Solano County Zoning Code § 28.71 Agricultural Uses

• A. General Requirements

-Reserved-

B. Specific Requirements

The specific crop production and grazing uses listed below shall comply with the general performance standards (Section 28.70.10(A)) and the following specific standards:

1. Agricultural Accessory Buildings. New accessory buildings, including alterations to existing accessory buildings, shall be designed, constructed, and/or established in

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compliance with the development standards in the applicable zoning district and the following standards:

• a. Attached Accessory Structure Setbacks. An accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.

• b. Detached Accessory Structure Setbacks. An accessory building detached from the main building shall be located 60 feet from the front property line or on the rear 50 percent of the lot, unless otherwise specified in the applicable zoning district.

• c. Side and Rear Yard Setback Waiver. The minimum side and rear yard requirements may be waived for an accessory building other than an animal shelter if no written objection is received from a neighboring property owner, except that such building shall not be located closer to any side street line than the main building, and such buildings, in the aggregate, shall not exceed the maximum site coverage in the rear yard for the main building as may be specified in the applicable zoning district. Waiver of said requirements shall be subject to notice as set forth in Section 28.04(F).

• d. Setback between buildings. An accessory building shall not be located closer than 10 feet from the main building; except in the W District, the distance shall be 30 feet. Stables shall be located at least 20 feet from the main building.

• e. Animal Shelter Setbacks. An accessory building for the shelter of small animals shall not be placed closer to any side street line than the main building, and in no case shall be placed closer than 10 feet from any property line unless greater setbacks are required by the zoning district.

(Ord. No. 1793, §3; Ord. No. 1840, §16; Ord. No. 1861, §2)

A. General Requirements

All agricultural processing uses shall comply with the general performance standards (28.70.10) and the following general standards:

1. Trucking access with shall not interference with normal traffic;

2. Processing facilities may be located on a public or private road in accordance with the general development standards set forth in Section 28.70.10.

3. Storm water shall be managed to prevent any processing wastes or by-products from entering any natural or constructed storm water facility or canal, creek, lake, pond, stream or river.

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B. Specific Requirements

The specific agricultural processing uses listed below shall comply with the following specific standards:

1. Agricultural Processing Facility

• a. Small Agricultural Processing Facility. A small agricultural processing facility, as defined in Section 28.01, shall comply with the applicable development standards delineated in the zoning district, the general requirements for agricultural processing uses listed in subsection (A) of this section and the following standards:

  • (1) At least 10 percent of the product used in production, averaged over five consecutive years, must be grown on site or off site on land owned or leased by the operator within Solano County.

  • (2) The facility operator shall report at the end of each calendar year to the Department of Resource Management the amount and source of product processed during the calendar year.

  • (3) Shall obtain Environmental Health Services Division of the Department of Resource Management, and Fire Department approval, if required, and notify the Sheriff’s Office prior to hosting special events.

  • (4) A retail sales and tasting facility, ancillary to the processing facility, must be no larger than 1,000 square feet.

  • (5) If less than 10 percent of the product used in production, averaged over five consecutive years, is grown on site or off site on land owned or leased by the operator in Solano County, then the facility shall be subject to the permitting requirements of the zoning district applicable to a medium agricultural processing facility.

• b. Medium Agricultural Processing Facility. A medium agricultural processing facility, as defined in Section 28.01, shall comply with the applicable development standards delineated in the zoning district, the general requirements for agricultural processing uses listed in subsection (A) of this section and the following standards:

  • (1) A least 10 percent of the product used in production, averaged over five consecutive years, must be grown on site or off site on land owned or leased by the operator within Solano County.

  • (2) The facility operator shall report at the end of each calendar year to the Department of Resource Management the amount and source of product processed during the calendar year.

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• (3) Provided that adequate measures shall be taken to control odor, dust, noise, and waste disposal so as not to constitute a nuisance, special events are allowed as permitted under the use permit.

  • (4) A retail sales and tasting facility, ancillary to the processing facility, must be no larger than 1,000 square feet.

  • (5) Shall show that proposed source of water will not deprive others of normal supply.

  • (6) Shall provide loading spaces as required by the Zoning Administrator or Planning Commission.

  • (7) If less than 10 percent of the product used in production, averaged over five consecutive years, is grown on site or off site on land owned or leased by the operator in Solano County, then the facility shall be subject to the permitting requirements of the zoning district applicable to a large agricultural processing facility.

• c. Large Agricultural Processing Facility. A large agricultural processing facility, as defined in Section 28.01, shall comply with the applicable development standards delineated in the zoning district, the general requirements for agricultural processing uses listed in subsection (A) of this section and the following standards:

  • (1) Provided that adequate measures shall be taken to control odor, dust, noise, and waste disposal so as not to constitute a nuisance, special events are allowed as permitted under the use permit.

  • (2) A retail sales and tasting facility, ancillary to the processing facility, must be no larger than 2,000 square feet.

  • (3) Shall show that proposed source of water will not deprive others of normal supply.

  • (4) Shall provide loading spaces as required by the Zoning Administrator or Planning Commission.

2. Nursery With Public Sales

• a. Standards. Nurseries shall:

  • (1) Be limited to 1,500 square feet in total display area, indoors and outdoors, for nonplant products.

  • (2) Shall provide at least five on-site parking spaces.

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• (3) May be accessed from a public or private road in accordance with the general development standards set forth in Section 28.70.10.

3. Wineries

• a. Small Winery. A small winery, as defined in Section 28.01, is allowed by right subject to compliance with the development standards delineated in the zoning district, the general requirements for agricultural processing uses listed in subsection (A) of this section and the standards below:

  • (1) At least 25 percent of the grapes or other fruit used in production, averaged over five consecutive years, must be grown on site or off site on land owned or leased by the operator within Solano County.

  • (2) The winery operator shall report at the end of each calendar year to the Department of Resource Management the total gallons of wine produced, in bulk and bottles combined, during the calendar year. Such reporting may alternatively include proof of payment of the annual license renewal fee to the Department of Alcoholic Beverage Control (ABC), including the dollar amount of the fee paid.

  • (3) A tasting facility is allowed by right, ancillary to the winery, and must be no larger than 1,000 square feet.

• b. Medium Winery. A medium winery, as defined in Section 28.01, is allowed by either an administrative permit or a minor use permit, subject to compliance with the development standards delineated in the applicable zoning district, the general requirements for agricultural processing uses listed in subsection (A) of this section and as follows:

  • (1) Shall require a minor use permit if the property does not have direct access from a public road. May be accessed from a public or private road in accordance with the general development standards set forth in Section 28.70.10.

  • (2) The winery operator shall report at the end of each calendar year to the Department of Resource Management the total gallons of wine produced, in bulk and bottles combined, during the calendar year. Such reporting may alternatively include proof of payment of the annual license renewal fee to the Department of Alcoholic Beverage Control (ABC), including the dollar amount of the fee paid.

(3) A wine tasting and sales area must be no larger than 2,000 square feet.

• c. Large Winery. A large winery, as defined in Section 28.01, is allowed with a use permit, subject to compliance with the applicable development standards delineated in the applicable zoning district, the general requirements for agricultural processing uses listed in subsection (A) of this section and the standards below:

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• (1) A tasting facility is allowed by right, ancillary to the winery, and must be no larger than 2,000 square feet.

• (2) The winery operator shall report at the end of each calendar year to the Department of Resource Management the total gallons of wine produced, in bulk and bottles combined, during the calendar year. Such reporting may alternatively include proof of payment of the annual license renewal fee to the Department of Alcoholic Beverage Control (ABC), including the dollar amount of the fee paid.

(Ord. No. 1821, §§9, 10; Ord. No. 1840, §18; Ord. No. 1861, §4)

A. General Requirements

Animal facilities and operations shall comply with the following general standards:

1. Shall be located no closer than two hundred (200) feet from any property line;

2. Processing facilities may be located on a public or private road in accordance with the general development standards set forth in Section 28.70.10.

3. Shall manage storm water to prevent any processing wastes or by-products from discharging into any natural or constructed storm water facility or canal, creek, lake, pond, stream or river.

B. Specific Requirements

The animal facilities and operations listed below shall comply with the general requirements for animal facilities and operations listed in subsection (A) of this section and the following specific standards:

1. Confined Animal Facilities

Confined animal facilities shall conform to the following standards:

• a. Small Confined Animal Facilities. Small confined animal facilities may be permitted, provided the facilities shall not locate any developed portions of the facility, including barns, corrals, feed and manure storage areas, milking parlor, lagoons, structures not used as dwelling units, labor quarters, or administration, and any ancillary facilities other than grazing and cropland, closer than 200 feet from any property line. Truck loading areas may occur within the front setback area; provided, that they do not encroach into the road right-of-way.

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• b. Medium Confined Animal Facilities. Medium confined animal facilities may be permitted upon the issuance of a use permit, provided the facilities conform to the following minimum development standards:

  • (1) Minimum Setbacks. To minimize potential impacts of odor, dust and noise, the developed portions of the facility, including barns, corrals, feed and manure storage areas, milking parlor, lagoons, structures not used as dwelling units, labor quarters, or administration, and any ancillary facilities other than grazing and cropland, shall be located no closer than:

    • i. One mile from any city’s sphere of influence line, as established by the Solano Local Agency Formation Commission, or, where no sphere of influence line has been established, from any city limit line. This requirement may be reduced in distance or waived if the area within the sphere of influence line or city limit line is being used, or will be used, for municipal wastewater treatment facilities. This minimum distance may be increased based on site specific factors and potential impacts identified through the environmental review process.

    • ii. This minimum setback requirement from a sphere of influence shall only apply at the time of the facility’s initial approval, and a change in the sphere of influence shall not alone render an operating facility nonconforming.

    • iii. Two hundred feet from any property line. Truck loading areas may occur within the front setback area; provided, that they do not encroach into the road right-of-way.

• iv. Manure used as fertilizer and process water used to irrigate cropland may be used on the project site within these minimum setback areas.

  • (2) Water Protection. The following minimum water protection standards are applicable:

    • i. Ground Water Monitoring Standards. As part of the use permit application materials, the applicant shall submit a proposed ground water monitoring plan. The Division of Environmental Health shall review the proposed plan and recommend appropriate revisions, if any. The plan shall provide for the testing and reporting of ground water quality on the project site both prior to, and at least once every six months during, the operation of the facility. In granting a use permit, the ground water monitoring plan shall be approved as a component of the approved land use operation and the permit shall be conditioned to require that the permittee comply with the provision of the approved plan.

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• ii. Wastewater Pond Design Standards. All wastewater storage ponds and treatment lagoons shall be designed and constructed to meet the following standards:

  • a) A liner of compacted clay that is a minimum of one foot thick, with a maximum permeability of 1 x 10[-6] cm/sec.

  • b) Minimum of five feet separation between bottom of liner and groundwater.

  • c) Must be designed and operated with a minimum of two feet of freeboard and must be capable of accommodating a 100-year precipitation event occurring over a 24-hour period.

  • d) Retention ponds and settling basins shall be designed to minimize odor, to the greatest extent feasible, by using the best available proven technology at the time of application. This includes, but is not limited to, pond covers, methane digesters, aerobic and anaerobic systems or operational or management practices.

  • e) Performance based, engineered alternatives that meet or exceed the above requirements may be considered and approved.

These standards are minimums. Stricter standards may be required if recommended pursuant to environmental review or by other regulatory agencies.

• c. Large Confined Animal Facilities. Large confined animal facilities may be permitted provided the facilities conform to the following minimum development standards:

  • (1) Minimum Setbacks. To minimize potential impacts of odor, dust and noise, the developed portions of the facility, including barns, corrals, feed and manure storage areas, milking parlors, lagoons, structures not used as dwelling units, labor quarters, or administration, and any ancillary facilities other than grazing and cropland, shall be located no closer than:

• i. Three miles from any city’s sphere of influence line, as established by the Solano local agency formation commission, or, where no sphere of influence line has been established, from any city limit line. This requirement may be reduced in distance or waived if the area within the sphere of influence line or city limit line is being used, or will be used, for municipal wastewater treatment facilities. This minimum distance may be increased based on site specific factors and potential impacts identified through the environmental review process.

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• ii. This minimum setback requirement from a sphere of influence shall only apply at the time of the facility’s initial approval, and a change in the sphere of influence shall not alone render an operating facility nonconforming.

• iii. One mile from the nearest large confined animal facility.

• iv. Two thousand five hundred feet from any natural public drinking surface water supply intake and 200 feet from a primary tributary to a domestic surface water supply (measured from any liquid or solid waste storage area or land application area only), including but not limited to the Barker Slough intake.

• v. One mile from any residential zoning district, as established in Section 28.13.

• vi. Two hundred feet from any property line. Truck loading areas may occur within the front setback area; provided, that they do not encroach into the road right-of-way.

• vii. One-quarter mile (1,320 feet) downwind and one-half mile (2,640 feet) upwind of any existing occupied dwelling unit not owned or occupied by the facility’s owner or personnel. This requirement may be waived if the owner of the dwelling has provided comment, in writing, that he or she has no objection to the location of developed portions of the facility within such setback area.

viii. Two miles from the boundary of the National Veterans Cemetery.

• ix. Manure used as fertilizer and process water used to irrigate cropland may be used on the project site within these minimum setback areas.

(2) Other Standards.

• i. All structures shall be constructed with materials suitable to prevent excessive glare so as not to create a nuisance to neighbors or a danger to aircraft.

• ii. All exterior night lighting shall be directional lighting that directs the light downward and inward toward the project site so as not to create a nuisance to neighbors.

• iii. Applications must meet all requirements set forth in Chapter 27 of the Solano County Code regulating Large Confined Animal Facilities.

• iv. Notice of a hearing on a use permit application for a Large Confined Animal Facility, or any revision to such permit, shall be provided to any affected local governmental agencies and to all owners of real property, as shown on the

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latest equalized assessment roll, within one mile of the property that is the subject of the hearing.

d. Standards for All Confined Animal Facilities.

• (1) Manure and Silage Storage. Storage or stockpiling of manure and silage shall occur in a manner which minimizes odor and vector nuisances to the greatest extent practicable, based on current industry practices.

• (2) Loading Areas and Access. Adequate truck loading areas shall be provided within the developed portion of the facility. Ingress and egress shall be designed to avoid creation of traffic hazards and congestion, odor, dust, noise or drainage impacts.

• (3) Grandfathered Nonconforming Uses. Any confined animal facility, including any sales and feed lot, stockyard, or dairy, legally established prior to May 3, 2005, which does not meet the standards set forth in subsections (A) and (B)(1) of this section (excepting the minimum setback standards for medium and large facilities), shall be considered legal nonconforming.

• (4) Expansion of Grandfathered Nonconforming Uses. A legal nonconforming confined animal facility shall not be allowed to physically expand its use or increase the number of animals allowed unless the standards set forth in subsections (A) and (B)(1) of this section (excepting the minimum setback standards for medium and large facilities) are met.

2. Fowl and Poultry Ranch

“Fowl and poultry ranches” are distinguished from “pastured poultry” operations in the definitions in Section 28.01.

a. Standards. Fowl and poultry ranches shall:

• (1) Employ best practices to ensure that stray birds do not trespass onto adjacent public rights-of-way or private lands.

• (2) Manage supplemental feeds, manure, bedding and nesting materials to lessen any potential adverse impacts that the pastured poultry operation might have on neighbors or the larger community. Fowl and poultry ranch operators are required to submit to the agricultural commissioner, on an annual basis, a plan for the management of the operation which will provide policies and procedures for insuring that the pastured poultry operation is not likely to become a nuisance to surrounding property owners or the community and that no health and safety problems will arise due to its operation. The plan should describe policies and procedures that:

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• i. Regulate, control or prohibit the accumulation of manure.

• ii. Prevent any accumulation of animal or vegetable matter in which fly larvae exist or any accumulation of filth or source of foulness hazardous to health or comfort of people.

• iii. Protect pollutants from entering in creeks, streams, drainage ditches or groundwater supplies.

3. Hog Ranch

• a. All hog ranches shall regulate, control or prohibit the accumulation of animal matter in which fly larvae exist or any accumulation of filth or source of foulness hazardous to health or comfort of people.

b. Standards for Large Hog Ranches.

• (1) Trucking access shall not interfere with normal traffic.

• (2) Shall provide adequate truck loading area as required by the zoning administrator or planning commission, together with ingress and egress designed to avoid traffic hazard and congestion.

• (3) Shall show that adequate measures shall be taken to control odor, dust, noise, and waste disposal so as not to constitute a nuisance or a hazard.

• (4) Shall show that proposed source of water will not deprive others of normal supply.

4. Pastured Poultry

“Pastured poultry” operations are distinguished from “fowl and poultry ranches” in the definitions in Section 28.01.

• a. Standards. Pastured poultry operations shall:

  • (1) Manage storm water to prevent feed and manure from entering any natural or constructed storm water facility or canal, creek, lake, pond, stream or river.

  • (2) Maintain a setback of 200 feet from any (R) district parcel.

  • (3) Employ best practices to ensure that stray birds do not trespass onto adjacent public rights-of-way or private lands.

  • (4) Be limited to 3,000 birds or less.

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• (5) Manage supplemental feeds, manure, bedding and nesting materials to lessen any potential adverse impacts that the pastured poultry operation might have on neighbors or the larger community. Pastured poultry operators are required to submit to the agricultural commissioner, on an annual basis, a plan for the management of the operation which will provide policies and procedures for insuring that the pastured poultry operation is not likely to become a nuisance to surrounding property owners or the community and that no health and safety problems will arise due to its operation. The plan should describe policies and procedures that:

  • i. Regulate, control or prohibit the accumulation of manure.

  • ii. Prevent any accumulation of animal or vegetable matter in which fly larvae exist or any accumulation of filth or source of foulness hazardous to health or comfort of people.

  • iii. Prohibit any nuisance, offensive matter, foul or noxious odors.

• b. Special Events Facility. A special events facility may be operated in conjunction with a pastured poultry operation, as permitted in the applicable zoning district and subject to the provisions of Section 28.73.30.

• c. Sales. The sale of live birds or eggs to the public at a pastured poultry operation must meet the applicable development standards delineated in the applicable zoning district, as well as the following specific development standards:

  • (1) Shall be operated by the property owner or occupant.

  • (2) Shall not exceed 1,000 square feet. Size shall be determined by measuring the total roof-covered area. Where public sales are operated within a portion of a larger building, the public sales shall be functionally separated from the remainder of the building by permanent walls and size shall be determined by measuring the gross floor area of the enclosed space plus any outdoor display area.

  • (3) Public sales of on-site eggs are permitted. No meat sales are permitted. At least 25 percent of the product sold shall be grown on site or off site on land owned or leased by the operator within Solano County. The balance of the stand shall be used for the sale and inventory of crops or other agricultural products, including nonagricultural products as regulated by this chapter, grown or produced on site or off site.

  • (4) An area not exceeding 50 square feet may be used for the sale and inventory of prepackaged food; provided, that such food sales and inventory complies with the requirements of the department of resource management, environmental health

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services division, and is from an “approved source” and is not a “potentially hazardous food” as defined by the California Health and Safety Code.

• (5) “Nonagricultural product sales” shall mean the on-site sales of nonagricultural products produced on and off the property, where the total inventory and sales area for such products is limited to an area of 50 square feet, except that sales and inventory of prepackaged food shall be allowed subject to the requirements of subsection (B)(4)(c)(4) of this section.

• (6) Minimum setback from an adjacent street shall be the same as required for the main building.

• (7) Shall have ingress and egress designed so as to avoid traffic congestion and hazards. All connections to county roads shall meet the encroachment permit requirements of the director of resource management, which generally include, but shall not be limited to, paving of the connection within the county road right-ofway.

• (8) Shall provide adequate controls or measures to prevent dust, odor or light.

• (9) Shall provide off-street parking in accordance with Section 28.94 in addition to paved parking spaces, aisles and pathways for the disabled in accordance with the building code.

• (10) Shall obtain department of resource management, environmental health services division approval, if required, prior to operation.

• d. Agricultural Commercial Kitchen. A commercial kitchen, operated in conjunction with a pastured poultry operation, as permitted in the applicable zoning district, must meet the applicable development standards delineated in the applicable zoning district, as well as the specific development standards in Section 28.76.10.

5. Slaughterhouse

• a. Standards. Slaughterhouses shall:

  • (1) Regulate, control or prohibit the accumulation of animal matter in which fly larvae exist or any accumulation of filth or source of foulness hazardous to health or comfort of people.

• (2) Trucking access shall not interfere with the normal traffic.

  • (3) Shall provide adequate truck loading area as required by the zoning administrator or planning commission, together with ingress and egress designed to avoid traffic hazard and congestion.

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• (4) Shall control odor, dust, noise, and waste disposal.

• (5) Shall show that proposed source of water will not deprive others of normal supply.

(Ord. No. 1840, §19; Ord. No. 1861, §4)

A. General Requirements

This section reserved

B. Specific Requirements

Other agricultural operations listed below shall comply with the general performance standards (28.70.10 above) and the following specific standards:

1. Agricultural Employee Housing

• a. Standards. A temporary manufactured dwelling unit for an employee on parcels of twenty (20) acres or more is permitted for a maximum five (5) year period subject to the following conditions as well as the applicable development standards as permitted in the applicable zoning district, as well as the following specific development standards:

  • (1) One or more occupants of the dwelling are employed by the owner or the lessee of the parcel;

  • (2) Non-employee occupants of the dwelling are members of the employee’s family;

  • (3) The employee occupant(s) of the dwelling has rent deducted from his or her wages; and

  • (4) The employee occupant is required to live in the dwelling as a condition of his or her employment.

2. Commercial Auctions and Agricultural Equipment Sales

• a. Standards. Auctions and agricultural equipment sales shall comply with the following standards:

  • (1) Duration. Auctions and agricultural equipment sales shall be limited to three events per year, not to exceed seven days per event.

  • (2) Access. Shall provide ingress and egress designed so as to avoid traffic congestion;

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• (3) Roads. Shall be located on a public road or a private road in accordance with the general development standards set forth in Section 28.70.10.

• (4) Hours of Operation. Shall be limited to 8:00am until 6:00 pm Mondays through Sunday.

• (5) Prevent Offensive Noise, Dust, Glare, Vibration or Odor. Shall provide adequate controls or measures to prevent noise, dust, glare, vibration or odor.

3. HCD Agricultural Employee Housing

Agricultural employee housing as regulated by the State of California is permitted provided all necessary permits have been obtained from the State.

4. Labor Supply Employee Housing

Labor supply employee housing in an A District shall be located on a public road and where sanitary facilities are available.

5. Temporary Commercial Coach

• a. No Removal of Agricultural Uses. Siting of temporary commercial coaches utilized as temporary agricultural offices, shall not result in the removal of productive agricultural uses of the land.

• b. Time Limits. Temporary commercial coaches utilized as temporary agricultural offices, shall be permitted for up to 24 months, provided a building permit has been issued for the construction of a permanent agricultural office.

6. Livestock Auction Yard

• a. Standards. Livestock auction yards shall comply with the following standards:

  • (1) Access. Shall provide ingress and egress designed so as to avoid traffic congestion.

• (2) Roads. Livestock auction yards shall be located on a public road or a private road in accordance with the general development standards set forth in Section 28.70.10.

  • (3) Hours of Operation. Shall be limited to 8:00 am until 6:00 pm Mondays through Sunday.

  • (4) Prevent Offensive Noise, Dust, Glare, Vibration or Odor. Livestock auction yards shall provide adequate controls or measures to prevent noise, dust, glare, vibration or odor.

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• (5) Setback. All areas where livestock are kept, housed or confined shall be set back a minimum of 200 feet from any adjoining property line.

• (Ord. No. 1735, §§4, 5; Ord. No. 1831, §9; Ord. No. 1861, §4)