HomeMy WebLinkAbout2830Grdinance ~o. 2~3Q
~ AN ORDZNANCE AMLNDING ARTICLE II2 ENTITLED
OIITDQOR FESTNALS OF CHAPTER Z 2 OF THE Bi]TTE COIINTY CODE
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THE BOARD OF SUPERVTSORS 4F THE COUNTY OF BUTTE, STATE OF
3 CAI,IFORNIA, ORDA~NS AS FOLLOWS:
`~ Z. Secta.on 1.2-2~.1 zs hereby added to the Butte Coun~.y
5 Code to read as follows:
6 Sec. 12--25.1. Purpose
~ The pu~pose of this Arti.cle is ta regulate ontdoor festivaZs
~ as defined in Section 12-~25.2. Such festivals are of a temporary
9 na.ture and sha1.1 be exempt from the provi.sions o~ Chapter 24 of
1~ ~his code i~ a~icense is issued pursuant ~o this Artic~.e and
~~ complied wi~.h. Regulation of ou~doar festivaZs is necessary to
12 insure that they ar~ not ~nreasonably incompat~ble with, or
~3 injurious to, surrounding properties or d~trimenta~ to the hea3.~h
~4 and gen~ral we~fare af persons residing or working a.n the
15 ~ezghborhood or to the general. hea~.th, welfare and safe~y a~ the
1~ aunty.
1! 2, Section 12-25, entitled "'Outdoor Festivals' de~ined",
1~ f the Butte County Code is hereby repealed.
ly 3. Section J.2-25.2 is her~by added to th~ Bu~te County
~~ ode to read as folZows:
~~ ection 12-24.2. Outdoor Festiva~.s defined.
y2 For the purpose o~ this article, "outdoor festivals" sha~.l
`~~ ean any o~tdaor gathering which will ir~cZude ~or 3 hours or mor~
9~ 00 or more indiv~.duals for th~ purpase of particzpation in or
~~ therwise attending a musical, theatrica~ or other type of event.
~~ n outdoor ~estival does not include: any event conducted at
`'7 arks, fai.rgrounds or other outdoor facilities improved with
~~ dequate permanent facil.ities to accammodate ~he anticipated
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participants and attendees, with the permission of the person or
agency which has ownership or j~risd~ct~on thereof; events of a
type which are already permitted under an existing, valid use
permit or are otherwise permitt~d within the app~~cable ~oning
district; or any festivities conducted under the a~spices of a
;school diSt~iCt~ recreation district, or a county memoria~ ha~1."
4. Section 12-26 0~ the Bu~te County Code is hereby
ed to read as foZlows:
12-26. Application for license and fee - Contents.
~~ It shal~ be un~.awful ~or any individual, partnership or
~~ corporatian ~a operate, mai.ntain, conduct, advertise, sell or
~2~~furnish t~ckets or other types of written authority for admission
13 to any outdoor festiva~ in the una.ncorporated area of the County
14 of Butte, Ca3.ifornia, unless he, they or it shall first obtain a
~5 lice~se from ~he Coun~y of Butte to operate or conduct such
1~ festival.
i! Application for a license to conduct an outdaor festival
~~ shal~ be made in writing ta the board af supervisors o~ the
~y County o~ Butt~, accompanied by a non-refundab7.e application ~ee
~~ of one hundred doilars t$100.00), plus a fee of $300.a0 for
2~ en,vi.ranm~ntaJ. review purs~ar~t to Section 7.2-26.1, and filed with
~~ the county tax coll.ector and sha11 contain the fallowing
°~ in~ormatian:
`-''~ (~) The name, age, residence, mail.ing address and te~ephone
?~~ umber of ~he applica~.t. ~~ the application a,s made by a
`~~ par~nership, the names and addresses o~ all genera]. partners
`'~ shall be inci.uded. T~ the applicant is a corporataom, the
`'~ ppl~catian shall be signed by the presiden~ and attested to by
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1~~the secretary thereof and shaJ.~ contaiFa. the names and addres~es
9 of a11 corporate office~s and a certified copy of th~ arti.cles o~
3 incorporation sha11 be attached to the application. The address
~ nd telephane number of the princ~pal. pl.ace of business o~ the
~ applicant sha11. also be inc~uded in the application.
