Subject:  JH Ranch ZV-00-36 ....Dated November 30, 2006

 

Dear:

 

     JH Ranch is a 79 acre Planned Development utilized as a Guest Ranch.  It is developed with housing accommodations, recreational facilities and open space. The Ranch includes a 6.5 acre area that is zoned C-R (Rural Neighborhood Commercial).  The C-R portion is currently developed with the lodge, chapel, staff lounge and some recreational facilities.

     The Siskiyou County Planning Department has been working with JH Ranch over the past year discussing facility upgrades and code enforcement issues. Staff changes have precipitated the need for an in depth review of the files in order to assist the Ranch with meeting their intended goals.  I want to thank JH Ranch for their patience during the review process.

     The purpose of this letter is to provide notice of the findings from comprehensive file and on-site reviews to determine compliance status with the 1993 Planned development (PD) approvals.

 

BACKGROUND:  On October 5, 2006 I met with JH Ranch spokesman Mark Christopher and the Ranch Foreman, Ken.  The purpose of the meeting was to tour the Ranch to document the existing facilities and uses.  The Ranch provided an aerial map identifying most of the structures.  Some were not

identified due to heavy tree cover.  They have been identified and drawn in.  A subsequent map has been provided which includes all structures.

     My discussion with Mark revealed that it is not the intent of the Ranch to expand the existing use.  However, they do have plans to upgrade existing facilities.  The Ranch also recognizes that some aspects of the PD are out of compliance and is actively working to abate some of the violations.

     The 1993 application for the Ranch PD stated that the intent of the project was to bring all previous use permits into compliance with existing activities.  The document titled Summary Description of Uses and Activities was considered and approved as part of the project Z-93-11.  The document was obtained from the county Board Clerk records and is now considered the governing document for the JH Ranch.

     

The Summary Description of Uses and Activities as approved by the Board in 1993 allow for the following:

 

• Year round activities and use with the heaviest use occurring June through August.

• Most guests fly into an airport and are transported by charter bus.  Typically 4 per week bring 200 guests and take out 200 for a return flight.

• Buses are also used to transport guests to off-premises wilderness camping and rafting trips.

• Programs typically include 200 guests and 50 staff on-site.  It also allows for 200 guests and 30 staff off-site.

• It allows for overlapping arrival-departure schedules.  In this case all 480 may stay one night with the departing group staying in the "campout area"

• In addition to buses, traffic includes a once per week food delivery truck, a once per week garbage pick up truck, and incidental traffic, such as the electric meter reader, ranch management trips to town, and car traffic associated with occasional "parents night."

• Housing facilities for guests and staff are to include 17 cabins, the lodge and ranch house for a combined occupancy of approximately 275 persons.

• Housing accommodations also included a 14-space RV park.

• The lodge serves as the dining facilities, provides space for business offices, and staff housing. (Note:  this is on the C-R property and not subject to the PD.)

• The store near the lodge provides for guest sundries. (Note:  this is also in the C-R zoning and has been converted to a chapel and employee lounge.)

• Open air deck, swimming pool, recreational lake with a slide, diving area, zip line, blob, and rope swing are also included.

• Parking is to be provided at each cabin and various other locations.

• Recreational uses include physical conditioning and confidence-building activities (ropes courses), climbing wall, rappelling tower, zip-line, and exercise stations.  There are facilities for outdoor basketball, tennis, volleyball, soccer, and a planned "Jungle Golf" (primitive golf of 3 holes).

• A campout area is designated for tenting out or sleeping under the stars.  The use is seasonal and served by chemical toilets when in use.

• The barn includes animal husbandry, horsemanship training and covered assembly for guest and staff.  Plans for a remodel of the facility were noted.

• The open space was dedicated for activities such as walking, jogging, photography, mountain biking, bird watching, horseback riding, etc.

• Future facilities included plans to enhance operations and not to increase occupancy.  They included construction of a chapel, maintenance of buildings and improvements to the fitness and challenge courses.  The chapel and maintenance buildings were to be single story enclosed, and the location dependent upon the availability of wastewater disposal options.

 

     The 1993 maps also indicate future uses for the lodge.  Those uses include a conference center, game room, square dancing, general store, weight l             lifting facility and snack bar.  It is noted that the lodge is in the C-R zoning and not subject to PD requirements.

 

• Aerobics

• Agility course

• Archery

• Amphitheater

• Backpacking

• Bird Sanctuary

• Cultural education and field studies

• Hayrides

• Nature trail hikes

• Nordic skiing

• Photographic excursions

• Fishing, Horseback riding

• Laser tag off-site, River rafting

• Ropes courses

• Skeet shooting

• Snowboarding

• Soccer

 

     The map also allows for additional uses not designated which are in the opinion of the Planning Director are consistent with listed uses.  Further, the map notes that "uses and activities are noted at their respective locations where applicable."

 

FINDINGS AND ACTIONS FOR NON-COMPLIANCE

 

OCCUPANCY VIOLATIONS:   During my visit I was unable to do any assessment of allegations of exceeding occupancy limitations.  While the Ranch has indicated that they operate within the terms of the Use Permit with respect to occupancy, the number presented by the Ranch on the "forum" website indicates that camper occupancy is approximately 250.  That number did not include staff.  The 1993 project description submitted by the Ranch reports a total of 80 staff and 400 guests.  The Ranch currently acknowledges approximately 125 staff.  File notes reflect that previous inquiries about occupancy have revealed that the Ranch has acknowledged exceeding the occupancy limitations.

     On December 1, 2006, I met with representatives of the Ranch to discuss the occupancy issue.  The Ranch acknowledged that there are approximately 250 guests and 100 staff on site one week.  The second week the 250 guests and 25 staff leave the Ranch for off-site activities.  During the second week the Ranch is supported by the remaining 75 staff members.

 

      ACTION:  Ranch occupancy is restricted.  The total number of guests and staff is restricted to 250 on-site and 230 off-site.  The PD does provide                  for an overlap allowing all 480 people on-site for one night.  Immediately cease and desist occupancy of the Ranch which exceeds established limits.        

 

TRAFFIC ISSUES:  The 1993 description anticipated 4 bus trips per week bringing guests to and from the airport.  Additional bus trips are generated transporting guests to off-site adventures, one truck once per week for food deliveries, one garbage truck per week and other incidental traffic associated with utility meter readers, repair service calls and occasional "parent night" visitors.  In addition, Mark explained that the Ranch uses a fleet (I observed approximately four 15 passenger vans) to transport guests to and from local airports.  Many citizen complaints have been received over the past several years alleging traffic has exceeded the trips described and approved.  It is difficult to determine if the traffic impacts are being generated by increased activity from the Ranch or from the cumulative increase in development up French Creek.

 

     ACTION:  Further assessment of the traffic is also needed.  Please provide a narrative of the number and type of trips generated by the Ranch                       operations in the form of a comprehensive traffic study.  Further building permits cannot be issued until compliance is obtained.

 

UNAUTHORIZED RV UNITS:  One of the citizen complaints alleges occupancy of 10 or more RV units during the summer operation.  I discussed this with Mark and he acknowledged that the Ranch had purchased a number of RV units that were used by Ranch staff and employees.  Mark and Ken indicated that they have made an effort to eliminate all RV units from housing stock.  As we drove through the facility, we observed RV units at several locations throughout the Ranch and at surrounding off-site Ranch properties.  One RV is currently set and is occupied year-round by maintenance staff.  On November 9, 2006, Mark informed me that as of late October the Rv's have been stored off-site and some have been sold.  Mark and I discussed the fact that the Ranch exchanged their ability to install a 14-unit RV park for permission to install 14 tent cabin structures.  I informed Mark that County Code does not allow occupancy of an RV outside of an RV park or campground over 30 days per year. RV units are not permitted in the PD.  Housing and Community development has confirmed that the Ranch does not have a 14-space RV Park permit.

 

     ACTION:  The Ranch must immediately cease and desist permanent and temporary occupancy of all RV units within the PD boundaries.

     In addition, since the PD does not provide for RV storage, all unoccupied RV units must be removed from the PD property.

 

OFF-SITE HOUSING UNITS FOR STAFF:  The Ranch acknowledge in 2006 to previous Assistant Planning Director Patricia Bluman that the units known as "the green bean" (a double wide mobile home). The "Wrangler" (an old two story cabin), and a unit known as the "Convent" (a double wide mobile home) are all used for female staff and are located outside the PD boundaries.  The Ranch proposed two lodging facilities in place of the three off-site dwelling units currently being utilized in order to eliminate off-site use violations for staff lodging.  They have proposed a location in the vicinity of the existing cabins rather than the location designated on the 1993 PD map.  While the 1993 map identifies 17 cabins, the 2006 map identifies 15 cabins; the status of two cabins (Eden and Breezeway) is unknown.  There is precedence for allowing discretion for building locations, as well as equivalency or trading uses in order to meet the intent of the PD.

 

     ACTION:  Immediately cease and desist occupancy of all residentially zoned off-site dwelling units that are associated with temporary living

     quarters for camp staff.  Employees and their families may occupy off-site residential units.

 

OFF-SITE WASTE DISPOSAL:   A citizen complaint alleging use of an off-site trash compactor and "bone yard" was received several weeks prior to this inspection.  The matter was referred to County Environmental Health.  On September 15, 2006, the Planning Department received a written report from County Health documenting an illegal active off-site trash compactor.  The report confirmed that a trash compactor located off the Ranch site is being used to receive, compact, store and haul Ranch solid waste.  The site is also used to store other waste items such as brush and tree trimmings, white goods and other scrap metal.  The Ranch was informed of the violation and expressed their intent to move the trash compactor within PD boundaries near the maintenance area.  The location they have proposed is understandably in the maintenance area.  However as noted below, the proposed location must be moved to within the PD boundaries.

 

     ACTION:  Cease and desist use of the off-site trash compactor facility.  Solid waste generated from the Ranch uses must be collected and stored             on-site. In addition, all Ranch waste located on the off-site parcel must be removed and properly disposed of.

 

OFF-SITE MAINTENANCE AND STORGE AREAS:  During the process of identifying existing structures it was noted that the Ranch maintenance area is also located outside PD boundaries.  The maintenance area includes several structures and outbuildings that are used to store wood and supplies, as well as a maintenance workshop.  Also, at the time of our tour, I observed employees welding at the front entrance.  I did not tour the interior of the structure.

     A review of building permit records for the structure was issued on January 29, 2001.  The Ranch applied for a permit to construct a "pole barn and storage area."  The Building Department reviewed the plans for a U3 Occupancy which is an Agricultural Storage Building defined as "a structure designed and constructed to house farm implements, hay, grain, poultry, livestock or other horticultural products.  This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated or packaged, nor shall it be a place used by the public."  The plot map reviewed and approved by the Planning Department notes that the structure is an accessory structure to a single-family dwelling unit (presumably the "green bean").  The proposed plot map states "new maintenance and storage building."  However, the Planning Department approved the project on January 26, 2001 as "accessory to existing SFR (single family residence) max, height cannot exceed 30 feet, must conform to setbacks."  It appears that the County did not grant any approvals to construct the maintenance building for Ranch uses and did not authorize construction of a maintenance shop for Ranch uses.

     There are also several adjacent properties owned by the Ranch that are occupied by Ranch employees as their primary residence.  However, due to the proximity to the Ranch these residences are also used to store equipment, supplies and RV units.

 

     ACTION:  Off-site residential units occupied by Ranch employees may not be used to store supplies or provide services.  All equipment and supplies 

     used for Ranch operations must be stored and maintained within the PD boundaries.

 

     ACTION:  The Ranch shop/maintenance area is located outside the bounds of the PD.  The PD must be amended to incorporate those uses and                  relocate them within the PD boundaries or the structure must be returned to its approved use.

 

CAMP-OUT AREA DRAINAGE PROBLEMS:  The area known as the "campout area" was utilized to accommodate the off-site guests who return to the Ranch the night before their return home.  The area is subject to seasonal water infiltration.  The Ranch now utilizes the "Big Top" to accommodate these guests.  They have plans to install permanent cement pads and appliances to support tipis in the "camp out area."  Installation of tipis was not an existing use and was not anticipated as part of the 1993 PD.

 

     ACTION:  Installation of tipis may require updating the PD to reflect those uses

 

UNPERMITED STRUCTURES:  On November 9, 2006 the Building Department noted that two new buildings had been erected near the assembly tent.  One covered the stage and the other covered the sound equipment, projector, stage lighting and control room.  The Building Department did not issue building permits for these structures.

 

     ACTION:  Obtain a Siskiyou County building permit for the structures.  While storage buildings are not reflected in the PD description or on the map.  It      is clear structures are needed.  As noted above, equipment, supplies and other materials needed for operation are stored at a variety of locations within      and outside the PD.  An area or building(s) for storage of supplies must be designated.         

 

CONCLUSIONS:  The Ranch has demonstrated a history of expanding beyond the terms and conditions of their approvals.  The 1993 PD was necessary to bring the Ranch into compliance with existing uses.  The Ranch has again gradually expanded beyond the 1993 approvals.  In 2005 the Ranch began to explore the option of revising the PD to incorporate the violations noted herein.  However, they have recently decided to return to the terms and conditions of their original PD.

     While the Ranch had acknowledged that activities are outside the terms and conditions of the PD approvals and have agreed to make the necessary corrections, additional actions are required prior to any further building permit approvals.

     Further building permit approval will not be approved until the Ranch is either in compliance with the terms and conditions of the 1993 PD or until a new PD is approved.

     Occupancy violations during the 2007 summer season must be returned to the limits established in 1993 PD.  I am very hopeful that returning to the permitted occupancy will significantly minimize traffic and noise concerns that the neighboring community has expressed for many years.

     Please submit a written response indicating how the Ranch intends to comply with the violations.  I look forward to discussing these issues with the Ranch and a return to compliance.  Please feel free to contact me at (530) 842-8208.

 

Sincerely,

Terry Barber

Acting Planning Director

TB:vt