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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-24-02, amending Chapter 28 (Zoning Regulations) of the Solano County Code to revise and update sections pertaining to interpretation of the chapter, minimum architectural standards for dwellings, Residential-Traditional Community District-4 (R-TC-D-4) development standards, and roadside stands. The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3)
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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; and
2. Adopt a resolution recommending that the Board of Supervisors adopt the proposed ordinance (ZT-24-02) amending Chapter 28 (Zoning Regulations) of the Solano County Code to revise and update sections pertaining to interpretation of the chapter, minimum architectural standards for dwellings, Residential-Traditional Community District-4 (R-TC-D-4) development standards, and roadside stands (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 typographical errors, and promoting practicality and internal consistency. Department staff are presenting proposed updates to four parts of the Code.
DISCUSSION:
Background:
The first update pertains to general interpretation of Chapter 28, clarifying mandatory and permissive terms, and clarifying how aliquot parts of land relate to the minimum lot area requirements of zoning districts. The second update is to remove the requirement that the minimum pitch of the roof of a dwelling be three inches vertical to 12 inches horizontal. The third update is to correct a typographical error by adding a column for the R-TC-D-4 zoning district to Table 28.32C related to development standards for any permitted main building and accessory dwelling unit. The fourth update is to correct typographical errors and clarify regulations related to roadside stands in all zoning districts in which they are permitted in the unincorporated area of Solano County.
Summary of Amendments:
Interpretation of Chapter: Section 28.03, relating to how Chapter 28 is interpreted, is amended to add general rules that the words “shall,” “will,” “is to” and “are to” are mandatory. “Should” means a regulation that is not mandatory but must be either fulfilled or the applicant must demonstrate an alternative that fulfills the intent of the regulation. “May” is permissive. These changes are made to minimize ambiguity and are consistent with how staff has historically interpreted and applied the Code.
Section 28.03 is also amended to clarify how aliquot parts of land relate to the minimum lot area requirements in specific zoning districts. Currently, the Solano County Zoning Code does not have a provision regarding the interpretation of Sectionalized Land under the Public Land Survey System (PLSS) to accommodate for potential blunder and/or errors in the Record distances of Sections of Land. Under the PLSS, a Section of land is defined as 640 acres (5280’ x 5280’). Furthermore, as the Section of Land is subdivided, it is known as Aliquot Parts of Land (proper divisor). This amendment would ensure the applicant is not penalized for blunders and/or errors in the gross acreage of land as described in their Legal Description. The Zone Text amendment will allow Staff to work with the applicant and move forward subdividing the land as intended within the spirit of the PLSS and Solano County Code.
Minimum Architectural Standards for Dwellings: Section 28.72.10(A)(2)(c) is amended to remove the requirement that the minimum pitch of the roof of a dwelling be three inches vertical to 12 inches horizontal. Staff has found that this minimum roof pitch requirement is a legacy regulation and is no longer relevant for architectural / dwelling approvals. By eliminating this requirement, staff expects to gain efficiency in building permit approvals.
Residential-Traditional Community District Development Standards: There is a typographical error in Table 28.32C in that it omits a column for the R-TC-D-4 zoning district setting forth the development standards for main buildings and accessory dwelling units in that district.
Roadside Stands: Section 28.01 (definitions) and Article II of Chapter 28 is amended to update the County’s roadside stand land use regulations. County staff has identified the need to clarify regulations related roadside stands in the County because, as written, they are ambiguous, contain numerous typographical errors, and are inconsistent in verbiage between various zoning districts. County staff has also received input from the public that the existing standards present too high of a regulatory bar and therefore disincentivize this type of agritourism and economic development. These revisions are a direct result of staff responding to the Board of Supervisor’s priorities of encouraging and promoting additional agritourism opportunities in Solano County.
The most significant changes made through these proposed amendments include the following:
• Revising the term “roadside stand” to “farm stand” throughout the Code.
• More consistent verbiage and standards between multiple zoning districts.
• Lowering the requirement of a Use Permit to a Minor Use Permit for roadside stands greater than 2,500 square feet. This both reduces applicant fees and expedites the permitting review process, while still requiring a public hearing and a discretionary decision by the hearing authority.
• New definitions for agricultural products, agricultural-related products, and nonagricultural products.
• Clarifying the amount and types of product sales. As revised, the Code will allow up to 100% of square footage to be used for agricultural product sales; up to 50% of the total square footage to be used for agricultural-related product sales, and up to 10% of the total square footage to be used for nonagricultural product sales.
• Clarifying that at least 50% of the agricultural products sold at the farmstand shall be grown or produced on-site or off-site on land within Solano County owned or leased by the farmstand operator. The remainder must be produced within Solano County.
• Clarifying that pre-packaged food sales are only allowed on a maximum area of 50 square feet pursuant to the requirements of the Solano County Department of Resource Management, Environmental Health Services Division, and must be from an “approved source” and not a “potentially hazardous food.”
• Allowing one sandwich board and one awning, freestanding, or wall sign to promote the farmstand, subject to specific size requirements.
Land Use and Transportation Committee:
The proposed zone text amendments related to interpretation and roadside stands were brought to the Solano County Land Use and Transportation Committee (LUTC) on June 18, 2024. The LUTC and the public did not express any concerns and favored the amendment related to the interpretation of Chapter 28 and aliquot divisions of land. The LUTC and the public also favored a zone text amendment to clarify the County’s regulations related to roadside stands. Public comments during the LUTC meeting focused on making permitting requirements easier for roadside stands because they further economic development within the agricultural community, providing consistent standards and verbiage between the different zoning districts, maintaining current regulations in the Suisun Valley, and the need to define agricultural, agricultural-related, and nonagricultural products and clarify standards regarding how much of each product-type may be sold at a roadside stand. Public comments included a suggestion for a new category of “agricultural-related products,” which would be favored over other nonagricultural products for sale at a roadside stand.
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 15 days before the scheduled hearing in the local newspapers.
RECOMMENDATION:
Staff recommends that the Planning Commission recommend that the Board of Supervisors adopt the proposed ordinance (ZT-24-02) amending Chapter 28 (Zoning Regulations) of the Solano County Code to revise and update sections pertaining to interpretation of the chapter, minimum architectural standards for dwellings, Residential-Traditional Community District-4 (R-TC-D-4) development standards, and roadside stands.
ATTACHMENTS:
A - Resolution with Draft Ordinance (Clean)
B - Draft Ordinance (Redline)
C - Public Notice