HomeMy WebLinkAbout2017-05-01 RFD17-0001 HRCBA Determination of Nonconforming Use Department of Development Services Tim Snellings, Director
Pete Calarco, Assistant Director
7 County Center Drive T: 530.538.7601
Oroville, California 95965 F: 530.538.7785 buttecounty.net/dds
May 1, 2017
Robert Catalano, President Honey Run Covered Bridge Association
Post Office Box 5201
Chico, CA 95927-5201
SUBJECT: RFD17-0001 (Honey Run Covered Bridge Association)
Request for Determination of Non-Conforming Use for the Honey Run
Covered Bridge – 1670 Honey Run Road, Chico (APN 017-200-072)
Dear Robert,
This letter is in response to your letter of April 17, 2017 requesting that a determination be
made that the use of the Honey Run Covered Bridge property as a special event facility and
private park be considered a preexisting nonconforming use for purposes of compliance with
the requirements of the Zoning Ordinance. A nonconforming use is sometimes referred to as a 'grandfathered use' in that it was established prior to zoning or other applicable
requirements.
Based on the information provided, I have determined that the Honey Run Covered Bridge
property located at 1670 Honey Run Road is a valid nonconforming special event facility and may continue, subject to the requirements in Article 22 of the Zoning Ordinance (see
attached).
BACKGROUND
Regulations regarding nonconforming uses and structures are listed in Article 22 of the
Zoning Ordinance:
• A nonconforming use or structure may be continued if it was legally established in compliance with all applicable regulations in effect at the time it was established (Butte County Code (BCC) §24-121 (A)).
• Any person asserting a right to a nonconforming use or structure has the burden of
proof to demonstrate the existence of the use prior to the establishment of the
applicable zone or regulation for which it is nonconforming (BCC §24-121 (C)).
RFD17-0001 Determination of Nonconforming Use for the Honey Run Covered Bridge Page 4
• A nonconforming use shall lose its legal nonconforming status if the use has been
discontinued for a period of 24 consecutive months (BCC §24-124 (A)(1)).
Section 24-175.2 (B) of the Zoning Ordinance defines a special event and a special event
facility as follows:
Special Event. A Special Event is a celebration, ceremony, wedding, reception, corporate function, or similar activity for the benefit of someone other than the
property owner that takes place on a periodic basis, involving the gathering of
individuals assembled for the common purpose of attending a special event. Uses
that are accessory to a single-family residential use including private parties,
gatherings, and similar activities that are not subject to a use agreement between a private individual or group and the homeowner are not defined as a special event and
are not regulated under this section.
Special Event Facility. A Special Event Facility is a facility where special events are
permitted to occur under this section. Special Event Facilities are subject to a use
agreement between a private group or individual and the facility owner. The facility owner may or may not charge a fee for the use of the facility such as for a fundraiser
for a charitable non-profit organization. Facilities may operate entirely within a
structure, outside of a structure, or both inside and outside a structure. Facilities must
include improvements to accommodate special events, including access and
circulation improvements, parking areas, water supplies and sewer systems, gathering areas, and other physical improvements necessary to accommodate
special events.
A copy of the complete requirements for a special event facility (BCC §24.175.2) is attached.
REQUIREMENTS FOR DETERMINATION OF NONCONFORMING USE
For the purposes of this determination, the use of the property at 1670 Honey Run Road as a special event facility is required to have been established prior to June 27, 1978 and not
discontinued for a period of more than 24 consecutive months. June 27, 1978 was the
effective date of Ordinance No. 1941 which rezoned the subject property from the A-2
(General) zone to FR-5 (Foothill Recreational – 5-acre minimum). In the FR-5 zone at that time, a special event facility and a private park could be permitted as a “private or outdoor
recreational facility on sites not less than five (5) acres.” In order to determine that the
property is a nonconforming special event facility, a history of the use of the property for
special events subject to a use agreement must be documented.
REVIEW OF DOCUMENTATION PROVIDED
In making this determination, the Department of Development Services has considered the
following information provided including your letter of April 17, 2017 (including supporting
information) and the applicable dates Butte County’s zoning ordinances as they relate to the
subject property.
RFD17-0001 Determination of Nonconforming Use for the Honey Run Covered Bridge Page 4
As noted in your letter of April 17, 2017, the Honey Run Covered Bridge Association (HRCBA) was formed in 1965 to preserve the bridge. The land adjacent to the bridge (1670
Honey Run Road, Chico (APN 017-200-072) was purchased and the HRCBA private park
was established in 1972.
Your letter documents that the first wedding was held at the HRCBA Park on October 15, 1972. Your letter notes that the private park has been continuously used for weddings and other special events such as funerals, end-of-life celebrations, anniversaries and family
reunions, and that donation fees are charged for such events. The April 17th letter includes
a substantial amount of documentation of the use of the property for special events and as
a private park from newspaper articles and a history of the HRCBA.
For the purpose of this determination, the use of the HRCBA property as a special event facility was established on October 15, 1972.
The subject property is currently zoned FR-20 (Foothill Residential – 20-acre minimum),
which requires the approval of a Minor Use Permit for a special event facility. At the time
the use of the property as a special event facility and private park was established, the subject property was zoned A-2 (General) under Ordinance No. 522 (8/29/55), as amended by Ordinance 676 (7/7/60). In the A-2 zone, all uses were permitted except for the following
listed uses which required approval of a conditional use permit:
a. Junk yards, secondhand stores, auto wrecking yards, used car lots, trailer· sales and
equipment sales.
b. Commercial distillation of bones, abattoirs, auction yards, commercial livestock feed yards, commercial millings, canneries, lumber and lumber processing, tanneries, fat
rendering, garbage fed commercial hog raising, food and agriculture product
processing plants.
c. Country clubs, golf courses, race tracks, drive-ins, ball parks, riding academies, bowling alleys, commercial amusement; enterprises, taverns, dance halls and other places of recreation of a similar character.
d. Commercial kennels and small animal hospitals and crematories.
e. Trailer courts, construction labor camps.
f. Commercial airports (excepting individual or private airports and those operated exclusively for agricultural purposes).
g. Cemeteries, crematories, mausoleums, or other places for the burial or other disposal
of the human dead.
h. Storage of inflammables (excepting for agricultural purposes).
i. Commercial or public dumping and disposal areas.
NONCONFORMING USES AND STRUCTURES 24-119
157
NONCONFORMING USES AND STRUCTURES Article 22.
Sections:
24-119 – Purpose
24-120 – Applicability
24-121 – General Provisions
24-122 – Nonconforming Uses
24-123 – Nonconforming Structures
24-124 – Loss of Legal Status
24-125 – Findings
24-126 – Appeals
24-119 Purpose
This article establishes regulations for nonconforming uses and structures. In addition, this article is intended
to:
A. Ensure that nonconforming uses and structures do not adversely impact neighboring properties;
B. Provide for a process to allow for the minor expansion of nonconforming uses and structures;
C. Allow for repairs and maintenance to nonconforming structures; and
D. Provide for the elimination of nonconforming uses as appropriate due to abandonment, obsolescence,
and destruction.
24-120 Applicability
This article applies to existing uses and structures which do not conform to the regulations of the zone in
which they are located.
24-121 General Provisions
A. A nonconforming use or structure may be continued if it was legally established in compliance with all
applicable regulations in effect at the time it was established.
B. To be considered legally established, a legal nonconforming use or structure shall have been physically
constructed or in existence, not merely contemplated. Conditional Use Permits, Variances, Building
Permits, or other permits not exercised within the required time do not establish the right to a legal
nonconformity.
C. Any person asserting a right to a nonconforming use or structure has the burden of proof to
demonstrate the existence of the use prior to the establishment of the applicable zone or regulation for
which it is nonconforming.
24-122 NONCONFORMING USES AND STRUCTURES
158
D. When approving a Minor Use Permit or another permit associated with a nonconforming use or
structure, the review authority may at its own discretion establish a date for either the termination of
the use or review of the Minor Use Permit.
