Butte County Board of Supervisors

Transcription

1 Butte County Board of Supervisors Special Events Facilities Ordinance and Final Environmental Impact Report (Continued Public Hearing) March 24, 2015 Butte County Department of Development Services

2 Continued from February 24, 2015 This project was continued after deliberations and public comment at the February 24, 2015 Public Hearing. The Board asked staff to follow up on nine items discussed during the hearing. Staff provides follow-up concerning these nine items and additionally makes a recommendation to include specific findings (Section J. Findings) in the ordinance Edits to the Draft Ordinance made by staff since the last hearing are shown under Attachment B

3 Agenda for this item Staff Presentation Board Q & A Public Comment Board Discussion and Action Attachments to the Staff Report: A. Board of Supervisors Resolution Final Supplemental EIR B. Special Events Facilities Ordinance

4 Recommendations: Special Events Facilities Ordinance Recommended Motion: Certify the Final Supplemental Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA), as set forth in the attached Resolution (Attachment A) for the amendments to Chapter 24. Zoning Ordinance, pertaining to Special Events Facilities, and authorize the Chair to sign; and, Recommended Motion: Adopt an Ordinance adding Section , entitled Special Events Facilities, (Attachment B) to Chapter 24, entitled Zoning of the Butte County Code and authorize the Chair to sign.

5 BACKGROUND: Special Events Facilities Ordinance Created in response to Butte County Board of Supervisors direction and public inquiries and concerns about the regulation of special events in Butte County. Currently, not allowed, notwithstanding allowances provided for wineries and similar uses under Butte County Code Section , and under the Unique Agriculture Overlay Zone. Proposes to require a Minor Use Permit for facilities, subject to development and operational standards

6 Process Process started in September 2013 Development Services staff held meetings with various stakeholders Public Workshop held at Planning Commission Nov 21, 2013 CEQA Review; Meeting held at Planning Commission Nov 13, 2014 Public Hearing at Planning Commission Jan 22, 2015 Public Hearing at the Board of Supervisors Feb 24, 2015

7 CEQA Documents 1. Final Supplemental EIR, Special Events Facilities Ordinance, January 16, Draft Supplemental EIR, Special Events Facilities Ordinance, October 27, 2014

8 CEQA Process County Prepares Notice of Preparation (NOP) on March 1, 2014; holds Public Scoping Meeting on August 5, 2014 County Circulates DSEIR October 27, 2014 Public Comments are accepted during review period (October 27 December 11, 2014) January 16, 2015, Final EIR is prepared to respond to all substantive comments regarding the DSEIR A total of 2 written comments were received; 3 people spoke at the November 13, 2014 Planning Commission hearing on the Draft EIR

9 Significant Impacts The Implementation of the proposed Special Events Facilities Ordinance would not generate any new significant environmental impacts beyond what was identified in the 2010 EIR and 2012 Supplemental EIR

10 Final EIR Publicly Released on January 16, 2015 Together with the Draft SEIR, constitutes the Final SEIR if the Butte County Board of Supervisors certifies it as complete and adequate under the California Environmental Quality Act (CEQA). Responds to comments received during the review period on the Draft EIR as well as comments made at the Planning Commission s November 13, 2014 Hearing on the Draft EIR Provides revisions to the text of Draft EIR

11 January 22, 2015 Planning Commission Hearing Recommends to the Board of Supervisors the certification of the Final Supplemental EIR and adoption of the proposed Special Events Facilities Ordinance on a 4-0 vote. The Planning Commission took public testimony from 12 members of the public concerning the Ordinance and FSEIR. The Planning Commission recommended additional changes to the Ordinance

12 Continued February 24, 2015 Board Hearing Issues Nine Items 1. Information on how the Special Events Facilities Ordinance will be enforced. 2. Information on total fees and costs associated with the processing of a Minor Use Permit, including the CEQA fees associated with the California Department of Fish and Wildlife. 3. Consideration of a permit process that would allow for existing facilities in agricultural zones but that would not allow new facilities in agricultural zones. 4. Options for the notification of neighbors of planned special events.

13 Continued February 24, 2015 Board Hearing Issues Nine Items 5. Consideration of a limitation on complainant eligibility (e.g., only neighbors within a certain distance from the Special Event Facility would be eligible to complain). 6. Options for self-monitoring of noise levels through the use of a sound meter or limiter. 7. Alternatives for Special Event Facilities to be accessory to an owner s primary residence. 8. Exemption for Religious Facilities and Parks and Recreation Facilities 9. Requirement for applicants to post a deposit for Noise and Traffic Studies.

14 1. Information on how the Special Events Facilities Ordinance will be enforced Regulated under the Zoning Ordinance: Section 24-5 (F) Enforcement Section Enforcement Annual Inspection Permit Revocation or Modification Regulated under the Noise Control Ordinance The Code Enforcement process as set forth under Butte County Code Chapter 41, will be followed when investigating and abating alleged violations of a Minor Use Permit or Noise Control Ordinance. Pursuant to Section , a Code Enforcement Officer may inspect any property subject to a Minor Use Permit on an annual basis to verify compliance with applicable standards and conditions of approval.

15 2. Minor Use Permit Fees and Fish & Wildlife Fees Minor Use Permit Fee Breakdown Fees and Costs Cost CA. Fish & Wildlife (CDFW) CEQA Fee 2, Development Services (10 hours of staff time) 1, Noise Study -Estimate 1, Traffic Study -Estimate 1, Environmental Health Review Public Works, Land Development Division Review Publishing (legal public hearing notice in newspaper) Butte County Fire Review Ag. Commissioner Review (required in AG zones only) General Plan Maintenance Fee County Clerk Processing Fee (CDFW) Technology Investment Fee Total 7, Total (without CDFW fees & including Noise and 5, Traffic Study)

16 3. Consideration of a permit process that would allow for existing facilities in agricultural zones but that would not allow new facilities in agricultural zones Staff recommends that the existing development standards applicable to the Agriculture zone as set forth under the draft ordinance shown under Section G. of the ordinance will limit impacts to agricultural resources Staff recommends two additional requirements, included under the development standards applicable to the Agriculture zone: 6. Special Event Facilities are not permitted on parcels that are less than 10 acres in size. 7 Owner shall sign a declaration acknowledging the right-to-farm pursuant to Butte County Code Chapter 35 (Protection of Agricultural Land) indicating that facilities may be subject to inconveniences related to agricultural activities taking place on adjacent properties.

17 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. 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 (B). 6. Special Event Facilities are not permitted on parcels that are less than 10 acres in size. 7. Owner shall sign a declaration acknowledging a right-to-farm pursuant to Butte County Code Chapter 35 (Protection of Agricultural Land) indicating that facilities may be subject to inconveniences related to agricultural activities taking place on adjacent properties.

18 4. Options for the notification of neighbors of planned special events The current section regarding neighbor notification states the following: 11. Neighbor Notification. Facilities shall post a schedule of future events to their website or a schedule of future events shall be mailed to all neighbors within 1,200 feet at least two weeks prior to the beginning of the event year or season. The schedule shall show days planned for events, hours of operation, and include a phone number for inquiries. The Board asked staff to consider other options to address this issue. Staff recommends a revised section that will: 1. Recognize that not all persons can access the Internet 2. Ensure that all applicable neighbors are reached 3. Limit time and cost to operator 4. Maintain privacy of event facility users

19 4. Options for the notification of neighbors of planned special events 11. Neighbor Notification. Notification to neighbors of event scheduling shall be accomplished a follows: a. The operator of a special event facility shall maintain an annual or seasonal schedule of future events that shows days planned for events, hours of operation and the facility s website and contact information. b. A one-time mailing of the schedule to all property owners within 1,200 feet of the property boundaries of the special event facility and to the Department of Development Services shall take place at the start of operations. c. Future event schedules will not be mailed to neighbors but placed on the facility s website, unless the property owner requests that the facility owner furnish copies of future event schedules via direct mail. d. It shall not be required for an operator to disclose the names of persons, businesses, or entities holding the event on the schedule.

20 5. Consideration of a limitation on complaint eligibility (e.g., only neighbors within a certain distance from the Special Event Facility would be eligible to complain) New recommended section states the following: I. Complaints. Any person making a complaint relating to this section must file a complaint form provided by the Department of Development Services. Alternatively, the Board may wish to consider a limitation on eligibility to complain about potential violations at a Special Event Facility to those residing in an adjacent neighborhood. I. Complaints. Any person making a complaint relating to the operation of a Special Event Facility as described under this section must (a) file a complaint form providing their name and address to the Department of Development Services and (b) reside within 1,200 feet of the property that is the subject of the complaint.

21 6. Options for self-monitoring of noise levels through the use of a sound meter or limiter Self-monitoring of noise levels at special event facilities is encouraged by staff and the use of devices that monitor and maintain proper noise levels is also encouraged. Such devices cannot replace the need for the assessment of noise impact through Noise Study, which will ensure the facility can operate within acceptable thresholds Noise meters and similar applications used on electronic devices have varying levels of accuracy and performance

22 6. Options for self-monitoring of noise levels through the use of a sound meter or limiter Event operators that wish to monitor noise levels during special events are encouraged to use meters that comply with the Noise Control Ordinance. The Noise Control Ordinance defines Noise Level and Sound Level Meter as follows (Butte County Code Chapter 41A-4, Definitions, Sections (g) and (n)): (g) Noise level means the A weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty micropascals. A fast meter response shall be used for impulsive noise. The unit of measurement shall be designated as dba. (n) Sound level meter means an instrument meeting American National Standard Institute (ANSI) Standard S for Type 2 sound level meters that is calibrated utilizing an acoustical calibrator meeting American National Standards Institute (ANSI) Type 2 standard, performed immediately prior to recording any sound data. Calibration equipment shall be certified annually.

23 7. Alternatives to the requirement for Special Event Facility to be accessory to an owner s primary residence At the February 24, 2015 Board hearing testimony was received from a member of the public concerning the provision contained in the Draft Ordinance that requires special event facilities to be accessory to the owner s primary residence. The Draft Ordinance has been updated to allow the residence to be occupied by a manager who is responsible for oversight of the facility Staff recommends against allowing special event facilities where no onsite residence exists. Providing for an on-site residence ensures that an owner or manager lives on-site to oversee activities and maintain compliance with the standards and operational requirements of the ordinance.

24 8. Exemption for Religious Facilities and Parks and Recreation Facilities Staff continues to recommend this exemption under the Special Event Facilities Ordinance. Religious Facilities and Parks and Recreation Facilities are treated separately under the Zoning Ordinance. Religious facilities and Parks and Recreation Facilities are subject to use permits, where special events can be included and reviewed as part of their project description. Some Religious Facilities and Parks and Recreation Facilities would be considered non-conforming but legal uses because they have existed for many years (AKA: Grandfathered Uses ).

25 9. Requirement for Deposit for Noise and Traffic Studies As discussed in the February 24, 2015 Agenda Report, staff recommends this as a requirement under the ordinance. The following statement has been included under Section E. Permit Process in the Special Events Facility Ordinance. E. 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).

26 Staff Recommendation for Findings Staff recommends new Section J. Findings, as currently shown in the Draft Ordinance. These findings are unique to Special Event Facilities The findings include factors pertaining to physical and operating characteristics; intensity and density of surrounding areas; distance to surrounding sensitive receptors; types of sound being generated; location of noise producing activities; and the number and frequency of events taking place They will provide for a stronger review process and additional guidance to decision-makers and County staff in reviewing and taking action on Special Event Facilities

27 Board of Supervisors Q & A Draft Special Events Facilities Ordinance

28 Public Comment Period Draft Special Events Facilities Ordinance

29 Board Action: Special Events Facilities Ordinance Recommended Motion: Certify the Final Supplemental Environmental Impact Report pursuant to the California Environmental Quality Act (CEQA), as set forth in the attached Resolution (Attachment A) for the amendments to Chapter 24. Zoning Ordinance, pertaining to Special Events Facilities, and authorize the Chair to sign; and, Recommended Motion: Adopt the Ordinance provided under the attachment entitled An Ordinance Adopting Amendments to Chapter 24. of the Butte County Code Regarding Special Event Facilities, to be included under Section of the Butte County Zoning Ordinance, (Attachment B) and authorize the Chair to sign.