HomeMy WebLinkAbout4093 1 Ordinance No. 4093
2 An Ordinance adding Section 24-175.2, entitled "Special Events
3 Facilities", to Chapter 24, entitled "Zoning" of the Butte County Code
4 The Board of Supervisors of the County of Butte ordains as follows:
5 Section 1. Section 24-175.2 is hereby added to Chapter 24 of the Butte Count
6 Code to read as follows:
7 Section 24-175.2 Special Events Facilities
8 A. Purpose. This section establishes a permit process and standards for the
9 development and operation of special event facilities accessory to a
10 owner's primary residence, or manager' s residence if the manager is
11 responsible for running the special event facility, applicable to the
12 zones identified below. These provisions are necessary to reduce impacts
13 to surrounding properties so that special event facilities do not result
14 in an incompatible land use.
15 B. Definitions.
16 1. Special Event. A Special Event is a celebration, ceremony,
17 wedding, reception, corporate function, or similar activity for the
18 benefit of someone other than the property owner that takes place
19 on a periodic basis, involving the gathering of individuals
20 assembled for the common purpose of attending a special event. Uses
21 that are accessory to a single-family residential use includin.
22 private parties, gatherings, and similar activities that are not
23 subject to a use agreement between a private individual or grou.
24 and the homeowner are not defined as a special event and are not
25 regulated under this section.
26
27 2. Special Event Facility. A Special Event Facility is a facilit
28 where special events are permitted to occur under this section.
Page - 1
1 Special event facilities are subject to .a use agreement between a
2 private group or individual and the facility owner. The facilit
3 owner may or may not charge a fee for the use of the facility suc
4 as for a fundraiser for a charitable non-profit organization.
5 Facilities may operate entirely within a structure, outside of a
6 structure, or both inside and outside a structure. Facilities must
7 include improvements to accommodate special events, includin.
8 access and circulation improvements, parking areas, water supplies
9 and sewer systems, gathering areas, and other physical improvements
10 necessary to accommodate special events.
11 C. Applicability. The provisions set forth under this section apply in the
12 AG (Agriculture) , TM (Timber Mountain) , RR (Rural Residential) , F•
13 (Foothill Residential) , and VLDR (Very Low Density Residential) zones.
14 This section does not apply to the special event permit process provide.
15 for under Butte County Code Section 24-175, Winery, Olive Oil, Fruit an.
16 Nut, Micro-Brewery and Micro-Distillery Production Facilities, includin•
17 facilities permitted under County Ordinance No. 3815, Section 1
18 (Wineries) , or Butte County Code Chapter 12, Article III, Outdoo
19 Festivals.
20 D. Exemptions. The following activities shall be exempt from the provisions
21 of this section:
22 1. Temporary Activities. Temporary activities defined under Butte
23 County Code Section 24-174.
24 2. Accessory Uses. Uses that are accessory . to a single-famil
25 residential use including private parties, gatherings, an.
26 similar activities that are not subject to a use agreement
27 between a private individual or group and the homeowner.
28 3. Religious Facilities, as defined under the Zoning Ordinance.
Page - 2
1 4. Parks and Recreational Facilities, as defined under the Zonin.
2 Ordinance.
3
4 E. Permit Process. All Special Event Facilities as described under this
5 section require the approval of a Minor Use Permit. The Minor Use Permit
6 application shall include a detailed plot plan, description of all uses,
7 an exhibit map showing the location and distance of the facility to thz
8 closest surrounding sensitive receptors such as single family residences
9 and other housing types, and shall comply with the Special Event Facilit
10 Standards set forth under this chapter. The applicant shall submit a
11 deposit in an amount necessary for the County to undertake a noise stud
12 and/or traffic and circulation study that will be completed in compliance
13 with the California Environmental Quality Act (CEQA) .
14
15 F. Special Event Facility Standards. Special event facilities are subject
16 to the following operation and development standards at all times:
17 1. Event Management Plan. Owner/operator shall maintain an event
18 management plan that includes but is not limited to all
19 applicable conditions of approval, approved Use Permit and plot
20 plan, traffic management plan, exhibit map showing all closest
21 surrounding sensitive receptors, and all other operational
22 limitations. A copy of the event management plan shall be
23 provided to the Department of Development Services and must be
24 available for on-site inspection at all times.
25 2. Noise Control.
26 a. Noise Standards shall be regulated in accordance with Butte
27 County Code Chapter 41.A Noise Control.
28
Page - 3
1 b. The County may conduct field-testing to verify noise levels, or
2 the County may require the operator to hire an acoustical
3 consultant to conduct field-testing. For evaluating conformanc=
4 with the standards of this section, noise levels shall be
5 measured in accordance with Butte County Code Chapter 41A. Noise
6 Control.
7 3. Traffic and Circulation. The Minor Use Permit shall include a
8 traffic management plan. The traffic management plan shall b-
9 approved for traffic safety by the Department of Public Works. The
10 traffic management plan shall include the following requirements
11 and standards:
12 a. Approved access conforming to County improvement standards as
13 determined by the Department of Public Works.
14 b. Adequate ingress and egress shall be provided for all emergenc
15 vehicles to the satisfaction of the Butte County Fire Department
16 and Public Works Department.
17 c. The event site access connection to a County maintained roa+
18 shall meet the minimum requirements as identified in the Count
19 Improvement Standards as determined by the Department of Public
20 Works.
21 d. A traffic control plan to ensure an orderly and safe arrival,
22 parking, and departure of all vehicles and to ensure that traffi
23 will not back-up or block private easements, county roads,
24 intersections, or private driveways.
25 e. A parking attendant (s) shall direct traffic into the facilit
26 and towards available parking during the arrival of guests.
27 Attendants shall direct traffic leaving the facility at the
28 conclusion of the event.
Page - 4
1 f. The location of all temporary direction signs on drivewa
2 entrance and within parking lots to ensure orderly flow o
3 traffic. Temporary directional signs shall be placed prior to
4 all events and promptly removed at the conclusion of the event.
5
6 4. Operational Limitations. The following operational limitations
7 apply to all Special Event Facilities:
8 a. Special Event facilities shall be operated accessory to the
9 owner's primary residence or manager's residence if the manage
10 is responsible for running the special event facility. N•
11 Special Events Facility shall be permitted where no residential
12 use exists on the property.
13 b. No special event facility shall be allowed to exceed a
14 attendance level of 500 people, or last longer than 2 days, not
15 including set-up and take down.
16 c. The special event duration shall not exceed 12 hours per day,
17 within an operational period limited to the hours of 7 :00 am t.
18 10:00 pm, except on Saturdays and Sundays, which are limited t.
19 a 9:00 am start time.
20 5. Public Health. Special Event Facilities shall provide a potable
21 domestic water supply and an on-site sewage disposal or sewer
22 service connection necessary to accommodate all special events
23 to the satisfaction of the Public Health Department.
24 6. Setbacks. The following setbacks shall be maintained at all
25 times:
26 a. No event facilities shall be located closer than 30 feet fro
27 a property line, unless a greater distance is required unde
28 the zone or a greater distance is identified as being necessar
Page - 5
1 under the minor use permit to ensure compatibility wit
2 surrounding sensitive receptors.
3 b. All temporary structures such as tents, stages and dance floors
4 shall abide by all setbacks, and their use must be identifie.
5 on the plot plan.
6 7. Lighting. All lighting shall comply with the followin.
7 requirements:
8 a. All outdoor lighting associated with the special event shall b-
9 turned off by 11:00 pm. Parking lot lighting may remain on for
10 a longer period if specified under the minor use permit.
11 b. Outdoor lighting shall comply with Butte County Code Article 14 .
12 Outdoor Lighting in order to reduce light trespass and glare.
13 Outdoor lighting shall be located, adequately shielded, an.
14 directed such that no direct light falls outside the propert
15 line, or into the public right-of-way.
16 8. Signage. All signage shall comply with the followin•
17 requirements:
18 a. One sign up to 24 square feet is permitted per facility, subject
19 to the General Standards for signs set forth under Butte Count
20 Code Section 24-104 .
21 b. Temporary directional signage is allowed during event activities
22 as well as to slow traffic if placed outside of the county right-
23 of-way.
24 c. The sign shall be a wall-mount or monument style, and shall not
25 be internally illuminated or electronic but may be indirectl
26 illuminated.
27 9. Dust Control. Fugitive dust shall be minimized by reducin•
28 vehicle speeds on driveways and parking areas and, during visibl
Page - 6
1 dry conditions, the application of water or other approved dust
2 palliative.
3 10. Parking. On-site parking shall be provided in accordance wit
4 the "Special Events" category under Article 19 (Parking an•
5 Loading) : 1 space per 4 seats or 1 space for every 4 persons
6 based upon maximum building occupancy, whichever is greater.
7 Parking shall also be in accordance with Section 24-94 (B) .
8 Parking for Persons with Disabilities.
9 11. Neighbor Notification. Notification to neighbors of event
10 scheduling shall be accomplished as follows:
11 a. In lieu of the 300-foot notification required under Section 24-
12 259(B) (1) (c) the Department of Development Services shall
13 provide the mailed notification to all owners of real propert
14 within 1, 200 feet of the exterior boundaries of the parcel that
15 is subject to the hearing, 30 days prior to the date of a hearin.
16 to consider a minor use permit.
17
18 G. Development Standards Applicable to the Agriculture (AG) Zone. In additio
19 to the Special Event Facility Standards as set forth under this chapter,
20 the following additional standards shall apply to the Agriculture (AG)
21 Zone:
22 1. Special event facilities in the Agriculture (AG) zone shall b-
23 accessory to the agricultural use and the owner' s, or manager' s
24 residence, if the manager is responsible for running the special event
25 facility. No Special Events Facility shall be permitted where n•
26 residential use exists on the property.
27
28
Page - 7 •
1 2. Special event facilities are permitted in Agriculture (AG) zones onl
2 when not requiring new permanent improvements and when not interferin.
3 with agricultural operations.
4 3. Special event facilities shall not convert agricultural land to a
5 alternative use for the purpose of developing or expanding a special
6 event facility.
7 4 . Special event facilities shall be reviewed for compliance with an
8 applicable Williamson Act Contract.
9 5. An Agricultural Maintenance Plan shall be submitted in accordance wit
10 Section 24-13 (B) .
11 6. Special Event Facilities are not permitted on parcels that are less
12 than 10 acres in size.
13 7 . Owner shall sign a declaration acknowledging the right-to-far
14 pursuant to Butte County Code Chapter 35 (Protection of Agricultural
15 Land) indicating that facilities may be subject to inconveniences
16 related to agricultural activities taking place on adjacent
17 properties.
18 H. Permit Revocation or Modification. Any permit may be revoked, or conditions
19 of the approval modified, as provided for under Butte County Code Sectio
20 24-251.
21 I. Complaints. Any person making a complaint relating to this section must
22 file a complaint form provided by the Department of Development Services.
23 J. Findings. The following factors shall be assessed in the processing an.
24 review of a minor use permit application pursuant to this section. No minor
25 use permit application shall be granted unless the review authority finds
26 that the special event facility, as approved, 1) complies with the standards
27 and operational limitations set-forth under this section, and, 2) will not
28 be incompatible with surrounding land uses:
Page - 8
1 1. The design of the special events facility in terms of its physical
2 and operating characteristics.
3
2. The intensity of the use proposed and density of the surroundin.
4
area, including the size of the parcel proposed for the special event
5
facility and the size of surrounding parcels.
6
7 3. The distance to surrounding sensitive receptors, including
8 residences, from the special event facility.
9
4. The type of sound generated by the special event facility and whethe
10
the facility includes an allowance for amplified music, non-amplifies
11
music or no music, and the location where amplified and non-amplifies
12
music may take place.
13
14 5. The location of noise producing activities such as stages, part
15 areas, speakers, temporary tents, and dance floors, including whether
16 such activities may take place entirely within enclosed structures,
17 partially enclosed structures, or in outdoor areas and thei
18 proximity to surrounding sensitive receptors.
19
6. The allowed number of events per year, frequency of events, an•
20
allowed number of guests that may occupy the site at any given time.
21
22
23
24 Section 2. Severability. If any provision of this Ordinance or the
25 application thereof to any person or circumstances is for any reason held to be
26 invalid by a court of competent jurisdiction, such provision shall be deeme•
27 severable and the invalidity thereof shall not affect the remaining provisions
28
Page - 9
1 or applications of the Ordinance which can be given effect without the invali•
2 provision or application thereof.
3 Section 3. Effective Date and Publication. This Ordinance shall take
4 effect thirty (30) days after the date of its passage. The Clerk of the Boar.
5 of Supervisors is authorized and directed, before the expiration of fiftee
6 (15) days after its passage, to publish this Ordinance once, with the names of
7 the members of the Board of Supervisors voting for and against it, in the
8 Chico Enterprise Record, a newspaper published in the County of Butte, State o
9 California.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Page - 10
1
2 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
3 State of California, on the 24" day of March, 2018, by the folLowLng vote:
4 AYES: Supervisors Connelly, Kirk, Lambert and Chair Teeter
5 NOES: Supervisor Wahl,
6 ABSENT: None
7 NOT VOTING: None
8
9 Doug Teeter, Chair of the
10 Butte County Board of Supervisors
11 ATTEST:
12 PAUL HAHN, Chief Administrative
13 0Mcer and Clerk of the Board
14
15
16
1 BY
18 Deputy
19
20
21
22
23
24
23
26
27
28
Page - 11