24-122 Nonconforming Uses
A. Change in Ownership, Tenancy, or Management. A change in ownership, tenancy, or
management of a nonconforming use shall not affect its legal nonconforming status provided that the
intensity of use does not increase.
B. Resuming a Nonconforming Use. A nonconforming use changed to a conforming use shall not
return to a nonconforming use.
C. Replacement of a Nonconforming Use. A nonconforming use may not be replaced by another
nonconforming use.
D. Intensification of Use.
The enlargement of a structure or site occupied by a nonconforming use, or the intensification in 1.
any way of the operation of a nonconforming use, shall require the approval of a Minor Use
Permit.
To approve a proposed intensification to a nonconforming use, the Zoning Administrator shall 2.
make all findings in Section 24-125 (Findings).
24-123 Nonconforming Structures
A. Enlargements to Nonconforming Structures.
The enlargement of a nonconforming structure shall require the approval of a Minor Use Permit. 1.
To approve a proposed enlargement, the Zoning Administrator shall make all the findings in 2.
Section 24-125 (Findings).
B. Reconstruction
Reconstruction of a legal nonconforming structure that has been demolished or destroyed shall 1.
begin within one-year and shall be completed within three-years.
The reconstructed structure shall not exceed the original structure in regards to maximum height, 2.
floor area, encroachment into setbacks and other property characteristics as determined by the
Zoning Administrator.
The Zoning Administrator may approve an extension of two additional years to complete 3.
reconstruction of the demolished structure.
If reconstruction is not completed by the specified time limit, the property shall be deemed 4.
abandoned.
NONCONFORMING USES AND STRUCTURES 24-124
159
24-124 Loss of Legal Status
A. A nonconforming use or structure shall lose its legal nonconforming status if:
A nonconforming use has been discontinued for a period of 24 consecutive months; or 1.
A nonconforming structure has been vacant for a period of 24 consecutive months. 2.
B. Based on Subsection A above, the Zoning Administrator may determine that a nonconforming use or
structure has lost its legal status and shall mail a notice to the property owner and occupant.
C. The property owner or occupant may appeal the determination of the Zoning Administrator to the
Planning Commission within 15 days of the mailing of the notice. The appeal shall be filed and heard
as provided in Article 37 (Appeals and Calls for Review).
24-125 Findings
The Zoning Administrator may approve a Minor Use Permit for a nonconforming use or structure if all of
the following findings can be made in addition to the findings in Article 31 (Conditional Use and Minor Use
Permits):
A. Available evidence indicates that the nonconforming use or structure was legally established.
B. The nonconforming use or structure has not resulted in a notable negative impact or nuisance to the
surrounding area.
C. The nonconforming use or structure is compatible with the general character of the surrounding area.
D. The proposed action is compatible with the purpose and intent of the applicable zone.
24-126 Appeals
Any decision on a requested modification to a nonconforming use or structure may be appealed as allowed by
Article 37 (Appeals and Calls for Review).
Page 1
24-175.2 - Special events facilities.
A. Purpose. This section establishes a permit process and standards for the development and operation
of special event facilities accessory to an owner's primary residence, or manager's residence if the manager is responsible for running the special event facility, applicable to the zones identified below.
These provisions are necessary to reduce impacts to surrounding properties so that special event facilities do not result in an incompatible land use.
B. Definitions.
1. Special Event. A Special Event is a celebration, ceremony, wedding, reception, corporate
function, or similar activity for the benefit of someone other than the property owner that takes place on a periodic basis, involving the gathering of individuals assembled for the common
purpose of attending a special event. Uses that are accessory to a single-family residential use including private parties, gatherings, and similar activities that are not subject to a use agreement
between a private individual or group and the homeowner are not defined as a special event and are not regulated under this section.
2. Special Event Facility. A Special Event Facility is a facility where special events are permitted to occur under this section. Special event facilities are subject to a use agreement between a private
group or individual and the facility owner. The facility owner may or may not charge a fee for the use of the facility such as for a fundraiser for a charitable non-profit organization. Facilities may
operate entirely within a structure, outside of a structure, or both inside and outside a structure. Facilities must include improvements to accommodate special events, including access and
circulation improvements, parking areas, water supplies and sewer systems, gathering areas, and other physical improvements necessary to accommodate special events.
