Title
Agricultural Department recommending the Board:
1) Receive and file an update on the Ranch Marketing and Winery Ordinance;
2) Adopt and authorize the Chair to sign Resolution 166-2024 to Amend Title 130 of the County Zoning Ordinance and initiate a Zoning Ordinance Update for Chapter 130.44 -Ranch Marketing, and Section 130.40.400 Wineries, Section 130.40.700 Lodging Facilities; and
3) Provide conceptual approval for the following changes to the Ranch Marketing and Winery Ordinances:
A) Require an annual administrative permit, to be processed by the Agricultural Department, to hold special events under the Ranch Marketing Ordinance or the Winery Ordinance;
B) Reduce the special events authorized by the Ranch Marketing Ordinance or Winery Ordinance to 12 per year, unless authorized by a special use permit or temporary use permit;
C) Create a process that an operator of a ranch marketing area or winery owner to hold an additional 2 special events per year, up to a maximum of 24 special events a year, for every confirmed additional 5 acres of crop cultivated;
D) Eliminate the requirement for a winery owner or the operator of the ranch marketing area to keep and provide to the County a complaint log during special events;
E) Establish a real estate disclosure requirement for agricultural properties related to ranch marketing;
F) Provide that contiguous properties under common ownership can be included for purposes of determining the acreage cultivated for qualifying for ranch marketing activities under the Ranch Marketing Ordinance or special events under the Winery Ordinance;
G) Other necessary or convenient changes to accomplish those goals and to promote economic development while ensuring agricultural production remains the primary use or function of the property; and
4) Provide conceptual approval for staff, in collaboration with the Agricultural Community, to address, if appropriate, changes related to Vacation Home Rentals and other forms of lodging and its interaction with lodging on Agricultural properties or properties including eligible for special events or other activities authorized under the Ranch Marketing Ordinance (Chapter 130.44), the Winery Ordinance (130.40.400), and Lodging Facilities (130.40.700).
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
On June 20, 2023, Legistar File 23-1143, the Board approved the final passage of amendments to Ranch Marketing and Wineries Ordinances and directed staff to return to the Board of Supervisors, Agricultural Commission (August 14, 2024) and Planning Commission (September 12, 2024) approximately one (1) year following the effective date of the Ordinance for an update. Staff was also directed to continue to define how to determine that agriculture production is the primary use or function of the property. The Department is reporting the update per the Boards direction.
On September 10, 2024, Legistar 24-1555, the Board directed staff to return with a high-level scope and schedule to revise the Ranch Marketing and Winery Ordinance to address the issues involving, but not limited to hosted rentals, detached guest houses, and Vacation Home Rentals.
Following the meeting, it was determined that it will be necessary to amend Chapter 130.40 - Ranch Marketing and Section 130.40.400 - Wineries of the County’s Zoning Ordinance.
An initial step in amending the Zoning Ordinance is the adoption of a Resolution of Intention (ROI), as required by Section 130.63.020 (Ordinance Amendments and Zone Change Applications) of the Zoning Ordinance.
ALTERNATIVES
The Board could choose not to approve the ROI for the Zoning Ordinance Update; however, this will cause delays in staff’s ability to revise the Ordinance.
PRIOR BOARD ACTION
On December 15, 2015, Legistar File 11-0356, the Board adopted Ordinance No. 5030 that established a comprehensive update to the Zoning Ordinance.
On April 13, 2021, Legistar File 21-0502, the Board approved and endorsed the Long-Range Planning Project Prioritization Matrix for Fiscal Year 2021-22, which included an update to the Ranch Marketing Ordinance.
On September 21, 2021, Legistar File 21-1495, the Board established a Ranch Marketing Ad Hoc Committee consisting of Supervisors Parlin and Thomas.
On July 26, 2022, Legistar File 22-1223, The Board adopted Resolution of Intention 114-2022 to Amend Title 130 of the County Zoning Ordinance and initiate a Zoning Ordinance Update for Sections 130.40.260 - Ranch Marketing and 130.40.400 - Wineries.
On January 17, 2023, Legistar File 23-0109, the Ranch Marketing Ad Hoc Committee, along with staff from the Department of Planning and Building and Agriculture Department, conducted a workshop on draft amendments to Title 130 of the County Code of Ordinances, Zoning, for Sections 130.40.260 - Ranch Marketing and 130.40.400 - Wineries.
On February 8, 2023, Legistar File 23-0277, the Agriculture Commission recommended to the Planning Commission and the Board of Supervisors, Approval of the Draft Ranch Marketing and Winery Ordinance.
On March 9, 2023, Legistar File 23-0435, upon conclusion of public comment the Planning Commission decided to continue the public hearing to April 27,2023 and directed staff to meet with certain interest groups including the community to discuss the Draft Ranch Marketing and Winery Ordinance.
On April 27, 2023, Legistar File 23-0435, the Planning Commission voted to forward staff’s recommendation to the Board of Supervisors with the addition that the Board direct staff to continue the discussion on defining the primary use of agriculture, add lighting to the list of issues that the designated local contact should provide a prioritized response and a follow up to return in a year to both the Agricultural Coming and Planning Commission.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel, Planning and Sheriff’s Department
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. Funding for the staff time associated with the Ranch Marketing Ordinance Update has been included in the FY 2024-25 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Thriving Economy
CONTACT
LeeAnne Mila, Agricultural Commissioner
Agricultural Department
Rob Peters, Deputy Director of Planning
Planning and Building Department