To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Hearing to Consider Adoption of Ordinance No. 2024-06 (Agritourism) (County File #CDZT22-00003)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
1. OPEN the public hearing on Ordinance No. 2024-06; RECEIVE testimony; and CLOSE the public hearing.
2. ADOPT Ordinance No. 2024-06, authorizing and establishing standards for agritourism uses in agricultural zoning districts.
3. DETERMINE that adoption of Ordinance No. 2024-06 is exempt from CEQA under CEQA Guidelines Sections 15061(b)(3) (common sense exemption).
4. DIRECT staff to file a Notice of Exemption with the County Clerk
FISCAL IMPACT:
The cost of preparing this ordinance has been funded by the Department of Conservation and Development, Land Development Fund.
BACKGROUND:
History of Board Direction on Agritourism
On December 20, 2016, at the recommendation of then Supervisor Piepho, the Board of Supervisors approved the expenditure of up to $150,000 from the Livable Communities Trust (District III Portion) and authorized the Department of Conservation and Development (DCD), in consultation with local agricultural stakeholders, to identify for future Board consideration specific actions the County could take to further promote and incentivize agricultural sustainability and economic vitality. The succeeding District III Supervisor, Supervisor Burgis, met with staff and outreached to the community to generate interest and ideas for the upcoming public process. On February 13, 2018, Supervisor Burgis recommended, and the Board approved, authorizing DCD to convene a series of open, public meetings with persons and groups interested in the policy reform topic.
Public engagement process on agritourism
DCD convened a series of public meetings with people and parties interested in agricultural sustainability and economic vitality in Contra Costa County to review existing land use regulations and collect input on potential modifications to these policies.
The policy review process was held over a 12-month period starting in 2018. These large meetings, which ranged from 20-70 participants per meeting, were held in Martinez, Danville, and Knightsen. Participants that attended the meetings came from diverse backgrounds, including individuals from the farming and ranching community, rural residents, proponents of various agricultural commercial ventures, and conservation organizations. The meetings also included significant support and participation from the County's Departments of Agriculture, Health Services (Environmental Health Division), and Public Works, and agencies such as the University of California Cooperative Extension (UCCE) and Contra Costa Resource Conservation District (RCD). Participants provided insights on what makes the County unique, developed a shared vision for the future of agriculture in Contra Costa County, identified obstacles to a healthier agricultural economy, and discussed opportunities and constraints of agritourism. Staff researched policies and programs in other counties and developed numerous tables and maps with relevant background information. The meetings also included guest speakers from Yolo County and Sonoma County sharing their experiences promoting agriculture in their regions and their work as an agricultural ombudsperson.
The discussion among the participants and the County led to a number of specific proposals to improve agricultural land use policy. These proposals were assembled into a preliminary list of recommendations, including thoughts on key conditions and staff notes on key relevant Building, Health, and Public Works provisions. Iterative drafts of the list of recommendations were discussed in meetings and commented on in numerous comment periods over the course of approximately one year.
Report with Recommendations on Agritourism
The result of the extensive stakeholder collaboration was the Report on Recommendations on Reforming Agricultural Land Use Policies in Contra Costa County To Improve Both Economic Vitality and Sustainability (“Report”). The Report included 18 recommendations to promote and preserve agriculture in Contra Costa County.
The Report recommends authorizing various new types of lodging accommodations in agricultural areas, including short-term rentals for 90 days or less, farm stays for up to 90 days, bed-and-breakfast, and camping/yurts. The Report also recommends authorizing food service uses in agricultural areas, including farm dinners and farm-to-table restaurants. The Report also recommends updating the County’s winery policies and authorizing certain new uses to host large events. The Report includes recommendations and discussion of the restrictions and development standards to be included in the regulations if the new uses were to be authorized by this Board. The Report discussed the possible permits that may be required, in addition to other permits required by other agencies.
Recommendations in the Report to promote agriculture in Contra Costa County include equestrian and bike trails to connect farms, allowing equestrian facilities within additional agricultural districts, addressing illegal dumping and impacts of commercial parties, exploring additional funding for signage to promote agriculture in the County, updating the County’s Sign Ordinance, and working with other agencies to promote agricultural vitality in the County.
Board Action on Agritourism Report
The Report was presented to the Board of Supervisors on February 4, 2020. The Board accepted the Report and directed staff to take the actions necessary to further evaluate and implement the recommendations in it. Since then, the County has taken various actions related to the recommendations in the Report, including funding a comprehensive Illegal Dumping Initiative, deterring disruptive parties in agricultural areas with tighter regulation of events and higher fines for violating these regulations and updating the Sign Ordinance. In addition, DCD has also undertaken an extensive effort to establish a regulatory framework in this proposed zoning text amendment for permitting, establishing, and operating agritourism uses, as discussed in the Report.
County Planning Commission Hearings
The proposed zoning text amendment was considered by the County Planning Commission at three public hearings. The first hearing was held on February 22, 2023. The public submitted comments both by letter prior to the Commission hearing and at the Commission hearing. After considering the comments submitted, the Commission voted to continue the public hearing to a future date as determined by County staff to allow staff to address the comments received and provide any appropriate revisions to the draft zoning text amendment. The comments were related to illuminated signs, retail water supplier requirement, allow agricamping in travel trailers, seasonality of produce may preclude some agricultural operations from meeting the 50% requirement for farm-to-table restaurants, allow mobile food vendors on a private parcel where an agritourism use is authorized, increasing the maximum number of events, requirement for 80% of property to be engaged in agricultural activities and kept free of structures for hillside properties, and noise from large events.
In response to public comments and comments from the Commission, staff prepared a revised draft ordinance, which was presented and heard at the June 7, 2023, County Planning Commission. The public submitted comments both by letter prior to the Commission hearing and at the Commission hearing. The comments were primarily related to concerns about only allowing large events for the following agritourism uses wineries/olive oil mills, bed and breakfast, and farm-to-table. A public comment regarding the lot size minimum specifically for wineries was also a concern by a member of the public. Another public comment raised was regarding the unpermitted parties and the noise generated from these events. After considering all comments received, the Commission voted unanimously to recommend that the Board of Supervisors adopt an ordinance authorizing agritourism uses. That version of the ordinance also included provisions regulating events located in an agricultural zoning district.
After the County Planning Commission’s decision to recommend adoption of the Agritourism Ordinance, staff met separately with parties who commented during the hearing to better understand their concerns. The concerns raised were similar to the ones raised at the June 7, 2023 Commission hearing. Following these meetings staff determined to recommend further refinements to the Planning Commission before proceeding to the Board of Supervisors.
On January 24, 2024, staff presented a revised Agritourism Ordinance together with proposed amendments to the Temporary Events Ordinance to the County Planning Commission. The primary changes to the Agritourism Ordinance were to remove event provisions from the agritourism-related ordinance and place them in the Temporary Event ordinance for clarity and to address concerns that events in agricultural areas would only be available to certain agritourism uses, refine size limitations for wineries to remove a prohibition on wineries being located on parcels smaller than five acres, and to clarify that a farm dinner is not an event subject to the requirements of the Temporary Events Ordinance.
The County Planning Commission received public comments concerning the proposed limit on the number of days to allow for food trucks at a grower stand, farm stand, or farm market. This concern was previously heard at the February 22, 2023 Commission hearing and addressed in the revised Agritourism Ordinance presented to the Commission on June 7, 2023. The revised ordinance presented to the Commission on June 7, 2023 and on January 24, 2024 allowed for food trucks or other mobile food vendors on a grower stand, farm stand, or farm market for a total of three calendar days a year. The public commented that the number of days food trucks allowed was too little and that the operational seasons extended beyond the u-pick period.
After considering and discussing the Agritourism Ordinance, the Commission approved a motion (5-1) to recommend that the Board of Supervisors adopt the Agritourism Ordinance with the proposed the change to allow food trucks at a grower stand, farm stand, or farm market as an accessory use during operations with a maximum of three food trucks at a time at one location. Staff has incorporated that recommended change into Ordinance No. 2024-06.
Key Provisions of Proposed Ordinance No. 2024-06 (Agritourism)
Agritourism uses are uses that are accessory to a primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or clients; and generate income for the owner or operator of a working farm, ranch, or other agricultural operation.
The proposed Ordinance No. 2024-06 would add Division 824 to the County Ordinance Code to authorize farm stay, farm dinner, agricamping, bed and breakfast, farm-to table-restaurant, olive oil mill, and winery as agritourism uses that are permitted in agricultural zoning districts. The proposed ordinance would also incorporate the County’s current regulations regarding grower stands, farm stands, farm markets into Division 824, as additional agritourism uses. The proposed ordinance would also authorize the establishment of stables in A-40 and A-80 zoning districts, consistent with the uses allowed in other agricultural zoning districts.
Below is a summary of proposed Division 824, regulating agritourism uses.
Required Permit
The following agritourism uses would be allowed upon the issuance of a ministerial permit:
• farm stand
• farm stay
• farm dinner
• small winery without a tasting/on-site sales area
• small olive oil mill without a tasting/on-site sales area.
If three or more of the above-listed uses were to be established on the same lot, a land use permit would be required.
The following agritourism uses would be allowed upon the issuance of a land use permit:
• agricamping
• bed and breakfast
• farm market
• farm-to-table restaurant
• large olive oil mill
• large winery
• small olive oil mill with a tasting/on-site sales area
• small winery with a tasting/on-site sales area.
A grower stand that met all the applicable standards in the proposed ordinance would be allowed without a separate permit.
Standards
In establishing these uses, the zoning text amendment requires a minimum lot size, specifies floor area requirements and number of guests allowed, sets standards related to frequency of events, noise, exterior lighting, percentage of parcel to engage in agricultural activities that should be kept free of structures, and requires certain new uses provide a program of agricultural promotion and guest education regarding activities on site and in the area. The zoning text amendment also requires certain uses to be on a lot served by a retail water supplier and a distance requirement from one establishment to another.
Attached to this staff report is a table of the agritourism uses and a summary of the requirements (Attachment B).
Consistency with the General Plan
The proposed Ordinance No. 2024-06 to allow agritourism uses is consistent with the following Goals and Policies of the General Plan.
§ 3-M. Protect and promote the economic viability of agricultural land.
§ 3-s. Establish standards and policies designed to protect the economic viability of agricultural land which may include, but not necessarily be limited to, preservation agreements, conservation easements, clustering, and establishment of agricultural mitigation fees.
§ 8-2. Areas that are highly suited to prime agricultural production shall be protected and preserved for agriculture and standards for protecting the viability of agricultural land shall be established.
§ 8-G. To encourage and enhance agriculture, and to maintain and promote a healthy and competitive agricultural economy.
§ 8-H. To conserve prime productive agricultural land outside the Urban Limit Line exclusively for agriculture.
§ 8-I. To minimize conflicts between agricultural and urban uses.
§ 8-29. Large contiguous areas of the County should be encouraged to remain in agricultural production, as long as economically viable.
§ 8-39. A full range of agriculturally-related uses shall be allowed and encouraged in agricultural areas.
§ 8-41. The promotion and marketing of locally grown agricultural products and “value-added” agricultural products, which means an agricultural product that has been changed from its natural state into an item for ultimate sale to the consumer, so as to increase the value of the agricultural product, shall be encouraged.
§ 8-44. Agricultural processing and service businesses, including facilities for the production and direct marketing of “value-added” agricultural products, in agriculturally designated areas may be permitted.
§ 8-ah. Require adequate setbacks for any non-agricultural structures located within or adjacent to cultivated agriculture.
The zoning text amendment would establish zoning regulations to allow for a variety of agritourism uses in agricultural zoning districts. Standards and requirements for these uses specified in the zoning text amendment allow working farm, ranch or other agricultural operations to generate income and still preserve agricultural lands in the County.
California Environmental Quality Act Determination
Adoption of Ordinance No. 2024-06 is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
CEQA Guidelines section 15061(b)(3) is the “common sense exemption.” A project is exempt from further environmental review where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environments. Ordinance No. 2024-06 would authorize the establishment of agritourism uses in agricultural zoning districts after the issuance of a ministerial permit or a land use permit. No specific project is approved with this Zoning Text Amendment. The proposed new uses that could foreseeably have an environmental impact would each require separate discretionary permits and be subject to individual environmental review pursuant to CEQA. Some uses could be approved with a ministerial permit and that action would be statutorily exempt from CEQA. However, such proposed uses are minor extensions of existing allowed uses, are subordinate to the primary agricultural use and are subject to specific standard requirements related to lot area, number of bedrooms and guests, number of events, noise, and light. Thus, it can be seen with certainty that there is no possibility that the proposed actions could have a significant effect on the environment.
Conclusion
The proposed Ordinance No. 2024-06 would authorize agritourism uses in agricultural zoning districts in the County and would establish standards for these uses that would preserve agricultural land consistent with the County General Plan. Therefore, consistent with the County Planning Commission’s recommendation, staff recommends the Board of Supervisors approve the zoning text amendment.
CONSEQUENCE OF NEGATIVE ACTION:
If the Board does not approve the proposed ordinance, then the zoning code will not be amended to allow various agritourism uses on agricultural zoned properties.