3.4. AGRICULTURAL USE STANDARDS

3.4.1.A.

In the AR-1 zone, general agricultural uses are permitted only on lots of 150 feet or greater in width.

3.4.1.B.

[DELETED 03-09-2016]

[AMENDED 02-24-2017]

3.4.2.A.

Commercial beekeeping in all Agricultural and Agricultural-Residential zoning districts (except AR1zoned properties less than 150 feet in width) is a permitted primary use. Hive owners must maintain current registration with the Sacramento County Agricultural Commissioner in compliance with state statutes, including required hive movement notices. Any commercial colony that is not properly registered shall be removed from the property and may not be returned to the property for at least six weeks from the date of registering the colony at another site.

3.4.2.B.

Non-commercial beekeeping use, where the keeping of honey bees is incidental to a permitted residential or non-residential use and beekeeping products do not constitute a significant source of income to a beekeeper, is permitted in the AR-1, Residential, Recreation, Mixed Use, Commercial and Industrial zoning districts provided compliance with the following minimum standards:

1. Registration and Location

• a. Hive owners must maintain a current registration status with the Agricultural Commissioner in compliance with applicable state statutes, including required hive movement notices. Any colony that is not properly registered shall be removed from the property and may not be returned to the property for at least six weeks from the date of registering the colony at another site.

  • i. When hives are located on a parcel where the beekeeper is not the resident or occupant, contact information for the beekeeper shall be legible and visible. A beekeeper must have documentation of specific approval to locate beehives on property owned, rented or leased by others.

• b. Non- commercial beekeeping is allowed unless it has been determined that beehives will pose a hazard to public health. Nuisance bee behavior may require remedial action upon notice by the County. Procedures for determining where beekeeping is not allowed and for noticing of required remedial actions are detailed in Section 3.4.2.B.3.

  • i. Procedures may require the removal of all hives from a property, through no direct fault of the beekeeper, but because a health or safety situation has been shown to exist. Once property has been declared unsafe for beekeeping, it shall not be legal to maintain bees on that property until such status is removed in writing. Failure to comply with specified remedial action will constitute a violation of this Code.

• c. The number, location, and arrangement of hives on a property must be in conformance with Section 3.4.2.B.2.

2. Performance Standards

• a. The minimum lot size required for the keeping of bees is 5,000 square feet.

• b. There shall be no more than two bee hives established on parcels less than 10,000 square feet, except two additional temporary hives are allowed for hive management purposes to minimize the likelihood of swarming. Such temporary hives shall be removed from the property within 60 days.

• c. There shall be no more than four bee hives established on parcels from 10,000 to 20,000 square feet, except four additional temporary hives are allowed for hive management purposes to minimize the likelihood of swarming. Such temporary hives shall be removed from the property within 60 days.

• d. There shall be no more than six bee hives established on parcels greater than 20,000 square feet, except six additional temporary hives are allowed for hive management purposes to minimize the likelihood of swarming. Such temporary hives shall be removed from the property within 60 days.

• e. Ground level hives shall be placed on the parcel such that they are enclosed by fencing or similar barrier that prevents unauthorized access.

• f. A solid fence, dense hedge, or similar barrier must be established in front of the entrance of all ground level hives so that bee departures and arrivals occur no less than six feet in height at interior property lines.

• g. The minimum width of the barrier for the purpose of influencing the flyway shall extend two feet from each side of the hive openings.

• h. Roof level hives are allowed provided physical security is maintained.

• i. A permanent fresh water source shall be provided on the same parcel prior to the establishment of bee hives and maintained within 15 feet of the hives.

3. Enforcement

As provided for by Section 6.6 of the Code, any violation of this section may result in the withdrawal of beekeeping privileges from any property by written notification to the property owner by the Planning Director. Withdrawal must be done with cause, however, the causes need not be the fault of the beekeeper, nor be a factor that is under the control of the beekeeper.

Any condition or combination of circumstances that, in the opinion of the Director, creates problems contrary to public health, safety, or general welfare or constitutes a public nuisance will be considered valid cause to withdraw privileges to keep bee colonies on the property. The Planning Director shall remove privileges if:

• a. Written documentation over a medical doctor's signature certifies that a medical condition caused by beestings to a resident of abutting property would constitute a higher than normal death-threatening or hospitalization event.

• b. Abnormally aggressive behavior is exhibited by bees beyond the property lines.

• c. After consultation with the Agricultural Commissioner and/or the Agricultural Advisory Committee, it is found that beekeeping practices are inconsistent with beekeeping best management practices.

• d. Beekeeping activities do not comply with the performance standards of Section 3.4.2.B.2.

Once any property owner has been noticed of a withdrawal of privilege to keep bee colonies on a particular property, such privilege may be reestablished only upon written request and approval of the Planning Director. A Director’s Determination may be appealed to the Board of Supervisors. Where privilege is withdrawn, all beehives shall be abated as provided for in Section 6.6.9 of the Code.

In the AR-2 zone, a maximum of three adult hogs are permitted.

Permitted subject to a Conditional Use Permit approved by the Zoning Administrator and a valid Kill Floor License from the State Department of Food and Agriculture. The operation may be conditioned to limit hours of operation, limit the frequency of customers, and any other conditions deemed appropriate under the specific circumstances.

[AMENDED 12-01-2017]

Riding stables, boarding stables, riding academies, and other stables and corrals, whether private or commercial, shall comply with the following minimum standards as applicable.

3.4.6.A.

Any corral, riding ring, or exercise yard used for keeping horses shall be enclosed by a fence or other enclosure; and no part of any such corral, riding ring, or exercise yard shall be located closer than 20 feet to any door, window, or other opening of any building or structure on the same or any other parcel used or designed to be used for human habitation.

3.4.6.B.

All fences that enclose livestock shall be constructed of an adequate height and shall be designed so as to control and contain such livestock at all times and so as to prevent such livestock from crossing any property lines or damaging adjacent property.

3.4.6.C.

An operator of a commercial or private stable or corral shall not allow dust, odor, or flies to cause nuisance or annoyance to any considerable number of persons in the neighborhood or the public and at a minimum shall comply with the following:

1. All areas shall be maintained so as to be sufficiently dust-free so that no visible quantity of dust is observable at the property lines of the parcel. This shall be done by maintaining sufficient natural vegetation, by watering down corral area as often as necessary to prevent dust problems, or by utilizing other more effective dust prevention methods.

2. The operator of a stable shall take every reasonable precaution to prevent the breeding of flies or the emission of dust or odors into the neighborhood. Reasonable precautions shall include:

   • a. Routine manure and bedding clean out of stalls and routine cleanup of manure deposited on the property.

   • b. Disposal of animal wastes, such as:

     • i. Properly drying or composting away from neighboring properties.

     • ii. Burying to a minimum depth of two feet.

     • iii. Removal to approved disposal site.

   • c. All areas shall be maintained in a sanitary condition and in compliance with the following standards:

• i. Water usage and drainage shall not mix with manure accumulations and shall not be disposed of contrary to local and state requirements.

• ii. Animal feed shall be stored and utilized in a manner that will not encourage rodent populations.

3.4.6.D. Minimum Lot Area

1. For any commercial or public stable or corral the minimum lot area shall be three acres.

2. For any private stable or corral, the minimum lot area shall be 20,000 square feet.

3.4.6.E. Private Stable Development Standards

See Section 5.3.2.C. for standards in Agricultural and Agricultural-Residential zones (Table 5.6) and Section 5.4.5.B. for standards in Residential zones (Table 5.10- Agricultural Accessory Structures).

3.4.6.F. Commercial or Public Stable Development Standards

1. In Residential zones:

   • a. Building areas shall not exceed 1,000 square feet.

   • b. Building height shall not exceed 30 feet and two stories.

   • c. Front yard setbacks shall be 30 feet without a PUPFE and 35 feet with a PUPFE.

• d. Side and rear yard setbacks shall be 30 feet.

2. In Agricultural-Residential zoning districts, the standards of Section 5.3.2.C. (Table 5.6) shall apply.

3. In Agricultural and Recreation zoning districts, where allowed, the standards of Section 5.3.2.B. (Table 5.5) shall apply.

Agricultural Stands, Agricultural Markets

[AMENDED 02-24-2017]

3.4.7.A. Application

The standards for roadside crop sales that follow shall apply to Field Retail Stands, Farm Stands, Produce Stands, Urban Agricultural Stands, and Agricultural Markets, as defined in Section 7.3.

3.4.7.B. Purpose

Provide for sales locations (field retail stands, farm stands, produce stands, urban agricultural stands, and agricultural markets) where food products are grown and to set forth the permitting requirements and development standards to be applied to field retail stands, farm stands, produce stands, urban agricultural stands, and agricultural markets for the sale of crops.

3.4.7.C. Allowed Use

1. Roadside crop sales at field retail stands, farm stands, produce stands, and agricultural markets are permitted by right in the AG, UR, IR, AR-10, AR-5, AR-2, RR, and O zones, subject to compliance with the standards that follow.

2. Roadside crop sales at field retail stands may be allowed by Conditional Use Permit approved by the Zoning Administrator in the AR-1, RD-1, and RD-2 zones, subject to compliance with the standards that follow.

3. Roadside crop sales at farm stands may be allowed by Conditional Use Permit approved by the Zoning Administrator in the AR-1, RD-1, RD-2, and RD-3 zones, subject to compliance with the standards that follow.

4. Roadside crop sales at urban agricultural stands are permitted at private, market and community gardens subject to compliance with the standards of Section 3.4.7.G.

5. The sale of locally grown agricultural products in addition to those identified in the following standards for Field Retail Stands, Farm Stands, Produce Stands, and Agricultural Markets may be permitted subject to issuance of a Conditional Use Permit approved by the Zoning Administrator. The sale of products at Urban Agricultural Stands is limited to those items grown or produced on site.

3.4.7.D. Standards for Field Retail Stands

Field retail stands allowed under Section 3.4.7.C shall comply with the following standards:

1. Field Retail Stands shall be operated by the producer and on premises controlled by the producer.

2. Products sold shall be limited to shell eggs and crops that are grown by the producer; and agricultural and food preparation related items. Local crops not grown by the producer may be sold at events subject to a community event permit from the Environmental Management Department.

3. Agricultural and food preparation related items shall be limited to 25 percent of the total storage and sales area of the Field Retail Stand.

4. No activities related to the sale of products from Field Retail Stands shall take place on public property right-of-way.

5. There shall be no more than one Field Retail Stand per parcel.

6. Field Retail Stands shall meet the setback standards of the zoning district in which they are located.

7. No building shall have more than 1,500 square feet of indoor sales area and shall have a total enclosed area of no more than 3,000 square feet.

8. The use, including location of merchandise and parking areas, shall comply with the visibility requirements of the Sacramento County Improvement Standards.

9. Signs shall be allowed provided that:

   • a. There is no more than one sign at each entrance.

   • b. The sign is not over 50 square feet in area.

   • c. The sign is not more than six feet above road grade.

   • d. The sign is setback at least 10 feet from the street right-of-way unless a lesser setback is approved by the Division of Planning and Environmental Review. For rights-of-way with public utility, public facility easements, the sign is setback at least 14 feet from the street right-of-way unless a lesser setback is approved by the Division of Planning and Environmental Review.

   • e. Illumination of the sign, if any, is indirect.

   • f. The sign is stationary.

3.4.7.E. Standards for Farm Stands

Farm stands allowed under Section 3.4.7.C shall comply with the following standards:

1. Farm Stands shall be operated by the producer and on premises controlled by the producer.

2. Products sold shall be limited to shell eggs and crops that are grown by the producer; and agricultural and food preparation related items. Local crops not grown by the producer may be sold at events subject to a community event permit from the Environmental Management Department.

3. Non-potentially hazardous prepackaged food products, including bottled water and soft drinks, from an approved source that have not been grown or produced in close proximity to the Farm Stand shall be limited to a five square foot storage and sales area.

4. Agricultural and food preparation related items shall be limited to 25 percent of the total storage and sales area of the Farm Stand.

5. No activities related to the sale of products from Farm Stands shall take place on public property right-of-way.

6. There shall be no more than one farm stand per parcel.

7. Farm Stands shall meet the setback standards of the zoning district in which they are located.

8. No building shall have more than 1,500 square feet of indoor sales area and shall have a total enclosed area of no more than 3,000 square feet.

9. No part of this use, including merchandise or parking area, shall be located within the triangular clear visibility area defined in this Code.

10. Signs shall be allowed provided that:

• a. There is no more than one sign at each entrance.

• b. The sign is not over 50 square feet in area.

• c. The sign is not more than six feet above road grade.

• d. The sign is setback at least 10 feet from the street right-of-way unless a lesser setback is approved by the Division of Planning and Environmental Review. For rights-of-way with public utility, public facility easements, the sign is setback at least 14 feet from the street right-of-way unless a lesser setback is approved by the Division of Planning and Environmental Review.

• e. Illumination of the sign, if any, is indirect.

• f. The sign is stationary.

3.4.7.F. Standards for Produce Stands

Produce stands allowed under Section 3.4.7.C shall comply with the following standards:

1. Produce stands shall be operated by the property owner or lessee of the agricultural property.

2. Products sold shall be limited to shell eggs and crops that are locally grown; and agricultural and food preparation related items.

3. Agricultural and food preparation related items shall be limited to 25 percent of the total storage and sales area of the Produce Stand.

4. Produce Stands shall be located within fully enclosed structures with potable hot and cold running water, and shall have septic systems or be hooked up to the sewer system.

5. No activities related to the sale of products from Produce Stands shall take place on public property right-of-way.

6. There shall be no more than one Produce Stand per parcel.

7. Produce Stands shall meet the setback standards of the zoning district in which they are located.

8. No building shall have more than 1,500 square feet of indoor sales area and shall have a total enclosed area of no more than 3,000 square feet, including storage area.

9. No part of this use, including merchandise or parking area, shall be located within the triangular clear visibility area defined in this Code.

10. Signs shall be allowed provided that:

• a. There is no more than one sign at each entrance.

• b. The sign is not over 50 square feet in area.

• c. The sign is not more than six feet above road grade.

• d. The sign is setback at least 10 feet from the street right-of-way unless a lesser setback is approved by the Division of Planning and Environmental Review. For rights-of-way with public utility, public facility easements, the sign is setback at least 14 feet from the street right-of-way unless a lesser setback is approved by the Division of Planning and Environmental Review.

• e. Illumination of the sign, if any, is indirect.

• f. The sign is stationary.

3.4.7.G. Standards for Urban Agricultural Stands

Urban agricultural stands allowed under Section 3.4.7.C. shall comply with the following standards:

1. Urban agricultural stands shall be operated by the property owner or lessee on which a private, market or community is established.

2. Products sold at urban agricultural stands shall be limited to produce, eggs, and honey grown on site or cottage foods when processed and sold consistent with a cottage food permit and any other applicable permits and/or requirements.

3. Cottage foods sold shall be limited to the approved cottage foods list maintained by the California Department of Public Health.

4. Cannabis or products containing cannabis shall not be sold. [AMENDED 07-16-2020]

5. Products sold are subject to all quarantine laws and regulations in place at the time of sale.

6. The sale of produce must meet the requirements for labeling, record keeping, signage and best management practices as listed in the CA HSC §114376.

7. There shall be no more than one urban agricultural stand per parcel.

8. No activities related to the sale of products from urban agricultural stands shall take place within the public right-of-way, or block pedestrian or vehicle mobility on the parcel.

9. One sign shall be allowed provided that:

• a. The sign shall be a portable sign, and may be an A frame.

  • b. The sign, including supports, shall fit into an area of not more than four feet in height, three feet in width, and three feet in depth.

  • c. The sign is not located within the public right-of-way and does not block pedestrian or vehicle mobility.

  • d. The sign is removed and stored out of public view during non-operation hours.

10. An urban agricultural stand may operate only between sunrise and sunset.

11. Urban agricultural stands shall consist of removable “pop up” canopy tents or similar temporary, removable shade structure no more than 12 feet in height and removable tables.

12. Urban agricultural stands shall be dismantled, removed or stored out of public view during nonoperation hours.

13. Urban agricultural stands with 120 square feet of tented space or less are allowed with a Temporary Use Permit subject to these standards and the temporary use standards specific to urban agricultural stands of Section 3.10.3.I.

14. Urban Agricultural Stands with greater than 120 square feet of tented space shall be subject to a Conditional Use Permit approved by the Zoning Administrator. Failure to comply with the standards of this section or any conditions of the Conditional Use Permit may result in the revocation of the Use Permit pursuant to Section 6.4.1.G.

3.4.7.H. Standards for Agricultural Markets

Agricultural Markets allowed under Section 3.4.7.C. shall comply with the following standards:

1. Agricultural Markets shall be operated by the property owner or lessee of the agricultural property.

2. Products sold shall be limited to shell eggs and crops that are locally grown; non- potentially hazardous prepackaged food products from an approved source that were grown or produced in close proximity to the agricultural market; non-potentially hazardous prepackaged food products from an approved source, including bottled water and soft drinks, that have not been grown or produced in close proximity to the agricultural market; and agricultural and food preparation related items.

3. Non-potentially hazardous prepackaged food products that have not been grown or produced in close proximity to the agricultural market shall be limited to 25 percent of the total storage and sales area of the Agricultural Market.

4. Agricultural and food preparation related items shall be limited to 25 percent of the total storage and sales area of the Agricultural Market.

5. Agricultural Markets shall be located within fully enclosed structures with potable hot and cold running water, and shall have septic systems or be hooked up to the sewer system.

6. No activities related to the sale of products from Agricultural Markets shall take place on public property right-of-way.

7. There shall be no more than one Agricultural Market per parcel.

8. Agricultural Markets shall meet the setback standards of the zoning district in which they are located.

9. No building shall have more than 1,500 square feet of indoor sales area and shall have a total enclosed area of no more than 3,000 square feet, including storage area.

10. No part of this use, including merchandise or parking area, shall be located within the triangular clear visibility area defined in this Code.

11. Signs shall be allowed provided that:

• a. There is no more than one sign at each entrance.

• b. The sign is not over 50 square feet in area.

• c. The sign is not more than six feet above road grade.

• d. The sign is setback at least 10 feet from the street right-of-way unless a lesser setback is approved by the Division of Planning and Environmental Review. For rights-of-way with public utility, public facility easements, the sign setback is at least 14 feet from the street right-of-way, unless a lesser setback is approved.

• e. Illumination of the sign, if any, is indirect.

• f. The sign is stationary.

3.4.7.I. Events at Field Retail Stands, Farm Stands, Produce Stands, and Agricultural Markets

Events shall be allowed at Field Retail Stands, Farm Stands, Produce Stands, and Agricultural Markets pursuant to Table 3.4. Larger events may be allowed pursuant to issuance of a Conditional Use Permit approved by the Zoning Administrator.

TABLE 3.4

Total Parcel Size (Acres) Maximum Number of Attendees (Peak) [1][2][3]

[1] Permitted as an accessory use; the primary use of the parcel must be agricultural.

[2] Outdoor activities are limited to Sunday through Thursday 8:00 a.m. to 7:00 p.m.; and Friday, Saturday, and holidays 8:00 a.m. to 11:00 p.m. Indoor activities are permitted without restrictions as to day and time.

[3] All events are subject to the Sacramento County Noise Ordinance.

3.4.7.J. Parking Requirements for Field Retail Stands, Farm Stands, Produce Stands, Urban Agricultural Stands, and Agricultural Markets

1. Field Retail Stands, Farm Stands, Produce Stands, Urban Agricultural Stands, and Agricultural Markets shall not be subject to the development standards for off-street parking outlined in this Code.

2. An off-street parking ratio of one space per 400 square feet of gross floor area dedicated to sales shall be required for Field Retail Stands, Farm Stands, Produce Stands, and Agricultural Market.

3. All access roads must meet the standards of the Fire Marshall. All parking areas for Field Retail Stands, Farm Stands, Produce Stands, and Agricultural Markets must have an active dust control program.

4. Parking lot lighting as defined in the Code will be required if the Field Retail Stand, Farm Stand, Produce Stand, or Agricultural Market is open to the public after sunset.

5. Parking for two cars for Urban Agricultural Stands shall be provided either on-street or in an offstreet parking facility accessed by an approved driveway.

3.4.7.K. Advisory for Other Permitting Requirements

1. All waste, both solid and liquid, shall be managed in accordance with local, state, and federal rules, regulations, and ordinances pertaining to such waste.

2. Environmental Management Department approval/permit for a water system is required for Field Retail Stands, Farm Stands, Produce Stands, and Agricultural Markets unless documentation that the regulations are not applicable is provided.

3. Environmental Management Department approval is required for Farm Stands, Produce Stands, Community Stands and Agricultural Markets (Environmental Management Department regulations for Agricultural Markets are similar to those for convenience stores).

4. Environmental Management Department approval/permit is required for events at Field Retail Stands, Farm Stands, Produce Stands and Agricultural Markets. Community event permits from Environmental Management Department that allow the sale of locally grown crops not grown on premises controlled by the producer at Field Retail Stands and Farm Stands must adhere to the definition of community event in the CA HSC §113755.

5. The sale of cottage foods are allowed at Urban Agricultural Stands when processed and sold consistent with a cottage food permit and any other applicable permits and/or requirements.

6. Should any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains be encountered during any development activities, associated with Field Retail Stands, Farm Stands, Produce Stands, and Agricultural Markets, work shall be suspended and the Division of Planning and Environmental Review shall be immediately notified.

At that time, the Division of Planning and Environmental Review will coordinate any necessary investigation of the find with appropriate specialists as needed. The project proponent shall be required to implement any mitigation deemed necessary for the protection of the cultural resources. In addition, pursuant to CA PRC §5097 and CA HSC §7050.5, in the event of the discovery of human remains, all work is to stop and the County Coroner shall be immediately notified. If the remains are determined to be Native American, guidelines of the Native American Heritage Commission shall be adhered to in the treatment and disposition of the remains.

7. In order to mitigate impacts to potentially historic buildings associated with Field Retail Stands, Farm Stands, Produce Stands, and Agricultural Markets (buildings 100 years old and older), perform one of the following:

   • a. Structures that have not been subject to a previous architectural evaluation and are at least 100 years or older and are subject to renovation shall have a historical architectural study performed by a qualified, professional architectural historian. A significance determination shall be prepared for review by the staff of the Division of Planning and Environmental Review. If the structure is deemed a significant historic resource, the applicant shall comply with Section 3.4.7.J.7.; or,

t 100 years or older and are subject to renovation shall have a historical architectural study performed by a qualified, professional architectural historian. A significance determination shall be prepared for review by the staff of the Division of Planning and Environmental Review. If the structure is deemed a significant historic resource, the applicant shall comply with Section 3.4.7.J.7.; or,

• b. Property owners proposing to renovate an existing structure shall submit photographs of the structure to the Division of Planning and Environmental Review. Planning and Environmental Review staff shall determine whether a historical evaluation is warranted. If Planning and Environmental Review staff determines that a historical evaluation is warranted, the applicant shall have a historical architectural study performed by a qualified, professional architectural historian for review by Planning and Environmental Review staff. If the structure is deemed a significant historic resource, the applicant shall comply with Section 3.4.7.J.7.; or,

• c. Comply with Section 3.4.7.J.7. and forgo the need to submit photographs or a historical architectural evaluation.

8. Structures deemed to be significant historical architectural resources shall be preserved in situ with all proposed modifications carried out to the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.

9. Summary of Field Retail Stands, Farm Stands, Produce Stands, Urban Agricultural Stands, and Agricultural Markets.

3.4.8.A. Application

The provisions of this Section shall apply to small wineries and breweries, specialty and craft as defined by Section 7.3.

3.4.8.B. Purpose

The purpose of this Section is to provide for the orderly development of wineries and specialty and craft breweries and associated activities within Agricultural, Commercial, Mixed Use, and Industrial zoning districts to promote economic development opportunities for the agricultural industry and to preserve agricultural lands within Sacramento County.

3.4.8.C. Allowed Uses

1. Growing and harvesting grapes and other fruit products suitable for wine and beer, and processing and bottling of grapes, fruit, and other fruit products produced on the premises.

2. Processing and bottling of grapes, fruit, and other fruit products produced off the winery or specialty and craft brewery premises.

3. Sale of wine or beer for consumption off premises whether grown or produced on or off premises.

4. Tasting involving serving wine or beer to the public for the purpose of sampling the product produced or offered for sale, subject to the following restrictions:

   • a. Wine or beer tasting shall be limited to five days per week unless a Minor Use Permit is approved by the Planning Director.

   • b. Use of outdoor amplified sound shall be regulated per the Sacramento County noise ordinance.

   • c. Sanitary facilities and potable water shall be provided pursuant to applicable codes.

5. In the AG or AR zoning districts, events shall be allowed pursuant to Table 3.6. Larger events may be allowed pursuant to the issuance of a Conditional Use Permit approved by the Zoning Administrator:

TABLE 3.6

[1] Permitted as an accessory use; the primary use of the parcel must be agricultural (if located in the AR or AG zoning districts).

[2] Outdoor activities are limited to Sunday through Thursday 8:00 a.m. to 7:00 p.m.; and Friday, Saturday, and holidays 8:00 a.m. to 11:00 p.m. Indoor activities are permitted without restrictions as to day and time.

[3] All events are subject to the Sacramento County Noise Ordinance.

6. In the Commercial, Mixed Use, and M-1 and M-2 zoning districts, there are no restrictions on the size and frequency of events provided that:

   • a. Outdoor activities are limited to Sunday through Thursday 8:00 a.m. to 7:00 p.m.; and Friday, Saturday, and holidays 8:00 a.m. to 11:00 p.m. Indoor activities are permitted without restrictions as to day and time.

   • b. All events are subject to the Sacramento County Noise Ordinance.

7. Processing and distillation, bottling and sale of other wine products such as brandy may occur in conjunction with the winery or specialty and craft brewery, provided that the use is incidental to the processing, bottling and sale of wine, and subject to the issuance of a Conditional Use Permit approved by the Zoning Administrator.

3.4.8.D. Standards

1. The parcel shall be licensed by the State of California Department of Alcohol Beverage Control, license Type 02, “Winegrower” or license Type 23 “Small beer manufacturer”.

2. If the winery or specialty and craft brewery is located in an AG or AR zoning district, the premises shall have a minimum size of three acres.

3. If the winery or specialty and craft brewery is accessed only via a private road shared by others, a Conditional Use Permit approved by the Zoning Administrator shall be required, and the permit shall require the applicant to pay its fair share of the road maintenance costs. The Planning Director may waive the requirement for a Conditional Use Permit if written verification from all property owners along the private road is submitted.

4. If the winery or specialty and craft brewery is located in an AG or AR zoning district and is located less than a half mile away from a RD zoning district, a Conditional Use Permit approved by the Zoning Administrator shall be required to exceed 2,500 cases annual production.

5. Annual production is limited to no more than 6,000 barrels of beer in the agricultural zoning districts.

6. Annual production is limited to no more than 15,000 barrels of beer in the commercial and industrial zoning districts.

7. Retail sales of wine and beer shall be limited to wine and beer manufactured on site.

8. All waste, both solid and liquid, shall be managed, treated, stored, and/or disposed of in accordance with local, state, and federal rules, regulations, and ordinances pertaining to such waste.

9. The primary focus of the tasting area shall be for the marketing and sale of wine, beer, or fruit products produced on site. The sale of wine related merchandise and food shall be incidental to the tasting and limited to 15 percent of the square footage of the tasting areas. Food facilities, as defined in the California Retail Food Code, Section 113789, must meet all applicable codes. If no other beverage except bottles of wine and prepackaged nonpotentially hazardous beverages is offered on sale for on-site consumption and no food except for crackers are served, the facility is not subject to the California Retail Food Code regulations. If other

foods are sold, the facility shall be subject to the California Retail Food Code regulations and shall require permitting by the Environmental Management Department.

10. All buildings shall meet the general agricultural building standards of the zoning district in which they are located.

3.4.8.E. Signage

1. In the AG or AR zoning district, signs shall be allowed provided that:

   • a. There is no more than one sign at each entrance.

   • b. The sign is not over 50 square feet in area.

   • c. The sign is not more than six feet above road grade or signs attached flat against the main building, or signage applied to a conforming wall or fence (in such case, area shall be computed by circumscribing the lettering and counting 100 percent).

• d. The sign is setback at least 10 feet from the street right-of-way unless a lesser setback is approved by the Division of Planning and Environmental Review. For rights-of-way with public utility, public facility easements, the sign setback is at least 14 feet from the street right-of-way, unless a lesser setback is approved.

  • e. Illumination of the sign, if any, shall be externally lit. No internal illumination.

  • f. Signs are stationary.

2. In the Commercial, Mixed Use, and M-1 and M-2 zoning districts, signs shall be allowed subject to the regulations of the commercial, mixed use, and industrial zoning district.

3.4.8.F. Advisory for Other Permitting Requirements

1. All waste, both solid and liquid, shall be managed in accordance with local, state, and federal rules, regulations, and ordinances pertaining to such waste.

2. Environmental Management Department approval/permit for a water system is required, unless documentation is provided that the regulations are not applicable.

3. Environmental Management Department approval/permit is required for events that involve food that is sold or given away to the public.

4. Approval from the Building Inspection Division and the Fire Marshall may be required prior to the use of existing buildings for events.

5. Should any cultural resources, such as structural features, unusual amounts of bone or shell, artifacts, human remains, or architectural remains be encountered during any development activities, work shall be suspended and the Division of Planning and Environmental Review shall be immediately notified at (916) 874-7914.

6. At that time, the Division of Planning and Environmental Review will coordinate any necessary investigation of the find with appropriate specialists as needed. The project proponent shall be required to implement any mitigation deemed necessary for the protection of the cultural resources. In addition, pursuant to CA PRC §5097.97 and CA HSC §7050.5, in the event of the discovery of human remains, all work is to stop and the County Coroner shall be immediately notified. If the remains are determined to be Native American, guidelines of the Native American Heritage Commission shall be adhered to in the treatment and disposition of the remains.

7. In order to mitigate impacts to potentially historic buildings (buildings 100 years old and older), perform one of the following:

   • a. Structures that have not been subject to a previous architectural evaluation and are at least 100 years or older and are subject to renovation shall have a historic architectural study performed by a qualified, professional architectural historian. A significance determination shall be prepared for review by the staff of the Division of Planning and Environmental Review. If the structure is deemed a significant historic resource, the applicant shall comply with Section 3.4.8.F.7; or,

east 100 years or older and are subject to renovation shall have a historic architectural study performed by a qualified, professional architectural historian. A significance determination shall be prepared for review by the staff of the Division of Planning and Environmental Review. If the structure is deemed a significant historic resource, the applicant shall comply with Section 3.4.8.F.7; or,

• b. Property owners proposing to renovate an existing structure shall submit photographs of the structure to the Division of Planning and Environmental Review. Planning and Environmental Review staff shall determine whether a historical evaluation is warranted. If Planning and Environmental Review staff determines that a historical evaluation is warranted, the applicant shall have a historical architectural study performed by a qualified, professional architectural historian for review by CPDD staff. If the structure is deemed a significant historic resource, the applicant shall comply with Section 3.4.8.F.7; or,

• c. Comply with Section 3.4.8.F.7. and forgo the need to submit photographs or a historical architectural evaluation.

8. Structures deemed to be significant historical architectural resources shall be preserved in situ with all proposed modifications carried out to the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.

3.4.9.A. Application

The provisions of this Section shall apply to large wineries or breweries as defined by Section 7.3.

3.4.9.B. Purpose

The purpose of this Section is to provide for the orderly development of wineries or breweries and associated activities within Agricultural and Industrial zoning districts to promote economic development opportunities for the agricultural industry and to preserve agricultural lands within Sacramento County.

3.4.9.C. Standards

Landowners shall comply with all standards for small wineries or specialty and craft breweries, except for annual production limitations.

3.4.9.D. Allowed Uses

1. Growing and harvesting grapes and other products suitable for wine or beer, and processing and bottling of grapes, fruit, and other products produced on the premises.

2. Processing and bottling of grapes, fruit, and other products produced off the winery or brewery premises.

3. Sale of wine or beer for consumption off premises whether grown or produced on or off premises.

4. Wine or beer tasting involving serving wine or beer to the public for the purpose of sampling the product produced or offered for sale, subject to the following restrictions:

   • a. Use of outdoor amplified sound shall be regulated per the Sacramento County Noise Ordinance.

   • b. Sanitary facilities and potable water shall be provided pursuant to applicable codes.

5. Events

   • a. Events shall be allowed in the AG-20, AG-40, AG-80, and AG-160 zones, subject to the Conditional Use Permit.

   • b. In the M-1 and M-2 zones, there are no restrictions on the size and frequency of events provided that:

   • c. Outdoor activities are limited to Sunday through Thursday 8:00 a.m. to 7:00 p.m.; and Friday, Saturday, and holidays 8:00 a.m. to 11:00 p.m. Indoor activities are permitted without restrictions as to day and time. All events are subject to the Sacramento County Noise Ordinance.

6. Processing and distillation, bottling and sale of other wine products such as brandy may occur in conjunction with the winery or brewery, provided that the use is incidental to the processing, bottling and sale of wine, and subject to the issuance of a Conditional Use Permit approved by the Zoning Administrator.

3.4.9.E. Parking Requirements

1. Wineries or breweries shall not be subject to the development standards for off- street parking, outlined in this Code.

2. The following ratios of off-street parking shall be required for all wineries or breweries:

   • a. Office area: 3.5 spaces/1,000 square feet

   • b. Production and storage area: one space/2,000 gross square feet

   • c. Tasting room facilities: one space/300 square feet

   • d. Events: one space/ three attendees

3. All access roads must meet the standards of the Fire Marshall. All parking areas must have an active dust control program.

4. Parking lot lighting, as defined in this Code, will be required if the tasting room is open to the public after sunset.

3.4.9.F. Signage

1. In the AG zoning districts, signs shall be allowed, provided they comply with all sign standards identified for small wineries or breweries.

2. In the M-1 and M-2 zones, signs shall be allowed subject to the regulations of the industrial zoning district.

3.4.9.G. Advisory for Other Permitting Requirements

Landowners shall refer to advisory requirements for other permitting, identified for small wineries or specialty and craft breweries per Section 3.4.8.F.

The use shall be permitted in agricultural zoning districts only where the Food Processing (FP) combining zoning district has been established. The use shall be subject to a Conditional Use Permit approved by the Board of Supervisors upon a recommendation by the Planning Commission, and shall be subject to those standards for the FP combining zoning district set forth in Section 4.3.

3.4.11.A.

Permitted, except any facilities located in the Delta shall require a Conditional Use Permit approved by the Board of Supervisors. The Delta Boundary shall be defined by Figure 3.1. The following features shall be exempt from the Use Permit requirement in the Delta:

1. Small ponds, where the design water level does not exceed the lowest adjacent grade level and where the pond is located at least 50 feet from an adjoining property line, with the following acreage limitations based on parcel size:

   • a. 0 – 5 acre parcels – ¼ acres or less

   • b. 5 – 20 acres parcels – ½ acre or less

   • c. 20 acres or more – one acre or less

2. Ditches and canals used to transfer water.

3. Swimming pools.

4. Seasonal, intermittent farming practices supporting crop or animal-based agriculture. Also included is winter flooding (October 1 – April 1) for wetland habitat purposes.

5. Reclamation and Levee Maintenance District facilities.

3.4.12.A.

Outdoor industrial hemp cultivation, commercial hemp production, seed production, and related nursery uses are permitted in all AG zones if the following standards are met:

1. Minimum parcel size of 40 acres.

2. Minimum setback requirements shall be as outlined in Chapter 6.87 of the SCC and as may be modified by the Agricultural Commissioner’s Office.

3. Signage required for hemp cultivation shall comply with Chapter 6.87 of the SCC.

4. Primary processing of industrial hemp (drying, curing, pressing, and/or similar activities occurring after harvest) in AG zones shall take place in a fully enclosed legally permitted building where the odor cannot be detected from outside the structure and is limited to a maximum area of five acres dedicated to structures related to the cultivation and or processing of industrial hemp as a permitted use. All methods of processing shall be non-volatile. If the indoor cultivation, processing, or storage area exceeds five acres or processing or storage occurs outside of a fully enclosed building a Conditional Use Permit approved by the Zoning Administrator is required (see Section 3.4.12.C for additional requirements).

5. Grower must be licensed and registered with the Agricultural Commissioner.

3.4.12.B.

Indoor industrial hemp cultivation and processing, seed production, or related nursery production and including incidental activities related thereto within the M-1 and M-2 zones shall meet the following standards:

1. Structure(s) must comply with all applicable building codes.

2. Sites shall be developed in compliance with the development standards listed in Chapter 5.6 for projects in Industrial Zones.

3. All odor shall be mitigated so as not to be detected from outside the building structure.

4. All methods of processing shall be non-volatile.

5. Grower must be licensed and registered with the Agricultural Commissioner.

6. Processing in the M-1 zone requires a Conditional Use Permit approved by the Zoning Administrator pursuant to Section 3.4.12.C.

3.4.12.C.

Processing of industrial hemp in the M-1 zone and any processing of industrial hemp that exceeds the requirements of Code Section 3.4.12.A.4 above, shall require a Conditional Use Permit approved by the Zoning Administrator. Applications for Use Permits to process industrial hemp shall include the following in addition to any requirements listed in Section 6.4.3; Conditional Use Permits:

1. An odor control and mitigation plan to ensure odors of industrial hemp cannot be detected from outside of the building(s) in which the business operates. The odor control and mitigation plan shall be certified by a licensed professional engineer and shall include the following components:

   • a. Operational processes and maintenance plan, including activities undertaken to ensure the odor mitigation system remains functional;

   • b. Staff training procedures; and

• c. Engineering controls, which may include carbon filtration or other methods of air cleansing, and evidence that such controls are sufficient to effectively mitigate odors from all odor sources. All odor mitigation systems and plans submitted pursuant to this subsection shall be consistent with accepted and best available industry-specific technologies designed to effectively mitigate industrial hemp odors.

  • d. For Processing in Agricultural zones that require a use permit, the Odor Control and Mitigation Plan shall identify ways to mitigate/reduce odor based on surrounding uses and compliance with the County Right to Farm Ordinance.

2. A Safety Plan demonstrating adequate security on the premises, including lighting and alarms, to ensure the public safety, the safety of persons within the facility, and to protect the premises from theft. The Safety Plan shall include the following minimum requirements:

   • a. Lighting Plan: An interior and exterior lighting plan that utilizes best management practices to reduce glare, light pollution, and light trespass onto adjacent properties while still maintaining adequate security to provide illumination and clear visibility of outdoor areas surrounding buildings and in particular any points of ingress and egress. Interior lighting systems shall confine light and glare to the interior of the building.

   • b. Security cameras. Surveillance video cameras shall be installed and maintained in good working order to provide coverage on a 24-hour basis of all internal and exterior areas where industrial hemp is cultivated, weighed, manufactured/processed, packaged, stored, and/or transferred. The security surveillance cameras shall be oriented in a manner that provides clear and certain identification of all individuals within those areas. Cameras shall remain active at all times and shall be capable of operating under any lighting condition. Security video must use standard industry format to support criminal investigations and shall be maintained for 60 days.

   • c. A professionally monitored alarm system shall be installed and maintained in good working condition and in compliance with SCC Chapter 9.96; Emergency Alarms.

   • d. Secure storage and waste. Identify how industrial hemp products and associated product waste will be stored and secured in a manner that prevents diversion, theft, loss, hazards and nuisance.

• e. Transportation. Identify procedures for safe and secure transportation and delivery of industrial hemp to and from the facility.

• f. Locks. All points of ingress and egress to the industrial hemp processing facility shall be secured with Building Code compliant commercial-grade, non-residential door locks or window locks. Any exterior fences with locked gates shall utilize a fire/police accessible lock system such as a knox-box.

• g. Emergency Access. Identify security measures designed to ensure emergency access in compliance with the California Fire Code and local Fire Department standards.

• h. Noise. Facilities located within 300 feet of a non-industrial use or zoning district shall provide a noise analysis demonstrating that any ventilation system or other equipment shall comply with County noise regulations.

3.4.12.D.

Industrial hemp cultivation or seed production for research purposes is permitted in all AG zoning districts if the following standards are met:

1. Must be associated with an accredited university or college.

2. Minimum parcel size of 40 acres.

3. Minimum setback requirements shall be as outlined in Chapter 6.87 of the SCC and as may be modified by the Agricultural Commissioner’s Office.

4. The maximum cultivation area shall not exceed one acre.

5. Signage required for hemp cultivation shall comply with Chapter 6.87 of the SCC.

6. Grower must be licensed and registered with the Agricultural Commissioner.