Solano County Zoning Code § 28.75 Tourist Uses

• A. General Requirements. Agritourism, incidental to the principal agricultural use of the property for commercial agricultural purposes, as permitted in the applicable zoning district, must meet the applicable development standards delineated in the zoning district and comply with the following:

  1. General Development Standards. No use of land or buildings shall be conducted except in compliance with the general development standards in Sections 28.70.10 and 28.70.20.

  2. Access. Shall have ingress and egress designed so as to avoid traffic congestion and hazards and 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. Truck Loading. Shall provide an adequate truck loading area together with ingress and egress designed to avoid traffic hazard and congestion.

  4. Encroachment Permit Required. All connections to County roads shall meet the encroachment permit requirements of the Public Works – Engineering Division, which generally include, but shall not be limited to, paving of the connection within the County road right-of-way.

  5. Parking. Adequate off-street parking shall be provided; parking areas and driveways shall be treated as necessary to control dust. 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 Building Code.

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6. Outdoor Storage. Outdoor storage incidental to the primary use of the parcel for agritourism purposes is permitted, provided the area devoted to outdoor storage is screened from public view.

• B. Specific Requirements. The specific agritourism uses listed below shall comply with each provision of subdivision (A) of this section and the following specific standards:

  1. Agricultural Homestay. An agricultural homestay incidental to the principal agricultural use on the property, as permitted in the applicable zoning district, must meet the applicable development standards delineated in the zoning district and comply with the following:

  • a. Shall be restricted to one single-family dwelling, or one single-family dwelling plus a legally established guest house, which is the primary residence of the agricultural homestay operator. No accessory structure shall be allowed for use as transient occupancy. Shall not be permitted in any of the following: nonhabitable structures; tents, RVs, or other provisions intended for temporary occupancy; second dwelling units or accessory dwelling units; structures or dwellings with county covenants or agreements restricting their use, including but not limited to affordable housing units, agricultural employee units, or farmworker housing. A vacation house rental is not an agricultural homestay, even if the property owner resides in another dwelling unit on the same property.

  • b. Shall be located on a farm on which the production of agricultural products is the resident family’s primary source of income.

• c. Maximum of five guest rooms. The maximum overnight occupancy for agricultural homestays shall be two persons per guest room, not including children under three years of age. If a lower limit is stated on the applicable septic permit, the maximum overnight occupancy shall be that stated on the septic permit.

  • d. Shall provide one off-street parking space for each guestroom, plus two spaces for the dwelling. No off-site or on-street guest parking shall be allowed.

  • e. Ancillary activities such as weddings, receptions, fundraisers, or similar events attended by nonguests are prohibited unless the agricultural homestay is also approved as a special event facility.

  • f. The operator shall reside on site during all times that guests are present.

  • g. Food service, if provided, shall be limited to registered guests and shall comply with the California Retail Food Code.

  • h. Signage shall be limited to one nonilluminated wall-mounted sign not to exceed four square feet in area.

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• i. The operation of an agricultural homestay is subject to transient occupancy tax (Chapter 11, Art. II) and requires a business license (Chapter 14). The transient lodging registration certificate and business license shall be posted in a conspicuous place on the premises prior to operation of the business. The operator or authorized agent shall include the TOT certificate number and business license number on all contracts or rental agreements, and in any advertising or websites.

• j. An agricultural homestay stay shall be permitted only in compliance with the requirements and standards of this section and all other requirements of the applicable zoning district, subject to the issuance of a administrative permit. The administrative permit shall expire upon sale or transfer of the property or upon the owners moving their primary residence off the property, unless there is a tenant farmer continuing to operate the farm and homestay.

• k. For purposes of the administrative penalty provisions in Chapter 10 and the business license requirements in Chapter 14, this subdivision (B)(1) is part of the County’s shortterm rental ordinance.

2. Agritourism Facility. An agritourism facility shall meet the following requirements:

• a. Ingress/Egress. 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. 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-of-way. Must have two 20-foot minimum connections to a public road, or a release from the applicable fire protection district.

• b. Food Vendors. Permittee is responsible for ensuring all food vendors operating at an agritourism facility secure food permits with the Division of Environmental Health.

• c. Kitchen Facilities. Any kitchen used for the preparation, storage, handling, or service of food at an agritourism facility shall be permitted as a food facility by the Division of Environmental Health.

  • d. Hours of Operation. All events shall start no sooner than 10:00 a.m. and end by 10:00 p.m. each day. Facility setup and cleanup shall be allowed between the hours of 8:00 a.m. to 11:00 p.m. The public and all guests of an event shall be off the property by 10:30 p.m.

  • e. Nuisance.

    • (1) Fugitive Dust. All events located on sites with access from unpaved dirt roads and events which proposed unpaved on-site access roads and parking areas shall require the use of water trucks, sprinkler system or other practices acceptable to the

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applicable air quality management district, in sufficient quantities to prevent airborne dust.

• (2) Noise. Outdoor amplified sound may only occur on sites which demonstrate through an acoustical analysis that noise generated during proposed events will not exceed 65 dB when measured at the property lines.

• (3) Light and Glare. Any proposed outdoor lighting used during events shall be downcast and shielded so that neither the lamp nor the reflector interior surface is visible from any off-site location.

(4) Odor. Must take steps to minimize odor on adjacent properties.

• f. Sanitation. Permittee must provide approved sanitation facilities of adequate capacity that are accessible to attendees and food vendors, including restrooms, refuse disposal receptacles, potable water, and wastewater facilities.

• g. Screening of Parking. Shall provide a minimum six-foot solid board fence or masonry wall separating parking areas from abutting R District parcels.

• h. Setbacks. Must be set back 300 feet from any property line. Parking areas shall not be located any closer than 200 feet to an adjoining property.

• i. Use of Existing Structures. The use of existing permanent structures is limited to existing structures that are permitted for commercial and public assembly occupancy and are in compliance with Americans with Disabilities Act (ADA) where applicable. Any interior remodeling of an existing structure is limited to that needed to meet building occupancy and ADA requirements without expansion of the footprint.

• j. Construction of New Structures. All new structures proposed for an agritourism facility shall be located off prime agricultural land.

• k. Other Permits and Licenses. Must obtain any other required permits from Federal, State or local agencies.

• l. Traffic Control. For any agritourism facility accommodating 500 people or more, the applicant shall prepare a diagram of proposed traffic routing and direction signs, along with an estimate of traffic volume expected for the event. This shall be submitted with the land use permit application.

(Ord. No. 1735, §6; Ord. No. 1749, §5 (Exh. 5); Ord. No. 1845, §§11, 12, 13; Ord. No. 1861, §4)

(Revised 7/25)

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• A. General Requirements. Agritourism, incidental to the principal agricultural use of the property for commercial agricultural purposes, as permitted in the applicable zoning district, must meet the applicable development standards delineated in the zoning district and comply with the following:

  1. General Development Standards. No use of land or buildings shall be conducted except in compliance with the general development standards in Sections 28.70.10 and 28.70.20.

  2. Access. Shall have ingress and egress designed so as to avoid traffic congestion and hazards. Shall have direct access from a public or private road in accordance with the general development standards set forth in Section 28.70.10.

  3. Truck Loading. Shall provide an adequate truck loading area together with ingress and egress designed to avoid traffic hazard and congestion.

  4. Encroachment Permit Required. All connections to County roads shall meet the encroachment permit requirements of the Public Works – Engineering Division, which generally include, but shall not be limited to, paving of the connection within the County road right-of-way.

  5. Food Vendors. Permittee is responsible for ensuring that food vendors operating at a temporary agritourism use secure food permits with the Division of Environmental Health.

  6. Parking. Adequate off-street parking shall be provided; parking areas and driveways shall be treated as necessary to control dust. Parking areas shall not be located any closer than 200 feet to an adjoining property. 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 Building Code.

  7. Setback. Minimum setback from an adjacent street shall be the same as required for the main building.

  8. Kitchen Facilities. Any kitchen used for the preparation, storage, handling, or service of food at a temporary agritourism use shall be permitted as a food facilities by the Division of Environmental Health.

  9. Exterior Lighting. Temporary agritourism uses shall provide lighting capable of providing adequate illumination for security and safety. Lighting shall be downcast and/or directed away from adjacent properties and public rights-of-way to prevent offensive light or glare.

  10. Sanitation. Permittee must provide approved sanitation facilities of adequate capacity that are accessible to attendees, staff, and any food vendors, including restrooms, refuse disposal receptacles, potable water and wastewater facilities.

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11. Operational Controls. Shall show that adequate controls or measures will be taken to prevent offensive noise, light or vibration.

12. No Removal of Agriculture. No existing agriculture shall be removed in order to facilitate the conduct of a temporary agritourism use.

13. Incidental Retail Uses. Temporary agritourism uses of land, buildings, or structures may include incidental retail uses customarily found at such establishments.

14. Outdoor Storage. Outdoor storage incidental to the primary use of the parcel for temporary agritourism purposes is permitted, provided the area devoted to outdoor storage is screened from public view.

• B. Specific Requirements. The specific temporary agritourism uses listed below shall comply with the general requirements in subdivision (A) of this section and the following specific standards:

  1. Amusement and Entertainment Uses. Amusement and entertainment uses incidental to the principal agricultural use on the property, as permitted in the applicable zoning district, must meet the applicable development standards delineated in the zoning district and comply with the following:

  • a. Shall show that adequate measures and controls shall be taken to prevent offensive noise, odors and dust, and shall have a minimum six-foot-high, solid board fence or masonry wall separating the lot from abutting residential uses.

  2. Certified Farmers Market. A certified farmers market incidental to the principal agricultural use on the property, as permitted in the applicable zoning district, must meet the applicable development standards delineated in the zoning district and comply with the following:

  • a. The farmers market shall be operated, maintained and managed by the property owner or occupant.

  • b. Only the producer or the producers’ parents, children, grandparents and grandchildren or a relative regularly residing in the producer’s household or an employee of the producer may sell the producer’s products at the market. An employee is any person employed by the producer at a regular salary or wage, on either a full- or part-time basis. It does not include a person who is reselling or for whom compensation is primarily based on a commission on sales. Proof of status of an employee is an authorized agreement proving that the person selling is an employee of the qualified seller. An employee may not sell for more than one qualified seller at a time.

  • c. The sale and inventory of prepackaged food; provided, that such food sales and inventory comply with the requirements of the Department of Resource Management, Environmental Health Services Division, and are from an “approved source” and are

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not a “potentially hazardous food” as defined by the California Health and Safety Code, are permitted.

• d. “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 10 percent of the total sales area.

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

• f. Shall have ingress and egress designed so as to avoid traffic congestion and hazards. Shall have direct access from a public or private road in accordance with the general development standards set forth in Section 28.70.10. 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-of-way.

  • g. Shall provide adequate controls or measures to prevent dust, odor or glare.

  • h. 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 Building Code.

  • i. Shall obtain Department of Resource Management, Environmental Health Services Division approval, if required, prior to operation.

3. Seasonal Sales Lots. Outdoor sales and rental lots shall show that adequate measures and controls shall be taken to prevent offensive noise, glare, odors and dust.

4. Temporary Agritourism Event. Temporary agritourism events shall meet the following requirements:

• a. Ingress/Egress. 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. All connections to County roads shall meet the encroachment permit requirements of the Public Works Engineering Division, which generally include, but shall not be limited to, paving of the connection within the County road right-of-way.

• b. Hours of Operation and Duration. An event shall start no sooner than 10:00 a.m. and end by 10:00 p.m. each day. Facility setup and cleanup shall be allowed between the hours of 8:00 a.m. to 11:00 p.m. The public and all guests of an event shall be off the property by 10:30 p.m. An event shall be conducted for no more than 30 days.

(Revised 3/26)

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• c. Nuisance.

  • (1) Fugitive Dust. All events located on sites with access from unpaved dirt roads and events which proposed unpaved on-site access roads and parking areas shall require the use of water trucks, sprinkler system or other practices acceptable to the applicable Air Quality Management District, in sufficient quantities to prevent airborne dust.

  • (2) Noise. Outdoor amplified sound may only occur on sites which demonstrate through an acoustical analysis that noise generated during proposed events will not exceed 65 dB when measured at the property lines.

  • (3) Light and Glare. Any proposed outdoor lighting used during events shall be downcast and shielded so that neither the lamp nor the reflector interior surface is visible from any off-site location.

(4) Odor. Must take steps to minimize odor on adjacent properties.

• d. Parking. Must provide parking on-site to accommodate all guests. Parking shall be located in an open area with a slope of 10 percent or less, at a minimum ratio of one space per 2.5 attendees, on a lot free of combustible material, and on areas of the site that are not Class I soils as defined by the NRCS.

• e. Setbacks. Must be set back 300 feet from any property line.

• f. Use of Existing Structures. The use of existing permanent structures during an event is limited to existing structures that are permitted for commercial and public assembly occupancy and are in compliance with Americans with Disabilities Act (ADA) where applicable. Any interior remodeling of an existing structure is limited to that needed to meet building occupancy and ADA requirements without expansion of the footprint.

• g. Construction of New Temporary Structures. All new structures proposed for events shall be located off prime agricultural land.

• h. Lapse of Permit. A permit is valid for only one event and lapses if the event is not conducted on the specified date(s). Temporary agritourism event permits may be renewed on an annual basis for a total of three consecutive years, including the first year in which the permit is issued. Any agritourism event that extends beyond three consecutive years no longer qualifies as a temporary agritourism event and shall be regulated as an agritourism facility or other use specifically listed in the table of allowed uses for the applicable zoning district.

• i. Other Permits and Licenses. Must obtain any other required permits from Federal, State or local agencies.

(Revised 3/26)

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• j. Traffic Control. For any event anticipated to be attended by 500 people or more, the applicant shall prepare a diagram of proposed traffic routing and direction signs, along with an estimate of traffic volume expected for the event. This shall be submitted with the land use permit application for the event.

• k. Event Management Plan. Prior to operation, the permittee shall submit an event management plan to the Director of Resource Management or his designee for approval, which shall identify measures, procedures, and operational controls to manage potential nuisances such as fugitive dust, noise, light, glare, and odor. In addition, the event management plan shall identify measures and controls to manage any emergency which might reasonably arise during an event. Applicant must provide a list of emergency contacts for various responders to all staff and volunteers. Applicant shall identify a central location on the property which will serve as an emergency center with communications and fire and first aid equipment.

(Ord. No. 1735, §7; Ord. No. 1749, §6 (Exh. 6); Ord. No. 1821, §§14, 15; Ord. No. 1861, §4; Ord. No. 1867, §14)

A. Requirements. Vacation house rentals shall comply with the following general standards:

1. Zoning District Development Standards. A dwelling used as a vacation house rental shall meet all of the development standards for the zoning district in which it is located. If the dwelling includes a guest house, the guest house shall also meet those development standards.

2. Allowable Structures. A vacation house rental shall be limited to one single-family dwelling, or one single-family dwelling plus a legally established guest house, on the parcel. None of the following shall be used as or included as part of a vacation house rental:

• a. An accessory structure other than a legally established guest house.

• b. Nonhabitable structures, tents, RVs, or other provisions intended for temporary occupancy.

• c. A dwelling subject to a recorded governmental restriction, including covenants or agreements for affordable housing.

• d. A dwelling approved for limited types of occupancy, including employee housing or a companion living unit.

• e. A timeshare.

• f. Any dwelling unit on a lot created pursuant to Government Code Section 66411.7 or local ordinance adopted to implement Government Code Section 66411.7.

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• g. Any dwelling unit created pursuant to Government Code Section 65852.21 or local ordinance adopted to implement Government Code Section 65852.21.

• h. An accessory dwelling unit or junior accessory dwelling unit.

• i. A second single-family dwelling on the same parcel as the vacation house rental.

• j. A dwelling or guest house that is the subject of an enforcement action pursuant to any provision of this code.

3. Maximum Occupancy. Unless further restricted by other standards of this section, the maximum occupancy for a vacation house rental is up to two guests per bedroom, plus two additional guests per property, up to a maximum of 10 guests, not including children under three years of age.

4. Parking. One on-site parking space for each bedroom in the vacation house rental, including any guest house, must be provided and available for use by guests. If fewer than four on-site parking spaces are available, the maximum occupancy allowed for the vacation house rental is reduced accordingly. On-street parking is prohibited for any property on which a vacation house rental is located.

