STAFF REPORT FOR ADMINISTRATIVE PERMIT AP# 4-2009 PAGE ZA-14

November 22, 2010

NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT the Mendocino County Zoning Administrator at its regular meeting on Thursday, December 9, 2010, at 10:00 a.m., to be held in the Planning and Building Conference Room, 501 Low Gap Road, Ukiah, California, will conduct a public hearing on the following project at the time listed or as soon thereafter as the item(s) may be heard.

CASE#: AP 4-2009 DATE FILED: 5/11/2009 OWNER: GARY BALLARD APPLICANT: THE PEG HOUSE REQUEST: Administrative Permit to authorize the temporary use of a property for ten (10) one-day outdoor music events per year with a maximum attendance level of 700 people per event. LOCATION: 1.1+/- miles north of Leggett, lying on the east side of State Highway 101, 1.46+/- miles north of its intersection with State Highway 1, located at The Peg House 69501 North Highway 101; AP# 053-370-31. PROJECT COORDINATOR: DUSTY DULEY ENVIRONMENTAL DETERMINATION: The request has been processed through the County Environmental Review Process and it has been determined that the project is Categorically Exempt from environmental review.

Your comments regarding the above project(s) are invited. Written comments should be submitted to the Department of Planning and Building Services, at 501 Low Gap Road, Room 1440, Ukiah, California, 95482, no later than December 8, 2010. Oral comments may be presented to the Zoning Administrator during the public hearing. The Zoning Administrator's action regarding this item shall be final unless appealed to the Board of Supervisors. The last day to file an appeal of the Zoning Administrator's decision is the 10th day after the hearing. To file an appeal, a written statement must be filed with the Clerk of the Board with a filing fee prior to the expiration of the above noted appeal period. If you challenge the project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Department of Planning and Building Services at, or prior to, the public hearing. All persons are invited to appear and present testimony in this matter. Additional information regarding the above noted item(s) may be obtained by calling the Department of Planning and Building Services at 463-4281, Monday through Friday, 8:00 a.m. through 5:00 p.m. The Staff Report and Notice is available for review at the Department of Planning and Building Services at 501 Low Gap Road, Room 1440, Ukiah and on the Department’s web site at www.co.mendocino.ca.us/planning. Should you desire notification of the Zoning Administrator's decision you may do so by requesting notification in writing and providing a self-addressed stamped envelope to the Department of Planning and Building Services. IGNACIO GONZALEZ, Director of Planning and Building Services

COUNTY OF MENDOCINO DEPARTMENT OF PLANNING AND BUILDING SERVICES 501 LOW GAP ROAD ROOM 1440 UKIAH CALIFORNIA 95482

IGNACIO GONZALEZ, DIRECTORTelephone 707-463-4281

FAX 707-463-5709pbs@co.mendocino.ca.us

www.co.mendocino.ca.us/planning

STAFF REPORT FOR ADMINISTRATIVE PERMIT AP# 4-2009 DECEMBER 9, 2010

PAGE ZA-1 OWNER/APPLICANT: GARY BALLARD for THE PEG HOUSE D.B.A. 69501 NORTH HIGHWAY 101 LEGGETT, CA 95585 REQUEST: Administrative Permit to authorize the temporary use of a

property for ten (10) one day outdoor music events per year with a maximum attendance level of 700 people per event.

ASSESSOR'S PARCEL NUMBER: 053-370-31 LOCATION: 1.1± miles north of Leggett, lying on the east side of State

Highway 101, 1.46± north of its intersection with State Highway 1, located at 64501 North Highway 101.

TOTAL ACREAGE: 5± Acres GENERAL PLAN: Rural Community (RC) ZONING: Rural Community- 40,000 square foot minimum (RC 40K) EXISTING USES: Grocery Store/Deli and Gas Station ADJACENT ZONING: North: Timber Production and Flood Plain (TP 160 + FP) East: Timber Production and Flood Plain (TP 160 + FP) South: Public Facilities (PF 0) West: Timber Production and Flood Plain (TP 160 + FP) SURROUNDING USES: North: Timber Production East: Timber Production South: State Park Campground West: Timber Production SURROUNDING LOT SIZES: North: 125± acres East: 125± acres South: 350± acres West: 125± acres SUPERVISORIAL DISTRICT: 4 OTHER RELATED APPLICATIONS ON SITE OR SURROUNDING AREA: The Planning Commission approved Use Permit #U 88-83 on January 5, 1984 allowing for the establishment of a 10 space RV Park. The permit was allowed to expire in January 16, 2004. BACKGROUND: Staff was contacted by a Mendocino County Sheriff officer in regards to a well attended music event that took place April 20, 2009 on the property owned by Mr. Gary Ballard. Unruly actions of individual event patrons led to the summoning of law enforcement that night. Finding that the property owner had not received an administrative permit, staff informed Mr. Ballard of the permit requirements. Mr. Ballard submitted his application on May 11, 2009. Staff has failed to process the after the fact permit application in a timely fashion at no fault to the applicant. Staff has not received a complaint from the public or any other agency including the Sheriff’s office since the April 20, 2009 event.

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PROJECT DESCRIPTION: The applicant is requesting approval to allow for the temporary use of a 5± acre property for ten (10) one-day outdoor music events per year with a maximum attendance level of 700 people per event. Section 20.168.020(B) of the County Inland Zoning Code requires that the time period of special events not exceed five (5) days in any six (6) month period and Section 20.168.020(C)1 requires that gatherings of one hundred (100) to one thousand (1,000) persons obtain an administrative permit. A business known as The Peg House currently operates on-site and includes a general store, deli, and gas station. An outdoor stage and pavilion was constructed adjacent to the store and along with an eating and dancing area, is entirely enclosed by a 6 foot tall redwood fence. Attached is a list of sixteen (16) scheduled events that took place between May 30th and September 12th, 2010. All events took place on Sunday’s starting at 2 p.m. According to the applicant, only two (2) events, the August 9th and September 12th events, exceeded an attendance level of 100 people. No other events have been scheduled for 2010. The 2011 lineup schedule has yet to be determined. The property is located approximately 1 mile north of Leggett and adjacent to State Highway 101. A plot plan of the entire property and the outdoor entertainment or patio area has been provided by the applicant. DISCUSSION: Staff’s main concern with holding special events at this location is traffic safety as the property is located adjacent to State Highway 101. Traffic safety concerns include safe ingress and egress to and from the Highway and pedestrian safety. The posted speed limit is 55 mile per hour when traveling by the Peg House on Highway 101. Even with the speed of travel, adequate site distance exists to safely access the Highway from the subject parcel. Although events are planned for one day in the afternoon hours, some attendees may choose to stay at the Standish-Hickey State Recreation Area campground located directly across the Highway, opposite the Peg House. Special traffic controls may be necessary to allow for safe pedestrian crossing on Highway 101 for attendees arriving from the campground. As access is from State Highway 101, the California Department of Transportation (Caltrans) provided comments to address traffic safety including pedestrian crossing. Depending on the size of the event, special traffic control provisions may be necessary to ensure adequate access is available for event attendees and to limit potential impacts to Highway 101. Caltrans recommendations, as found in their letter dated August 28, 2009, are including in condition numbers 1 and 2. Prior to each event, the applicant will need to contact the Caltrans Permit Inspector for Mendocino County Caltrans notes that “Not more than four (4) permits for the same activity at the same location shall be issued in any calendar year.” Depending on the amount of attendees, Caltrans may not require traffic safety mitigations for certain events. Again, even though the applicant is asking for a cap attendance of 700 people, according to Mr. Ballard, fewer than a 100 people have shown up for all but two events. Staff is recommending condition number 3 which will require the applicant to provide an annual attendance level count to the County Department of Planning and Building Services for each individual public event occurring on the property. The Mendocino County Sheriff’s Office (MCSO) has provided staff with recommendation for ensuring that adequate security is provided and to control the sales of alcohol. The MCSO June 17, 2009 letter to staff is attached to the report. See condition numbers 4 and 5. The County Division of Environmental Health (DEH) requires that the applicant acquire a Community Event Permit for any event attended by over 100 people. See condition number 6. The County Building Inspector noted that the existing stage and pavilion were constructed without benefit of permit. A building permit application #BU 2009-0188 were submitted to the Department of Planning and Building Services on April 13, 2009. A letter was sent to Mr. Ballard on April 23, 2009 noting corrections that needed to be made before the Department could sign off on the building permit. The permit has yet to be issued as of the writing of this report. Condition number 7 requires the applicant to resolve all outstanding building permits prior to conducting any further events. The California Highway Patrol, California Department of Forestry and Fire Protection, and the local Leggett Valley Fire District did not respond to staff’s referral. ENVIRONMENTAL REVIEW: The project is Categorically Exempt from the California Environmental Quality Act (CEQA), Class 4e.

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GENERAL PLAN CONSISTENCY RECOMMENDATION: The proposed project is consistent with applicable goals and policies of the General Plan. STAFF RECOMMENDATION: Staff recommends approval of #AP 4-2009 based on the following findings and conditions. RECOMMENDED MOTION:

General Plan Consistency Finding: As discussed under pertinent sections of the staff report, the proposed project is consistent with applicable goals and policies of the General Plan as subject to the conditions being recommended by staff.

Environmental Findings: The Zoning Administrator finds that the project is Categorically Exempt from CEQA, Class 4e.

Project Findings: The Zoning Administrator approves #AP 4-2009 subject to the conditions of approval recommended by staff further finding: 1. That adequate utilities, access roads, drainage and other necessary facilities have been or are

being provided. Condition number 1 requires the applicant to consult with Caltrans on traffic safety and comply

with any of their requirements. Adequate parking and circulation exists to accommodate up to 280 vehicles.

2. That the proposed use will not constitute a nuisance or be detrimental to the health, safety,

peace, morals, comfort or general welfare of persons residing or working in or passing through the neighborhood of such proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the county.

Surrounding land uses include a State park and campground and timber production with some

scattered homes. The closest off-site residence that staff is aware of is located approximately 1,500 feet west of the project site. Staff is unaware of any public complaints against the facility from past events. Staff does not anticipate that the project will result in a nuisance to the neighborhood.

3. That such use preserves the integrity of the zoning district.

The temporary use of the land for outdoor music events in the Rural Community (RC 40K) zoning district is provided for in the County Inland Zoning Code Section 20.060.025 subject to obtaining an administrative permit.

RECOMMENDED CONDITIONS: Conditions which must be met prior to use and/or occupancy and for the duration of this permit:

1. The applicant shall contact the California Department of Transportation prior to an event to determine the need for a Special Events permit and what special traffic control and safety measures are necessary. Applicant shall implement determined traffic measures to the satisfaction of the California Department of Transportation.

2. No facilities shall be placed, or work performed, within the State Highway right-of-way without specific

approval and issuance of an encroachment permit from the California Department of Transportation.

3. Total individual attendance shall be limited to no more than 280 vehicles and 700 attendees, including staff. The applicant/producer shall provide the Department of Planning and Building Services with a count of attendees for each event that exceeds over 100 attendees no later than 30 days following each event. The applicant is limited to having 10 one-day events per year, not to exceed 5 events of

STAFF REPORT FOR ADMINISTRATIVE PERMIT AP# 4-2009 PAGE ZA-4

over 100 attendees in a six-month period. Events attended by less than 100 people are not subject to this limitation.

4. The applicant shall comply with the recommendations of the Mendocino County Sheriff’s Office in

their letter dated June 17, 2009 or other alternatives found to be acceptable by the Mendocino County Sheriff’s Office. These recommendations include:

A. Security shall be provided for each event at a ratio of no less than one (1) security person per

90 attendees. Security shall remain in a clean and sober condition during the hours of employment.

B. Alcohol Sales to be posted “No one under 21 served”.

C. Soft drink concession to be separate from the alcohol sales.

D. Youthful consumers must have ID checked.

E. No onsale alcohol to leave premised under the type 41 license (concert area)

F. No off sale alcohol to come on to the premises

G. Must not serve obviously intoxicated subjects.

H. Any person on court ordered community service, active parole, probation or persons ordered

to register as sex offenders under Penal Code section 290, may not serve as security.

I. Deputies from the Mendocino County Sheriff’s Office or any on duty peace officer as described under 830.1 through 830.7 of the California Penal Code may not be denied access into the event.

J. The event may in no way circumvent or serve alcohol beyond the restrictions of the type 21

and type 41 licenses currently possessed through the Alcohol Beverage Control Board.

5. The applicant shall submit a letter from the Mendocino County Sheriff’s office to the Department of Planning and Building Services which states that public safety will not be compromised when the events occur.

6. The applicant shall obtain a Community Event Permit from the County Division of Environmental

Health. Toilet and a hand washing stations shall be provided in numbers and locations to the satisfaction of the Division of Environmental Health.

7. Prior to an event, the applicant shall obtain all permits for the pavilion/stage.

8. The applicant shall provide adequate trash and recycling receptacles during each event and shall be

responsible for cleanup and proper disposal of any litter created by each event.

9. Hours of events shall be limited to between 8:00 a.m. and midnight.

10. All special lighting for the events shall be internally directed, and shall be limited to the actual event dates.

11. No permanent signs advertising the site or event are authorized by this permit

12. Approved fire extinguishers shall be placed in appropriate areas for fire suppression.

13. If parking is to occur within a grassy area, the grass must be mowed prior to each event to reduce fire

hazards

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14. All parking shall be on-site and out of the State Highway 101 right-of-way. Open ingress and egress shall be maintained for emergency service access.

15. No campfires or cooking fires shall be allowed. 16. This Administrative Permit will run through December 9, 2011, at which time the applicant must

request a renewal of AP 4-2009.

17. The use and occupancy of the premises shall be established and maintained in conformance with the provisions of Title 20 of the Mendocino County Code unless modified by conditions of this Administrative Permit.

18. This permit is subject to the securing of any additional permits that may be required by County, Sate,

and Federal Agencies having jurisdiction. Any requirements imposed by an agency having jurisdiction shall be considered a condition of this permit.

19. This permit is issued without determination having been made upon the number, size or shape of

parcel(s) encompassed within the permit described boundaries. Should, at any time, a legal determination be made that the number, size or shape of parcels within the permit described boundaries are different than that which is legally required by this permit, this permit shall become null and void.

20. That the application along with supplement exhibits and related material be considered elements of

this entitlement and that compliance there with be mandatory, unless a modification has been approved by the Zoning Administrator.

21. This permit shall be subject to revocation or modification by the Zoning Administrator upon a finding

of any one (1) or more of the following grounds:

a. That such permit was obtained or extended by fraud. b. That one or more of the conditions upon which such permit was granted have been violated. c. That the use for which the permit was granted is so conducted as to be detrimental to the

public health, welfare or safety, or as to be a nuisance.

Any such revocation shall proceed as specified in Title 20 of the Mendocino County Code.

22. Each year, following the event, any applicable agency may contact the Department of Planning and Building Services to request a meeting to assess the previous event and to make any adjustment to the terms or conditions of the permit, or the project, as may be necessary to provide for a safer operation. If in the opinion of the Director of Planning and Building Services an issue arises that would significantly modify any term or condition of this permit, or if in the opinion of any of the reviewing agencies a significant issue has developed that causes any un-resolvable concern, a new public hearing shall be scheduled at the applicant’s expense under the revocation/ modification procedures of the zoning ordinance. Any extraordinary costs related to these agencies for these inspections shall be paid by the applicants.

It is the intent of this condition to provide some reasonable flexibility and that the applicant and the responsible agencies be authorized to work together to "fine tune" the conditions of this entitlement to provide a quality event for all concerned. Any significant issue that may arise, that can not be resolved through mutual agreement or any issue that may cause significant public concern in the opinion of the Director of Planning and Building services will cause a revocation/modification hearing, at the applicant's expense, in order to provide public input.

___________________________ __________________________________ DATE DUSTY DULEY PLANNER II

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___________________________ __________________________________ DATE NASH GONZALEZ ZONING ADMINISTRATOR DD/at November 23, 2010 Categorically Exempt Appeal fee: $910.00 Appeal period: 10 days

REFERRAL AGENCIES REFERRAL NOT RETURNED

REFERRAL RECEIVED "NO COMMENT"

COMMENTS RECEIVED

Department of Transportation X Environmental Health - Ukiah X Building Inspection X Emergency Services X

Assessor X AQMD X Forestry Advisor X Caltrans X CalFire X Department of Fish and Game X Standish Hickey State Recreation Area X Department of Health Services X CHP X MCSO X MSWMA X Leggett Fire District X Public Health Dept X

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