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HomeMy WebLinkAbout03_Item_V_B_MUP16-0002_PC_Rpt ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 1 of 13 ■ BUTTE COUNTY PLANNING COMMISSION AGENDA REPORT – June 30, 2016 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. Applicant: Sohnrey Family Foods, LLC Location: Approximately 6 miles northwest of Oroville at 41 Skillin Lane, Oroville on the southwest corner of the Skillin Lane and Highway 99 intersection. Owner: Sohnrey Family Foods, LLC File #: MUP16-0002 Request: Minor Use Permit to allow for the off-site sale of agricultural products, including the incidental sale of off-site beer and wine (ABC type 20 license). Supervisor District: 4 Project Planner: Tristan Weems, Assistant Planner Parcel Size: 527.23 acres Attachments: G.P. : AG (Agriculture) A: Planning Commission Resolution Zoning: AG-80 (Agriculture – 80 acre minimum) B: Minor Use Permit Zone Date: December 10, 2012 C: Exhibit Map APN: 038-230-039 D: Site Plan ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 2 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.sohnreyfamilyfoods.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 3 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 4 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.1 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 Consistency Review LAND USE ELEMENT GOAL LU-G1 Continue to uphold and respect the planning principles on which the County's land use map is based. Consistent. This goal is more specifically reviewed in the discussion of the policies below. LU-P1.2. The County shall promote economic development and job-generating industry in unincorporated areas. Consistent. The proposed use promotes economic development and creates jobs in the unincorporated area. ECONOMIC DEVELOPMENT ELEMENT GOAL ED-1. Improve the local economy by diversifying the economy, reducing the unemployment rate, increasing business revenues to the County, and increasing wages. Consistent. This goal is more specifically reviewed in the discussion of the policies below. ED-P1.1 The County's priority for future growth is creating sustainable jobs and providing a living wage to families to reduce poverty. Consistent. The jobs created by the Sohnrey Family Foods Store are directly linked to the local agricultural sector of Butte County. 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 MUP16-0002 ■ Page 5 of 13 ■ ED-P1.2 The County shall encourage development of food processing and other facilities that could support production of "value-added" agricultural products from Butte County. Consistent. The retail market supports the "value-added" agricultural processing of products produced within the same building. The vast majority of products sold at the 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. AGRICULTURE ELEMENT GOAL AG-1. Maintain, promote and enhance Butte County’s agricultural uses and resources, a major source of food, employment and income in Butte County. Consistent. This goal is met through the approval of this permit. The off-site sale of agriculture and incidental sale of off-site beer and wine maintains, promotes, and enhances the agricultural uses in Butte County. GOAL AG-4. Promote niche and specialty agriculture. Consistent. This goal is more specifically reviewed in the discussion of the policies below. AG-P4.1 The County recognizes and supports the role of small farms growing specialty products in Butte County. Consistent. The Sohnrey Family Farms Store sells specialty products grown on and off site. AG-P4.7 Limited visitor-serving commercial uses, such as wineries and specialty produce markets, shall be allowed in agricultural areas with approval of a Use Permit, to ensure continued agricultural uses and compatibility with surrounding uses. Consistent. The Sohnrey Family Farms’ use permit, MUP16-0002, continues the agricultural uses of the parcel. The ABC type 20 approval (pending MUP16-0002 approval) has been evaluated and deemed compatible 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 on-site agricultural pursuits, such as direct product sales, processing, farm-based tourism, quasi-agricultural operations and agricultural research, shall be allowed on land designated for Agriculture, subject to the design review and development standards contained in the Zoning Ordinance. Such uses shall meet the following criteria: a. The use will not require the extension of sewer or water. b. The use does not substantially detract from agricultural production on-site or in the area. c. The use does not create a concentration of commercial uses in the immediate area. d. The use is compatible with and does not adversely impact surrounding land uses. e. The use provides for adequate traffic circulation. Consistent. A. The use will not require the extension of sewer or water. Existing water and wastewater are sufficient to handle the proposed use. B. The use does not substantially detract from agricultural production on-site or in the area: On-site rice and almond production will continue unimpeded by the store. C. The use and related store is the only commercial use in the immediate area and surrounding Agricultural Zone. D. The zone allows for the sale of agricultural product grown on site. The sale of “value- added” agricultural products from Butte County including flavored almonds, honey, and rice and the proposed incidental off-site beer and wine sales will be located in the 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 MUP16-0002 ■ Page 6 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 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 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 MUP16-0002 ■ Page 7 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 MUP16-0002 ■ Page 8 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: 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. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 9 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. ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 10 of 13 ■ ATTACHMENT B EXHIBIT A MINOR USE PERMIT BUTTE COUNTY PLANNING COMMISSION June 30, 2016 DATE OF APPROVAL MUP16-0002 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 11 of 13 ■ Conditions of Approval: 1.Prior to issuance of the Minor Use Permit, pay any outstanding project-related processingfees. 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 existingsignage 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 ■Butte County Department of Development Services ■■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 12 of 13 ■ ATTACHMENT C EXHIBIT MAP ■ Butte County Department of Development Services ■ ■ June 30, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 13 of 13 ■ ATTACHMENT D SITE PLAN