Ordinance No. 6081

Small-Scale Agricultural Processing Facilities & Farm Retail Sales

Adopted July 29, 2014

An Ordinance Of The Board Of Supervisors Of The County Of Sonoma, State Of California, Adopting a Negative Declaration and Amending Text Of Chapter 26 (Zoning Ordinance) Of The Sonoma County Code To Allow Small-Scale Agricultural Processing Facilities And Farm Retail Sales To Be Permitted Through A Ministerial Zoning Permit Process In The Land Intensive Agriculture (LIA), Land Extensive Agriculture (LEA), Diverse Agriculture (DA) And Resources And Rural Development (RRD) Zoning Districts Provided That Specified Performance Standards Can Be Met; Allow, As A Permitted Use, Additional Temporary And Seasonal Sales At Farm Stands In The Above Districts; And Allow Farm Retail Sales To Be Allowed With A Use Permit In The Agricultural And Residential (AR) Zoning Districts.

Exhibit A
Exhibit B

The Board of Supervisors of the County of Sonoma, State of California, ordains as follows:

Section I Findings

The Board also finds that this ordinance further the goals of the Sonoma County General Plan by establishing provisions to facilitate small-scale agriculture processing and onsite sales in agricultural areas while assuring that the scale of such facilities will be subordinate and secondary to onsite agricultural production, that land use conflicts and environmental impacts are avoided or mitigated, and that rapid and efficient permit processing procedures are established for small-scale uses.

The Board further finds that this ordinance will further the goals of the Sonoma County General Plan by providing a simplified permitting process for small-scale agricultural procession and farm retail sales that will support diversification of agricultural operations and encourage economic viability of small farms.

The Board further finds that the zoning code amendments enacted by this ordinance are also consistent with and supportive of the County's Strategic Plan goals to support agriculture and agribusiness and to support the viability of agriculture and the preservation of agricultural resources for food production.

The Board further finds that direct sales of agricultural products benefits the agricultural community and the consumer by, among other things, providing an alternative method for growers to sell their products direct to consumers while benefiting the consumer by supplying quality fresh produce and farm products at reasonable prices.

The Board further finds that based upon the information contained in the Initial Study dated March 21, 2014 and included in the project file, the changes to the zoning code to implement the General Plan policies to allow small-scale agricultural processing and farm retail sales with expedited permit processing in agricultural and resource zones will not result in any significant environmental effects from the ordinance or from facilities subsequently approved under it because the ordinance contains specific performance standards and limitations that reduce all impacts below a level of significance. Changes to allow farm retail sales in the AR zone with a use permit will allow any potential impacts or land use conflicts to be addressed through the permit process.

Section II Amendments to Definitions

Section 26-02-140 (Definitions) of Chapter 26 of the Sonoma County Code is amended to add or amend the following definitions to read as follows:

Farm Stand means an area for the temporary or seasonal sales and promotion of agricultural products that are grown or raised on the site and pre­ packaged, shelf stable goods processed from onsite agricultural production, excluding alcoholic products. Examples include: produce, eggs, honey, jams, pickles, nuts, olive oil, and similar products. Farm stands must be consistent with Section 47050 of the Food and Agricultural Code and Section 113778.2 of the Public Health and Safety Code. Sampling of products grown on-site may be allowed with a Retail Food Facility Permit. Incidental sales of merchandise or goods not produced on site is limited to ten percent of the floor area up to a maximum of 50 square feet. See also Tasting Room or Farm Retail Sales.

Farm Retail Sales Facility means a small-scale retail facility for year-round sales of agricultural products grown or raised on the site or other properties owned or leased by the farm operator, and pre-packaged goods processed from onsite agricultural production, excluding alcoholic products. Examples include dairy and meat products that require refrigeration. Small-scale farm retail sales must be in compliance with Section 26-88-215 of the County Code. Sampling of products grown or processed on-site may be allowed with a Retail Food Facility Permit. Incidental sales of merchandise or goods not produced onsite is limited to ten percent of the floor area up to a maximum of 50 square feet. See also Tasting Room or Farm Stand.

Tasting Room means a retail food facility in which one or more agricultural products grown or processed in the county may be tasted and sold. Agricultural products sold may include alcoholic beverages.

Cottage Food Operation - means an enterprise operating from a primary residence where specified low-risk food products are prepared, packaged or sold to consumers pursuant to the California Homemade Food Act. Cottage food operations must have current food service permits from Sonoma County Environmental Health and comply with the criteria of Health and Safety Code section 113758, 11837, 114365, et al., including the allowance for one cottage food employee in addition to the onsite resident cottage food operator and maximum sales of $50,000.

Community Supported Agriculture - means system by which people purchase, typically through monthly subscription, a share from a local farm and periodically receive fresh produce or other agricultural products produced or processed on site.

