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Public Hearing to consider zone text amendment ZT-25-01, which would amend Chapter 28 (Zoning Regulations) of the Solano County Code to revise and update sections pertaining to Office of County Surveyor review, private road maintenance agreements, agricultural accessory buildings, and farm stands in the unincorporated Solano County; the project is exempt from the California Environmental Quality Act (CEQA) pursuant to §15061(b)(3) of the CEQA Guidelines
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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 Planning Commission:
1. Conduct a noticed public hearing to consider Zone Text Amendment No. ZT-25-01; and
2. Adopt a resolution recommending that the Board of Supervisors adopt the proposed ordinance Zone Text Amendment No. ZT-25-01 amending Chapter 28 of the Solano County Code to revise and update sections pertaining to Office of County Surveyor review, private road maintenance agreements, agricultural accessory buildings, and farm stands in the unincorporated Solano County (Attachment A).
SUMMARY:
The matter before the Planning Commission involves proposed amendments to Chapter 28 of the Solano County Code (Zoning Regulations) to revise and update certain sections with the goal of eliminating ambiguities, correcting errors, and promoting practicality and internal consistency. Department staff recommend proposed updates to four parts of the Code, as follows.
The first update proposes to clarify public works permitting oversight and the review capacity of the County Surveyor. The second update would correct an error in the zoning standards related to agricultural accessory buildings. The third update proposes to amend the County’s private road maintenance agreement requirement to align with the County’s Road Improvement Standards and Land Development Requirements and State law. The fourth update proposes minor amendments to how farm stands are defined and regulated in the unincorporated area of Solano County.
DISCUSSION:
Summary of Amendments:
General Development Standards Applicable to All Uses in Every Zoning District: Section 28.70.10(E)(3) is amended to clarify Public Works permitting oversight and the review capacity of the County Surveyor to “review and approve any and all conveyance documents associated with, or as a condition of approval for, any land use subject to this Chapter.” These changes reflect current practice and clarify for the public the role of Public Works and the County Surveyor in reviewing land use applications.
Agricultural Accessory Buildings: Section 28.71.10(B)(1)(f) is removed because it is a standard applicable to residential accessory buildings which was erroneously placed in the section of the code related to agricultural accessory buildings. This standard currently exists in its correct location, Section 28.72.30(B)(1)(i) [Residential Accessory Uses and Buildings].
Private Road Maintenance Agreements: Section 28.71.10 includes general development standards applicable to all land uses in every zoning district. Department staff propose a new general standard, Section 28,71.10(B)(6), to clarify that all land uses in every zoning district shall comply with the Solano County Road Improvement Standards and Land Development Requirements (“County Road Standards”). This is a current requirement that is not clearly stated in the Code.
The County Road Standards were adopted in 2006, and the Solano County Public Works Engineering Division is nearing completion of a comprehensive update that is anticipated to be considered for approval by the Board of Supervisors in April of 2025, prior to the adoption of this zone text amendment. The update will include, among other things, clarifications regarding maintenance of private roads. The draft language to be included in the County Road Standards regarding private road maintenance is included as Attachment D.
Currently, Solano County Zoning Regulations include a private road maintenance agreement requirement for nearly all new or modified land uses located along a private road. In other words, the County will not approve most new land uses accessed by a private road unless all lot owners served by that private road sign (or already have in place) a road maintenance agreement. This requirement is not common across other jurisdictions in California and is more stringent than State law. The land uses subject to this requirement include those allowed by-right, allowed with an Administrative Permit, and allowed with a conditional Minor Use or Use Permit, including:
• Agricultural Processing Uses; Nursery with Public Sales; Medium Wineries, Animal Facilities and Operations; Commercial Auctions and Agricultural Equipment Sales; Livestock Auction Yards; Cottage Industries; Recreational Uses; Education Uses; Public Assembly Uses; Retail Uses; Office Uses; Agritourism; Temporary Agritourism; Industrial, Manufacturing, and Processing Uses, Wholesale Uses; Infrastructure Uses; Public Service Uses; Temporary Public Construction and Infrastructure Uses; and Suisun Valley specific Agricultural, Tourist, and Commercial Service Uses
The County’s private road maintenance agreement requirement has led to circumstances where a property owner is seeking to develop as otherwise allowed by County Code but is prevented from doing so by unresponsive neighboring landowners. If a neighbor refuses to, or simply fails to respond to efforts to, execute a private road maintenance agreement, County Code prevents the development from moving forward.
The proposed zone text amendment would remove the road maintenance agreement requirement and add a general standard that requires compliance with the County Road Standards. A full list of the land use types to which this amendment is applicable, and references, can be seen in the attached Draft Ordinance (Attachments A [clean] and B [redline]).
The proposed update to County Road Standards will provide that property owners living on private roads are required to maintain their roads according to State law, California Civil Code Section 845 (Attachment E). Civil Code section 845 requires maintenance of privately maintained roads to be shared equitably by the landowners benefiting from those roads, in proportion to the use made by each owner-unless there is a road maintenance agreement in place. The County does not enforce private road maintenance. Rather, it is enforced through civil action between the neighbors.
The proposed update to County Road Standards would also include a provision that approval of a development application requiring a discretionary permit (e.g., Minor Use Permit or Use Permit), located on a private road, shall be expressly conditioned on compliance with Civil Code section 845. The purpose of this is to make it clear to the landowner that, consistent with State law, they have an obligation to contribute their fair share of maintenance costs or have an executed road maintenance agreement in place. The approval authority for the development application (e.g., Zoning Administrator, Planning Commission, Board of Supervisors) would have discretion to require a private road maintenance agreement on a case-by-case basis.
On November 19, 2024, Department staff brought the concept of this proposed change to the Land Use and Transportation Committee. The feedback received was supportive of the proposed amendment to remove the private road maintenance agreement requirement and defer to State law.
Farm Stands: Section 28.01 (definitions) and Article II of Chapter 28 is amended to update the County’s farm stand land use regulations and definitions based on comments received from the Board of Supervisors, members of the public, and multiple divisions of Solano County staff to further clarify County Farm Stand operations.
The most significant changes made through these proposed amendments include the following:
• Clarifying in the Farm Stand definition to provide internal consistency. The land use standards for Farm Stands in Article II provide that Agricultural Products must be grown primarily on-site or off-site on land owned or leased by the farm stand operator. The proposed revision resolves the inconsistency.
• Simplification of Agricultural Products definition language from “honey, pollen, unprocessed bees wax, propolis, royal jelly” to “honey and other bee products” and from “raw sheared wool” to “wool”.
• Clarification that “nursery stock” is permitted to be sold at Farm Stands only if grown and produced in Solano County.
• Revised the “are in harmony with” language in both the Local Products and Other Products definitions to “promote” in order to provide more clarity.
Additionally, the on-site growing requirement previously stated that at least 50% of Agricultural Products sold shall be grown or produced on-site or off-site on land within Solano County owned or leased by the Farm Stand operator. In response to concerns regarding the feasibility of this requirement for large farm stands, this requirement would not apply to Farm Stands greater than 2,500 square feet in size that require a minor use permit.
Finally, the regulations are amended to provide that farm stand size is measured by gross floor area, instead of total roof-covered area. This is consistent with regulations for measuring the size of other land uses.
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 (CEQA) under State CEQA Guidelines Section 15061(b)(3) 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 project will not alter prior regulations for intensity or location of development or otherwise compel any physical disturbance to the existing physical environment.
OTHER AGENCY INVOLVEMENT:
County Counsel assisted in development of the proposed zone text amendments.
PUBLIC HEARING NOTICE:
In accordance with Solano County Zoning Regulations, notice of a public hearing was published at least 20 days before the scheduled hearing in the local newspapers.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a resolution recommending that the Board of Supervisors adopt the proposed ordinance (ZT-25-01) amending Chapter 28 (Zoning Regulations) of the Solano County Code to revise and update sections pertaining to Office of County Surveyor review, private road maintenance agreements, agricultural accessory buildings, and farm stands in the unincorporated Solano County.
ATTACHMENTS:
A - Resolution with Draft Ordinance (Clean)
B - Draft Ordinance (Redline)
C - Public Notice
D - Draft Solano County Road Improvement Standards relating to Private Road Maintenance Agreements
E - Civil Code section 845