Solano County Zoning Code § 28.23 Suisun Valley Agricultural Districts

Subdivisions

• 28.23.10 Purpose 28.23.11 Purposes of Agriculture - Suisun Valley District 28.23.12 Purposes of Agriculture Tourist Center Districts 28.23.20 Definitions Applicable only to the A-SV-20, ATC and ATC-NC Districts 28.23.30 Agriculture-Suisun Valley Uses and Permit Requirements 28.23.40 General Development Standards 28.23.50 Special Use Regulations 28.23.60 Design Guidelines and Design Review

The purpose of this Section is to preserve and enhance the environment and economy of the Suisun Valley as a rural agricultural community by maintaining the agricultural character, improving agricultural production and income, promoting agricultural products grown in Solano, and providing for agricultural tourist centers.

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This Section lists the uses of land allowed within the Agriculture-Suisun Valley and the Agriculture Tourist Center zoning districts (ATC and ATC-NC) zoning districts as established by Section 28.13 (Districts Designated and Established). It also determines the type of land use approval required for each use, and provides general standards for site development.

The majority of land within Suisun Valley is in agricultural use, producing grapes for wine, small grains, or other fruit crops. This farmland is essential to the Valley’s agricultural economy and quality of life. The standards in this section maximize the viability of the family farm by allowing uses that support agriculture and excluding incompatible uses.

Development of agricultural tourism is critical to the future viability of agriculture in Solano County. The standards in this section allow a variety of uses that will help foster small touristoriented centers within the Valley, help attract tourists, and provide additional opportunities to market local products

Retail Stores and Services:

Retail stores and services, businesses and professional offices providing convenience goods and services to serve a rural community and tourists to an agricultural area, conducted either entirely within a building or buildings on a single ownership or, where permitted, within a building and outdoors.

(Ord. No. 1831, §5)

• A. Allowable Uses. Table 28.23A identifies the land uses allowed by right in the agriculture – Suisun Valley (A-SV-20) district, the agriculture tourist center (ATC) district and the agriculture tourist center – north connector (ATC-NC) district, as well as the land use permit required to establish each use. In addition to the land use permit required by Table 28.23A, special requirements may apply to certain uses (see Section 28.23.50). Where the last column of Table 28.23A (Land Use regulations) includes a section number, e.g., 28.70, the zoning regulations in the referenced section apply to the use. Where the last column includes a chapter number, e.g., Chapter 13.6, the regulations in the referenced chapter of the Solano County Code section apply to the use. Provisions in other sections of this chapter or in other chapters of the Solano County Code may also apply.

• B. Building and Other Permits. A building permit, as required under Chapter 6.3, and any other permits required by the county code, shall also be required prior to any construction, demolition, or change of occupancy type.

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• C. Design Review. Design review, as described in Sections 28.23.60 and 28.103, shall be required for all new construction requiring a building permit within the agriculture – Suisun Valley (ASV-20) district and the agriculture tourist center (ATC and ATC-NC) districts. In performing design review, the zoning administrator or planning commission shall consider the Suisun Valley design guidelines as a manual for determining architectural approval.

TABLE 28.23A Table of Allowed Uses and Permit Requirements

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TABLE 28.23A Table of Allowed Uses and Permit Requirements (Continued)

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TABLE 28.23A Table of Allowed Uses and Permit Requirements (Continued)

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TABLE 28.23A Table of Allowed Uses and Permit Requirements (Continued)

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TABLE 28.23A Table of Allowed Uses and Permit Requirements (Continued)

Notes:

• 1. Products originating on site or off site on land owned or leased by the operator within Solano County.
• 2. Products originating on land not owned or leased by the operator within Solano County. In all cases, breweries and distilleries are classified as processing off-site products regardless of source, except for distillation conducted at a winery as part of wine production.
• 3. At least 25% of the grapes or other fruit used in production, averaged over 5 consecutive years, must be grown on site or off site on land owned or leased by the operator within Solano County. If less than 25% of the grapes are sourced in this way, then a Conditional Use Permit is required.
• 4. Repealed.
• 5. Special events as permitted with a Large Winery Use Permit.
• 6. Repealed.
• 7. Does not include a guest house.

(Ord. No. 1764, §5 (Exh. C); Ord. No. 1788, §2 (Att. A); Ord. No. 1794, §6; Ord. No. 1798, §3; Ord. No. 1803, §3; Ord. No. 1817, §7; Ord. No. 1821, §4; Ord. No. 1831, §4 (Exh. B); Ord. No. 1840, §7; Ord. No. 1845, §§17, 18; Ord. No. 1860, §5; Ord. No. 1864, §4)

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TABLE 28.23B Table of General Development Standards

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TABLE 28.23B Table of General Development Standards (Continued)

Notes:

• (1) The actual number of parcels allowed is determined through the applicable subdivision process, based on specific site characteristics and potential environmental impacts, and there is no guarantee that the maximum possible number may be achieved.

TABLE 28.23C Table of Development Standards for Accessory Buildings

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TABLE 28.23C Table of Development Standards for Accessory Buildings (Continued)

Notes:

• (1) Does not include a secondary dwelling as defined in Section 28.01.

• (2) Other setbacks may be required for specific uses listed in Table 28.23A, as referenced.

• (3) Greater separation between structures may be required by County Building Code.

(Ord. No. 1793, §2; Ord. No. 1817, §8; Ord. No. 1840, §6)

• A. Permit Required. Agricultural uses are permitted uses, subject to the permit requirements in Table 28.23A.

• B. Standards. Agricultural uses must meet the applicable development standards delineated in Tables 28.23B and 28.23C and comply with the following:

1. Temporary Auctions and Agricultural Equipment Sales.

• a. Permit Required. An Administrative Permit is required for temporary auctions and agricultural equipment sales uses, provided any such use shall meet the standards delineated in Table 28.23B. Administrative Permits shall be for a single auction and sales event. If a temporary auction and agricultural equipment sales use cannot meet the standards in subsection (2) of this section, then a Minor Use Permit shall be required.

• b. Standards. Temporary auctions and agricultural equipment sales in the A-SV-20 and ATC Districts shall comply with the following standards:

  1. Duration. Auctions and agricultural equipment sales shall be limited to one event per calendar year, not to exceed seven days per event.

  2. Access. Shall provide ingress and egress designed so as to avoid traffic congestion.

  3. Roads. Shall be located on a public road or a private road in compliance with the Solano County Road Improvement Standards and Land Development

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Requirements, as they may be amended from time to time. 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.

4. Hours of Operation. Shall be limited to 8:00 a.m. until 6:00 p.m. Mondays through Sundays.

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

2. PASTURED LIVESTOCK

• a. Permit Required. Pastured livestock operations are a permitted use, subject to the provisions below:

  1. When a Permit Is Not Required. A pastured livestock operation is a permitted use when the parcel is located is located more than 1,320 feet from any lot in an (R) District, and meets the standards in (b) below are met.

  2. When a Minor Use Permit Is Required. A pastured livestock operation is a permitted use upon approval of a Minor Use Permit, if the parcel is located within 1,320 feet on any lot in an (R) District, and/or any of the standards in (b) below cannot be met.

• b. Standards. Pastured livestock operations shall comply with the following general standards:

  1. Manage storm water to prevent feed and manure from entering any natural or constructed storm water facility or creek, stream or river,

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

3. Employee 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,

5. Contain no more than 5 crowing fowl, and

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

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

4. TEMPORARY AGRICULTURAL OFFICE

• a. Permit Required. A commercial coach may be used as temporary agricultural offices, incidental to the commercial agricultural operation on the property, as permitted in Table 28-23A, subject to the standards below:

b. Standards.

1. Building permit required. No commercial coach shall be used as temporary agricultural offices without first securing a building permit from the County of Solano.

2. Only one commercial coach or vehicle shall be allowed on the site,

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3. The commercial coach shall be either made permanent or removed upon the expiration of 24 months.

4. The commercial coach may not be used as a residence and shall meet all building setbacks applicable to permanent development on the parcel.

5. WINERIES

• a. Small winery. A small winery, as defined in Section 28.01, is allowed by right subject to compliance with the applicable development standards delineated in Tables 28-23B and 28-23C and as follows:

  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 conditional use permit is required for a small winery if less than 25 percent of the grapes or other fruit used in production are grown on site or off site on land owned or leased by the operator within Solano County.

4. A wine tasting and sales area must be no larger than 1,000 square feet or 30 percent of the size of the processing facility, whichever is greater.

5. A small or medium special events facility may be operated in conjunction with a small winery, provided an administrative permit or minor use permit is first secured.

• b. Medium winery. A medium winery, as defined in Section 28.01, is allowed by administrative use permit, subject to compliance with the applicable development standards delineated in Tables 28-23B and 28-23C and as follows:

  1. 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.

  2. A wine tasting and sales area must be no larger than 2,000 square feet or 30 percent of the size of the processing facility, whichever is greater.

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3. 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.

4. A Conditional Use Permit is required for a medium winery if less than 25 percent of the grapes or other fruit used in production are grown on site or off site on land owned or leased by the operator within Solano County.

5. A small or medium special events facility may be operated in conjunction with a medium winery, provided an Administrative Permit or Minor Use Permit is first secured.

• c. Large winery. A large winery, as defined in Section 28.01, is allowed with Conditional Use Permit, subject to compliance with the applicable development standards delineated in Tables 28-23B and 28-23C.

  1. A wine tasting and sales area must be no larger than 2,000 square feet or 30 percent of the size of the processing facility, whichever is greater. Size shall be determined by measuring the total roof covered area.

  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. Shall obtain Environmental Health Services Division, Department of Resource Management, and Fire Department approval, if required, prior to operating a special events facility in conjunction with the winery.

  4. Subject to subsection (B)(5)(c)(3) of this section, special events at large wineries are subject to the terms of the Conditional Use Permit.

(Ord. No. 1821, §6; Ord. No. 1840, §8; Ord. No. 1861, §4)

• A. Permit Required. Residential uses are permitted uses, subject to the permit requirements in Table 28-23A.

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• B. Standards. Residential uses must meet the applicable development standards delineated in Tables 28-23B and 28-23C and comply with the following:

1. AGRICULTURAL EMPLOYEE HOUSING.

• a. Permit Required. Agricultural employee housing is a permitted use upon approval of an Administrative Permit, provided it meets the standards in (b) below, otherwise a Minor Use Permit is required.

• b. 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 upon approval of a Conditional Use Permit and subject to the following conditions as well as the applicable development standards delineated in Tables 28-23B and 28-23C.

  • (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. SECONDARY DWELLING

• a. Standards. A secondary dwelling, as permitted in Table 28.23A, must meet the following specific development standards as well as the development standards delineated in Table 28.23B:

  • (1) The maximum size of the secondary dwelling shall not exceed 2,400 square feet of gross floor area. Notwithstanding this limit, the gross floor area of a detached secondary dwelling shall not exceed 80 percent of the gross floor area of the primary dwelling and the gross floor area of an attached secondary dwelling shall not exceed 50 percent of the gross floor area of the primary dwelling. If the secondary dwelling is established within an existing primary dwelling, the gross floor area of the secondary dwelling shall not exceed 33 percent of the existing gross floor area of the primary dwelling nor result in the gross floor area of the primary dwelling being less than 1,000 square feet.

  • (2) A secondary dwelling may be a detached structure or may be attached to another building on the same lot. If attached to another building, a separate exterior entrance shall be provided, independent from the entrance for the building to which it is attached.

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• (3) A secondary dwelling shall not be allowed on a parcel that has a companion living unit or other similar accessory housing unit. It shall be allowed under the following conditions:

  • (a) Use of an existing dwelling while the replacement dwelling is under construction, in accordance with Section 28.72.20(B)(6);

  • (b) Use of temporary dwelling while the primary dwelling is under construction, with a Use Permit;

  • (c) Agricultural employee housing or HCD agricultural employee housing, as permitted in Table 28.23A.

• (4) A secondary dwelling shall not be used as a vacation house rental unless approved for such use in accordance with Section 28.75.30.

• b. Existing Secondary Dwellings, Companion Living Units or Guest Houses. Secondary dwellings, companion living units or guest house, existing:

  • (1) A secondary living unit legally existing on the lot prior to February 1, 2011, which does not comply with the size or setback requirements of this section shall be considered legal nonconforming and subject to the provisions of Section 28.114 (“Nonconforming Uses”). Such use may continue; provided, that it is not enlarged, increased or otherwise modified and fully complies with any conditions of approval that may have been adopted.

  • (2) A guest house legally existing on the lot prior to February 1, 2011, and which does not conform to the standards described in Section 28.72.30, shall be considered legal nonconforming and subject to the provisions of Section 28.114 (“Nonconforming Uses”). Such a guest house may be converted to a secondary dwelling provided all of the following are met: (1) no other secondary dwelling is on the lot; (2) all facilities necessary to convert the structure to a dwelling, including cooking, sanitation, and parking facilities, shall be installed in compliance with County building and zoning standards as applicable; (3) either the primary residence or the secondary dwelling is owner-occupied; and (4) if the structure does not meet the size or setback requirements of this section for a secondary dwelling, it shall be considered legal nonconforming and subject to the provisions of Section 28.114 (“Nonconforming Uses”).

  • (3) A companion living unit legally existing on the lot prior to February 1, 2011, pursuant to an approved Conditional Use Permit, may be converted to a secondary dwelling provided all of the following are met: (1) no other secondary dwelling is on the lot; (2) the unit is installed on a foundation system as a fixture or improvement to the real property, in accordance with Section 18551(a) of the Health and Safety Code and implementing regulations; (3) either the primary

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residence or the secondary dwelling is owner-occupied; and (4) if the unit does not meet the size or setback requirements of this section, it shall be considered legal nonconforming and subject to the provisions of Section 28.114 (“Nonconforming Uses”). If an existing companion living unit is converted to a secondary dwelling, the conditions of the Use Permit shall no longer be applicable. If an existing companion living unit is not converted to a secondary dwelling, it shall remain subject to the conditions of the Use Permit, and shall be promptly removed from the lot upon expiration or revocation of the permit.

• (4) If both a secondary living unit and a companion living unit legally exist on the lot prior to June 13, 2008, the secondary living unit shall be considered the secondary dwelling on the lot and the companion living unit may continue on the lot as a temporary dwelling for the remaining term of the Conditional Use Permit.

• (5) Additional Extensions. A companion living unit legally existing on the lot prior to February 1, 2011, pursuant to an approved Conditional Use Permit which expires, may be extended for a temporary period, not to exceed two years, upon securing a Minor Use Permit, provided:

  • (a) All of the findings made in the original Use Permit still apply.

  • (b) The property owner and the occupant of the companion living unit have not changed since the original issuance of a Use Permit.

3. Temporary Dwellings and Accommodations

• a. General Development Standards. All temporary accommodations shall comply with the standards in Tables 28.23B and Table 28.23C, as well as the standards in (b) and (c) below.

b. Security Quarters for a Business Operation

• (1) Permit Required. Security quarters for a business operation may be established as permitted in Table 28-23A, subject to the standards below:

• (2) Standards. Commercial coaches, manufactured homes or recreational vehicles may be maintained on a building site for use as a security guard or watchman’s quarters during periods of construction of structures on the site, provided:

  • (a) Building Permits have been issued for the construction of the structures,

  • (b) Only one security coach or vehicle shall be allowed on the site,

  • (c) The security coach or vehicle shall be removed upon completion of construction of the structures.

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• (d) The manufactured home or recreational vehicle may not be used as a residence and shall meet all building setbacks applicable to permanent development on the parcel.

• (e) A recreational vehicle shall be connected to permanent power and utilities provided by the installation of an RV pad. The RV pad shall be removed at the completion of construction of the structures.

c. Temporary Dwellings

• (1) Permit Required. Temporary dwellings may be temporarily allowed during the construction of a permanent dwelling as permitted in Table 28-23A, subject to the standards below:

• (2) Standards. Temporary dwellings may be permitted subject to the standards below:

  • (a) Building Permits have been issued for the construction of the permanent dwelling,

  • (b) The manufactured home shall meet all building setbacks applicable to permanent development on the parcel.

  • (c) The manufactured home shall be removed 60 days after final inspection of the permanent dwelling

d. Temporary Mobilehome Storage

• (1) Permit Required. Storage of mobilehomes shall be allowed in the A-SV-20, A-TC or A-T-C-NC Districts upon issuance of an Administrative Permit by the Zoning Administrator; provided, the Zoning Administrator finds the conditions of this Section have been or will be met. A permit shall be issued upon submission of an application and payment of such fees as may be set by the Board of Supervisors pursuant to Section 11-111 of this code. The Zoning Administrator may require the submission of such information deemed necessary to make this determination, and may require the posting of security satisfactory to the Zoning Administrator to guarantee performance of any conditions.

• (2) Standards. Storage of mobilehomes shall meet the standards below:

  • (a) The number of units stored shall be limited to one (1) per ownership.

  • (b) The term of a permit shall not exceed one (1) year. In no case shall more than two (2) six month time extensions be granted or a successive permit is issued.

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• (c) All utilities must be disconnected and remain disconnected from a stored mobilehome.

• (d) All appurtenances shall be removed including skirting, decking, and awnings.

• (e) A stored mobilehome shall not be occupied or otherwise utilized.

• (Ord. No. 1840, §9; Ord. No. 1845, §3)

• A. Permit Required. Recreation, education and public assembly uses are permitted uses, subject to the permit requirements in Table 28-23A.

• B. Standards. Recreation, education and public assembly uses must meet the applicable development standards delineated in Tables 28-23B and 28-23C.

• (Ord. No. 1821, §7)

• A. Permit Required. Retail trade uses are permitted uses, subject to the permit requirements in Table 28.23A.

• B. Standards. Retail trade uses must meet the applicable development standards delineated in Tables 28.23B and 28.23C and comply with the following:

1. Retail Stores and Services.

• a. Permit Required. Retail stores and services are permitted uses, subject to the provisions below:

  • (1) A Use Permit is not required when the building area is 1,500 square feet or less and the use is conducted entirely within the building.

  • (2) A Minor Use Permit is required when the building area exceeds 1,500 square feet or where any outdoor or yard area is utilized for the provisions of goods and services, regardless of the size of the building area.

• b. Standards. Retail stores and services, as permitted in Table 28.23A, must meet the applicable development standards delineated in Tables 28.23B and 28.23C and comply with the following:

  • (1) Shall provide adequate utilities, access roads, drainage and other necessary facilities.

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• c. Conditional Uses. Conditional uses, provided the conditions for a Use Permit and requirements set forth in Section 28.106 are fulfilled:

  • (1) A Use Permit shall not be approved unless the nature of the business is found to be consistent with the intent of the Agricultural Tourist Center (ATC or ATC-NC) zoning district.

2. Farm Stand.

• a. Standards. A farm stand, as permitted in Table 28.23A, must meet the applicable development standards delineated in Tables 28.23B and 28.23C and comply with the following:

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

  • (2) Stand Size Calculation. Size, as regulated in Table 28.23A, shall be determined by measuring the gross floor area. Where a farm stand is operated within a portion of a larger building, the farm stand shall be functionally separated from the remainder of the building by either temporary or permanent walls and size shall be determined by measuring the gross floor area of the enclosed space plus any outdoor display area.

  • (3) Product Sales Requirement. The following table lists product sales requirements for a farm stand, subject to the restrictions set forth in subdivision (B)(2)(a)(4) of this section:

• (4) At least 25 percent of the agricultural products sold shall be grown or produced on site or off site on land within Solano County owned by or leased by the farm stand operator, or grown or produced within Solano County and provided to the farm stand pursuant to a documented contractual agreement. The balance of the stand shall be used for the sale and inventory of crops or other products as regulated by this chapter, grown or produced on site or off site. Please note that nursery stock may only be grown and produced on land within Solano County.

• (5) Prepackaged Food Sales. A maximum area of 50 square feet may be used for the sale and inventory of prepackaged food; provided, that such food sale and inventory comply with the requirements of the Department of Resource Management, Environmental Health Services Division. Such food sale and

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inventory must be from an “approved source” and not a “potentially hazardous food” as defined by the California Health and Safety Code.

Any prepackaged food sales that do not meet these criteria, including the square footage requirement, are not allowed.

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

• (7) Ingress and Egress. 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-of-way.

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

• (9) Off-Street Parking Requirements. 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) Environmental Health Approval. Shall obtain Department of Resource Management, Environmental Health Services Division approval, if required, prior to operation.

• (11) Farm Stand Signs. A maximum of one awning, freestanding, projecting or wall sign is allowed reflecting the farm stand business on the property, with a maximum sign area of 32 square feet, notwithstanding and in addition to the signs contemplated by Section 28.96.80 (Zoning District Sign Standards). In addition, one sandwich board (i.e., A-frame) sign is allowed reflecting the farm stand business on the property, with a maximum sign area of nine square feet. All other applicable provisions of Section 28.96 (Sign Regulations) remain in effect.

• (12) Compatibility With Community. Shall be determined to be in harmony with the community character of the subject locality.

• (Ord. No. 1831, §6; Ord. No. 1840, §10; Ord. No. 1860, §7; Ord. No. 1863, §§3, 6)

• A. Permit Required. Tourist uses are permitted uses, subject to the permit requirements in Table 28-23A.

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• B. General Standards. Tourist uses must meet the applicable development standards delineated in Tables 28.23B and 28.23C and comply with the following:

  1. Within the A-SV-20 District, tourist uses shall be operated by the property owner or occupant, subject to possession of a valid Solano County business license, and shall be incidental to the principal agricultural use of the property.

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

  3. Shall have ingress and egress designed so as to avoid traffic congestion and hazards. Shall have direct access from a public or private road that complies with Solano County Road Improvement Standards and Land Development Requirements, as they may be amended from time to time. 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. The entrance, parking area, and walkways shall be kept free of obstructions or hazards of any type.

  4. Shall provide off-street parking in accordance with Section 28.94 unless additional parking is required by this section. Shall provide paved parking spaces, aisles, and pathways for the disabled in accordance with the Building Code.

  5. Shall obtain necessary approvals for sale of prepared food, including Department of Resource Management (if required) and Environmental Health Services Divisions, prior to operation.

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6. Shall obtain necessary approvals for adequate water supply and sewage disposal facilities prior to operation.

7. Shall obtain all necessary approvals with other County departments, if required, prior to operation.

C. Standards for Specific Agritourism Uses.

1. Bakeries, Cafes and Restaurants. A bakery, cafe, or restaurant as permitted in Table 28.23A. Such uses must meet the applicable development standards contained in Tables 28.23B and 28.23C.

2. Galleries. Such use must meet the applicable development standards delineated in Tables 28.23B and 28.23C.

3. Resort Hotel. Resort hotels may be permitted by Conditional Use Permit. Such uses must meet the applicable development standards delineated in Tables 28.23B and 28.23C and all standards specified in the Use Permit.

4. Special Events Facilities. Special events facilities may be permitted by Conditional Use Permit, incidental to the principal agricultural use on the property, except as specified for small and medium wineries above. Such use must meet the applicable development standards delineated in Tables 28.23B and 28.23C.

5. Marketing Events. Marketing events are allowed by right, incidental to the principal agricultural use on the property. Such use must meet the applicable development standards delineated in Tables 28.23B and 28.23C.

6. Bed and Breakfast Inn. Bed and breakfast inns must meet the applicable development standards delineated in Tables 28.23B and 28.23C and, within the A-SV-20 district, comply with the following:

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

• b. 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 bed and breakfast operator. 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; or on lands under Williamson Act contract. A vacation house rental is not a bed and breakfast inn, even if the property owner resides in another dwelling unit on the same property.

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• c. Maximum of five guest rooms. The maximum overnight occupancy for bed and breakfast inns 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 non-guests are prohibited unless the bed and breakfast inn 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. The operation of a bed and breakfast inn 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.

• i. A bed and breakfast inn 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 expire upon sale or transfer of the property. Reuse of the dwelling as a bed and breakfast inn by a new property owner shall require approval of a new Land Use Permit.

• j. For purposes of the administrative penalty provisions in Chapter 10 and the business license requirements in Chapter 14, this subdivision (C)(6) is part of the County’s shortterm rental ordinance.

7. Tasting Facilities. Tasting facilities are allowed by right, incidental to a principal agricultural processing use or winery on the property. Such use must meet the applicable development standards delineated in Tables 28.23B and 28.23C and comply with the following:

• a. Tasting facilities must be no larger than 2,000 square feet or 30 percent of the size of the processing facility, whichever is greater. Size shall be determined by measuring the total roof covered area.

• b. Products tasted and sold must by produced on site or off site on land owned or leased by the operator within Solano County.

(Revised 7/23)

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8. Local Products Store. Local products stores must meet the applicable development standards delineated in Table 28.23B.

9. Hotels. Hotels must meet the applicable development standards delineated in Table 28.23B, all standards specified in the Use Permit, and comply with the following:

• a. Shall have no more than 30 guest rooms.

10. Agricultural Homestay. An agricultural homestay is subject to compliance with the applicable development standards delineated in Table 28.23B and shall comply with the standards for agricultural homestays in Section 28.72.10.

D. Standards for Temporary Agritourism.

1. Permit Required. An administrative permit is required for agritourism uses, provided any such use shall meet the standards delineated in Table 28-23B. Permits issued under this shall be for a fixed term not to exceed one year, unless otherwise specified in this section. In the event that an agritourism use cannot meet the standards in this section, then a minor use permit shall be required to alter any of the standards in (2) below.

2. Standards.

a. Agritourism Events.

• (1) Agritourism events may be conducted as permitted in Table 28.23A, subject to the standards below:

  • (a) No agritourism event where liquor is served shall be conducted on a lot closer than 200 feet to any boundary of any residential district unless a use permit is first secured in each case.

b. Farmer’s Market.

• (1) A Farmer’s Market may be conducted as permitted in Table 28-23A, subject to the standards below:

  • (a) The Farmers Market shall be operated 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 show compensation is primarily based on a commission on sales. Proof of status of an employee is an authorized agreement proving

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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 complies with the requirements of the Department of Resource Management, Environmental Health Services Division, and is from an “approved source” and is not a “potentially hazardous food” as defined by the California Health and Safety Code is 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% 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. 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 light.

• (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.

c. Seasonal Sales Lots.

(1) Seasonal sales events shall be operated such that:

• (a) Adequate measures and controls shall be taken to prevent offensive noise, odors and dust, and,

• (b) Shall have a minimum six-foot high, solid board fence or masonry wall separating the lot from abutting residential uses.

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• (c) Seasonal sales events are limited to one 60 day period annually, per seasonal event.

(Ord. No. 1821, §8; Ord. No. 1831, §§7, 8; Ord. No. 1840, §11; Ord. No. 1845, §§4, 5, 6; Ord. No. 1861, §4)

• A. Permit Required. Commercial service uses are permitted uses, subject to the permit requirements in Table 28-23A.

• B. Standards. Commercial service uses must meet the applicable development standards delineated in Tables 28-23B and 28-23C and comply with the following:

  1. Access. Commercial service uses shall provide ingress and egress designed so as to avoid traffic congestion;

  2. Roads. Commercial service uses shall be located on a public road or a private road in compliance with the Solano County Road Improvement Standards and Land Development Requirements, as they may be amended from time to time. 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.

3. Prevent Offensive Noise, Dust, Glare, Vibration or Odor. Commercial service uses shall provide adequate controls or measures to prevent noise, dust, glare, vibration or odor.

(Ord. No. 1861, §4)

A. Specific Requirements for Temporary Construction and Infrastructure projects

1. On-site Construction Office, Storage and Construction Yard

• a. Standards. On-site construction offices, storage and construction yards while construction is being actively conducted pursuant to a valid building permit shall comply with the standards in Tables 28.23B and Table 28.23C, as well as the standards below.

  • (1) No Removal of Agricultural Uses. Facilities, temporary commercial coaches, construction yards for the storage of materials and/or construction vehicles shall not require the removal of productive agricultural uses of the land.

  • (2) Time Limits. On-site construction offices, storage and construction yards may be permitted for up to 24 months.

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• (3) Temporary Commercial Coach. A temporary commercial coach may be utilized on any construction site as an office. The commercial coach may not be used as a residence and shall meet all building setbacks applicable to permanent development on the parcel.

2. Off-Site Construction Office, Storage and Construction Yard

• a. Standards. Off-site construction offices, storage and construction yards shall comply with the standards in Tables 28.23B and Table 28.23C, as well as the standards below.

  • (1) No Removal of Agricultural Uses. Facilities, temporary commercial coaches, construction yards for the storage of materials and/or construction vehicles shall not require the removal of productive agricultural uses of the land.

