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HomeMy WebLinkAboutMUP15-0006 ZA DeterminationATTACHMENT A BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN15-0009 MINOR USE PERMIT MUP15-0006 (Eric Andoe) A Minor Use Permit (MUP) for the remodel of a portion of an existing building, used as a retail meat shop (Foothill Meat Company) into an USDA slaughter facility. The project would also include the addition of an enclosed holding pen for animals to be slaughtered. The number of animals that can be slaughtered is limited to 40 per month. Delivery of animals are limited to 2 - 3 days per week. APN 079-290-064 October 7, 2015 I. Find this project is categorically exempt from the California Environmental Quality Act (CEQA) provisions under 14 CCR Section 15303(c). Section 15303(c) exempts new construction or 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 Public Works. The location of the record is 7 County Center Drive, Oroville CA 95965. II. Make the following Minor Use Permit findings and approve Minor Use Permit MUP15- 0006, subject to the following conditions. 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 General Commercial (CG) zone allows for Animal Processing, Limited, with approval of a minor use permit. 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. Foothill Meat Company, a licensed retail meet shop, currently operates on the project site. The proposed expansion in use would allow the facility to operate as a USDA inspected facility. This would allow for animals to be slaughtered on site, within the existing building. The expansion would allow for and addition to the building for a holding pen. The enclosed holding pen would be located at the south end of the existing building. The surrounding uses includes a mix of residential parcel of various sizes, commercial and undeveloped parcels. Keeping of animals is a permitted use on adjacent residentially zoned parcels. C. The proposed use will not be detrimental to the public health, safety, and welfare of the County. Foothill Meat Company, a licensed retail meet shop, currently operates on the project site. The additional proposed use of a USDA facility, which will allow slaughtering of animals on site, will not be detrimental to public health, safety and welfare. The slaughtering will occur inside the existing facility and is subject to the regulations of the USDA. The enclosed pen area will be used to hold the animals, no more than 24 hours, prior to them being slaughtered The enclosed holding pen area is located in an area that will not create a public health or safety issue. D. The proposed use is properly located within the County and adequately served by existing or planned services and infrastructure. Foothill Meat Company is served by sewer (Lake Oroville Public Utility District) and water (South Feather Water and Power). The project parcel fronts on a county-maintained road (Foothill Boulevard). 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 subject property. The size of the parcel, 2.14 acres is large enough for keeping animals, as part of the USDA-regulated holding facility, on site. The enclosed holding pen area for the animals, prior to being slaughtered, is located on the south end of the existing building, which is approximately 260 feet from the nearest residence. The existing vegetation and building, provides a screening for the enclosed pen area. The existing building is large enough to convert a portion for the Limited Animal Processing use. (see B above) II. Make the following findings to allow up to 40 animals per month. A. The animals will be held in an enclosed pen area at the south end of the existing building. The existing building provides a visual screen of the enclosed pen from view of residential dwellings to the north. B. The nearest residential dwelling is located approximately 260 feet to the north. C. There is existing vegetation that will screen the holding pen from adjacent parcels to the south, east and north. III. Approves Minor Use Permit MUP15-0006 for the Eric Andoe, subject to the findings and conditions in Exhibit “A” A. 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. ATTACHMENT B EXHIBIT A MINOR USE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR DATE OF APPROVAL MUP15-0006 PERMIT NO. 079-290-064 ASSESSOR’S PARCEL NO. Pursuant to the provisions of the Zoning Ordinance of the County of Butte and the special conditions set forth below: The Eric Andoe is hereby granted a Minor Use Permit for the remodel of a portion of an existing building, used as a retail meat shop (Foothill Meat Company) into an USDA slaughter facility. The number of animals that can be slaughtered is limited to 40 per month. Delivery of animals are limited to 2 -3 days per week. The project would also include the addition of an enclosed holding pen for animals to be slaughtered. 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 Zoning Administrator, 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 Zoning Administrator 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. Conditions of Approval: 1. Prior to issuance of the Minor Use Permit, pay any outstanding project-related processing fees. 2. Prior to any construction, secure building permits from the Building Division of the Department of Development Services. 3. The holding pens shall be on concrete with removable panels and a 4"-6" berm with drain in center. They will scoop solids into gut bucket (feces included) that goes to North State Rendering or other approved waste recycling service. All wash water goes through the grease trap before going to lift station that pumps into collection main for LOAPUD across the street. 4. All animal waste generated shall be picked up at least once a week by North State Rendering or other approved waste recycling service. 5. Applicant shall ensure fire department access and defensible space is maintained. 6. When applying for building permit please contact LOAPUD, apply for a sewer service permit and provide the district with plumbing plans for a fixture count. 7. The business shall be in compliance with all USDA requirements. 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