Title
HEARING - Agriculture Department recommending the Board consider proposed amendments to Title 130 - Zoning Ordinance of the County Ordinance Code (OR23-0001) to amend Section 130.44 - Ranch Marketing and Section 130.40.400 - Wineries and staff recommending the Board take the following actions, based on the Board of Supervisors Meeting of September 24, 2024:
1) Approve California Environmental Quality Act (CEQA) Addendum to the Targeted General Plan Amendment & Zoning Ordinance Update Final Environmental Impact Report consistent with Sections 15162 and 15164 of the CEQA Guidelines; and
2) Approve and authorize the Chair to sign Ordinance 5218 amending Title 130, sections 130.44 - Ranch Marketing and Section 130.40.400 - Wineries of the El Dorado County Code.
FUNDING: General Fund.
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DISCUSSION / BACKGROUND
The purpose of the amendments to Title 130 - Zoning Ordinance (OR23-0001) for Sections 130.44 - Ranch Marketing (Ranch Marketing Ordinance) and Section 130.40.400 - Wineries (Winery Ordinance) and conforming changes to the Zoning Ordinance relating to the ability of a ranch marketing operator or a winery owner to hold special events.
The proposed amendments include but are not limited to:
1) 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;
2) 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;
3) 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;
4) 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;
5) Establish a real estate disclosure requirement for agricultural properties related to ranch marketing;
6) 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;
7) 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.
Staff has met with various agricultural organizations in consideration of these changes, including but not limited to; El Dorado County Farm Bureau, El Dorado Wine Grape Growers, Fairplay Winery Association, Apple Hill Growers Association. Staff has also participated in multiple public outreach meetings and met with many constituents to address their concerns with proposed changes.
Proposed changes were brought to the Agricultural Commission for discussion and review on October 21, 2024, Legistar file 24-1780 to the Planning Commission on November 14, 2024, Legistar file 24-1869, and the Board of Supervisors on September 24, 2024. At the September 24, 2024 Board of Supervisors meeting resolution of intention 166-2024 was approved directing the agricultural department and the planning department to amend the zoning ordinance with the above changes.
Staff presented to the Agricultural Commission on October 21, 2024 and to the Planning Commission on November 14, 2024. All of the recommendations from both Commissions and staff responses are outlined in the attached staff memo.
The Board of Supervisors will also consider and vote on whether to recommend approval of the California Environmental Quality Act (CEQA) Addendum to the Targeted General Plan Amendment/Zoning Ordinance Update (TGPA/ZOU) Environmental Impact Report (EIR) consistent with Sections 15162 and 15164 of the CEQA Guidelines.
ALTERNATIVES
The Board could keep the current Ranch Marketing and Winery Ordinance without the suggested changes.
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.
On September 10, 2024, Legistar file 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.
On September 24, 2024, Legistar file 24-1534, the Board 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.
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
Following Board approval:
Publish the ordinance within 15 days after its passage in a newspaper of general circulation published and circulated in the County and send the full ordinance to Municode for codification following Final Passage.
STRATEGIC PLAN COMPONENT
Thriving Economy
CONTACT
LeeAnne Mila, Agricultural Commissioner
Agricultural Department
Rob Peters, Deputy Director of Planning
Planning and Building Department