STANISLAUS COUNTY PLANNING COMMISSION April 1, 2010 STAFF REPORT USE PERMIT APPLICATION NO. 2009-16 FOSTER FARMS - ELLENWOOD REQUEST: TO EXPAND AN EXISTING CHICKEN HATCHERY BY 29,713 SQUARE FEET ON A 112± ACRE SITE IN THE A-2-40 (GENERAL AGRICULTURE) ZONING DISTRICT. APPLICATION INFORMATION Property Owner: Fresno Farming LLC - Foster Farms Applicant: Bob Miller Location: West of Ellenwood Road, between Ellenwood Road and the Oakdale Waterford Highway, in the Waterford area (1307 Ellenwood Road) Section, Township, Range: 17-3-11, 20-3-11 Supervisorial District: One (Supervisor O’Brien) Assessor’s Parcel: 015-003-012, 015-056-007, 015-056-008, 015-056-010, 015-056-011 Referrals: See Exhibit I Environmental Review Referrals Area of Parcel: 112± acres Water Supply: Water well Sewage Disposal: Septic/leach field system Existing Zoning: A-2-40 (General Agriculture) General Plan Designation: Agriculture Sphere of Influence: Not applicable Community Plan Designation: Not applicable Williamson Act Contract No.: 72-613 & 73-1237 Environmental Review: Mitigated Negative Declaration Present Land Use: A chicken hatchery, almond orchards, fields containing a forage crop, wastewater ponds, and one single-family dwelling Surrounding Land Use: Almond orchards and forage crops to the north, OID South Canal and orchards to the west, orchards and the Oakdale Waterford Highway to the south, and ranch properties to the east 1 UP 2009-16 Staff Report April 1, 2010 Page 2 PROJECT DESCRIPTION The project proposes an expansion of the existing Foster Farms - Ellenwood chicken hatchery. The expansion proposes a new incubator and hatch rooms, a new egg room, a new storage room, new offices and break room, remodeling of part of the existing hatchery including removal of existing offices and break room to make room for an increased chick room, and a new wastewater system. This project will expand the current building area by 29,713 square feet. The existing footprint is presently 64,339 square feet. The Foster Farms site, including hatchery and orchards, totals 112± acres. Most of the surrounding area consists of almond orchards and pastureland. The property is currently enrolled in Williamson Act Contract Nos. 72-613 & 73-1237. In regards to the hatchery, the current facility operates 24 hours a day, seven days a week. They have one employee 24 hours a day for monitoring the incubators and hatchers. The site has one residence on the property where the supervisor lives. The number of chicks hatched at this facility will increase from 2.06 million birds per week to 3.3 million. This expansion will actually reduce weekly truck trips from 59 to 56 since the applicant will shut down the Albers Hatchery, eliminating the truck traffic from Albers to Ellenwood. Employee estimates are around 35 - 42 due to the expansion. No more than 20 people will be present at any given time. The existing structure is a concrete-tilt-up building, approximately 20 feet tall. The expansion to the existing building will be steel construction with insulated metal panels matching the existing concrete building. A new wastewater system is also part of the proposal, to include two new lined ponds. The existing southern pond will be expanded. The new pond area will total 1.75 acres, which currently has almond trees on-site. They will continue using a screen and an irrigation system until the new wastewater system comes on-line. The screen is used to collect and remove “chick down” (young chicken feathers and/or chicken waste) from the wastewater. The chick down that is collected (under 200 pounds per day) is taken to a landfill. The property also has about nine acres of pasture where wastewater is used for irrigation. The existing northern wastewater pond is proposed to be abandoned with construction of the new system. Storage of animal waste ponds shall be located a minimum of fifty feet from any property line and three hundred feet from any dwelling on an adjacent property. Other standards may be imposed by other county or state agencies. SITE DESCRIPTION The site is located at 1307 Ellenwood Road, west of Ellenwood Road, between Ellenwood Road and the Oakdale Waterford Highway, in the Waterford area. The site is accessible from a driveway on Ellenwood Road. The main facility has been an existing chicken hatchery on its own 12-acre Assessor’s Parcel. The entire project site is approximately 112± acres comprised of five (5) separate Assessor’s Parcels all owned by Fresno Farms LLC - Foster Farms. In addition to the hatchery, the project site is developed with one single-family dwelling and planted in almond orchards and forage crops. The recycled water from the hatchery discharge is used to spray fields in the northern portion of the project site. A review of land uses in the immediate vicinity reveals similar-sized properties. Structures consist of one single-family dwelling and the existing facility. The surrounding land uses include almond orchards to the north, OID South Canal and orchards to the west, orchards and the Oakdale Waterford Highway to the south, and ranch properties to the east. 2 UP 2009-16 Staff Report April 1, 2010 Page 3 DISCUSSION The site is located in the General Agriculture (A-2) zoning district. Effective December 26, 2003, the A-2 zoning district requires a use permit for any new or expanding Confined Animal Facility (CAF) requiring a new or modified permit, waiver, or an order for Waste Discharge Requirements (WDRs) from the Regional Water Quality Control Board (RWQCB), where the issuance of waste discharges require compliance with the California Environmental Quality Act (CEQA). If no permit, waiver, or order for WDRs is required by RWQCB, a CAF, including the expansion of a chicken hatchery, is considered a permitted use. Typically, requests for new or expanding CAFs are referred to the RWQCB for a determination regarding the need for a new or modified permit, waiver, or order for WDRs prior to a use permit application being submitted; however, in this case, the use permit was submitted to the Department of Planning and Community Development prior to a determination by the RWQCB based on the applicant’s understanding that WDRs would be required as a result of preliminary discussions with the RWQCB. Attempts by staff to obtain a determination from the RWQCB prior to processing of the use permit failed since the RWQCB would not issue a determination until they had an opportunity to review the CEQA environmental documentation for the project. This approach is highly unusual since CEQA only applies if a use permit is required and the RWQCB’s determination is needed to determine if a use permit is required. In light of the impasse presented by the RWQCB’s inability to make a determination, the applicant and staff agreed to move forward with preparation of the use permit and environmental review on the assumption that WDRs would be required by the RWQCB. During this time the applicant met independently with the RWQCB on January 21, 2010. In response to the CEQA Initial Study, the RWQCB responded on March 1, 2010, stating that WDRs would be required for the project. (See Exhibit H - Public Comments & Environmental Review Referral Responses.) A complete discussion on the environmental review for this project is provided in the section below. A Use Permit may be granted if the Planning Commission makes the following finding: • The establishment, maintenance, and operation of the proposed use or building applied for is consistent with the General Plan designation of “Agriculture” and will not, under the circumstances of the particular case, be detrimental to the health, safety, and general welfare of persons residing or working in the neighborhood of the use and that it will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the County. Also, the project site is currently enrolled under the Williamson Act (Contract Nos. 72-613 & 73- 1237). In compliance with Government Code Section 51238.1, Section 21.20.045(A) of the A-2 zoning district requires that all uses requiring use permits that are approved on Williamson Act contracted lands shall be consistent with three principles of compatibility: 1. The use will not significantly compromise the long-term productive agricultural capability of the subject contracted parcel or parcels or on other contracted lands in the A-2 zoning district; 3 UP 2009-16 Staff Report April 1, 2010 Page 4 2. The use will not significantly displace or impair current or reasonably foreseeable agricultural operations on the subject contracted parcel or parcels or on other contracted lands in the A-2 zoning district. Uses that significantly displace agricultural operations on the subject contracted parcel or parcels may be deemed compatible if they relate directly to the production of commercial agricultural products on the subject contracted parcel or neighboring lands, including activities such as harvesting, processing, or shipping; and 3. The use will not result in the significant removal of adjacent contracted land from agricultural or open-space use. The proposed expansion, may be considered compatible if the Planning Commission finds that the use is consistent with the three principles of compatibility listed above. This project has been reviewed by the Department of Conservation on numerous occasions. They responded that because the project does not involve a significant conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance they would have no specific project related comments. Staff has received a letter from a neighbor to the west raising concerns with a noisy on-site vacuum pump. (See Exhibit H - Public Comments & Environmental Review Referral Responses - letter dated March 10, 2010.) Per the neighbor’s letter, Foster Farms has tried to rectify the problem in the past.