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HomeMy WebLinkAboutMUP 16-0002- ey Family Foods Family Farming Since 1875 F•it� Amy Sohnrey Human Resources - ` Coordinator 41 Skillin Lane Oroville, Ca 95965 • �J� Office: (530) 871-1975 (530)871-1976 VoxS• • , asohnlrey2@gmail1118 om www.SohnreyFamilyFoods.com 0�s°' - r" Sohnrey Family Foods F�•'�.1 V GS°"�e,�J Family Farming Since 1875 Derek Sohnrey Owner - Manager t c 41 Skillin Lane Oroville, Ca 95965 _- Office: (530) 871-1975 (530)871-1976 • • , 1 crxe�:moxs yfoods@gmail. om sohnreyfamil www.SohnreyFamilyFoods.com ATTACHMENT B EXHIBIT A MINOR .USE PERMIT BUTTE COUNTY PLANNING COMMISSION. June 30, 2016 DATE OF APPROVAL MUP 16-0002 PERMIT NO. 038-2307039 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special. conditions set forth below, Sohnrey Family.Foods, LLC is hereby granted a Minor Use Permit for. the off-site sale of agricultural. products and beer and wine sales -as an incidental and accessory . use. 1.. As provided by Butte County Code X24-243, the effective date of this Minor Use Permit 2.. 3 4. 5 6. shall be ten days following the action of the _Planning Commission, unless appealed .or called up for.review. Permits or other approvals may be issued onlyupon or following the effective date, provided no appeal has been filed: This approval shall expire and become void if not exercised within two years from the date of.approval, except where an .extension of time :is approved asprovided in Butte County Code §24-247. The terms and conditions of this .Minor Use Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the.Permitee, provided'the use has not been. abandoned. This Minor Use Permit may be revoked, or the conditions of approval modified, as. provided in Butte County Code §24-251. Minor changes as provided by BCC Chapter 24, Article 34, Section 26 C, maybe approved administratively by the Planning Commission upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. The applicant shall comply with all applicable federal, State and local. statues and regulations. Conditions of Approval: 1. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing fees. 2. The sale of non-agricultural products shall be incidental and accessory to the sale of agricultural products as defined by Section 24-304 of Butte County Code. - 3. Off -Site beer and wine sales.shall be limited to a sixteen (16) cubic feet.display area and five (5) cubic feet of refrigerated .display. 4. Owners shall submit an application for an Administrative Permit process for the existing signage located on and off-site to bring the signage into compliance with Butte County Code. I hereby declare under penalty of perjury that I have. read the foregoing conditions .that they, are in fact the conditions which were' imposed upon the granting of this Minor Use Permit, and that I agree to abide fully by said conditions. Date: 1. ica t Butte County DepartmlRt of Development Services QT tF TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR o o . 7 County Center Drive Oroville, CA 95965 ° (530) 538-7601 Telephone o (530) 538-7785 Facsimile L+ •� PROJECT YNFORINIATION Frolect "i. APPLICANT'S NAME: If apoican is different from owner an affidavit is required.) ASSESSOR'S PARCEL NUMBER: Solnhrg Cahn' 1 U_ C 636 - 2-30 - 6S4 ADDRESS: J JSTREET, CITY, STATE, & ZIP CODE TELEPHONE: y 1 Sk Vm I,CGvvL6rov\\1 06965 ( 530) 6-71 - NIS E-MAIL: FAX: OWNER'S NAME: 11i1 -11--� ll "f Z& VWC_ -0`l� UL U^ _ac vt1J1 TELEPHONE: ( ) - ADDRESS: STREET, CITY, STATE, & ZIP CODE: PROPERTY INFORMATION NAME OF PROPOSED PROJECT (if any) ]__SITE SIZE (in square feet or acres) LOCATION OF PROJECT (major cross streets and address, if any) q Qq W1 QyWAV A GSq- 5 HWy S 1 h uhQ_ ZQNEO GENERAL PLAN EXISTING LAND u; E /'aal` 61 I PROPOSED LAND USE EXISTING STRUCTURES (square feet) ROPIAOt DJJSTRIU(CTURES ( square feet) UNDER WILLIAMSON ACT CONTRACT 5 0013 ❑ Yes ❑ No (Check One) (Check One) ❑ PROPERTY IS OR PROPOSED TO BE SEWERED ❑ PROPERTY IS OR PROPOSED TO BE ON PUBLIC WATER PROPERTY IS OR PROPOSED TO BE ON SEPTIC ❑ PROPERTY IS OR PROPOSED TO BE ON WELL WATER Lf APPLICATION TYPE ' C # y ❑ ADMINISTRATIVE PERMIT ❑fTENTATIVE SUBDIVISION MAP` ❑ LEGAL LOT DETERMINATION ❑ TENTATIVE PARCEL MAP ❑ USE PERMIT ❑ WAIVER OF PARCEL MAP N MINOR USE PERMIT ❑ CERTIFICATE OF CORRECTION ❑ COMMUNICATIONS FACILITY UP/MUP ❑ REZONE ❑ VARIANCE ❑ GENERAL PLAN AMENDMENT ❑ MINOR VARIANCE ❑ MINING AND RECLAMATION PLAN ❑ LOT LINE ADJUSTMENT ❑ DEVELOPMENT AGREEMENT ❑ CERTIFICATE OF MERGER ❑ OTHER i x PROJECYDEKWTION FULL DESCRIPTION OF PROPOSED PROJECT (Attach sheets. application is for a land division, describe the number and size necessary `I�ffthis of parcels.) L��\hU1 � d�'1 r 'f��l.. � �� 1,� �x�l `S•Q,• OWNER C_ERTI_FICATION ' _ m_ L Q 'L I CERTIFY THAT I AM PRESENTLY THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE OWNER OF THE ABOVE DESCRIBED PROPERTY. FURTHER, I ACKNOWLEDGE THE FILING OF THIS APPLICATION AND CERTIFY THAT ALL OF THE ABOVE INFORMATION IS TRUE AND ACCURATE. (IIf an agent is to be authorized, execute an affidavit of authorization and include the affidavit with this application.) DATE: /' �� _ SIGNATURE: Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile CONDITIONAL USE PERMIT/MINOR USE PERMIT APPLICATION PACKET Applicant Name: br U, Project Number: `Y �'� �°lW ®a Check One ❑ CONDITIONAL USE PERMIT 0 MINOR USE PERMIT APPLICATION PACKET CHECKLIST The applicant should discuss the application requirements with the Department of Development Services, Publi Works and Environmental Health staff prior to preparing this application. Please note that acceptance of yoir application is not an indication of approval. Application packets with missing components cannot be accepted. Please include this checklist along with your submittal. Applicant 'Planner 1. ❑ ❑ Complete a Pre -Application Review with the Environmental Health Division and provide evidence of meeting their requirements for sewage disposal and water supply in one of th-- following ways: ❑ A pre -application completion letter from Environmental Health; ❑ A Willing and Able to Serve Letter from the appropriate utility district; or ❑ A completed cooperative agreement for annexation into a utility district 2. ❑ ❑ A completed, signed Project Information Form. 3. ❑ , ❑ A complete Project Setting Description (instructions attached). 4. ❑ ❑ If the application is signed by an agent for the owner, an agent authorization form must be submitted along with the application. The application cannot be accepted unless signed by the owner or authorized agent. 5. ❑ ❑ A signed agreement for Butte County Archaeological Resources Project Review by the Northeast Information Center (NEIC) accompanied by a check in the amount of $75.00 made out to "NEIL". t f � �, P� '._:�. �..}., s,�pprax� e loca�+�n of a�l'buildtr►gs, t�re�is, s�phe talc %and leach�fislds watt ( � 'sz,.�,^b-• ;�-•--•i"^zr'. .-�..*^----'T..r-.�-H �� � ��-----^--s^r--.-..x.,-..4.-..+.....max.-�--r-+w�+.�.-.. � .aw.F t d � � f Tr �]' � F aA,lt`dnve�ways,,�draw�n,��o` scale, on properties i�.`thi� 1flO feet .of th�slte , . �' , 45 % Y f ? �++.a... -� r _.. t-•---•-•••-"� 41 .+.�-��..+-.-..l::r- �.,�.--Ct--�'-s...r+-�-+ � . r^- '.-+%-t.� { ..-...--- t -�- � � � �� IUx��t�ag curbs,Y�,utters�srde�ralks. and read sutf� u�idtl�s on site or or�propertics } .�� t❑. I I i a 5 1 t 7x iCl'f al Aii d ��. 7 [- I �. i iP. { :/. � �+w".y`2�•li^^'M1 : -( Y :. .�eM'-lw..�.✓-'T.• `i4rt'.Y- i ,� o � ro � a A.d� e�isf��g fat�t<s or �'ractti�es an`dgeof�gze,�aazards `� t s �� � ''r---r'Y^.•i--"'y-"""-''°'--=,—n-er•<. o.._.._-.,..,- S�.P.y..—...•4n+-.-i�, .*- C w—.�- Y �: ,- f....e-,-+r. -'I--^ J1^--'7-i,.^.-W`.-+-�[ ,p `rt � � �� �Ievatto�,cp�a�ou�s,gat:�n`aliprc�pr�at��vertca�.scale `, ;� 4 q r Y P S_ 3'i y� r Y� Y � ' �. 1 ..rW:.. �..P..._..:.R.a.,.. r>e-� ++� JS f -..•� p:n• 3 x r t} Indteate atzleast bne` route a pro ane ' w 7 P t , � i~ �ro�Yl.th perfiy to a publ�c�y mazn� tf xoad t r�.. i� `'^' - ?....�." r � '�' ."'tit^" +'.-•Pi' .'--"p , `""r--'•9'-`C°-.-..t».-i r.+-.�--� '� J •[�.. � , � ©ff 5�eet p►�zg pursua�xt� tb Section 24 93 et's�c�. of County Code +..-'".-.. ,�-"-'r- ,•--°1-J-.-.x....-.......1..; +n2—� ` 4.5-- F r' I GJ:' 1�,,, -,� .d-,.. � f � - sw Idxcate scale` and xnGlude a% op{ th t'P k !t w� h �t oxth arrow arxentedtoyth of a she l t r <, et` e F r °❑ All raps must be cax and legible I �i,. F _ ..: •' .5 :,,_,,,�, .s C 1 .....,_;�, Y.. t ._. I .. �v: r.:�' �r, i, _..,_ a� 6 t_._,.__�"__ I A ti ; n F Applicant Planner 9: 0 ❑ Building Elevations 10. ❑ ❑ If applicable; provide landscaping and irrigation plans as required by Section 24-110 et seq. of County'Code. 11: ❑ ❑ If applicable, provide a conceptual grading plan. Items to be shown on the plan include:, a. ❑ ❑ Natural areas to be preserved. b. ❑ ❑ Proposed cut and fill areas in contrasting colors or patterns: C. ❑ ❑ Existing and proposed contours at an appropriate vertical scale within the project and on adjacent properties within 100 feet of the project boundaries. d. ❑ ❑ Proposed drainage and flood control facilities: e. ❑ ❑ Erosion control measures and best management practices (e.g., - slope landscaping), f. ❑ ❑ Natural drainage. g. ❑ ❑ Location of retaining walls, drainage channels and existing structures. 3 • Applicant Planner 6. ❑ ❑ Payment of the currently required Application Fees and/or Retainer. Make checks payable to "Butte County Treasurer". The Fee Schedule for all departments is available under "Fees" at: http://www.buttecgRM.net/dds/Plannina/. Fees collected by the County on behalf of the California Department of Fish and Wildlife (CDFW) pursuant to Public Resource Code section 21089(b) must be submitted with the project application. Fee increases, should they occur in the future, are the responsibility of the applicant. Projects that are withdrawn, denied, or found to be exempt from CEQA are eligible for a refund of this fee. While every effort will be made by the County to initiate refund of CDFW fees; it is the responsibility of the applicant to request said refunds. Additional fees for publicatic n notices will be required prior to issuance of the Conditional Use Permit/Use Permit. Application fees are non-refundable. Applicant's Initials 7. ❑ ❑ A creation document for the project parcel and evidence of current property ownership. 8 5�'U PI.�i:N. Tvvo copies 4£a sxte map drawn io:a standard exigrneenng scale {e g ❑ ' 1" 2Q`j Add>honai cnp�es of the map shall be made Vada l6 to county t r departments uponnrequest All` m* shall be drawrna size sheets4 1es_s, '` thari'11"x1'I" and no greater than24 36", Folded to 8 Yx" x l l'; Xyl aclditi©n, J qt K subiixuttal of a digital copy of he map (..dobe PDF format)'attd aerial.photograpl s ` 1 _ are encouraged ' 7'he ddta�led'map rrtust include ,;. IF a "4 �Nalne and business address cifth�`appbcanfi andperson v�ho prepate�i the map b Assessor Parcel l�iumber{s), sheet address (zf avaiable�, tract name and date {if r . -livable d7ri. Townsht Rani a endectrori nurnbets L .� �� Exist>t�g ani proposed useluses of theproperty d A vtcwlty map ipdacatuig>the location ofthe land`.�n relairon to the Iearestfnalor goads attd $inxicant toporhtcfeatures'in the surroundrl area or�ori 3. y:., e , [] �] Property lines, lot dtmezis�ons and arty appicalsle:or proposed easements of record f D mensior ed locations of ex�tshng and proposed public and private improvomenfis r f on ti e pea erty (including, bud not limited to, bu idings <dn veways, roads, parking areas, wells, sept tanks, se , signage, 4storm drainage z stems and lightix_ g l a g ❑ Location of all water features,includng, bila nvt l�zruted to, natural and human made drai age courses;rrngatidn canals, pofids, creeks; sloughs, topographic features " } ;<n(iudmg, but ncit luauted to, buftes, slopes:> 3UQ/�, r©ek.outcroFpuigs} and' exushng ,:. vegeta tion=.such as oak, sreater'than S" xn diameter amd°a rc'ultural crops h Y - Distances .between atlp significant natural aaad constructed features of t e property, r such.as streets, access roads, streams, rockoutcropplrtgs, malox tree stands'storn dx=aiias,.bodies a£,,vater railroads, and`their relations 'to thenop�rty es ,� l ovation; height, :and Inatenals of walls and fends (sections znay be reglaued) _ _ , � 3 � � . ❑ internal circulation pattern, lif applic b F � r' h. ❑ ❑ Location, elevation and size of proposed building pads. Additional information may be required in order to clarify, correct or supplement the above submittal information or to complete any required environmental review documents, as deemed necessary by t.e Department of Development Services, Public Works, Environmental Health Division, Butte County Fire Department, or Agriculture Commissioner. Please call the Planning Division of the Department of Development Services at (530) 538-7601 if you have any questions about these requirements. Signature: d i �ApplicanfiAt'ep'resentative Signature: Planner Receiving Application K:\Planning\FORMS\APPLICATIONSICUP/MUP.doc Revised 10/13/14 In Date: 7- ,16 °—ItI,:, Date: -]� l -( (-" I l �' Butte County Department of Development Services TIM SNELLINGS, DIRECTOR I PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive Oroville, CA 95965 (530) 538-7601 Telephone (530) 538-7785 Facsimile PROJECT SETTING DESCRIPTION INSTRUCTIONS Applicant Name:S k;� t1 �-00 Project Number: Please address the following on a separate sheet of paper: 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. 2. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). 5. Include any special studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. Project Setting Description Sohnrey Family Foods, LLC 1. Identify any applicable proposed development schedule, including anticipated, incremental, or phased development and all associate projects. At this point, no proposed development is scheduled. 2. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies. For this project we obtained a building permit for the facility. Once construction was complete, we were approved by the FDA, the CDPA, and Butte County Public Health. 3. Describe the site as it exists before the project, including information on topography, soil stability, plants, animals, and any cultural, historical, or scenic aspects. Describe any existing structures on the site and the use of the structures. Before our facility was built the land was used to house a mobile home. The mobile home was removed and our facility was built. In regards to soil lmonds d animal land othelng was changed. r products. Half of tOher facility is 50 x 100 and is used to produce our flavored building is warehouse, the other is used for offices and a gift shop. One structure exists 30 feet west of our new facility. This building is 50 x 100 and is not associated with Sohnrey Family Foods, LLC, instead it is used for agricultural storage. To the west of the agricultural storage building is a solar field. This solar generation facility was built simultaneously along with the Sohnrey Family Foods, LLC Facility. Solar was installed to produce enough energy to power the new building as well as multiple agriculture pumps. 4. Describe the surrounding properties, including information on plants, animals and any cultural, historical, or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use (one -family, apartment houses, shops, department stores, etc.), and scale of development (height, frontage, set -back, rear yard, etc.). Our facility is surrounded by acres of rice fields. During the winter months they are frequented by a variety of California Waterfowl; which can include ducks, geese, herons, egrets, and swans. Our land is used for agriculture and has been for the past few generations. One structure exists 30 feet west of our new facility. This building is 50 x 100 and is not associated with Sohnrey Family 0 • Foods, LLC, instead it is used for agricultural storage. To the west of the agricultural storage building is a solar field. This solar generation facility was built simultaneously along with the Sohnrey Family Foods, LLC Facility. Solar was installed to produce enough energy to power the new building as well as multiple agriculture pumps. 5. Include any special -studies prepared for the project site including, but not limited to traffic, biology, wetlands delineation, archaeology, etc. A flood elevation study was conducted and found that we are above the floodplain. No other studies were conducted or necessary. 6. Additional information: When we began this business over a year ago, our focus was on supporting and growing the local agriculture industry. We started by producing. a variety of flavored almonds and have quickly grown from there. When it came time to fill our gift ntacton , we knew local farmersthat we realized how fortunag our shelves with '9e quality local products was the way to go. After co g we are to live in an area with so many agriculture entrepreneurs. Our store is filled with products from Butte, Glenn, and even Sutter Counties. We are proud to carryrice products from Lundberg Family Farms, prune products from Sunsweet, red walnuts from Nick and Jimmy Bertagna, just to name a few of our locally produced agriculture products. We average 10 cars per day. • • Department of Development Services Tim Snellings, Director Pete Calarco, Assistant Director ® 7 County Center Drive ! T: 530.538.7601 I buttecounty_.netJdds Oroville, California 95965 I F: 530.538.7785 DEVELOPMENT SE BUTTE COUNTY ZONING ADMINSTRATOR NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Butte County Zoning Administrator will hold a public hearing to consider an application for Minor Use Permit MUP16-0002 (Sohnrey Family Foods, LLC) on May 25, 2016, at 10:00 a.m. in the Butte County Development Services Training Room, 7 County Center Drive, Oroville, CA. Project Location: The project parcel is located approximately 6 miles northwest of Oroville City Limits at 41 Skillin Lane, Oroville. APN: 038-230-039 Proposal: The applicant is requesting a minor use permit to allow for the off-site sale of agricultural products and the accessory sale (to agricultural products) of off-site beer and wine (ABC type 20 license). The current zoning of the property is AG -80 (Agriculture 80 — acre minimums). In accordance with the California Environmental Quality Act (CEQA), Butte County has determined the request to be categorically exempt from under Section 15301 of the CEQA Guidelines (Class 1 — Existing Facilities). The above mentioned application is on file and available for public viewing at the Butte County Department of Development Services, 7 County Center Drive, Oroville, CA 95965. For information, please contact Assistant Planner Tristan Weems, Butte County Development Services Department, Planning Division at (530) 538-2953 or tweemsrvbuttecountv.net. Comments may be submitted in writing at any time prior to the hearing or orally at the meeting listed above or as may be continued to a later date. If you challenge any of the above application 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 Zoning Administrator at, or prior to the public hearing. BUTTE COUNTY ZONING ADMINISTRATOR TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES Sohnrey Family Foods, LLC Products & Proposed Inventory: • Almonds o Whole Natural o Flavored • Walnuts • Rice Products " • Prune Products • Local Sauces • Olive Oils • Jams/Jellies • Bath and Body Products • Honey • Beeswax Candies Sohn y Family Foods, LLC Board 19 Directors Derek Sohnrey 2877 Beaumont Ave Chico, CA 95928 (530)520-3012 Greg Sohnrey 9592 Cummings Lane Durham, CA 95938 (530)518-4142 Michael Sohnrey 2849 Durham Dayton HWY Chico, CA 95928 (530)570-9114 Andrew Sohnrey 9590 Lott Road Durham, CA 95938 (530)570-1403 Alexander Sohnrey 3023 Clarence Court Chico, CA 95973 (530)520-5982 Sohnrey Family Foods, LLC Products: Whole Natural 1.5oz bag Whole Natural 6oz Bag Whole Natural 16oz Bag Roasted Unsalted 1.5oz Bag Roasted Unsalted 6oz Bag Roasted Unsalted 16oz Bag Roasted Salted 1.5oz Bag Roasted Salted 6oz Bag Roasted Salted 16oz Bag Balsamic Herb 1.5oz Bag Balsamic Herb 6oz Bag Balsamic Herb 16oz Bag Roasted Garlic 1.5oz Bag Roasted Garlic 6oz Bag Roasted Garlic 16oz Bag Chipotle Lime 1.5oz Bag Chipotle Lime 6oz Bag Chipotle Lime 16oz Bag Maple Bacon 1.5oz Bag Maple Bacon 6oz Bag Maple Bacon 16oz Bag Smokehouse 1.5oz Bag Smokehouse 6oz Bag Smokehouse 16oz Bag Jalapeno Smokehouse 1.5oz Bag Jalapeno Smokehouse 6oz Bag Jalapeno Smokehouse 16oz Bag Curry 1.5oz Bag Curry 6oz Bag Curry 16oz Bag Wasabi & Soy Sauce 1.5oz Bag Wasabi & Soy Sauce 6oz Bag Wasabi & Soy Sauce 16oz Bag .:..r• Butte County. Department of Development Servicesi, 7 County Center Drive - I - Oroville; CA95965-3397 RETURN SERVICE REQUESTED .' SOHNREY FAMILY FOODS, LLC 41 SKILLIN LANE OROVILLE, CA 95965 �,� �. `v�c�c��` w'�' :,rs � � i � �) �5 2.a `r�'�"�� BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT — June 30, 2016 Applicant: Sohnrey Family Foods, LLC Location: Approximately 6 miles northwest of Oroville at 41 Owner: Sohnrey Family Foods, LLC B: Skillin Lane, Oroville on the minimum) southwest corner of the File #: MUP16-0002 C: Skillin Lane and Highway 99 APN: 038-230-039 D: intersection. Request: Minor Use Permit to allow for Supervisor the off-site sale of agricultural District: 4 products, including the incidental sale of off-site beer Project Tristan Weems, and wine (ABC type 20 Planner: Assistant Planner license). Parcel Size: 527.23 acres Attachments: G.P. AG (Agriculture) A: Planning Commission Resolution Zoning: AG -80 (Agriculture — 80 acre B: Minor Use Permit minimum) Zone Date: December 10, 2012 C: Exhibit Map APN: 038-230-039 D: Site Plan EXECUTIVE SUMMARY On May 25, 2016, the Zoning Administrator referred this application to the Planning Commission due to it being a project that includes a significant policy interpretation or change. The project involves interpretation of Section 24-13 of the Zoning Ordinance pertaining to incidental and accessory sales of non-agricultural products in conjunction with the off-site sale of agricultural products. This use (off-site sale of agricultural products) is permitted in the Agricultural zoning designation with approval of a minor use permit. Section 24-304 of the Zoning Ordinance defines "Agricultural Product Sales, Off -Site" as "The sale of agricultural products grown off-site." Minor Use Permit MUP16-0002 is a request to allow for the off-site sale of agricultural products together with the incidental and accessory sale of non-agricultural products, including the off-site sale of beer and wine (ABC Type 20 license). Recommendation: Staff recommends that the Planning Commission find the project to be categorically exempt from the California Environmental Quality Act under Section 15301 (Existing Facilities) and 15303 (New Construction and Conversion of Small Structures) of the CEQA Guidelines and to approve Minor Use Permit MUP16-0002 with findings and conditions. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 1 of 13 ■ PROJECT DESCRIPTION: The Sohnrey Family Foods Store (store) occupies 1,026 square feet of a 5,000 square foot building built in 2015. In addition to the Farm Store, the building houses offices and an agricultural processing facility that produces products, such as flavored almonds, sold in the store and website (www.sohnre. f�yfoods.com). The store currently sells agricultural products and locally sourced agriculturally related products, including whole natural and flavored almonds, walnuts, rice products, prune products, local sauces, olive oils, jams/jellies, bath and body products, honey and beeswax candles. This Minor Use Permit would authorize the existing off-site agricultural product sales, and allow for the incidental sale of non-agricultural products, including beer and wine for off site consumption (ABC license type 20), as an accessory use. SITE CHARACTERISTICS AND SURROUNDING USES: • The project parcel is under rice and almond production with various agricultural facilities supported by on-site crop production. • The project parcel is 527.23 acres. The Sohnrey family owns an additional 1,004 acres in the immediate vicinity. • The Sohnrey Family Foods Store is located at 41 Skillin Lane, Oroville, approximately 6 miles northwest of Oroville at the southwest corner of the Skillin Lane and Highway 99 intersection. • Surrounding land uses are agricultural (primarily under rice and almond production) on parcels designated "Agriculture" by the Butte County General Plan and zoned AG -80 (Agriculture — 80 -acre minimum). • State (Cal -Trans) maintained Highway 99 intersects Skillin Lane to the east of the subject property and runs north/south. • The subject property is not enrolled in the California Land Conservation Act contract (Williamson Act contract). Adjacent properties to the west, north and east are enrolled in Williamson Act contracts. ANALYSIS • The project parcel is located within the Agricultural (AG) zoning designation. The purpose of the AG zone is given below: The purpose of the AG zone is to support, protect, and maintain a viable, long-term agricultural sector in Butte County. Standards for the AG zone maintain the vitality of the agricultural sector by retaining parcel sizes necessary to sustain viable agricultural operations, protecting agricultural practices and activities by minimizing land -use conflicts, and protecting agricultural resources by regulating land uses and development intensities in agricultural areas. Permitted uses include crop cultivation, animal grazing, stock ponds, and agricultural processing. More intensive agricultural activities, such as animal processing, dairies, hog farms, stables, forestry and logging, and mining and oil extraction, are permitted with the approval of a Conditional Use Permit. One single-family home and one second unit is permitted on each legally established parcel within the AG zone, and residential uses for agricultural employees are permitted as an accessory use within the AG zone. The minimum permitted parcel size in the AG zone ranges from 20 acres to 160 acres. The AG zone implements the Agriculture land use designation in the General Plan. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 2 of 13 ■ • The sale of agricultural products produced on site is a permitted use in the AG zone, and sale of agricultural products produced off-site requires approval of a minor use permit (Zoning Ordinance, Table §24-13-1). "Agricultural Processing", "Agricultural Products", "Agricultural Product Sales, Off -Site" and "Agricultural Products, On -Site" are 'defined as follows (Zoning Ordinance, §24-304): Agricultural Processing. The cooking, dehydrating, refining, milling, pressing, or other treatment of agricultural products that changes the naturally grown product for consumer use or for further processing, and receiving agricultural products from other growers for such processing. Examples of Agricultural Processing uses include cold storage houses; wineries (pursuant to the definition of"Winery Production Facility, limited"), hulling operations for on- site or off-site products; fruit dehydrators; dryers, and the sorting, cleaning, packing, bottling, storing or warehousing, pruning and sale of orchard and farm wood, and the wholesaling, transportation and distribution of agricultural products. Uses classified as Animal Processing and Intensive Animal Uses are excluded from this definition. Agricultural Products. Products that are the result of cultivating, harvesting, or raising orchards, field crops, and/or livestock. Agricultural Product Sales, Off -Site. The sale of agricultural products grown off-site. Agricultural Product Sales, On -Site. The sale of agricultural products grown on-site. The Sohnrey Family Store currently sells a range of agricultural products that are produced both onsite in the existing agricultural processing facility and off-site. Off-site products sold at the store include agricultural products, including prune products, local sauces, olive oils, jams/jellies, bath and body products, honey and beeswax candles, and non-agricultural products including framed art and soda beverage products. These products are sold individually and in gift baskets. The applicant proposes to obtain a license from Alcoholic Beverage Control (ABC type 20 license) to sell off-site beer and wine from the Northern California area, which is not considered an agricultural product by the Zoning Ordinance. • The needed interpretation concerns whether a non-agricultural product may be sold at a facility providing off-site agricultural product sales, if the non-agricultural product is limited to an accessory use status. Further discussion of the terms Accessory Use and conditions limiting the accessory use are provided below: Accessory Use. A use that is incidental, related, appropriate, and clearly subordinate to the primary use of the parcel, building, or zone, which does not alter the primary use of such parcel, building, or zone, nor serve property other than the parcel of land on which the primary use is located. Examples of accessory uses for land uses contained in the definitions in the Zoning. Ordinance include the following: o Aquaculture - on-site fishing for the public, rental of fishing equipment, the sale of bait and fishing tackle necessary for on-site fishing, the cleaning, preparation, and sale of fish produced onsite, including smoking of fish raised on-site. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 3 of 13 ■ o restaurant or laundromat - small number of game machines to its customers as an accessory use o Gas and Service Stations -food and beverage sales, and a car wash. o Golf Courses and Country Clubs - driving ranges, pro shops, restaurants, and bars. l Proposed project conditions are recommended by staff to limit accessory use (sale of non- agricultural products, including sale of beer and wine for off-site consumption): o Condition No. 2: The sale of non-agricultural products shall be incidental and accessory to the sale of agricultural products as defined by section 24-304 of Butte County Code. o Condition No. 3: Off -Site Beer and Wine Sales shall be limited to a sixteen (16) cubic foot display area and'five (5) cubic feet of refrigerated display. The Department of Public Works, Caltrans, Department of Public Health, and the Building Division of the Department of Development Services were consulted on this project, and returned no comment. The Agricultural Commissioner's office noted that the project appears to be consistent with Agricultural Element Goal AG -4, Policies and Criteria and that the project appears to be appropriate/suitable to the situation so as not to interfere with adjacent agriculture. No apparent adverse agricultural issues, no additional conditions or mitigating measures are required. General Plan Consistency General Plan goals and policies were evaluated in the context of the proposed project. Three goals and five policies were identified as being applicable to the project. The following table identifies each applicable goal and policy, and a review of the project's consistency with each policy. General Plan 2030 Goals and Policies I Consistency Review �f1ND USE ELE�MENl' GOAL LU -G1 Continue to uphold and Consistent. This goal is more specifically respect the planning principles on which reviewed in the discussion of the policies the County's land use map is based. below. LU -P1.2. The County shall promote economic Consistent. The proposed use promotes development and job -generating industry. in economic development and creates jobs in unincorporated areas. the unincorporated area. EC.®NOMIyC DEEL�MENT ELEMENT GOAL ED -1. Improve the local economy Consistent. This goal is more specifically by diversifying the economy, reducing the reviewed in the discussion of the policies unemployment rate, increasing business below. revenues to the County, and increasing wages. ED -P1.1 The County's priority for future Consistent. The jobs created by the Sohnrey growth is creating sustainable jobs and Family Foods Store are directly linked to the providing a living wage to families to reduce local agricultural sector of Butte County. poverty. 1 Note: a restaurant or laundromat, Gas and Service Stations, and Golf Courses and Country Clubs are not permitted uses in the Agricultural zone. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP 16-0002 ■ Page 4 of 13 ■ ED -P1.2 The County shall encourage Consistent. The retail market supports the development of food processing and other "value-added" agricultural processing of .facilities that could supportproduction ;of products produced within the same building. "value-added" agricultural products from The vast majority of products sold at the Butte County. Sohnrey Family Foods Store are "value- added" agricultural products from Butte County including flavored almonds, honey, and rice and the proposed incidental off-site beer and wine sales. AG'R ME CULTURE ELENTS a� E �3 y%X� h'�'e��ks"+TY}3liXwif'dxn\�'v ga=�3n'.�3J�iv GOAL AG -1. Maintain, promote and Consistent. This goal is met'through the enhance Butte County's agricultural uses approval of this permit. The off-site sale of and resources, a major source of food, agriculture and incidental sale of off-site beer employment and income in Butte County. and wine maintains, promotes, and enhances the a ricultural uses in Butte County. GOAL AG -4. Promote niche and specialty Consistent. This goal is more specifically agriculture. reviewed in the discussion of the policies below. AG -P4.1 The County recognizes and Consistent. The Sohnrey Family Farms Store supports the role of small farms growing sells specialty products grown, on and off site. specialty products in Butte County. AG -P4.7 Limited visitor -serving commercial Consistent. The Sohnrey Family Farms' use uses, such as wineries and specialty produce permit, MUP16-0002, continues the markets, shall be allowed in agricultural areas agricultural uses of the parcel. The ABC type with approval of a Use Permit, to ensure 20 approval (pending MUP16-0002 approval) continued agricultural uses and compatibility has been evaluated and deemed compatible with surrounding uses. with surrounding uses through the Finding of Public Convenience and Necessity process administered by the Department of Development Services,. AG -P4.8 Uses that are designed to support Consistent. on-site agricultural pursuits, such as direct A. The use will not require the extension of product sales, processing, farm -based sewer or water. Existing water and tourism, quasi -agricultural operations and wastewater are sufficient to handle the agricultural research, shall be allowed on land proposed use. designated for Agriculture, subject to the B. The use does not substantially detract design review and development standards from agricultural production on-site or in the contained in the Zoning Ordinance. Such area: On-site rice and almond production will uses shall meet the following criteria continue unimpeded by the'store. a. The use will not require the extension of C. The use and related store :is the only sewer or water. commercial use in the immediate area and b. The use does not substantially detract from surrounding Agricultural Zone. agricultural production on-site or in the area. D. The zone allows for the sale of agricultural c. The use does not create a concentration of product grown on site. The sale of "value - commercial uses in the immediate area. added" agricultural products from Butte d. The use is compatible with and does not County including flavored almonds, honey, adversely impact surrounding land uses. and rice and the proposed incidental off-site e. The use provides for adequate traffic beer and wine sales will be located in the circulation. existing building and will not adversely impact surrounding agricultural land uses. E. The California Department 'of Transportation reviewed this project and had no comment. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC WPI 6-0002 ■ Page 5 of 13'■ Use Permit Findings The proposed project meets the necessary findings §BCC 24-222 to approve a minor use permit: A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures). The current Agricultural (AG) zone allowsfor the sale of off-site agricultural products with approval of a Minor Use Permit. The sale of off-site beer and wine sales is and will continue to be incidental and accessory to agricultural product sales. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. The Sohnrey Family Foods Store is currently in operation with on-site and off-site agricultural products sales: no new development is proposed. This minor use permit will allow/permit the sale of off-site agricultural products and off-site beer and wine sales accessory and incidental to agricultural product sales. This parcel is surrounded by AG - 80 parcels, and the conditions of this Minor Use Permit will ensure that the products sold at the store will remain incidental and accessory to agricultural product sales. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed use permit has been reviewed by the Department of Public Works, Environmental Health Division of Public Health, Butte County Sheriff's Office, Cal- Fire/Butte County Fire Department the Building Division of the Department of Development Services, the Agricultural Commissioner's Office and Caltrans. None of which required any conditions. D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure. Skillin Lane is a private road that intersects to the east with State Highway 99. Caltrans was contacted and had no comment on the project. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the of the subject property. The size, shape and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. There is more than sufficient area for parking. The sale of off-site agricultural products will not have an adverse impact on existing agricultural uses; either onsite or in the immediate vicinity. ENVIRONMENTAL REVIEW This application is for a Minor Use Permit to authorize the existing off-site agricultural product sales, and allow for the incidental sale of non-agricultural products, including beer and wine for ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUPl6-0002 ■ Page 6 of 13 ■ off site consumption (ABC license type 20); as an'accessory use. The project proposes no new physical development. Staff recommends the Planning Commission find the project to be Categorically Exempt from environmental review under, Section 15301 (Existing Facility) and 15303 (New Construction and Conversion -of Small Structures) of the CEQA Guidelines. PUBLIC COMMENTS Staff had not received any comments at the time staff report was prepared. ACTIONS FOR CONSIDERATION Recommendation Staff recommends that the Planning Commission find the project exempt from CEQA and approve MUP16-0002 with findings and subject to the conditions in Attachment B. Alternative Actions Approve MUP16-0002 in part, granting the request for sale of off-site agricultural products, and denying the request for off-site sale of beer and wine (ABC type 20 license); or Deny MUP16-0002; requiring retail sales on the property to be limited to the sale of agricultural products produced on-site. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC NfUPl6-0002 0 Page 7 of 13 ■ ATTACHMENT A RESOLUTION No. A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING MINOR USE PERMIT MUP16-0002 WHEREAS, the Planning Commission has considered Minor Use Permit 16-0002 to allow for off-site agricultural product sales and incidental off-site beer and wine sales (ABC type 20 license); and WHEREAS, the Planning Commission finds the proposal categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15301 which exempts existing facilities and 14 CCR Section 15303 which exempts new construction and conversion of small structures; and WHEREAS, said Minor Use Permit was referred to various affected public and private agencies, County departments, and referral agencies for review and comments; and WHEREAS, a duly noticed public hearing was held on June 30, 2016; and WHEREAS, the Planning Commission has considered public comments, and a report from the Planning Division: NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission: Find this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15301. Section 15301 exempts existing facilities and Section 15303 exempts new construction and conversion of small structures. A. Because the project is exempt from the provisions of CEQA, the payment of fees pursuant to Fish and Game Code Section 711.4 and 14 CCR 753.5 is not required. B. The custodian of the record is the Department of Development Services. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Approves Minor Use Permit MUP16-0002 for Sohnrey Family Foods, subject to the following findings in Exhibit "A". A. The proposed use is allowed in the applicable zone or meets the criteria for the reconstruction or intensification of a nonconforming use per Article 22 (Nonconforming Uses and Structures). The current Agricultural (AG) zone allows for the sale of off-site agricultural products with approval of a Minor Use Permit. The sale of off-site beer and wine sales will be incidental and accessory to agricultural product sales. B. The location, size, design, and operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity of the subject property. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ .Page 8 of 13 ■ The Sohnrey Family Foods Store is currently in operation with on-site and off-site agricultural products sales: no new development is proposed. This minor use permit will allow/permit the sale of off-site agricultural products and off-site beer and wine sales incidental and accessory to agricultural product sales. This parcel is surrounded by AG - 80 parcels, and the conditions of this Minor Use Permit will ensure that the products sold at the store will remain incidental and accessory to agricultural product sales. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. The proposed use permit has been reviewed by the Department of Public Works, Environmental Health Division of Public Health, Butte County Sheriff's Office, Cal- Fire/Butte County Fire Department, the Agricultural Commissioner's Office, and the Building Division of the Department of Development Services. D. The proposed use is properly located within the County and adequately served by existing or proposed services and infrastructure. Skillin Lane is a private road that intersects to the east with State Highway 99. Caltrans was contacted and had no comment on the project. E. The size, shape, and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the of the subject property. The size, shape and other physical characteristics of the subject property are adequate to ensure compatibility of the proposed use with the existing and future land uses in the vicinity of the subject property. The sale of off-site agricultural products will not have an adverse impact on existing agricultural uses; either onsite or in the immediate vicinity. F. Allow the sale of off-site agricultural products and off-site beer and wine accessory to the agricultural product sales. The proposed use of off-site agricultural product sales is allowed in §Table 24-13-1. The proposed use of off-site beer and wine sales is permitted only as incidental to agricultural product sales. III. Approves Minor Use Permit MUP16-0002 for Sohnrey Family Farms, subject to the findings and conditions in Exhibit "A" G. The proposed use will comply with each of the applicable provisions of Butte County Code Chapter 24, Article 24 Land Use Compatibility Standards and Article 31, Minor Use Permits. Conditions of approval have been applied to this project pursuant to the applicable requirements of Butte County Code Chapter 24. ni Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 9 of 13 ■ ATTACHMENT B EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION June 30, 2016 DATE OF APPROVAL MUP 16-0002 PERMIT NO. 038-230-039 ASSESSOR'S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below, Sohnrey Family Foods, LLC is hereby granted a Minor Use Permit for the off-site sale of agricultural products and beer and wine sales as an incidental and accessory use. 1. As provided by Butte County Code §24-243, the effective date of this Minor Use Permit shall be ten days following the action of the Planning Commission, unless appealed or called up for review. Permits or other approvals may be issued only upon or following the effective date, provided no appeal has been filed. 2. This approval shall expire and become void if not exercised within two years from the date of approval, except where an extension of time is approved as provided in Butte County Code §24-247. 3. The terms and conditions of this Minor Use Permit shall run with the land and shall be binding upon and be to the benefit of the heirs, legal representatives, successors, and assigns of the Permitee, provided the use has not been abandoned. 4. This Minor Use Permit may be revoked, or the conditions of approval modified, as provided in Butte County Code §24-251. 5. Minor changes as provided by BCC Chapter 24, Article 34, Section 26 C, may be approved administratively by the Planning Commission upon receipt of a substantiated written request by the applicant, or their respective designee. Prior to such approval, verification shall be made by each Department or Division that the modification is consistent with the application, fees paid, and environmental determination as conditionally approved. Changes deemed to be major or significant in nature shall require a formal application for amendment. 6. The applicant shall comply with all applicable federal, State and local statues and regulations. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 10 of 13 ■ Conditions of Approval: 1. Prior to issuance of the Minor Use Permit, pay any outstanding project -related processing fees. 2. The sale of non-agricultural products shall be incidental and accessory to the sale of agricultural products as defined by Section 24-304*of Butte County Code. 3. Off -Site beer and wine sales shall be limited to a sixteen (16) cubic feet display area and five (5) cubic feet of refrigerated display. 4. Owners shall submit an application for an Administrative Permit process for the existing signage located on and off-site to bring the signage into compliance with Butte County Code. I hereby declare under penalty of perjury that I have read the foregoing conditions that they are in fact the conditions which were imposed upon the granting of this Minor Use Permit, and that I agree to abide fully by said conditions. Date: Applicant Nlpvqh\�' L�a PA-&� ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 11 of 13 ■ ■ Butte County Department of Development Services ■ ■ June 30, 2016'■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 12 of 13 ■ q,G-160 0 0.1 0.2 Vicinity Map for Sohnrey Family Foods Skillin Lane Sohnrey Familly Foods LLC Store Highway 99 AG -80 Cottonwood Road Oroville Minor Use Permit MUP16-0002 Sohnrey Family Foods, LLC 0.4 0.6 0.8 Miles ATTACHMENT D SITE PLAN U13 m Butte County Department of Development Services m m June 30, 2016 m Sohnrey Family Foods, LLC M -UPI 6-0002 m Page 13 of 13 m 0re 4 s 3o_ 5aO- 30�� Sohnrey Family Foods, LLC Products & Proposed Inventory: • Almonds o Sohnrey Family Foods Whole Natural o Sohnrey Family Foods Flavored Walnuts o Bertagna Livermore o Sohnrey Family Foods Chandler • Rice Products o Lundberg Rices o Lundberg Rice Cakes o Lundberg Rice Chips o Lundberg Brown Rice Syrup o Lundberg Brown Rice Pastas o Bella Sun Luci Risotto • Sunsweet Prune Products o Dried Prunes and Apricots • Local Sauces o Brannon Gourment BBQ Sauces and sl o J Lee Roys Suaces and Seasonings o Basque Norte Marinade o Carne Asada Marinade o Korean BBq Marinade o Bella Sun Lucci Pasta Sauce o Sutter Buttes Dipping Sauces o Sutter Buttes Tapenades • Snacks o Sutter Butte Stuffed Olives o Sutter Buttes Tapenade Snack Packs o Chico Pops • Olive Oils o Red Rock Olive Oil o Knaughty Farms o Bella Sun Lucci • Local Pottery and Wood bowls • Local Cutting boards • Local Photography Prints • Metal Art Designed by Local Man • Mary Lake Thompson Linens • BB Smith Local Cards • Jams/Jellies o Mountain Fruit Company o Sutter Butte Olive Oil Company • Lavender Ranch Bath and Body Products • Honey • Beeswax Candles • Variety of soft drinks and water • ine • Local Beer G� n ON X )vA� � kwt- m %% Vs BY wnmt RAIIED OFMO4 EFRONT. 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