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Conduct a noticed public hearing opened February 8, 2022 and continued to March 22, 2022 to consider an appeal of the Planning Commission’s approval of Use Permit Application No. U-20-04 for the Turpin Special Event Facility consisting of a barn styled structure with an associated guest studio, a secondary dwelling as a vacation rental home, and related uses located at 2208 Morrison Lane, Fairfield, APN: 0153-140-240, in the "A-SV-20" Agriculture-Suisun Valley Zoning District
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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 Board of Supervisors:
1. Conduct a noticed public hearing opened February 8, 2022, and continued to March 22, 2022, to consider an appeal of the Planning Commission’s approval of Use Permit Application No. U-20-04.
2. Adopt a resolution to affirm the Planning Commission’s decision and approve Use Permit Application No. U-20-04 for the Turpin Special Event Facility for the construction of a 4,738 square foot barn styled structure to serve as a special event facility and associated guest studio and secondary dwelling as a vacation rental home and related uses located at 2208 Morrison Lane, Fairfield, APN: 0153-140-240 in the "A-SV-20" Agriculture-Suisun Valley Zoning District, subject to the recommended conditions of approval.
SUMMARY:
The matter before the Board of Supervisors involves an appeal of the Planning Commission’s decision approving Use Permit U-20-04 for the Turpin Special Event Facility (Attachments B and C), which is proposed as a medium-sized special events facility allowing a maximum of 12 events per year, with up to 150 people per event including support staff. The facility is located along Morrison Lane, Fairfield, which is a paved and striped two lane, County maintained road. Based on written and verbal information received from staff, the public, and the applicant, the Board continued the public hearing from February 8, 2022, to March 22, 2022 and provided direction to staff to address five general areas: agricultural use of the property, traffic, fire and safety, noise, and enforcement. The discussion below and attachments provide additional information relevant to these issues, provide background on what a special event center is, and how the use is consistent with the General Plan, Suisun Valley Strategic Plan and Zoning Code. Staff continues to recommend approval of the use permit and has included supplemental information and additional conditions of approval to address issues that have been raised.
After receiving the information and considering all public and applicant testimony, the Board can choose to approve a resolution affirming the Planning Commission’s approval of Use Permit U-20-04 as modified to further address the various issues raised by the Board on February 8, 2022 (Attachment A - Resolution) or uphold the appeal and deny the permit. To approve the Use Permit, the Board must make the three findings provided in the Resolution related to conformity with the General Plan, provision of adequate utilities, road access, and facilities, and that the project as proposed will not constitute a nuisance or be detrimental to the health, safety, peace, morals, comfort of people or property (see Attachment A - Resolution for a full detail of the findings that must be made).
FINANCIAL IMPACT:
Costs associated with Use Permit No. U-20-04 have been paid by the Applicant, and the cost associated with filing an appeal of said permit to the Board has been paid by the Appellants. The costs associated with preparing this agenda item are nominal and absorbed by the Department’s
FY2021/22 Adopted Budget.
DISCUSSION:
General Plan and Zoning Consistency
The proposed project includes a special event facility, including a guest studio, and a vacation house rental. A special event facility is defined in zoning code as a facility that is rented out to third parties for social gatherings or other non-commercial events. Such use was specifically envisioned and is allowed in the General Plan and Suisun Valley Strategic Plan on A-SV-20 zone properties. For example, Table LU-8 of the General Plan specially calls out a special event facility (e.g., weddings) as an allowed use for Agriculture-Suisun Valley zoned lots. As conditioned, the project is consistent with both the General Plan and Zoning Code (refer to Attachment D - Consistency Determinations and Definition for addition details on this determination).
Issues
1. Agricultural Use
The site is fallow and did not have utility improvements including water or power that would facilitate planting over the last three years of the Applicant’s ownership of the property. The Applicant recently received approval for water from the Solano Irrigation District (SID) which will allow for the ability to plant and maintain crops. The water source will not be available until spring 2023 and, once provided, will be available for irrigation roughly six months a year from April through October. The Applicant has also made significant investment to extend power to the site through PG&E. Power is anticipated for irrigation to be available in late 2023 or early 2024.
To accommodate electricity and water coming to the property, Use Permit condition #2 previously allowed the site to be improved with commercial vineyards or orchards within five years of use permit approval. Concern was raised that this made the Special Event Center a primary use and not incidental to the agricultural use of the property. To address this concern, condition #2 has been modified to require a minimum of five acres be planted with grapes, trees, lavender, herbs, or other agriculture prior to issuance of the final building permit or Certificate of Occupancy for the special event facility and guest studio, and that another five acre be planted within five years of approval of the use permit.
The Applicant has submitted a business plan (Attachment E) which outlines the phasing of agricultural use of the site, including vineyards, orchards, lavender, and herb row crops in accordance with this proposed condition. The first phase would include five acres of lavender and herbs being planted beginning in Spring/Summer 2023, with planting being completed prior to operation of the Special Event Center. The second phase would include lavender, herbs, bay/olive trees and vineyards being planted by Fall 2025 for a total of 10 acres of planted agriculture and would constitute a substantial agricultural investment on the property. Since the Special Event Facility (the event building, guest studio and parking) is less than one-acre total, it would be incidental to the amount of land placed into agriculture, even after the initial phase. Completion of the other components of the Project such as the secondary vacation rental would not be subject to this condition, because it is not dependent on the agricultural use.
Staff have also been advised that the applicant is consulting with local vintners regarding the amount and types of grapes that will grow best on the property. The applicant intends to continue this relationship moving forward and utilize these local vintners to produce wine from the grapes harvested from the property.
2. Traffic
Morrison Lane is a paved two-lane County maintained public road in fair condition with a pavement Condition Index (PCI) of 74. The general road characteristics include 19 to 21 foot pavement widths with 4 foot graded shoulders, and includes a chip seal surface last installed in 2017. Public Works evaluated the application for the Use Permit in relation to the adjacent Rosalynd Winery and other wineries in the vicinity. The average daily traffic count on Morrison Lane is 136 vehicle trips per day and a full traffic analysis would not be required until an average 250 trips per day was achieved. Given this, Public Works is not requiring a traffic analysis since the intermittent use of the special event facilities along Morrison Lane would not create enough traffic to raise the average daily traffic count above this threshold. This does not mean that traffic will not stack on “Morrison Lane” from time to time as a result of events, but it is anticipated that such traffic will exit reasonably quickly and smoothly onto Suisun Valley Road as designed and constructed.
Based on public concern, Public Works recommends adding condition #33 requiring the applicant to install reflective delineation safety enhancements along the curves on Morrison Lane through an encroachment Permit from the Department.
3. Fire and Safety
Emergency access is provided by Morrison Lane, a public road fronting the property. Public Works states that a secondary access is not required as the site is within one mile to Suisun Valley Road and the current design and construction of the Morrison Lane allows adequate passing and turn arounds for emergency vehicles. As discussed by the applicant on February 8, 2022, she has an agreement with her neighbor, Caymus Vineyards/Cordelia Winery LLC, to provide emergency exit from the facility using their farm roads if necessary. As this is not required and a matter between private parties, the Use Permit is not conditioned regarding this.
Condition #34 requires the owner to submit an event management plan to the Department for approval prior to operation. The Applicant has submitted a Draft Event Management Plan (Attachment F) that indicates that if there is any ensuing natural disasters such as fire, earthquakes, high category storms or other such potential emergency, the scheduled event will be cancelled, to provide notification to Sheriff and fire district of any events with greater than 50 participants, and limit events to guests and staff to no more than 150 people. Additionally, Condition #34 has also been added to require a designated emergency contact person be provided by all parties renting the special event center and that evacuation routes be provided with all rental agreements and be posted within the facility.
4. Noise
There was discussion regarding the hills surrounding the property potentially creating an “amphitheater” effect. Regardless of environmental and site conditions, Zoning Code restricts outdoor amplified sound from special event facilities exceeding 65dB at the property lines (Solano County Code, section 28.73.30(B)(6)(f)(2)), and this requirement is included in the proposed use permit as condition #21. In addition, condition #22 is added to require the applicant or representative to take noise measurements using an approved, calibrated sound meter device and to keep a record of the readings along with the date, time and location of the readings. Condition #22 also requires such records to be provided to the County upon request. The applicant has been in contact with the Department regarding acceptable sound level meters that allow for calibration. As an alternative to #22, the Board could add a condition to restrict the use of outdoor amplified sound, though this has not been required of other special event facilities approved to date.
Proposed condition #22 places the burden to actively manage compliance on the applicant to ensure that noise standards are met. The applicant has submitted a management plan that indicates that event contracts will include the provision that the noise standards must be maintained to 65 dB at the property line. This management plan states that the applicant or designated representative will be onsite at all times during events and the applicant reserves the right to terminate the event without a refund should the event not comply with the noise standards. The applicant will manage noise during events by first providing a warning, then terminating outside activities if that is not successful, and finally terminating the event without refund if previous actions had no result and the noise continues.
Refer to 5 below for enforcement mechanisms.
5. Enforcement
Condition #75 requires a permit renewal every five years. This provides an opportunity for evaluation of the operation to ensure it remains in compliance with he established conditions. In addition, if complaints regarding the use are received, the County may investigate and if validated, has the authority to stop temporarily stop operations and could follow due process to revoke the use permit.
Two conditions assist in the enforcement and compliance process. Condition #17 has been added to require notification to the Department within 72 hours of any complaint received by the applicant and action taken to resolve the complaint. This would include complaints related to noise, or other issues related to the use of the special event center, guest studio, or vacation house rental. Condition #36 has been added to require signage for the vacation house rental to be posted near the entrance to the property. This sign provides contact information to the owner or their agent, who must be available 24 hours per day to respond within 45 minutes of complaint during all times the vacation house is rented per Solano County Code section 28.75.30 (11).
The County can also independently investigate complaints and take its own actions to abate. If the complaints are validated, then the County could follow due process to revoke the use permit for the special event facility and guest studio. On March 1, 2022, the Board was presented with an ordinance amending Chapter 21 to make it a public nuisance if noise levels exceed 65dBA from 10 pm to 6 am at the property line which provides additional tools to allow for enforcement.
ALTERNATIVES:
The Board of Supervisor can choose to:
1. Modify the decision of the Planning Commission and approve Use Permit Application No. U-20-04 as modified or with additional modifications; or
2. Reverse the decision of the Planning Commission and deny Use Permit Application U-20-04.
PUBLIC NOTICE REQUIREMENT
Consistent with Sections 28.122 and 28.04 of the Solano County Code, the original public hearing notice was published in the Daily Republic at least 15 days prior to the public hearing (Attachment G). The item was continued to a date certain (March 22nd) from the February 8, 2022 Board of Supervisor’s meeting and therefore, a new notice was not required.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed this item and concurs with the findings and recommendation.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION