HomeMy WebLinkAboutRFD15-0006 - 2014-08-04 Ltr re Nonconforming Special Event Facility for Shaffer Ranch;Butte County:i
August 5,2015
Department of Development Services Tim Snellings, Director
Pete Calarco,Assistant Director
7 County Center Drive
__Oroville,California 95965IDEVELOPMENTSERVICES|
T:530.538.7601
F:530.538.7785
buttecounty.net/dds
Richard E.&Barbara J.Shaffer
3882 Keefer Road
Chico,CA 95926
SUBJECT:Request for Determination of Nonconforming Use for the Shaffer Ranch -3882
Keefer Road,Chico (APN 047-250-197)
Dear Rev.and Mrs.Shaffer,
This letter is in response to your email from June 16,2015 requesting that a determination be made
that the use of your property as a special event facility 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,we have not been able to establish the Shaffer Ranch as a
nonconforming special event facility;however,the Department will reconsider this determination if
substantive new information is provided.
BACKGROUND
Regulations regarding nonconforming uses and structures are listed in Article 22 of the Zoning
Ordinance (see attached):
• A nonconforming use or structure may be continued ifitwas 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 rightto 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)).
• 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 24-175.1 (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 activityfor the benefit of someone other than the property owner that takes
August 4,2015 Ltr.Regarding Request for Determination ofNonconforming Use for theShaffer Ranch (RFD15-0006)Page 1
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 §24.175.1) is attached.
SIMILAR DETERMINATIONS
In 2009, a request was made by Chico Grange #486 for the Department of Development Services to
recognize the long term history of renting the Grange Hall for community events as a nonconforming
use. The use of the Grange Hall for non-grange related events was recognized by the Department
in 2010 after extensive research and documentation was provided. The documentation provided by
the Chico Grange included lists of specific events with dates, the group or individual renting the
Grange Hall, and copies of receipts, accounting ledgers and statements.
REQUIREMENTS FOR DETERMINATION OF NONCONFORMING USE
For the purposes of this determination, the use of the property at 3882 Keefer Road as a special
event facility is required to have been established prior to February 22, 197 4 and not discontinued
for a period of 24 consecutive months. February 24, 1974 was the effective date of Ordinance No.
2184 which rezoned the subject property from the General (A-2) zone to Suburban Residential (SR-
1 ). In the SR-1 zone, a special event facility (or similar use) was not allowed. In order to determine
that the property is a nonconforming special event facility, a history of 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:
1.June 9, 2015 correspondence from Craig & Lori Holmberg
The correspondence documents a Halloween event in 1972 with over 100 participants and
refers to attending other events without providing dates of specific events, the number of
August 5, 2015 Ltr. Regarding Request for Determination of Nonconforming Use for the Shaffer Ranch Page2
The information provides recollection of a range of events occurring on the property with
attendance at some events up to 70 to 350 people. From the information provided, it is difficult
to distinguish which events were normal social gatherings and which are considered special
events under the definition of BCC §24-175.1. The information provided does not document
the dates of specific events, which events may have been subject to a use agreement
between a private group or individual and the facility owner; the number of cars, parking, etc.
The information provided is also insufficient to show that the use of the subject property as a
special event facility was not discontinued, for a period of 24 months or more, between
February 22, 197 4 and the present.
6.June 16, 2015 correspondence to Second District Supervisor Larry Wahl from Richard &
Barbara Shaffer regarding the determination of nonconforming use.
DETERMINATION
Based on the documentation provided, the Department has not been able to sufficiently determine
that the history of events described has established the Shaffer Ranch as a nonconforming special
event facility. Property owners are allowed to have social gatherings on their property, and having
such events does not mean that there is a special event facility on the property. The information
provided is not sufficient to determine that special events, subject to a use agreement as specified
in Section 24-175.1 (8) of the Zoning Ordinance, occurred on the property prior to February 24, 197 4
and were not discontinued for a period greater than 24 months between that date and the present.
This Department will reconsider this determination if substantive new information is provided, that
sufficiently documents the use of your property as a special events facility consistent with the
requirements of the Zoning Ordinance. Please do not hesitate to contact Planning Manager Chuck
Thistlethwaite at (530) 538-6572 or cthistlethwaite@buttecounty.net, or me at (530) 538-6821 or
tsnellings@buttecounty.net, if you have any questions or wish to meet to discuss this determination.
c or
epartment of Development Services
Attachments: Butte County Zoning Ordinance Article 22 Nonconforming Uses and Structures
Butte County Code Section 24-175.1 Special Event Facilities
Cc: Second District Supervisor Larry Wahl
Augusl 5, 2015 Ur, Regarding Request for Determination of Nonconforming Use for the Shaffer Ranch Page4