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Conduct a noticed public hearing opened February 1, 2022 and continued to a date/time certain of February 8, 2022 and then to March 22, 2022 to consider adoption of an ordinance for Zone Text Amendment No. ZT-21-03 to amend Chapter 28 of the Solano County Code to revise and update definitions and requirements for certain agricultural uses
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Published Notice Required? Yes __X__ No _ _
Public Hearing Required? Yes __X__ No _ _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Read the proposed ordinance by title only and waive further reading by majority vote;
2. Conduct the continued public hearing, opened February 1, 2022 and continued to a date/time certain of February 8, 2022 and then to March 22, 2022 to consider Zone Text Amendment No. ZT-21-03; and
3. Adopt the proposed ordinance for Zone Text Amendment No. ZT-21-03 amending Chapter 28 (Zoning Regulations) of the Solano County Code to revise and update definitions and requirements for certain agricultural uses.
SUMMARY:
The Board is asked to consider approving an ordinance amending Solano County Zoning Code (Chapter 28) related to certain agricultural uses. These amendments were separated from a comprehensive package initially presented on February 1 that was inclusive of both agriculture and commercial related zone text amendments to allow the commercial zone text amendments to proceed separately and provide more time for staff to meet with the agricultural community to understand and potentially address their concerns.
As a result of extensive discussions (5 meetings) with representatives of the agricultural community and in response to comments from others since the Board’s previous public hearings on this item on February 1, 2022 and February 8, 2022, some text changes to those initially presented to the Board are being recommended in the current proposal. These changes include modifications to the definitions and removal of a proposed amendment that may allow certain new agritourism uses in A-40 and A-20 zoning districts. While the meetings with members of the agricultural community were productive, some representatives continue to express concern regarding greenhouses being allowed by right, specifically placement and impacts of large greenhouses on prime agricultural land or being allowed without conditions. Concerns also remain from some members regarding permitting of breweries and distilleries as agricultural processing facilities, requirements related to the permitting of agricultural research, and the proposed, revised definition of agritourism. Staff continues to recommend approval of the proposed zoning text amendments with the additional modifications articulated in the Discussion section as a result of additional impact from the agricultural community based on consistency with state law, provision of additional agricultural market flexibility and support modern farming techniques
If approved, the proposed ordinance amends the Solano County Zoning Code by making specific revisions to the definitions, allowable uses, and permitting requirements for solely the Exclusive Agricultural (A) and Suisun Valley (A-SV and ATC) zoning districts. The complete set of proposed changes to the County Zoning Regulations are contained within Attachments A and B. Attachment A is a redline version of the draft ordinance and contains a range of revisions to the existing Zoning Code shown in red text, together with two exhibits that are Tables of Permitted Uses for each of the two groups of zoning districts being modified, with revisions also shown in red. Attachment B is a “clean” version of the draft ordinance, with redline removed, which will become the County’s official ordinance if approved by the Board.
FINANCIAL IMPACT:
The costs for preparation of the ordinance for the zoning text amendment are included in the Department of Resource Management’s FY2021/22 Adopted Budget.
DISCUSSION:
The proposed zoning text amendments were initially considered by the Board on February 1, 2022 as part of a comprehensive zoning text amendment item addressing certain agricultural and commercial uses. The purpose of the agricultural related zone text amendments proposed was to address changes in State law, reflect the ever-changing methods of farming, and to accommodate the increasing number of agricultural service and support activities inherent in modern farming practices. Projects like Gotham Greens, a 100,000 square foot greenhouse facility near Interstate 80 and Kidwell Road is one such example. Operators of this greenhouse report that they can produce yields substantially above those of open fields while utilizing significantly less water. Additionally, the County’s location along Interstate 80 and near UC Davis agricultural research activities make Solano an ideal location for the emerging AgTech industry.
Due to public input requesting additional time to review the zone text amendments related to agriculture, the Board continued the public hearing to February 8, 2022, directing staff to separate the zone text amendments related to agricultural uses from those related to commercial uses to allow the commercial use amendments to move forward separately. Staff were also directed to meet with the agricultural community to discuss their concerns and report a proposed timeline on when a revised ordinance on the agricultural definitions and requirements will be returned to the Board for consideration and adoption. On February 8, 2022 the Board approved the zone text amendments related to certain commercial uses and, after hearing from staff, continued the hearing to consider zone text amendments for certain agricultural uses to March 22, 2022.
Since February 8, 2022, County staff arranged and participated in multiple work sessions to provide information regarding the proposed zoning text updates to the Solano County Agricultural Commissioner, the Solano County Agricultural Advisory Committee, and select farmers who are on the Solano County Farm Bureau and the Suisun Vintners and Growers Association. Staff have also responded to a February 28, 2022 letter from Shute Mihaly & Weinberger, LLP sent on behalf of Solano County Orderly Growth Committee (Attachment C - Orderly Growth Committee Letter and Response). This letter mainly addressed CEQA concerns related with a “common sense” exemption.
Given the comments received, staff is proposing several amendments to the Exclusive Agricultural (A) Districts and the Agriculture-Suisun Valley (A-SV) Districts to address some of the concerns expressed, expand on our success with agritourism in areas like the Suisun Valley, and in some cases, to come into conformance with State law. Some of the more significant amendments, along with how they address concerns expressed or not, and the reasons for them, are as follows:
Greenhouses as agricultural accessory structures. In 2005, the Legislature amended the Williamson Act and the Food and Agricultural Code to define “greenhouses” and to explicitly state that greenhouses were an agricultural use that must be allowed on land under Williamson Act contracts. Considering these amendments to state law, the County must allow crop production in greenhouses to the same extent it allows crop production in open fields. The proposed amendments will allow the use of greenhouses by right on agricultural lands, like other field crop production activities. During meetings, representatives from the agricultural community expressed concerns related to wastewater collection and disposal, light impacts, loss of prime agricultural land resulting from no limits on size, traffic, use of the greenhouses for marijuana grows and other issues. They also expressed that the Industrial Agricultural service area located adjacent to the City of Dixon was expressly designated for this type of use.
Staff did research other counties treatment of greenhouses and determined that some do treat greenhouses differently based on design. For example, Monterey County allows greenhouse using soil (on the ground), such as a hoop house, to be allowed by right while greenhouses on foundations would require a land use permit. At this time, staff is not recommending changes to the proposed amendment related to greenhouses to meet the State law. However, the Board could direct staff to further explore a tiered permitting process for greenhouses, such as the small, medium and large designation and permitting tiers for agricultural processing facilities, to determine if similar tiered approach could be implemented consistent with state law.
Agricultural research and education. Given the County’s proximity to UC Davis and recognizing that research and education are often conducted within a single facility, staff initially attempted to simplify the zoning regulations for such facilities by combining two separate activities into one land use category. In addition, staff proposed eliminating the requirement that research activities could be conducted only incidental to commercial agricultural production or agricultural processing on the property and not as the principal use of the property. However, based on feedback from agricultural community, staff acknowledges that combining the two activities in the zoning regulations would not simplify permitting and instead could cause confusion. Staff is now recommending that the two activities remain as separately defined uses, recognizing that both uses could be approved on a single property using a single permit. Staff is still recommending that agricultural research be permissible as a principal use of property, which some in the agricultural community disagree and express that the research should be incidental to the field production grown on site.
Revisions to definition of agricultural processing facility. State law provides that the production and bottling of beer and wine are agricultural processing uses. This amendment would clarify the County’s zoning to recognize that beer production and bottling is an agricultural processing land use. Some representatives from the agricultural community did not agree with this. Given State law, staff recommends no changes the previously proposed amendment.
Amendment to definition of large agricultural trucking facility. This amendment will clarify that the business operator is not required to live on the business property, but any such business where the operator lives off-site will be regulated as a large agricultural trucking operation regardless of the number of trucks involved.
Amendment to definition of special event facility. The operation of a special event facility is a commercial enterprise of the property owner, but the events conducted at the facility by the event host are to be non-commercial. This amendment emphasizes that the events conducted at the facility must be non-commercial in nature. For example, weddings and birthday celebrations are acceptable, while seminars and presentations at which the event organizer charges attendees a fee to attend are not. In addition, this amendment clarifies that marketing events conducted by a business on its own premises are not special events but are subject to all requirements applicable to the business, such as parking requirements and maximum allowed occupancy of structures. This is not a change, but rather a clarification to the existing definition.
The zoning text amendment also replaces definitions for labor camps and labor supply camps with labor supply employee housing to bring the County’s regulations for employee housing in line with state labor laws.
Staff had originally proposed, and the Planning Commission recommended approval of, an amendment to the A-40 and A-20 zoning districts that would have allowed some additional agritourism land uses in those zoning districts with a conditional use permit. Based on input received, staff is recommending this text revision be deferred at this time to further consider the appropriate level of CEQA review.
GENERAL PLAN CONSISTENCY:
The proposed zoning text amendments are consistent with the 2008 Solano County General Plan in that the various land uses authorized by the zoning text amendments are compatible with the objectives, policies, general land uses, and programs specified in the plan.
ENVIRONMENTAL ANALYSIS:
Staff is recommending that the Board find this proposed ordinance revision exempt from the requirements of CEQA under the “general rule” exemption since this ordinance is a set of technical adjustments and corrections which do not alter prior regulations for intensity or location of development or any other physical alterations to the environment.
PUBLIC HEARING NOTICE:
In accordance with Solano County Zoning Regulations, notice of a public hearing (Attachment D) was published at least 15 days before the scheduled hearing in the local newspaper.
ALTERNATIVES:
The Board could choose to continue this item and direct staff to perform additional public outreach. The Board could choose to further modify and adopt the ordinance This is at the Board’s discretion. The Board could also choose not to adopt the proposed modified ordinance; however, this is not recommended since the proposed changes are ministerial in nature and provide technical clarifications for the certain agricultural uses.
OTHER AGENCY INVOLVEMENT:
These zoning text amendments were presented to the Board of Supervisor’s Land Use and Transportation Committee on June 22, 2021, and that Committee agreed that the amendments should move forward for consideration. The Solano County Airport Land Use Commission and Planning Commission approved the zoning text amendments on December 9th, 2021, and January 20, 2022, respectively. Prior to its approval, the Planning Commission continued the item from December 16, 2021, to provide an opportunity for staff to discuss the item with the agricultural community.
County Counsel assisted in development of these zoning text amendments.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION