CA 95926 OLA Pi M 15 MEDEARIS MARK A & FLORES ROBIN 2915 #B KENNEDY AVE CHICO CA 95973 16 PERRY CAROL HUDGINS TRUST 8028 BUTTE AVE SUTTER CA 95982 17 RENTZ VALERIE 2965 KENNEDY AVE CHICO CA 95973 18 RILEY FAMILY TRUST 1419 MUIR AVE CHICO CA 95973 of ; lei @ 19 ROBERTS ARLENE MAY REVOCABLE TRUS 1431 MUIR AVE CHICO CA 95973 20 RONEY FAMILY TRUST 5609 ANITA RD CHICO CA 95973 21 SCOTT FAMILY TRUST 2953 KENNEDY AVE CHICO CA 95973 22 SLUSHER MICHAEL CARL & MARGARET D P 0 BOX 567 GUALALA CA 95445 23 STILWELL RONALD R & SUZANNE 1487 RANCHO ARROYO LN CHICO CA 95926 ive LIC - L24 24 WILLIS JANE H 1455 MUIR AVE CHICO CA 95973 25 WOLT TERRIL BRUCE LIVING TRUST 1140 E WEBSTER DR SANDY UT 84094 26 YEAGER CYNTHIA L ETAL 1451 MUIR AVE CHICO CA 95983 27 MORGAN, JIM 2799 OAK WAY CHICO, CA 95973 Walnu_It8646@hughes.net 28 29 _ 7 0. boY 32H��-- 30 31 Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buftecounty.net/dds www.buttegeneralplan.net ADMINISTRATION " BUILDING " PLANNING r July 1, 2013 I Proposed Changes to Butte County Code Section 24-175: Winery, Olive Oil, Fruit, Nut, Micro -Brewery and Micro -Distillery Production Facilities i You are being sent proposed. changes to Section 24-175 of the Butte County Zoning Ordinance (please see attached) because these proposed changes could affect the pending application for the Creek Haven Vineyard Estate project at 2915!Kennedy Avenue (Conditional Use Permit UP13-0005 Flores/Medearis). You are listed as an interested party,or a surrounding resident and/or property owner, for UP13-0005. Thero osed changes to Section 2 -17 - p p g 5 5, Winery, Olive Oil, Fruit, Nut, Micro -Brewery and Micro Distillery Production Facilities, are part of a package of staff proposed amendments to the County's Zoning Ordinance. The Butte County Planning Commission will hold a public hearing, beginning at 1:00 p.m. on Thursday, July 25, 2013 in the Board of Supervisors Chambers, at 7 County Center Drive in Oroville, to consider a recommendation to the Board of Supervisors regarding the proposed amendments to the Zoning Ordinance. An Addendum to the previously certified General Plan 2030 Environmental Impact Report (EIR) and Supplemental EIR for Amendments to the Butte County Zoning Ordinance has been prepared for this project consistent with the requirements of the California Environmental Quality Act. The July 25, 2013 hearing will not address or decide the pending Conditional Use Permit application (UP13- 0005) for the Creek Haven Vineyard Estate events. The Use Permit will be scheduled for a separate hearing, tentatively scheduled for August 22, 2013. You will be sent a separate notice of the Planning Commission public hearing for the Conditional Use Permit for the Creek Haven Vineyard Estate project. • If you have questions about Conditional Use Permit UP13-0005, please contact Principal Planner, Stacey Jolliffe,'at siolliffe@buttecounty.net or (530) 538-6573. • If you have questions about the proposed changes to Section 24-175 of the Zoning Ordinance, please contact Principal Planner Dan Breedon, at dbreedon@buttecounty.net or (530) 538-7629. SUPPLEMENTAL USE REGULATIONS 24-175 TABLE 24-175-1 PERMITS REQUIRED FOR WINE, OLIVE OIL, FRUIT AND NUT, MICRO -BREWERY AND MICRO -DISTILLERY PRODUCTION FACILITIES AND STANDARDS FOR SPECIAL EVENTS [11 Verb Fsrge -ier micro -breweries and micro-distillerigas are not permitted. N icro-breweries and micro -distilleries subject to the requirements of this section shall produce loss -no more than 15,000 cases of beer or spirits per year. 24-154 Winery, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -Distillery Production Facilities A. Purpose. This section establishes standards for the development and operation of winery and olive oil, fruit and nut, Micro -Brewery, and micro -distillery production facilities. The goals of this section are to: 1. Encourage the establishment of winery, olive oil, fruit and nut, micro -brewery and micro -distillery production facilities as a viable economic activity in Butte County. 2. Encourage the activities associated with winery, olive oil, fruit and nut, micro -brewery and micro - distillery production facilities that enable these operations to prosper, including providing tasting facilities for visitors and special events on-site. 3. Encourage the tourism industry in Butte County by providing an additional destination activity. 4. Establish standards for the operation of winery, olive oil, fruit and nut, micro -brewery and micro - distillery production facilities that will protect neighboring properties and the environment in general, and are appropriate based on the size and character of the operation under review. 5. Encourage agricultural activities associated with the wine, olive oil, fruit and nut, micro -brewery and micro -distillery industries. B. Applicability. This section applies to all winery, olive oil, fruit and nut, micro -brewery and micro- distillery- production facilities as defined in Article 42 (Glossary). C. Types of Wine, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -distillery Production Facilities. Types of wine, olive oil, fruit and nut, micro -brewery and micro -distillery production facilities permitted in Butte County and the permits they require are described in Table 24-175-1 Number of Maximum Minimum Annual Type Size Event Permit Required Events Attendance Parcel Size 7,500 or fewer cases of wine, beer, sprits, fruit or Tier 1$rnall-facility nut roductsextraets, or 6 or fewer 100 3 acres Administrative bottles of olive oil per Permit year besg thm--Up to 15,000 cases; afrd--mere--than Tier 7,500 eases of wine, beer, 7-12 20 3 - 10 acres Minor Use Permit spirits, fruit or nut roductsex"ets, or olive oil per year 13 008 -or -more No limit Tier 3Verge on the number of cases Defined by Use Defined by Use Defined by Use Conditional Use Facility [1] of wine, fruit or nut Permit permit Permit Permit roductsextr$ets, or olive oil per year indust fae4ity C-endrgonal Ease Permit [11 Verb Fsrge -ier micro -breweries and micro-distillerigas are not permitted. N icro-breweries and micro -distilleries subject to the requirements of this section shall produce loss -no more than 15,000 cases of beer or spirits per year. 24-154 Winery, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -Distillery Production Facilities A. Purpose. This section establishes standards for the development and operation of winery and olive oil, fruit and nut, Micro -Brewery, and micro -distillery production facilities. The goals of this section are to: 1. Encourage the establishment of winery, olive oil, fruit and nut, micro -brewery and micro -distillery production facilities as a viable economic activity in Butte County. 2. Encourage the activities associated with winery, olive oil, fruit and nut, micro -brewery and micro - distillery production facilities that enable these operations to prosper, including providing tasting facilities for visitors and special events on-site. 3. Encourage the tourism industry in Butte County by providing an additional destination activity. 4. Establish standards for the operation of winery, olive oil, fruit and nut, micro -brewery and micro - distillery production facilities that will protect neighboring properties and the environment in general, and are appropriate based on the size and character of the operation under review. 5. Encourage agricultural activities associated with the wine, olive oil, fruit and nut, micro -brewery and micro -distillery industries. B. Applicability. This section applies to all winery, olive oil, fruit and nut, micro -brewery and micro- distillery- production facilities as defined in Article 42 (Glossary). C. Types of Wine, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -distillery Production Facilities. Types of wine, olive oil, fruit and nut, micro -brewery and micro -distillery production facilities permitted in Butte County and the permits they require are described in Table 24-175-1 SUPPLEMENTAL USE REGULATIONS 24-175 (Permits Required for Wine, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -Distillery Production Facilities and Standards for Special Events). D. Use Regulations. Permitted Uses for All Facilities. The following uses shall be permitted as part of all types of facilities. a. Growing and harvesting grapes, olives, fruit and nuts, and other products suitable for wine, olive processing and other products. b. Milling, pressing, and bottling of grapes, olives, grape products, and olive products produced on and off the premises. C. Micro -distillation of products grown on and off-site. d. Sale of wine, beer, spirits, olive oil, fruit and nut products for consumption off premises whether grown or produced on premises or off. Sale of merchandise related to wine, olive oil, or the facility. e. Wine, olive oil, fruit and nut tasting involving serving wine, olive oil, fruit and nut products to the public for the purpose of sampling. 2. Additional Use Regulations. a. Restaurants shall be permitted as an accessory use with the approval of a Conditional Use Permit for Tier 2 and Tier 3 facilitieslarge; very large, and industriftl ffteili . b. Processing and bottling of grapes, grape products, fruit and nuts, olives, and olive products produced off the facility premises are permitted for Tier 3 facilities E. Development Standards. -2-1. Signage. All signage associated with a winery shall be consistent with the requirements provided in Article 20 (Signs). 3:2_Parlcing and Access. On-site parking will be provided for in accordance with the "Wineries and Olive Oil, Fruit and Nut, Micro -Brewery and Micro -Distillery' category under Article 19 (Parking and Loading). F. Operational Standards. License Required. a. SmA lafge, and very large fEacilities producing wine shall be licensed by State of California Department of Alcohol Beverage Control, license "Type 02, Winegrower." b. indusaial faeilities predtteing wine shall be heensed by State of California Depamment e e. -b. Micro -breweries producing beer shall be licensed by the State of California Department of Alcohol Beverage Control, license "Type 23, Small Beer Manufacturer." &c. Micro -distilleries producing distilled spirits shall be licensed by State of California Department of Alcohol Beverage Control, license "Type 04, Distilled Spirits Manufacturer." 2. Wine Production Reports. The operator or land owner of a winery shall provide the Department of Development Services with copies of its wine production reports submitted to the Bureau of Alcohol, Tobacco, and Firearms or other similar agency. Creek Haven Vineyards Conditional Use Permit (UP13-0005) June 26, 2013 Meeting Agenda 1. Follow-up to Conversations with Paul Bollard 2. Refinement of Project Description: - Minimum and maximum approach to evaluation of project impacts. - Detailed Site Plan 3. Components of Project Description: - Location of Reception Area. - Number of Attendees. - Number of Events. - Hours of Events. - Restrictions on Amplified and/or Live Music. 4. Current studies and next steps: - Noise - Traffic �. Impacts on Project Processing Timeline. SUPPLEMENTAL USE REGULATIONS 24-175. - TA13LE 24-175-1 IPi R_izm T5 RI-QUIRI"D 17OIt WIN[., OI..IVIE- Oil-, 1 iiurr AND Nur, MICRO-BRI_Avl•:RY AND i\41CR0-DIsrII_I_eRY PRODucrION l-"ACHATIBS Size 4. Maximum Event SUPPLEMENTAL USE REGULATIONS 24-175. - TA13LE 24-175-1 IPi R_izm T5 RI-QUIRI"D 17OIt WIN[., OI..IVIE- Oil-, 1 iiurr AND Nur, MICRO-BRI_Avl•:RY AND i\41CR0-DIsrII_I_eRY PRODucrION l-"ACHATIBS Formatted: Centered, Position: Horizontal: Left, Relative to: Margin; Vertical: 0.78 Relative to: Margin,: Horizontal: 0.13", Wrap , Around Formatted Table Formatted: Left, Position: Horizontal: Left, Relative to: Margin, Vertical: 0.78", Relative to: Margin, Horizontal: 0.13", Wrap Around Formatted: Centered, Position: Horizontal: Left, Relative to: Margin, Vertical: 0.78", Relative to: Margin, Horizontals 0.13", Wrap Around Formatted: Left, Position: Horizontal: Left, Relative to: Margin, Vertical: 0.78", Relative to: Margin, Horiiontal: 0.13", Wrap Around . Formatted: Centered, Position: Horizontal: Left, Relative to: Margin, Vertical: 0:78", Relative to: Margin Horizontal: 0.13" Wrap Size Number of Maximum Event ParcelSize . _ - IIII:�egp-JjcL3_nxcro-breweries and micro -distillers are not perotinedL \lion-bravcriec and micro tl ctillerics subjcct.tr� the