HomeMy WebLinkAboutMINUTES - 07192005 - D3 I4m3
TO: BOARD OF SUPERVISORS
Contra
FROM: DENNIS M. BARRY, AICP � ..-�: �� �- Costa
COMMUNITY DEVELOPMENT DIRECTOR '� T;;r___; .�'. County
co
DATE: JULY 19 2005
SUBJECT: ACCEPT REPORT FROM THE COMMUNITY DEVELOPMENT DIRECTOR ON
RECOMMENDATIONS FROM THE CONTRA COSTA COUNTY AGRICULTURAL
ADVISORY TASK FORCE TO UPDATE ROADSIDE STAND REGULATIONS AND
ALLOW VALUE-ADDED OPERATIONS IN THE AGRICULTURAL CORE
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. ACCEPT report from the Community Development Director on the recent
recommendations from the Contra Costa County Agricultural Advisory Task Force.
2. AUTHORIZE staff from Community Development to initiate a General Plan
Amendment study, associated zoning ordinance amendments, and review of the
permit process for the purpose of updating roadside stand regulations and allowing
value-added uses incidental to agriculture within the Agricultural Core, as
recommended by the County Agricultural Advisory Task Force.
CONTINUED O-N ATTACHMENT: X YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON !_U I)V APPROVED AS RECOMMENDED eotTHER.,,
Af
e,��1
HEREBY CERTIFY THAT THIS IS A TRUE AND
CORRECT COPY OF AN ACTION TAKEN AND
VOTE OF SUPERVISORS ENTERED ON THE MINUTES OF THE BOARD OF
XUNANIMOUS(ABSENT� SUPERVISORS ON THE DATE SHOWN
AYES: NOES:
ABSENT: ABSTAIN:
Contact: Patrick Roche,Adv Ping.(925)335-1242 ATTESTED
CC: CAO JOHN SWEETEN, QQ9RK OF JHE BOARD OF
Clerk of the Board SUPERVISORS AND 60UNTY ADMINISTRATOR
County Counsel
E. Meyer,Agriculture Department �
C. Baltodano, Building Inspection Department
By '`,Q ,DEPUTY
K.Stuart, Environmental Health Div.
M.Shiu, Public Works Department
Members,Co.Ag.Adv.Task Force
July 19,2005
Board of Supervisors
Accept Community Developer Director Report On Recent Recommendations From Co.Ag.Adv. Task Force
Page 2
RECOMMENDATIONS
3. REQUEST staff from the Agriculture Department, Building Inspection Department,
Environmental Health Division, Health Department, and Public Works Department,to
cooperate, and, as necessary, provide technical assistance to the Community
Development Department in drafting updated roadside regulations, and
ENCOURAGE the County Agricultural Advisory Task Force and other agricultural
interest organizations to actively participate in this effort.
FISCAL IMPACT
Should the Board authorize the General Plan Amendment study, associated zoning ordinance
amendments, and review of the permit process for the purpose of updating roadside stand regulations
and allowing value-added uses incidental to agriculture within the Agricultural Core,this would bean
unfunded mandate and costs would be incurred for staff to undertake this activity. The cost of this
activity is estimated in the range of$20,000 to $25,000.
BACKGROUND / REASONS FOR RECOMMENDATION
Earlier this year the Contra Costa County Agricultural Advisory Task Force submitted a report and
recommendation to the Board of Supervisors concerning the need to update the County Ordinance
Code with respect to regulations for roadside stands and to enable farmers and ranchers to directly
market their products by establishing"value-added"agricultural enterprises on their property. A copy
of the report and recommendation from the County Agricultural Advisory Task Forces is listed under
Attachment "A".
The County Agricultural Advisory Task Force is specifically recommending that in order to expand the
ability of farmers and ranchers to directly market their products the County's regulations on roadside
stands need to be updated. At the present time the County Ordinance Code recognizes the right to
sell only products grown on the premises at roadside stands of 200 and 400 square feet depending on
the agricultural zoning district. As described in their recommendations,the Task Force believes that
the Code's regulation of roadside stands in terms of size and limitation to sale of products grown on
the premises is far too restrictive, it does not reflect the realities of today's agricultural economy, and it
acts as a disincentive to promoting and retaining agriculture in the County.They are recommending a
significant re-writing of the regulations by establishing three new categories: Growers Markets,Grower
Stands, and U-Pick Operations. The new Growers Market category would allow through a conditional
use permit in all agricultural zoning districts the sale of any raw or processed agricultural product
grown in Contra Costa County in a permanent or temporary structure up to 3500 square feet of floor
area. The Growers Market category would also allow up to 25%of the floor area to be used for sale of
non-agricultural products or agricultural products not grown in Contra Costa County.The new Growers
Stand category would permit the establishment of a roadside stand of not more that 1500 square feet
in all agricultural zoning districts for the purpose of selling any raw agricultural product grown in the
County and any value-added agricultural product not intended for human consumption, and it would
allow up to 5% of the floor area to be use for sale of taxable items or sale of other items that promote
or educate the public about agriculture.
July 19,2005
Board of Supervisors
Accept Community Developer Director Report On Recent Recommendations From Co.Ag.Adv. Task Force
Page 3
BACKGROUND / REASONS FOR RECOMMENDATION- continued
The new U-Pick category would continue allowing u-pick operations in all agricultural zoning districts,
but establishes an Administrative Review process when there are complaints. This review would be
aimed at assuring u-pick customers can park safely off-street without causing traffic safety problems
and that appropriate property setback requirements are met.
The County Agricultural Advisory Task Force is also recommending that the General Plan and Zoning
Code explicitly acknowledge the concept of "value-added" agricultural enterprises. "Value-added"
agricultural involves the direct control by the farmer in converting or processing the raw agricultural
products they have grown or raised into items to be sold directly by the farmer to the consumer. As
more fully explained in their report,the Task Force explains that most farmers and ranchers in Contra
Costa County operate comparatively small-scale operations and must compete and survive in a
rapidly changing agricultural economy. They are recommending that to help farmers and ranchers
survive and thrive the County should permit the establishment of"value-added"enterprises on farms
and ranches. This recommendation includes amending the text for the Agricultural Core designation
in the Land Use Element to allow through a conditional use permit process the operation of small-
scale processing facilities, such as commercial kitchens or the other activities like canning, drying,
freezing or packaging, and allowing these activities to be conducted on the farm premises. More
generally speaking the recommendation from the Task Force is asking the County to recognize the
concept of"value-added" agricultural enterprises by incorporating it into land use policies and other
regulations.
As a final matter, the County Agricultural Advisory Task Force is asking for a general review of the
County's permitting process for agricultural related uses and structure. They are concerned that the
permitting process is oftentimes cumbersome,and since agriculture revolves around growing seasons,
it is vital that permits for agricultural uses and structures be processed in a timely,expeditious manner
so that the farmer or rancher will not miss an opportunity to bring their products to market. They are
requesting that the respective departments within the County involved in the permitting process review
the procedures with the aim of establishing clarity, consistency, and a more streamlined permit
process.
It is recommended that the Board authorize the Community Development Department to initiate a
General Plan Amendment study, associated zoning ordinance amendments,and review of the permit
process for the purpose of updating roadside stand regulations and allowing value-added uses
incidental to agriculture within the Agricultural Core, as recommended by the County Agricultural
Advisory Task Force. Since the matter of roadside stand regulations involves the interaction between
the Community Development Department and several other County departments, including
Agriculture, Building Inspection, Environmental Health,and Public Works, it is also recommended that
Board request the cooperation and, as necessary, the technical assistance of these departments in
undertaking this effort. Additionally,the County Agricultural Advisory Task Force and other agricultural
interest organizations should be encouraged to actively participate in this effort.
Attachment(1)
Attachment"A" Report and Recommendations to the Contra Costa County Board of Supervisors,,as approved on
2/17/2005, Updating Roadside Stand Regulations and Allowing Value-Added Agricultural
Operations in the County'Agricultural Core
Attachment "A" : Report and Recommendations to the Contra Costa County Board
of Supervisors, as approved on 2/17/2005, Updating Roadside
Stand Regulations and Allowing Value-Added Agricultural
Operations in the County' Agricultural Core
ADDENDUM TO ITEM D.3
July 19, 2005
On this day,the Board of Supervisors considered accepting a report from the Community Development
Department and approving recommendations of the Contra Costa County Agricultural Advisory Task
Force to update roadside stand regulations and allow value-added operations in the Agricultural Core.
Patrick Roche of the Community Development Department and staff to the County's Agricultural Task
Force presented the Task Force's recent recommendations to the Board, as outlined in staff's report,
including the Task Force's recommendation that the Board authorize a General Plan Amendment Study to
pursue modifying the agricultural core to allow small-scale business uses,and the recommendation to
study the County's permit process in an effort to streamline the process.
