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Conduct a noticed Public Hearing to consider zone text amendment ZT-25-03, which would amend Chapter 28 (Zoning Regulations) of the Solano County Code to correct typographical errors and update sections pertaining to parking standards for public assembly and residential uses, setbacks for kennels and catteries, side setbacks in residential-traditional community zoning districts, waivers of development standards, and temporary agritourism events in the unincorporated Solano County; the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15304
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Published Notice Required? Yes _X_ No ____
Public Hearing Required? Yes _X_ No ____
RECOMMENDATION:
The Department of Resource Management (Department) recommends the Planning Commission:
1. Conduct a noticed public hearing to consider Zone Text Amendment No. ZT-25-03; and
2. Adopt a resolution recommending that the Board of Supervisors adopt the proposed ordinance Zone Text Amendment No. ZT-25-03 amending Chapter 28 of the Solano County Code to correct typographical errors and update sections pertaining to parking standards for public assembly and residential uses, setbacks for kennels and catteries, side setbacks in residential-traditional community zoning districts, waivers of development standards, and temporary agritourism events in the unincorporated Solano County.(Attachment A).
SUMMARY:
The matter before the Board of Supervisors involves proposed amendments to Chapter 28 of the Solano County Code (Zoning Regulations) updating certain sections with the goal of eliminating ambiguities, correcting errors, and promoting practicality and internal consistency. Department staff recommend updates that can be grouped into seven categories.
The first update corrects typographical errors in Sections 28.75.30, 28.01, Section 28.68, Table 28.31A, and Table 28.42B. The second update clarifies parking standards for public assembly uses. The third update clarifies parking standards for single and multi-family dwellings. The fourth update revises setback requirements for kennels and catteries to make them feasible in the Rural Residential 2.5- and 5- acre minimum zoning districts. The fifth update clarifies side setback requirements in the Residential-Traditional Community zoning districts. The sixth update clarifies the waiver process for residential development standards. Finally, the seventh update standardizes the permitting requirements for temporary agritourism events and clarifies standards applicable to such event permits.
DISCUSSION:
Summary of Amendments:
1. Typographical Errors: Sections 28.75.30, 28.01, Section 28.68, Table 28.31A, and Table 28.42B are amended to correct typographical errors. The typographical errors in Sections 28.75.30, 28.01, Section 28.68, and Table 28.31A are straightforward text errors. The error in Table 28.42B is a result of past changes in the General Plan and Zoning Regulations that did not carry over to this section. For instance, Section 28.105 of the Code has been removed, and the referenced seven-step development review process for siting waterfront industries is no longer an accurate reference. The text is recommended to be changed to reflect the requirement for a use permit, consistent with Section 28.106, and the requirement to follow the policies for review set forth in the current General Plan.
2. Parking Standards for Assembly Uses. Section 28.94(A) contains general parking standards for public assembly use. However, there are some public assembly uses that contain specific parking standards that differ from these general requirements. The proposed amendment will clarify that the parking standards set forth in Section 28.94 for public assembly uses are the general standard. If another section of Chapter 28 contains specific parking requirements for a specific type of public assembly use, those requirements control.
3. Parking standards for single- and multi-family dwellings. Currently, Section 28.72.10 requires single family dwellings to provide an enclosed parking area measuring 18 feet by 18 feet unless a waiver of this standard is granted. Staff have found that applicants almost always request a waiver after being informed that they must either apply for one or construct a two-car garage to comply. To date, no waivers for this requirement have been denied.
This requirement has been found to disproportionately affect property owners who choose prefabricated or manufactured homes. For example, a recently issued permit for a 450 square foot metal garage resulted in an additional cost of approximately $27,000. The proposed amendment would revise the parking standard to allow the required 324 square feet of parking area to be provided by an enclosed garage, a carport, or an area reserved for parking. This change would maintain adequate onsite parking while providing flexibility and reducing unnecessary financial burdens on homeowners.
Currently, Section 28.94 requires any multifamily development to have one (1) enclosed parking space and one (1) unenclosed parking space regardless of unit size. While the County historically has not had a lot of multifamily development, staff found this could be onerous for any future multifamily development. The recommendation is to have a new standard of 1.3 spaces per unit rounded up to the nearest whole number. The spaces may be enclosed or unenclosed.
4. Setbacks for Kennels and Catteries. Currently, the side setback requirement for kennels and catteries is 200 feet from any lot for any activities, buildings, and uses of land associated with the kennel or cattery. Kennels and catteries are also currently allowed in the Rural-Residential 2.5- and 5-acre minimum zoning districts. The requirement for 200-foot side setbacks, however, cannot possibly be met for lots under 5 acres. Therefore, based on the intent to allow this land use within the RR-2.5 and RR-5 zoning districts, the proposed amendment changes the side setback requirement to 60 feet, which can feasibly be met and will still limit the impact of these facilities on neighboring properties.
5. Combined Side Setbacks in the R-TC Zoning Districts. Currently, in the Residential-Traditional Community zoning districts, there are both individual and combined side setback requirements for main buildings and accessory dwelling units. Staff have found that the combined side setback requirement is redundant and at times conflicts with the individual side setback requirement. The recommendation is to remove the combined side setback requirement to clarify the requirement consistent with County practice.
6. Waivers of residential development standards. Currently, waivers are used to waive certain land use standards in the zoning code. As written, Section 28.108(A) is unclear regarding the process for waivers to be approved administratively by the Zoning Administrator, and those which require a noticed public hearing. The proposed updates will clarify that the Director of Resource Management may grant a waiver administratively, unless the project receives a written objection from a neighbor following public notice. If an objection is received, the waiver application must be considered by the Zoning Administrator at a public hearing.
Additionally, there are several sections elsewhere in the Zoning Regulations that allow for a waiver of development standards pursuant to Section 28.108, but which are not specifically cited in 28.108 as being eligible for a waiver. For example, Section 28.72.30(B)(1)(c) creates an allowance for residential accessory structures to obtain a waiver for a reduced setback. Section 28.71.10(B)(1)(c) creates an allowance for an agricultural accessory structure to obtain a waiver for a reduced side or rear yard setback. Section 28.108, however, does not specifically cite these sections as eligible for a waiver which generates confusion and may be perceived as a conflict. The proposed revision will update Section 28.108 to cite all the specific sections of Chapter 28 for which a waiver may be granted.
7. Temporary Agritourism Events. Currently, temporary agritourism permits may be issued for one event and lapses if the event is not conducted on the specified date(s). Proposed amendments to the definition of “agritourism event” in Section 28.01 and the specific standard in Section 28.75.20(B)(4)(h) will make it clear that temporary agritourism events may be permitted for one event on specified date(s) per year but may be renewed for a total of three (3) consecutive years. Any agritourism event that extends beyond three consecutive years will no longer qualify as a temporary agritourism event and shall be regulated as an agritourism facility or other use specifically listed in the table of allowed uses for the applicable zoning district. This amendment will not impact agritourism event regulations in the Suisun Valley zoning districts (ASV-20, ATC, ATC-NC), which are set forth in Section 28.23.50.50.
The proposed amendment would also change the permitting requirement for a temporary agritourism event in the Exclusive Agriculture zoning districts from a minor use permit to an administrative permit, which is a ministerial and lower cost permit. This change is consistent with the Industrial-Agricultural Service zoning district (IAS), which is the only other zoning district outside the Suisun Valley that allows temporary agritourism events. In the IAS districts, temporary agritourism events are allowed with an administrative permit.
GENERAL PLAN CONSISTENCY:
The proposed ordinance is consistent with the Solano County General Plan in that the amendments to the text of Solano County Zoning Regulations are compatible with the objectives, policies, general land uses, and programs specified in the plan. The proposed ordinance does not alter prior regulations for intensity or location of development in the County.
ENVIRONMENTAL REVIEW:
The proposed zone text amendment is exempt from the California Environmental Quality Act (Public Resources Code §21000, et seq.) (CEQA) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) Section 15061(b)(3) (Common Sense Exemption) because the proposed project has no potential to cause a significant effect on the environment. The proposed project entails a set of minor amendments to the text of Chapter 28 of the Solano County Code to eliminate ambiguities, correct typographical errors, and promote practicality and internal consistency. The proposed zone text amendment will not alter prior regulations for intensity or location of development or otherwise compel any physical disturbance to the existing physical environment.
In addition, CEQA Guidelines Section 15304 involves minor public or private alterations in the condition of land, water, and/or vegetation which do not include removal of healthy, mature, scenic trees except for forestry or agricultural purposes, and includes minor temporary uses of land (such as carnivals) having negligible or no permanent effects on the environment. Section 15304 applies to this proposed project to the extent it changes the permitting requirements and regulations for temporary agritourism events. Temporary agritourism events may only be conducted in a temporary manner, without any new construction of permanent structures, with no effects on the environment.
PUBLIC HEARING NOTICE:
In accordance with Solano County Zoning Regulations and State law, notice of a public hearing was published at least 20 days before the scheduled hearing in the Fairfield Daily Republic (Attachment C). In addition, all persons requesting notice of the public hearing were mailed notices of the hearing.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a resolution recommending that the Board of Supervisors adopt the proposed ordinance (ZT-25-03) amending Chapter 28 (Zoning Regulations) of the Solano County Code to correct typographical errors and update sections pertaining to parking standards for public assembly and residential uses, setbacks for kennels and catteries, side setbacks in residential-traditional community zoning districts, waivers of development standards, and temporary agritourism events in the unincorporated Solano County.
ATTACHMENTS:
A - Resolution with Draft Ordinance (Clean)
B - Draft Ordinance (Redline)
C - Public Notice