Section Ill The following Sections of Chapter 26 of the Sonoma County Code are added

• Section 26-04-010 (m) (Permitted uses) - LIA Land Intensive Agriculture District
• Section 26-06-010 (q) (Permitted uses) - LEA Land Extensive Agriculture District
• Section 26-08-010 (p) (Permitted uses) - DA Diverse Agriculture District
• Section 26-10-010 UD (Permitted uses)- RRD Rural and Resource Development District

Section IV The following Sections of Chapter 26 of the Sonoma County Code are amended

• Section 26-04-010 (Permitted uses) - LIA Land Intensive Agriculture District
• Section 26-06-010 (Permitted uses) - LEA Land Extensive Agriculture District
• Section 26-08-010 (Permitted uses) - DA Diverse Agriculture District to revise the following subsections to read as follows:
  1. Incidental cleaning, grading, packing, polishing, sizing, storage and similar preparation of crops which are grown on the site, but not including agricultural processing;
  2. (1) Farm stand for the temporary or seasonal sales and promotion of crops grown or animals raised on the site including Community Supported Agriculture, U-Pick and U-Cut operations.
     (2) Farm Retail Sales Facility subject to issuance of a zoning permit and compliance with Section 26-88-215;

• Section 26-10-010 (Permitted uses) - RRD Rural and Resource Development District is amended to revise the following subsections to read as follows:
  1. Incidental cleaning, grading, packing, polishing, sizing, storage and similar preparation of crops which are grown on the site, but not including agricultural processing;
  2. (1) Farm stand for the temporary or seasonal sales and promotion of crops or fuel wood which are grown on the site, including Community Supported Agriculture, U-Pick and U-Cut operations
     (2) Farm Retail Sales Facility subject to the issuance of a zoning permit and compliance with Section 26-88-215;

Section V Section 26-16-010 (Permitted uses)

(i) Incidental cleaning, grading, packing, polishing, sizing, storage and similar preparation of crops which are grown on the site, but not including agricultural processing;

(k) Farm stand for the temporary or seasonal sales and promotion of agricultural products grown or processed on site (including sampling of non-alcoholic products processed on site, tours, educational visits, but not tasting rooms that sell or serve alcoholic beverages or consumption of alcoholic beverages by retail consumers or the public);

Section VI Section 26-16-020 (Uses permitted with a use permit)

AR Agriculture and Residential District is amended to revise the following subsection to read as follows:

(y) Small-scale farm retail sales facility

Section VII Article 88 of Chapter 26 of the County Code

is hereby amended to add Subsection 26-88-210 (Small-scale Agricultural Processing Facility) as shown in Exhibit A.

Section VIII Article 88 of Chapter 26 of the County Code

is hereby amended to add Subsection 26-88-215 (Small-scale Farm Retail Sales Facility) as shown in Exhibit B.

Section IX Environmental Determination

An Initial Study and Negative Declaration were prepared and circulated to the public for a 20-day period from March 21 to April 10, 2014. The Negative Declaration has been reviewed and considered, together with comments received during the public review process, in accordance with the California Environmental Quality Act (CEQA) and County CEQA Guidelines, and The Board finds on the basis of the whole record before it that there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the independent judgment and analysis of the Board. The Director of Permit and Resource Management Department is directed to file a Notice of Determination in accordance with CEQA. 

Section X Stay of Enforcement

All zoning enforcement actions related to existing small-scale agricultural processing facilities and farm retail sales facilities which do not have prior authorization under Chapter 26 of the Sonoma County Code shall be stayed for a period of 180 days from the effective date of this ordinance provided that the operator has submitted a complete application to the Permit and Resource Management Department within the 180 day period to obtain all necessary permits and the permit process is pursued with diligence by the operator, the stay shall remain in effect until final approval or denial of the application by the County.

The Permit and Resource Management Department cannot stay enforcement of state accessibility regulations and any accessibility complaint received must be abated in accordance with state law. Voluntary disclosure and permit applications to legalize existing small-scale agricultural processing and farm retail sales facilities shall not be considered an accessibility complaint and shall not be referred to code enforcement provided that all required applications are submitted within the 180 day period.

Section XI Severability

If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion(s) of this Ordinance. The Board of Supervisors hereby declares that it would have passed this Ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

Section XII Effective Date

This Ordinance and all amendments to the Sonoma County Code as set forth within shall be and the same is hereby declared to be in full force and effect from and after thirty (30) days after the date of Board adoption. This Ordinance shall be published once before the expiration of fifteen (15) days after adoption, with the names of the Supervisor's voting for or against the same, in The Press Democrat, a newspaper of general circulation published in the County of Sonoma, State of California.

Section XIII Custodian of Documents

The Clerk of the Board of Supervisors shall be the custodian of the documents and other materials which constitute the record of the proceedings upon which the Board's decision is based. These documents may be found at the office of the Clerk of the Board, 575 Administration Drive, Room 100-A, Santa Rosa, California 95403.

In Regular Session of the Board of Supervisors of the County of Sonoma, introduced, passed, and adopted this 29th day of July, 2014, on regular roll call of the members of said Board by the following vote:

Supervisors:

Gorin: Aye
Zane: Aye
McGuire: Aye
Carrillo: Aye
Rabbitt: Aye

Ayes: 5
Noes: 0
Absent: 0
Abstain: 0

So Ordered.

Whereupon, the Chair declared the above foregoing Ordinance duly adopted and attested and signed by the Chair of the Board of Supervisors and attested by Clerk of the Board of Supervisors