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Conduct a noticed Public Hearing to consider Zone Text Amendment ZT-26-04, which would amend Chapter 28 (Zoning Regulations) of the Solano County Code to revise and update sections consistent with the Solano County 2023-2031 Housing Element and State 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 recommends the Planning Commission:
1. Conduct a noticed public hearing to consider Zone Text Amendment No. ZT-26-04; and
2. Adopt a resolution recommending that the Board of Supervisors adopt the proposed ordinance for Zone Text Amendment No. ZT-26-04 amending Chapter 28 of the Solano County Code to revise and update sections consistent with the Solano County 2023-2031 Housing Element and State law (Attachment A).
SUMMARY:
The matter before the Planning Commission involves proposed amendments to Chapter 28 of the Solano County Code (Zoning Regulations) to implement Housing Element Programs C.2, E.3, and G.2 by updating zoning regulations to be consistent with current State housing law. 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 that approach to eliminate ambiguity for applicants and staff.
DISCUSSION:
The Solano County 2023-2031 Housing Element, adopted by the Board of Supervisors, includes several programs requiring amendments to the County’s Zoning Regulations (Chapter 28 of the Solano County Code). Zone Text Amendment ZT-26-04 implements Housing Element Programs C.2, E.3, and G.2 (Attachment C), as well as applicable State law requirements. The proposed amendments are part of the County’s ongoing effort to maintain zoning regulations that are consistent with State law, facilitate housing production, and eliminate ambiguities for applicants and staff.
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 and expanding how farmworker and agricultural employee housing is permitted across applicable zoning districts. Under current State law, specifically 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.
The proposed amendments resolve this by a tiered framework: 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 defers to State oversight and permits 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 (Health and Safety Code Sections 17021.5 and 17021.6), 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.
Density Bonus and Affordable Housing Incentives Program. The proposed ordinance adds a new Section 28.119 to Chapter 28 to codify the County's implementation of State Density Bonus Law (Government Code Section 65915 et seq.), consistent with Housing Element Program C.2. State Density Bonus Law requires local jurisdictions to grant qualifying housing developments (includes 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 County has been prepared to implement State Density Bonus Law for qualified applications as required by State law. No application has been received to date. Due to the County’s lack of municipal infrastructure, staff don’t anticipate many density bonus requests. The proposed amendment formalizes that practice by establishing a local implementing section that mirrors State requirements, clarifies the application and review process, and ensures continued affordability of density bonus units through recorded agreements.
Residential Care Facilities. The proposed amendments add Residential Care Facilities as a permitted use by-right across all zoning districts that allow residential uses, addressing a gap in the County's existing regulations that did not expressly list this use. A Residential Care Facility is a licensed or unlicensed facility that provides residential care or day care to children, adults, or both, offering personal services, supervision, counseling, or assistance essential to daily living. Both licensed and unlicensed facilities are classified as a residential use of property and are subject to the same development standards applicable to other dwellings of the same type in the same zone. This amendment ensures the County's regulations are consistent with State law, which limits a local jurisdiction's ability to treat residential care facilities differently from other residential uses.
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 relocatable 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 however it is now being codified.
• Transitional Housing/Supportive Housing. These facilities are allowed in other residential districts already. They were included in Table 28.32B Allowed Uses: R-TC-5, R-TC-4, R-TC-D, R-TC-MF, R-TC-MU District to clarify this previous oversite.
• Family Definition. Nonprofit was removed to address residential care facility operators which are often a business providing these services.
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 Programs C.2, E.3, and G.2, which direct the County to amend its Zoning Regulations to: (1) implement State Density Bonus Law; (2) bring zoning regulations into compliance with current State housing law; and (3) reduce regulatory barriers to residential development in the Suisun Valley. The proposed ordinance does not alter prior regulations for intensity or location of development in the County.
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, and under State CEQA Guidelines Section 15268 because the amendments are a ministerial project to implement state law.
PUBLIC HEARING NOTICE
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.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a resolution recommending that the Board of Supervisors adopt the proposed ordinance (ZT-26-04) amending Chapter 28 (Zoning Regulations) of the Solano County Code to revise and update sections consistent with the Solano County 2023-2031 Housing Element and State law.
ATTACHMENTS:
A - Resolution with Draft Ordinance
B - Resolution with Draft Ordinance (Redlined)
C - Housing Element Programs
D - Public Notice