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Adopt 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 _X__ No ____
Public Hearing Required? Yes _X__ No ____
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends the Board of Supervisors adopt 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.
SUMMARY/DISCUSSION:
On October 22, 2024 the Board introduced an ordinance amending 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 Board directed staff to revise the mitigation ratio for projects that convert Prime Farmland, Farmland of Statewide Importance, Unique Farmland, or Farmland of Local Importance from a fixed ratio to a ratio range. The original, proposed language required an applicant to mitigate at a replacement ratio of 3:1, meaning that for every acre converted or developed, three (3) acres shall be protected. Staff was directed to revise (bold text) this language to read that “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 up to 3:1, meaning that for every acre converted or developed, up to three (3) acres shall be protected.”
Staff will be taking an item to the Land Use and Transportation Committee on November 19, 2024 to seek additional public comment on possible minor revisions that were raised during the Board’s October 22, 2024 public comment session. Public comment concerns included questions as to whether the County was equipped to manage conservation easements, whether alternative mitigation or in lieu fees would best serve conservation needs, and concerns about using the Department of Conservation’s Farmland Mapping and Monitoring program’s classifications exclusively in that such usage may inadvertently penalize water conservation.
California Environmental Quality Act (CEQA)
On October 22, 2024 the Board 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.
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.
ALTERNATIVES:
1. The Board may choose not to adopt 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 direct staff to further amend or modify the proposed ordinance before returning for an additional 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