C. Applicability. The provisions set forth under this section apply in the AG (Agriculture), TM (Timber Mountain), RR (Rural Residential), FR (Foothill Residential), and VLDR (Very Low Density Residential)
zones. This section does not apply to the special event permit process provided for under Section 24-175, Winery, Olive Oil, Fruit and Nut, Micro-Brewery and Micro-Distillery Production Facilities,
including facilities permitted under County Ordinance No. 3815, Section 1 (Wineries), or Chapter 12, Article III, Outdoor Festivals.
D. Exemptions. The following activities shall be exempt from the provisions of this section:
1. Temporary Activities. Temporary activities defined under Section 24-174.
2. Accessory Uses. Uses that are accessory to a single-family residential use including private parties, gatherings, and similar activities that are not subject to a use agreement between a
private individual or group and the homeowner.
3. Religious Facilities, as defined under the Zoning Ordinance.
4. Parks and Recreational Facilities, as defined under the Zoning Ordinance.
E. Permit Process. All Special Event Facilities as described under this section require the approval of a
Minor Use Permit. The Minor Use Permit application shall include a detailed plot plan, description of all uses, an exhibit map showing the location and distance of the facility to the closest surrounding
sensitive receptors such as single family residences and other housing types, and shall comply with the Special Event Facility Standards set forth under this chapter. The applicant shall submit a deposit
in an amount necessary for the County to undertake a noise study and/or traffic and circulation study that will be completed in compliance with the California Environmental Quality Act (CEQA).
F. Special Event Facility Standards. Special event facilities are subject to the following operation and development standards at all times:
1. Event Management Plan. Owner/operator 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
Page 2
operational limitations. A copy of the event management plan shall be provided to the Department of Development Services and must be available for on-site inspection at all times.
2. Noise Control.
a. Noise Standards shall be regulated in accordance with Chapter 41.A Noise Control.
b. The County may conduct field-testing to verify noise levels, or the County may require the operator to hire an acoustical consultant to conduct field-testing. For evaluating conformance
with the standards of this section, noise levels shall be measured in accordance with Chapter 41A. Noise Control.
3. Traffic and Circulation. The Minor Use Permit shall include a traffic management plan. The traffic management plan shall be approved for traffic safety by the Department of Public Works. The
traffic management plan shall include the following requirements and standards:
a. Approved access conforming to County improvement standards as determined by the
Department of Public Works.
b. Adequate ingress and egress shall be provided for all emergency vehicles to the satisfaction
of the Butte County Fire Department and Public Works Department.
c. The event site access connection to a County maintained road shall meet the minimum
requirements as identified in the County Improvement Standards as determined by the Department of Public Works.
d. A traffic control plan to ensure an orderly and safe arrival, parking, and departure of all vehicles and to ensure that traffic will not back-up or block private easements, county roads,
intersections, or private driveways.
e. A parking attendant(s) shall direct traffic into the facility and towards available parking during
the arrival of guests. Attendants shall direct traffic leaving the facility at the conclusion of the event.
f. The location of all temporary direction signs on driveway entrance and within parking lots to ensure orderly flow of traffic. Temporary directional signs shall be placed prior to all events
and promptly removed at the conclusion of the event.
4. Operational Limitations. The following operational limitations apply to all Special Event Facilities:
a. Special Event facilities shall be operated accessory to the owner's primary residence or manager's residence if the manager is responsible for running the special event facility. No
Special Events Facility shall be permitted where no residential use exists on the property.
b. No special event facility shall be allowed to exceed an attendance level of five hundred (500)
people, or last longer than two (2) days, not including set-up and take down.
c. The special event duration shall not exceed twelve (12) hours per day, within an operational
period limited to the hours of 7:00 a.m. to 10:00 p.m., except on Saturdays and Sundays, which are limited to a 9:00 a.m. start time.
5. Public Health. Special Event Facilities shall provide a potable domestic water supply and an on-site sewage disposal or sewer service connection necessary to accommodate all special events
to the satisfaction of the Public Health Department.
6. Setbacks. The following setbacks shall be maintained at all times:
a. No event facilities shall be located closer than thirty (30) feet from a property line, unless a greater distance is required under the zone or a greater distance is identified as being
necessary under the minor use permit to ensure compatibility with surrounding sensitive receptors.
b. All temporary structures such as tents, stages and dance floors shall abide by all setbacks, and their use must be identified on the plot plan.
Page 3
7. Lighting. All lighting shall comply with the following requirements:
a. All outdoor lighting associated with the special event shall be turned off by 11:00 p.m. Parking
lot lighting may remain on for a longer period if specified under the minor use permit.
b. Outdoor Lighting Shall Comply With Article 14. Outdoor Lighting in order to reduce light
trespass and glare. Outdoor 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.
8. Signage. All signage shall comply with the following requirements:
a. One (1) sign up to twenty-four (24) square feet is permitted per facility, subject to the General
Standards for signs set forth under Section 24-104.
b. Temporary directional signage is allowed during event activities as well as to slow traffic if
placed outside of the county right-of-way.
c. The sign shall be a wall-mount or monument style, and shall not be internally illuminated or
electronic but may be indirectly illuminated.
9. Dust Control. Fugitive dust shall be minimized by reducing vehicle speeds on driveways and
parking areas and, during visibly dry conditions, the application of water or other approved dust palliative.
10. Parking. On-site parking shall be provided in accordance with the "Special Events" category under Article 19 (Parking and Loading): One (1) space per four (4) seats or one (1) space for every four
(4) persons based upon maximum building occupancy, whichever is greater. Parking shall also be in accordance with Section 24-94(B), Parking for Persons with Disabilities.
11. Neighbor Notification. Notification to neighbors of event scheduling shall be accomplished as follows:
a. In lieu of the three hundred-foot notification required under Section 24-259(B)(1)(c) the Department of Development Services shall provide the mailed notification to all owners of
real property within one thousand two hundred (1,200) feet of the exterior boundaries of the parcel that is subject to the hearing, thirty (30) days prior to the date of a hearing to consider
a minor use permit.
G. Development Standards Applicable to the Agriculture (AG) Zone. In addition to the Special Event
Facility Standards as set forth under this chapter, the following additional standards shall apply to the Agriculture (AG) Zone:
1. Special event facilities in the Agriculture (AG) zone shall be accessory to the agricultural use and the owner's, or manager's residence, if the manager is responsible for running the special event
facility. No Special Events Facility shall be permitted where no residential use exists on the property.
2. Special event facilities are permitted in Agriculture (AG) zones only when not requiring new permanent improvements and when not interfering with agricultural operations.
3. Special event facilities shall not convert agricultural land to an alternative use for the purpose of developing or expanding a special event facility.
4. Special event facilities shall be reviewed for compliance with any applicable Williamson Act Contract.
5. An Agricultural Maintenance Plan shall be submitted in accordance with Section 24-13(B).
6. Special Event Facilities are not permitted on parcels that are less than ten (10) acres in size.
7. Owner shall sign a declaration acknowledging the right-to-farm pursuant to Chapter 35 (Protection of Agricultural Land) indicating that facilities may be subject to inconveniences related to
agricultural activities taking place on adjacent properties.
Page 4
H. Permit Revocation or Modification. Any permit may be revoked, or conditions of the approval modified, as provided for under Section 24-251.
I. Complaints. Any person making a complaint relating to this section must file a complaint form provided by the Department of Development Services.
J. Findings. The following factors shall be assessed in the processing and review of a minor use permit application pursuant to this section. No minor use permit application shall be granted unless the review
authority finds that the special event facility, as approved:
(1) Complies with the standards and operational limitations set-forth under this section, and,
(2) Will not be incompatible with surrounding land uses:
1. The design of the special events facility in terms of its physical and operating characteristics.
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.
3. The distance to surrounding sensitive receptors, including residences, from the special event facility.
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.
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.
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.
(Ord. No. 4093, § 1, 3-24-15)