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Time Set 9.
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| Planning Commission |
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| Information |
| SUBJECT |
8:30 a.m.
ZF #2013-0007: Continued public hearing for the Use Permit for an events center located on a 37.5-acre parcel at 24199 County Road 22, approximately two miles southwest of the town of Esparto (APN: 049-180-078). The property is zoned A-P (Agricultural Preserve) and is under Williamson Act contract. The applicant plans to schedule approximately four events per month primarily limited to the season from May to October, to be attended by 80 to150 participants. A Negative Declaration has been prepared for the project. Owner/Applicant: Rolston/FreeHeart Farm (E. Parfrey)
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| SUMMARY |
FILE FILE ZF 2013-0007: Request for a Use Permit for an events center located on a 37.5-acre parcel
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APPLICANT:
Rolston/FreeHeart Farm |
OWNER:
Larry & Lynn Rolston |
LOCATION: 24199 County Road 22, approximately two miles southwest of Esparto (APN: 049-180-078)
GENERAL PLAN: AG
ZONING:A-P (Agricultural Preserve)
SUPERVISORIAL DISTRICT: 5 (Sup. Chamberlain) |
SOILS: Capay silty loam (Ca) (Class II); Hillgate loam (HcA and HcC2 (Class IV); and Tehama loam (TaA) (Class II)
FLOOD ZONE: X
FIRE SEVERITY ZONE: none |
| ENVIRONMENTAL DETERMINATION: Negative Declaration |
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| RECOMMENDED ACTION |
That the Planning Commission:
1. Hold a public hearing and receive comments;
2. Adopt the Initial Study/Negative Declaration and the Errata prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA) and Guidelines (Attachment C);
3. Adopt the Findings for the Use Permit (Attachment D); and
4. Approve the Use Permit in accordance with the Conditions of Approval (Attachment E).
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| REASONS FOR RECOMMENDED ACTIONS |
The proposed Use Permit is consistent with General Plan policies and the County Code. The Use Permit for a rural event center implements General Plan policies that encourage "agri-tourism"-type uses in the agricultural areas. Three other permits have been issued for similar uses in recent years, including permits for the Taber Ranch, the Park Winters bed and breakfast, and the Stephens Ranch outside Esparto.
The project is consistent with the following General Plan Policies:
Policy LU-1.1 specifically defines the Agriculture land use designation to include agricultural commercial uses (e.g., roadside stands, “Yolo Stores,” wineries, farm-based tourism, crop-based seasonal events, etc.) serving rural areas.
Policy AG-3.2 calls for allowing uses that support agriculture, such as agricultural commercial uses, direct product sales, processing, farm-based tourism, etc. on agricultural land subject to appropriate design review and development standards;
Policy AG-3.16 promotes agricultural innovation, including agri-tourism, in order to expand and improve business and marketing opportunities for those engaged in agriculture;
Policy AG-3.18 allows for the location of agricultural commercial, industrial and tourism activities on land designated as Agriculture;
Policy AG-5.1 promotes markets for locally and regionally grown food and/or prepared food;
Policy ED-1.3 encourages businesses that promote, provide services, and support farming, with an emphasis on value-added agriculture, agri-tourism, etc.;
Policy ED-4.3 seeks opportunities to expand tourism around local attractions and amenities;
Policy ED-4.7 supports the development of visitor-serving private businesses that retain and complement the county’s rural character; and
Several other Economic Development policies supporting agricultural tourism in Yolo County.
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| BACKGROUND |
The proposed project is a request for a Use Permit for operation of an event center, and building permit approvals for an existing commercial coach to bring the current operation into compliance with the Yolo County Code. The Code requires issuance of a Use Permit for permanent rural recreational facilities on agriculturally zoned properties.
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| PROJECT DESCRIPTION |
PROJECT DESCRIPTION
The project site is a 37.5-acre parcel consisting of a home site surrounded by an almond orchard, located on County Road 22, approximately two miles southwest of the town of Esparto (Attachment A, Vicinity Map). The site is currently operated as an almond orchard, selling a variety of almond products over the Internet. The proposed use of the property as an event center would include weddings, private parties, corporate retreats, family reunions, various charitable events and activities, and food, olive oil and wine tastings.
The applicant plans to schedule approximately four events per month primarily limited to a six-month season from May to October. (The applicant has agreed to limit the number of annual events to no more than 18 per season.) Most events will be held between the hours of 10:00 am to 10:00 pm. Saturday would be the principal day of the week for most events. The applicant is planning for events that will be attended by 80 to150 participants.
The event center would employ up to four or five workers during the season. The applicant estimates that that the operation would require 0.2 truck deliveries per day (one truck delivery every four or five days).
The applicant plans to make the site available for events, with the event sponsor responsible for coordinating the event and making all the arrangements for the specific event. The event sponsor will be required to rent tables, chairs, tents, PA system, special lights or lighting, required band equipment etc. and any decorations. All food served at the event would be from a licensed caterer. If alcohol is to be served or purchased by guests, the event sponsor coordinating the event would be required to comply with all State ABC requirements and obtain a permit. The event center’s employees will work with the event sponsor and coordinate all electrical needs. Electricity for the events would be supplied by the applicant from a 20 kW propane generator that has been installed on the site.
The event center would be located on approximately 2.5 acres behind the existing home (Figure 2, Aerial Map and Figure 3, Site Plan and Drawings). The applicant has already cleared 11 almond trees and has planted 12 olive trees, cabernet sauvignon grapes, and 11,000 square feet of grass and other landscaping plants. A used commercial coach containing six toilets has been brought onto the site and installed with two septic tanks and 240 linear feet of leach lines. A 60-foot by 60-foot concrete pad and a pond have also been constructed. The County Environmental Health Division has informed the applicant that the septic tanks and leachfield will need to be modified to receive a permit, and these modifications are part of the project analyzed herein.
The applicant notes that since the event center is located on County Road (CR) 22, which has several curves and one blind corner, they propose to route all participants using 2-foot by 3-foot signs from the intersection of CR 21A and CR 85B south to the intersection CR 23, then west to the intersection of CR 22, then north to their entrance on CR 22. Placement of the directional signs on private property would require the approval of individual landowners and must be in conformance with the County’s sign regulations, which limit off-premise agricultural signs to six square feet and do not allow signs within the County right-of-way.
For parking, the proposed site plan will accommodate up to 45 cars including a dedicated disabled access site in the main parking lot that is part of the event center acreage (Attachment B, Site Plan and Drawings). A dirt roadway has already been constructed on the north edge of the applicant’s property to access the event center area through the almond orchard. An additional 45 parking spaces could be accommodated on a one-half acre site located on the neighbor’s property near the entrance to the event center on CR 22. This amount of parking (90 spaces) would accommodate 100 to 150 people with no need for street parking on CR 22. The applicant states there are about 15 additional spaces for over-flow parking on the property just off the County road.
Noise from events could be generated by a Public Address system, a band, a DJ and/or an auctioneer. The applicant proposes to implement a “Good Neighbor” policy that will require all events to end by 10:00 pm.
Dust generated by vehicles in the parking lot areas and access roads will be treated with magnesium chloride.
The event center would be served by the existing home site domestic well. No new wells are proposed for the project.
As part of the Use Permit application, the applicant has submitted design plans for approval of the existing commercial coach and for a modified septic tank and leachfield system.
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| ANALYSIS |
ANALYSIS
The Planning Commission considered the application at its last meeting on April 11, 2013. Following the public hearing, the Commission voted to bring the issue back at the next meeting.
Since the last meeting, the applicant has agree to limit the number of events in response to concerns raised by his neighbors. The application originally allowed approximately four events per month during the six-month season from May to October, or a total of up to 24 events. The applicant has now agreed to limit the number of annual events to no more than 18 per season. The applicant asked that the Conditions of Approval clarify that the 18 events do not include non-commercial events such as birthday, family, harvest, and church events. The applicant requests that the Conditions indicate that the number of participants be limited according to amount of parking provided.
The applicant has also agreed to monitor noise from any amplified sound system by sending employees to each of the four corners of the property and measuring noise through a mobile phone app (application). The noise levels at the property lines will be monitored during events and the measurements will be recorded in a log.
These clarifications have been made in the Conditions and the Errata to the Negative Declaration .
The applicant has submitted a standard contract that will be signed by event sponsors, which includes language complying with the specific Conditions of Approval.
Finally, the applicant has clarified that if the auxiliary parking area on his neighbor's property to the north is not available, that he will create additional on-site parking by trimming orchard trees to allow parking underneath (allowing the trees to remain in place), and by creating additional parking in front of the house.
An Initial Study was prepared for the proposed project and circulated for a 20-day period from march 5, 2013 through March 26, 2013. The environmental analysis determine that there would be no potentially significant environmental impacts that would be caused by the project. A Negative Declaration is recommended for adoption.
As noted in the previous staff report, the main issues that are raised by the project relate to noise and traffic/parking impacts. Several neighbors have submitted letters and e-mails (Attachment F) that refer to these concerns. No additional comments from neighbors have been received since the last Planning Commission hearing.
Noise
The Initial Study discusses potential noise impacts due to the proposed event center on pages 29-30. To summarize, operation of sound amplification equipment associated with the event center could cause impacts to some nearby neighbors, although these impacts would not be expected to be significant. Noise levels of an amplified sound system would be expected to be in the range of 80 to 90 dBA measured 50 feet in front of the stage and amplifiers. The applicant states that the amplified sound system would be pointed to the west (toward the applicant’s house). The closest rural residences that could be affected by noise are two homes located approximately 650 feet and 750 feet north of the property, and a third home located approximately 600 feet south of the project. The events center activities are screened from the houses by the surrounding almond orchard, which would offer some noise attenuation, although not as much noise reduction as an earthen berm or soundwall.
The State of California Department of Health Services has developed recommended acceptable Community Noise Exposure standards for outdoor noise levels in agricultural areas of up to 75 dBA CNEL, measured at the property line. The property lines of the project site are located approximately 375 feet to the north, 600 feet to the west, 415 feet to the east, and 925 feet to the south, from where the amplified sound system would be located.
Noise levels attenuate or reduce as distance from a noise source increases based on an inverse square rule. Noise levels from a single-point source such as an amplified sound system attenuates at a rate of 6 dBA for each doubling of distance (Yolo County, 2009b). Thus, if an amplified sound system for a music event registered 90 dBA Leq (day-night average) at a location 50 feet from the source (the speakers), the noise level at 400 feet would be 72 dBA, and noise levels at 800 feet would be 66 dBA. The corresponding noise levels for these estimates as measured on the CNEL scale would add a 5 dBA weighting (penalty) factor for hourly day-night averages (Leq ) noise levels that occur during the evening hours between 7 pm and 10 pm. Thus, the projected CNEL noise levels generated by a 90 dBA sound system during evening hours would be 77 dBA CNEL at 400 feet away and 71 dBA CNEL at 800 feet. The projected CNEL noise level at the nearest neighboring homes (600 to 750 feet from the sound system) would be within the 75 dBA CNEL acceptable level set by the State guidelines for agricultural areas, although the noise level at the nearest property line to the north (375 feet) may be slightly greater than 75 dBA CNEL (if the sound system was as loud as 90 dBA).
To ensure that the noise standard of 75 dBA is complied with by all private parties that may rent the event center, a Condition of Approval of the Use Permit requires the applicant to prepare and submit to the County for approval the terms of the standard rental contract that contains specific requirements that any private amplified sound systems operated on the site must comply with the noise standard of 75 dBA CNEL, measured at all property lines. In addition, Condition of Approval No. 6 requires all events to end by 10:00 p.m. A Condition of Approval of the Use Permit also requires the applicant to post in a conspicuous location near the event center driveway a sign that indicates a phone number that may be called to complain about excessive noise.
Traffic and Parking
The applicant is proposing that the signed route to the events center would be from the intersection of CR 85B south to CR 23, and then west to CR 22. The signage would discourage visitors from accessing the events center via CR 22 directly from CR 85B, since that section of CR 22 contains many curves. Placement of the directional signs on private property would require the approval of individual landowners and must be in conformance with the County’s sign regulations, which limit off-premise agricultural signs to six square feet and do not allow signs within the County right-of-way. A Condition of Approval of the Use Permit will require the applicant to provide these directional signs and to indicate the route on all advertising literature and event contracts, and in any Internet advertising.
The main and auxiliary parking areas include parking for up to 100 cars, with some additional overflow parking near the entrance to the event center off CR 22. The parking would be adequate to accommodate the anticipated average attendance at events of 80 to 150 participants. The auxiliary parking area is not located on the applicant's property, but his neighbor's property to the north. The neighbor has agreed to allow the parking on his property. If the ownership should change and the auxiliary parking area was not allowed by the new neighbor, the applicant has indicated that parking would be provided by trimming trees in the orchard to allow cars to park underneath, and by removing up to 50 recently planted almond trees in front of the house. (In 2010, the applicant planted an additional 450 almond trees on the property.)
PUBLIC REVIEW
The project was considered at the Esparto Citizens Advisory Committee on March 19, and the committee voted 3-1 to recommend approval to the Planning Commission.
Several neighbors have submitted letters and e-mails (Attachment F) that are opposed to the project or have raised concerns.
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