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HomeMy WebLinkAboutMUP16-0002 Agenda Report_FINAL Revised added Exhibit ■ Butte County Department of Development Services ■ ■ May 25, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 1 of 10 ■ BUTTE COUNTY ZONING ADMINISTRATOR AGENDA REPORT – May 25, 2016 EXECUTIVE SUMMARY: The minor use permit would allow for the off-site sale of agricultural products and incidental sale of off-site beer and wine (ABC type 20 license). The project is Categorically Exempt from environmental review under Section 15301 (Existing Facilities). Staff recommends approval of this minor use permit with findings and conditions. PROJECT DESCRIPTION: The Sohnrey Family Store, built in 2015, occupies 1,026 square feet of a 5,000 square foot building. In addition to the Farm Store the building houses offices and an agricultural processing facility that produces products sold in the store, such as flavored almonds. The Sohnrey Family Farms, LLC 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 also allow for the incidental sale of beer and wine for off site consumption (ABC license type 20). Applicant: Sohnrey Family Foods, LLC Location: The project parcel is located approximately 6 miles northwest of Oroville at 41 Skillin Lane, Oroville on the southwest side 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: Zoning Administrator Decision 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 ■ ■ May 25, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 2 of 10 ■ 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 on the southwest side of the Skillin Lane and Highway 99 intersection. • Surrounding AG-80 is primarily under rice and almond production. • State (Cal-Trans) maintained Highway 99 intersects Skillin Lane to the east and runs north/south. ANALYSIS • The Zoning Ordinance allows for the sale of off-site agricultural products in the Agriculture zone with a Minor Use Permit (BCC §Table 24-13-1). In addition, the applicant proposes to obtain an ABC type 20 license and sell off-site beer and wine from the Northern California area. The latter proposed use may be permitted provided the sale of beer and wine remains incidental and accessory to the sale of on-site and off-site agricultural products (i.e. rice, flavored almonds, and walnuts). • 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. 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. ■ Butte County Department of Development Services ■ ■ May 25, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 3 of 10 ■ 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. 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-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-P4.8 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. 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 use is compatible with and does not adversely impact surrounding land uses. E. The California Department of Transportation reviewed this project and had no comment. MINOR 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 ■ Butte County Department of Development Services ■ ■ May 25, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 4 of 10 ■ 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 ancillary 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 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; both onsite and in the immediate vicinity. ENVIRONMENTAL REVIEW This application is for a Minor Use Permit to allow for the sale of off-site agricultural products and accessory off-site beer and wine sales. The project proposes no new development. It is Categorically Exempt from environmental review under Section 15301 (Existing Facility). PUBLIC COMMENTS Staff had not received any comments at the time staff report was prepared. ACTIONS FOR CONSIDERATION Staff recommends that the Zoning Administrator finds the project is exempt from CEQA and approve MUP16-0002 with conditions. ■ Butte County Department of Development Services ■ ■ May 25, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 5 of 10 ■ ATTACHMENT A BUTTE COUNTY ZONING ADMINISTRATOR DECISION ZDN16-00XX MINOR USE PERMIT MUP16-0002 (Sohnrey Family Foods, LLC) A Minor Use Permit (MUP) would allow for the off-site sale of agricultural products and the incidental sale of off-site beer and wine (ABC type 20 license). APN 038-230-039 May 25, 2016 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. 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. Make the following Minor Use Permit findings and approve Minor Use Permit MUP16-0002, subject to the following findings: 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 ancillary 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 and the Building Division of the Department of Development Services. ■ Butte County Department of Development Services ■ ■ May 25, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 6 of 10 ■ 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; both onsite and in the immediate vicinity. III. Make the following finding to allow the sale of off-site agricultural products and off-site beer and wine accessory to the agricultural product sales. A. The proposed use of off-site agricultural product sales is allowed in §Table 24-13-1. B. The proposed use of off-site beer and wine sales is permitted only as accessory to agricultural product sales. III. Approves Minor Use Permit MUP16-0002 for Sohnrey Family Farms, 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. ■ Butte County Department of Development Services ■ ■ May 25, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 7 of 10 ■ ATTACHMENT B EXHIBIT A MINOR USE PERMIT BUTTE COUNTY ZONING ADMINISTRATOR May 25, 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 off-site agricultural product and off-site ancillary to agricultural product beer and wine sales. 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. ■ Butte County Department of Development Services ■ ■ May 25, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 8 of 10 ■ 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 foot display area and five (5) cubic feet of refrigerated display. 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 AG-80 AG-80 AG-80 AG-80 AG-80 AG-160 AG-80 REC-1 ¬«99 Skillin Ln D o v e R i d g e R d Currier Rd Highway 99 Skillin Lane Sohnrey Familly Foods LLC Store Minor Use PermitMUP16-0002Sohnrey Family Foods, LLC Cottonwood Road Oroville ®0 0.2 0.4 0.6 0.80.1 Miles Vicinity Map for Sohnrey Family FoodsFinding of Public Convenience or Necessity ATTACHMENT C - EXHIBIT MAP ■ Butte County Department of Development Services ■ ■ May 25, 2016 ■ Sohnrey Family Foods, LLC MUP16-0002 ■ Page 10 of 10 ■ ATTACHMENT D SITE PLAN