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Public Hearing to consider and make a recommendation to the Board of Supervisors on a proposed Ordinance, Zone Text Amendment No. ZT 17-03, to amend Chapter 28 of the Solano County Code relating to legal, nonconforming churches within the Suisun Valley Agriculture “A-SV-20” and Agricultural Tourist Center “ATC” zoning districts to allow for the expansion of such uses subject to discretionary approval via the use permit amendment process. (Project Planner: Eric Wilberg) Staff Recommendation: recommend the Board of Supervisors approve the zone text amendment
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DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Planning Commission consider and make a recommendation to the Board of Supervisors on a proposed Ordinance, Zoning Text Amendment No. ZT 17-03, to amend Chapter 28 of the Solano County Code relating to legal, nonconforming churches within the Suisun Valley Agriculture “A-SV-20” and Agricultural Tourist Center “ATC” zoning districts to allow for the expansion of such uses subject to discretionary approval via the use permit amendment process. (Attachment A: Nonconforming Churches Ordinance)
SUMMARY:
Solano County Zoning Regulations currently prohibit new religious facilities from locating within Agricultural zoning districts. In addition, existing legal nonconforming churches within these districts are limited to the terms and conditions of an approved use permit pursuant to the Nonconforming Uses section of the Zoning Regulations (County Code Section 28.114). In general, nonconforming uses of land and buildings are limited to the size, scope, and intensity of that which was lawfully established and existing prior to the adoption of any provision of the Zoning Regulations that renders such uses nonconforming.
The Guru Nanak Sikh Temple located at 2948 Rockville Road has filed a Zone Text Amendment to amend the Nonconforming Uses section of the County Zoning Regulations to set forth a discretionary permitting process for legal, nonconforming churches within the Suisun Valley Agriculture zoning districts to pursue an expansion or intensification.
FINANCIAL IMPACT:
The costs to prepare the ordinance amendment have been paid to the Department of Resource Management via the Zone Text Amendment application fee.
DISCUSSION:
Background
The Guru Nanak Sikh Temple is subject to the terms and conditions of an approved use permit (U-97-13) originally granted February 2, 1999.
In March 2001, through Ordinance No. 1604, the Board of Supervisors amended Chapter 28 of the Solano County Code (Zoning Regulations) to preclude the establishment of new churches in the Exclusive Agricultural zoning districts in order to prevent the conversion of agricultural properties to non-agricultural uses that have the potential to draw large assemblages of people.
Churches lawfully established within Exclusive Agricultural zoning districts prior to the enactment of Ordinance No. 1604 became legal nonconforming land uses, and could continue to operate but could not expand in size or intensity of use.
In February 2011, through Ordinance No. 2011-1717, the Board of Supervisors established new zoning districts and enacted new zoning regulations for the Suisun Valley area. The Guru Nanak Sikh Temple property was rezoned Suisun Valley Agriculture “A-SV-20” at that time; however the church land use remained lawfully established yet nonconforming with respect to current zoning regulations
Objective
The applicant is proposing to allow legal nonconforming churches within the A-SV-20 and ATC zoning districts the ability to seek discretionary approval to expand, through the use permit amendment process, in order to accommodate the needs of their growing congregation. This amendment to the zoning regulations would allow nonconforming churches within the A-SV-20 or ATC zoning districts, legally established prior to February 21, 2019, and subject to an approved use permit, the ability to be enlarged or expanded, provided that any such enlargement or expansion complies with the development standards in section 28.73.30(B)(1), is contained entirely within the parcel originally approved for the use, would not adversely impact agricultural operations on nearby properties, and is approved as an amendment to the use permit.
Recommendation
The Department has prepared a draft ordinance that accomplishes the objective of providing a permitting process which allows the Planning Commission to consider use permit amendment applications for the expansion or intensification of existing legal, nonconforming churches within the Suisun Valley provided that such expansion would not adversely impact agricultural operations on nearby properties. The proposed ordinance would be applicable to two additional religious facilities within the Suisun Valley, including Presbytery of the Redwoods located 4177 Suisun Valley Road (Use Permit U-95-34) and Community of Christ located at 4084 Suisun Valley Road (Use Permit U-77-11).
Reference Attachment B, Location Map
Staff is recommending an ordinance which applies the following development standards to existing legal, nonconforming churches within Suisun Valley seeking expansion or intensification:
• Proposed expansion is consistent with the development standards in section 28.73.30(B)(1),
• Proposed expansion is located entirely within the parcel originally approved for the use.
• Proposed expansion does not adversely impact agricultural operations on nearby properties.
• Proposed expansion is subject to the terms and conditions of an approved amendment to the use permit.
General Plan and Zoning Consistency
The proposed ordinance amendment makes changes to the Nonconforming Uses section of the Zoning Regulations, applicable specifically to the Suisun Valley Agriculture “A-SV-20” and Agricultural Tourist Center “ATC” Zoning Districts. The amendment does not alter the permitted or prohibited land uses within the Suisun Valley Agricultural Zoning Districts. As seen on the General Plan / Zoning Consistency Table (General Plan Table LU-7) the zoning remains consistent with the applicable Agricultural General Plan Designation for the area.
Environmental Analysis:
Staff is recommending that the Planning Commission consider and recommend that this proposed ordinance amendment is exempt from further environmental review pursuant to the General Rule Exemption under Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. The proposed ordinance amends the Nonconforming Uses section of the County Zoning Regulations and sets forth a discretionary permitting process should legal, nonconforming churches within the Suisun Valley Agriculture zoning districts pursue an expansion or intensification. Further environmental review would be required on a project specific basis. The proposed ordinance amendment poses no development nor any other physical alterations on the environment.
PUBLIC HEARING NOTICE:
In accordance with Solano County Zoning Regulations, notice of a public hearing was published at least 15 days before the scheduled hearing in the Fairfield Daily Republic.
ALTERNATIVES:
The Planning Commission may choose alternative actions, including:
1. Approval of the proposed Zone Text Amendment with modifications; or
2. Continue the item to a later date to acquire additional information; or
3. Disapproval of the proposed Zone Text Amendment
OTHER AGENCY INVOLVEMENT:
The proposed zoning amendments will also be submitted to the Airport Land Use Commission as required under state law prior to the Board of Supervisors consideration of the ordinance.
Attachments
A - Draft Ordinance
B - Location Map