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HomeMy WebLinkAbout#PC 22-07 RESOLUTION MUP19-0005Page 1 of 10 RESOLUTION NO. PC22-07 A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT MUP19-0005 (Terry Alexander) WHEREAS, the Planning Commission has considered Minor Use Permit MUP19-0005, to establish a special event facility, pursuant to Butte County Code section 24-175.2, to host outdoor celebrations, wedding ceremonies, receptions, corporate functions, and other similar events on a 10-acre property at 15081 Meridian Road, 2 miles north of State Highway 99 and 3.6 miles north from the City of Chico; Assessor Parcel Number: 047-100-106; and WHEREAS, the Planning Commission has considered an Initial Study and Mitigated Negative Declaration in accordance with the California Environmental Quality Act (CEQA); and WHEREAS, said Minor Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on March 24, 2022; and WHEREAS, the Planning Commission has considered public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: I. Adopts a Mitigated Negative Declaration with the following findings: A. An Initial Study was completed in compliance with CEQA. Said Study identified potentially significant environmental effects and included mitigation measures that would mitigate such effects below significant levels. B. The Planning Commission has considered the Mitigated Negative Declaration, together with comments received during the review process. C. On the basis of the whole record before the Planning Commission, including the Initial Study and any comments received, there is no substantial evidence that the Minor Use Permit, Planning Division File No. MUP19-0005, with conditions and mitigations here attached, would have a significant effect on the environment. D. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. E. The Mitigated Negative Declaration reflects the independent judgment and analysis of Butte County, which is the Lead Agency. II. Finds that collection of fees pursuant to Fish and Game Code Section 711.4 is required, prior to filing a Notice of Determination for the project, unless the project proponent provides verification from the California Department of Fish and Wildlife that the project is exempt from the fee requirement. If a required fee is not paid for a project, the project will not be operative, vested or final and any local permits issued for the project will be invalid (Section 711.4 (c)(3)). Page 2 of 10 III. Approves Minor Use Permit MUP19-0005 subject to the following findings and the conditions of approval found in Exhibit "A": Special event facilities findings, identified in Butte County Code section 24-175.2, that the project complies with the standards and operational limitations set-forth under this section, and, will be compatible with surrounding land uses: 1. The design of the special events facility in terms of its physical and operating characteristics. The facility is located on a 10-acre property in a rural area with large agriculture-zoned parcels ranging from 5 to 40 acres. Density established for this area is 20 acres pursuant to the General Plan and Zoning Ordinance. 2. The intensity of the use proposed and density of the surrounding area, including the size of the parcel proposed for the special event facility and the size of surrounding parcels. The facility is located on a 10-acre property in a rural area with large agriculture-zoned parcels ranging from 5 to 40 acres. Density established for this area is 20 acres pursuant to the General Plan and Zoning Ordinance. 3. The distance to surrounding sensitive receptors, including residences, from the special event facility. The designated event area encompasses approximately 1acre situated in the rear yard in the center of the property. The approximate distance of the nearest sensitive receptors from the designated event area are as follows: 215 feet north (4921 Jake Rd.); 608 feet northwest (4961 Jake Rd.); 697 feet west (15085 Meridian Rd.); 726 feet east (15077 Meridian Rd.); and 1,030 feet southeast (15069 Meridian Rd.) The July 6, 2021, noise assessment evaluated the predicted noise levels to the nearest residences and compared those event-related noise levels against the applicable Butte County noise standards. The noise assessment results found that implementing noise reduction measures reflected in Mitigation NOI-1 would ensure compliance with Butte County noise thresholds. 4. The type of sound generated by the special event facility and whether the facility includes an allowance for amplified music, non-amplified music or no music, and the location where amplified and non-amplified music may take place. Amplified music and sound will occur in the designated event area. The project proponent will monitor amplified music and sound to comply with Butte County Noise Standards in Butte County Code Chapter 41A. Conditions are incorporated into the permit, pursuant to a professional noise assessment, requiring the project proponent to take specific measures to comply with the Noise Control Ordinance standards. 5. The location of noise producing activities such as stages, party areas, speakers, temporary tents, and dance floors, including whether such activities may take place entirely within enclosed structures, partially enclosed structures, or in outdoor areas and their proximity to surrounding sensitive receptors. The designated event area is outdoors in the rear yard of the residence and situated in the center of the 10-acre property. Speakers used for outdoor amplified music shall be directed Page 3 of 10 away from the nearest sensitive receptor as required under permit conditions. Additional measures to control onsite noise-generating uses are implemented through permit conditions. 6. The allowed number of events per year, frequency of events, and allowed number of guests that may occupy the site at any given time. The facility will host up to 10 events per year with a maximum of 100 guests per event. Events will be approximately 4 hours in duration and finish by 10 pm. Events will be primarily held on weekends (Saturday-Sunday), with some events held on weekdays (Monday-Friday). IV. Make the following findings in support of granting approval, pursuant to Butte County Code Section 24-222: A. The proposed use is allowed in the applicable zone. The project site is zoned Agriculture – 20-acre minimum (AG-20), which allows for Special Event Facilities with the approval of a minor use permit, pursuant to Butte County Code Section 24-175.2., and compliance with applicable development standards in Butte County Code. 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. Implementation of permit conditions for noise, traffic, lighting, parking, and dust control, would ensure that the project will be compatible with the surrounding agriculture and residential land uses. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The structures, buildings, and property for the proposed use will incorporate applicable fire safety, building code, environmental controls, and domestic water and onsite wastewater service standards that will ensure public health and safety hazards are appropriately addressed and implemented prior to operation of the use through permit conditions of approval. D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. The project site is served with existing infrastructure, including access roads, driveways, parking facilities, wastewater, and domestic water services that County agencies have reviewed with responsibility for these services and infrastructure and found adequate to serve the proposed use. 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. The 10-acre project site has physical characteristics capable of accommodating the project, including maintaining adherence to applicable zoning, building, and exterior noise standards that would ensure compatibility with surrounding agricultural and residential uses. V. The project is consistent with the applicable Goals and Policies of the Butte County General Plan, as presented in the General Plan Consistency Review included in the staff report. Page 4 of 10 DULY PASSED AND ADOPTED this 24th Day of March 2022, by the following vote: AYES: Commissioners Donati, Flicker, Hansen, Schleiger, and Chair Roethler NOES: ABSENT: ABSTAIN: ______________________________ Ruby Roethler, Chair Butte County Planning Commission ATTEST: _____________________________ Michal Hanson, Secretary Planning Commission County of Butte, State of California Page 5 of 10 EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION DATE: MUP19-0005 PERMIT NO. 047-100-106 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: Terry Alexander is hereby granted a Minor Use Permit (MUP19-0005) to establish a special event facility to host outdoor celebrations, wedding ceremonies, receptions, corporate functions, and other similar events on a 10-acre property situated in an Agriculture (AG) zone. The facility will have up to 10 events per year with a maximum of 100 attendees. Events will be approximately 4 hours and be over by 10 pm, with event breakdown and outdoor lighting off by 11:00 pm. Most events will be held on weekends (Saturday-Sunday); however, some events may be held on weekdays (Monday-Friday). Outdoor events will be held on the existing lawn area adjacent to the onsite residence. Events may include the use of temporary tents and amplified music. However, no permanent onsite improvements are proposed. Parking for events would utilize a fenced pasture area located onsite, adjacent to the residence, on the northeast corner of the property. The parking area can accommodate up to 25 vehicles, and potentially more if needed. The event operator will provide portable bathroom and handwashing facilities for guest use. Portable facilities will be located adjacent to the event area or in the proposed parking area. Portable restrooms are self-contained units that would be rented during the events and are not permanent fixtures of the property. The event operator may also supply potable water from an in-service well during the event. Drinking water for events would be provided by bottled water and/or vendor-provided water. Amplified music and sound may be utilized during events and will be regulated under Mitigation Measure NOI-1 to ensure compliance with the County Noise Control Ordinance and compatibility with neighboring residential uses. Parking for events would utilize the pasture area on the northeast corner of the project site and adjacent to the residence, which can accommodate up to 25 vehicles and potentially more if needed. The applicant prepared a Traffic Management Plan for the operation. The proposed plan includes parking valets and attendants and temporary directional signage to direct traffic. I. GENERAL REQUIREMENTS, CONDITIONS AND RESTRICTIONS: 1. Failure to comply with the conditions specified herein as the basis for approval of application and issuance of permit constitutes cause for the revocation of said permit in accordance with the Page 6 of 10 procedures set forth in the Butte County Zoning Ordinance, including Butte County Code section 24-251. Permit Revocation and Modification. 2. Unless otherwise provided for in a special condition to this Minor Use Permit, all conditions must be completed prior to or concurrently with the establishment of the granted use. The use granted by this permit must be established within two years of the date of approval. 3. Changes to this Minor Use Permit may be approved in accordance with the requirements of Butte County Code section 24-246. Changes to an Approved Project. 4. If any use for which a Minor Use Permit has been granted is not established within two years of the receipt of the permit by the Permittee consistent with conditions of approval herein, the permit shall become null and void and reapplication pursuant to Butte County Code section 24-248. Resubmittals shall be required to establish the use previously granted under the expired permit unless, 30 days prior to the expiration date, a request for a one year extension is submitted to the Planning Commission together with sufficient evidence that the time limits for processing development permits under federal or State regulations require time limits which exceed one year. Upon application, and for good cause by the Permittee, at a public hearing pursuant to Article 36 of Butte County Zoning Code, the Planning Commission may extend any time limit previously made a part of any condition to a Minor Use Permit. 5. The terms and conditions of this permit shall run with the land and shall be binding upon and to the benefit of the heirs, legal representatives, successors, and assigns of the Permittee. 6. Neither the applicant nor any agent nor representative of the applicant shall intentionally omit or misrepresent any material fact in connection with the application. Any alleged material misrepresentation shall constitute grounds for the Director of Development Services to commence a revocation hearing and, if proven to exist, shall constitute sufficient grounds to revoke the permit. II. CONDITIONS OF APPROVAL: 1. Mitigation Measure NOI-1: The following measures are required for this project to achieve adjusted County daytime (7 am to 7 pm) and evening (7 pm to 10 pm) noise thresholds: 1) During daytime events, the overall average sound levels from music shall not exceed 67 dB at a point 50 feet in front of the speakers. During evening events, the overall average sound levels from the music shall not exceed 62 dB at a point 50 feet in front of the speakers. 2) All amplified music/speech shall conclude by 10 pm. 3) Speakers shall be positioned in the designated event area and oriented to the south. 4) A maximum of one (1) subwoofer shall be used during amplified music events. 5) Custom speaker enclosures (i.e., acoustically-lined plywood boxes open only on the side facing the audience) shall be utilized to minimize sound flanking in the northerly direction. 6) Event management shall procure a Type 2 sound level meter and periodically monitor sound levels at the 50-foot reference distance during events to ensure compliance with the daytime and evening event sound levels noted in Item 1. Page 7 of 10 All noise emissions resulting from the use shall comply with the requirements of Butte County Code Chapter 41A [Noise Control]. If complaints regarding excessive noise levels are received by the Butte County Development Services Department, the Department may investigate and assess whether the alleged noise levels exceed the noise standards, including through the preparation of an acoustical analysis. If the acoustical analysis determines that noise levels generated by the use have exceeded applicable County noise standards, the applicant shall implement noise attenuation or other measures as recommended by the acoustical professional including, but not limited to, increased setbacks, installation of sound barrier walls or noise berms, and any other changes or improvements necessary to reduce noise levels to conform to applicable County standards. Noise Investigation cost recovery shall be pursuant to Butte County Code Section 41A-19. Plan Requirements: This measure shall be included as a condition of approval. Timing: The mitigation shall be applicable during all event activities. Monitoring: The developer and the Department of Development Services shall be responsible for ensuring compliance with this mitigation and shall respond to all complaints of noise. Butte County Department of Development Services 2. The applicant shall construct and operate the project in strict compliance with the approvals granted herein, County standards, local ordinances, and in compliance with all State and Federal laws, regulations, and standards. In the event of a conflict between County laws and standards and a State or Federal law, regulation, or standard, the stricter or higher standard shall control. 3. The approved use shall be developed and maintained in substantial conformance with the approved site plan and operations plan on file with the Butte County Planning Division. Changes to the approved project may be approved pursuant to Butte County Code section 24-246. Changes to an Approved Project. 4. The applicant shall maintain an event management plan that includes but is not limited to all applicable conditions of approval, approved Use Permit and plot plan, traffic management plan, exhibit map showing all closest surrounding sensitive receptors, and all other operational limitations. A copy of the event management plan shall be provided to the Department of Development Services and must be available for onsite inspection at all times. 5. The applicant shall obtain all necessary building permits from the Butte County Building Division for any proposed improvements to be constructed at the project site. The applicant shall submit building plans and specifications prepared by a California registered design professional (engineer or architect) demonstrating compliance with California Building Code requirements. 6. A maximum of ten (10) events with up to 100 attendees are allowed in one calendar year. The project proponent shall be responsible for keeping an accurate count of attendees, including any staff, vendors, etc., for each event. 7. No single event shall exceed 12 hours per day and occur more than two consecutive days. 8. Events shall be held on weekends (Saturday-Sunday) between 9 am and 10 pm, and on weekdays (Monday-Friday) between the hours of 7 am and 10 pm. Event breakdown will be completed, and any outdoor lighting associated with events will be turned-off by 11:00 pm. Page 8 of 10 9. The use of amplified music and sound shall be limited to the designed venue area identified in the approved site plan. Speakers used during outdoor amplified music and sound shall be directed to the south. 10. A minimum of 25 onsite parking spaces shall be available for each event on the property. All parking areas shall conform to the applicable requirements of Butte County Code section 24-91 et seq. [Parking and Loading]. Parking located over any grass surface shall be regularly mowed to a maximum height of three inches to reduce the potential for fire. A minimum of 1 parking space shall be developed for the physically disabled. 11. The applicant shall maintain a current Traffic Management Plan for the approved event facility. The plan shall include exhibits and descriptions of parking areas, internal access roads, and their connections to private or public access roads. The plan shall include all measures implemented to ensure an orderly and safe arrival, parking, and departure of vehicles to ensure that traffic will not back up or block private easements, county roads, intersections, or private driveways. The plan shall discuss the use of parking attendant(s) to direct vehicles into and out of the facility and the location of all temporary direction signs on driveway entrances and within parking lots to ensure the orderly flow of traffic. The Traffic Management Plan shall meet to the satisfaction of the Department of Public Works and Department of Development Services. 12. A parking attendant shall direct vehicle traffic into the facility and towards available parking during the arrival of guests and direct traffic leaving the facility at the conclusion of the event. 13. The applicant shall use best management practices to control fugitive dust from unpaved roads, driveways, and the parking area generated by vehicular traffic accessing the facility. Best management practices include, but are not limited to reducing vehicular speed, the regular application of water as a dust suppressant immediately before and during scheduled events, or the application of a dust palliative in accordance with the manufacturer's recommendation. 14. All exterior lighting shall comply with all requirements of Chapter 24, Division 4. – Outdoor Lighting (Section 24-62 et. seq.) of the Butte County Code. Exterior lighting shall be located, adequately shielded, and directed such that no direct light falls outside the property line or into the public right-of-way. Flashing, flickering, or other lighting that is distracting or may be confused with traffic or emergency signals is prohibited. 15. No temporary structures such as tents, stages, and dance floors are permitted outside designed venue areas or within thirty (30) feet from a property line. 16. The property owner shall record a declaration acknowledging the right to farm, pursuant to Chapter 35 of the Butte County Code (Agricultural Statement of Acknowledgement). The acknowledgment contained in the right to farm disclosure, including that the event facility may be inconvenienced from agricultural operations such as noise, odors, fumes, dust, smoke, insects, operation of machinery during any time of day or night, storage and disposal of manure, and ground or aerial application of fertilizers, soil amendments, seeds, and pesticides, shall be included in facility rental agreements. 17. If agricultural uses are established on the subject property, the applicant shall submit an Agricultural Maintenance Plan that identifies the agricultural uses and how the applicant will maintain agricultural activities during special events. The Agricultural Maintenance Plan is subject Page 9 of 10 to approval by the Director of Development Services in consultation with the Butte County Agricultural Commissioner. 18. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing fees. Butte County Environmental Health Division 19. Portable Toilet units are allowed for this special event facility. A minimum of 1 toilet is required for 50 people in attendance, 2 toilets are required for up to 100 people. • Portable toilets must be kept clean and sanitary before and during any special event. • Portable toilets must be emptied after each event by a certified wastewater pumper or sooner as needed in the case of full conditions. • Portable toilet usage must comply with the Butte County On-Site Wastewater Manual, Part Three, Ch. 17.C.3. Portable toilets must be provided by a professional portable toilet company and serviced by a certified wastewater pumper. A current contract with a certified wastewater pumper must be provided at the beginning of each year to indicate who will be servicing the portable toilet units. • Portable handwash stations must be provided in conjunction with portable toilet use. A minimum of one handwash sink per two toilets shall be provided. Potable water must be provided by a professional service company and used in the handwash sink dispensers. Waste water shall not be allowed to discharge to the ground surface. 20. No onsite water source is approved for handwashing or drinking. This does not exempt the owner from applying for an onsite well and water use in the future, according to further conditions stated. When there is no approved water source, onsite potable water shall be provided at all handwash station spigots throughout the duration of any event. The quantity of water provided shall never be less than the intended use for proper handwashing. When there is no approved water source, onsite drinking water shall be provided through the use of commercially bottled water supplies. The facility owner shall always have a minimum of 10 gallons of commercially bottled water on site during any special event. If a well is proposed for the intention of using the water for human consumption at the special event facility its design and construction must be in conformance to all relevant County and state codes. The use of any well on site must be assessed by the Butte County Environmental Health Division for qualifications as to whether it is a public water system well and therefore required to meet all relevant construction standards. If an onsite well is determined not to qualify as a public water system well, at a minimum annual bacteriological sampling must be done and water must meet potable drinking water standards. Other constituents may be required to be sampled for at the discretion of the Butte County Environmental Health Division. Sample results must be submitted to Butte County Environmental Health during the first quarter of every calendar year. 21. Food intended for private parties shall be provided by licensed caterers or by the party itself. All community events that are open to the public shall be permitted by the Butte County Environmental Health Division. Page 10 of 10 22. Garbage generated at the facility shall be kept in non-leaking containers with lids and removed from the premises weekly. Garbage produced on a daily basis shall be bagged and sealed. Butte County Fire Department/Cal Fire 23. Provide all-weather access of at least 10 feet wide for residential, 20 feet wide for commercial, and 15 feet vertical clearance that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to within 150 feet of all structures. 24. A Fire Safety and Evacuation Plan shall be prepared and maintained per California Fire Code Chapter 4, Sections 403 and 404. The emergency plan shall include: (1) the evacuation procedure in the event of an emergency, (2) procedures for medical emergencies, (3) procedures for any other type of emergency, and (4) training procedures for staff on how to implement the emergency plan. Prior to beginning operations, the applicant shall provide a draft emergency plan to the Butte County Fire Department / Cal Fire for review. The final version of the emergency plan shall be prepared to the satisfaction of the Butte County Fire Department / Cal Fire. 25. All enclosed tents and large canopies, larger than a personal use camping style, are required to be California State Fire Marshal approved design and constructed. Individual vendor pop-up canopies are okay. Tents in excess of 400 square feet or canopies (open on all sides) exceeding 700 square feet must be State Fire Marshal approved and installed in accordance with the California Fire Code. Prior to use, the facility shall be inspected by the Butte County Fire Department/CDF and shall meet the requirements of CCR Title 19. 26. Prior to use, the facility shall be inspected by the Butte County Fire Department/CDF and shall meet the requirements of CCR Title 19. Butte County Public Works Department 27. Prior to special event use, the applicant shall obtain an encroachment permit and improve the approach from the unnamed road to Meridian Road as specified in the county improvement standards and the terms of the encroachment permit. 28. Prior to special event use, the applicant shall provide a street name sign for the unnamed road per requirements of the Department of Public Works. Street names shall be reviewed by the county address coordinator and one name for the new street shall be recommended to the Board of Supervisors for approval. A minimum of five alternate names for each new street shall be submitted. 29. Prior to special event use, the applicant shall obtain an Encroachment Permit for sign placement and temporary traffic control to manage vehicles entering and exiting the site during the festival. No volunteers shall be allowed to control traffic unless they have been trained in temporary traffic control operations. Depending on the size of the event, the Encroachment Permit may include placing multiple advance warning signs alerting travelers of the event traffic, as well as other conditions preventing queuing in the County right of way. To secure an application, please contact the Butte County Public Works at (530) 538-7681. 30. Prior to special event use, the applicant shall provide a fully executed road maintenance agreement for all non-publicly maintained access roads on the county approved form.