DATE: March 5, 2024
TO: Board of Supervisors
SUBMITTED BY: Steven E. White, Director
Department of Public Works and Planning
SUBJECT: Appeal Planning Commission's approval of Unclassified Conditional Use Permit No. 3709, Variance Application No. 4112, and Certification of Environmental Report No. 8077 (Appellant: Advocates of The Environment; Applicant: OPA Pistachio)
RECOMMENDED ACTION(S):
TITLE
1. Consider Appeal of the Planning Commission's approval of Unclassified Conditional Use Permit No. 3709 and Variance Application No. 4112 proposing to allow a pistachio processing facility including irrigation of approximately 3,740 acres of agricultural land with process water, and waiver of height limitations for specific structures to permit 48 silos at 50-feet and the two proposed huller buildings at 42.5-feet (maximum 35-foot allowed) in the AE-20 (Exclusive Agricultural, 20-acre minimum parcel size) Zone District.
2. If the Appeal is denied and the Planning Commission's approval of Unclassified Conditional Use Permit No. 3709 and Variance Application No. 4112 is upheld, the Board should Adopt the proposed Resolution consisting of the following actions:
a. Find that the Final EIR (FEIR) was presented to, reviewed, and considered by the Board; and
b. Find that the decision to certify the FEIR reflects the Board's independent judgement; and
c. Adopt the California Environmental Quality Act (CEQA) Findings of Fact and Statement of Overriding Considerations, approve the Mitigation Monitoring and Reporting Program and certify the Environmental Impact Report prepared for the proposed project, and EIR No. 8077 prepared for the Stamoules Pistachio Processing Facility; and
d. Direct staff to complete and file a Notice of Determination in compliance with State law; and
e. Make the required Findings specified in Fresno County Zoning Ordinance, Section 873(F) and 877(A) to uphold Unclassified Conditional Use Permit No. 3709 and Variance Application No. 4112; and
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