4.3. FOOD PROCESSING (FP) COMBINING ZONING DISTRICT — Sacramento County Zoning Code

4.3.1. Purpose ¶

The Food Processing (FP) Combining Zoning District provides for the location in agricultural areas of food processing industries that are dependent upon land extensive wastewater disposal in a manner that minimizes adverse environmental impacts and protects and enhances agricultural productivity.

4.3.1.A. Applicability

The FP zoning district may be combined with the AG-160, AG-80, AG-40, AG-20, and UR zones.

4.3.2. Allowed Uses ¶

4.3.2.A.

Any permitted or conditional use in the underlying zoning district and subject to the regulations of the underlying zoning district, except as otherwise provided in this Section.

4.3.2.B.

Food processing industries as defined in Section 7.3, “Use Definitions,” subject to approval of a Conditional Use Permit approved by the Board of Supervisors after receipt of a recommendation on such use by the Planning Commission.

4.3.2.C.

Irrigation disposal of liquid waste material onto land, subject to approval of a Conditional Use Permit approved by the Board of Supervisors after receipt of a recommendation on such use by the Planning Commission. The Board of Supervisors may issue a single Use Permit where an application is made for both a food processing facility and irrigation disposal of wastewater.

4.3.3. Development Standards ¶

A food processing use shall be developed using the following standards:

4.3.3.A. Setbacks

The site map shall show the setbacks of plant facilities from property lines. The building setbacks should correspond proportionately to the height of proposed structures. Plant facilities should be set well back from public streets, other public uses, and residential uses.

4.3.3.B. Landscaping, Signing, and Screening

Plant facilities shall be designed and landscaped to minimize their visual impact upon adjoining uses. The site development plan shall include:

A screening and landscaping plan, consisting of a combination of fencing, berms, and plantings.
The elevations of buildings and structures demonstrating to the maximum extent possible the concealment of all process piping and equipment from adjacent properties.
Location, size, height, and elevation drawings of any proposed signs.

4.3.3.C. On-site Signs

On-site signs and permitted advertising devices may be erected subject to the development standards of Section 5.10, “Sign Regulations.” In addition, the Use Permit for food processing use may establish specific conditions for signs that are less or more restrictive than the generally applicable sign standards.

4.3.3.D. Bird and Rodent Nuisances

No use shall be conducted or operated in such a manner as to cause a concentration of rodents, birds, or other animals in such numbers that may directly or indirectly interfere with the safe operation of general aviation craft within or above the disposal area, or in any other way constitute a threat to the public health or safety.

4.3.4. Procedures ¶

For every use in the FP combining zoning district, a Use Permit is required. Substantial method of operation, nature of use, or expansion of a permitted food processing use is subject to an amendment to the Use Permit in force.

4.3.4.A. Considerations

When deciding a Use Permit permit application, the appropriate authority should consider the following:

1. Parking

The location and design of off-street vehicular parking facilities for visitors and employees and projected peak employee data.

2. Truck Traffic

The location and design of docking and waiting areas for trucks handling raw materials and processed products, ingress and egress from public roads, anticipated public street truck routes to freeways and major arterials, and the estimated peak number of trucks arriving and departing hourly and daily from the food processing plant.

3. Soil Engineering

A soil engineering analysis with recommendations, if necessary, to prevent structural damage as a result of the expansion and contraction of underlying soils, settling, subsidence, or other action.

4. Type of Food Processing Operation

The raw food crops that will be processed, their origins, previously processed bulk agricultural products used in the production process, the food products that will be produced, and the duration of the processing season.

5. Water Consumption

a. The source of water to be used in plant operation.
b. The proposed location of wells and estimated drilling depth, if groundwater is to be used.
c. The location and identification number of existing wells on the property and on adjoining property.
d. An analysis of groundwater samplings from wells on the property or, if none exist, groundwater quality data that may be available for adjoining wells.
e. The average and peak daily water requirements, in gallons per day.
f. The total annual process water requirements and supplemental water requirements for irrigation in acre feet per year.
g. The existing annual water use at the site, including the area proposed to accommodate the waste disposal system.
h. Comments by the Sacramento County Environmental Management Department and Department of Water Resources regarding the proposed water supply system for the plant.

6. Air Pollution Control

Refer to the Air Quality Management District (AQMD) permit for requirements.

7. Grading and Irrigation

a. Location and acreage of the disposal area and the existing and graded topography at two-foot contour intervals (with spot elevations for flat land) with all surface drainage courses shown.
b. Specific measures, if any, to improve soil permeability, such as ripping of hardpan or installation of underdrains.
c. The design slope and length of run for surface irrigated fields.
d. The layout of the irrigation system and irrigation return and discharge system.
e. A description of the irrigation cycle, application rate, and infiltration rates of wastewater during periods of peak irrigation and the equipment or methods used to regulate application.
f. The surface disposal systems, provisions for storm drainage, surface runoff drainage, and discharge of effluent, if any.
g. Provisions for on-site liquid waste storage facilities capable of meeting emergency storage needs resulting from unreasonable weather or equipment failure.
h. The comments by the Sacramento County Environmental Management Department, Department of Water Resources, the Sacramento Yolo Mosquito Abatement District, and Central Valley Regional Water Quality Control Board on the program to grade and irrigate the property.

8. Agricultural Management

a. The proposed agricultural use of the land and existing agricultural use on and in the vicinity of the site.
b. The types of crops to be grown, the management program (rotation, etc.) to be employed, and specific measures to minimize the concentration of rodents on and the attraction of birds to the disposal site.
c. The distribution of soil types, soil profile descriptions (including depth to hardpan), soil chemical analysis, permeability data, and other relevant soil information that relate to the disposal site.

9. Economic Data

Because a clear and compelling economic need for land extensive wastewater disposal systems is the principal justification for rural industries and rural land disposal systems, the Use Permit application shall quantitatively identify the economic advantages of land disposal over conventional municipal treatment. Information necessary to make such a determination, include, but not limited to: the costs of land acquisition; land preparation: conveyance systems, pumps, and other capital improvements; projected maintenance and operation requirements and costs; average and peak volume, organic loading, and suspended soils content of wastewater; and other information necessary to project sewage changes for municipal treatment shall be considered.

10. Domestic Sewage Disposal

a. An estimate of the average and peak daily sanitary sewage flow during the processing season and during the off season shall be included within the waste management plan of the Use Permit application.
b. The proposed method of treatment and disposal of domestic sewage.
c. Conformance with the requirements of the Environment Management Department and the Regional Water Quality Control Board.

11. Solid Waste Management

Disposal of solid waste as defined in Chapter 7, Definitions, generated at the food processing facility shall be disposed of at a permitted solid waste facility.

4.3.4.B. Use Permit

1. Conditions

The Planning Commission may recommend, and the Board of Supervisors may require the Use Permit be subject to reasonable conditions. The Board of Supervisors has accepted the report “Agricultural Industries: Prospects, Perspectives, Planning”, prepared by a technical advisory committee appointed by the Board of Supervisors. Guidelines and criteria in Chapter 7 of the report coupled with mitigation measures recommended in any environmental analysis of an application shall be duly considered by the Planning Commission or the Board of Supervisors, or both, in recommending and approving an application.

: Prospects, Perspectives, Planning”, prepared by a technical advisory committee appointed by the Board of Supervisors. Guidelines and criteria in Chapter 7 of the report coupled with mitigation measures recommended in any environmental analysis of an application shall be duly considered by the Planning Commission or the Board of Supervisors, or both, in recommending and approving an application.

a. Enforceable Restrictions

The Conditional Use Permit may be conditioned upon the owner of the land used for wastewater discharge executing a Land Conservation Act agreement or an open space easement.

b. Waste Discharge Requirements

The Use Permit shall be expressly conditioned upon compliance with waste discharge requirements of the Regional Water Quality Control Board. The Use Permit shall also specify that if the state suspends or revokes its approval of the waste discharge program then the Conditional Use Permit may also be suspended or revoked. The County shall encourage the Regional Water Quality Control Board to include the following provisions in their waste discharge requirements:

i. Maximum seasonal Biochemical Oxygen Demand loading rates to the land.
ii. Monitoring of groundwater levels.
iii. On-site liquid waste storage facilities sufficient to meet emergency storage requirements resulting from unseasonable wet weather during operating periods.

c. Soil Analysis

Each Conditional Use Permit shall include, as a condition, that an ongoing monitoring program be established to ensure that the long term productivity of soils irrigated with wastewater is maintained. A soils analysis shall be performed biannually (immediately prior to the processing season and immediately following the processing season). The Cooperative Agricultural Extension Office or other qualified experts shall review such data to determine the level of buildup of sodium-based salts. If it is determined that soil salt levels are detrimentally affecting the agricultural productivity of the wastewater disposal site, this shall be reported to the State Regional Water Quality Control Board and the operator, along with recommended measures to reverse the salt buildup. Such measures may include changes in the types of crops planted, rotational cropping techniques, the use of soil amendments, alteration of production process to reduce chemical concentration in the wastewater, modified application practices, or other changes in the waste disposal program. Within 30 days of receiving such written measures the State Regional Water Quality Control Board shall establish, in consultation with the operator of the wastewater disposal site, a written schedule for implementing necessary measures. The operator shall implement all necessary measures no later than one year following establishment of the schedule, or within any lesser period as may be provided in the schedule.

2. Responsibility

The operator of the processing plant shall be responsible to the County for the operation of the disposal site even though the disposal site is owned or operated by another person or entity. If there is separate ownership or operating management, the County may condition the Use Permit by requiring an agreement between the land disposal operator and the plant operator relating to the management of the disposal site. Any agreement shall be approved by the County Counsel prior to the grant of the Use Permit.

3. Term

The term of the permit shall be consistent with the operative life of the food processing industry involved. A term of 30 years is considered reasonable.

4.3.4.C. Bond

[AMENDED 12-01-2017]

The Board of Supervisors may require that the applicant post a bond or other security to ensure compliance with any conditions of the Use Permit. The bond shall be in a form to be approved by the County Counsel and in an amount to be approved by the Director of Planning and Environmental Review and shall be deposited with the Clerk of the Board of Supervisors. The Director of Planning and Environmental Review is authorized to release the bond or security upon satisfaction of the conditions or expiration of the Use Permit. In lieu of the bond, the following will satisfy the bond or security requirement:

Certificates of deposit payable to the County issued by banks doing business in this state and insured by the Federal Deposit Insurance Corporation.
Investment certificates or share accounts assigned to the County and issued by a savings and loan association doing business in this state and insured by the Federal Savings and Loan Insurance Corporation.
Bearer bonds issued by the Federal or state government; or cash deposited with the County.
Other forms of security acceptable to the County Counsel.

4.3.4.D. Advisory Committee

The Board of Supervisors may establish a committee to advise the County in technical matters relating to the establishment of appropriate conditions of approval for the Use Permit, the periodic review of uses permitted under the provisions of this ordinance or the recommendation of measures that may be necessary to ensure ongoing compliance with the conditions of the Use Permit.

4.3.4.E. Action by the Board of Supervisors

In addition to any other findings required as a matter of law, the Board of Supervisors shall not grant a Conditional Use Permit for a food processing industry until it finds that:

The required plans and reports adequately describe the proposed operation.
The proposed use is consistent with the definition of food processing industries as provided in this Code.
The required plans and reports incorporate all reasonable measures to mitigate probable significant adverse environmental effects of the proposed operation.
The required data establish a clear and compelling economic benefit to land disposal of process wastewater.
The proposed use benefits agriculture.