  • (2) Time Limits. Temporary construction and public infrastructure uses shall be permitted for up to 24 months, provided a public infrastructure project which is actively under construction in the vicinity.

  • (3) Temporary Commercial Coach. A temporary commercial coach may be utilized on any lot as a construction office for a public infrastructure project.

• A. Purpose. The purpose of design review is to promote a quality rural character in new development for Suisun Valley and to unify the design and construction of individual neighborhood agricultural tourist centers into the existing agriculturally-focused context.

• B. Design Review Process. Design review is required for any new construction in the A-SV-20, A-T-C and A-T-C-NC Districts and shall follow the process described below:

  1. Preliminary Plan Review. Applicants should contact the Resource Management Department to schedule a preliminary application meeting to clarify the County approval process for their particular project and discuss the Design Guidelines as adopted by resolution of the Board of Supervisors.

  2. Final Design Review. Based upon the type of permitting required for the project, design review permits will be issued according the provisions of either (a) or (b), as described below:

  • a. Discretionary Permits. When a project requires a discretionary permit, including any rezoning, use permit, sign permit or variance, design review will be approved by the hearing authority as a part of the discretionary permit. The hearing authority shall consider recommendations from staff in its decision. The adopted Design Guidelines and any other established standards shall provide the basis for final approvals.

(Revised 7/25)

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• b. Non-discretionary permits. When a project requires a non-discretionary permit, such as an administrative permit or building permit, then the Director of Resource Management, or his or her designee, shall take action administratively on the design review within 10 days of filing of the non-discretionary permit. The Director shall consider recommendations from staff along with the adopted Design Guidelines and any other established standards shall provide the basis for final approvals.

• C. Design Guidelines. The Suisun Valley design Guidelines (Chapter 4 of the Suisun Valley Strategic Plan) shall serve as the guidelines for the design review of all new construction in the A-SV-20, A-T-C and A-T-C-NC Districts.

• D. Action by the Hearing Authority. The hearing authority shall take action to approve, conditionally approve or deny the design review within 10 days of the filing of a complete application for design review. If the hearing authority denies a design review permit, then the hearing authority shall provide the applicant with written descriptions of any development

(Revised 7/25)

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proposal design features in a form that constitutes recommended modifications to the project in order to clearly provide the applicant an understanding of the desired changes that would obtain an approval from the hearing authority.

• E. Findings. The hearing authority shall make the following findings prior to taking action to approve, or conditionally approve design review. The hearing authority finds that:

1. the project conforms to the Suisun Valley Design Guidelines,

2. the project will maintain and enhance the Valley’s agricultural character.

3. the project will maintain, enhance, or restore natural features.

4. the project will preserve the indigenous landscape and rural character.

5. the project will enhance quality of life and economic vitality.

6. the project will enhance the community brand and destination marketing the Valley.

7. the project will ensure the highest quality new construction.

8. the project will minimize site disturbance.

9. the project will preserve views of natural and cultural features.

10. the project will ensure compatibility of new projects with natural and rural landscapes.

• F. Approval. Design Review approval shall remain valid for a period of one year after which the approval shall lapse and become null and void. The issuance of a building permit shall constitute an extension of the Design Review approval which shall remain valid during the time period the building permit is considered active.

• G. Occupancy. No structure which has received Design Review approval shall be occupied or used in any manner or receive a certificate of occupancy until the Resource Management Department has inspected and determined that the structure(s) and site development comply with the Development Review approval.

• H. Appeals. Appeal from any finding or action by the Director of Resource Management or the Planning Commission, unless otherwise provided for in this Division, shall be made pursuant to Section 28-112.

• I. Amendments. Amendments or changes to existing plans: It shall be at the discretion of the Director of Resource Management to make a determination whether the proposed change or amendment constitutes a significant change requiring additional Design Review. In cases where such changes are determined to be minor in nature, the proposed changes shall be subject to administrative review and approval by the Director of Resource Management for compliance with the adopted Design Guidelines.

(Revised 8/15)

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• J. Submittal Requirements. All applications for Design Review shall be submitted to the Resource Management Department on forms approved by the Director of Resource Management and the Director shall establish written application instructions describing the type and size of drawings and other materials required for submittal.

• K. Fees. Fees for design review shall be established by the Board of supervisors pursuant to Section 11-110.4 of the County Code.