redluireme us of due section shall produce less than 15,uuC cases of beer or . pints per � car. Events FT a Attendance PermitRe wired Relative to: Margin, Vertical: 0.78", Relative to: 7,51111 or fewer cases of - Margin, Horizontal: 0.13", Wrap Around wine, beer, sprits, fruit or Winery, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -Distillery Production Facilities Formatted: Centered, Position: Horizontal; ' imstrau e Tier 1SmeN Facility nu r c , or 6 o e 00 3 acres' per t Pcmu - - bottles o: olive oil per rear Relative to: Margin, Horizontal: 0.13", Wrap . " . . Less than 15,001) cases, Formatted: Left, Position: Horizontal: Left, ind more than 7,51111 1. Encourage the establishment of winery, olive oil, fruit and nut, micro -brewery and micro -distillery Relative to: Margin, Vertical: 0.78", Relative. to: Tier 2�aree FaerJit" citses of mine, -beer, 7-1, 200 3 - 10 acres n1inor Use Permit Formatted: Centered, Position: Horizontal: spirits, fruit or nut 2. I_ncouragc the activities associated with winery, olive oil, fruit and nut, micro -brewery and micro- Left, Relative to: Margin, Vertical: 0.78", productse5ktEaeti, or olive distillery production facilities that enable these operations to prosper, including providing tasting Relative to: Margin, Horizontal: 0.13", Wrap oil per rear - Around - 1511011 or more cases of - 4. Establish standards for the operation of winery, olive till, fruit and nut, micro brewery and micro - 1kr.3Veqf4n9tSe wine, fruit or nut Defined y Use Defined by Use Defined by Use. Conditional UsL Pemut Permit Permit Faed+ty [.I]- Froducts e*tmets, or olive permit " oil per v nr distillery production facilities as defined un Article 42 (Glossary). industrial Fitegi N. - -- - - Facilities. Types of wine, olive oil, fruit and nut, rriicro-brewery and micro -distillery production Gendigenal Use Permit Formatted: Centered, Position: Horizontal: Left, Relative to: Margin; Vertical: 0.78 Relative to: Margin,: Horizontal: 0.13", Wrap , Around Formatted Table Formatted: Left, Position: Horizontal: Left, Relative to: Margin, Vertical: 0.78", Relative to: Margin, Horizontal: 0.13", Wrap Around Formatted: Centered, Position: Horizontal: Left, Relative to: Margin, Vertical: 0.78", Relative to: Margin, Horizontals 0.13", Wrap Around Formatted: Left, Position: Horizontal: Left, Relative to: Margin, Vertical: 0.78", Relative to: Margin, Horiiontal: 0.13", Wrap Around . Formatted: Centered, Position: Horizontal: Left, Relative to: Margin, Vertical: 0:78", Relative to: Margin Horizontal: 0.13" Wrap ' Around _ - IIII:�egp-JjcL3_nxcro-breweries and micro -distillers are not perotinedL \lion-bravcriec and micro tl ctillerics subjcct.tr� the redluireme us of due section shall produce less than 15,uuC cases of beer or . pints per � car. Formatted: Left, Position: Horizontal: Left, Relative to: Margin, Vertical: 0.78", Relative to: Margin, Horizontal: 0.13", Wrap Around 24-154 Winery, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -Distillery Production Facilities Formatted: Centered, Position: Horizontal; ' Left, Relative to: Margin, Vertical: 0.78", A. Purpose: This section establishes standards for the development and'operation of winery and olive oil, Relative to: Margin, Horizontal: 0.13", Wrap fruit and nut, Micro -Brewery, and micro -distillery production facilities. The goals of this section are to: Around Formatted: Left, Position: Horizontal: Left, 1. Encourage the establishment of winery, olive oil, fruit and nut, micro -brewery and micro -distillery Relative to: Margin, Vertical: 0.78", Relative. to: production facilities as a viable economic activity in Butte County., Margin, Horizontal: 0.13", Wrap Around Formatted: Centered, Position: Horizontal: 2. I_ncouragc the activities associated with winery, olive oil, fruit and nut, micro -brewery and micro- Left, Relative to: Margin, Vertical: 0.78", distillery production facilities that enable these operations to prosper, including providing tasting Relative to: Margin, Horizontal: 0.13", Wrap facilities for visitors and special events on-site. Around 3. 1_,ncourage the tourism industry in Butte County by providing an additional destination activity. 4. Establish standards for the operation of winery, olive till, fruit and nut, micro brewery and micro - distillery production facilities that will protect neighboring properties and the environment in genera, and are appropriate based on the siuc and character of the operation under review. 5. Encourage agr-cultural activities. associated with.the wine, olive oil, fruit and'out, micro -brewery and micro -distillery industries. B. Applicability. This section applies to all winery, olive oil, fruit and nut, micro -brewery and micro - distillery production facilities as defined un Article 42 (Glossary). C. Types of Wine, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -distillery Production Facilities. Types of wine, olive oil, fruit and nut, rriicro-brewery and micro -distillery production facilities permitted in Butte County and the permits they require are described in Table 24-175-1 SUPPLEMENTAL USE REGULATIONS - - - 24-175 - (permits Required for Wine, Olive Oil, Fruit and Nut, Micro -Brewery and Micro=Distillery production ' Facilities). D. Use Regulations. L Permitted Uses for All Facilities. 17u: following uses shall be permitted as.part of all types of facilities. a. Growing and harvesting grapes olives, fruit and nuts, and other products suitable for wine, olive processing and other, products. b. Milling, pressing, and bottling of grapes, olives; grape products; and olive products produced on and off the prcmiscs. C. Micro -distillation of product, grown on and off-site. d. Sale'of wine, beer, spirits, olive oil, fruit and nut products for consumption off premises whether grown or produced on premises or off Sale of merchandise related to wine, olive oil, of the facility. C. Wiine, olive oil; fruit and nut tasting involving serving wine, olive oil, fruit and nut products. to the public for.the purpose. of sampling. 2. Additional Use Regulations.' a. Restaurants shall be permitted as an accessory use with the approval of a Conditional Use permit for Tier 2 and Tier3 facilideslesge b. Processing and bottling of grapes; grape products, fruit and nuts, olives, and olive products produces off the facility premises are permitted: for Tier 3 facilities .. E. Development Standards. 1. Pareell S; 31nage. t\Il sigmage associated with a winery shall be consistent with the requirements provided in Article 20 (signs). a3_Parldng and Access. On-site parking will be provided for in accordance with. the "Wineries and Olive Oil, Fruit and Nut, Micro-Brcwery and Micro-Distillery"category under Article 19 (parking and Loading). F. Operational Standards. 1. License Required. a. Facilities producmg wine shall be licensed by State of California Department of Alcohol Beverage Control, license "Type 02, Winegrower." Fb_Miero-breweries producing beer shall be licensed by the State of California Department of Alcohol Beverage Control, license "fype 23; Small Beer Manufacturer.". ' d-c_Micro-distilleries producing distilled spirits shall be licensed by State of California Department of Alcohol Beverage Control, license "Type 04, Distilled Spirits Manufaeturcr." 2. Wine Production Reports. The operator or land owner of a winery shall provide the Department of Development Services with: copies of its wine production reports Submitted to the Bureau of Alcohol, Tobacco, and Firearms or other similar agency. SUPPLEMENTAL USE REGULATIONS - 24-17S 3. Beer Production Reports. The operator or land owner of a micro-brewery shall provide the Department of Development Serviccs:with copies of its beer production reports submitted to the Bureau of Alcohol, Tobacco, and Firearms or other similar agency. 4. Alcoholic Beverage Production Reports.'-The operator or land owner of a micro-distillery shall provide the Department of Development Services with copies of its'distilled beverage production reports submitted to the Alcohol and Tobacco Tax and Trade Bureau (FIB) or any ' other similar federal agency... 5. Tour Buses and Vans. Tour buses are allowed to visit large, very large; and industrial facilities:.. Tour buses are prohibited from visiting small facilities, unless a Minor Use Permit is:approved to tour bus visits. Tour vans are permitted to visit small facilities. 'Four buses and vans shall not idle more than 10 minutes per, hour onrsit , so as to munimve noise and air quality impacts to the area. lour buses and vans shall be provided with adequate off-street parking and tum-around areas. 6. Frequency of Wine and Olive Oil Tasting. Wine and olive oil tasting shall be limited to three days per week for Tier 1 facilities-sma�s. More frequent tasting may be allowed at s>ftll €eeilities-Tier 1 facilities with the approval of a Minor.Use Permit. There shall be no limit to the frequency of tasting for all other types of facilities. 7 —Outdoor Amplified Music. Outdoor Amplified music used in conjunction with special events- shall ventsshall only be permitted at Tier 1 facilities with the approval of a Minor.Usc Permit. :Tier 2 and 3 facilities shall spe6 whether outdoor amplified music will be used at special events. The Minor and Conditional Use Permit' will include a specific event time, duration, and shall not allow. exceeding 60 decibels (maximum) as: measured at the nearest property line: n-othwithstandkg provisions of Chapter 41A.. . 8-L- Special Events. a. Special events, such as weddings, dances, assemblies and craft fairs, are permitted in all facilities subject to the standards contained in Table 24-175-1-this-seeds$. appf eying atithefi. e-b.Hours of operation shall not exceed a maximum, of 12 hours per day. 4:8. Parking. On-site parking will be provided for in accordance with the "Special 13vents" category under Article 19 (Parking and Load nom The required parking shall be regulated under the Conditional Use Permit. Minor Use Permit or Administrative Permit. Departrnent of D.evelopinent Services INTER -DEPARTMENTAL REVIEW COMMITTEE DATE/TIME: Wednesday, May 29,2013,1:30 p.m. to 2:30 p.m. LOCATION: 7 County Center Drive, Training Conference Room, Oroville, California AGENDA 1. Creek Haven Estate UPI 3-0005 (Flores and Medearis), APN 042-100-069 Planner: Stacey Jolliffe Zoning: Ag -40 — Agriculture, 40 acre minimum parcel size. Completeness of Application General Plan: AG - Agriculture Evaluation; Draft Conditions Project Description & Location: Robin Flores and Mark Medearis doing business as Creek Haven Vineyard Estate have applied for a' Conditional Use Permit (UP13-0005) to host up to twenty events per year for` up to 200 people per event, at 2915 Kennedy Avenue, Chico, CA (cross street is Muir Ave.). The owners/applicants propose to conduct an agricultural based business as a self -pick grape vineyard offering 6 types of seedless table grapes to the general public. Grape season runs from late July through October. A grape Farm Stand will be placed along Kennedy Ave at a later date. Also, under Butte County's Supplemental Use Regulation 24-175 (Winery, Olive Oil, Fruit and Nut, Micro - Brewery and Micro -Distillery Production Facilities) the facility owners will offer the vineyard for private weddings from May through October. • Site: The property is approximately 6.67 acres with two residences. There are over 800 grapevines which wrap around an acre of lawn area and a % acre Koi pond. • Parking: All parking will be on-site. No on street parking will be allowed. There is over Y2 acre dedicated to on-site parking. This area will park approximately 85 cars. During wedding events there will be 3 hired parking attendants to guide and insure safe and easy access to and from the facility. • Noise: Music from wedding events will start around the 6 pm hour and will be turned off no later than 9:45 pm. Last dance will be called at 9:30 pm. Music noise levels will be closely monitored by the owners of the facility. • Dust: Activities at this site should not produce any fugitive dust that will be a nuisance to attendees or area residences. Parking area will have wood fiber on the ground rather than gravel or road base which can be dusty. Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7601 Page 1 of 2 • Lighting: All lighting on and around the facility will be adequate for public health, safety and welfare. All lights within 50 feet of any neighboring property structures will have light guards or night -sky protection. Light trespass on adjacent parcels will not be permitted per the County's requirements. • Fire Protection: The site will have adequate fire extinguishers as prescribed by County Code. Butte County Fire Sub -Station located on Highway 32 is the closest Fire station. • Sanitation: The facility offers a total of 6 restrooms to the visiting guest. Two of the 6 are ADA compliant. Butte County Department of Development Services ■ 7 County Center Drive ■ Oroville, CA ■ (530) 538-7601 Page 2 of 2 5/15/13 Locabon HOME ABOUT US VENUE PHOTOS CONTACT US MAP PREFERRED PARTNERS r y C�E�-IAV VINEYARD ESTATE L O� MUSIC OFF ON $ FA www.creeNiawrMneyardestate.conirinde)Q.php#!/MAP 1/1 ` DoMaMn�oa=otgDo Butte County Dq p artment of Develo men°ervices TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile www.buttecountv.neVdds www. buttegeneralplan.net ADMINISTRATION * BUILDING * PLANNING Creek Haven Vineyard Estate Neighborhood Meeting Use Permit UP13-0005 Tuesday, May 28, 2013 Time: 5:30 to 6:30 pm Place: Creek Haven Vineyard Estate UP13-0005 2915 Kennedy Ave Owner/Applicants: Mark Medearis and Robin Flores Butte County Supervisor: Larry Wahl, Second District Supervisor Butte County Staff: Tim Snellings, Director of Development Service, Chuck Thistlethwaite, Planning Manager, and Stacey Jolliffe, Principal Planner Introductions and Ground Rules 2. Goals for the Meeting – Tim Snellings 3. Allowed Uses in the AG Agriculture Zone—Chuck Thistlethwaite 4. Description of the Grape Vineyard and Wedding Events -- Mark Medearis and Robin Flores 5. Neighborhood Questions and Concerns – All 6. Summary of County Process and Next Steps – Stacey Jolliffe ❑ Butte County Department of Development Services ❑ Page 1 MR ADEMA JOEL F & DEBORAH C ARONSON ERIK H & KAREN E COFFRON MICHAEL & KAREN 1529 MUIR AVE 2931 KENNEDY AVE 2805 KENNEDY AVE CHICO CA 95973 CHICO CA 95973 CHICO CA 95973 DAY JOHN & PEGGY KETTING OLIVIER DOBBS JENNIFER DONNELLY FAMILYTRUST 1437 MUIR AVE 1425 MUIR AVENUE ` 1445 MUIR AVE. CHICO CA 95973 CHICO CA 95973 CHICO CA 95973 GAGER JOHN & DONNA FAMILY TRUST HERFI RETTA M TRUST HERNANDEZ J & LOPEZ T DE JESUS 2575 HWY 32 PO BOX 515 1435 RANCHO ARROYO LN CHICO CA 95926 CHICO CA 95927 CHICO CA 95973 JAUREGUI FRANK & GUADALUPE KAPLAN KENNETH H & PAULA D LUKE DAYLE DROBNY 1469 MARITZA CIRCLE 3084 KENNEDY AVE 2812 KENNEDY AVE CHICO CA 95973 CHICO CA 95973 CHICO CA 95966 MCKIM ANN E MEDEARIS MARK A &f LORES ROBIN PERRY CAROL HUDGINS TRUST 1390 MUIR AVENUE 2915 #B KENNEDY;AVE 8.028 BUTTE AVE CHICO CA 95926 CHICO CA 95973 SUTTER CA 95982 RENTZ VALERIE RILEY FAMILY TRUST ROBERTS REVOCABLE TRUST 2965 KENNEDY AVE 1419 MUIR AVE 1431 MUIR AVE . CHICO CA 95973 CHICO CA 95973 CHICO. CA 95973 RONEY FAMILY TRUST. SCOTT FAMILY TRUST. SLUSHER MICHAEL& MARG REV TRUST 5609 ANITA RD 2953 KENNEDY AVE P 0 BOX 567 CHICO CA 95973 CHICO CA 95973 GUALALA CA 95445 STILWELL RONALD R & SUZANNE WILLIS JANE H WOLT TERRIL BRUCE LIVING TRUST 1487 RANCHO ARROYO LN 1455 MUIR AVE 1140 E WEBSTER DR CHICO CA 95926 CHICO CA 95973 SANDY UT 84094 YEAGER CYNTHIA L ETAL DROBNY DALE LYDON KEITH P AND ROBERTA C 1451 MUIR AVE 2812 KENNEDY AV .13454 CENTERVILLE RD CHICO CA 95983 CHICO, CA 95973 CHICO,.CA 9592.8 .a 14 N� .. 1004 le 14 N� .. 1004 �J IV f P-"tw 40L 44L ,.� d* qa oft 4% moi" moi.. d■ a Ss p It AP � s A .. . ■ - s _ .. 3f4 T+� rN � L 4 Y r' J *t+�. �31-**Is#*��� too* w w.�.y Illi •MIM yc4F7 r.`6"io>f41#p*a ri! woof#►& . ��►�'}�I !dwb* r� r ice« �► � !mss N flM �� �#�i1•�' �►a N ice! Ml�wlislY�� � i r 1 0 ' C .1 O � Q U C I Creek Haven Vineyards Conditional Use Permit (UP13-0005) June 26, 2013 Meeting Agenda 1. Follow-up to Conversations with Paul Bollard 2. Refinement of Project Description: - Minimum and maximum approach to evaluation of project impacts. - Detail ite Plan mpo is of Project Description: - Location of Reception Area. -- h" - Number of Attendees. �� S is o � J - Number of Events. �2 P�✓3 ^� - Hours of Events. h o - Restrictions on Amplified and/or Live Music. 4. Current studies and next steps: - Noise - Traffic 5. imeline. 6. Next Ste 's do d"17 P �� LA �. ��, f � t � s, 4t • Neighborhood Meeting Creek Haven Vineyard Estate at 2915 Kennedy Avenue, Chico You are invited to a Neighborhood Meeting on Tuesday, May 28 from 5:30 to 6:30 pm at the Creek Haven Vineyard Estate, 2915 Kennedy Avenue, Chico to discuss proposed wedding events at this location. Owners Robin Flores and Mark Medearis have applied for a Conditional Use Permit (UP13-0005) from Butte County to host up to twenty events per year for up to 200 people per event. A full project description follows. You are invited to see the grounds, hear more about the proposal and the use permit process, ask questions, and express any concerns you may have with the proposed use. Questions and concerns will be addressed through the use permit application process (Use Permit UP13-0005). It is anticipated that UP13-0005 will be reviewed and acted upon by the Butte County Planning Commission in August of this year. You will receive separate notice for environmental review documents prepared per the California Environmental Quality Act and subsequent public hearings for the project. Project Description: Robin Flores and Mark Medearis doing business as Creek Haven Vineyard Estate located at 2915 Kennedy Avenue, Chico, CA (cross street is Muir Ave.) propose to conduct an agricultural based business as a self -pick grape vineyard offering 6 types of seedless table grapes to the general public. Grape season runs from late July through October. A grape Farm Stand will be placed along Kennedy Ave at a later date. Also, under Butte County's Supplemental Use Regulation 24-175 (Winery, Olive Oil, Fruit and Nut, Micro -Brewery and Micro -Distillery Production Facilities) the facility owners will offer the vineyard for private weddings from May through October. • Site: The property is approximately 6.67 acres with two residences. There are over 800 grapevines which wrap around an acre of lawn area and a % acre Koi pond. • Parking: All parking will be on-site. No on street parking