The purpose of this article is to define standards that regulate the operation of a limited commercial social event while protecting the health, safety, and welfare of the community.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

This article applies to administrative use permits issued for the operation of a Commercial social event, limited and special use permits for the operation of a Commercial social event in the Agricultural Preserve (AP) zone and the General Agriculture (GA) zone.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

(a)

"Commercial social event" shall be as defined in Section 9-2.224.7 of this Chapter.

(b)

"Commercial social event, limited" shall be as defined in Section 9-2.224.9 of this Chapter.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

(a)

An administrative use permit, meeting the requirements of Title 9, Chapter 2, Article 6.3, is required to be issued by the Planning Director to allow up to nineteen (19) limited commercial social events to be held per calendar year for up to 250 guests on a parcel zoned AP (Agricultural Preserve) and GA (General Agriculture). No event shall exceed three (3) consecutive days in length. The term of the administrative use permit shall be no longer than twelve (12) months from the date of issuance.

Application for the administrative use permit shall be submitted to the Department of Planning and Building Services at least ninety (90) days prior to the first event of the calendar year.

(b)

The administrative use permit, once issued, may be renewed on an annual basis as provided in Article 6.3 of Chapter 2 of this title. Application for renewal shall be submitted to the Department of Planning and Building Services at least sixty (60) days prior to the first event of the calendar year.

(c)

The primary use of the parcel on which the limited commercial social event is located shall be commercial agricultural production. All uses proposed on Williamson Act contracted property must be compatible with the Williamson Act. The portion of the property used for the limited commercial social event shall be no more than ten (10%) percent of the total acreage or five (5) acres of land, whichever is less. The event must be designed to be compatible with on-site agricultural operations as well as any adjoining agricultural operations and single family residences, including appropriate setbacks, and parking. Areas seasonally used for agricultural production may be temporarily used for event activities (e.g., parking) provided that no permanent damage occurs to the resource and that there is no demonstrable loss of agricultural productivity.

(d)

A facility compliance form shall be required to be submitted annually to the Department of Planning and Building Services to report on each year's event operation. The facility compliance form shall include a report on the status of and compliance with all conditions of the administrative use permit issued for the limited commercial social event.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Application for an administrative use permit shall be made in writing by the owners of the property or by the proposed operator with the consent of the owners, on a form prescribed by the Planning Director and shall be submitted to the Department of Planning and Building Services.

County staff will forward application materials to the appropriate local and state agencies for review and will coordinate any responses received.

The following list may not be all inclusive.

(a)

Access.

(1)

Capacity of road providing access. The event venue shall have access from a road/roads which has/have adequate capacity for existing traffic and traffic proposed by the Commercial social event, limited. Any and all road improvements (public and private) must be made only as allowed by the provisions of a recorded access easement.

(2)

Onsite access to meet code requirements. The event venue shall be located on a parcel that complies with the driveway and turnaround road standards specified in Sections 9-4.503 and 9-4.604(1) of this Code.

(3)

Access from private road(s). If primary access is not from a County maintained road or a State highway, the applicant or operator shall participate in any existing active road maintenance organization for all privately maintained access road(s). If no road maintenance organization exists, the applicant or operator shall record a road maintenance agreement which provides for maintenance of drainage and erosion control devices, fuel modification, and upkeep of road surfaces from at least the owner's property to the nearest County maintained road or State highway. The road maintenance agreement shall be in effect for the life of the project unless maintenance for the roadway is assumed by the County, a special district, other governmental entity, or a private road maintenance organization.

(4)

Air quality/emissions of air pollutants. The District rules of the Northern Sierra Air Quality Management District apply to the regulation of dust suppression measures created by the use of any access road(s) to serve the limited commercial social event venue. District Rule 205 prohibits the discharge of air contaminants or other materials from any source which cause injury, detriment, nuisance, or annoyance to any considerable number of persons, or to the public, or which endangers the comfort, repose, health, or safety of any such persons, or the public or which cause to have a natural tendency to cause injury or damage to business or property. Appropriate dust suppression measures to prevent dust emission and/or airborne transmission of fugitive dust from the roadway(s) serving the venue shall be utilized by the property owner and/or operator of the limited commercial social event.

(b)

Fire safety/fire prevention plan. A plan for fire safety and fire prevention, as well as for emergency response services, shall be approved by the appropriate structural fire protection agency. If the parcel proposed for use for the limited commercial social event is not located within the boundaries of a structural fire protection district, a contract obtained from the nearest district, which includes conditions of service, can be used to satisfy the requirement for the fire safety and fire prevention plan.

(c)

Parking.

(1)

The limited commercial social event venue, excluding parking areas, shall be located at least 200 feet from the boundary of the nearest parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), or Rural (R-10 or R-20).

(2)

The limited commercial social event parking areas shall be located at least 20 feet from the boundary of any parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), or Rural (R-10, or R-20).

(3)

All parking for the event shall be located on the site of the event. No parking shall be permitted within any County or State rights-of-way. At least one (1) off-street parking space shall be provided for each two (2) guests in attendance at the limited commercial social event. Parking areas shall be surfaced with gravel, asphalt or asphaltic concrete to reduce dust and be reasonably maintained free of vegetation. Alternatively, areas covered with grass or pasture may be used for parking provided the grass is trimmed to a height of no more than three (3) inches or as needed to reduce risk of fire. Compacted dirt, decomposed granite, gravel or other permeable surface may be utilized only if the area is sufficiently treated with dust suppression measures to prevent dust emission and/or airborne transmission of fugitive dust from the site. The District Rules of the Northern Sierra Air Quality Management District shall apply to regulation of dust suppression measures for on-site event parking areas.

(d)

Traffic management plan. Prior to the issuance of the administrative use permit, a traffic management plan shall be submitted to and approved by the Department of Public Works for events exceeding one-hundred (100) guests that utilize County roads for direct access to the event site. The traffic management plan shall include appropriate techniques to provide safe ingress and egress from event facilities without resulting in substantial congestion of roadways, or otherwise cause traffic-related hazards. Such techniques may include, but may not be limited to:

(1)

Temporary caution and directional signage;

(2)

Clearly defined points of ingress/egress;

(3)

Cones or other clear markers placed to help direct vehicle flow, define parking areas and driveways; and

(4)

Flag persons to help direct vehicle flow and minimize congestion. If any of the implementation techniques proposed in the Traffic Management Plan are to occur within State highway right-of-way, the Traffic Management Plan shall be submitted to and approved by the California Department of Transportation (CALTRANS) and an encroachment permit will be required for the traffic control measures. Any proposed traffic control devices and methods shall conform to CALTRANS standards.

(e)

Event hours/noise.

(1)

If a limited commercial social event venue is located within three-hundred (300) feet of a parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), or Rural (R-10 or R-20), or of any personal residence located on adjacent property, the commercial social event shall occur between the hours of 10:00 a.m. and 10:00 p.m. excluding set up and clean up time.

(2)

If a limited commercial social event venue is not located adjacent to a parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), Rural (R-10 or R-20) or is located over three hundred (300) feet from a parcel zoned Single-Family Residential (2-R, 3-R, 7-R), Multiple-Family Residential (M-R), Suburban (S-1), Secondary Suburban (S-3), Rural (R-10 or R-20) or is held entirely within an enclosed building, the event hours are not restricted by the County.

(3)

At no time during the event, shall the noise generated by the limited commercial social event exceed the outdoor Community Noise Exposure level of 70 Ldn or CNEL (dB) as measured at any property line.

(f)

Water.

(1)

Water system permit, required. The event venue shall be permitted as a local small drinking water system or other County regulated water system in accordance with Title 6 Chapter 9 of Plumas County Code, unless otherwise approved by Environmental Health.

(2)

Drinking water plan, required. Prior to the issuance of the administrative use permit, a drinking water plan specifying the provision of potable water service at the limited commercial social event shall be submitted to Environmental Health for review and approval. The drinking water plan shall specify that at least one (1) drinking fountain or equivalent arrangement for potable water shall be provided at no cost for guests numbering from one (1 to two hundred fifty (250).

(3)

Water system, limitation on operation. The applicant or operator shall certify that not more than twenty-five (25) people daily for more than sixty (60) days of the year are being served by the drinking water system. This certification shall be included in the annual facility compliance form described in Section 9-2.4404(d).

(g)

Wastewater.

(1)

Sewage disposal, required. The limited commercial social event venue shall be provided with means for sewage disposal in accordance with Title 6 Chapter 6 of Plumas County Code.

(2)

New or existing onsite wastewater treatment and disposal system (OWTS). If new or existing onsite wastewater treatment and disposal system (OWTS) facilities are proposed, the applicant must demonstrate that they are designed, sited, and constructed to adequately and safely serve anticipated wastewater flows generated at the limited commercial social event venue.

(3)

Temporary vaults or portable toilets. If temporary vaults or portable toilets are proposed, they must be serviced by a sanitation vendor who has a current Plumas County permit to operate issued by Environmental Health.

(h)

Water closets and urinals. At least one (1) water closet and one (1) urinal shall be provided for the first one-hundred (100) males or portion thereof in attendance at the limited commercial social event, two (2) water closets and two (2) urinals for one hundred and one (101) to two hundred (200) males, with three (3) water closets and three (3) urinals from two hundred and one (201) to two hundred and fifty (250) males. One (1) water closet shall be provided for the first twenty-five (25) females or portion thereof in attendance, two (2) water closets for twenty-six (26) to fifty (50) females, three (3) water closets for fifty-one (51) to one hundred (100), four (4) water closets from one hundred and one (101) to two hundred (200) females and six (6) water closets from two hundred and one (201) to two hundred and fifty (250) females.

(i)

Signage. On-site signage shall not exceed that necessary to identify the venue and to direct traffic and shall be removed immediately following each event. On-site signage shall be in accordance with Section 9-2.416 of this Code. An encroachment permit shall be obtained prior to placing any signage within a County road right-of-way. Temporary roadside signs for the event placed within any State highway right-of-way shall conform to the CA-MUTCD and may require an encroachment permit. Advertising within any State highway right-of-way is prohibited (California Streets and Highways Code Section 720). Off-site advertising of any kind is prohibited by Plumas County Code.

(j)

Encroachment permit for access. If access to the venue is off a County road or State highway right-of-way, an encroachment permit shall be obtained. Improvement of the proposed roadway connection to CALTRANS standards may be a condition of the State encroachment permit.

(k)

Lighting. Lighting shall not exceed that necessary to provide for the safety of guests attending the event. All lighting shall be low level, low intensity and directed downward toward the area to be illuminated to reduce light pollution, glare and spillage. Lighting shall be so installed as to focus away from adjoining properties as per Plumas County Code Section 9-2.411.

(l)

Power cords. Temporary power cords shall not be affixed to structures, extended through walls, or subjected to environmental or physical damage. Cords shall be secured to prevent tripping hazards. Large diameter cords shall be provided with cord bridges or ramps to facilitate the crossing of wheel chairs, strollers and similar wheeled equipment.

(m)

Temporary stages or other event structures. A building permit issued by the Building Department shall be secured prior to erecting a temporary stage or any other structures constructed on the property for the limited commercial social event. Evidence shall be provided to show that building permits have been obtained for these structures prior to approval of the annual administrative use permit. All requirements for accessibility shall be satisfied.

(n)

Tent or membrane structure. If a commercial social event utilizes a tent or membrane structure, the placement, construction, and use of that structure shall adhere to all applicable provisions of the California Building Standards Code as adopted by Title 8 of this Code, including the California Fire Code. All requirements for accessibility shall be satisfied.

(o)

Refuse waste and recyclables. Receptacles for refuse and recyclable materials shall be provided for each limited commercial social event. Bins or containers must be serviced in a manner and frequency that prevents odors, leakage, overflow, or flies. Recycling is encouraged but sorting, storage and removal from the premises must be timely to prevent flies, odors, or other nuisance conditions. All refuse and recyclables shall be collected the day following the event and shall be removed from the parcel within seven (7) days following conclusion of the event in conformance with Title 6, Chapter 10 of this Code. Environmental Health, by special order, may require more frequent removal in specific circumstances threatening public health and safety.

(p)

Food. If food will be served to attendees of the event, it must come from a facility permitted by Environmental Health in accordance with the California Retail Food Code as adopted by reference in Section 6-3.02 of Plumas County Code.

(q)

Alcoholic beverages. If alcoholic beverages will be served, all requirements of the Alcoholic Beverage Control Act shall be followed during the event.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

A special use permit per Article 6 of Chapter 2 of this title shall be obtained prior to holding any commercial social event on a parcel zoned AP (Agricultural Preserve) and GA (General Agriculture) that exceeds the number of events and/or days or is otherwise not in compliance with the standards for limited commercial social events contained in Sections 9-2.4404 and 9-2.4405 of this article.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

"Outdoor festival" shall mean and include any outdoor gathering that is for the primary purpose of attending or participating in or observing a musical or theatrical performance to which the public is admitted, with or without the payment of admission charges. Outdoor festivals are regulated as per Title 5, Chapter 6 of this Code and are exempt from the provisions of this article.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)

Notwithstanding Section 9-2.4404(c) of this article, if an agriculturally zoned parcel is found to be subject to a Land Conservation Act Contract (Williamson Act) for which an administrative use permit or special use permit is obtained for the purpose of commercial social events, then a consultation with the County Assessor is required to determine if a tax re-assessment will be required. The applicant shall provide an annual report to the Assessor addressing compatibility with the Land Conservation Act (Williamson Act). All uses proposed on Williamson Act contracted property must be compatible with the Williamson Act. Any activity(ies) conducted on a property under Contract other than agricultural uses, or miscellaneous compatible uses as determined by the Board of Supervisors, may also result in penalties including, but not limited to, non-renewal of the Contract.

(§ 4, Ord. 2020-1129, adopted May 19, 2020)