HomeMy WebLinkAboutUP09-0003_Use Permit_UnsignedEXHIBIT A
USE PERMIT
BUTTE COUNTY PLANNING COMMISSION
DATE: (Certified Mail Rec.)
UP09-0003
PERMIT NO.
030-340-043 and 030-340-035
ASSESSOR’S PARCEL NO.
Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the conditions set
forth below a Use Permit for an event facility consistent with the Plot Plan is hereby granted.
Conditions of Approval:
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 procedures set forth in the Butte County Zoning Ordinance,
including Butte County Code Sec. 24-45.65 or equivalent or related section if the code is
updated or amended.
2. Unless otherwise provided for in a special condition to this 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. Minor changes may be approved administratively by the Directors of Development
Services, Environmental Health, or Public Works upon receipt of a substantiated written
request by the applicant, or their respective designee. Prior to such approval, verification
shall be made by each Department or Division that the modification is consistent with the
application, fees paid and environmental determination as conditionally approved.
Changes deemed to be major or significant in nature shall require a formal application for
amendment.
4. If the Use Permit has not been substantially 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 24-45 (or
equivalent or related section if the code is updated or amended) 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 Section 24-45.25 (or equivalent or related section if the code is updated or
amended) above, the Planning Commission may extend any time limitation previously
made a part of any condition to a Use Permit.
UP09-0003(SMITH)
Conditions of Approval
Approval Date:_________
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5. The terms and conditions of this Permit shall run with the land and shall be binding upon
and be 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 a Permit.
7. The Butte County Planning Commission hereby reserves ongoing jurisdiction over this
Use Permit. The Commission may, at its own discretion, and following a noticed public
hearing, revoke this Use Permit, and/or add additional conditions of approval, or modify
existing conditions of approval, upon receipt of written complaints or other evidence of
adverse impacts upon surrounding properties or the public health, safety or welfare.
Planning Division
8. Mitigation Measure 1:
All lighting for the project shall be designed and located so as to confine direct lighting to
the premises. A light source shall not shine upon or illuminate directly on any surface
other than the area required to be lighted. No lighting shall be of the type or in a location
such that it constitutes a hazard to vehicular traffic, either on private property or the
abutting highway or street.
Plan Requirements: This mitigation shall be placed as a condition of the Use Permit.
Timing: The provisions of this mitigation measure shall be complied with at all times.
Monitoring: The Development Services Department shall investigate and respond to any
complaints of excess glare or light originating from the project site.
9. Mitigation Measure 2:
Dust generated by the vehicle use of unpaved roads and areas shall be kept to a minimum
and retained on-site. Dust control, through watering, dust palliative, limiting vehicle
speed, other means or combination thereof shall be required to reduce fugitive dust from
vehicle use of the gravel and other unpaved surfaces.
Plan Requirements: The note shall be placed as a condition of the Use Permit.
Timing: Requirements of the condition shall be adhered to throughout all grading,
construction/landscaping and event activity periods.
Monitoring: The Department of Development Services shall spot check and shall ensure
compliance on-site for construction related activities subject to a building permit. Butte
County Air Pollution Control District inspectors shall respond to nuisance complaints.
10. Mitigation Measure 3:
Acceptable levels of noise generated from the project shall not exceed 60 decibels Ldn or
CNEL, as established by the Butte County General Plan, at the nearest dwelling. If the
Department of Development Services (DDS) or other County departments receive noise-
UP09-0003(SMITH)
Conditions of Approval
Approval Date:_________
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related complaints regarding the project and the level of noise is in excess of the
established standards, the applicant/owner shall immediately implement all measures
recommended by DDS to abate the nuisance. The owner/applicant shall reduce noise
levels as directed, which may include, but are not limited to:
a. Changing the operational hours and/or placing limits on amplified sound/music;
b. Reducing the number of individuals allowed at each event;
c. Installing sound-buffering structures;
d. Work with a sound specialist to identify and implement appropriate sound reducing
measures; or
e. Other recommendations from the DDS.
Any violations of the above established noise standards constitute violations of the
applicant’s Use Permit and shall subject the applicant to the administrative revocation
and/or criminal enforcement actions under Butte County Code section 24-45.65 or
equivalent or related section if the code is updated or amended.
Plan Requirements: This mitigation shall be placed as a condition of the Use Permit.
Timing: The applicant shall implement measures to reduce noise impacts as required by
the Department of Development Services as a result of complaints during the operational
phase of the project.
Monitoring: The Planning Division and/or Code Enforcement shall respond to noise
complaints.
11. Hours of operation from 10AM to 10PM with a maximum of 200 guests on one of the
three days of any of the 12 events from April through October, annually. The other two
days shall be limited to 50 guests per day. The operator has a reasonable amount of time,
generally one hour after close of the event, for the orderly and controlled exit of guests.
12. All vehicles shall be parked in designated on-site parking areas. Parking and related
vehicle circulation shall be managed by event staff.
13. Prior to issuance of any permit on the project site, pay any outstanding project-related
processing fees.
14. The applicant shall comply with all other applicable State and local statues and
regulations.
15. The use permitted onsite is limited to the project description as described in the project
application, the approved Plot Plan and as further conditioned in these Conditions of
Approval. A project description summary is provided on the last page of these
Conditions of Approval.
16. The applicant/owner shall maintain an event management plan that includes but is not
limited to the Conditions of Approval, approved Plot Plan, management of parking and
circulation and other operational aspects. The event management plan shall be available
for inspection and modified as necessary to comply with the Conditions of Approval.
UP09-0003(SMITH)
Conditions of Approval
Approval Date:_________
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Public Works
17. Prior to establishing use, obtain an encroachment permit and construct a standard S-18B
road approach at the intersection of Farrar Lane and Larkin Road in accordance with
county improvement standards.
18. Improve Farrar Lane from Larkin Road to proposed parking areas to an RS-8 LD-II
county improvement standard. Construct the required improvements prior to establishing
use.
19. A portion of the property is in a FEMA designated flood plain. Pursuant to Article IV,
Chapter 26 of Butte County Code, no development as defined in county code, including
construction of any building or other structure, filling, grading, paving, excavation, or
agricultural practice shall be initiated within the flood plain without first obtaining the
appropriate county permits.
Cal Fire/Butte County Fire
20. Maintain an all weather access of at least 10 feet wide and vertical clearance of 15 feet
that will allow for ingress and egress and accommodate a 40,000-pound fire apparatus to
within 150 feet of any point on all structures.
21. Maintain Fire Access to and including the “VIP Parking Area” so as to facilitate
emergency response to event grounds beyond structures.
22. Building identification and/or addresses shall be installed in conformance with Public
Resources Code 4290 and shall be posted prior to establishing the use maintained
continuously thereafter.
Environmental Health Division
23. Prior to construction of the proposed guest parking locate and relocate as required, under
permit from environmental health, any leach field that will be under the parking area.
24. Prior to issuance of the building permit clearance for the permanent outdoor toilet
facilities a permit to construct the sewage disposal system will be required from
environmental health.
County Counsel
25. If this entire matter or any finding, action or condition of this matter is appealed to the
Board of Supervisors, the applicant or any other developer/operator other than the
applicant agrees to indemnify the County of Butte from liability or loss related to the
approval of this project and agrees to sign an indemnification agreement in a form
approved by County Counsel before the Board's appeal hearing. If the application is not
appealed, this condition is deemed satisfied.
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Conditions of Approval
Approval Date:_________
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Use Permit 09-0003 Project Description Summary:
The application is a request of for a use permit to conduct outdoor event facility uses such as
ceremonies and receptions including amplified music on property located at 1446 Farrar Lane,
Assessor’s Parcel numbers 030-340-043 and 030-340-035. The application proposes 12 events
per year from April through October. An event can include activities on up to three consecutive
days, one of those days being the main event of up to 200 people. The application also includes
a small winery facility to be complimentary to the events facility. Food and beverages will be
brought on site by vendor or other agreement with the owner. Portable restroom facilities will be
provided during the events. A future phase may include permanent bathroom facilities. The
proposal includes an unlighted sign at the Larkin/Farrar entrance, accessory structures,
circulation and related signage.
I hereby declare under penalty of perjury I have read the foregoing conditions, they are in
fact the conditions which were imposed upon the granting of this use permit, and that I agree to
abide fully by said conditions.
Dated: _______________ ________________________________________________
Applicant
NOTE: Issuance of this Use Permit does not waive requirements of obtaining Building and
Health Department permits before starting construction, nor does it waive any other
requirements.
________________________________________________
Chair, Butte County Planning Commission
CC: Land Development Division
Building Division
Environmental Health Division
Butte County Fire Department/Cal Fire
Butte County Assessor’s Office
Butte County Air Quality Management District
UP09-0003(SMITH)
Conditions of Approval
Approval Date:_________
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