HomeMy WebLinkAbout#16-07 2016-06-30 RESO APPROVING MUP16-0002RESOLUTION No. PC16-07
A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION APPROVING
MINOR USE PERMIT MUP 16-0002
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:
I. 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.
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.
DULY PASSED AND ADOPTED on this 301h Day of June, 2016, by the following vote:
AYES: Commissioners Kennedy, Donati, and Grundmann
NOES: None
ABSENT: Commissioners Chase, and John
ABSTAIN: None
Mary Kegnedy, Chair
Planning Commission
County of Butte, State of California
ATTEST:
McMillan; Secre
ing Commission
County of Butte, State of California