Chair Uilkema invited the public to speak.The following individuals spoke:
1. Mike McPoland,Brentwood resident and former Mayor of Brentwood;
2. John Silveira, (no address given);
3. Barbara Frantz,Discovery Bay resident;
4. Ken Hagar,Brentwood resident;
5. Kathryn Lyddan,Moraga resident;
6. Janet Caprile,Pleasant Hill resident;
7. Gail Wadsworth,Walnut Creek resident;
8. Tom Bloomfield,Brentwood resident.
Supervisor Piepho suggested that in an effort to support and encourage farming viability,as part of the
proposed process staff review the issue of storage,and whether current regulations may cause farmers an
inability to store necessary equipment. She also suggested reviewing the issue of temporary storage
container units for this purpose. She suggested staff review the issue of roadside signs that,while they
generate income for the farmers on whose land they are placed,may create the perception of blight. She
further suggested staff look at limitations that may impact smaller agricultural lots.Finally, she suggested
a review of the process for winery applications.
Supervisor Uilkema suggested staff review the issue of parking as well as consumers pulling in and out of
roadside stands. She suggested looking at whether roadside stands would be an augmentation to the
farming economy,or whether there could be factors that would make such activities an intrusion into the
business of the farming community. She also suggested a review of the issue of coops; She said if every
landowner could potentially build a 3500 square foot store,then the co-op issue should be addressed;
She also suggested a review of wine tasting,including the permit requirements,and the potential of
activities becoming an intrusion into residential areas. Supervisor Uilkema requested the Board be
informed on which issues will need to be addressed concerning wine tasting,the roadside sale of wine,
and the shipping of wine.
The Board of Supervisors took the following action by unanimous decision:
ACCEPTED all recommendations from staff as detailed in the Board Order; and REQUESTED staff
incorporate the issues and concerns made by the Board today.
COUN�'Y
CONTRA COSTA
AGRICIILT'URAL ADVISORY TASK FORCE
February 17, 2005
Contra Costa County
Board of Supervisors
651 Pine Street
Martinez, CA 94553
Dear Chairwoman Gayle B. Uilkema and Board Members:
A little more than a year ago, we responded to your request to deal with promoting
CCCo. Agriculture by recommending and by establishing Standards by which Wineries
be established in CCCo. Since that time 6 wineries have applied for new licenses. Now
we are responding to another one of your concerns by dealing with *improving roadside
stands and adding value to CCCo. Agricultural Products.
As the Chair of the Contra Costa County Agricultural Advisory Task Force, I am writing
on behalf of the Task Force to urge the Board of Supervisors to initiate actions necessary
to improve the economic viability ility of farmers and ranchers in Contra Costa County.
As more fully described in the attached report and recommendations, the Task Force has
studied the matter of roadside stand regulations in Contra Costa county. Based on our
study of this matter, we are recommending that regulations, as contained in both the
County General Plan and County Zoning Ordinance Code, be updated to accommodate
the changing marketplace for agriculture in Contra. Costa County. Most of the farmers
and ranchers in Contra Costa County operate comparatively small-scale operations and
must compete and survive in a rapidly changing agricultural economy. Across the United
States small-scale farmers have been able to sumve and thrive by capturing a greater
share of each food dollar spent by consumers by marketing directly to the consumer and
by establishing"value-added" agricultural enterprises on their property. Through"valuem
added 21) enterprises, a farmer adds value to their raw product by such means as cleaning,
freezing, drying, processing, bottling, canning, etc. The essence of this value-added
concept is to enable the farmer to convert an agricultural product they have grown into an
item that then can be sold directly to the consumer. We are recommending that certain
regulations be updated to enable Contra Costa farmers and ranchers to directly market
their products to local consumers and Visitors and to encourage the establishment of new
agricultural enterprises based upon the"value-added" concept.
In
We are respectfully requesting the Board of Supervisors to authorize the Community
Development Department to initiate a General Plan Amendment Study, an associated
Ila
zoning ordinance amendment, and peri-nit review process that would focus on three areas
0
of concern,,
1. Expand Direct Marketing By Updating Roadside Stand Regulations
Expand the ability of farmers and ranchers to directly market their products by
updating the regulations that govern roadside sales in agricultural zoning districts.
These changes would establish within the County's agricultural zoning districts
three new and separate roadside sales categories: Grower Markets, Grower
Stands, and U-Pick Operations.
The new Growers Markets category would allow through a conditional use permit
in all agricultural zoning districts the sale of any raw agricultural product grown
in Contra Costa County or any processed agricultural product grown in Contra
Costa County in a permanent or temporary structure up to 3 500 square feet of
floor area. Additionally, up to 25% of the floor area would be allowed for the sale
of non-valued added products, taxable items, and/or agricultural products not
grown in Contra Costa County. Subject to compliance with health and safety code
4 foodsrequirements preparea and snacks would be allowed for sale.
The new Growers Stand category would permit the establishment of a roadside
stand of not more than 1500 square, either permanent or temporary, in all
agricultural zoning districts for the purpose selling any raw agricultural product
grown in Contra Costa County and any value-added agricultural product made
from Contra Costa County grown products but not intended for human
consumption. It would also allow up to 5%of the floor area to be used for the sale
of taxable items, sale of prepackaged beverages dispensed from a refrigerator or
vending machine, and sale of other items that promote the sale of agricultural
products or educate the public about agriculture.
U-pick operations would continue to be permitted in all agricultural zoning
districts. This proposal only requests that an Administrative Review procedure be
instituted for a u-pick operation based on complaints. This review would be aimed
at assuring that umpick customers can park safely off-street without causing safety
problems in terms of entry and exit on to the roadway, and that the umpick
operation meets the appropriate property set back requirements.
2. Encourage Value-Added Agricultural Enterprise
Acknowledge the concept of value-added agricultural enterprises in the General
Plan and Zoning Code. This recommendation specifically involves amending the
text for Agricultural Core designation in the Land Use Element to allow through a
condition--use permit the operation of commercial kitchens and other small-scale
processing facilities, such as those that involve canning, drying, freezing, or
packaging agricultural products.
3, Improve The Permitting Process
2
process for agricultural uses by formingan
Focus on improving the permitting
interdepartmental team,, comprised of the Community Development, Building
Inspection, Environmental Heath Division—Health Services, and the Agriculture
Commissioner, to review, identify obstacles, devise solutions and generally
facilitate the permit process for agricultural uses and structures in Contra Costa
County, Since agriculture revolves around growing seasons, it is vital that
permits for agricultural uses and structures be processed in a timely, expeditious
manner so that the farmer or rancher will not miss an opportunity to bring their
product to market,
The Task Force believes that improving the economic viability of agriculture in Contra
Costa County depends in part on updating the County's roadside stand regulations and
expanding the opportunities for agricultural enterprises based on the value-madded
concept.
Thank you for your consideration of this matter.
Si rs,
om Powers
Chair,
Contra Costa County Agricultural
Advisory Task Force
Attachment(1)
Contra Costa County Agricultund Advisory Task Force Report and Recommendations,2/17/2005
CONTRA COSTA COUNTY
AGRICULTURAL ADVISORY TASK FORCE
IMPROVING THE ECONOMIC VIABILITY OF FARMERS
IN CONTRA COSTA COUNTY:
UPDATING ROADSIDE STAND REGULATIONS
AND
ALLOWING VALUE-ADDED AGRICULTURAL OPERATIONS IN THE COUNTY'S
AGRICULTURAL CORE
REPORT AND RECOMMENDATIONS
TO
CONTRA COSTA COUNTY BOARD OF SUPERVISORS
AS APPROVED ON FEBRUARY 17, 2005
BACKGROUND
Eastern Contra Costa County (CCC) is one of California's most productive fanning regions,
producing agricultural products valued at more than$100 million dollars and contributing more
than$300 million dollars to Contra Costa County's annual economy. Agriculture provides Contra
Costa citizens with jobs, open space and a source of fresh, local food, as well as intangible
historical, cultural and community benefits.
However, Contra Costa County farmers are struggling to survive economically due to the
consolidation of California agriculture, globalization of food production, and increased costs.
Between 1997 and 2000,, the prices California farmers received for the food they grow dropped
7%,while their costs rose 19%. According to the 2002 USDA Agricultural Census, 94% of Contra
Costa farmers met the federal definition of"small farmers"with gross produce sales of less than
$250,000. The average net profit realized by Contra Costa farmers in 2002 was $41,,868.
Consequently, despite efforts to preserve prime agricultural land through zoning and conservation
easements,, the number of farms in Contra Costa County has dropped 25%in the past 5 years.
Between 1997 and 2000 Contra Costa County lost 4,381 acres of farmland and ranked fourth
among counties in California in the loss of agricultural land to urban use.
Innovative small scale farmers throughout the United States are successfully capturing a greater
share of each food dollar through packaging,processing,marketing, direct sales and other"value-
added"ventures on their farms. Through"value-added" enterprises, farmers add value to their
crops by cleaning, freezing, drying,processing, and preserving their crops. For instance, crops can
be converted into jams,jellies, salsa,pies and baked goods, soaps, dried herb wreaths and other
high-value items created from their raw agricultural products. A recent survey of California
farmers indicates that selling directly to consumers provides farmers with four times the net profit
than they would receive from marketing their produce conventionally. Labor intensive direct
marketing and value-added production provide additional community benefits,, creating jobs,
stimulating the agricultural economy,rebuilding local agriculture infrastructure and keeping food
dollars in the County. An overview of the value-added concept and examples of local value-added
enterprises are included in Attachment 1.
Contra Costa farmers have a successful history of direct marketing through roadside stands and U-
pick operations. The proximity to Bay Area markets and the rapidly expanding populations in East
County offer tremendous economic opportunities for Contra Costa farmers. Expanding direct
marketing and adding value to raw produce have long been recommended by the USDA,UC
Cooperative Extension and other experts in small-scale farming to help small farmers maintain
economic viability. Many of these agricultural enterprises require limited retail and processing
facilities on agricultural land. Current Contra Costa County zoning for the agricultural districts
needs to be updated to accommodate the changing marketplace and allow a greater range of
economic opportunities for Contra Costa farmers. Local suburban and nearby Bay Area
populations are increasingly demanding local agricultural products, and creating new opportunities
for local farmers to capture nearby urban markets with value-added agricultural enterprises would
contribute to a vibrant agricultural economy in Contra Costa County.
ISSUES
During the summer of 2004, the Contra Costa County(CCC)Agricultural Advisory Task Force
conducted a survey of local growers to determine the nature and extent of constraints that limit
agricultural viability in the county. This was done in response to a variety of problems brought to
the attention of the Task Force by local growers,Harvest Time(a CCC direct marketing grower's
association), and the Agriculture Enterprise Committee of the Brentwood Agricultural Land Trust.
The survey identified several regulatory constraints that limit agricultural viability and direct
marketing opportunities. These include:
• Limits on the size of Roadside Stands: The current county zoning code allows all agricultural
properties to have a roadside stand by right but limits the size of the stand to a maximum of
200- 400 sq. ft., depending on the zoning district. These roadside stand limits were widely
recognized by survey respondents as too small to offer the volume and variety of produce
needed to meet the needs of the modem consumer. With dual income families and long
commutes, customer purchases have changed in recent years from larger volume, single
commodity purchases for home canning to smaller,multiple commodity purchases for weekly
consumption. These tiny stands cannot successfully compete with the variety and convenience
offered by the many new supermarkets built within a 5-10 minute drive of the Agricultural
Core. Other counties have amended their zoning to allow larger roadside stand facilities so
that local farmers can satisfy the needs of their suburban neighbors.
• Limits on products which can be sold at Roadside Stands: The current zoning code only
allows for the sale of raw agricultural products that are grown on the same property as the
roadside stand. This restriction limits the volume and variety of produce necessary to attract
customers for regular visits. Growers cannot legally sell products for neighboring farmers who
may not have the volume,resources,time or location to operate their own stand.Many growers
farm more than one parcel and must operate a separate stand for each parcel. A proliferation of
many, small, limited product stands are neither convenient for consumers nor feasible for
farmers. Additionally,the code does not recognize the concept of value-added agricultural
products(j wns,jellies, fruit pies,wreaths, olive oil,honey, soaps, seasoned nuts, dried fruit,
etc)that allow the farmer to preserve their product, extend their season, increase product
variety and ultimately to improve their economic viability. Finally,the code does not allow the
sale of bottled water or other drinks necessary during high summer temperatures, especially at
U-pick operations where customers maybe in the hot sun for long periods.
• No Conditional Use Permits are allowed in the Agricultural Core: New language was
added in the 1991 General Plan update that prohibited all conditional uses in the Agricultural
Core. Conditional uses are allowed by permit in all other agricultural zoning districts. The
intent was to preserve prime agricultural land for fanning rather than for farm related activities.
This blanket ban on conditional uses has unduly restricted even small scale agricultural
enterprises that would have minimal impact on the land resource but would increase the
economic viability of productive agriculture on these prime agricultural lands. For example,
the current restrict-ions do not allow for small scale processing facilities in the Agricultural
Core (such as commercial kitchens or freezing, drying,packaging, culturing facilities) that add
value to raw agricultural products. Current restrictions do not allow for the sale of small
quantities of products not grown on the roadside stand property that would advance the sale of
agricultural products or educate the public about agriculture. Expanding these opportunities
would help to preserve the productive use of agricultural lands by facilitating a more vibrant
agricultural economy.
2
• Permit requirements for roadside stands are not clear or standardized. Several agencies
have rules and regulations that govern the construction and operation of roadside stands.
Depending on the stand size and level of activity,these may include the CCC Departments of
Community Development,Building Inspection, Agriculture, and Environmental Health. Each
of these departments has their own, sometimes complex code,that they are responsible for
enforcing. An overview of each department's responsibilities and governing codes are included
in Attachment 2. The survey revealed there is a perception that the requirements of one
department may conflict with those of another, leaving the applicant unsure as to how to
proceed. There is an additional perception that some requirements are subject to interpretation
by agency staff and that the codes are unevenly applied for similar projects. Since there are
fewer agricultural permit requests than urban suburban requests staff may not be as familiar
with agricultural operations and requirements.
• Traffic Safety: The rapid urbanization of East County has led to excessive commuter traffic on
narrow rural roads. This has made it difficult for farmers to move equipment to their different
properties safely. It has also made it difficult for customers to safely turn into and out of
roadside stands located on roads that have become quite busy(such as Walnut Blvd.,, Concord
Ave., Sellers Ave., and Marsh Creek Rd.). It is no longer safe for customers to park along the
now very busy rural roadways to visit roadside stands as they have done in the past-.
RECOMMENDATIONS
The CCC Agricultural Advisory Task Force has reviewed each of the issues outlined above and
proposes the following to address these concerns. We request that the Board of Supervisors direct
the Community Development Department to initiate a General Plan Amendment Study, an
associated zoning ordinance amendment, and a permit review process that would:
I. Expand opportunities for direct marketing by updating regulations to provide workable,
clear, land use and related regulatory processes that allow farmers and ranchers in Contra
Costa County to directly market to local consumers and tourists. These new regulations are
intended to promote the sale of CCC farm produce and related goods. They are not
intended to encourage the proliferation of retail stores or convenience markets in
agricultural districts. They would establish three separate categories for roadside sales that
would be allowed in all agricultural zoning districts: Grower Stands, Grower Markets, and
U-Pick Operations.
A. Grower Stands.* Grower stands are similar to currently defined roadside stand
operations in that the stand must be an accessory to the grower's agricultural operation
and is allowed by right. The current Code should be updated to include:
i. Physical requirements: The sales area cannot exceed 1500 square feet in size.
Structures maybe permanent or temporary depending on the grower's needs.
Any building greater than 120 sq. ft. will require a building permit, as directed
by current code. Electricity would be allowed. Stands should have adequate
parking, safe exit and entry, and conform to property set back requirements.
Inadequate provision for parking, ingress, egress or set back requirements will
trigger an Administrative Review by the Community Development, Public
Works or other appropriate Department. The Administrative Review would
3
01
require an appropriate fee and the submission of a corrective site plan for
approval that includes the owner's name, address, stand parcel number,map
showing buildings,parking, ingress, egress, and setbacks from rights-of-way.
11. Products sold: Any raw agricultural product grown in CCC can be sold at these
stands. In addition,, any value-added agricultural product made from CCC
grown products and not for human consumption(soap,wreaths, etc.)maybe
sold at these stands. This will help to increase product variety,, extend the
season, encourage the sale of local products, and assist farmers in marketing
their products. Additionally, 5 % of the floor area maybe used to sell taxable
items that are not grown in Contra Costa County. This includes prepackaged
beverages dispensed from a refrigerator or vending machine and other items
which promote the sale of agriculture products or educate the public about
agriculture. All food products sold at the Grower Stand will be subject to the
regulations set forth in the CA Health and Safety Code(see Attachment 2).
B. Grower Market.* This new Grower Market category allows for a larger floor area
and/or a larger diversity of product sales but must still be accessory to the grower's
agricultural operation. Grower Markets would be subject to approval through a
Conditional Use Permit. New regulations should include:
i. Physical requirements.* The floor area cannot exceed 3500 square feet in size.
Structures maybe permanent or temporary depending on the grower's needs.
Any building greater than 120 sq. ft. will require a building permit, as directed
by current code. Electricity would be allowed. Off street parking of one space
for every 300 sq. ft. of sales area would be required. A site plan(including the
owner's name,, address,parcel number, map showing buildings,parking,
ingress, egress, and setbacks from rights-of-way)must be submitted and
approved as part of the Conditional Use Permit process to assure adequate
parking, safe exit and entry, and conformity to property set back requirements.
*i. Products sold: Any raw agricultural product grown in CCC can be sold at
these markets. Any processed or value added product grown in CCC can be
sold. In addition,, a seasonal average of up to 25%of the floor area can be used
for the sale of non-value added,, taxable items and/or farm products which are
not grown in CCC. In addition to agricultural products grown outside CCC,
Grower Markets may sell drinks,prepared foods, snacks, ice, craft items,
antiques, canning supplies and other items related to agriculture that advance
the sale of agricultural products or educate the public about agriculture. No
petroleum products,magazines, tobacco or alcoholic beverages (except wine
grown in CCC with the proper permit)maybe sold at a Grower Market. All
value-added and processed foods will be subject to the regulations set forth in
the CA Health and Safety Code (see Attachment 2).
C. U-pick operations: U-pick operations are allowed by the existing code but must
provide customers with adequate parking, safe exit and entry, and conform to property
set back requirements. Inadequate provision for parking, ingress, egress or set back
requirements will trigger an Administrative Review by the Community Development
Department. The Administrative Review would require an appropriate fee and the
4
submission of a corrective site plan for approval that includes the owner's name,
address,parcel number,map showing buildings,parking, ingress, egress, and setbacks
from rights-of-way. The storage and operational area of the U-pick portion of any
operation that is combined with a Grower Stand or Grower Market will not be included
in the floor area calculation of the Grower Stand or Grower Market.
11. Encourage Agricultural Enterprises.
A. Conditional Use permits: Amend the CCC General Plan to allow conditional use
permits to be issued in the Agricultural Core as they are in other agricultural zoning
districts. The permit process should limit agricultural operations to those that are
incidental to the grower's primary agricultural operations and are appropriate in size
and nature to preserve the prime farmland of the Agricultural Core. Appropriate uses to
be allowed under permit in the Agricultural Core can include,but are not limited to:
i. Grower Markets,, as defined above.
ii. Commercial kitchens and other small-scale processing facilities including but
not limited to: the canning, drying, freezing, or packaging of agricultural
produce primarily grown in Contra Costa County. These facilities would be
subject to the regulations set forth in the California Health and Safety Code (see
Attachment 2)
B. Agricultural Permit Streamlining. The Task Force recommends that the Board of
Supervisors direct the County Community Development Department to assemble a
committee composed of representatives from the CCC Departments of Community
Development, Agriculture, Environmental Health, and Building Inspection. The
purpose of this committee would be to review,identify obstacles, devise solutions and
facilitate the permitting process for Grower Stands, Grower Markets and other
agricultural enterprises. This facilitation may include but not be limited to:
• The development of a single form that could address the needs of all the permitting
agencies/departments and replace the multiple forms currently required by each
agency.
• Auser-friendly flow chart of the regulatory requirements for Grower Stands,
Grower Markets and other agricultural enterprises.
• A committee review of permits that are exceeding the expected processing time to
discover and alleviate impediments to timely and efficient permit processing.
Attachments
1. "Value-Added"Agriculture Concepts
2. Summary of current County requirements re: Roadside Stands
3. Flowchart comparing existing requirements with proposed changes
GAAdvance Planning\adv-plan\Ag Task Forcc\RSS Gen Plan Amcnd 7.doc
5
Attachment #1
' Value-Added" Agriculture Concepts
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Attachment #2
Growers Gu ide To
Roadside Stand Regulation
in Contra Costa County
(summary of current County requirements)
As of 2/17/2005
GROWERS GUIDE
TO
ROADSIDE STAND REGULATIONS IN CONTRA COSTA COUNTY
Basic Requirements: A number of different agencies can be responsible for
compliance with regulations of a grower's roadside stand based its size and
scale of operation. The following is a list of Contra Costa County departments
that are responsible for compliance with certain state and local regulations
related to roadside stands and it summarizes the basic regulatory requirements
for each County department related to growers selling agricultural products of
their own production:
Building Inspection Department
• A building permit is required for a permanent building or structure exceeding
120 square feet (e.g. roadside stand over 120 square feet). A building permit
is not required under the following circumstances: a one-story detached
accessory building used as a equipment or storage shed provided the floor
area does not exceed 120 square feet; fences not over 6 feet high; movable
cases, counters, and partitions not over 5 feet 9 inches high; painting,
papering and similar finish; and, window awnings supported by an exterior
wall when projecting not more than 54 inches.
• Three sets of plans (plot plan, floor plan and construction plans) are required
to be submitted with a building permit.
• Sanitary facility (toilet and wash basin) may be required for the workers.
• American With Disabilities Act (ADA) handicapped accessibility is required for
the workers and customers in parking, building access, and sanitary facility.
• Engineering design may be required if the building structure does not conform
to code defined conventional construction.
• Title 24 energy design is required if the building is heated or air-conditioned.
Regulatory Authority: The Building Code for Contra Costa County is the 2007 Edition of the
California Uniform Building Code. Contra Costa County Ordinance Code Title 7, Building
It
Regulations, assigns responsibility for enforcement of the Building Code to the Building
Inspection Department.
Community Development Department
No Land Use Permit (or Conditional Use Permit) is required for the following
situations:
• Roadside stand no larger than 200 sq/ft on property located in A-2 or A-3
zoning districts; or,
• Roadside stand defined within a Williamson Act contract as an allowable use
for properties located in A-4 zoning district (Agricultural Preserve/Williamson
Act contract land); or,
• Roadside stand no larger than 400 sq/ft on property located in A-20, A-40 or
A-80 zoning districts.
• Roadside stand is located at least 25 ft. from the property line, and;
• Roadside stand is located on property at or near point where the agricultural
product was produced, and on property controlled by she producer.
Requlatory Authority: Contra Costa County Ordinance Code Title 26-2, County Planning
Agency, Title 8, Zoning, and Title 9, Subdivisions, and the Contra Costa County General Plan.
1
As of 211712005
GROWERS GUIDE
TO
ROADSIDE STAND REGULATIONS IN CONTRA COSTA COUNTY
Department of Agriculture
• Agricultural products sold by producers must meet minimum quality. and
maturity requirements.
• For those agricultural products that are subject to a Federal or State
marketing order, the producer must comply- with the marketing order.
(Enforced by the Marketing Order, not the County Department of Agriculture.)
• Agricultural products sold by producers are exempt from size, standard pack,
container and labeling requirements.
• Agricultural products from other sources (not of the grower's production) are
not exempt from size, standard pack, container and labeling requirements.
• Agricultural products must be sold to consumers by weight, volume or count.
• If sold by weight, a suitable scale that has been registered and sealed by the
Department of Agriculture must be used. Sales by volume (e.g.: 12 oz basket)
or count (e.g.-. $.50 each) must be clearly designated.
Regulatory Authority: CA Food and Agriculture Code Section 47002 and CA Business and
Professions Code Sections)200 and 12603.
Environmental Health Division, Health Services Department
• Produce stands operated by a producer or offering.for sale produce (fruits,
nuts, vegetables or shell eggs in their raw or natural state) are exempt from
California Uniform Retail Food Facilities Law.
• The California Uniform Retail Food Facilities Law (CURFL) generally applies
to any establishment where food is sold for human consumption at a retail
level. This means a permit is necessary from County Environmental Health
for any room, building, or place, or portion thereof, used, or operated for the
purpose of storing, preparing, serving, manufacturing, packaging,
transporting, salvaging, or otherwise handling food at a retail level.
Regulatory Authority: Contra Costa County Ordinance Code, Title 4, Health and Safety, Section
413-3.208 assigns responsibility for enforcement of CURFL to the Environmental Health Division
Health Services Department.
Beyond Basic Requirements: Roadside stands that exceed the basic
requirements may be responsible for meeting stricter standards.
For example:
• A Land Use Permit (Conditional Use Permit) could be required from the
Community Development Department if the size of a roadside stand exceeds
that allowed by the current zoning district. Contact the County Community
Development Department to confirm.
• Numerous California Uniform Retail Food Facilities Law (CURFL) regulations
must be met when selling prepared or processed foods, drinks, juices, and
even bottled water. Contact County Environmental Health for details.
• The size of a facility may require bathroom facilities or handicap access.
Contact the County Building Inspection Department to confirm.
2
As of 2/17/2005
GROWERS GUIDE
TO
ROADSIDE STAND REGULATIONS IN CONTRA COSTA COUNTY
• Selling agricultural commodities that are not of a grower's own production
requires meeting standard pack, size, container and labeling requirements.
Contact the County Department of Agriculture to confirm.
CONTRA COSTA COUNTY DEPARTMENT CONTACT INFORMATION
Building Inspection Department: (925) 646-2300
Application and Permit Center
Main County Administration Building
651 Pine Street, 2nd Floor North Wing
Martinez, CA 94553
OR
East County Office: Building Inspection Dept. (925) 427-8850
1191 Central Boulevard, Suite C
Brentwood, CA 94513
Community Development Department (925) 335-1360
Application and Permit Center
Main County Administration Building
651 Pine Street, 2"d Floor North Wing
Martinez, CA 94553
Agriculture Department (925) 646-5250
2366-A Stanwell Circle
Concord, CA 94520
OR
Kinghtsen Office: Agriculture Dept.
30202"d Street
Knightsen, CA
Environmental Health (925) 646-5225
2120 Diamond Boulevard
Concord, CA 94520
These departments may also be contacted through the Contra Costa
County Government Website: http:/fwww.co.contra-costa.ca.us/
GAAdvance Planning\adv-plan\Ag Task Force\Growers Guide To Roadside Stand Regulations.doc
Attachment 93
Flowchart comparing existing requirements with
proposed changes
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