~ (2} The ~ocat~.on and legal d~scription o~ the pr~mises
~ here ~he outdoor festi.val is proposed to be conducted, including
~ 11 ~ands to be used for parking or other uses incid~ntal to th~
~ autdoor activity. The applicant sha].1 sub~nit proof of ownership
~~~lof said prem~ses or the written consent of all owners thereof far
~~ he proposed use.
~2 ( 3) The date or dates and the hours during which the
13 festival is to be conducted.
14 ( 4) An estimate of the ~axi~nu~n number of spectators,
15 artic~.pants and other persons ~xpected to attezzd the outdoor
1~ ~estival and ~ach day it is conduc~ed.
li (5) A detailed explanata.on of the appl~cant's program and
~~ lans to provide securi~.y protec~ion, water supply, food supply,
1~ anita~ion facilities, medical facilities and services, vehicJ.e
2~ arking space, vehicle access (including written parmission of
~~ ~~roperty owx~ers on any pri,vately maintained roads which wi7.l be
~2 ~~utilized for ~ngress or egress} and on and off--sit~ traffic
`-'~~~ontral, fire protect~on and use and control of public address
`'~ systems. ~f it is proposed o~ expected fi.hat spectators or
`~5 articipan~.s wi~l remain at night or overnight, the ar~angements
9~ for a.~luminati.ng th~ premzses and for camping or simil.ar
`'7 acilities, shall also be explain ed. The applicant's plans to
~~ rovide ~or numbers of individuals in excess of the esfimate, and
~ provisions ~or c~eanup of the premis~s and removal o~ rubbish
~ a~ter the ~vent has concluded, sha1~ be included.
3 (6) A detailed exp~anation of the app~icant's plan ~or
~ olicing the activity with particular emphasis on the control amd
~ Arevention of a~coho~ic and drug consumption, vpen fxres, fire
6l~works and fire arms.
7 Such application shall be filed with the B~tte County Tax
~ Collector at 7.east ninety {90) days prior to the time indicat~d
~ for the commence~nent of ~h~ pl.anned activity. The Tax Collector
10 sha11 review and subma.~ such application to the Boa~d of
1~ Supervisors, and no license sha1.1 be issued by the Tax Collector
12 ntil he is a~thorized to do so by order of the Board of
l3 Supervisors at a regular me~ting of th~ said Board.
14 ~. Sec~ion 12-25.1 is hereby added ~.o the Butte Co~znty
l5 ode to read as foll.ows:
i6 ec. 12--26.1. Environmental Review.
lr Upon receip~ of a completed application for an outdoor
18 ~estiva~ permit, the tax callector sha1J. refer the application ~o
19 he Planning D~partment, which shall review the application to
~0 etermine whe~he~ or not the outdoor fes~ival i~ a pro~ect which
2~ 's categorically exempt from the California Environmental Qua~ity
~2 ct, gursuant to Section 15304 {e) of the State Guidelines ~or
`-'3 ~mplementation of CE4A, as a ininor temporary use of land and
`?4 aving neg].igible or no permanent e~fect an the environmen~, Zf
25 final. determination is made that th~ outdoor festival is no~
~~ ategorica3.Zy exemp~, ~hen the Tax Co~leatar shai~. deny the
`'7 ppl.icatioxz. If a fina~. determina~ion i s made that the outdoor
2~~~festiva~ ~s categorz~cally exempt, then processing of the
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application sha~~ continue,
~~~ 6. Sec~ion 12-27 of the Butte Coun~y Code is h~reby
~~~amended to read as follows:
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Section 12-27. Same - Fixing Time for Hearing, Investigataon and
5 Report.
6 Upon receipt of a connplete application and the application
7 fee, the t~ col.lector shail request the Board of Supervisors to
~ se~ a time and da~.e for a public hearing. The Board o~
~ Supervisors sha11 set the application for a public hearing at a
~~ regul.ar meeting o~ the Board o~ S~.perv~sors, not less than
1~ thirty (30) ~zor more than sixty (60) day~ ~hereafter, and shall.
12 give not Iess than ten (IO) days writt~n notice thereof to the
~~ pplicant. ~n addita.on, the alerk af the Board o~ Supervisors
1~ shall gi.ve notic~ o~ the time, date and p~ace of said heara.ng,
15 incZuding a general. expl.ana~ion of the appi.ication to be
1~ con~idered and a general description of the area affected a~
~~ Ieast 10 days before the hearing in the following manner:
Z~ (i) Notice sha11 be publish~d at least ance in a newspaper
1~3 ~ gen~ral circulation, published and circu~ated in the county;
~~ ~2) ~n addition, notice of the hearing shall be given by
21 ail or delivery to all persons, including businesses,
~2 orporations or oth~r publa.c or p~ivate ent~ties, shown or~ the
`'~ ast equaliz~d assessment rose as either vwning real property
`-''~ ithin three hundred (300) ~eet of the property which is the
~5 ubject of the application, or owning one of the ~en parce~s of
`~~ ea~ prope~ty c3.osest ta the subject property, whzchever results
~~ ' n the most persons being notified.
`'~ The clerk of the Board of Supervisors shall give notice o~
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hear~ng and copies of the app~zcation to the Sher~ff, th~
ry Cali~ornia Highway Patrol, the County Heal~h Of~icer, ~he
3 Direc~or of Pub~~c Works, the P~anning Director, th e County Fire
~ Warden, and the Butte Co~nty Air Pallution Control Of~zcer, who
5 shaZZ invest~gate the matter and report in writing to the Board
6 of Supervisors not Iater ~han the time set ~or the hearing, with
~ approp~iate r~commendatio~s concerning conditions and issuance or
~ deniaZ o~ the Iicense.
~ 7. Sectian 12-28 0~ the Butte Connty Code is hereby
~~ ended to read as fo~lows:
~1 Section i2-28 Same-Hearing.
~2 The Board of Supervisors shall consider the docu~nenta~y and
~~ testimonia~ evidence of witnesses presented at said hearing,
~~ including a13~ repo~~s of investigation and shall thereafter grant
15 he license without condi.tions or with conditions which must be
1~ met, including security required from tha applicant as a
~! uarantee that the condit~.ons wi].1. be met, be~ore a Iicense is
18 granted.
1`~ If conditions a~e imposed by the Board, the applicant sha11
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`'~ fizrnish or caus~ to be fuarnished to said Tax Collector proof that
~i 11 condit~ons have been met, and th~ required security has been
~2 iven, before the licens~ n~ay be issued by said Tax Callec~or.
9~ Security reqta.ired by ~he Board of Supervisors may include
`~~ he posting o~ an indemnity bond and/or a per~ormance bond in
`'~ favor of the County in cvnnection with the operation af an
?~ utdoor ~estival as defined in this Article. Such bond o~ bonds
`'~ haii be prepared by a corporate bonding com.pany authoriz~d to do
~~ usiness in the State of Cali~orr~ia by the Department a~
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Insurance, in an amount determined by the Baa~d of Supervisars of
But~e County. Said bond or bond~ shall indefnni~y the County af
But~.e, its agents, of~icers, ~mployees and the Board of
Superv~.sors of said County agains~ any and a~l loss, injury and
damage of any nat~re whatsoever arising aut of, or in any way
connected ~aith, said outdaox ~estival and sha~i indemnify against
7 loss, a.njury and dan~age to both person and property.
~ The Board of Supervisors may also require tha~. the applicant
9 rovid~ a corporate surety bond prepared by a corporate bonding
X~ company authorized to do business in the State of CaZifornia,
~1 indemni~ya.ng the County of Butte and the owners of praperty
12 adjoining the outdoor festival site for all costs necessitated by
~3 such activity to clean up and/or remove debris, trash, garbage or
~4 other waste from, in and aro~nd the premises. Such bond sha11 be
15 in an amount determined by the Butte County Board of Supex-visors
~~ in its discretion to be adequate to provide for such
1 ~ ~~indemni.fication.
~~ The Board af Supervisors may also require ~.he applicant to
~y btain and maintain p~b~ic ].3ability and property damage
2~ insurance in ax~ amount to be determined at the hearing.
2~ 8. Severability
~2 ~f any section, subsecti.on or portion of ~YL35 ordinance is
`-'~ ~or any reason held to be inva~.id or unconstitutiona~ by the
`-'`~ ecision of any court af competen~ jurisdiction, such decis~.on
9•`~ ha].1 not affect the va~idity of the reinain~.ng secta.ons,
9~ subsec~.ions, a~ portions o£ this orda.nance. The Board o~
~~ Supervisors hereby declares that i~ woul.d have adopted this
~~ rdinance and each section, s~.bsections, or portion ~hereof,
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irrespective of the fact that any one or mo~e section,
s~bsections or portions be declar~d inva~id or uncanstitutianal.
~ This ordinance shall be and it is hereby declared to be in
~ ful~ torce and effect fron~ and a~ter thirty (30) days after the
~ date of its passage, and before the expira~ion of ~ifteen {15)
~ ays after its passage, this Ord~nance sha11 be publ.ished once
~ ith the names of the members o~ the Board of Supervisors vating
~ far and a ain:st it in the ~rovi ~~e p p P
q ~arr_iir; , a news a er ublished in
9 the County of Butte, Sta~.e of Ca~ifornia.
~~ PASSED AND ADOPTED by the Board o~ Supe~risors o~ the County
1~ of Butte, State o~ California, on the 24th day of ~T, 1990,
~2 y the fol~.owa.ng vote:
13 YES: 5~pervisors McInturf, DoTan and Fultan
I4 OES: Npne
15 B SENT: Supervisors Vercruse and McLaughTin
16 OT VOTING: ~o~~
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ED McLAUGHLIN, haa.rman
18 Butte County B ard of Supervisors
19 TTEST:
ILLIAM H. RANDOLPH
~~ hief Administrati~e Officer
r~d Clerk of tha oard
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APPLYCATSON FOR OUTDOOR FESTZVAL LTCENSE
(Butte County Gode Sections 12~26 and 12-26•1)_
Applicant's name
Appl~cant's status (individual, *partnership, **corporation}
*If pa~tnership, attaah separate sheet with the names and addresses
o~ aL1 general pa~tners.
**If corporatian, attach separate sheet with the names of aIl
corporate officers and certified copy of Articles of Incorporati.on.
Appl.icant's residence address
Phone No.
Applicant's ~ailing address if other than residence address
Agp3.icant's principal place af business
Phone N~.
Applicant's interest in property (owner, less~e, other) - attach
proaf of ownership, lease, etc.
Owne~'s name and address if different than applicant - attach proof
of ownership and a~aner's written consent for the festival.
Festival. location:
Assessor' s parcel ( s) nuiNaer ( s)
Street address/location:
Lacation and size of parcel.(s) (including parking)
Legal description of parce~.(s) - attach.
Directions for trave~. to property (include written permission of
property owners on any privately ma~ntained roads to be used
Festival ro osa1:
date of birth
~ate(s) and hours o£ proposed festival
Application for ~utdoor Festival License
Page 2
Estimated maximum number of spectators, participants and other
attendees - each day
Description of proposed festiva~
D~scription of existing land use
A detailed plot plan o~ adequate scale ta c~early show existing and
proposed bui~dings and improvements to be used for festival
facilities, ~olded to 8-1/2" x~1 ", shal~ accompany and b~ made
part of the "Application for Outdoor Festival License." If the
license is approved, the plot p~an becomes a part of the license.
The plot plan shall include the following information:
a. A scaled drawing o~ the parc~l(s) boundaries.
b. Location and dimensions of all existing and proposed
improvements on the praperty.
c. Location and name of bordering streets, access ~oads,
nearby crossroads, streets, bodies of water and
railroads.
d. North arrow and scale o~ drawing.
*Detailed explanation of applicant's,proaram and plans:
Bui~ding construction (state dimensions, square footage and
materials used):
a.
Existing buildings
b. Proposed bui~dings
Will grad~ng (excavation ar fills) be necessary? If so, estimate
cubic yards
N~mher o~ employees/volunteers
Security protection
Water supg~y
Distance to natural water co~rse or storm drain
Anticipated on and off-site drainage improvements
Existing/proposed sanitation ~acilities including sewage disposal
method
Food supply
Application for Dutdoor Festival License
Page 3
Medical facilities and sez-vices
Vehic~e parking space (number of otf-street parking spaces
pravided)
On and off-site traffic control
Fire pratection
Proximity af water far fire fighting purposes (hydrants, ponds,
etc.)
Hazardous materials to be used (inflammables, explosivas or strong
chemicals)
Use and cantrol ot publ~c address systems
~f it ~s proposed or expected that spectators, participants or
oth~r attendeas w~ll remain at night or overnight, e~lain the
arrangements for illuminat3ng the premises and ~or camping a~
similar facilities
App~icant's plans to accammodata spectators, participants or other
attendees ~n excess ~f thos~ estimated
Provisions for c~eanup of the premises and remova~ of rubbish after
the event has conc~uded
A detailed explanation o~ the applicant's plan for policing the
£estival, with particular emphasis on the cantrol and prevention
of alcoholic and d~ug consumption, open fires, ~irewarks and
firearms
A lication for Outdoor Festival License
Paqe _4
*ENVIRONMENTAL IMPACTS
Identify potential.ly sa.gnificant environmenta]. impacts associated
with the festival.
*ENVIRONMENTAL SETTTNG
Describe the project site as it exists before the festival,
including information on topography, soi1. stabi~.ity, plants and
anianals, and any cultural, historical or scenic aspects. Describe
any ex~sting structt~res on the site, and the use of the st~uctures.
Describe the surrounding properties, including inf~rmation on
plants aand animal.s and any cultural, historical or scenic aspects.
Tnd~cate the type of ].and use (residential, commercial,
agricultural, etc.) intensity of land use (single family~
apartments, shops, department stores, etc.), and scale of
development {height, frontage, setback, rear yard, etc.).
I hereby dec].are under penalty of p~rjury that Z have read and
understand the above and that the faregoing statements are true,
complete and correct to the best of my knowledge and b~lief.
Date Appliaant~s signature
(~ndicate individual~ general partne~, or pres~dent
of corporation) {if president of corporation,
secretary of corporation must attest to signature}
~Use separate she~t for longer responses
CHECKLIST RE OUTDOOR FESTIVAL LICENSE APPL~CATION
{B~tte County Code Sections 12-25 through 12-31)
~f ~. Application received by Treasurer/Tax Coll~ctar
(data}.
~ 2. Application fee paid ($1~0).
[~ 3. Environmental review fee paid ($300).
~ 4. Application complete with a11 required attachments
on
(date) •
~ 5. Comp~eted application referred to Planning Department for
review on
(date)
~ 6.A. P1ann~ng Department determined ~estival not categoriaa~ly
exempt on
(date)
~ Treasurer/Tax Collector denied license applicata.on
on
(date) .
~ Treasurer/Tax Col~ector notifa.ed applicant of denial;
processing terma.nated
(date} ~
U 6.B. Planning Department determin~d festiva~ categoricall.y
exempt on , completed appl.ication referr~d ta
(date)
Board of Supervisors on to set hearing.
(date}
~ 7. Board of Supervisars on set public hearing for
(date)
, at .
(date) (tima)
0 8. Noti.ce of h~aring given as follows:
~ Publication
U Mai1. or delivery to persons owna.ng closest real
property (a7.1 within 300' or ofaners of ten parce~s,
whichever is most)
~J Sheriff
~ California Highway Patrol
~ County Hea~th Officer
Checkl~st Re outdoor Festival L~c~nse Application
Page 2
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~ 1.0 .
~I ~~.
( I ~a .
~ 13.
~ 14.
~ 15.
~ Direator of Public Works
~ Planning Director
~ F~re Warden ~
~ Air Pollution Control Officer
Board of Supervisors hearing he~d and license
~ granted U denied on .
(date}
License conda.tions met.
Security (bond) posted in amount of $
License fee paid at $150/day.
Licen~e issued
{date) ~
License revoked by Board on
(date) •
Festival susp~nded/closed by Sheriff on
(data)