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Conduct a noticed Public Hearing to consider adoption of an ordinance for Zone Text Amendment No. ZT-24-02 to amend Chapter 28 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 stand regulations in unincorporated Solano County; the project is exempt from the California Environmental Quality Act (CEQA) pursuant to §15061(B)(3) of the CEQA Guidelines
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Published Notice Required? Yes _X_ No ____
Public Hearing Required? Yes _X_ No ____
RECOMMENDATION:
The Department of Resource Management (Department) recommends that the Board of Supervisors:
1. Read the proposed ordinance by title only and waive further reading by majority vote;
2. Conduct a noticed public hearing to consider Zone Text Amendment No. ZT-24-02; and
3. Adopt the proposed ordinance Zone Text Amendment No. ZT-24-02 amending Chapter 28 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 stand regulations in unincorporated Solano County (Attachment A).
SUMMARY:
The matter before the Board of Supervisors 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 recommend proposed updates to four parts of the Code, as follows.
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 proposes 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 proposes 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 proposes 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.
FINANCIAL IMPACT:
The costs associated with preparing this agenda item are nominal and included in the Department’s FY2024/25 Working Budget.
DISCUSSION:
Summary of Amendments
Interpretation of Chapter: Section 28.03, relating to how Chapter 28 is interpreted, is amended to clarify general rules that the words “shall,” “will,” “is to” and “are to” are defined as 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 proposed 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 blunders 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 Department staff to work with applicants and move forward subdividing 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. Department staff have 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: Chapter 28 is amended to update the County’s roadside stand land use regulations. County staff has identified the need to clarify regulations related to roadside stands in the County because, as written, they are ambiguous, contain numerous typographical errors and use inconsistent language between various zoning districts. County staff has also received input from the public that the existing standards are confusing and 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. The purpose of this is to be consistent with terminology used by the Environmental Health Division.
• Revising the definitions in Section 28.01, to clarify what a “Farm Stand” is and add definitions for “Agricultural Products,” “Local Products,” and “Other Products” that may be sold at a Farm Stand.
• Clarify for the amount each product type may be sold at a Farm Stand, to remain consistent with the intent that Farm Stands promote local agriculture and agritourism:
Product Type Maximum Square Footage of Total Stand Size
Agricultural Products Up to 100% of total square footage.
Local Products Up to 50% of total square footage.
Other Products Up to 10% of total square footage.
• Clarify that, of the Agricultural Products sold, at least 50% (or half) must be grown or produced on-site or off-site on land within Solano County owned or leased by the Farm Stand operator. The recommendation of the Solano County Planning Commission was to keep the current standard that the other 50% may be grown or produced off-site, within or outside Solano County, by any person.
• For Farm Stands greater than 2,500 square feet, lowering the permit requirement from a Use Permit to a Minor Use Permit. This both reduces applicant fees and expedites the permitting review process, while still requiring a public hearing, environmental review under CEQA and a discretionary decision by the hearing authority.
• Clarifying that food sales are subject to any further requirements of the Solano County Department of Resource Management, Environmental Health Services Division. This includes the requirement that “pre-packaged food sales” from an approved source, which are not potentially hazardous, are only allowed on a maximum area of 50 square feet.
• Allowing one sandwich board and one awning, freestanding, or wall sign to promote the Farm Stand, subject to specific size requirements.
Environmental Review
The proposed zone text amendment is exempt from the California Environmental Quality Act (CEQA) under state CEQA Guidelines §15061(b)(3), the General Rule or “common sense exemption,” 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. In addition, the proposed change to lower the permit requirement for Farm Stands greater than 2,500 square feet from a Use Permit to a Minor Use Permit will not impact the level of environmental review required under CEQA because those permits will remain subject to discretionary review by the hearing authority.
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.
Agency Review
Land Use and Transportation Committee:
The proposed zone text amendments related to interpretation of Chapter 28 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, including the clarifications related to 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 included requests to make permitting requirements easier for roadside stands because they further economic development within the agricultural community, to provide consistent standards and language between the different zoning districts, to maintain current regulations in the Suisun Valley, to create new definitions to distinguish agricultural products from nonagricultural products, and to 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 non-agricultural products that were more local in nature, or in harmony with the agricultural community, which would be favored over other non-agricultural products for sale at a roadside stand.
Planning Commission:
The proposed zone text amendments were brought to the Planning Commission on December 5, 2024. The Planning Commission adopted a resolution recommending approval of the zone text amendments consistent with staff recommendation and with three additional minor changes:
1. Sections 28.74.10(B)(8)(a)(4) and 28.74.10(B)(8)(b)(4) should read: “At least 50% of agricultural products sold shall be grown or produced on-site or off-site on land within Solano County owned or leased by the Farm Stand operator. The remainder of agricultural products sold may be produced offsite.”
2. Section 28.01 Farm Stand definition, Agricultural Products should instead read: “Products including, but not limited to, fruits, nuts vegetables, herbs….”
3. Make sure there are consistent references to “Agricultural Products,” “Local Products,” and “Other Products” throughout the document.
These recommended revisions are incorporated in the ordinance enclosed for the Board of Supervisors’ consideration.
Public noticing requirement:
In accordance with Solano County Zoning Regulations, notice of a public hearing was published at least 20 days before the scheduled hearing in the Fairfield Daily Republic (Attachment C). In addition, all persons requesting notice of the public hearing were mailed notices of the hearing.
ALTERNATIVES:
The Board may choose not to adopt any amendments to Chapter 28 at this time. This alternative is not recommended because the proposed amendments are intended to provide clearer and more consistent language in Solano County’s Zoning Regulations and were recommended for approval by the Planning Commission.
OTHER AGENCY INVOLVEMENT:
None.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION