title
Conduct a noticed public hearing to consider an appeal by Matthew Flaherty of the Solano County Zoning Administrator’s June 19, 2025 approval of Minor Use Permit Application No. MU-23-08 of Rhonda and Mike Petrillo to establish a Special Events Facility (Small/Medium) located three (3) miles southwest of the City of Winters in the Exclusive Agriculture 20-acre minimum (A-20) zoning district at 3695 Vickrey Lane, APN 0101-090-550; the project is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines §15303 Class 3 New Construction or Conversion of Small Structures and §15304 Class 4 Minor Alterations to Land
body
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) Conduct a noticed public hearing to consider an appeal by Matthew Flaherty of the Solano County Zoning Administrator’s June 19, 2025 approval of Minor Use Permit Application No. MU-23-08 of Rhonda and Mike Petrillo to establish a Special Events Facility (Small/Medium) located three (3) miles southwest of the City of Winters in the Exclusive Agriculture 20-acre minimum (A-20) zoning district at 3695 Vickrey Lane, APN 0101-090-550; and
2) Deny the appeal request and adopt a resolution (Attachment A) affirming the Zoning Administrator’s decision and approving Minor Use Permit application MU-23-08 based on staff findings and subject to the recommended conditions of approval.
SUMMARY:
Matthew Flaherty of Sunlight Horse and Cattle LLC, owner of 3700 Vickrey Lane (APN 0101-090-540) located directly south of the subject parcel, has submitted an appeal of the Zoning Administrator’s June 19, 2025, decision to approve Minor Use Permit MU-23-08. The permit would authorize a Special Events Facility (Small/Medium) at 3695 Vickrey Lane, located three (3) miles southwest of the City of Winters in the Exclusive Agriculture 20-acre minimum (A-20) zoning district.
The appeal, included as Attachment B, contends that the Zoning Administrator did not adequately address public safety, infrastructure and accessibility issues. A list of the appeal issues and staff responses is provided in Attachment C. The appeal was filed within the required 10-day period, and the filing fee has been paid.
FINANCIAL IMPACT:
Costs associated with processing MU-23-08 are paid by the project proponent, and the appellant has paid the required appeal hearing fees. The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2025/26 Working Budget.
DISCUSSION:
Setting
The 20-acre property is located six (6) miles north of the City of Vacaville and three (3) miles southwest of the City of Winters and consists of one APN (0101-090-550). The property is developed with a primary dwelling, temporary single-family dwelling, and several accessory structures, with the remainder of the property used for agricultural production. The site has direct access from Vickrey Lane, a private road. Per §28.70.10(B)(6) of the County Code, the road shall be maintained in accordance with County Road Improvement Standards.
Project description
The original application included a Small Agricultural Processing Facility, Agricultural Education Facility, Special Events Facility (Small), and a Roadside Stand, but was reduced down by the applicant to include only a Special Events Facility (Small/Medium). A Farm Stand less than 1,000 square feet in size is also planned but is allowed by right in the A-20 zoning district and is not a part of this application. The proposed outdoor Special Events Facility will be established using the existing parking areas, lawn and other graded and landscaped areas. Initially six (6) events per year are proposed allowing up to 150 attendees and may increase to 12 events per year depending on demand, but the size of individual events will not exceed 150 people. The initial phase will use portable restrooms rented for each event with catering by permitted food trucks, with no new development proposed. As conditioned, once the facility has conducted 18 total events, exceeded six (6) events in a single calendar year, or has operated for five (5) years (whichever comes first), permanent restrooms and a septic system will be required to continue operation and will increase the allowed number of events to 12 per year as a Medium Special Events Facility.
Further details and plans are included in Attachment D.
General Plan and Zoning Consistency
The project site is designated Agriculture by the General Plan Land Use diagram (Figure LU-1) of the Solano County General Plan and zoned Exclusive Agriculture 20-acre minimum (A-20). The existing zoning is consistent with the 2008 General Plan, and the proposed Special Events Facility (Small/Medium) is allowed in the A-20 zoning district subject to the applicable regulations and permitting requirements detailed below.
The proposed facility will meet all standards listed in §28.72.10 of the Solano County Code when operated in compliance with the proposed conditions of approval. The subject parcel is zoned A-20, where Small Special Events Facilities (if located on a private road) and Medium Special Events Facilities are allowed with approval of a Minor Use Permit subject to §§28.73.30(A) & (B)(6) of the Solano County Code.
Environmental Analysis
The project is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines §§15303 and 15304, and a detailed explanation of why these exemptions are applicable is included in Attachment G.
Background and Public Hearings:
Zoning Administrator Hearing of November 7, 2024
On November 7th, 2024, the Solano County Zoning Administrator held a duly noticed public hearing to consider Minor Use Permit MU-23-08 to establish a Special Events Facility (Small/Medium). At the time of the hearing, §28.73.30(A)(6) of the Solano County Code stated that Public Assembly uses, such as Special Events Facilities, “shall be located on a public road or a private road if there is a recorded maintenance agreement executed by all lot owners served by the private road.” Vickrey Lane is a private road but does not have a recorded maintenance agreement. The applicant included a draft agreement with the application for MU-23-08 but stated that they were unsuccessful at getting all property owners served by Vickrey Lane to sign, instead proposing agreement via a condition of approval to maintain the road in safe and passable condition for all users and to take responsibility for the cost.
At the hearing, several public comments were submitted in opposition of the project related to the lack of a private road maintenance agreement, increased traffic, noise, and increased pollution and fire risk. All written public comments are included as Attachment H. At the applicant’s request, the Zoning Administrator took action to continue the hearing to an indefinite future date and in the meantime the applicant would attempt to resolve the issues raised by public comments.
Amendment of Private Road Requirements
On April 22, 2025, the County Board of Supervisors adopted an ordinance amending Chapter 28 of the Solano County Code (ZT-25-01). Among other amendments, the ordinance updated the Code to require that all land uses in Solano County abide by the Solano County Road Improvement Standards and Land Development Requirements. The ordinance removed the requirement that certain land uses may only be approved by the County if there is a signed and recorded private road maintenance agreement in place. The change made Solano County more consistent with other jurisdictions throughout the State.
Zoning Administrator Hearing of June 5, 2025
On June 5th, 2025, the Solano County Zoning Administrator held a duly noticed continued public hearing to again consider MU-23-08. Several public comments in opposition of the project were received after close of business on June 4th, which generally reiterated concerns regarding private road maintenance, increased traffic, noise, and increased pollution and fire risk. A letter was received from the Vacaville Fire Protection District at 10:30 p.m. on June 4th, stating that the project was subject to several additional conditions that were inconsistent with Vacaville Fire Protection District’s prior approval of the project as-is. Due to the new information and conflicting comments from the Vacaville Fire Protection District, the Zoning Administrator took action to continue the hearing to the next scheduled date of June 19, 2025, in order to give time for staff to analyze the comments in detail and connect with the Vacaville Fire Protection District regarding their conflicting comments.
Reinspection by Vacaville Fire Protection District
Between the June 5th and June 19th hearings, staff reached out to discuss the June 4th letter with Vacaville Fire Protection District staff, and it was determined that this letter was issued by another staff person who conducted a subsequent inspection of the property. After discussion about the comment period and the initial comments being submitted at that time, per process, the District rescinded the June 4th letter, withdrawing it from consideration.
Zoning Administrator Hearing of June 19, 2025
On June 19th, 2025, the Solano County Zoning Administrator conducted a duly noticed public hearing to again consider Minor Use Permit MU-23-08, and after testimony from the applicant and members of the public, took action to approve the permit.
Appeal of Zoning Administrator Action
On June 30, 2025, Matthew Flaherty submitted an appeal (Attachment B) raising concerns of increases in traffic, noise, and fire danger, lack of accessibility and evacuation plans, and general opposition to operation of a special events facility in the area. Detailed staff responses to each item as listed on the appeal are provided as Attachment C.
Planning Commission Hearing of August 7, 2025
On August 7, 2025 the Solano County Planning Commission held a duly noticed public hearing to consider Matthew Flaherty’s appeal of the approval of MU-23-08 by the Zoning Administrator. Following an overview of the project by the applicant, several property owners in the vicinity spoke in opposition of the project, and one individual spoke in support. Four (4) Commissioners were in attendance, and each spoke on their views of the positive and negative aspects of the project. Motions both to deny and approve the appeal were proposed but the vote was tied 2/2 and neither motion passed. Therefore, the appeal was deemed denied and referred to the Board of Supervisors pursuant to Solano County Code §2-803 and the Planning Commission Rules of Order and Procedure §4.02(d).
Public Hearing Notice
Consistent with §§28.106 and 28.04 of the Solano County Code, a public hearing notice was published in the Daily Republic and Winters Express at least 15 days prior to the public hearing. In addition, all property owner’s within ½ mile of the project site received written public notice.
ALTERNATIVES:
The Board of Supervisors, after conducting a public hearing on this matter, may choose one of the following options:
1) Deny the appeal, affirm the Zoning Administrator’s approval, and approve MU-23-08;
2) Uphold the appeal, reverse the Zoning Administrator’s approval, and deny MU-23-08. This is not recommended because the mandatory findings have been made for the minor use permit, and the project is consistent with applicable General Plan and land use regulations as conditioned; or
3) Continue the public hearing to allow for collection of additional information required to render a decision. If continued, the Board would establish the date to continue the hearing.
OTHER AGENCY INVOLVEMENT:
None.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION