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Consider introducing an ordinance adding Article III to Chapter 2.2 of the Solano County Code concerning Agricultural Lands and Operations to define and implement an agricultural mitigation program; the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §§15162, 15307, and 15308
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Published Notice Required? Yes _ __ No __X__
Public Hearing Required? Yes _ __ No __X__
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; and
2. Introduce an ordinance adding Article III to Chapter 2.2 of the Solano County Code concerning Agricultural Lands and Operations to define and implement an agricultural mitigation program (Attachment A).
SUMMARY:
The 2008 Solano County General Plan includes an Agricultural Chapter with goals and policies that promote the long-term protection of agricultural resources within the County. General Plan Implementation Program AG.I-1 specifically directs the County to propose an ordinance that would implement this program by amending code to compensate for the loss of agricultural land:
Create and adopt a farmland conversion mitigation program and ordinance. Require compensation for loss of agricultural land. Establish appropriate mitigation ratios for the program or utilize a graduated mitigation mechanism. The mitigation ratio shall be a minimum of 1.5:1 (1.5 acres of farmland protected through mitigation for each acre of farmland converted). The program shall not present regulatory barriers to agritourism, agricultural services, and agricultural processing in regions and within land use designations where such uses are permitted and encouraged. The program shall also establish mitigation within the same agricultural region as the proposed development project, or within the Agricultural Reserve Overlay district, as a preferred strategy. The program shall incorporate a fee option, and shall provide an exemption for farmworker housing. Mitigation lands shall be of similar agricultural quality to the lands being converted. (AG.I-1.)
The proposed ordinance would amend Chapter 2.2 of the Solano County Code to effect General Plan Implementation Program AG.I-1 by establishing an “Agricultural Mitigation Program” that protects Solano County’s valuable farmland from conversion to non-agricultural use. The ordinance intends to provide clear, consistent, and implementable regulations to mitigate the loss of productive and potentially productive farmland to ensure the viability of Solano County’s agricultural industry, promote the health of the environment, and preserve the agricultural component of Solano County’s cultural heritage.
The key features of the Agricultural Mitigation Program are included below:
• Relevant definitions
• Applicability
• Required mitigation quantities (i.e., mitigation ratios)
• Qualifying mitigation lands
• Methods to satisfy mitigation requirements
• Process for approval and completion of mitigation
• Requirements for any third-party “Qualifying Entity” to hold a conservation easement
FINANCIAL IMPACT:
The costs associated with preparing the proposed ordinance and this agenda item are nominal and absorbed by the Department’s FY2024/25 Working Budget.
DISCUSSION:
Implementation of the 2008 General Plan includes developing an Agricultural Mitigation Program under Implementation Program AG.I-1. The following is a highlight of provisions that are included in the proposed ordinance:
Applicability:
The projects that must comply with the mitigation requirements in the proposed ordinance include:
1. General Plan Amendments: A General Plan amendment to redesignate land from an Agricultural Designation to any other designation, except for redesignations consistent with General Plan Land Use Policy LU.P-3 and Agricultural Policies AG.P-31 to -36.
2. Rezoning Petitions: A Rezoning Petition to change the County zoning assigned to land from any Agricultural zoning district to any other zoning district, as defined in Chapter 28 of the Solano County Code, except for Resource Conservation Districts.
3. Communication and Infrastructure Uses: An application for an Administrative Permit, Minor Use Permit, or Use Permit for a Communication and Infrastructure Use on land within any Agricultural zoning district, as defined and set forth in Chapter 28 of the Solano County Code.
Projects that convert less than a one (1) acre area will be exempt from the proposed ordinance, unless part of a larger project.
Mitigation Requirements
Projects that convert Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance will be required to mitigate at a replacement ratio of 3:1, meaning that for every acre converted or developed, three (3) acres shall be protected.
Projects that convert Grazing Land will be required to mitigate at a replacement ratio of 1.5:1. This means for every acre converted or developed, one and a half (1.5) acres shall be protected.
Projects that convert land comprising a mix of farmland classifications will be required to mitigate at the highest applicable replacement ratio.
The farmland classification would be based on the California Department of Conservation’s Farmland Mapping and Monitoring Program (FMMP), and the most current published FMMP mapping.
Mitigation Land
Land intended to serve as “mitigation land” under this program-meaning it would be protected by an Agricultural Conservation Easement-must be of substantially equivalent FMMP classification or better, be viable for continued agricultural operation and use, have adequate water supply available for continued agricultural operations and use, shall not already be in any form of conservation, and be within the unincorporated area of Solano County. Mitigation land within the same Agricultural Region as the proposed project, or within the Agricultural Reserve Overlay, is preferred.
Mitigation Methods
Where a project will convert an area that is 20 acres or more in size, the applicant would need to make a “good faith effort” (as defined in the ordinance) to effect an Agricultural Conservation Easement within the same Agricultural Region or the Agricultural Reserve Overlay. If they cannot locate such an easement, then a second good faith effort must be made to grant an Agricultural Conservation Easement elsewhere in the unincorporated area of Solano County. If an easement cannot be located anywhere in the unincorporated area of Solano County, then the applicant shall pay In-Lieu Fees or propose Alternative Mitigation (e.g., projects that implement a groundwater sustainability plan to comply with the Sustainable Groundwater Management Act) subject to Board approval to satisfy their obligation.
Where a project will convert an area that is less than 20 acres in size, the applicant may choose from the start whether to grant an Agricultural Conservation Easement anywhere in the unincorporated area, pay In-Lieu Fees, or propose Alternative Mitigation to satisfy their mitigation obligation.
Qualifying Entity
The County will act as the “Qualifying Entity” that may hold an Agricultural Conservation Easement, collect and use In-Lieu Fees, and administer any approved Alternative Mitigation.
The Board of Supervisors would have the option to approve another Qualifying Entity that is a third-party nonprofit benefit corporation operating within the County that is qualified to hold conservation easements under California law.
Process
When a General Plan Amendment application, Rezoning Petition, or other land use application triggers agricultural mitigation requirements, the applicant would concurrently submit a Farmland Mitigation Plan detailing their proposed method of complying with their mitigation obligation under this program.
Any application that triggers agricultural mitigation would be considered by the Planning Commission for consistency with the terms of this ordinance. The Planning Commission would recommend approval, conditional approval, or disapproval to the Board of Supervisors. At a noticed public hearing, the Board of Supervisors would consider whether to approve the proposed Farmland Mitigation Plan, including any proposed Agricultural Conservation Easement and third-party Qualifying Entity to hold that easement.
Approved mitigation must be deemed complete by the Director of Resource Management prior to the earliest of (a) approval of any parcel map or final subdivision map, or (b) issuance of any building, grading, or encroachment permit.
California Environmental Quality Act (CEQA)
Staff has determined that the proposed ordinance is categorically exempt from CEQA pursuant to CEQA Guidelines §§15307 and 15308 as a regulatory action taken to assure the maintenance, restoration, enhancement, or protection of natural resources and the environment. The proposed ordinance will avoid or reduce significant environmental impacts to farmland in the County and will ensure that future impacts to farmland are minimized and mitigated through a consistent and standardized regulatory program. This ordinance minimizes future alterations in land use and will not result in disturbances to agricultural or environmental resources.
The proposed ordinance is also exempt pursuant to CEQA Guidelines §15162 as consistent with the scope of the previously certified Final Environmental Impact Report for the 2008 General Plan, which included Implementation Program AG.I-1 in the Agricultural Chapter directing the County to create and adopt this Agricultural Mitigation Program.
ALTERNATIVES:
1. The Board may choose not to introduce the proposed ordinance; however, this is not recommended since the 2008 General Plan directed staff to develop a farmland conversion mitigation program and ordinance.
2. The Board may choose to introduce the proposed ordinance and direct staff to further amend or modify the proposed ordinance before returning for a second reading. This is at the Board’s discretion.
OTHER AGENCY INVOLVEMENT:
County Counsel and the County Agricultural Commissioner assisted in the development of this ordinance. Solano LAFCO was also consulted. An outline of the ordinance was brought to the Land Use and Transportation Committee on September 17, 2024.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION