HomeMy WebLinkAbout3815ORDINANCE NO. 3815
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AN ORDINANCE AMENDING CHAPTER 24 OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte, State of California, under
and pursuant to Section 24.25.40 of the Butte County Code of said County, ORDAINS, as
follows:
Section 1. Section 24-263 of the Butte County Code is hereby added in its
entirety to read as follows:
§24-263 WINERIES
A. Purpose and Intent: The purpose of this section is to establish policies, procedures,
and standards applicable to the development and operation of wineries. The goals
of this section are to: {i) encourage the establishment of wineries as a viable
economic activity in Butte County; {ii} encourage the activities associated with
wineries throughout the state that have enabled wineries to prosper, including
providing wine tasting for visitors and special events on site; (iii) encourage the
tourism industry in Butte County by providing an additional destination activity;
(iv} establish standards for the operation of wineries that will protect neighboring
properties and the environment in general, and are appropriate based on the size
and character of the winery operation under review; and {v) encourage agricultural
activities associated with the wine industry.
B. Apulicabilitx: The provisions of this Ordinance shall apply to all facilities operated
for the purpose of production of wine from grape or other products, including
facilities providing space and accommodation far wine tasting and special events.
C. Definitions: The following definitions shall apply in connection with the
interpretation and application of this Section:
(1} Small winery-commercial facilities: A commercial winery producing 7,500
or fewer cases of wine per year with on-site wine grape production.
(2} Lar a wine -commercial facilities: A commercial winery producing less
than 15,000 cases, and more than 7,500 cases of wine per year with on-site
wine grape production.
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{3) Very lar ewinery-commercial facilities: A commercial winery producing
15,000 or more cases of wine per year with on-site wine grape production.
(4) Winery-industrial: A winery located on a parcel that has no active on-site
wine grape production.
D. Permittin Re uirements: All wineries are subject to the following land use
permitting requirements in specified zone districts, in addition to all applicable
requirements of this Chapter.
Zone District Small Winery- Large Winery- Very Large Winery-
Minimum Commercial Commercial Winery- Industrial
acreage is 3 Less than Less than Commercial
acres except for 7,501 cases per 15,000 cases Unlimited cases
Industrial year per year per year
A-5 to A-160 AP MUP UP UP
AR to AR-10 AP MUP UP UP
FR-1 to FR-160 AP MUP UP UP
MR AP MUP UP UP
SR to SR-5 AP MUP UP UP
TM-1 to TM-160 AP MUP UP UP
SH AP MUP UP UP
U AP MUP UP UP
AP=Administrative Permit MUP=Minor Use Permit UP Use Permit
E. Small__Wfnery-Commercial Facilities: Provided that a parcel meets the
requirements specified in Section E-1 below, the parcel shall be entitled to the uses
described in Section E-2, in addition to any other uses allowed under the zoning
which applies to the parcel.
(1) Requirements:
(a) Landowner shall obtain the permit specified in Section D above.
(b) The parcel shall be licensed by State of California Department of
Alcohol Beverage Control, license Type 02 "Winegrower."
(c) The premises shall have a minimum parcel size of 3 acres.
(d) If the winery is accessed only via a private road, an Administrative
Permit is required, and shall require the applicant to pay its fair
share of the road maintenance costs.
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(e) Landowner 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.
(2) Allowed Uses:
{a} Growing and harvesting grapes and other products suitable for wine
processing and bottling of grapes and grape products produced on
the premises up to 7,500 cases per year.
(b} Processing and bottling of grapes and grape products produced off
the winery premises up to 7,500 cases per year.
(c} Sale of wine for consumption off premises whether grown or
produced on premises or off.
(d} Sale of merchandise related to wine or the winery.
{e) Wine tasting involving serving wine to the public for the purpose of
sampling the wine, subject to the following restrictions:
(i} Wine tasting shall be limited to three days per week.
(ii) No buses or tour vans shall be allowed.
(iii) Notwithstanding Section 24-240 Parking Regulations a
minimum of four and a maximum of 10 paved or unpaved
parking areas shall be provided in addition to any required
for the handicapped pursuant to Section 11-29B of the
California Building Code. Covered and garage parking shall
not count towards the total maximum parking. No on-street
parking shall be allowed.
(iv} Use of outdoor amplified music shall be prohibited.
(v) Sanitary facilities and domestic water shall be provided
pursuant to the requirements of environmental health
department.
F. Lar e Winer -Commercial Facilities: Provided that a parcel meets the
requirements specified in Section F-1 below, the parcel shall be entitled to the uses
described in Section F-2, in addition to any other uses allowed under the zoning
which applies to the parcel.
(1) Requirements:
(a} Landowner shall obtain the permit specified in Section D above.
(b} Landowner shall comply with all the requirements of SmaII Winery-
Commercial Facilities.
{2) Allowed Uses:
(a) All uses allowed in the Small Winery-Commercial Facility
numbered E-2 {a} through 2 (d).
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(b} Wine tasting involving serving wine to the public for the purpose of
sampling the wine, subject to the following restrictions:
(i) Use of outdoor amplif ed music shall be prohibited.
(ii) Sazutary Facilities anal domestic water shall be provided
pursuant to the requirements of environmental health
department.
(iii} Notwithstanding Section 24-240 Parking Regulations, a
minimum of four and a maximum of 20 paved or unpaved
parking places are required in addition to any required for
the handicapped pursuant to Section 11-29B of the
California Building Code. Covered and garage parking
spaces do not count towards to the total maximum parking
place requirement. One parking place per employee is
requiured. No on-street parking is allowed.
(iv) Bus and van access is permitted provided that there shall be a
minimum of seven car-sized parking places and adequate
access to accommodate bus turning movements.
(c) Sit-down restaurant type food service is permitted with a separate
Use Permit.
(d) Special events such as weddings, dances, assemblies and craft fairs
shall be allowed subject to the following restrictions. At special
events the sale of non-wine related goods shall be permitted.
(i} No such special events shall be permitted on land designated
Orchard or Field Crop by the General Plan.
(ii) Any such special event shall require a sepazate Minor Use
Permit for the first event and an Administrative Permit for
each subsequent similar event. The permit for the special
event shall specify the following:
(a) Specific date.
(b) Specific hours of operation with a maximum of 12
hours per day.
(c) No more than 200 people per event at any one time.
(d} No more than 12 special events per calendar year are
allowed.
(e) Such other restrictions as Butte County may deem
prudent.
G. Very L arge_Winery-Commercial Facilities: Provided that a parcel meets the
requirements specified in Section G-1 below, the parcel shall be entitled to the uses
described in Section G-2, in addition to any other uses allowed under the zoning
which applies to the parcel. .
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(1) Requirements:
(a} Landowner shall obtain the permit specified in Section D above.
(b} Landowner shall comply with all the requirements for a Large
Winery-Commercial Facility.
(2) Allowed Uses:
(a) All uses allowed under the Large Winery-Commercial Facility.
(b) Production of wine without quantity limitation.
(c) Parking subject to Use Permit conditions.
(d) Bus and van access subject to Use Permit conditions.
(e) Unlimited number of special events. Such special event shall
require a separate Minor Use Permit for the first event and an
Administrative Permit for each subsequent similar event. The
permit for the special event shall specify the following:
(i} Specific date.
(ii) Specific hours of operation with a maximum of 12 hours per
day.
(iii) No more than 200 people per event at any one time.
(iv) No more than 12 special events per calendar year are
allowed.
H. Winery-Industrial: Provided that a parcel meets the requirements specified in
Section H-1 below, the parcel shall be entitled to the uses described in Section H-2,
in addition to any other uses allowed under the zoning which applies to the parcel.
(1) Re uirements: Landowner shall obtain the permit specified in Section D
above.
(2) Allowed Uses:
a) All uses allowed for the Very Large Winery-Commercial facility.
b) Production of wine and grape juice from grapes exclusively
produced off premises.
I. Si~,na~e:
(1) Signage in connection with the operation of any winery allowed in this
Section shall be subject to review and approval as part of the permit review
procedure required for such winery.
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{2) Ofd site signs for wineries may be permitted, provided that any such
signage shall be permitted only in conjunction with the Administrative
Permit, Minor Use Permit, or Use Permit, with appropriate conditions.
SECTION 2. This Ordinance shall be and it is hereby declared to be in full force and
effect from and after thirty (30) days after the date of its passage, and 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 Record, a newspaper 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 26thday of February , 2002, by the following vote:
AYES: Supervisors Beeler, Aolan, Haux, Yamaguchi. and Chair .7osiassen
NOES: None
ABSENT: Drone
NOT VOTING: None
CUR JOSIASSEN, CHAiR
County Board of Supervisors
ATTEST: LAWRENCE ODLE, Interim Chief Administrative
Officer and Clerk of the Board
By
eputy
Pursuant to Government Cade Section 25124•(c):
Publication date -• March 2L, 2002
Effective date -April 21•, 2002
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