5. Events Prohibited. A vacation house rental may not be advertised, offered, or used as a special events facility, including use for events such as weddings, parties and similar events. No outdoor amplified sound is allowed.

6. Water and Wastewater. If the potable water supply is from an on-site well, the water quality must be approved by Environmental Health. A vacation house rental shall not exceed the design capacity of any on-site sewage treatment and disposal system, if so connected.

7. Fire Safety.

• a. A dwelling shall not be approved for use as a vacation house rental if, as of the date a complete permit application for such use is submitted, the property is located in an area designated as a Very High Fire Hazard Severity Zone by the State Fire Marshal.

• b. Except in the ASV-20 zoning district, a dwelling located in an area designated as a High Fire Hazard Severity Zone by the State Fire Marshal may be approved for use as a vacation house rental if the following findings can be made:

  • (1) The dwelling complies with the requirements in Sections 705A through 709A of the California Building Code, 2022 Edition;

  • (2) Access roads and driveways to the dwelling comply with the requirements of the State Minimum Fire Safe Regulations;

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• (3) On parcels not served with a fire hydrant within 1,000 feet of the dwelling, a minimum of 2,500 gallons of water storage is provided in addition to amounts required for domestic use or for sprinkler systems; and

• (4) Defensible space around the dwelling is provided and will be maintained at all times in accordance with Section 4291 of the Public Resources Code and implementing regulations.

• c. In the ASV-20 zoning district, a dwelling located in an area designated as a High Fire Hazard Severity Zone by the State Fire Marshal may be approved for use as a vacation house rental if access roads and driveways to the dwelling comply with the requirements of the State Minimum Fire Safe Regulations.

• d. A fire pit, fireplace, or other outdoor fire area or feature, if present, shall not be available for use by guests.

• e. The dwelling and each bedroom shall be equipped with functional smoke and carbon monoxide alarms. At least one functional fire extinguisher shall be available and readily marked.

• f. The operator shall inform guests of area fire risks and what to do in the event of wildfire, including information regarding evacuation routes from the property.

8. Taxes and Business License. The operation of an unhosted rental is subject to transient occupancy tax (Chapter 11, Art. II) and requires a business license (Chapter 14). The transient lodging registration certificate and business license shall be posted in a conspicuous place on the premises prior to operation of the business. The operator or authorized agent shall include the TOT certificate number and business license number on all contracts or rental agreements, and in any advertising or websites.

9. Insurance. The property shall be covered by commercial property insurance.

10. Good Neighbor Measures. The operator shall take reasonable measures to ensure guests at the vacation house rental will not cause excessive noise or otherwise adversely impact neighboring properties during their stay, and that guests are aware Solano County is a “right to farm” jurisdiction. Quiet hours are between 9:00 p.m. and 8:00 a.m. A Good Neighbor Flyer, developed by the Department, shall be posted within the interior of the rental unit by the front door and on the interior of each bedroom door.

11. Minimum Rental Term. The minimum rental term for a vacation house rental is two consecutive nights.

12. Signs. An exterior display with the name of the property owner or manager and a current contact phone number shall be located near the front door of the rental unit. Where the front door is not easily accessible from the road, a duplicate display sign shall be located on a

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fence or post near the entrance to the property. While a vacation house is rented, the owner or a property manager shall be available 24 hours per day, seven days per week, for the purpose of responding within 45 minutes to complaints regarding the condition of the property or the conduct of the guests using the vacation house rental.

13. Access. Shall have direct access from a public or private road in accordance with the general development standards set forth in Section 28.70.10. 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-of-way.

14. Duration of Permit. A vacation rental house shall be permitted only in compliance with the requirements and standards of this section and all other requirements of the applicable zoning district, subject to the issuance of a land use permit. The permit shall be subject to periodic renewal every five years and shall expire upon sale or transfer of the property. Reuse of the dwelling as a vacation house rental by a new property owner shall require approval of a new land use permit.

• 15 . For purposes of the administrative penalty provisions in Chapter 10 and the business license requirements in Chapter 14, this Section 28.75.30 is part of the County’s short-term rental ordinance.

• (Ord. No. 1798, §6; Ord. No. 1821, §16; Ord. No. 1845, §14; Ord. No. 1861, §4; Ord. No. 1867, §1)