will be allowed. There is over %Z acre dedicated to on-site parking. This area will park approximately 85 cars. During wedding events there will be 3 hired parking attendants to guide and insure safe and easy access to and from the facility. • Noise: Music from wedding events will start around the 6 pm hour and will be turned off no later than 9:45 pm. Last dance will be called at 9:30 pm. Music noise levels will be closely monitored by the owners of the facility. • Dust: Activities at this site should not produce any fugitive dust that will be a nuisance to attendees or area residences. Parking area will have wood fiber on the ground rather than gravel or road base which can be dusty. • Lighting: All lighting on and around the facility will be adequate for public health, safety and welfare. All lights within 50 feet of any neighboring property structures will have light guards or night -sky protection. Light trespass on adjacent parcels will not be permitted per the County's requirements. • Fire Protection: The site will have adequate fire extinguishers as prescribed by County Code. Butte County Fire Sub -Station located on Highway 32 is the closest Fire station. • Sanitation: The facility offers a total of 6 restrooms to the visiting guest. Two of the 6 are ADA compliant. If you have questions about the neighborhood meeting, please feel free to contact Principal Planner, Stacey Jolliffe, at siolliffe@buttecounty.net or 530-538-6573. W-FIN11 Y Connect jenniferdobbs@comcast.net + Font Size - 0 FW: 2915 Kennedy Ave as a Proposed Commercial Wedding Venue . From : Jonathan Day <JDay@csuchico.edu> V Subject : FW: 2915 Kennedy Ave as a Proposed Commercial Wedding Venue To : jenniferdobbs@comcast.net ' here it is . From:.Day, Jonathan Sent:'Sunday, May 26, 2013 2:46 PM To: tsnellings@buttecounty.net; sjolliffe@buttecounty.net; cthistlethwaite@buttecounty.net Cc: Iwahl@buttecounty.net; mkirk@buttecounty.net; MDay Subject: 2915 Kennedy Ave as a Proposed Commercial Wedding Venue Dear Mr Snellings: Mon, May 27, 2013 08:11 PM! I reside at 1437 Muir Avenue and share a property line with the property referenced above. The proposed use of this property does not conform to the regulations of SR 24-175. I insist that the conditional use permit (UP13-0005) for this property is denied and that no temporary permits be granted. Supplemental use regulations 24-175 is designed to promote ag related business in the county. The table grape production claimed by the applicants (July - Oct) does not coincide with the wedding operations May- Oct): A wedding is currently scheduled for June 15th at this property. To my knowledge no permit has been issued, or if it has, the property owners in the area were not informed of the process or the decision. Regardless, this does not constitute an ag related business and does not conform to this regulation and cannot be granted a permit under this regulation. • 24-175 stipulates under section D. (Use regulations a - f), activities permitted involve sampling, processing, and growing of fruit. The only commercial use granted under section 2a. Additional uses, is a restaurant. This is for an industrial facility with no on-site fruit production. The proposed activities for this site do not conform to this regulation. e Sections E 3 and F 9 require that the on-site parking must be separately permitted under Article 19 Special events category. No such permit has been granted to my knowledge. Section F Operational standards item 7 provides for amplified music between the hours of loam and 7pm. The applicants state that music will continue past 930pm. This does not conform to the regulations and cannot be permitted. Furthermore no provisions by which the county will monitor the decibel level (60 db. max at the nearest property line) have been delineated. Section F item 8 Special events: allows for weddings subject to the provisions of the following section. Section b: "All special events require a minor use permit for the first event and an administrative permit for all subsequent events.' Thus a conditional use permit is not appropriate for this facility and the process should be restarted to allow for the correct permitting process and no operations should be allowed until that process i5 complete. Section c: hours of operation shall not exceed 12 hours day. Proposed use is from Friday evening through 10 am Sunday morning. These hours of operation do not conform to the regulations for special events. Section d:" No more than 100 people at any one time as part of a special event." This includes service and facility employed personnel as well as the public. The 200 person limit stated by the applicant is not allowed and thus any permit must be denied. Section e: No more than 6 special events per calendar year are allowed for a small facility. The current proposed use is for 4 per month from May - Oct. This is not permitted under the current regulation. Industrial facilities can have more events but this property is not an industrial facility because it has on-site fruit production and it is not designed to encourage agricultural activities in the county. In addition to the violations of the county planning and land use regulations above, we who live near this property are seriously concerned that the Planning Commission is not being sensitive to nuisance, environmental, and liability problems the county faces if •this commercial establishment is allowed to open. Air quality; living in an agricultural area, air quality is already an issue. Bark is not a suitable parking substrate and will break down and become dust adversely affecting air quality. To enter the property all cars must travel on a gravel road. This is a serious dust issue for local residents. Particularly for the poor neighbors that have to share the road. What about their rights and safety? We have additional concerns about the parking... how can a wedding with vendors and 200 guests park in 85 designated parking _.places. Where will the overflow parking be? A previous event last year had cars parked all over Kennedy Ave including private property. grid working orchards. Claims by the applicants that parking will be controlled are so far groundless. Ir Kennedy Ave is a narrow road and we are concerned about our children, families, and animals being hit by a car. We are worried •about accidents due to the increased traffic volume. We are concerned for our safety walking on the streets where we live when a wedding is over and people are driving after drinking. Loud guest behavior after an event is a fear and a genuine danger to public safety. Given the cutbacks in the sheriffs office, nobody has any illusions about getting a prompt response to any illegal activity by the county sheriff. Why add to the problem with yet another "low brow" Chico party venue? To us, this is a lot more than a "NOT IN MY BACKYARD" issue. We are concerned about the traffic volume at the Kennedy Ave and HWY 32 intersection. The intersection is already dangerous and having a huge increase in people driving on Kennedy Ave will only make this worse. We have the same concerns about the other two intersections that would be effected by the operation of this facility. The Muir Ave and HWY 32 which is also dangerous, as well as Meridian and HWY 32 intersections will be subjected to increased weekend volume. We are greatly concerned about our water quality being affected. 200 guests for 20 weddings add up to an extra 4000 people per year who will be using the newly constructed outhouses on the property. We don't know if these facilities are legal or anything about the impact the septic and drain fields (if present) will have on our local water. Our water is already at risk and has nitrates. Ms. Jolliffe's notice of a neighborhood meeting sent to the local residence makes mention of an environmental review and subsequent public hearings. Will they take place before the June 15th event at the property in question? If not, this is unacceptable to residents of this neighborhood. We are concerned about the noise and outdoor area lights clearly visible from my property. The current property owners frequently leave these on all night. Loud recorded music is commonly heard coming from this property even without a "special event" in progress. We have no reason to accept the claims of the property owners with respect to the way they will conduct business. We are equally certain that any redress of these issues through county offices will not be practicable if this commercial concern is allowed to operate in an agricultural zone. In summary, we feel the noise of a commercial wedding venue will be detrimental to the public health, safety, welfare, and peace and quiet of the inhabitants of the neighborhood that surrounds the proposed wedding venue. We are concerned about our rights as neighbors; our right to clean air, our right to a peaceful neighborhood that we currently enjoy, our right to safe passage on the streets that we live on. We are concerned about our property being damaged as we hear what has happened to properties around the other wedding venues in Chico. We are concerned about losing our property value or not being able to sell our homes because" who wants to live next to a wedding venue." • Finally we are extremely troubled that the property owners have able to expend large amounts of time and money to significantly alter the use and appearance of land zoned A5 to the point they have; to a point I would have not thought possible. They have advertised and booked events without county permission. We expect an explanation from our county supervisors and the planning personnel responsible. Sincerely yours, Jonathan Day 1437 Muir Avenue Chico, CA 95973 0 Fes_ Jollifie, Stacey From: Calarco, Pete Sent: Friday, May 31, 2013 5:58 PM To: Jolliffe, Stacey; Snellings, Tim; Thistlethwaite, Charles Subject: RE: Confirmation of Ordinance requirements and direction on UP13-0005 Stacey, Tim had forwarded this message to me. While I was not at the neighborhood meeting or the discussion below and have not been as connected with the project flow, I thought I would chime in on a few issues raised. The Flores' will be in violation of County Code if they choose to hold more events. Generally, the approach on code enforcement cases is when the owners diligently pursue compliance, we will not take the next step on the code enforcement process. This department has been consistent in this approach on code enforcement cases (including, for example, the Universal life Church which was appealed to the Board; and Birdhouse House Concert where they chose not to file a use permit and we continued with code enforcement, then they asked for provisions in the draft Zoning update, then appeared before the Board, then we received Counsel direction that it was not a zoning issue after all) . Holding off on additional code enforcement approach does not mean that we are concluding that is it permitted or authorized —just the opposite. By doing so, we are declaring that they are/will be in violation but will not pursue additional code enforcement measures if they are progressing toward compliance (usually taken as having filed the appropriate applications and providing staff with required information in a timely manner). As to how to connect the Use Permit process to a code amendment on noise, I think there are ways to condition the Use Permit on the amended'code or the code in effect. At It does not mean that the PC or BOS would agree to a later hours of noise -just because the ordinance would'be"amended to allow this. As within any use permit, staff may recommend or the hearing body may be more restrictive with the conditions. While not a direct comparison (since the wedding use permit is not the applicant for the code amendment), the golf course project use permit was conditioned upon the applicant's own rezone application. At this point, I think Chuck or Tim may have the specifics in terms of content and timing of the code amendment. My general understanding is that it will be on a timeframe for August before the Board (?). From: Jolliffe, Stacey Sent: Wednesday, May 29, 2013 4:11 PM To: Snellings, Tim Cc: Thistlethwaite, Charles Subject: Confirmation of Ordinance requirements and direction on UP13-0005 Tim: As a follow-up to the discussion this morning, (1) please confirm or clarify that Tim has directed that amplified music will be allowed at the Creek Haven vineyard Estate after 7:OOpm (past cutoff time described in BCC 24-175 F.7) until 9:45pm as described by applicants Robin Flores and Mark Medearis in their Use permit application UP13-0005 from now until a determination on the use permit is made. The applicants have scheduled and will hold seven wedding events prior to action on the use permit which will have amplified music after the noted cutoff time. Since I noted that the noise ordinance requires a lower maximum noise level of 50dB average during this timeframe, and heard no direction to address this with the applicants, (2) 1 would also like to confirm my assumptions that you do not wish me to request of the applicants that music during the 7:00 pm to 9:45pm timeframe be lowered to the 50dB maximums average noise levels discussed in section of the noise ordinance. Please let me know if I've gotten any of that wrong. As discussed yesterday, it does not appear that the existing code allows for amplified music during this timeframe, and Tim will be proposing code amendments to BCC 24-175 F.5 and the noise ordinance to remedy this for the Flores/Medearis situation as well as other wedding venues. Chuck mentioned he thought Tim wanted to delay the hearing on the Use permit to take advantage of the proposed code amendment. I did not hear that. (3) Can you please confirm whether we will be delaying the use permit hearing (discussed as August 22 last night at the neighborhood meeting) to take advantage of a proposed code amendments to allow the hours of amplified music proposed by UP13- 0005? When would that be? And if you will allow a bit of explanation, read on. If not, stop here! ... Since the proposed code amendment would not be in effect for the August 22, 2013 Planning Commission contemplated for this proposal, I noted that 'it is not legal' or, as I should have said, I do not believe we have code authority to authorize the applicants to continue the amplified music during this 7:00pm to 9:45 timeframe because neither the Planning Commission or Board of Supervisors is currently in the position to grant that request inconsistent with BCC 24-175 F.7 (That is what I understood from our meeting yesterday). So, as project planner of a contentious project with neighbors lawyering up, I felt I needed to inform you that I thought it was a mistake. I apologize that my frustration with your lack of response or acknowledgement to these concerns showed through in the very blunt "it is not legal." You offered no explanation or interpretation as to how to allow/support the amplified music continuing to 9:45pm for seven events prior to action on the use permit. I was frustrated that several attempts to lead you to this conclusion on your own, by noting the above facts, appeared to be dismissed without consideration. (At the time, I took this as dismissive of my years of experience and role as project planner, and I felt disappointed that you not respect my opinion more so as to consider it. Other communication problems were in evidence in that meeting, too, as you told me I was making no sense, and all of this led me to be more blunt than acceptable to you. I apologized for that, and as noted below and will stop trying to point out these problems more than once. I will try not to take your style of communication personally in the future, and simply confirm what is needed in writing, like I have done above. Or, let me know if you have a better way. Thanks for the opportunity to explain. I will return to working in this environment peacefully with a little disagreement as possible. Hope that will helps. Stacey Jolliffe Principal Planner Butte County Dept of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-6573 direct (530) 538-7785 fax (530) 538-5359 planning counter Email: siolliffe@buttecountv.net Website: www.buttecounty.net/dds DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto. From: Jolliffe, Stacey Sent: Wednesday, May 29, 2013 9:58 AM To: Snellings, Tim Subject: sorry to anger you. Today, as a follow-up to our meeting yesterday, I was genuinely trying to communicate what I thought I have to offer to our current planning process: Innovation, not just execution. I though those words would resonate with you and you 2 would be ab`Ie to understand our conversation from yesterday, that we need to have different/better tools (practices, regulations, approaches to our regulations) if we want different/better results. I was wrong to have tried again. I heard you do not see my point in either abstract terms, or in past examples. And perhaps, not even in my request to be involved in issues earlier when discussions are ongoing and flexibility is still available, as opposed to after a call has been made and we are marching in that direction. I also heard that you do not want to have this conversation again, that I should make any suggestions to Chuck. I will not bother you with suggestions about how I might improve our current planning practices, but rather just forward them to Chuck or let them go in deference to the status quo. If I can be of assistance in some way you see fitting, please let me know. I am happy to execute directions. I will leave the innovation (and the discussion of it) to others, unless otherwise directed. I am sorry that I have failed so miserably in communicating with you. I assure you I find it as frustrating as you do. Stacey Jolliffe Principal Planner Butte County Dept of Development Services 7 County Center Drive Oroville, CA 95965 (530) 538-6573 direct (530) 538-7785 fax (530) 538-5359 planning counter Email: siolliffe@buttecountv.net Website: www.buttecounty.net/dds DISCLAIMER: This e-mail and any attachment thereto may contain private, confidential and privileged material for the sole use of the intended recipient. Any review, copying, or distribution of this e-mail (or any attachments thereto) by other than the County of Butte or the intended recipient is strictly prohibited. If you are NOT the intended recipient, please contact the sender immediately and permanently delete the original and any copies of this e-mail and any attachments thereto. 40 -