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Conduct a noticed Public Hearing to consider adoption of an ordinance for Zone Text Amendment ZT-26-04 amending Chapter 28 of the Solano County Code to implement Housing Element programs and maintain consistency with the Solano County General Plan and State housing law; The project is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines sections 15162, 15061(b)(3), and 15268
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Published Notice Required? Yes _X_ No ____
Public Hearing Required? Yes _X_ No ____
RECOMMENDATION:
The Department of Resource Management (Department) recommends that the Board of Supervisors:
1) Read the proposed ordinance by title only and waive further reading by majority vote;
2) Conduct a noticed public hearing to consider Zone Text Amendment No. ZT-26-04; and
3) Adopt the proposed ordinance for Zone Text Amendment No. ZT-26-04 amending Chapter 28 of the Solano County Code to implement Housing Element programs and maintain consistency with the Solano County General Plan and State housing law (Attachment A).
SUMMARY:
The proposed amendments to Chapter 28 of the Solano County Code (Zoning Regulations) implement Housing Element Programs C.2, E.3 and G.2 by updating zoning regulations to be consistent with current State housing law and Housing Element commitments. The amendments address agricultural employee housing, density bonus implementation, residential care facilities, emergency shelters, Low Barrier Navigation Centers and minor clarifications related to design review and supportive housing. In most cases, the County has already been applying these State requirements in practice and this ordinance formalizes and codifies applicable State requirements and clarifies the County’s existing implementation practices.
FISCAL IMPACT:
The costs associated with preparing this agenda item are nominal and included in the Department’s FY2026/27 Working Budget.
DISCUSSION:
The Board of Supervisors adopted the 2023-2031 Housing Element on February 6, 2024. These zone text amendments implement Housing Element Programs C.2, E.3 and G.2 by updating zoning regulations to be consistent with State law and requirements established by the Housing Element. The applicable Housing Element programs are summarized in Attachment C.
Summary of Changes
Agricultural Employee Housing
The proposed amendments to sections 28.23.50.20 and 28.71.40 address a deficiency in the County's existing zoning regulations by clarifying how farmworker and agricultural employee housing is permitted across applicable zoning districts. Under the California Employee Housing Act (Health and Safety Code sections 17021.5, 17021.6, and 17021.8), certain categories of employee housing must be treated as residential or agricultural uses and permitted by right. The County's existing ordinance does not fully reflect this. These amendments implement Housing Element Program E.3, which requires employee housing serving six or fewer persons to be treated as a residential use and employee housing consisting of up to 12 units or 36 beds to be treated as an agricultural use consistent with the California Employee Housing Act.
Housing serving four (4) or fewer employees falls entirely under County jurisdiction and is now expressly allowed by right within a permitted primary or secondary dwelling, with a temporary manufactured home available as a third unit subject to an Administrative Permit. For employee housing regulated by the California Department of Housing and Community Development (HCD), the County will permit these facilities by right. HCD’s permitting jurisdiction extends to housing serving five (5) or more employees and encompasses a wide range of dwelling types, including mobile homes, manufactured homes, recreational vehicles, single-family homes, apartments, and dormitories, whether operated seasonally or year-round. Consistent with the California Employee Housing Act, housing serving five (5) or six (6) employees must be treated as a single-family residential use and permitted in the same manner as other single-family residences. Housing serving seven (7) or more employees must be treated as an agricultural use and permitted by right in the same manner as other agricultural uses in the applicable zone. Attachment D is provided with a table that compares the requirements identified in the County’s Housing Element with current State Law requirements.
Density Bonus and Affordable Housing Incentives Program
The proposed ordinance adds Section 28.119 to Chapter 28, codifying the County's implementation of State Density Bonus Law (Government Code Section 65915 et seq.), consistent with Housing Element Program C.2 (Attachment C). State Density Bonus Law requires local jurisdictions to grant qualifying housing developments (including affordable units for lower-income, very low-income, or special needs households) an increase in allowable residential density above the otherwise applicable maximum, along with potential incentives, concessions, and waivers of development standards. The proposed ordinance establishes a local implementing section that mirrors current State requirements, clarifies the application and review process and ensures continued affordability of density bonus units through recorded agreements. Due to ongoing efforts to advance incentive programs, this language may require continued updates to align with current State law.
Residential Care Facilities
The proposed amendment clarifies that residential care facilities are permitted by right in zoning districts where residential uses are allowed. A residential care facility may be licensed or unlicensed and provides residential care or day care for children, adults or both. These facilities may offer personal care, supervision, counseling, or other assistance necessary to support daily living. Although the County has treated these facilities as permitted by right in practice for six or fewer persons, to remain consistent with State law, the current Zoning Code does not clearly reflect this requirement. The proposed amendment would codify the County’s existing practice and implement the Housing Element policy E.3 to allow residential care facilities for 7 or more persons subject to those same standards.
Low Barrier Navigation Center
The proposed amendments add Low Barrier Navigation Centers as a defined use and permit them by right in applicable zoning districts, consistent with Government Code Section 65660, which requires local jurisdictions to allow this use by right in zones that permit multifamily or mixed uses. A Low Barrier Navigation Center is a low-barrier, service-enriched shelter focused on transitioning individuals experiencing homelessness into permanent housing, connecting residents to income, public benefits, health services and housing while they reside there. These facilities may be non-congregate and mobile and are classified as a type of emergency shelter.
Emergency Shelter
The proposed amendments update the definition of Emergency Shelter to reflect changes in State law. An Emergency Shelter provides temporary housing with minimal supportive services for individuals experiencing homelessness, and may take the form of a converted residential, commercial, or industrial building operated under the State Emergency Housing and Assistance Program. The updated definition clarifies that other interim interventions, including navigation centers, bridge housing and respite or recuperative care, also fall within this classification.
Minor Changes
• Suisun Valley Design Guidelines. State law requires design guidelines for housing to be objective. Rather than revise the design guidelines for primary and secondary dwellings in the A-SV and ATC districts, staff are specifically exempting them from design review. This has been staff’s current practice in implementing State law and will now be codified.
• Transitional Housing and Supportive Housing. These facilities are already permitted residential uses under State law and County practice. These uses were added to Table 28.32B Allowed Uses: R-TC-5, R-TC-4, R-TC-D, R-TC-MF, R-TC-MU Districts to correct an oversight and ensure consistency with Housing Element Program E.3.
• Family Definition. The term “nonprofit” was removed from the definition of family to avoid creating barriers for residential care facilities and housing arrangements serving persons with disabilities, consistent with Housing Element Program E.3 and State fair housing requirements.
General Plan Consistency
The proposed ordinance is consistent with the Solano County General Plan in that the amendments to the text of the Solano County Zoning Regulations are compatible with the objectives, policies, general land uses and programs specified in the plan. Specifically, the proposed amendments implement Housing Element Program C.2 by establishing local procedures for State Density Bonus Law, Program E.3 by updating regulations related to employee housing, supportive housing, emergency shelters, low barrier navigation centers, residential care facilities and family definitions, and Program G.2 by reducing regulatory barriers to qualifying residential development in Suisun Valley. The proposed ordinance does not substantially alter the intensity, density or geographic distribution of development previously contemplated by the General Plan and Housing Element.
Environmental Review
The proposed amendments are exempt from the California Environmental Quality Act (CEQA) under State CEQA Guidelines Section 15162 because the 2008 General Plan Environmental Impact Report (EIR) and the Addendum to the General Plan EIR for the 2023-2031 Housing Element evaluated environmental impacts associated with implementation of the 2023-2031 Housing Element, and under State CEQA Guidelines Section 15061(b)(3) because the amendments present no possibility of a significant impact on the environment. The amendments are also exempt under State CEQA Guidelines Section 15268 to the extent they implement ministerial actions required by State law.
Agency Review
Planning Commission: The proposed zone text amendments were brought to the Planning Commission on May 7, 2026. After receiving a presentation on the proposed changes and discussion, the Planning Commission recommended approval of the ordinance. As part of its recommendation, the Commission requested that staff research whether the ordinance could include abused or neglected adults among the populations served by community care facilities, rather than limiting the provision to abused or neglected children. Staff completed the requested research and determined that it is appropriate to include abused or neglected adults within the scope of the ordinance update. The proposed ordinance has been revised accordingly.
Solano Airport Land Use Commission (ALUC)
On June 11, 2026, the ALUC adopted Resolution No. ALUC-26-010 which determined that the Project is consistent with the provisions of the Travis Air Force Base, Rio Vista Airport and Nut Tree Land Use Compatibility Plans subject to the condition that employee housing complies with the maximum residential density and population intensity established by the Travis Air Force Base LUCP. The proposed ordinance incorporates the applicable ALUC condition.
Public Noticing Requirement
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 D). In addition, all persons requesting notice of the public hearing were mailed notices of the hearing.
ALTERNATIVES
The Board may choose to adopt some or none of the amendments to Chapter 28 at this time. This alternative is not recommended because the proposed amendments are intended to implement the General Plan’s Housing Element, ensure consistency with State law and were recommended for approval by the Planning Commission.
OTHER AGENCY INVOLVEMENT:
None.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION