HomeMy WebLinkAboutMINUTES - 03052024 - BOS Complete Min PktMeeting Minutes
CONTRA COSTA COUNTY BOARD OF
SUPERVISORS
Supervisor John Gioia, District I
Supervisor Candace Andersen, District II
Supervisor Diane Burgis, District III
Supervisor Ken Carlson, District IV
Supervisor Federal D. Glover, District V
Clerk of the Board (925) 655-2000
clerkoftheboard@cob.cccounty.us
9:00 AMAdministration Building 1025 Escobar Street,
Martinez |
https://cccounty-us.zoom.us/j/87344719204 |
Call in: 888-278-0254 access code 843298#
Tuesday, March 5, 2024
1.CALL TO ORDER; ROLL CALL
District I Supervisor John Gioia, District II Supervisor Candace
Andersen, District III Supervisor Diane Burgis, District IV
Supervisor Ken Carlson, and District V Supervisor Federal D.
Glover
Present:
2.PLEDGE OF ALLEGIANCE
3.CLOSED SESSION
A.CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d)(1))
1.John Gularte v. Contra Costa County, WCAB No. ADJ1205667
2.Kiriba Stewart v. Contra Costa County, WCAB No. ADJ15107923
There were no reports from Closed Session .
4.Inspirational Thought-
"Be the change you wish to see in the world." — Mahatma Gandhi
5.CONSIDER CONSENT ITEMS (Items listed as C.1 through C.86 on the following agenda)
– Items are subject to removal from Consent Calendar by request of any Supervisor . Items
removed from the Consent Calendar will be considered with the Discussion Items .
District I Supervisor Gioia, Andersen, District III Supervisor
Burgis, District IV Supervisor Carlson, and District V
Supervisor Glover
Aye:
Result:Passed
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BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
6.PRESENTATIONS
PR.1 PRESENTATION proclaiming March 2024 as Women's History Month, and recognizing March 8, 2024 ,
as International Women's Day in Contra Costa County. (Shauna Leal-Markham, Contra Costa
Commission for Women and Girls)
PR.2 PRESENTATION declaring March 2024 as National Social Worker Month in Contra Costa County.
(Tracy Murray, Director, Aging and Adult Services)
PR.3 PRESENTATION honoring County employees for their many years of service to Contra Costa County:
Lieutenant Manny Morales, Animal Services, for 30 years of service. ( Captain Jane Andreotti, Interim
Animal Services Director)
7.DISCUSSION ITEMS
D.1.CONSIDER waiving the 180-day sit-out period for Linda Martinez,
Administrative Services Officer, FIND that the appointment of Linda
Martinez is necessary to fill a critically needed position, and AUTHORIZE
the hiring of Ms. Martinez for the period March 5, 2024 through March 4,
2025, as recommended by the County Librarian. (Alison McKee, County
Librarian)
24-0695
Motion:Andersen
CarlsonSecond:
District I Supervisor Gioia, Andersen, District III Supervisor
Burgis, District IV Supervisor Carlson, and District V
Supervisor Glover
Aye:
Result:Passed
D.2.HEARING to consider adoption of Ordinance No. 2024-06, authorizing
agritourism uses in agricultural zoning districts. (John Kopchik and Jennifer
Cruz, Department of Conservation and Development)
ORD 2024-06
Attachments:Attachment A - Ordinance No. 2024-06 Agritourism
Attachment B Revised Table of Agriourism Uses_030524
Attachment C – Report on Recommendations on Reforming
Agricultural Land Use Policies
Attachment D - County Planning Commission Staff Report February
22, 2023
Attachment E - County Planning Commission Staff Report June 7, 202
Attachment F - County Planning Commission Staff Report January 24,
2024
Attachment G- Slide Presentation
Signed Ord 2024-06.pdf
Speaker: Marivela Mendoza, Hijas del Campos .
Motion:Burgis
AndersenSecond:
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BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
District I Supervisor Gioia, Andersen, District III Supervisor
Burgis, District IV Supervisor Carlson, and District V
Supervisor Glover
Aye:
Result:Passed
D.3.HEARING to consider adoption of Ordinance No. 2024-07, amending
Chapter 82-44, Temporary Events. (John Kopchik and Jennifer Cruz,
Department of Conservation and Development)
ORD 2024-07
Attachments:Attachment A - Ordinance No. 2024-07 Temporary Events
Attachment B - Ordinance No. 2024-07 Temporary Events REDLINE
Attachment C- Urgency Ordinance No. 2023-11
Attachment D - County Planning Commission Staff Report January 24,
2024
Attachment E- Slide Presentation
Signed Ord 2024-07.pdf
Motion:Burgis
CarlsonSecond:
District I Supervisor Gioia, Andersen, District III Supervisor
Burgis, District IV Supervisor Carlson, and District V
Supervisor Glover
Aye:
Result:Passed
D.4.CONSIDER authorizing Department of Conservation and Development staff
to evaluate whether additional regulation of noise is necessary and practical
and report back to the Board of Supervisors with its findings and
recommendations. (John Kopchik, Conservation and Development Director)
24-0696
Attachments:Urgency Ordinance Board Order.pdf
Ordinance No. 2023-11.pdf
Noise Issue Action Plan 3.5.24.pdf
Motion:Carlson
BurgisSecond:
District I Supervisor Gioia, Andersen, District III Supervisor
Burgis, District IV Supervisor Carlson, and District V
Supervisor Glover
Aye:
Result:Passed
D.5 CONSIDER consent item previously removed.
Item C.5 Proclaiming March 2024 as Red Cross Month was brought forward to be heard with the
Presentation items.
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BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
D.6 PUBLIC COMMENT (2 Minutes/Speaker)
Greg Cheifetz, Pleasant Hill said he felt it was disrespectful that during last week's hearing on the
appeal regarding Grayson Road a Supervisor left the room during the public commentary on the
matter and was disturbed that another Supervisor commented on the reactions of members of the
audience.
D.7 CONSIDER reports of Board members.
There were no items reported today. The Board noted it is election day and encourages everyone
to go out and vote!
8.ADJOURN
Today's meeting adjourned at 11:00 a.m.
9.CONSENT CALENDAR
CONSIDER CONSENT ITEMS
A motion was made by District II Supervisor Andersen, seconded by District IV
Supervisor Carlson, to approve the Consent Agenda. The motion carried by the
following vote:
District I Supervisor Gioia, Andersen, District III Supervisor
Burgis, District IV Supervisor Carlson, and District V
Supervisor Glover
Aye:
Result:Passed
Animal Services
C.1.ACCEPT the monetary donation report from the Animal Services
Department, which describes the source and value of each gift received
by Animal Services for FY 2023/24, Quarter 1: July 1, 2023 through
September 30, 2023, Quarter 2: October 1, 2023, through December 31,
2023.
24-0623
Attachments:FY 23-24 ABF Fund Quarter 1 July 1 - September 30 2023
FY 23-24 ABF Fund Quarter 2 October 1 - December 31, 2023
approved
Auditor-Controller
C.2.APPROVE and AUTHORIZE the Auditor-Controller, or designee, to
distribute the 2022-23 State Highway property rental revenue pursuant to
the provisions of Section 104.10 of the Streets and Highways Code, as
recommended by the County Auditor-Controller. (100% Road Fund)
24-0624
Attachments:State Highway Property Rental Revenue
approved
Board Standing Committees (referred items)
Page 4 of 23
4
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.3.ACCEPT the Council on Homelessness 2023 Quarter 4 report, as
recommended by the Family and Human Services Committee. (No fiscal
impact)
24-0625
Attachments:Q4-2023 Report
approved
Clerk of the Board
C.4.ADOPT Resolution No. 2024-70 declaring March 2024 as Social
Worker Month in Contra Costa County, as recommended by the
Employment and Human Services Director.
RES 2024-70
Attachments:Resolution 2024-70.pdf
approved
C.5.ADOPT Resolution No. 2024-71 recognizing March 2024 as Red Cross
Month, as recommended by Supervisor Glover.
RES 2024-71
Attachments:Resolution 2024-71.pdf
approved
C.6.ADOPT Resolution No. 2024-75 recognizing Xiaopei Chinese Dance, as
recommended by Supervisor Andersen.
RES 2024-75
Attachments:Resolution 2024-75.pdf
approved
C.7.ADOPT Resolution No 2024-72 recognizing Lieutenant Manny Morales
for his 30 years of service with the Animal Services Department, as
recommended by the Animal Services Director.
RES 2024-72
Attachments:Resolution 2024-72.pdf
approved
C.8.ADOPT Resolution No. 2024-73 recognizing Linda Martinez, for her 32
years of service to Contra Costa County, as recommended by the County
Librarian.
RES 2024-73
Attachments:Resolution 20024-73.pdf
approved
C.9.ADOPT Resolution No. 2024-74 proclaiming March 2024 as Women's
History Month, and recognizing March 8, 2024, as International
Women's Day in Contra Costa County, as recommended by the Contra
Costa Commission for Women and Girls.
RES 2024-74
Attachments:Women's History Month Proclamation 2024
Resolution 2024-74.pdf
approved
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BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.10
.
APPOINT Antonio Shelly, Logan Robertson, Roger Boaz, Eric Britz,
Carol Schaefer, Julie Ortega, Michael Castillo, and Richard Morisky to
seats on the Advisory Council on Aging, as recommended by the Family
and Human Services Committee.
24-0627
Attachments:ACOA Roster.pdf
Boaz Roger Application Redacted
Britz Eric Application Redacted
Castillo Michael Application Redacted
Morisky Richard Application Redacted
Ortega Julie Application Redacted
Robertson Logan Application Redacted
Schaefer Carol Application Redacted
Shelly Antonio Application Redacted
approved
C.11
.
ACCEPT the resignation of Janet Miller Evans, DECLARE a vacancy in
the District 2 seat on the African American Holistic Wellness and
Resource Hub Feasibility Study Steering Committee and DIRECT the
Clerk of the Board to post the vacancy, as recommended by the Equity
Committee.
24-0628
Attachments:McGowan, Mark (AAHWRH) 9-20-23
Vacancy Notice.pdf
approved
C.12
.
ACCEPT the resignation of Timothy Barrow, from the Economic
Opportunity Council, DECLARE a vacancy in the Private/Non-Profit
Alternate seat #2 on the Economic Opportunity Council, for a term
ending June 30, 2024, and DIRECT the Clerk of the Board to post the
vacancy.
24-0629
Attachments:Vacancy Notice.pdf
approved
C.13
.
ACCEPT the 2023 Annual Report from the Public Law Library Board of
Trustees, as recommended by the County Administrator.
24-0630
Attachments:Public Law Library Annual Report - 2023
approved
Conservation & Development
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6
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.14
.
ADOPT Resolution No. 2024-85 approving the issuance of Tax-Exempt
Revenue Bonds by the California Municipal Finance Authority in an
amount not to exceed $400,000,000 for the purpose of financing and
refinancing the acquisition, construction, installation, rehabilitation and
improvement of solid waste disposal facilities by Republic Services,
Inc., as recommended by the Conservation and Development Director.
(No General Fund impact)
RES 2024-85
Attachments:Signed TEFRA Script
Proof of Publication 2.5.2024
approved
C.15
.
APPROVE a Substantial Amendment to the County's FY 2023/24
Community Development Block Grant (CDBG) Annual Action Plan to
award $1,000,000 in CDBG funds for the rehabilitation of Aspen Court
Apartments, located at 121 Aspen Drive, Pacheco, and to award
$725,000 in CDBG funds for the acquisition/rehabilitation of Nevin
Plaza 1, located at 2400 Nevin Avenue, Richmond; and APPROVE and
AUTHORIZE the Conservation and Development Director, or designee,
to execute legal documents to provide CDBG loans to Aspen Drive
Housing, Inc. and to Nevin Plaza I, L.P. (100% Federal funds)
24-0664
approved
C.16
.
APPROVE modifications to contingencies related to an award of FY
2022/23 HOME Investment Partnerships Program funds for the 699
YVR Housing Project located at 699 Ygnacio Valley Road, Walnut
Creek, as recommended by the Conservation and Development Director.
(100% Federal funds)
24-0665
approved
C.17
.
APPROVE a Substantial Amendment to the County's FY 2021/22
HOME Investment Partnerships (HOME) Program Action Plan, by
revising an allocation of $4,197,500 in HOME funds and allocating
those funds to Mayfair Affordable Housing, a 69-unit multifamily
affordable rental housing project located at 11690 San Pablo Avenue, El
Cerrito, as recommended by the Conservation and Development
Director. (100% Federal funds)
24-0666
approved
Page 7 of 23
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BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.18
.
APPROVE and AUTHORIZE the Conservation and Development
Director, or designee, to execute legal documents, subject to approval by
the County Administrator and approval as to form by County Counsel, to
provide a Community Development Block Grant loan of $704,554 and a
Housing Opportunities for Persons with AIV/AIDS loan of $567,412 to
Alvarez Court, Inc., a California nonprofit public benefit corporation, to
rehabilitate Alvarez Court Apartments at 760 Alvarez Court in the City
of Pinole. (100% Federal funds)
24-0692
approved
County Administration
C.19
.
ADOPT Resolution No. 2024-84 approving side letters of agreement
modifying the memoranda of understanding between Contra Costa
County and the Deputy Sheriffs Association (DSA) Rank and File Unit
and Management Unit, to include as a basis for discipline any action
taken against an employee's peace officer certification or proof of
eligibility issued by the Commission on Peace Officer Standards and
Training (P.O.S.T.).
RES 2024-84
Attachments:Side Letter between Contra Costa County and the DSA Modifying
Section 23.1 - Cause for Disciplinary Action
Side Letter between Contra Costa County and the DSA Modifying
Section 18.1 - Cause for Disciplinary Action
approved
C.20
.
ACCEPT the fiscal year 2023/24 2nd Quarter report on American
Rescue Plan Act and Infrastructure, Investment and Jobs Act funding to
Contra Costa County, as recommended by the County Administrator.
(No fiscal impact)
24-0662
Attachments:Attachment A - American Rescue Plan Funding Summary
Attachment B - American Rescue Plan Act, FY 2023/24 2nd Quarter
Report (October-December 2023)
Attachment C - Infrastructure Investment and Jobs Act, FY 2023/24
2nd Quarter Report (October-December 2023)
approved
County Counsel
C.21
.
APPROVE amended Conflict of Interest Code for the Contra Costa
County Schools Insurance Group, including the list of designated
positions, as recommended by the County Counsel.
24-0631
Attachments:Exhibit A - Conflict of Interest Code of the Contra Costa County
Schools Insurance Group
Exhibit B - Conflict of Interest Code of the Contra Costa County
Schools Insurance Group - REDLINE
approved
Page 8 of 23
8
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.22
.
APPROVE and AUTHORIZE the County Counsel, or designee, to
execute, on behalf of Contra Costa County, a contract with Terry
Roemer for the provision of on-going legal assistance conducting
workplace investigations, preparing for anticipated litigation, and
providing legal advice. (100% User Departments)
24-0632
approved
Employment & Human Services
C.23
.
ADOPT Resolution No. 2024-76 to approve and authorize the
Employment and Human Services Director, or designee, to execute a
contract amendment with the State of California Department of
Community Services and Development to modify production language
with no change to the payment limit of $2,614,954 or term ending June
30, 2027. (100% Federal)
RES 2024-76
approved
C.24
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Employment and Human Services Director, a
purchase order with R-Computer, Inc., in an amount not to exceed
$9,340 and a Workleap Platform Inc. End User License, Maintenance
and Support Agreement for the period August 22, 2024 through August
21, 2026 for the purchase of Sharegate licenses. (59% Federal, 35%
State, 6% County)
24-0633
approved
C.25
.
APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, to execute a contract amendment with Aspiranet,
to increase the payment limit by $526,933 to a new payment limit not to
exceed $2,047,881 to pass through the federal cost-of-living adjustment
for Early Head Start Childcare Partnership, and CalWORKs Home
Visiting Program services with no change to the term ending June 30,
2024. (79% Federal, 21% State)
24-0634
approved
C.26
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Employment and Human Services Department,
a purchase order with Allied Network Solutions, Inc. in an amount not to
exceed $72,150 for the purchase of Adobe Enterprise Management
Forms, a forms management solution, for the period March 1, 2024
through February 28, 2025. (59% Federal, 35% State, 6% County)
24-0635
approved
Page 9 of 23
9
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.27
.
APPROVE and AUTHORIZE the Employment and Human Services
Director, or designee, to execute a contract amendment with Young
Men’s Christian Association (YMCA) of the East Bay to extend the term
through June 30, 2024 to provide Head Start, Early Head Start and Early
Head Start-Childcare Partnership services, with no change to the
payment limit. (100% Federal)
24-0636
approved
Fire Protection District
C.28
.
Acting as the governing board of the Contra Costa County Fire
Protection District, APPROVE the donation of surplus equipment to
Bradford Island Reclamation District 2059. (No fiscal impact)
24-0637
Attachments:Declaration of Surplus Equipment
approved
C.29
.
Acting as the governing board of the Contra Costa County Fire
Protection District, RATIFY the Fire District's grant application; and
APPROVE and AUTHORIZE the Fire Chief, or designee, to accept
grant funding, from the State Homeland Security Grant Program, in an
amount not to exceed $250,000, for the purchase of a skid loader and
trailer. (100% Federal)
24-0638
approved
C.30
.
Acting as the governing board of the Contra Costa County Fire
Protection District, APPROVE and AUTHORIZE the Fire Chief, or
designee, to execute a contract with Moraga-Orinda Fire District
(MOFD), in an amount not to exceed $165,000, for fuel mitigation and
exterior hazard abatement for the period November 14, 2023 through
April 15, 2025. (100% MOFD)
24-0639
approved
C.31
.
Acting as the governing board of the Contra Costa County Fire
Protection District, APPROVE amendments to the Contra Costa County
Fire Protection District Conflict of Interest Code, as recommended by
the Fire Chief. (No fiscal impact)
24-0640
Attachments:Appendix A_February 2024_DRAFT_Redline
Appendix A_February 2024_DRAFT_Clean
approved
Page 10 of 23
10
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.32
.
Acting as the governing board of the Contra Costa County Fire
Protection District, APPROVE and AUTHORIZE the Fire Chief, or
designee, to execute a contract with DroneSense, Inc ., in an amount not
to exceed $20,000, to manage all maintenance records for Unmanned
Aerial Systems and provide aerial video streaming services during
emergency incidents for the period March 11, 2024 through March 10,
2025. (100% CCCFPD General Operating Fund)
24-0641
approved
C.33
.
Acting as the governing board of the Contra Costa County Fire
Protection District, APPROVE and AUTHORIZE the Purchasing Agent
to execute, on behalf of the Fire Chief, a purchase order with William E .
Munson Company, increasing the payment limit by $35,000 to a new
payment limit of $860,000 for the purchase of a 32-foot boat for the
Contra Costa County Fire Protection District Maritime Response Team .
(100% CCCFPD EMS Transport Fund)
24-0642
approved
Health Services
C.34
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Tegria Services Group – US, Inc., a
corporation, in an amount not to exceed $4,000,000, for specialized
information technology consulting services, support, training, and
temporary candidacy services for Contra Costa Health Information
Systems Unit for the period from January 1, 2024 through December 31,
2026. (100% Hospital Enterprise Fund I)
24-0667
approved
C.35
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a five-year Data Privacy and Security Agreement with the
California Department of Public Health to protect the privacy and
security of the State Registrar's California Integrated Vital Records
System data (Cal-IVRS Data) and allow the county to collect, create,
access, use and disclose Cal-IVRS Data pursuant to statute.
(Non-financial agreement)
24-0668
approved
C.36
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with La Clinica de La Raza, Inc., to provide
transfer and coordination of care services for patients requiring
emergency medical care at Contra Costa Regional Medical for the period
March 1, 2024 through February 28, 2026. (Non-financial agreement)
24-0669
approved
Page 11 of 23
11
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.37
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Options Recovery Services, in an amount not
to exceed $998,727 to provide alcohol and drug abuse prevention
services for adults with substance use and/or co-occurring disorders for
the period February 1, 2024 through June 30, 2024. (30% Federal
Medi-Cal; 30% Local Revenue Funds; 20% Assembly Bill 109; 20%
State Opioid Settlement funds)
24-0670
approved
C.38
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Health Services Director, a purchase order
amendment with MXR Imaging, Inc. to remove two ultrasound trophons
from maintenance service coverage at Contra Costa Regional Medical
Center with no change to the payment limit or term ending April 30,
2026. (100% Hospital Enterprise Fund I)
24-0671
approved
C.39
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Health Services Director, a purchase order with
Altamont Software, Inc., in an amount not to exceed $7,250 for the
period from February 1, 2024 through January 31, 2025, and an
Altamont Software as a Service Agreement for the license of medical
imaging connectivity software. (100% Hospital Enterprise Fund I)
24-0672
approved
C.40
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Lao Family Community
Development Inc., to extend the term through September 30, 2024 with
no change in the payment limit of $1,025,000 to continue providing
rapid rehousing and housing support services to individuals and families
experiencing homelessness or who are at risk of becoming homeless in
Contra Costa County. (49% Homeless, Housing, Assistance and
Prevention funds; 12% Housing and Homelessness Incentive Program
funds; 39% Measure X funds)
24-0673
approved
C.41
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Bay Area Community Resources,
Inc., to extend the term through September 30, 2024 with no change in
the payment limit of $718,665 to continue providing rapid rehousing and
homeless prevention services to individuals and families experiencing
homelessness or who are at risk of becoming homeless in Contra Costa
County. (90% Homeless Housing, Assistance and Prevention Grant;
10% Housing and Homelessness Incentive Program Grant)
24-0674
approved
Page 12 of 23
12
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.42
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Caminar, to extend the term
through December 31, 2024 with no change in the payment limit of
$400,000 to continue providing homeless prevention services to
individuals and families experiencing homelessness or who are at risk of
becoming homeless in Contra Costa County. (100% Homeless Housing,
Assistance and Prevention Grant)
24-0675
approved
C.43
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with East Bay Rheumatology Medical Group, Inc .,
in an amount not to exceed $240,000 to provide rheumatology services
to Contra Costa Health Plan members and county recipients for the
period April 1, 2024 through March 31, 2026. (100% Contra Costa
Health Plan Enterprise Fund II)
24-0676
approved
C.44
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Child’s Play Therapy Services, P .C., in an
amount not to exceed $300,000 to provide occupational and speech
therapy services to Contra Costa Health Plan members and county
recipients for the period April 1, 2024 through March 31, 2026. (100%
Contra Costa Health Plan Enterprise Fund II)
24-0677
approved
C.45
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Brain Health Professional Services, PC, in an
amount not to exceed $351,437 to provide outpatient psychiatric care
services to mentally ill older adults in Central Contra Costa County for
the period May 1, 2024 through April 30, 2025. (100% Mental Health
Services Act)
24-0678
approved
C.46
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute an extension agreement with the California Department of
Public Health, to increase the amount payable to the County by $165,006
to an amount not to exceed $561,020 and extend the term through July
31, 2024 for continuation of the Enhance Integration: Guide to HIV
Prevention and Surveillance Project. (No County match)
24-0679
approved
Page 13 of 23
13
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.47
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Coffey Communications, Inc.,
effective March 1, 2024, to increase the payment limit by $680,000 to an
amount not to exceed $900,000 for additional professional design,
publication, distribution and technical assistance for Contra Costa Health
Plan Member Services Health Sense Newsletter with no change in the
term ending June 30, 2024. (100% Contra Costa Health Plan Enterprise
Fund II)
24-0680
approved
C.48
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Howard Y. Young, M.D., in an amount not to
exceed $300,000 to provide radiology services at Contra Costa Regional
Medical Center and Health Centers for the period February 1, 2024
through January 31, 2027. (100% Hospital Enterprise Fund I)
24-0681
approved
C.49
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract amendment with Firstlocum, Inc. (dba
Directshifts), effective January 1, 2024, to increase the payment limit by
$7,400,000 to an amount not to exceed $11,200,000 for additional
temporary physician staffing services with no change in the term ending
April 30, 2025. (100% Hospital Enterprise Fund I)
24-0682
approved
C.50
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Richmond Community Foundation, in an
amount not to exceed $245,717 to provide culturally-based healing
circles to promote mental health and wellness for the period January 1,
2024 through June 30, 2025. (100% Mental Health Services Act)
24-0683
approved
C.51
.
APPROVE and AUTHORIZE the Health Services Director, or designee,
to execute a contract with Village Community Resource Center, in an
amount not to exceed $248,942 to provide mental health support and the
SerenaMente training program to ensure the underserved Latine
community can access culturally and linguistically tailored mental
well-being support groups for the period January 1, 2024 through June
30, 2025. (100% Mental Health Services Act)
24-0684
approved
Page 14 of 23
14
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.52
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute on behalf of the Health Services Director, a purchase order
amendment with Securitas Healthcare LLC, to increase the payment
limit by $10,316 to a new payment limit of $216,958 for staff and patient
protection systems, related hardware, software, and maintenance services
for Contra Costa Regional Medical Center with no change to the original
term ending December 31, 2025. (100% Hospital Enterprise Fund I)
24-0685
approved
C.53
.
APPROVE the list of providers recommended by the Contra Costa
Health Plan Medical Director and the Health Services Director, and as
required by the State Departments of Health Care Services and Managed
Health Care, and the Centers for Medicare and Medicaid Services. (No
fiscal impact)
24-0686
approved
C.54
.
ACCEPT the Los Medanos Health Advisory Committee
recommendations for Los Medanos Health Area Grants for 2023-2025;
and APPROVE and AUTHORIZE the Health Services Director, or
designee, to execute six service contracts, totaling an amount not to
exceed $301,000 to identified Community Based Organizations to
provide health related programs to residents of the Los Medanos Health
Area during Fiscal Years 2023-24 and 2024-25. (100% Los Medanos
Community Health Area Tax funds)
24-0691
approved
C.55
.
ADOPT Position Adjustment Resolution No, 26270 to add one (1)
Deputy Director of Health Services-Exempt and add one (1) Assistant
Director of Health Services-Exempt in the Health Services Department .
(100% Hospital Enterprise Fund I)
24-0694
Attachments:P300-26270
P300 26270.pdf
approved
C.56
.
ADOPT Position Adjustment Resolution No. 26269 to cancel one vacant
permanent-intermittent Medical Transcriber position and add one Clerk -
Senior Level position in the Health Services Department. (100%
Hospital Enterprise Fund I)(Represented)
24-0687
Attachments:P300-26269
P300 26269.pdf
approved
Page 15 of 23
15
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.57
.
RATIFY the February 21, 2024 issuance of a 30-day advance written
notice to Accela, Inc., to terminate a contract for the provision of the
Accela Civic Platform for the Hazardous Materials and Environmental
Health Division to track inspection and enforcement actions, effective at
the close of business on March 22, 2024. (100% Hospital Enterprise
Fund I)
24-0688
approved
C.58
.
CONTINUE the emergency action originally taken by the Board of
Supervisors on November 16, 1999, and most recently approved by the
Board on January 9, 2024 regarding the issue of homelessness in Contra
Costa County, as recommended by the Health Services Director. (No
fiscal impact)
24-0689
approved
Human Resources
C.59
.
ADOPT Position Adjustment Resolution No. 26267 to establish the
classification of Chief of Administrative Services I - Exempt (APD6) at
salary plan and grade B85 1017 ($10,073.00 – $12,243.80) and re-title
the Chief of Administrative Services - Exempt (APD4) classification to
Chief of Administrative Services II - Exempt at salary plan and grade
B85 1018 ($12,855.98 - $14,173.72), as recommended by the Human
Resources Department. (No fiscal impact)
24-0690
Attachments:Establish Chief of Admn Scvs I Ex and Retitle Chief of Admn Scvs Ex
to II.docx
P300 26267.pdf
approved
C.60
.
INTRODUCE Ordinance No. 2024-08 amending the County Ordinance
Code to exempt from the merit system the new classification of Chief of
Administrative Services I-Exempt and retitle Chief of Administrative
Services-Exempt to Chief of Administrative Services II-Exempt,
WAIVE READING and FIX March 19, 2024, for adoption.
ORD 2024-08
Attachments:Ord 2024-08 re Chief Admin Srvs retitle add Chief I and II- March
2024.pdf
adopted
Information and Technology
C.61
.
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the
Chief Information Officer, to execute a purchase order with General
Datatech, L.P. in an amount not to exceed $10,000 for the purchase of
Palo Alto Networks training credits for the period of March 15, 2024,
through March 14, 2025. (100% User Departments)
24-0643
approved
Page 16 of 23
16
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.62
.
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the
Chief Information Officer, to execute a purchase order with GoTo
Technologies USA, Inc. in an amount not to exceed $26,400 for the
renewal of LogMeIn Rescue + Mobile support for the period of
September 24, 2023, through September 23, 2024. (100% User
Departments)
24-0644
approved
C.63
.
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the
Chief Information Officer, to execute a purchase order, with General
Datatech, L.P. (GDT), in an amount not to exceed $135,000 to renew
licensing for Rubrik Cloud Data Management and Data Security
Services for the period of September 1, 2023, through August 31, 2024.
(100% User Departments)
24-0645
approved
C.64
.
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the
Chief Information Officer, to execute a purchase order with ePlus
Technology, Inc. and enter into an End User License Agreement with
SolarWinds Worldwide, LLC., in an amount not to exceed $15,200 for
the renewal of software services for the period of March 15, 2024,
through March 15, 2025. (100% User Departments)
24-0646
approved
C.65
.
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the
Chief Information Officer, to execute a purchase order, with AT&T
Corporation in an amount not to exceed $275,000 for the purchase of
Cisco networking equipment. (100% User Departments)
24-0647
approved
Library
C.66
.
APPROVE and AUTHORIZE the Purchasing Agent to execute, on
behalf of the County Librarian, a purchase order with Rogue Services
and Solutions, LLC (dba Hubley), in an amount not to exceed $19,884
for the renewal of intranet solution services, for the period April 1, 2024
through March 31, 2025. (100% Library Fund)
24-0648
approved
C.67
.
APPROVE and AUTHORIZE the County Librarian’s execution of a
contract amendment with Strategic Threat Management, Inc ., to increase
the payment limit by $118,500 to a new payment limit of $421,900 to
provide additional library security services. (100 % Library Fund)
24-0649
approved
Page 17 of 23
17
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.68
.
APPROVE and AUTHORIZE the Purchasing Agent to execute, on
behalf of the County Librarian, a purchase order with Zoho Corporation
in an amount not to exceed $4,600 for the renewal of ManageEngine
OpManager Plus software subscription, for the period October 30, 2023
through October 29, 2024. (100% Library Fund)
24-0693
approved
C.69
.
ADOPT Resolution No. 2024-77 updating the County's policy governing
disposal of surplus library materials, to expand the list of potential
recipients to include public schools and public school libraries, other
County departments, and third-party vendors pursuant to a contracts
approved by the Board of Supervisors, as recommended by the County
Librarian. (No fiscal impact)
RES 2024-77
approved
Public Defender
C.70
.
APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the
Public Defender, to purchase 67 gift cards for Arco gas in an amount of
$25 each, 112 Clipper gift cards in an amount of $15 each, and 67 Lyft
gift cards in an amount of $25 each for a grand total of $5,030, to
provide transportation support to Alternatives to Supervision clients .
(100% General Fund)
24-0650
approved
Public Works
C.71
.
ADOPT Resolution No. 2024-78 accepting completion of private
improvements per the Subdivision Agreement and release of cash
deposit for subdivision SD17-09467 for a project developed by Forecast
Land Investment, LLC, as recommended by the Public Works Director,
Bay Point area. (100% Developer Fees)
RES 2024-78
approved
C.72
.
ADOPT Resolution No. 2024-79 approving and authorizing the Public
Works Director, or designee, to fully close portions of Norwood Avenue,
Tassajara Avenue, Carquinez Avenue, all of Highgate Court, Francisco
Way, and Arlington Court, on March 18, 2024, through April 19, 2024,
from 8:00 a.m. through 5:00 p.m., for the purpose of repairing and
renewing sanitary sewer systems, East Richmond Heights and
Kensington areas. (No fiscal impact)
RES 2024-79
approved
Page 18 of 23
18
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.73
.
ADOPT Resolution No. 2024-83 declaring County-owned property
located at 100 38th Street, in Richmond, Assessor’s Parcel No.
517-340-004, to be exempt surplus land based on the planned
development of affordable housing and ancillary ground-floor
commercial uses on the property, in accordance with Government Code
Section 54221(f)(1)(F). (No fiscal impact)
RES 2024-83
Attachments:Exempt Surplus Resolutio V6
Resolution 2024-83.pdf
approved
C.74
.
ADOPT Resolution No. 2024-80 authorizing the exercise of the newly
activated powers within Zone A of County Service Area R-7 and
DIRECT the Clerk of the Board of Supervisors to mail a copy of the
Resolution to the Contra Costa Local Agency Formation Commission, as
recommended by the Public Works Director, Alamo area. (100% County
Service Area R-7 Funds)
RES 2024-80
Attachments:CC Local Agency Formation Commission Resolution No. 23-11
approved
C.75
.
ADOPT Resolution No. 2024-81 accepting completion of improvements
for road improvement agreement RA23-01256 for a project developed
by Pulte Home Company, LLC, as recommended by the Public Works
Director, Discovery Bay area. (No fiscal impact)
RES 2024-81
approved
C.76
.
ADOPT Resolution No. 2024-82 accepting completion of improvements
per the Subdivision Agreement for subdivision SD18-09504 for a project
developed by Casato Properties, LLC, as recommended by the Public
Works Director, Alamo area. (No fiscal impact)
RES 2024-82
Attachments:Recordable Resolution for subdivision SD18-09504
Resolution 2024-82.pdf
approved
C.77
.
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to
execute, on behalf of the Public Works Director, a purchase order with
Air Products Group, Inc. in an amount not to exceed $300,000 for
heating, ventilation, and air conditioning filtration components for the
period of March 1, 2024 through February 28, 2025, Countywide. (100%
General Fund)
24-0652
approved
Page 19 of 23
19
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.78
.
APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a contract amendment with Blankinship & Associates, Inc ., to
extend the term through March 31, 2025, for on-call professional
stormwater quality services for a variety of National Pollutant Discharge
Elimination System Permit requirements, with no change to the payment
limit, Countywide. (No fiscal impact)
24-0653
approved
C.79
.
APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a contract amendment with Larry Walker Associates,
Incorporated, to extend the term through March 31, 2025, for on-call
stormwater consulting services, with no change to the payment limit,
Countywide. (No fiscal impact)
24-0654
approved
C.80
.
APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a contract amendment with WSP USA Environment &
Infrastructure, Inc., to extend the term through March 31, 2025, for
on-call stormwater consulting and technical services, with no change to
the payment limit, Countywide. (No fiscal impact)
24-0655
approved
C.81
.
APPROVE and AUTHORIZE the Public Works Director, or designee,
to execute a contract amendment with Geosyntec Consultants, Inc.,
effective March 15, 2024, to increase the payment limit by $100,000 to a
new payment limit of $330,000 and extend the term through March 31,
2025, for on-call stormwater consulting services, Countywide. (100%
Stormwater Utility Area Assessment Funds).
24-0656
approved
C.82
.
APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County
Flood Control and Water Conservation district, or designee, to execute,
on behalf of the Contra Costa Clean Water Program, a contract
amendment with Psomas, to extend the term through February 29, 2024,
for payment of on-call geographic information system (GIS) technical
support services, with no change to the payment limit, Countywide. (No
fiscal impact)
24-0657
approved
Risk Management
Page 20 of 23
20
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
C.83
.
DENY claims filed by Allstate a subrogee of Elodia Urbina, Veronica
Herrera, Ramiro Patricio Herrera Lara, Monica Lopez, Vinhtien Nguyen,
Jack Douglas Parker, Desiree Dawn Spears, Desiree Dawn Spears obo
R.P., Desiree Dawn Spears obo S.P., and Jannie Williams. DENY late
claim filed by Marianne Hopkins (Williams).
24-0658
approved
Sheriff
C.84
.
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to
execute a contract with the City of Oakley, to pay the County an amount
not to exceed $150,000 to provide development, storage and on-going
automated report writing support services for the period January 1, 2024
through December 31, 2027. (No County match)
24-0659
approved
C.85
.
APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to
execute a contract with Advanced Helicopter Services, Inc ., in an
amount not to exceed $3,000,000, for helicopter maintenance services
for the period February 1, 2024 through January 31, 2026. (76% CSA
P-6 Zone funds, 22% State, 2% User Agency revenue)
24-0660
approved
C.86
.
APPROVE and AUTHORIZE the Purchasing Agent to execute, on
behalf of the Sheriff-Corner, a purchase order with Agilent Technologies
in an amount not to exceed $376,920 to purchase driving under the
influence detection instruments for the Office of the Sheriff, Forensic
Services Division. (100% Federal)
24-0661
approved
Page 21 of 23
21
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
GENERAL INFORMATION
The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402.
Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the
Clerk of the Board to a majority of the members of the Board of Supervisors less than 96 hours prior to that
meeting are available for public inspection at 1025 Escobar Street, First Floor, Martinez, CA 94553, during
normal business hours.
All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one
motion. There will be no separate discussion of these items unless requested by a member of the Board before the
Board votes on the motion to adopt. Each member of the public will be allowed two minutes to comment on the
entire consent agenda.
Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for public
testimony. Each speaker during public testimony will be limited to two minutes. After public testimony, the
hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on
the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the
Clerk of the Board via mail: Board of Supervisors, 1025 Escobar Street, First Floor, Martinez, CA 94553 or to
clerkoftheboard@cob.cccounty.us.
In the interest of facilitating the business of the Board, the total amount of time that a member of the public may
use in addressing the Board on all agenda items is 10 minutes.
Time limits for public speakers may be adjusted at the discretion of the Chair.
The County will provide reasonable accommodations for persons with disabilities planning to attend Board
meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 655-2000.
Anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda may contact
the Office of the County Administrator or Office of the Clerk of the Board, 1025 Escobar Street, Martinez,
California.
Subscribe to receive to the weekly Board Agenda by calling the Office of the Clerk of the Board, (925) 655-2000
or using the County's on line subscription feature at the County’s Internet Web Page, where agendas and
supporting information may also be viewed:
www.contracosta.ca.gov
DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code section 84308, members of the Board of Supervisors are disqualified and not able
to participate in any agenda item involving contracts (other than competitively bid, labor, or personal
employment contracts), franchises, discretionary land use permits and other entitlements if the Board member
received, since January 1, 2023, more than $250 in campaign contributions from the applicant or contractor, an
agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the
County’s decision on the agenda item. Members of the Board of Supervisors who have received, and applicants,
contractors or their agents who have made, campaign contributions totaling more than $250 to a Board member
since January 1, 2023, are required to disclose that fact for the official record of the subject proceeding.
Disclosures must include the amount of the campaign contribution and identify the recipient Board member, and
may be made either in writing to the Clerk of the Board of Supervisors before the subject hearing or by verbal
disclosure at the time of the hearing.
Page 22 of 23
22
BOARD OF SUPERVISORS Meeting Minutes March 5, 2024
BOARD OF SUPERVISORS STANDING COMMITTEES
For more information please visit the Board of Supervisors Standing Committees page here:
https://www.contracosta.ca.gov/8633/Board-of-Supervisors-Standing-Committees
Airport Committee: June 6, 2024 at 10:00 a.m.
Equity Committee: March 18, 2024 at 10:30 a.m.
Family and Human Services Committee: March 25, 2024 at 10:30 a.m.
Finance Committee: April 1, 2024 at 9:30 a.m.
Head Start Advisory Committee: March 18, 2024 at 9:00 a.m.
Internal Operations Committee: March 11, 2024 at 11:00 a.m.
Legislation Committee: March 25, 2024 at 1:00 p.m.
Los Medanos Healthcare Operations Committee: March 11, 2024 at 1:00 p.m.
Public Protection Committee: April 1, 2024 at 1:00 p.m.
Sustainability Committee: March 18, 2024 at 1:00 p.m.
Transportation, Water and Infrastructure Committee: March 11, 2024 at 9:30 a.m.
AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings .
Glossary of Acronyms, Abbreviations, and other Terms
Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific
language in its Board of Supervisors meetings and written materials. For a list of commonly used language that
may appear in oral presentations and written materials associated with Board meetings, please visit
https://www.contracosta.ca.gov/8464/Glossary-of-Agenda-Acronyms .
Page 23 of 23
23
ORDINANCE NO. 2024-06
1
ORDINANCE NO. 2024-06
AUTHORIZING AGRITOURISM USES IN AGRICULTURAL ZONING DISTRICTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION 1. SUMMARY. This ordinance establishes size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts.
This ordinance also recodifies Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as
Chapter 824-4 (Grower Stands, Farm Stands, and Farm Markets). This ordinance also amends
Chapters 84-82 and 84-84 to allow stables in A-40 and A-80 agricultural zoning districts with the
issuance of a land use permit.
SECTION 2. Division 824 is added to the County Ordinance Code, to read:
Division 824
AGRITOURISM
Chapter 824-2
GENERAL AGRITOURISM REGULATIONS
824-2.002 Purpose and Intent. The purpose of this division is to establish zoning regulations to
allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses
that are located at a working farm, ranch, or other agricultural operation; are accessory to a
primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or
clients; and generate income for the owner or operator of the working farm, ranch, or other
agricultural operation. (Ord. 2024-06 § 2.)
824-2.004 Definitions. For purposes of this division, the following words and phrases have the
following meanings:
(a) “Agricamping establishment” means an establishment that provides food and lodging in
accordance with this division.
(b) “Agritourism lodging establishment” means a residence in an agricultural zoning district
that is used as a bed and breakfast establishment or a farm stay establishment.
(c) “Agritourism use” means any of the following uses located in an agricultural zoning
district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm
stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.
(d) “Bed and breakfast establishment” means an establishment that provides food and
lodging in accordance with this division.
24
ORDINANCE NO. 2024-06
2
(e) “Farm dinner” means an occasion where food is provided in accordance with this
division.
(f) “Farm market” means an area accessory to an on-site agricultural operation that is used to
sell farm products, value-added farm products, and non-agricultural items, as specified,
where the total sales area does not exceed 3,500 square feet.
(g) “Farm product” includes any of the following in its raw or natural state: any agricultural,
horticultural, viticultural, or vegetable product of the soil; poultry products; livestock
products; and apiary products. “Farm product” does not include any livestock, poultry,
fish, or shellfish.
(h) “Farm stand” means an area accessory to an on-site agricultural operation that is used
primarily to sell farm products, value-added farm products, and non-agricultural items, as
specified, where the total sales area does not exceed 1,500 square feet.
(i) “Farm stay establishment” means an establishment that provides food and lodging in
accordance with this division.
(j) “Farm-to-table restaurant” means a restaurant that provides food in accordance with this
division.
(k) “Grower stand” means an area accessory to an on-site agricultural operation that is used
to sell farm products produced on-site or proximate to the site, as specified, where the
total sales area does not exceed 1,500 square feet.
(l) “Non-agricultural item” means any item offered for sale other than farm products and
value-added farm products.
(m) “Olive oil mill” means an operation for the processing of olives into olive oil. An olive
oil mill may be a small olive oil mill or a large olive oil mill.
(n) “Olive oil production facility” means a facility or facilities at an olive oil mill used for
any of the following activities or uses: harvesting, milling, pressing, and crushing fresh
olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of
olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution
of olive oil; equipment storage and repair; composting and removal of olive pomace and
other agricultural product waste, and agricultural wastewater treatment. A tasting area or
on-site sales area at an olive oil mill is not part of the olive oil production facility at the
olive oil mill.
(o) “Responsible party” means a person that is designated by the applicant as a point of
contact for the agritourism use.
25
ORDINANCE NO. 2024-06
3
(p) “Value-added farm product” means a farm product that has been changed from its natural
state to an item in a different form through canning, drying, freezing, preserving,
fermenting, compounding, processing, packing, or a similar alteration, so as to increase
the value of the farm product.
(q) “Wine production facility” means a facility or facilities at a winery used for any of the
following activities or uses: crushing or pressing grapes; fermenting wine; aging wine;
processing and blending of wine; bottling and labeling of wine; storage of wine in cellars,
vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping,
receiving, and distribution of wine; truck scales; equipment storage and repair;
composting of grape byproducts and other agricultural product waste, and agricultural
wastewater treatment. A tasting area or on-site sales area at a winery is not part of the
wine production facility at the winery.
(r) “Winery” means an operation for the fermentation and processing of grapes into wine, or
the refermentation of still wine into sparkling wine. A winery may be a small winery or a
large winery. (Ords. 2024-06 § 2, 2007-23 § 2.)
824-2.006 Location.
(a) An agritourism use that complies with the provisions of this division may be located on
any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).
(b) Multiple agritourism uses may be permitted on the same lot, except as follows:
(1) A farm stay establishment and a bed and breakfast establishment may not be
permitted on the same lot.
(2) A farm dinner and a farm-to-table restaurant may not be permitted on the same
lot.
(3) A farm market and a farm stand may not be permitted on the same lot.
(4) A farm market and a grower stand may not be permitted on the same lot.
(5) A farm stand and a grower stand may not be permitted on the same lot.
(6) A small olive oil mill and a large olive oil mill may not be permitted on the same
lot.
(7) A small winery and a large winery may not be permitted on the same lot. (Ords.
2024-06 § 2, 2007-23 § 2.)
824-2.008 Accessory Use. An agritourism use is allowed only if it is an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206. If property is located in an
agricultural zoning district but the property is not used for agriculture, then no agritourism use is
26
ORDINANCE NO. 2024-06
4
allowed on the property. (Ords. 2024-06 § 2, 2007-23 § 2.)
824-2.010 Parking.
(a) Adequate parking for consumers and employees must be provided at an agritourism use.
If an agritourism use consists of a structure, one off-street parking space must be
provided for each 300 square feet of structural floor area, with a minimum of two parking
spaces. Each required off-street parking space must be at least nine feet by 19 feet in
size. The required parking spaces may be dirt or gravel. The required parking spaces
need not be paved, striped, or otherwise improved, but must be identifiable. Parking
spaces must be oriented such that vehicles are not required to back onto a public road.
(b) Safe access to and from a public road must be provided with a durable, dustless surface,
such as compacted gravel or a similar permeable surface, or asphalt, except that within 20
feet of a public road all access surfaces must be asphalt. A defined point of ingress and
egress must be provided. An encroachment permit must be obtained for a new point of
access to a public road.
(c) The parking requirements of Chapter 82-16 do not apply to this division. (Ords. 2024-06
§ 2, 2007-23 § 2.)
824-2.012 Signs.
(a) One or more on-site commercial signs are allowed on a lot with an agritourism use. An
“on-site commercial sign” is a sign that directs attention to the business activity
conducted or products sold or produced on the lot where the agritourism use is located.
(b) The following on-site commercial signs may be located on a lot with an agritourism use:
(1) One free-standing on-site commercial sign that does not exceed 12 feet in height
or the height of the tallest structure, whichever is lower, and whose total display
surface area does not exceed 32 square feet if the sign is single-sided or 64 square
feet if the sign is double-sided.
(2) Additional on-site commercial signs that are affixed directly to any structure with
an indoor sales area.
(3) One or more additional free-standing on-site commercial signs. No additional
free-standing sign shall exceed 12 feet in height or have a display surface area
greater than 16 square feet.
(c) The total display surface area of all on-site commercial signs on a lot with an agritourism
use shall not exceed 128 square feet.
(d) An on-site commercial sign may not encroach on any public right of way and may not
27
ORDINANCE NO. 2024-06
5
conflict with any applicable sight distance.
(e) An on-site commercial sign may not be illuminated unless expressly authorized by a land
use permit. All illuminated signs shall be directed, oriented, and shielded to prevent light
trespass or glare onto adjacent properties, public rights-of-way, and driveway areas. The
land use permit may include conditions as to the time, intensity, direction, and quality of
illumination to mitigate any negative impacts of illumination.
(f) All signs and sign structures shall be maintained in a safe and structurally sound manner
free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly
painted at all times.
(g) A temporary on-site commercial sign must be removed when not in use.
(h) An on-site commercial sign or signs authorized by this division may contain
noncommercial copy in lieu of other copy. Nothing in this division may be construed as
regulating or restricting the use of noncommercial copy or message on any sign allowed
under this section.
(i) If an agritourism use is lawfully established under the provisions of this division, on-site
commercial signs that meet the requirements of this section are allowed without a
separate permit.
(j) Off-site commercial signs are prohibited on a lot with an agritourism use. An “off-site
commercial sign” is an advertising sign that directs attention to a business activity
conducted or product or services sold or offered at a location not on the lot where the
agritourism use is located. (Ords. 2024-06 § 2, 2007-23 § 2.)
824-2.014 Height and Setbacks. An agritourism use must comply with the height and setback
requirements that apply in the zone in which the property is located. (Ords. 2024-06 § 2, 2007-
23 § 2.)
824-2.016 Events. Except as otherwise provided in this division, the requirements of Chapter
82-44, Temporary Events, apply to uses authorized under this division. (Ord. 2024-06 § 2.)
824-2.018 Permits.
(a) No permit. No permit is required under this division for a grower stand that meets the
standards contained in this division.
(b) Ministerial permit.
(1) Unless a land use permit is otherwise required by subsection (c), below, a
ministerial permit is required before any of the following uses may be established
under this division: farm stand; farm stay; farm dinner; small winery without a
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6
tasting/on-site sales area; or small olive oil mill without a tasting/on-site sales
area.
(2) An application for a ministerial permit must be made in writing and contain
sufficient information to allow the Department of Conservation and Development
to determine if the agritourism use will meet the standards in this division.
(3) An application for a ministerial permit will be approved without discretionary
review or public hearing unless any of the following grounds for denial exist:
(A) The application is incomplete.
(B) The applicant has not paid all required fees in accordance with the fee
schedule adopted by the Board of Supervisors.
(C) The applicant is delinquent in the payment of County taxes.
(D) A separate agritourism use permit associated with the location or the
applicant was revoked within 24 months before the date of application.
(E) A structure proposed for an agritourism use violates any provision of this
code, including the building standards in Title 7.
(4) After a ministerial permit for farm stay or farm dinner is issued, the department
will notify all owners of property within 300 feet of the farm stay or farm dinner
that a permit was issued. The notice will be in writing and contain the location of
the farm stay or farm dinner, contact information for the responsible party
associated with the permit, contact information for county code enforcement, and
a website address where the agritourism ordinance is listed.
(5) A ministerial permit for farm stay or farm dinner expires one year from the date
the permit was approved, unless it is revoked sooner.
(6) An application to renew a ministerial permit for farm stay or farm dinner must be
filed with the Department of Conservation and Development at least 30 days
before the permit expires.
(7) An application to renew a ministerial permit for farm stays or farm dinners will be
approved ministerially unless any of the following grounds for denial exist:
(A) Any of the grounds for denial under subsection (3) exist.
(B) The application is filed less than 30 days before the permit expires.
(C) The permit is revoked or is the subject of a revocation proceeding at the
time of application.
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(8) A short-term rental proposed for an agricultural zoning district must comply with
the permit requirements of Chapter 88-32.
(c) Land use permit.
(1) A land use permit is required before three or more of the following uses may be
established on a lot under this division: farm stand; farm stay; farm dinner; small
winery without a tasting/on-site sales area; or small olive oil mill without a
tasting/on-site sales area.
(2) A land use permit is required before any of the following uses may be established
under this division: agricamping; bed and breakfast; farm market; farm-to table-
restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on-
site sales area; or small winery with a tasting/on-site sales area.
(3) An application to establish a land use permit under this division must contain all
of the information required by Article 26-2.20 of this code.
(4) An application for a land use permit under this division will be decided in
accordance with Article 26-2.20 of this code. (Ords. 2024-06 § 2, 2007-23 § 2.)
824-2.020 Fees. Application, review, and permit fees for agritourism uses will be in amounts
established by the Board of Supervisors in the Conservation and Development Department’s fee
schedule. (Ords. 2024-06 § 2, 2007- 23 § 2.)
824-2.022 Other Laws. Agritourism uses also may be subject to ordinances, statutes and
regulations administered by other county departments, including the building department, health
department, public works department, and agricultural commissioner’s office, and may be
subject to state and federal laws and regulations. The establishment of an agritourism use under
this division does not relieve anyone from the obligation to obtain any other permit or license
required by this code or state or federal law. Nothing in this division authorizes the
establishment of a microenterprise home kitchen operation. (Ords. 2024-06 § 2, 2007-23 § 2.)
Chapter 824-4
GROWER STANDS, FARM STANDS, AND FARM MARKETS
824-4.002 Purpose and Intent. The purpose of this chapter is to establish zoning regulations to
allow for the direct marketing of farm products from agricultural producers to consumers, which
the California Legislature has found benefits the agricultural community and the consumer.
(Food and Agricultural Code, sections 47000 and following.) This chapter is intended to allow
facilities that are accessory to on-site agricultural operations where agricultural products are
produced to sell these products as specified, and is not intended to encourage the establishment
of traditional retail stores or convenience markets in agricultural zoning districts. (Ords. 2024-06
§ 2, 2007-23 § 2.)
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ORDINANCE NO. 2024-06
8
824-4.004 Sales Areas.
(a) A grower stand, farm stand, or farm market may consist of one or more outdoor sales
display areas, one or more structures with an indoor sales area, or both.
(b) The total sales area of a grower stand or farm stand, including all outdoor and indoor
sales areas, may not exceed 1,500 square feet.
(c) The total sales area of a farm market, including all outdoor and indoor sales areas, may
not exceed 3,500 square feet. (Ords. 2024-06 § 2, 2007-23 § 2.)
824-4.006 Product Sales.
(a) Grower Stands.
(1) A grower stand may sell farm products produced on-site or proximate to the site.
Vending machines that dispense bottled or canned drinks may also be located at a
grower stand.
(2) The sale at a grower stand of any of the following is prohibited: value-added farm
products; non-agricultural items, except for bottled or canned drinks dispensed
from vending machines; and farm products not produced on-site or proximate to
the site.
(b) Farm Stands.
(1) A farm stand may sell farm products produced on-site or proximate to the site.
(2) Up to 40 percent of the total sales area at a farm stand may be used for the sale of
any or all of the following: value-added farm products produced on-site or
proximate to the site; farm products not produced on-site or proximate to the site;
and non-agricultural items. No more than 10 percent of the total sales area of a
farm stand may be used for the sale of either or both of the following: non-
agricultural items and farm products not produced on-site or proximate to the site.
(c) Farm Markets.
(1) A farm market may sell farm products produced on-site or proximate to the site
and value-added farm products produced on-site or proximate to the site.
(2) Up to 20 percent of the total sales area at a farm market may be used for the sale
of either or both of the following: non-agricultural items and farm products not
produced on-site or proximate to the site.
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(d) No petroleum products or tobacco may be sold or dispensed at any grower stand, farm
stand, or farm market.
(e) Except as otherwise provided in this division, nothing may be sold from a motorized
vehicle at any grower stand, farm stand, or farm market unless the vehicle is owned by
the property owner and all sales from the vehicle are in compliance with this chapter.
(Ords. 2024-06 § 2, 2007-23 § 2.)
Chapter 824-6
WINERIES AND OLIVE OIL MILLS
824-6.002 Accessory Facilities.
(a) Production Facilities. The cumulative maximum floor area of all wine production
facilities at a winery or all olive oil production facilities at an olive oil mill is 5,000
square feet.
(b) Tasting/On-Site Sales Areas. The cumulative maximum floor area of all tasting areas and
on-site sales areas at a winery or olive oil mill is 30 percent of the total floor area of all
wine production facilities at the winery or olive oil production facilities at the olive oil
mill. (Ord. 2024-06 § 2.)
824-6.004 Production Standards.
(a) Production Capacity.
(1) Wineries. A small winery may produce no more than 50,000 gallons of wine
annually. A large winery may produce more than 50,000 gallons of wine
annually.
(2) Olive Oil Mills. A small olive oil mill may produce no more than 50,000 gallons
of olive oil annually. A large olive oil mill may produce more than 50,000
gallons of olive oil annually.
(b) Production Ingredients.
(1) A minimum of 25 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown on the premises.
(2) A minimum of 50 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown in Contra Costa County.
(3) The owner of a winery or olive oil mill must maintain records showing the total
annual production amount from fruit grown on the premises and the amount from
fruit imported from off the premises. The records must indicate the dates of
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ORDINANCE NO. 2024-06
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receipt and the quantities of all imported fruit, and the name and location of the
growing operation from which the fruit is imported. (Ord. 2024-06 § 2.)
824-6.006 Food Service. A winery or olive oil mill may serve food as part of a wine tasting or
olive oil tasting. The following standards apply to food service at a winery or olive oil mill.
(a) Food service must be incidental to the tasting of wine or olive oil.
(b) Food may not be sold separately from the wine or olive oil tasting.
(c) Food service must be limited to small appetizer-size portions with a fixed menu selected
by the winery or olive oil mill. Food service may not involve menu options and meal
service so that the winery or olive oil mill functions as a café or restaurant.
(d) Food service must be limited to one food sample per type of wine or olive oil. (Ord.
2024-06 § 2.)
824-6.08 Winery Permits and Licenses. In addition to all other permits and licenses required
by this code, state law, and federal law, a winery must have a valid permit and bond issued by
the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by
the Bureau, and a current 02 Winegrowers license issued by the California Department of
Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic
Beverage Control that allow other types of alcohol sales are prohibited. (Ord. 2024-06 § 2.)
Chapter 824-8
LODGING IN AGRICULTURAL DISTRICTS
824-8.002 Agritourism Lodging.
(a) Agritourism lodging may be provided only in a legally established residence or legally
established residential accessory structure. Agritourism lodging may not be located
within agricultural employee housing, seasonal or year-round farmworker housing, or
accessory dwelling units.
(b) The minimum parcel size for an agritourism lodging establishment is 10 acres.
(c) The owner of the land on which agritourism lodging is provided, or a tenant farmer, must
reside on the property.
(d) An agritourism lodging establishment may have a maximum of five bedrooms or sleeping
rooms used for lodging.
(e) The maximum overnight occupancy for agritourism lodging is two persons per bedroom
or sleeping room. Children under 18 years of age are not counted toward occupancy.
The maximum number of agritourism lodging guests that may be on the premises at any
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ORDINANCE NO. 2024-06
11
one time is 10.
(f) An agricultural lodging establishment may not provide lodging to a guest for more than
30 consecutive days.
(g) Food Service.
(A) An agricultural lodging establishment may serve food or meals at any time, but
only to registered guests.
(B) The price of food served at a farm stay establishment or bed and breakfast
establishment must be included in the price of the lodging.
(C) No kitchen or kitchenette facilities are allowed in a guest room within an
agritourism lodging establishment.
(h) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the agritourism
lodging establishment is prohibited during quiet hours.
(i) Exterior lighting must be directed downward and away from adjacent properties.
(j) The operator of an agricultural lodging establishment must engage in a program of
agricultural promotion and guest education regarding the agricultural activities on site
and in the area. The program may include active participation in the on-site agricultural
activities as part of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricultural
lodging, including how the program will promote local agriculture and educate guests.
(l) Farm stay establishments. The following additional standard applies to farm stay
establishments: the maximum number of days a farm stay establishment may host guests
in a calendar year is 90 days.
(m) Bed and breakfast establishments. The following additional standards apply to bed and
breakfast establishments.
(1) At least 80 percent of a parcel where a bed and breakfast establishment is located
must be engaged in agricultural activities and kept free of structures.
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ORDINANCE NO. 2024-06
12
(2) A bed and breakfast establishment may only be located on a lot served by a retail
water supplier or within the boundaries of the East Contra Costa County
Groundwater Subbasin. A “retail water supplier” is a public agency, city, county,
or investor-owned water utility regulated by the state Public Utilities Commission
that provides retail water service. A mutual water company is not a retail water
supplier.
(3) In land use districts where a bed and breakfast establishment regulated by this
division would otherwise be a permitted use, it is unlawful to establish a bed and
breakfast establishment if the location of the bed and breakfast establishment is
within one-quarter mile of any parcel occupied by any other bed and breakfast
establishment. For the purposes of this subsection, distance is measured by the
shortest line connecting any point on the property line of the parcel on which the
bed and breakfast establishment will be established to any point on the property
line of the other parcel. (Ord. 2024-06 § 2.)
824-8.004 Agricamping.
(a) Agricamping may be provided only in camping structures, including tent cabins and
yurts, or in travel trailers owned by the property owner. Camping in tents, guest-owned
structures, or guest-owned travel trailers is not allowed.
(b) The minimum parcel size for an agricamping establishment is 10 acres.
(c) The owner of the land on which agricamping is provided, or a tenant farmer, must reside
on the property.
(d) An agricamping establishment may have a maximum of five total camping structures or
travel trailers.
(e) The maximum overnight occupancy for agricamping is two persons per camping
structure or travel trailer. Children under 18 years of age are not counted toward
occupancy. The maximum number of agricamping guests that may be on the premises at
any one time is 10.
(f) An agricamping establishment may not provide lodging to a guest for more than 30
consecutive days.
(g) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at the agricamping
establishment is prohibited during quiet hours.
(h) Exterior lighting must be directed downward and away from adjacent properties.
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13
(i) An agricamping establishment may serve food or meals at any time, but only to
registered guests. No camp stove, kitchen, or kitchenette facilities are allowed in a
camping structure or travel trailer.
(j) The operator of an agricamping establishment must engage in a program of agricultural
promotion and guest education regarding the agricultural activities on site and in the area.
The program may include active participation in the on-site agricultural activities as part
of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricamping,
including how the program will promote local agriculture and educate guests. (Ord.
2024-06 § 2.)
Chapter 824-10
FOOD SERVICE IN AGRICULTURAL DISTRICTS
824-10.002 Farm Dinners.
(a) Up to 12 farm dinners may be hosted at a property per year.
(b) The maximum number of guests at a farm dinner is 30, except that one farm dinner with a
maximum of 150 guests may be held at a property annually. A farm dinner is not an
event subject to the requirements of Chapter 82-44, Temporary Events.
(c) A farm dinner may be hosted in an existing structure, outdoors on a property, on a patio,
or on a deck. If a farm dinner is hosted in an existing structure, the structure must meet
all building codes and fire codes that apply to the proposed number of guests.
(d) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a farm dinner is
prohibited during quiet hours.
(e) Exterior lighting must be directed downward and away from adjacent properties.
(f) The host of a farm dinner must engage in a program of agricultural promotion and guest
education regarding the agricultural activities on site and in the area. The program may
include active participation in the on-site agricultural activities as part of the
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14
consideration for the farm dinner.
(g) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the farm dinner,
including how the program will promote local agriculture and educate guests.
(h) This section does not authorize the establishment of a microenterprise home kitchen
operation. Food served at a farm dinner must be prepared in accordance with all
applicable local, state, and federal laws and regulations. (Ord. 2024-06 § 2.)
824-10.004 Farm-to-Table Restaurant.
(a) A farm-to-table restaurant may be established in an existing structure or in a new
structure.
(b) The minimum parcel size for farm-to-table restaurant is 10 acres.
(c) The maximum dining area size in a farm-to-table restaurant is 1,500 square feet.
(d) The maximum dining area capacity in a farm-to-table restaurant is 35 guests.
(e) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the farm-to-table
restaurant is prohibited during quiet hours.
(f) Exterior lighting must be directed downward and away from adjacent properties.
(g) Unless otherwise provided in a land use permit, at least 50 percent of the fruits and
vegetables served at a farm-to-table restaurant must be grown on-site. A land use permit
may, based the site’s agricultural activities and seasonal impacts on production, authorize
a different percentage of fruits and vegetables grown on-site that must be served at the
farm-to-table restaurant. At least 75 percent of the fruits and vegetables served at a farm-
to-table restaurant must be grown within Contra Costa County.
(h) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also demonstrate how the farm-to-table restaurant will meet the percentage
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15
requirements for fruits and vegetables that must be grown on-site. The plan must also
describe the agricultural promotion program associated with the farm-to-table restaurant,
including how the program will promote local agriculture and educate guests.
(i) At least 80 percent of a parcel where a farm-to-table restaurant is located must be
engaged in agricultural activities and kept free of structures.
(j) A farm-to-table restaurant may only be located on a lot served by a retail water supplier
or within the boundaries of the East Contra Costa County Groundwater Subbasin. A
“retail water supplier” is a public agency, city, county, or investor-owned water utility
regulated by the state Public Utilities Commission that provides retail water service. A
mutual water company is not a retail water supplier.
(k) In land use districts where a farm-to-table restaurant regulated by this division would
otherwise be a permitted use, it is unlawful to establish a farm-to-table restaurant if the
location of the farm-to-table restaurant is within one mile of any parcel occupied by any
other farm-to-table restaurant. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel on which the
farm-to-table restaurant will be established to any point on the property line of the other
parcel. (Ord. 2024-06 § 2.)
824-10.006 Mobile Food Vendors.
(a) Except as otherwise provided for in this section, a food truck or other mobile food vendor
may not operate on any private parcel where an agritourism use is authorized under this
division.
(b) A food truck or other mobile food vendor may operate on a private parcel where an
agritourism use is authorized in any of the following circumstances.
(1) The agritourism use is a grower stand, farm stand, or farm market, and the food
truck or other mobile food vendor is accessory to and only operates during the
operation of the grower stand, farm stand, or farm market. Not more than three
food trucks or other mobile food vendors may operate on the private parcel at the
same time.
(2) A land use permit issued under this division authorizes a food truck or other
mobile food vendor to operate on the private parcel.
(3) The food truck or other mobile food vendor is part of a temporary event
authorized under Chapter 82-44. (Ord. 2024-06 § 2.)
SECTION 3. Chapter 88-20 of the County Ordinance Code is repealed.
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SECTION 4. Section 84-38.404 of the County Ordinance Code is amended to read:
84-38.404 Uses—Requiring land use permit. The following uses may be allowed in an A-2
district on the issuance of a land use permit:
(1) Publicly owned parks and playground.
(2) Dude ranches, riding academies and stables, and dog kennels.
(3) Publicly owned buildings and structures, except as provided in Division 82.
(4) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(5) Wind energy conversion systems. This use is allowed without a land use permit if
used only as an accessory to an allowable residential or agricultural use.
(6) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency
approvals and licenses.
(7) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and
convalescent homes.
(8) Churches, religious institutions, and parochial and private schools.
(9) Community buildings, clubs, and activities of a quasi-public, social, fraternal, or
recreational character, such as golf, tennis or swimming clubs, or veterans' or
fraternal organizations. These uses are prohibited if organized for monetary profit.
(10) One additional single family dwelling.
(11) Medical and dental offices and medical clinics.
(12) Merchandising of agricultural supplies and services incidental to an agricultural
use.
(13) Commercial kitchens or other facilities for creating value-added farm products.
(14) Canneries.
(15) Slaughterhouses and stockyards.
(16) Rendering plants and fertilizer plants or yards.
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17
(17) Livestock auction or sales yards.
(18) Commercial recreational facilities when the principal use is not in a building.
(19) Boat storage facilities within one mile by public road of a boat launching facility
open to the public. Vessels and vessel trailers may be stored in a boat storage
facility. Recreational vehicles may be stored in a boat storage facility as long as
the number of recreational vehicles stored does not exceed fifteen percent of the
total number of storage spaces in the storage facility.
(20) Retail firewood sales.
(21) Recycling operations intended to sort or process material for reuse. Junkyards,
defined in Section 88-4.206, are prohibited.
(22) Museums in which objects of historical, artistic, scientific or cultural importance
are preserved and displayed.
(23) A farm market.
(24) Agricultural cold storage plants on parcels less than ten acres in size.
(25) Farmworker housing center.
(26) Commercial cannabis activities that meet the requirements of Chapter 88-28.
(Ords. 2024-06 § 4, 2022-37 § 8, 2018-18 § 5, 2017-14 § 10, 2013-12 § 6, 2009-
12 § 3, 2007-23 § 4, 2003-11 § 3, 94-28 § 2, 89-46 § 2, 76-36 § 3, 7437 § 2, 60-
82, 1988, 1569 § 2: prior code § 8156(b): Ords. 1406 § 3, 497 § 4, 382 § 4E.)
SECTION 5. Section 84-42.404 of the County Ordinance Code is amended to read:
84-42.404 Uses—Requiring land use permit. The following uses may be allowed in an A-4
district on the issuance of a land use permit:
(1) Related commercial agricultural uses including the erection or modification of
sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing and
buildings for the storage of agricultural products and equipment.
(2) A farm market.
(3) A detached single-family dwelling on each parcel and the accessory structures
and uses normally auxiliary to it. In no event shall any residential structure be
permitted to be built or additional residential structure be erected on less than
forty acres per unit for non-prime agricultural land, or less than ten acres per unit
of the agricultural land. A separate land use permit is required for one additional
single-family dwelling on the parcel.
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18
(4) Wholesale nurseries and greenhouses.
(5) Hog ranches.
(6) Dairying.
(7) Fur farms.
(8) Livestock and feed yards.
(9) Poultry raising.
(10) Commercial fish farming.
(11) Commercial kitchens or other facilities for creating value-added farm products.
(12) Canneries.
(13) Mushroom houses.
(14) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(15) Those uses described in Government Code Section 51201(e).
(16) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(17) Farmworker housing center. (Ords. 2024-06 § 5, 2017-14 § 12, 2013-12 § 7,
2007-23 § 6, 2006-19 § 8, 2003-12 § 2, 86-61 § 3, 84-24 § 3, 68-54 § 1 (part),
1968: prior code § 8169(b).)
SECTION 6. Section 84-80.404 of the County Ordinance Code is amended to read:
84-80.404 Uses with land use permit. The following uses may be allowed in an A-20 district
on the issuance of a land use permit:
(1) Merchandising of agricultural supplies and services incidental to agricultural use.
(2) Commercial kitchens or other facilities for creating value-added farm products.
(3) Canneries.
(4) Cold storage plants.
(5) Rendering plants and fertilizer plants or yards.
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19
(6) Livestock auction or sales yards.
(7) Wholesale nurseries and greenhouses.
(8) Mushroom houses.
(9) Processing of milk not produced on premises.
(10) Dude ranches, riding academies, stables, dog kennels.
(11) Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and
animal hospitals.
(12) Churches, religious institutions, parochial and private schools.
(13) Community buildings, clubs, activities of a quasi-public, social, fraternal or
recreational character.
(14) Medical and/or dental offices and clinics.
(15) Boat storage area within one mile by public road of a public boat launching
facility.
(16) Oil and gas drilling and production including the installation and use of only such
equipment necessary and convenient for drilling and extracting operations.
(17) Commercial radio and television receiving and transmitting facilities other than
broadcasting studios and business offices.
(18) One additional single-family dwelling.
(19) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(20) A farm market.
(21) Farmworker housing center.
(22) Commercial cannabis activities that meet the requirements of Chapter 88-28.
(23) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency approvals and
licenses. (Ords. 2024-06 § 6, 2022-37 § 9, 2018-18 § 5, 2017-14 § 16, 2013-12 § 9, 2007-23 § 8,
2006-19 § 11, 86-61 § 4, 84-24 § 4, 79-108.)
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20
SECTION 7. Section 84-82.404 of the County Ordinance Code is amended to read:
84-82.404 Differences from A-20 district.
The following regulations for A-40 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-40 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-40 district shall be erected or
placed on a lot smaller than 40 acres in area. (Ords. 2024-06 § 7, 2017-14 § 17, 79-108.)
SECTION 8. Section 84-84.404 of the County Ordinance Code is amended to read:
84-84.404 Differences from A-20 district.
The following regulations for A-80 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-20 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-80 district shall be erected or
placed on a lot smaller than 80 acres in area. (Ords. 2024-06 § 8, 2018-18 § 5, 2017-14 §
17, 79-108.)
SECTION 9. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting
for or against it in the East Bay Times, a newspaper published in this County.
PASSED on _______________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Monica Nino, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
KCK:
43
**Three or more of the following uses may be established on a lot with issuance of a land use permit:
farm stand; farm stay; farm dinner; small winery without a tas�ng/on-site sales area; or small olive oil mill without a tas�ng/on-site sales area.
Atachment B – REVISED Table of Agritourism Uses
Agritourism Use
Type of Permit
Minimum Lot
Area
Maximum Occupancy/
Sales/Floor Area/
Frequency of Activity
Food Sold
Other Noteworthy Requirements
Grower Stands, Farm Stands, Farm Markets
grower stand None None 1,500 sq. �. Yes, only as permited by
Sec�on 824-4.006 (e) and
824-10.006.
Sale of farm products produced on-site or proximate to the site, including
botled or canned drinks
A maximum of three food trucks or mobile food vendors at a �me may operate
as an accessory use during opera�ons.
farm stand Ministerial** None 1,500 sq. ft. Yes, see
Sec�on 824-4.006 (b) and (e)
and 824-10.006.
Sale of farm products produced on-site or proximate to the site.
Up to 40 percent of the total sales area used for the sale of value-added farm
products produced on-site or proximate to the site; farm products not
produced on-site or proximate to the site; and non-agricultural items.
No more than 10 percent of the total sales area of a farm stand may be used for
the sale of either or both of the following: non-agricultural items and farm
products not produced on-site or proximate to the site.
A maximum of three food trucks or mobile food vendors at a �me may operate
as an accessory use during opera�ons.
farm market Land Use Permit None 3,500 sq. �. Yes, see
Sec�on 824-4.006 (c) and (e)
and 824-10.006.
Sale of farm products produced on-site or proximate to the site and value-
added farm products produced on-site or proximate to the site.
Up to 20 percent of the total sales area may be used for the sale of either or
both of the following: non-agricultural items and farm products not produced
on-site or proximate to the site.
A maximum of three food trucks or mobile food vendors at a �me may operate
as an accessory use during opera�ons.
Lodging
farm stay Ministerial**
Renewed annually
10 acres 5 bdrms max; 2 p/bdrm with a
max of 10 at any one �me; not
more than 30 consecu�ve days;
90 days max to host in a
calendar year.
Yes, served only to guests. Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Provide an agricultural activities and promotion plan.
agricamping Land Use Permit 10 acres 5 max camping structures or
travel trailers; 2 max/camping
structure with a max of 10 at
any one �me; not more than 30
consecu�ve days
Yes, served only to guests. Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Provide an agricultural activities and promotion plan.
bed and breakfast Land Use Permit 10 acres 5 bdrms max; 2 p/bdrm with a
max of 10 at any one �me; not
more than 30 consecu�ve days.
Ye s, served only to guests. Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Provide an agricultural activities and promotion plan.
At least 80% of parcel is engaged in agricultural activities and kept free of
structures.
Served by a retail water supplier or within boundaries of the East Contra Costa
County Groundwater Subbasin.
Not located within ¼ mile of another bed and breakfast establishment.
44
Page 2 of 2
**Three or more of the following uses may be established on a lot with issuance of a land use permit:
farm stand; farm stay; farm dinner; small winery without a tas�ng/on-site sales area; or small olive oil mill without a tas�ng/on-site sales area. REV 02/21/24
Food Service
farm dinner Ministerial**
Renewed annually
None Up to 12 farm dinners/yr; 30
max guests, except one farm
dinner annually with a max of
150 guests located w/in exis�ng
structure, outdoors, pa�o or
deck.
Yes Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Provide an agricultural activities and promotion plan.
Not authorized for a microenterprise home kitchen opera�on.
farm-to-table restaurant Land Use Permit
10 acres 1,500 sq. �. max dining area, 35
guests max for dining area.
Yes Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
At least 50% of fruits and vegetables served must be grown on-site; at least 75% of
fruits and vegetables served must be grown within CCC. A land use permit may,
based on the site’s agricultural activities and seasonal impacts on production,
authorize a different percentage of fruits and vegetables grown on-site.
Provide an agricultural activities and promotion plan.
At least 80% of parcel is engaged in agricultural activities and kept free of
structures.
Served by a retail water supplier or within boundaries of the East Contra Costa
County Groundwater Subbasin.
Not located within one mile of another farm-to-table establishment.
Wineries
small winery w/o
tasting/on-site sales area
Ministerial** None 5,000 sq. �. cumula�ve max
floor area.
No Produce 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC.
Small winery w/tasting/
on-site sales area
Land Use Permit None 5,000 sq. �. cumula�ve max
floor area; cumula�ve max floor
area of all tas�ng and on-site
sales is 30% of total floor area of
produc�on facili�es.
Yes, see
Sec�on 824-6.006
Produce 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC
Large winery Land Use Permit None 5,000 sq. �. cumula�ve max
floor area; cumula�ve max floor
area of all tas�ng and on-site
sales is 30% of total floor area of
produc�on facili�es.
Yes, see
Section 824-6.006
Produce more than 50,000 gallons annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC.
Olive Oil Mills
small olive oil mill w/o
tas�ng/on -site sales area
Ministerial** None 5,000 sq. �. cumula�ve max
floor area.
No Produce 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC
small olive oil mill w/tas�ng/
on-site sales area
Land Use Permit None 5,000 sq. �. cumula�ve max
floor area; cumula�ve max floor
area of all tas�ng and on-site
sales is 30% of total floor area of
produc�on facili�es.
Yes, see
Section 824-6.006
Produce 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC
large olive oil mill
Land Use Permit None 5,000 sq. �. cumula�ve max floor
area; cumula�ve max floor area of
all tas�ng and on-site sales is 30%
of total floor area of produc�on
facili�es.
Yes, see
Section 824-6.006
Produce more than 50,000 gallons annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC.
45
RECOMMENDATION(S):
ACCEPT report on “Recommendations on Reforming Agricultural Land Use Policies in Contra Costa County To
Improve Both Economic Vitality and Sustainability” and DIRECT staff to take the actions necessary to further
evaluate and implement the recommendations in the report, including returning to the Board for any and all necessary
authorizations and approvals.
FISCAL IMPACT:
None to the General Fund. The Board previously approved the expenditure of up to $150,000 from the Livable
Communities Trust (District III portion) by the Department of Conservation and Development (DCD) to conduct the
public review and develop recommendations. Of this amount, approximately $40,000 remains.
The majority of the recommendations in the report relate to the proposed modifications of the zoning code and
General Plan. The expense of preparing and analyzing these policy changes and conducting the necessary approval
process can be covered by the remaining $40,000, and, if necessary, by DCD’s existing Land Development Fund
budget.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/04/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Jennifer Cruz, (925)
674-7790
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: February 4, 2020
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
D.6
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:February 4, 2020
Contra
Costa
County
Subject:Agricultural Land Use Policy Update Report
46
FISCAL IMPACT: (CONT'D)
Most of the remaining recommendations relate to suggestions for new approaches to existing County work and
can be accommodated within existing budgets. A few of the recommendations call for exploring new policies or
approaches (e.g. explore establishing a noise ordinance) that could lead to public demands for additional service.
The fiscal impacts of these actions will need to be evaluated in the future as part of the detailed review
recommended by the report. One of the recommendations mentions seeking outside grant funding to promote
agriculture in the county.
BACKGROUND:
Board Direction
On December 20, 2016, at the recommendation of then Supervisor Piepho, the Board of Supervisors approved the
expenditure of up to $150,000 from the Livable Communities Trust (District III Portion) and authorized DCD, in
consultation with the Ag Task Force and local agricultural stakeholders, to identify for future Board consideration
specific actions the County could take to further promote and incentivize agricultural sustainability and economic
vitality. The succeeding District III Supervisor, Supervisor Burgis, met with staff and outreached to the
community to generate interest and ideas for the upcoming public process. On February 13, 2018, Supervisor
Burgis recommended, and the Board approved, authorizing DCD to convene a series of open, public meetings
with persons and groups interested in the policy reform topic, in lieu of relying on the Ag Task Force which has
not met in years and does not have any members.
Public review process
Over the past 20 months, DCD convened a series of public meetings with people and parties interested in
agricultural sustainability and economic vitality in Contra Costa County to review existing land use regulations
and collect input on potential modifications to these policies.
The core of the policy review process was 12 large public meetings, which included a range of 20-70 participants
per meeting. Participants that attended the meetings come from diverse backgrounds, ranging from various
segments of the farming and ranching community, to rural residents, to proponents of various agricultural
commercial ventures to conservation organizations. The meetings also included significant support and
participation from the County's Departments of Agriculture, Health Services (Environmental Health Division),
and Public Works, and agencies such as the University of California Cooperative Extension (UCCE) and Contra
Costa Resource Conservation District (RCD).
The first three meetings were held in different areas of the County (Knightsen, Martinez, and Danville) during the
months of June, July, and August 2018. The remaining meetings were held in Knightsen at the Knightsen Farm
Bureau Hall, with the last meeting held on September 19, 2019. Participants provided insights on what makes the
County unique, developed a shared vision for the future of agriculture in Contra Costa County, identified
obstacles to a healthier agricultural economy, and discussed opportunities and constraints of agritourism. Staff
researched policies and programs in other counties and developed numerous tables and maps with relevant
background information. The meetings also included guest speakers from Yolo County and Sonoma County
sharing their experiences promoting agriculture in their regions and their work as an agricultural ombudsperson.
The discussion among the participants and the County led to a number of specific proposals to improve
agricultural land use policy. These proposals were assembled into a preliminary list of recommendations,
including thoughts on key conditions and staff notes on key relevant Building, Health and Public Works
provisions. Iterative drafts of the list of recommendations were discussed in meetings and commented on in
numerous comment periods over the course of approximately one year.
The attached report is the result of that intensive process. It is intended to reflect the general consensus of
participants in the process, where such consensus emerged. Key areas of disagreement are noted at various places
within the recommendations. Challenging issues will still need to be resolved in order to implement these
recommendations, but it is hoped that this report can serve as a foundation for progress toward more sustainable
47
and economically vibrant agriculture in Contra Costa County.
Staff appreciates the contributions provided by the many community members who gave significant time and
effort to this process.
Summary of Recommendations
The recommendations can be found in Section IV of the attached report. These recommendations consist of
proposed new agricultural uses and new agricultural land use policy initiatives. The recommendations in Section
IV are briefly summarized below.
This report recommends various new types of lodging accommodations, including short-term rentals for 90 days
or less, farm stays for up to 90 days, bed-and-breakfast, and camping/yurts/little houses on wheels. Short-term
rentals and farm stays would require being located within an existing building. Bed-and-breakfast could be
located within an existing, new, or modified building. These recommended uses may require a zoning permit such
as a ministerial permit or a land use permit, in addition to other permits required by other agencies.
Participants of the public meetings also recommend food service uses such as farm dinners, farm-to-table
restaurants, updating the Winery Ordinance, and allowing hosting of large events. These recommended uses may
require a zoning permit such as a ministerial permit or a land use permit, in addition to other permits required by
other agencies.
Broader policy reforms have also been a topic of discussion. Policy reforms include mitigation for conversion of
agricultural land, new efforts to address rural blight and illegal dumping, examining opportunities to reduce
impacts of rural development on agriculture, new efforts to facilitate communication between the farming
community and regulatory agencies, improving permitting for agricultural uses, and considering a noise ordinance.
Recommendations to promote agriculture in Contra Costa County include equestrian and bike trails to connect
farms, consider allowing equestrian facilities within additional agricultural districts, exploring additional funding
for signage to promote agriculture in the County, updating the County’s Sign Ordinance, and working with other
agencies to promote agricultural vitality in the County.
Next Steps
If authorized by the Board of Supervisors, DCD will work to develop the following:
An overall work plan and timeline for evaluating and implementing the recommendations, as directed by
the Board.
Develop draft General Plan Policies and Zoning Text Amendments, perform environmental review and
present recommended new policies to the Planning Commission and the Board for consideration.
On a parallel track, work with other agencies and partners to pursue recommendations that are not related to
General Plan and Zoning changes.
On a third parallel track, continue the outreach to, and dialog with, the community of people interested in
these topics to maintain community engagement and solicit input as recommendations are evaluated and
implemented.
CONSEQUENCE OF NEGATIVE ACTION:
If the Department of Conservation and Development is not authorized to take the steps to explore the
recommendations, then the necessary work required to move forward with the agricultural land use policy
recommendations discussed with the participants would not be implemented.
CHILDREN'S IMPACT STATEMENT:
The recommended action will not affect children’s programs in the County.
CLERK'S ADDENDUM
Speakers: Jan Rix, Kamyar Aram, UC Cooperative; Jeff Weidemann, Weidemann Ranch; Kathy Griffin; Zoe
48
Speakers: Jan Rix, Kamyar Aram, UC Cooperative; Jeff Weidemann, Weidemann Ranch; Kathy Griffin; Zoe
Siegel, Greenbelt Alliance; Barbara Frantz, Tess' Community Farm; Rebecca Courchesne, Frog Hollow Farm;
Juan Pablo Bavan, Save Mount Diablo; John Viano, CC Farm Bureau; Karen Rarey, Brentwood City Council.
The Supervisors expressed particular interest in staff addressing:
Guidelines for farm-to-table cafes, such as a particular percentage of the food served originating from the farm,
and the required amount of acreage to have a permit for café or bed and breakfast being manageable;
Further examination of whether mitigation fees are an appropriate choice for the agricultural area or an economic
burden;
Retaining sustainable agriculture and the rural nature of the area.
ACCEPTED the report on “Recommendations on Reforming Agricultural Land Use Policies in Contra Costa
County To Improve Both Economic Vitality and Sustainability” and DIRECTED staff to take the actions
necessary to further evaluate and implement the recommendations in the report, including returning to the Board
for any and all necessary authorizations and approvals.
ATTACHMENTS
Recomendations on Agricultural Land Use Policy to BOS 2-4-20
49
Recommendations on Reforming
Agricultural Land Use Policies in
Contra Costa County
To Improve Both Economic Vitality and
Sustainability
February 4, 2020
50
BOS Recommendations 2-4-20
Page 2 of 33
Table of Contents
I. Summary
II. Vision Statement
III. Background Information
a. Board Direction
b. Key maps (General Plan, Zoning, Ag Core, Conserved agricultural lands,
etc.)
c. Table of Existing Agriculturally Zoned Uses in Contra Costa County
d. Table Comparing Agricultural Uses in Other Counties
e. Table Comparing Ombudsperson in Different Counties
IV. Recommendations
51
BOS Recommendations 2-4-20
Page 3 of 33
I. Summary
With authorization and direction from the Contra Costa County Board of Supervisors,
the Department of Conservation and Development (DCD) conducted a public review of
existing land use regulations related to agriculture to identify for future Board
consideration specific actions the County could take to further promote and incentivize
agricultural sustainability and economic vitality. Over the past 20 months, DCD
convened a series of public meetings with people and parties interested in agricultural
sustainability and economic vitality in Contra Costa County to review existing land use
regulations and collect input on potential modifications to these policies.
The core of the policy review process was 12 large public meetings, which included a
range of 20-70 participants per meeting. Participants that attended the meetings come
from diverse backgrounds, from various segments of the farming and ranching
community, to rural residents, to proponents of various agricultural commercial ventures
to conservation organizations. The meetings also included significant support and
participation from the County's Departments of Agriculture, Health Services
(Environmental Health Division), and Public Works, and agencies such as the University
of California Cooperative Extension (UCCE) and Contra Costa Resource Conservation
District (RCD).
The first three meetings were held in different areas of the County (Knightsen, Martinez,
and Danville) during the months of June, July, and August 2018. The remaining meetings
were held in Knightsen at the Knightsen Farm Bureau Hall, with the last meeting held on
September 19, 2019. Participants provided insights on what makes the County unique,
developed a shared vision for the future of agriculture in Contra Costa County, and
identified obstacles to a healthier agricultural economy, and opportunities and
constraints of agritourism. Staff researched policies and programs in other counties and
developed numerous tables and maps with relevant background information. The
meetings also included guest speakers from Yolo County and Sonoma County sharing
their experiences promoting agriculture in their regions and their work as an agricultural
ombudsperson.
The discussion among the participants and the County led to a number of specific
proposals to improve agricultural land use policy. These proposals were assembled into
a preliminary list of recommendations, including thoughts on key conditions and staff
notes on key relevant Building, Health and Public Works provisions. Iterative drafts of
the list of recommendations were discussed in meetings and commented on in
numerous comment periods over the course of approximately one year.
This report is the result of that intensive process. It is intended to reflect the general
consensus of participants in the process, where such consensus emerged. Key areas of
52
BOS Recommendations 2-4-20
Page 4 of 33
disagreement are noted at various places within the recommendations. Challenging
issues will still need to be resolved in order to implement these recommendations, but it
is hoped that this report can serve as a foundation for progress toward more sustainable
and economically vibrant agriculture in Contra Costa County.
Key recommendations continued in this report are summarized below:
This report recommends various new types of lodging accommodations, including
short-term rentals for 90 days or less, farm stays for up to 90 days, bed-and-breakfast,
and camping/yurts/little houses on wheels. Short-term rentals and farm stays would
require being located within an existing building. Bed-and-breakfast could be located
within an existing, new, or modified building. These recommended uses may require a
zoning permit such as a ministerial permit or a land use permit, in addition to other
permits required by other agencies.
Participants of the public meetings also recommend food service uses such as farm
dinners, farm-to-table restaurants, updating the Winery Ordinance, and allowing hosting
of large events. These recommended uses may require a zoning permit such as a
ministerial permit or a land use permit, in addition to other permits required by other
agencies.
Broader policy reforms have also been a topic of discussion. Policy reforms include
mitigation for conversion of agricultural land, new efforts to address rural blight and
illegal dumping, examining opportunities to reduce impacts of rural development on
agriculture, new efforts to facilitate communication between the farming community
and regulatory agencies, improving permitting for agricultural uses, and considering a
noise ordinance.
Recommendations to promote agriculture in Contra Costa County include equestrian
and bike trails to connect farms, consider allowing equestrian facilities within additional
agricultural districts, exploring additional funding for signage to promote agriculture in
the County, updating the County’s Sign Ordinance, and working with other agencies to
promote agricultural vitality in the County.
53
BOS Recommendations 2-4-20
Page 5 of 33
II. Vision and Goals to Guide Review of Agricultural Land Use Policy
in Contra Costa County
Setting:
Contra Costa County’s rich soils, micro-climate, and reliable water supplies have allowed
generations of farmers to produce a variety of outstanding crops. Contra Costa farmers
have grown a wide variety of food for the Bay Area and beyond since the Gold Rush;
from vast winter wheat fields in the 1880’s to sweet corn, stone fruits, vegetables, olives,
wine grapes and beef today. Before the prohibition, Contra Costa County was home to
over fifty wineries, including the largest winery in the world for 12 years (1907-1919),
Winehaven, in Richmond. East Contra Costa has a long history of agricultural tourism,
including U-pick operations going back to the 1970s. Over 100,000 people travel to
Brentwood to pick cherries over Memorial Day weekend, annually. The unique
combination of world class growing conditions, proud farming tradition and location
within a major metropolitan area make agriculture one of Contra Costa County’s most
important assets.
Agricultural lands composed primarily of highly fertile Class I or II soils support a wide
variety of crops and many are irrigated and intensively farmed to produce food, fiber,
and plant materials. The majority of East Contra Costa’s agricultural lands with Class I or
II soils are located east of Brentwood in the County’s Agricultural Core, a General Plan
Land Use Designation intended to protect and promote agriculture on these high
quality lands. The County’s remaining intensively cultivated agricultural lands are
primarily concentrated there, in the Sacramento-San Joaquin Delta and in the
surrounding plain of Eastern Contra Costa County.
Agriculture thrives in other areas of the County as well. The Tassajara Valley area
supports thousands of acres of rangeland. That area is at a crossroad; historic farming
and ranching activities are merging with rural residential development, habitat
conservation, public lands, and various other activities. Briones, Morgan Territory, and
Las Trampas areas are also facing similar land use transitions and challenges.
Contra Costa County’s History of Land Use Regulations:
In 1978, the Board of Supervisors adopted the East County Area General Plan, which
included the new Agricultural Core (Ag Core) land use designation. The adopted policies
were intended to preserve and protect East County’s prime agricultural soils. In 1990,
County voters approved Measure C, establishing the 65/35 Land Preservation Plan and
Urban Limit Line (ULL) requiring at least 65 percent of all land in the county be
preserved for “non-urban” uses such as agriculture, open space, wetlands, and parks.
Measure C also required a 40-acre minimum parcel size for prime agricultural lands. In
54
BOS Recommendations 2-4-20
Page 6 of 33
2006, voters approved Measure L, which extended the term of the ULL through 2026
and placed limitations on changes to the boundary. The required 2016 review of the
ULL determined capacity existed inside the ULL to accommodate jobs and housing
growth through 2036.
Policies have also been adopted to protect and encourage the economic viability of
agricultural land. For example, the County has adopted Farmstand, Farm-Market, and
Right to Farm Ordinances to protect existing uses and allow some new ones.
Additionally, the County also has adopted the Farmworker Housing Ordinance, which
allows and regulates housing accommodations for farmworkers. Further, the County
commissioned a report entitled Agricultural Infrastructure Report and Key Findings from
agricultural economist Lon Hatamiya in 2015. That report identified economic
opportunities such as demand for locally grown, source-identified, health, and
sustainably-produced food, demand for organic products, potential to expand value-
added food processing, manufacturing, co-processing, and co-packing across the
County, and expanded agricultural tourism in Contra Costa County.
Vision and Goals for the Future of Agriculture in Contra Costa County:
A thriving agricultural sector, including sustainable agricultural lands and a vibrant and
diverse agricultural economy, should remain a high priority for the Cou nty in setting
land use policy.
The following are primary goals for the future of agriculture in Contra Costa County:
• Build on the unique assets of Contra Costa County to make agriculture more
vibrant and sustainable. These assets include rich soils, a unique and varied
climate, high-quality rangeland, reliable water supply, proximity to a major
metropolitan area, natural beauty and the recognized expertise of County farmers
and ranchers.
• Enable production of a diverse array of high-quality crops and agricultural
products. The diversified production will make the agricultural sector more
adaptable and resilient to changes in market conditions.
• Provide farmers greater opportunity to capitalize on the beauty, quality, diversity
and accessibility of farmland in the County. Agricultural tourism and direct
marketing opportunities should be supported and expanded.
• Protect the natural resources necessary for a thriving agricultural economy,
beneficial to the quality of life for residents in the agricultural areas, important for
climate resilience and ecological health and representing an important piece of
the natural heritage of future generations (e.g. soil, water and water quality, air
quality, biotic resources).
55
BOS Recommendations 2-4-20
Page 7 of 33
• Adapt regulation to meet the unique needs of the agricultural community,
including making County permitting as efficient and flexible as possible (while
maintaining effective regulatory protections), communicating clearly and often
with the agricultural constituency and ensuring that enforcement is effective.
• Improve the sustainability of agricultural communities, by retaining and enhancing
the attractive, rural, natural, agricultural character of these areas and by
discouraging non-conforming uses that blight the community, while also
reflecting that farmers have a right to farm. The beauty of agricultural and natural
open space is a County resource with value for the economy, health, and well-
being of farming communities, commuters, and surrounding urban areas.
• Recognize that finite resources (water, transportation, space, firefighting/fire
resiliency) require a balanced approach to rural development.
• Support opportunities for urban agriculture, where appropriate.
56
BOS Recommendations 2-4-20
Page 8 of 33
III. Background Information
a. Board Direction
b. Key maps (General Plan, Zoning, Ag Core, Conserved agricultural lands, etc.)
c. Table of Existing Agriculturally Zoned Uses in Contra Costa County
d. Table Comparing Agricultural Uses in Other Counties
e. Table Comparing Role of Agricultural Ombudsperson in Other Counties
57
RECOMMENDATION(S):
1. AUTHORIZE the Department of Conservation and Development (DCD), in consultation
with the Contra Costa County Agriculture Advisory Task Force and local agricultural
stakeholders, to review existing land use regulations (e.g., General Plan policies and zoning)
and identify for future Board consideration specific actions the County could take to further
promote and incentivize agricultural sustainability and economic vitality; and
2. APPROVE the expenditure of up to $150,000 from the Livable Communities Trust
(District III Portion) for this purpose, as recommended by Supervisor Mary Nejedly Piepho.
FISCAL IMPACT:
None to the General Fund. Up to $150,000 from the Livable Communities Trust (District III
portion) will be allocated toward the effort.
BACKGROUND:
Agriculture has historically been an important part of Contra Costa County’s economy and
culture, with agricultural
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/20/2016 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: TOMI RILEY,
925-252-4500
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 20, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C.106
To:Board of Supervisors
From:Mary N. Piepho, District III Supervisor
Date:December 20, 2016
Contra
Costa
County
Subject:Allocation of Funds from the Livable Communities Trust to Develop Recommendations on Agricultural
Land Use Policy
58
BACKGROUND: (CONT'D)
activities dating back to the Spanish colonial period. Good soils, a mild climate, and
adequate water supplies allowed agriculture to become a principal element of the county’s
economy. However, the agricultural sector began a steady decline following World War II,
as tens of thousands of acres of productive agricultural land were converted to accommodate
urban and suburban growth.
Understanding the impact of development pressures on agricultural resources, in 1978 the
Board of Supervisors established the Agricultural Core (“Ag Core”) as part of the
newly-adopted East County Area General Plan (see Note 1). The Ag Core included 14,600
acres of farmland that were the most capable of supporting and sustaining agricultural
production because the soils were considered the best for farming a wide variety of plants or
crops. These soils were rated as “Prime Farmland” through a soil survey conducted by the
U.S. Department of Agriculture’s Soil Conservation Service (now the Natural Resource
Conservation Service). Additionally, the Ag Core is identified as Prime Farmland through
the Farmland Monitoring and Mapping Program administered by the California Department
of Conservation, Division of Land Resources Protection (see Attachment A, Contra Costa
County Important Farmland Map 2014 and Note 2).
In 1990 Contra Costa voters approved Measure C, which among other things established
the County’s Urban Limit Line and resulted in the County rezoning the Ag Core to require
40-acre minimum parcel sizes where 10-acres had been the previous minimum.
Unfortunately, the years immediately preceding Measure C’s adoption saw a spike in
subdivision applications within the Ag Core, which resulted in creation of numerous parcels
that are undersized by today’s zoning standards. These parcels are often developed as estate
lots or other non-agricultural uses and may not easily lend themselves to
economically-viable agricultural enterprises due to their size.
Despite public and private efforts to preserve the county’s productive agricultural land over
the past several decades, from 1984 through 2014 Prime Farmland decreased from 41,181
to 25,502 acres and Important Farmland decreased from 116,148 to 88,912 acres (see Note
3). Prime Farmland within the Ag Core itself has decreased from 14,600 acres to
approximately 11,500 acres since the Ag Core’s inception.
Despite the decrease in agricultural acreage, agriculture is still an important element of the
Contra Costa County economy. In 2015 agriculture contributed $225 million and provided
2,277 jobs (1,735 direct and 542 indirect/supporting) (see Note 4). The $128.5 million gross
value of the county’s agricultural production ranked 38th out of the 56 California counties
submitting crop reports in 2015 and 6th out of the 9 Bay Area counties (see Note 5).
While Contra Costa’s agricultural production may be small compared to the $3.23 billion
production of San Joaquin County, it is nearly three times larger than the agricultural
production of neighboring Alameda County. Local initiatives such as Buy Fresh, Buy Local
and Harvest Time in Brentwood have increased awareness of Contra Costa’s agricultural
59
resources and products, but its agricultural tourism (“agritourism”) industry lags behind
Alameda County’s relative to the size of its agricultural economy. In part this is because
Alameda County has adopted a clear vision for its most prominent agricultural area, the
South Livermore Valley, and successfully worked with the cities of Livermore and
Pleasanton and local stakeholders, like the Livermore Valley Winegrowers Association, to
leverage its agricultural resources. Contra Costa County can learn from and build upon
Alameda County’s experience.
Food production has also become an issue of intense public interest in recent years. Across
the nation people have become increasingly aware of their food sources and production
practices. Organically farmed and farm-to-table, concepts which were somewhat obscure a
just decade ago, are now mainstream and commonly factor into consumer choices.
Therefore, it is important that Contra Costa County farms remain an economically-viable
local food source.
The District III Supervisor has consistently engaged with the agricultural community over
the last twelve years to hear their thoughts on the future of agriculture, including convening
town hall style meetings, participating in forums and conferences and engaging with
individual farmers and other interested people at numerous other meetings and events.
Farmers in Contra Costa County value our agricultural tradition and want to see it continue,
but they also feel strongly that opportunities to promote economic vitality for agriculture
need to be identified and pursued.
With these considerations in mind, the District III Supervisor recommends that the full
Board authorize DCD, in consultation with the Agricultural Advisory Task Force and
stakeholders in the local agricultural community, to identify for future Board consideration
specific actions the County could take to further promote and incentivize agricultural
sustainability and economic vitality. These could include, but are not limited to:
· Researching on how programs to promote agricultural sustainability and economic vitality
have been developed and funded throughout California, including agritourism, agricultural
marketing opportunities and efforts to make agriculture more sustainable.
· Reviewing the County General Plan and zoning ordinance to identify changes necessary to
promote the economic vitality and sustainability of agriculture.
· Reviewing current permitting procedures for agricultural projects to identify opportunities
for streamlining and removing barriers in order to promote the economic sustainability of
agricultural uses.
· Review policies and programs to identify opportunities for complementing improved
economic vitality with retention of the agricultural land and productivity necessary to drive
a sustainable and vital agricultural economy.
Completing the actions described above will require considerable staff resources. Extensive
60
public outreach and engagement will be necessary. Amendments to the County General Plan
and zoning ordinance are subject to review under the California Environmental Quality Act
and must go through a series of public hearings. The District III Supervisor therefore
recommends allocating $150,000 from the District III portion of deposits into the Livable
Communities Trust Fund to DCD to cover staff time and other costs.
The Livable Communities Trust Fund (Fund) was established to implement the County’s
Smart Growth Action Plan. Goals of the Action Plan relevant to this proposal are the
following: 3) to promote innovative land use planning and design principles that encourage
mixed use and infill development (this proposal is to study innovative land use planning and
is intended to improve the sustainability of agricultural lands and reduce pressure to convert
such lands to urban uses, thereby enabling a focus on mixed use and infill development in
existing urban areas; and 4) promote economic revitalization and urban infill communities
(this proposal is intended to promote the agricultural economy).
In reviewing the purpose of the Fund, the Board of Supervisors determined on December 3,
2013 that "the goal shall be to spend the money equally among supervisorial districts." At
build-out of the development projects contributing revenue to the Fund, deposits to the Fund
will total $8,448,000. The interest-bearing trust account has earned over $300,000 in interest
to date. So far, one expenditure has been made from the Fund (a $250,000 expenditure
approved on October 22, 2013 for the Northern Waterfront Economic Development
Initiative). Another expenditure was authorized on June 14, 2016, with $1,432,830 from the
District I portion providing matching funds for the development of the Heritage Point
affordable housing project in North Richmond. An additional proposal to authorize
expenditure of up to $250,000 from the District III portion is on the December 20 agenda
for a feasibility study for the Marsh Creek Corridor Multi-Use Trail.
CONSEQUENCE OF NEGATIVE ACTION:
If the funding is not allocated resources will not be available to the County to study and
develop policies to improve agricultural sustainability and profitability.
CHILDREN'S IMPACT STATEMENT:
The recommended action will not affect children’s programs in the County.
61
RECOMMENDATION(S):
1. ACCEPT update from the Department of Conservation and Development (DCD) on work
previously authorized by the Board to review existing land use regulations related to
agriculture and to identify for future Board consideration specific actions the County could
take to further promote and incentivize agricultural sustainability and economic vitality; and
2. AUTHORIZE DCD to convene a series of public meetings with people and parties
interested in agricultural sustainability and economic vitality in Contra Costa County to
review existing land use regulations and provide input on potential modifications to these
policies, in lieu of coordinating with the Contra Costa County Agriculture Advisory Task
Force (Ag Task Force) which is currently dormant.
FISCAL IMPACT:
None to the General Fund. Up to $150,000 from the Livable Communities Trust (District III
portion) has previously been allocated by the Board toward the effort.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 02/13/2018 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Alicia Nuchols,
925-252-4500
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: February 13, 2018
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.4
To:Board of Supervisors
From:Diane Burgis, District III Supervisor
Date:February 13, 2018
Contra
Costa
County
Subject:Modifying Ag Land Use Policy & Public Engagement
62
BACKGROUND:
On December 20, 2016, at the recommendation of then Supervisor Piepho, the Board of
Supervisors approved the expenditure of up to $150,000 from the Livable Communities
Trust (District III Portion) and authorized DCD, in consultation with the Ag Task Force
and local agricultural stakeholders, to identify for future Board consideration specific
actions the County could take to further promote and incentivize agricultural
sustainability and economic vitality (see Attachment 1). As the new District III
Supervisor, Supervisor Burgis has heard significant community interest in this topic and
is very eager to facilitate an effective public engagement effort that results in meaningful
policy modifications. To initiate the discussion on policy reform needs and ideas,
Supervisor Burgis worked with DCD to convene a meeting of agricultural stakeholders
on November 15, 2017. Participants generated a number of ideas (see Attachment 2) for
policy reforms that provide a useful starting point for future discussions. To expeditiously
generate policy reforms that reflect the needs of the community and further promote and
incentive both agricultural sustainability and economic vitality, DCD needs a public
engagement strategy that does not depend on the Ag Task Force. The Ag Task Force has
not met in years, does not have any members with current appointments and is not
anticipated to be in a position to start meeting again in the near future. Therefore, it is
recommended that in lieu of relying on the Ag Task Force for input, DCD be authorized
to convene a series of open, public meetings with persons and groups interested in the
policy reform topic. DCD would generate a contact list of interested stakeholders based
on its knowledge of the issue and in consultation with District Offices, publicize the
effort on its website and continuously update the list to include anyone interested in the
topic and send announcements of open, public meetings (perhaps four to eight in total) on
this topic to everyone on the list inviting their participation. It is recommended that
meetings be held in or near agricultural areas of the County, with a majority of the
meetings being held in eastern Contra Costa County where the majority of agricultural
lands are located, but with some meetings in other areas as well. Participants would be
invited and encouraged to all meetings, or as many as they can, to stay engaged in the
process and provide consistent input as the effort progresses. The results of these
discussions and the staff work would be presented to the Board for review and direction
and any modifications on General Plan policies or zoning provisions would need to be
considered by the County Planning Commission and approved by the Board.
CONSEQUENCE OF NEGATIVE ACTION:
If the Department of Conservation and Development is not authorized to convene a series
of stakeholder meetings in lieu of coordinating with the Ag Task Force, then the process
for developing policies to improve agricultural sustainability and vitality would be
delayed
CHILDREN'S IMPACT STATEMENT:
The recommended action will not affect children’s programs in the County.
CLERK'S ADDENDUM
63
Speaker: Lisa Borba, Ron Nunn Farms.
ATTACHMENTS
12-20-16 Board Order
11-15-17 Meeting Notes
64
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Map Created 6/19/2018
by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
37:59:41.791N 122:07:03.756WI0241
Miles This map was created by the Contra Costa County Department of Conservation and
Development with data from the Contra Costa County GIS Program. Some
base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.
65
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Legend
County Boundary
Waterbodies
General Plan Designations
AL (Agricultural Lands)
AC (Agricultural Core)
DR (Delta Recreation)
PR (Parks and Recreation)
WS (Watershed)
Current County Wide Agricultural Areas
Map Created 6/19/2018
by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
37:59:41.791N 122:07:03.756WI0241
Miles This map was created by the Contra Costa County Department of Conservation and
Development with data from the Contra Costa County GIS Program. Some
base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.
66
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ZONING
A-2 (General Agriculture)
A-3 (Heavy Agriculture)
A-4 (Agricultural Preserve)
A-20 (Exclusive Agriculture)
A-40 (Exclusive Agriculture)
A-80 (Exclusive Agriculture)
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Map Created 6/19/2018
by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
37:59:41.791N 122:07:03.756WI0241
Miles This map was created by the Contra Costa County Department of Conservation and
Development with data from the Contra Costa County GIS Program. Some
base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.
67
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by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
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Miles This map was created by the Contra Costa County Department of Conservation and
Development with data from the Contra Costa County GIS Program. Some
base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.
68
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by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
37:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservation
and Development with data from the Contra Costa County GIS Program. Some
base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.®
Incorporated Cities
Agricultural Conservation Easements
California Farm Trust
Agricultural Natural Resources Trust
69
DRAFT CONTRA COSTA COUNTY
LAND USE MATRIX FOR AGRICULTURAL ZONING DISTRICTS
08/20/2018
LAND USES \ AGRICULTURAL ZONING DISTRICT**A-2 A-3 A-4 A-20 A-402 A-802
Residential (not specifically mentioned in General Plan AL designation):
A detached single-family dwelling on each parcel & the accessory structures and uses normally auxiliary to it. A A L3 A A A
One additional single-family dwelling L L L4 L L L
Accessory dwelling units complying with the provisions of Chapter 82-24.A A A5 A A A
A farmworker dwelling (see chapter 82-52.402)A A A A A A
Farmworker housing complex (see chapter 82-52.404)A A A A A A
Farmworker housing center (see chapter 82-52.406)L L L L L L
A foster family home or a small family home, as those terms are defined in Health and Safety Code section 1502(a), that has obtained all
required state and local agency approvals and licenses. A A ----
A small family child care home or a large family child care home, as those terms are defined in California Code of Regulations, title 22, section
102352(f)(1), that has obtained all required state and local agency approvals and licenses.A, L A, L ----
Agricultural (growing, processing/manufacturing, storage, sales):
Agricultural cold storage plants on parcels at least ten acres in size A A -L L L
Agricultural cold storage plants on parcels less than ten acres in size L L -L L L
Agricultural-related storage of products and equipment (e.g., sheds, warehouses, granaries)A A L A A A
Animal breeding A A ----
Aviaries, Apiaries A A A A A A
Canneries L L L L L L
Commercial fish farming --L ---
Dairying A A L A A A
Dryers & dehydration plants A A L ---
Farm market L L L L L L
Forestry A A A A A A
Fruit and vegetable packing plants A A L A A A
Fur farms A A L ---
General Farming A A A A A A
Grain-fed rodent raising ---A A A
Grower stand or farm stand A A A A A A
Hog ranches --L ---
Hullers A A L A A A
Livestock and feed yards --L ---
Livestock auction or sales yards L --L L L
Livestock breeding ---A A A
Livestock production A A A A A A
Merchandising of agricultural supplies and services incidental to an agricultural use L L -L L L
Mushroom rooms, mushroom houses A A L L L L
Poultry raising A A L A A A
Processing of milk not produced on the premises -L -L L L
Rendering plants and fertilizer plants or yards L L -L L L
Retail firewood sales L L ----
Slaughterhouses and stockyards L L ----
Wholesale horticulture and floriculture A A A A A A
Wholesale nurseries and greenhouses A A L L L L
Wineries, commercial kitchens, or other facilities for creating value-added farm products L L L L L L
Public, Semi-Public, Recreational:
Boat storage facilities/area within one mile by public road of a public boat launching facility/boat launching facility open to the public.L6 L6 -L --
Churches, religious institutions, and parochial and private schools, including nursery schools L L -L --
Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices L L L L L L
Commercial recreational facilities when the principal use is not in a building L L ----
Community buildings, clubs, & activities of a quasi-public, social, fraternal, or recreational character L7 L7 -L --
Dude ranches, riding academies and stables, and dog kennels L L -L --
Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and convalescent homes L L -L --
Medical and dental offices and medical clinics L L -L --
Museums in which objects of historical, artistic, scientific or cultural importance are preserved and displayed L L ----
Publicly owned buildings and structures, except as provided in Division 82 L L ----
Publicly owned parks and playground L L ----
Recycling, Energy Production:
Recycling operations intended to sort or process material for reuse. Junkyards, defined in Section 88-4.206, are prohibited L L ----
Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use L8 L8 L L L L
Oil and gas drilling and production including the installation and use of only such equipment necessary and convenient for drilling and
extracting operations ---L L L
Williamson Act:
Those agricultural and compatible uses specifically agreed upon between the county and the landowner at the time of entering into the
agreement and designated in writing within the agreement A
Those uses described in Section 51201(e) of Government Code [Williamson Act]:
"Compatible use" is any use determined by the county or city administering the preserve pursuant to Section 51231, 51238, or 51238.1 or by
this act to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. "Compatible
use" includes agricultural use, recreational use or open-space use unless the board or council finds after notice and hearing that the use is not
compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter.
L
Key:
- Not Allowed
A Allowed
L Requires Land Use Permit
Footnotes:
**Check consistency with General Plan Land Use Designation. All land use permits must be consistent with all findings in Section 26-2.2008, including consistency with the General Plan.
1 AC Land Use Designation: The maximum permitted residential density is 1 unit per forty acres.
2
3
4 A separate land use permit is required for one additional single-family dwelling on the parcel.
5
6
7
8 This use is allowed without a land use permit if used only as an accessory to an allowable residential or agricultural use.
Vessels and vessel trailers may be stored in a boat storage facility. Recreational vehicles may be stored in a boat storage facility as long as the number of recreational vehicles stored does not
exceed fifteen percent of the total number of storage spaces in the storage facility.
Such as golf, tennis or swimming clubs, or veterans' or fraternal organizations; these uses are prohibited if organized for monetary profit.
ADU allowed provided a land use permit has been obtained pursuant to Section 84-42.404 for the detached single-family dwelling on the parcel. Also refer to Williamson Act Contract, if any, for
allowances.
In no event shall any residential structure be permitted to be built or additional residential structure be erected on less than forty acres per unit for non-prime agricultural land, or less than ten
acres per unit of the agricultural land.
A-40 district: No building or other structure permitted in an A-40 district shall be erected or placed on a lot smaller than forty acres in area.
A-80 district: No building or other structure permitted in an A-40 district shall be erected or placed on a lot smaller than eighty acres in area.
70
Preliminary DRAFT COMPARISON CHART OF OTHER COUNTIES
County Alameda El Dorado Marin Napa Sacramento San Joaquin San Luis Obispo Solano
Minimum Parcel Size Every use in A District shall be
on a building site not less than
100 acres
PA - 10, 20, 40, 80, 160 (lot size
based on commondity type, soil
type, surrounding uses, and
other appropriate factors)
LA - 10, 20, 40, 80, 160 (lot size
based on commondity type, soil
type, surrounding uses, and
other appropriate factors)
AG - 40, 80, 160 (based on use
designation and other
appropriate factors
RL - 10, 20, 40, 80, 160 (lot sized
based on constraints of site,
surrounding use, and other
applicable factors)
A-2: 2 acres
A: 3 acres to 60 acres
C-APZ: 60 acres
AP - 40 acres
AW - 160 acres
AG-20: 20 acres
AG-40: 40 acres
AG-80: 80 acres
AG-160: 160 acres
AG-20: 20 acres
AG-40: 40 acres
AG-80: 80 acres
AG-160: 160 acres
AL-5: 5 acres
AL-10: 10 acres
AU-20: 20 acres
AU-40: 40 acres
AU-80: 80 acres
AU-160: 160 acres
ARM: 20 acres
ARM-40: 40 acres
ARM-80: 80 acres
ARM-160: 160 acres
Existing AG Land Use
- irrigated row crops: 40 acres
- irrigated pasture: 40 acres (80
acres if ag capability w/ Ag
Preserve Rules and Ag and OS
Element)
Undeveloped Ag Land
Class I or II - 20 acres (irrigated)
Class III or IV - 40 acres irrigated
(80 acres if ag capability w/Ag
Preserve Rules and Ag and OS
Element)
VI, VII, VII - 320 acres (irrigated
and non-irrigated)
Rural Lands: 20 - 320 acres (20,
40, 80, 160, 320) depending on
site features
Rural Residential: 5 - 20 acres (5,
10, 20) depending on site
features
A-20, A-40, A-60, A-80 - Not
specified
AL-80: 80 acres
AL-160: 160 acres
A-SV w/ water and sewer: 20
acres, w/water or sewer: 20
acres, w/o water or sewer: 20
acres
ATC w/water and sewer: 2,000
sq. ft., w/ water or sewer: 2.5
acres, w/o water or sewer: 5
acres
Winery Permitted;
winery or olive mill related uses
w/use permit
Permitted; permitted w/use
permit
small winery permitted;
permitted w/use permit
large wineries/breweries w/ use
permit;
small wineries/specialty craft
beweries permitted
large and medium w/use permit;
boutqiue and small w/site
approval
Permitted w/use permit;small winery: permitted;
medium winery: w/
administrative permit; large:
w/use permit
Food Service/
Farm-to-table
Farm to table, which is also known as 'farm to food' and
'farm to school', is a local movement that encourages
the behavior of providing food from local farms to
nearby organizations.
Snack foods during wine tasting
allowed; dining facilities w/ use
permit; tasting facilities include
catered food, food prepared on
premises, and winemaker
dinners (not considered part of
dining facility)
Commercial kitchen > 20 acre
parcels
Commercial kitchen w/use
permit
Food and wine pairing allowed
No menu options, no meal
service such that the winery
functions as a café or restaurant
Commercial kitchen allowed for
events and shall not be used as
a restaurant
Commercial kitchen w/ use
permit
Farm Dinners Dining facilities w/ use permit
Farm stay
A form of agricultural tourism where a farmer or rancher
hosts guests or tourists at his/her working farm or ranch
to familiarize the visitors with the daily activities
associated with farming or ranching.
Permitted Permitted Permitted
Bed and Breakfast Permitted (South Livermore
Valley Area Plan, limeted to
existing homes)
Permitted w/use permit Permitted (3 or less guest
rooms); w/use permit for (4-5
guest rooms)
Permitted w/use permit Permitted with site approval Permitted as incidental use to
visitor-serving facility; permitted
w/use permit
Permitted; permitted w/use
permit
Farm Tours Permitted, limited to daylight
hours (Ranch Marketing
Activities and Accessory Uses)
Winery tours w/use permit permitted in AG districts Winery tours w/ Minor Use
Permit
Agricultural
education/demonstration farms
permitted
Uses Permitted and Uses Requiring a Land Use Permit
71
Preliminary DRAFT COMPARISON CHART OF OTHER COUNTIES
County Sonoma Yolo
Minimum Parcel Size AS - w/public sewer & public water:
8, 000 sq. ft.
public water only: 1 acre
none: 1.5 acres
AR - 1.5 acres, 1 acre w/public water
DA - 10 acres
LEA - 1.5 acres
LIA - 20 acres
RRD - 20 acres
AN: 40 acres -160 (depending of if
irrigated and cultivated)
AX: 160 acres for dryland farming,
320 acres for rangeland
AC- 1 acre
AI - 5 acre
Winery tasting room w/ use permit Site plan review; w/ use permit
Food Service/
Farm-to-table
Farm to table, which is also known as 'farm to food' and
'farm to school', is a local movement that encourages
the behavior of providing food from local farms to
nearby organizations.
Restaurant allowed in Agricultural
Commercial Zone
Farm Dinners Allowed, site plan review
Farm stay
A form of agricultural tourism where a farmer or rancher
hosts guests or tourists at his/her working farm or ranch
to familiarize the visitors with the daily activities
associated with farming or ranching.
Permitted w/ zoning permit
Allowed, site plan review
Bed and Breakfast
Permitted w/ zoning permit; w/us
permit (not more than 5 guest
rooms)
small: site plan review;
large: use permit
Farm Tours site plan review
Uses Permitted and Uses Requiring a Land Use Permit
72
Initial Draft 11-14-18 County Agricultural Ombudsman Comparison Chart
1
Counties
What agency or organization
administers the Ag
Ombudsman position?
What is the role of the Ag Ombudsman?
Percentage of time in
role as an Ag
Ombudsman?
Funding
Typical Tasks
Marin University of California
Cooperative Extension (UCCE)
-Neutral, non-enforcement person with whom farmers
and ranchers can freely discuss their ideas and plans;
-Consultation work with individual farmers and ranchers
to help them through the permitting process;
-Serves as a liaison between farmers/ranchers and the
agencies that regulate their operations.
Time is divided
between Ombudsman
work and outreach
aimed at sustainability
of local agriculture
County General
Funds and State Ag
Commissioner’s
Office
-Provides useful information online such as
guides, factsheets, and links to common
permit applications;
-Makes the permit process approachable and
accessible, and explores options and
alternatives with farmers and ranchers
planning an expansion or a new activity on
their farm or ranch.
San Mateo San Mateo Resource
Conservation District (RCD)
-Provides important consultative and advisory services
to the County and its agricultural community;
-Assists local producers with County’s permitting
process;
-Helps County staff understand agriculture in San Mateo
County;
-Identifies opportunities to streamline the County’s
permitting process;
-Works directly with ag producers who are
contemplating or initiating ag developments or projects
that may necessitate the County permit process;
-The Agbudsman role is focused on the permitting
process only, not broader agricultural issues.
County of San Mateo
BOS allocated funds
-Works with the County to produce handouts
for ag producers detailing a simple step-by-
step process for permitting;
-Participates in community meetings related
to the permit streamlining project;
-Attends Agricultural Advisory Committee
meetings;
-Attends other organizations’ meetings to the
extent needed to build relationships and share
or elicit information;
-Collaborates with County departments to
develop and maintain searchable, sortable,
map-able list of San Mateo County ag
producers;
-Tracks all activities, provides quarterly activity
reports, provides an in-depth annual report,
and participates in an evaluation of the
program at the end of each year.
73
Initial Draft 11-14-18 County Agricultural Ombudsman Comparison Chart
2
Counties
What agency or organization
administers the Ag
Ombudsman position?
What is the role of the Ag Ombudsman?
Percentage of time in
role as an Ag
Ombudsman?
Funding
Typical Tasks
Solano Solano Small Business
Development Center (Solano
SBDC), hosted by Humboldt
State University
-Liaison between Solano Agricultural business and the
government;
-Helps develop value-added agricultural projects in the
County;
-Advisor to local farmers and ranchers;
-Connects the agricultural community with the right
government agencies to navigate the permitting and
regulatory process;
-Encourages economic viability of farms.
County of Solano,
SBDC/Small Business
Administration
-Walks farmers through the process of
participating in farmer’s markets;
-Provides free technical assistance and
trainings to farming community;
-Provides consulting or training services to
farmers, ranchers and agriculture-related
businesses located in Solano County to help
navigate the various permitting processes.
Sonoma University of California
Cooperative Extension (UCCE)
-Help local ag operations (mostly small ones) navigate
the permitting process;
-Facilitate meetings between the various county, state,
and federal agencies;
-Refer general farming/ranching questions to farm
advisors;
-Educates ag operations about the regulations and also
works with regulators to educate them about farming;
-Works on large projects such as guidelines for
prescribed burns and a project to evaluate ecosystems
services to create payments for them as a way to
support rural agricultural operations;
-Is on the county planning department’s Directors
Advisory Group and Santa Rosa Junior College’s
Sustainable Ag Department Advisory Committee.
Full-time position – 35
hours a week
County Funds –
housed at UCCE; five
positions funded by
the county
-Works with the UC on workshops;
-Updates website with fact sheets;
-Works on website for UCCE office, specifically
the Disaster Resources pages;
-Posts blogs for their office on a variety of
topics;
-Schedules most of the social media posts,
including information on their website,
upcoming workshops, resources from UC ANR,
etc.;
-Works on countywide efforts, for example
project with Economic Development Board to
create an Ag Business Council to support ag
operations in the county by building on small
scale technological innovations.
74
Initial Draft 11-14-18 County Agricultural Ombudsman Comparison Chart
3
Counties
What agency or organization
administers the Ag
Ombudsman position?
What is the role of the Ag Ombudsman?
Percentage of time in
role as an Ag
Ombudsman?
Funding
Typical Tasks
Yolo Ag Commissioner’s Office -Assist with the permitting process;
-Bring in new ag businesses;
-Promote Yolo County as a good place to locate an ag
business.
Position is no longer
funded
-Assist with the permitting process;
-Work on ag related business opportunities
with the City of Woodland;
Santa Clara UCCE or SBDC -Provides economic development assistance to the
farming and agricultural community;
-Assists members of the farming and ranching
community with permitting and regulatory compliance;
-Provides business assistance to new farmers seeking to
establish or grow a farming operation;
-Provide information to farmers on other available
financial incentive programs
Full-time position
(under consideration
with recommendation
to Board to create
Farm Ombudsman
program)
Santa Clara County -Provides information about regulations and
permitting applicable to farm businesses;
-Assists and consults during the permitting
process;
-Provides information to regulatory and
permitting agencies regarding unique needs of
the farming community and advises on
regulatory changes;
-Prepares fact sheets and handouts that
explain regulations and permitting
requirements for farmers;
-Provides feedback to farmers and ranchers
who have questions regarding regulatory
compliance for new and expanding farming
operations;
-Hosts workshops for farmers incorporating
speakers, handouts, and information
regarding different permitting requirements
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BOS Recommendations 2-4-20
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IV. Recommendations
Proposed New Agricultural Uses and New Agricultural Land Use Policy Initiatives
A. LODGING
Enabling farmers and ranchers to provide guest accommodations at a scale and in a manner that is
consistent with and enhances the rural setting, as set forth more fully in the mechanisms described
below, will capitalize on the beauty and agricultural/natural resources of the setting, reinforce local
support for maintaining those assets, increase transient occupancy tax revenues and add a new
dimension to the agricultural tourism opportunities afforded in the County.
1. Short-term rental within existing residential building for 90 days or less.
Summary: This proposed use would
allow short-term rentals by one party at
a time within an existing residential
building for less than 90 cumulative days
per year on any agriculturally-zoned
land.
Zoning permit required: Ministerial
short-term rental permit. Neighbors are
notified, but no public hearing required.
Potential key conditions: Maximum party size is two per bedroom plus two. Owner/manager
not required to be present. Permit would be subject to various standards and performance
measures and non-compliance could lead to suspension and revocation of the permit and
potential imposition of other code enforcement tools (e.g. fines). Conditions should reflect
constraints of rural communities and prevent strain on roads and law enforcement from
inappropriate parties and similar incompatible uses.
Notes: Proposed to be consistent with Draft Regulatory Framework for Short-term Rentals
considered by the Board on 9-25-18 for rentals in residential areas.
Building Code Notes
Health Code Notes
Public Works Notes
This recommendation
pertains to existing
residential buildings
(not agricultural
buildings, such as
barns). With no
construction and no
change in use, no
If a residence changes its
use, a review of the
method of sewage
disposal will be required
from Environmental
Health (EH)
Analysis of applicable
fees and requirements is
pending.
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BOS Recommendations 2-4-20
Page 10 of 33
building permits are
anticipated.
Small Water System
permit from EH may be
required
If there are 25 or more
visitors in a 60-day
period, approval from
California Water
Resources Control Board
may be required, prior to
EH issuing permit.
2. Farm Stay (farm experience, lodging and meals for up to five parties at a time in an
existing residential building, for up to 90 cumulative days per year).
Summary: This proposed use is intended to allow guests to have an authentic farm
experience that includes accommodation, meals and observing and/or participating in
farming activities for up to five parties at time. Must be in an existing residential building.
Facility may be occupied by guests not more than 90 days per year.
Zoning permit required: Ministerial short-term farm-stay permit. Neighbors are notified,
but no public hearing required.
Potential key conditions: Maximum occupancy is 2 persons per bedroom, not including
owner-occupied rooms. Maximum number of parties at a time is five, maximum number of
guest rooms is five and total maximum number of guests is 10. Food may only be served
to staying guests and the cost of the food must be included in the price of the
accommodation. Lodging and meals are incidental and not the primary function of the
agricultural homestay facility. A minimum parcel size is recommended (perhaps ten acres),
as is verifiable, active farming of five acres of land (or 25 acres of active ranching) for every
guest room (e.g. use of two guest rooms would require 10 acres of verifiable active
farming or 50 acres of active ranching). Owner would be required to live on site. Permit
would be subject to various standards and performance measures and non-compliance
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BOS Recommendations 2-4-20
Page 11 of 33
could lead to suspension and revocation of the permit and potential imposition of other
code enforcement tools (e.g. fines).
Notes: Proposed to meet or be exceed standards for an agricultural homestay facility in
Section 113893(a)(2) of the Health and Safety Code.
Building Code Notes
Health Code Notes
Public Works Notes
This recommendation
pertains to existing
residential buildings (not
agricultural buildings,
such as barns). With
owner occupancy
required and
accommodation limited
to 10, use of an existing
residential building
would not amount to a
change in use under the
Building Code (remains
R-3) and ADU
requirements applicable
to uses such as hotels
and motels would not
apply.
If no construction were
to occur, no building
permits would be
required.
If a residence changes its
use, a review of the
method of sewage
disposal will be required
from Environmental
Health (EH).
A small water system
permit from EH may be
required.
If there are 25 or more
visitors in a 60-day
period, approval from
California Water
Resources Control Board
may be required, prior to
EH issuing permit.
A health permit from EH
may be required for Bed
and Breakfast and
Agricultural Homestays
(not a restaurant).
Health & Safety Code
requirements will apply
when food and
beverages are served to
guests.
Analysis of applicable
fees and requirements is
pending.
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BOS Recommendations 2-4-20
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3. Bed and Breakfast (short-term stays in an existing, new or modified building)
Summary: This proposed use is
intended to allow an option for a
dedicated, short term agricultural
lodging facility that reflects and
enhances agricultural character of the
site and its surroundings. No limit is
proposed on the number of days per
year it could be occupied by guests,
but stays of individual guests would
be limited to 30 days.
Zoning permit required: Land use permit (discretionary; public hearing required).
Potential key conditions: Maximum guest rooms is five, not including any owner-
occupied rooms. Maximum number of parties at a time is five, and total maximum
number of guests is 10. No kitchens or kitchenettes in guest rooms. Food may only be
served to overnight guests. A minimum parcel size is recommended (see discussion
below). Also recommended is verifiable, active farming. Owner or manager would be
required to be present. There should be a one-quarter mile separation between bed and
breakfast establishments. Permit would be subject to various standards and performance
measures and non-compliance could lead to suspension and revocation of the permit and
potential imposition of other code enforcement tools (e.g. fines).
Bed and Breakfasts are proposed to be limited to areas served by a retail water supplier in
order to provide assurances that water supply is secure and water use won’t harm
neighbors or environment. A retail water supplier means a public agency, city, county, or
investor-owned water utility regulated by the state Public Utilities Commission, that
provides retail water service. A retail water supplier does not include a mutual water
company. Retail water supply need not necessarily be used for potable water on-site.
Some participants expressed concern with this limitation, preferring broader application
of this new use.
Minimum parcel size and mitigation: The group discussed minimum parcel size but
couldn’t reach consensus on this topic. Minimums discussed ranged from 10 to 40 acres.
Factors considered included impacts to neighbors, maintaining farm integrity, stress on
ground water and septic from increased use, right to farm and pesticide drift as well as
the existing number of relatively small agricultural parcels. The group also discussed the
need to have an exception process to allow smaller parcels to qualify for the use. Below
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BOS Recommendations 2-4-20
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please find a table summarizing some tools that could be used to enable smaller parcels
to qualify.
Tools to Supplement Minimum Parcel Size
(Intended as a menu of options that could be
used in combination. Some are mutually
exclusive.)
Example
Requirement for a
Smaller Parcel
(< min parcel size)
Example
Requirement for a
Larger Parcel
(≥ min parcel size)
Restrictions on footprint of new use, incl.
parking
5% of lot area 5% of lot area
Portion of property required to be kept free of
structures and in farming
90% of lot area 70% of lot area
Siting requirements and buffers / setbacks of
new use to neighboring properties
Minimize impacts to
farmland while also
setting back 100
feet from property
line (hedges could
reduce via findings)
Minimize impacts
to farmland while
also setting back
100 feet from
property line
(hedges could
reduce via
findings)
Farming assurances: Grant deed of
development rights to ensure farming on
subject property and possibly adjacent
properties
90% of subject
property and
enough acres on
adjacent such that
the total restricted
area is at least half
the min parcel size
None
Mitigation (with fees or in-kind) Mitigation at 1:1
ratio required only
for exceedance of
footprint maximums
or deficit in meeting
minimum farming
acreage.
Mitigation at 1:1
ratio required only
for exceedance of
footprint
maximum or
deficit in meeting
minimum farming
acreage
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BOS Recommendations 2-4-20
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Building Code Notes
Health Code Notes
Public Works Notes
Bed and breakfast
considered as R-1
(hotel/motel) occupancy.
Building code requires
Americans with Disabilities
Act (ADA), even if an
existing building is being
repurposed.
If the B&B building is also
the primary residence for
the owner, the B&B may
still qualify as an R-3 use
and the ADA provisions
applicable to R-1 may not
apply (since guest rooms
and occupancy are limited
to 5 and 10, respectively).
If a residence changes it use,
a review of the method of
sewage disposal will be
required from Environmental
Health (EH).
A Small Water System
permit from EH may be
required.
If there are 25 or more
visitors in a 60-day period,
approval from California
Water Resources Control
Board may be required, prior
to EH issuing permit.
A health permit from EH
may be required for Bed and
Breakfast or Agricultural
Homestays. This type of
facility is not considered a
restaurant.
Outdoor events where the
general public are sold or
given food food/beverages,
an EH Temporary Food
Facility permit will be
required.
Health & Safety Code
requirements will apply
when food and beverages
are served to guests or the
general public.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance with
stormwater regulations,
which requires new
development projects
incorporate features that
control stormwater runoff to
reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
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4. Camping / Yurts / Little Houses on Wheels
Summary: This is an alternative form of short term accommodation that is intended to
offer guests a different, more outdoors experience while minimizing permanent land
disturbance. This proposal is for structures that are owned by the property owner or
lessee of the land and not brought to the property by guests (self-service camping is not
proposed to be allowed except for limited special events associated with other uses).
Zoning permit required: Land use permit (discretionary; public hearing required).
Potential key conditions: Maximum number of guest units is five. Maximum number of
parties at a time is five, and total maximum number of guests is 10. No kitchens or
kitchenettes in guest units. Food may only be served to overnight guests. A minimum
parcel size is recommended (see discussion below). Owner or manager would be required
to be present. Farm experience requirements of Farmstay (recommendation 2) also
recommended. Permit would be subject to various standards and performance measures
and non-compliance could lead to suspension and revocation of the permit and potential
imposition of other code enforcement tools (e.g. fines).
Minimum parcel size: There should be a minimum. No consensus has been reached on
what that should be. See discussion under recommendation 3 regarding ideas for
alternative methods for qualifying smaller parcels for exceptions to minimum parcel size.
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Building Code Notes
Health Code Notes
Public Works Notes
Yurts are subject to building
code and when offered for
short terms stays will be
considered as R2 (multi-
family) occupancy. Building
code requires Americans with
Disabilities Act (ADA).
Very challenging to design a
yurt that can accommodate
electricity and plumbing and
comply with Building Code
(cooking facilities almost
certainly not possible).
Little house on wheels would
need a permit from the
California Department of
Motor Vehicles and would
need be maintained in a state
where it is movable (in which
case the Building Code would
not apply to vehicle). Building
Code would apply to external
features. ADA compliance
needs more analysis.
Separate standards apply for
organized camps.
If a residence changes its
use, a review of the method
of sewage disposal will be
required from Environmental
Health (EH).
A Small Water System
permit from EH may be
required.
If there are 25 or more
visitors in a 60-day period,
approval from California
Water Resources Control
Board may be required, prior
to EH issuing permit.
An Organized Camp health
permit from EH will be
required, if children under
18 are camping overnight
for 4 of more consecutive
nights. A health permit from
EH may be required for Bed
and Breakfast or Agricultural
Homestays. This type of
facility is not considered a
restaurant. Outdoor events
where the general public are
sold or given
food/beverages, an EH
Temporary Food Facility
permit may be required.
A health permit from
Environmental Health will be
required for Bed and
Breakfast or Agricultural
Homestays. This type of
facility is not considered a
restaurant.
Outdoor events where the
general public are sold or
given food/beverages, an EH
Temporary Food Facility
permit will be required.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance with
stormwater regulations,
which requires new
development projects
incorporate features that
control stormwater runoff to
reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
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B. FOOD SERVICE
Enabling farmers to showcase farm products grown on-site or within the County and to offer a farm
experience (i.e., culinary education), while maintaining the agricultural landscape provides an
additional source of farm revenue and highlights the value of agriculture in the County.
5. Farm Dinners
Summary: This proposal would enable farmers to host up to twelve dinners at their farm
per year for paying guests. Dinners could be located within an existing building that
meets building code and fire standards appropriate for the proposed number of guests.
Dinners could also be outdoors, on the farm or on a patio or deck. No new buildings
allowed for this use; repurposing existing buildings in compliance with all applicable
codes is possible. Farm dinners provide a farm experience by educating guests about the
farm and the ingredients used from the farm.
Zoning permit required: Ministerial farm dinner permit. No public hearings.
Potential key conditions: Maximum number of dinners per year is 12, with one large
event permitted per year. Maximum number of guests per dinner is 30, except for the
one large annual event that would have a limit of 150 guests. Permit would be subject to
Health & Safety Code
requirements will apply
when food and beverages
are served to guests or the
general public.
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Page 18 of 33
various standards and performance measures (e.g. time of day, duration, parking, etc.,)
and non-compliance could lead to suspension and revocation of the permit and
potential imposition of other code enforcement tools (e.g. fines).
Building Code Notes
Health (EH) Code Notes
Public Works Notes
Applicable use category is B
occupancy (Business). ADA
compliance is required,
even if dinner is outside.
Any retrofitted buildings
would need to meet the
standards of B occupancy.
If a residence changes its
use, a review of the method
of sewage disposal will be
required from Environmental
Health (EH).
A Small Water System
permit from EH may be
required.
If there are 25 or more
visitors in a 60-day period,
approval from California
Water Resources Control
Board may be required, prior
to EH issuing permit.
A health permit from
Environmental Health may
be required for a Temporary
Food Facility. Approval from
EH will only be permitted for
outdoor events, where the
food is prepared within an
approved enclosed booth
and involves agricultural
educational components.
For Culinary Experiences,
where food is prepared and
consumed by the guest and
not sold or shared, a health
permit from EH may not be
required.
Analysis of applicable fees
and requirements is
pending.
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6. Farm-to-Table Restaurant
Summary: A farm-to-table restaurant is a full service restaurant located on a working
farm. The ingredients are sourced as locally as possible (grown on-farm whenever
possible) and are served fresh from the farm to the table. The farm-to-table concept
encourages eating as locally as possible, taking advantage of seasonally available fruits
and vegetables and increasing awareness and appreciation of where our food comes
from and what goes into growing it.
Zoning permit required:
Land use permit (discretionary;
public hearing required).
Potential key conditions:
Maximum dining area size is
proposed to be 1500 square
feet or a maximum capacity of
35 guests. A minimum parcel
size is recommended (see
discussion below). Also
recommended is verifiable,
active farming of one acre of
land for every guest (e.g. hosting 35 guests at a time would require 35 acres of verifiable
active farming, on-site whenever possible). A farm-to-table restaurant would need to
maximize use of ingredients grown on farm and in Contra Costa County. Suggested
minimum standards are 50% of fruit and vegetables grown-on farm, 75% grown in-
County. There should be one mile separation between farms-to-table restaurants.
Alternatively or in addition, the County may also wish to explore establishing a cap on
the number of such restaurants that may be established (e.g. explore the feasibility of
limiting the number of these businesses that can be established to a relatively small
number, such as four). Permit would be subject to various standards and performance
measures and non-compliance could lead to suspension and revocation of the permit
and potential imposition of other code enforcement tools (e.g. fines).
Farm-to-table restaurants are proposed to be limited to areas served by a retail water
supplier in order to provide assurances that water supply is secure and water use won’t
harm neighbors or environment. A retail water supplier means a public agency, city,
county, or investor-owned water utility regulated by the state Public Utilities
Commission, that provides retail water service. A retail water supplier does not include a
mutual water company. Retail water supply need not necessarily be used for potable
water on-site. Some participants expressed concern with this limitation, preferring
broader application of this new use.
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Minimum parcel size and mitigation: The group discussed minimum parcel size but
couldn’t reach consensus on this topic. Minimums discussed ranged from 10 to 40 acres.
Factors considered included impacts to neighbors, maintaining farm integrity, stress on
ground water and septic from increased use, right to farm and pesticide drift as well as
the existing number of relatively small agricultural parcels. The group also discussed the
need to have an exception process to allow smaller parcels to qualify for the use. Below
please find a table summarizing some tools that could be used to enable smaller parcels
to qualify.
Tools to Supplement Minimum Parcel Size
(Intended as a menu of options that could
be used in combination. Some are mutually
exclusive.)
Example
Requirement for a
Smaller Parcel
(< min parcel size)
Example
Requirement for a
Larger Parcel
(≥ min parcel size)
Portion of property required to be kept free
of structures and in farming
90% of lot area 70% of lot area
Siting requirements and buffers / setbacks of
new use to neighboring properties
Minimize impacts
to farmland while
also setting back
100 feet from
neighbor (hedges
could reduce via
findings)
Minimize impacts
to farmland while
also setting back
100 feet from
neighbor (hedges
could reduce via
findings)
Farming assurances: Grant deed of
development rights to ensure farming on
subject property and possibly adjacent
properties
OR (see next row)
90% of subject
property and
enough acres on
adjacent such that
the total restricted
area is at least half
the min parcel size
None
Alternative form of assurance, if host
property is not large (less than 40 acres):
lease land in County to farm and/or long-
term purchase agreement for farm products
grown on a farm in the County
Required
Not required
Mitigation (with fees or in-kind) Mitigation at 1:1
ratio required only
for exceedance of
footprint
maximums or
deficit in meeting
minimum farming
acreage or deficit in
meeting farming
assurances
Mitigation at 1:1
ratio required
only for
exceedance of
footprint
maximums or
deficit in meeting
minimum farming
acreage
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7. Winery and Olive Oil Mill Ordinance Update
Summary: Currently, a
winery is permitted with
the approval of a land
use permit on
properties of 5 acres or
more in all Agricultural
Zoning Districts. The
County should update
the current guidelines
to better facilitate and
reflect new market
conditions. The current
Winery and Olive Oil
Mill Guidelines should
be incorporated into the Zoning Ordinance. The County should explore the options to
allow certain winery functions with an administrative permit (less involved than a land use
permit), such as small facilities without tasting rooms. Hosting larger special events would
be allowed, but is proposed to be limited to larger parcels, as further discussed in Item #8
below. The zoning code requirements for wineries should otherwise remain unchanged
and wineries should continue to be encouraged.
Building Code Notes
Health Code Notes
Public Works Notes
B occupancy (Business),
ADA compliance is
required, even if dinner is
outside
Well, septic, and restaurant
plan review may be
required.
Outdoor events where the
general public are sold or
given food/beverages, an
EH Temporary Food Facility
permit may be required.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance
with stormwater
regulations, which requires
new development projects
incorporate features that
control stormwater runoff
to reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
May require a traffic study.
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Zoning permit required: In most instances, a land use permit (discretionary; public
hearing required).
8. Hosting Larger Events at Wineries, Bed and Breakfasts, and Farm-to-Table
Restaurants
Summary: Currently, event
centers can be permitted
as a subordinate use to a
winery, which can be
permitted as a subordinate
use to farming (grape
growing). In the past,
event center use has
become the dominant use
(often used for weddings)
and some concerns have
been expressed about
noise and impacts to
agriculture. Large events do depend on the beauty and vibrancy of the setting and can be
a complement to efforts to improve the vitality and sustainability of agricultural lands. The
recommendation is to require such use to be appurtenant to significant agricultural
production and agricultural visitor facilities, namely wineries, bed and breakfast, and farm-
Building Code Notes
Health Code Notes
Public Works Notes
Pending A winery or brewery may
submit plans to
Environmental Health (EH)
to be permitted as a Host
Facility. A Host Facility
allows permitted caterers
to serve from the winery.
Outdoor events where the
general public are sold or
given food/beverages, an
EH Temporary Food Facility
permit is required.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance
with stormwater
regulations, which requires
new development projects
incorporate features that
control stormwater runoff
to reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
May require a traffic study.
May require a traffic study.
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to-table restaurants (i.e., no longer limit larger event use to only wineries). A once a year
special event would be allowed as an associated use for farm dinners. Standalone event
centers are not currently allowed and are not recommended.
Zoning permit required for larger event uses: Use may be approved through the land
use permit granted for appurtenant agricultural use (e.g., winery). (discretionary; public
hearing required).
Potential key conditions, minimum parcel size and mitigation: Moving forward,
proposed uses with appurtenant large events are proposed to be required to have a large
minimum parcel size moving forward (e.g., 40 acres) as well as reasonable conditions on
hours, noise levels, etc., to assure the primary use of the property is for agriculture and to
provide a buffer for noise impacts on adjacent neighbors. Large events can be defined as
having more than 300 people present, including staff and host. There should be a one-mile
separation between larger event center establishments.
Larger event uses are proposed to be limited to areas served by a retail water supplier in
order to provide assurances that water supply is secure and water use won’t harm
neighbors or environment. A retail water supplier means a public agency, city, county, or
investor-owned water utility regulated by the state Public Utilities Commission, that
provides retail water service. A retail water supplier does not include a mutual water
company. Retail water supply need not necessarily be used for potable water on-site. Some
participants expressed concern with this limitation, preferring broader application of this
new use.
Below please find a table summarizing some tools that could be used to enable smaller
parcels to qualify.
Tools to Supplement Minimum Parcel Size
(Intended as a menu of options that could be
used in combination. Some are mutually
exclusive.)
Example
Requirement for a
Smaller Parcel
(< min parcel size)
Example
Requirement for a
Larger Parcel
(≥ min parcel size)
Restrictions on footprint of new use, incl.
parking
5% of lot area 5% of lot area
Portion of property required to be kept free of
structures and in farming
90% of lot area 70% of lot area
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Siting requirements and buffers / setbacks of
new use to neighboring properties
Minimize impacts to
farmland while also
setting back 100
feet from property
line (hedges could
reduce via findings)
Minimize impacts
to farmland while
also setting back
100 feet from
property line
(hedges could
reduce via
findings)
Farming assurances: Grant deed of
development rights to ensure farming on
subject property and possibly adjacent
properties
90% of subject
property and
enough acres on
adjacent such that
the total restricted
area is at least half
the min parcel size
None
Mitigation (with fees or in-kind) Mitigation at 1:1
ratio required only
for exceedance of
footprint maximums
or deficit in meeting
minimum farming
acreage.
Mitigation at 1:1
ratio required only
for exceedance of
footprint
maximum or
deficit in meeting
minimum farming
acreage.
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C. POLICY / IMPLEMENTATION REFORMS
Sustaining and enhancing agricultural lands for production of a diverse array of crop and
agricultural products should be key goals for Contra Costa County. The following
recommendations are consistent with the goals and policies of the County’s Conservation
Element of the General Plan.
9. Mitigation requirements for conversion of agricultural land
While large-scale conversion of
agricultural lands to urban uses is not
anticipated to occur in the future—
certainly not at the scale that occurred
during preceding decades before the
establishment of (and near buildout to)
the County’s Urban Limit Line—some
impacts are likely to occur, including
impacts from minor subdivisions, rural
home construction and some of the
agricultural tourism activities described in
this report. However, agricultural uses including agricultural tourism activities that
comply with all standards without the need for an exception are proposed to be exempt
from mitigation requirements set by proposed new agricultural mitigation program.
Building Code Notes
Health Code Notes
Public Works Notes
Pending A winery or brewery may
submit plans to
Environmental Health (EH) to
be permitted as a Host
Facility. A Host Facility
allows permitted caterers to
serve from the winery.
For other uses, an event
center permit from EH would
be needed to allow caterers
to serve at the facility.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance with
stormwater regulations,
which requires new
development projects
incorporate features that
control stormwater runoff to
reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
May require a traffic study.
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The County should consider establishing an agricultural mitigation program to protect
irrigated and intensively cultivated agricultural lands and offset impacts to such lands.
The County could also consider a mitigation effort for rangeland. The program could
take the form of an in-lieu fee (funding to establish such a mechanism would need to be
identified) or could be satisfied with in-kind conservation. Conserved lands would be
from willing sellers only and the conservation instrument could be an agricultural
conservation easement held by a land trust or some similar method. The primary
purpose of the easement would be to protect the agricultural value of the encumbered
land. Dedication of development rights is another option that would be easier to
administer, but would have less protections and assurances. 1:1 has been suggested as a
mitigation ratio typical for mitigation of irrigated and intensively cultivated lands.
10. New efforts to avoid/address rural blight
Agricultural lands in Contra Costa
County are inherently beautiful
and can provide a wonderful
setting for rural homes and
communities. However, blighted
conditions can occur and can
greatly harm the quality of life of
neighbors. Examples of blighted
conditions include but are not
limited to illegal dumping,
excessive storage of dumped soil
and equipment unrelated to
agriculture, operation of illegal
businesses (cannabis, light industrial, etc.) and excessively noisy unpermitted activities.
Blighted conditions are out of character or incompatible with the existing zoned
agricultural land uses and creates eyesores that prevent the quiet enjoyment of the
region by visitors and local producers. Most of these blighted conditions constitute a
code violation in one form or another. Code enforcement actions related to property
can be violations of either or both the Zoning Code and Building Code and must be
addressed by the County in accordance with procedures set forth in state law (including
a step-wise process to inform the property owner of the violation and afford an
opportunity to address the problem or appeal). Neighbors are often frustrated with the
pace of the process as well the challenges associated with recurring problems and the
limitations of a finite Code Enforcement staff covering a large area.
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The County is urged to continue prioritize rural code enforcement and to seek
mechanisms for improving its speed and efficacy. One measure recommended now is to
provide an additional regulatory tool—namely, making property nuisance code sections
more applicable to agricultural areas (illegal dumping is dealt with in the next
recommendation).
Below please find an excerpt from County Code specific to residential property
nuisances:
720-2.006 - Residential property nuisance.
No person owning, leasing, renting, occupying or having charge or possession of residential real
property shall maintain or allow the maintenance of the property in such a manner that any of the
following conditions exist on the property and are visible fr om a street, highway, or private road:
(a) Attractive nuisances dangerous to children, such as abandoned, broken or neglected equipment,
machinery, refrigerators or freezers, or unsafe pools, ponds or excavations;
(b) Shopping carts, household equipment or broken or discarded furniture for an unreasonable period
of time;
(c) Garbage or trash cans for more than thirty-six hours;
(d) Boats, trailers, vehicle parts or other articles of personal property that are abandoned or left in a
state of partial construction or repair for an unreasonable period of time;
(e) Construction and wood debris, including cuttings, for an unreasonable period of time;
(f) Weeds over eighteen inches in height.
The recommendation is to define nuisance standards specific to agricultural properties,
recognizing that articles like old tractors that are not suitable in urban areas are perfectly
suitable in agricultural areas. Participants recognize that rural properties need to be held
to a different, more permissive standard than urban properties, but also that the lack of
adherence to any standard does not adequately protect the rights of neighbors.
Proposed examples of nuisances include the following visible from a street, highway or
private road:
Accumulation of non-operable, broken or neglected equipment, machinery, or other
unsafe and dangerous articles not associated with agricultural uses;
Excessive storage for an unreasonable period of time of non-agricultural items such
as: shopping carts, home appliances, broken or discarded furniture boats, trailers,
vehicles, vehicle parts, or other articles of personal property that are abandoned or
left in a state of partial construction or repair except for incidental articles related to
agricultural related activities;
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Tracks constructed for racing and jumping of motorcycles or other off-road vehicles
and the operation of such vehicles for racing or jumping.
11. New efforts to address illegal
dumping
As discussed above, illegal dumping
has been a huge problem for a long
time and the consensus is that it is
getting worse. It is a particular
hardship on rural communities as
these areas are frequently targeted
by dumpers and clean-up can be
onerous.
The County has been considering a comprehensive strategy to address illegal dumping
and the proposed measures shared with the Board in October 2018 were also shared
with the people attending the agricultural policy review meetings. These strategies
include dedicated law enforcement to deter dumpers, stronger enforcement of the
County’s mandatory subscription rules (requirement for garbage service), improved
removal of illegally dumped material, easier opportunities to dispose of waste properly
and greater public education.
The Board approved the illegal dumping recommendations on June 11, 2019 and
funding has been secured to implement an initial phase. The County is recommended to
pursue effective implementation of these more aggressive strategies to reduce illegal
dumping.
12. Examine opportunities to reduce impacts of rural home development on
agriculture.
The County should consider initiating a process to examine and adjust the provisions for
development of homes on agricultural properties to protect agricultural vitality and
sustainability. The ability to have a home on their farm is essential to many farmers.
However, the development of homes on some agricultural parcels in the County have
partially or completely negated the availability of the parcel to be used for agriculture.
This can lead to rural residential neighborhoods instead of farming areas, leading to a
cumulative loss of farmland and residences that are not close to schools, stores, jobs,
etc., and increased exposure to wildfire.
The County should look at provisions to try to address this problem in the future, such as
minimum parcel size requirements and requirements to site a home and other structures
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on a property in such a way that availability of land remaining for agriculture is
maximized on properties 40 acres or less. The County should also consider a floor area
ratio for ranchette construction and should encourage restricting the storage of articles
or development within one area of the property, in addition to siting restrictions.
Below are some examples of agricultural properties and the impact of home siting on
agricultural use.
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13. New efforts to facilitate communication between the farming community and the
local regulatory agencies
During public meetings conducted as part of this process (as well as in various forums
that preceded this process), farmers and representatives of owners of agricultural land
expressed concern that government permitting processes can be difficult to access.
Many felt this could be due to the complexity of regulations, confusion about which
agency has authority over which regulation and the unique nature of permitting inquiries
made by such landowners (e.g. their inquiries are not frequent and may not be similar to
inquiries made by urban residents). One idea that has been discussed to try to address
this concern is seeking to identify or hire an agricultural ombudsperson.
The group learned a lot about what an agricultural ombudsperson does depending on
their County. The group heard directly from the people who perform this role in Yolo
and Sonoma Counties (Stephanie Cormier and Karen Giovannini). Ms. Cormier and Ms.
Giovannini attended the agricultural meetings as guest speakers, explained their work
and answered questions. Also, CC County Staff reviewed the role of an ombudsperson in
five counties and provided information to the group in the form of a comparison table.
Typical duties ranged from serving as an approachable point of contact to direct
applicants to the proper agency/department--to more directly assisting applicants as
they navigate permitting requirements-to trying to assist the agricultural economy more
generally through marketing and outreach to investors/the public--to assisting with
particularly complex regulations such as health requirements related to beef, pork or
poultry. A common approach was to locate the ombudsperson role in an organization
that was not charged with code enforcement and was therefore perceived as
approachable.
To delve deeper into the issue and try to frame an implementable recommendation, staff
from the following five agencies working in Contra Costa County met in December:
Contra Costa Resource Conservation District (RCD), University of California Cooperative
Extension (UCCE) – Contra Costa County and the County Departments of Agriculture,
Conservation and Development (DCD) and Health Services-- Division of Environmental
Health. The group discussed options and sought consensus on a recommended
approach. The following is a summary of the group’s preliminary recommendations:
Establish a point person for coordination in each agency. DCD’s point person would
be a point of contact for farmers dealing with DCD, would help farmers understand
processes at DCD and help DCD staff understand the particular needs of farmers (as
well as coordinate with other agencies). The RCD point person would be a more
general point of contact for farmers and would maintain a working knowledge of
processes at other agencies so that a farmer could be directed to the right place for
detailed questions and applications. Environmental Health, County Department of
Agriculture and UCCE would designate a point person to participate in coordination
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meetings with other agencies and with the public. Each agency anticipates it could
perform this function with existing budgeted resources.
Point people from each local agency meet periodically to improve communication
and foster understanding of permit processes across local agencies. Contra Costa
County Public Works was also recommended to participate and have agreed to do
so. The affected fire district(s) should also be invited to participate.
Local agencies convene an annual, public Agricultural Forum meeting to listen to and
communicate with the agricultural community. The intent is to build relationships
and foster better mutual understanding. This Forum could also be a sounding board
for policy initiatives, similar to the current meeting process. Staff felt an open, less-
structured Agricultural Forum process was preferable at this time to re-establishing
the appointed Agricultural Task Force, a County advisory committee that has not met
in many years.
Contra Costa AgForum portal web page to be created and hosted by RCD (DCD can
help). This portal page will link visitors to the proper website/agency to pursue their
question. It will also be the home for information on the Agricultural Forum
meetings.
UC Cooperative Extension has been recruiting for the UCCE Specialty Crops Advisor
position. When Advisors commence UCANR employment, they undertake a needs
assessment based on input from their farmer/crops-producer clientele. The Ag
Specialty Crops Advisor can research local needs on making local permitting
processes more streamlined. Such assessment will establish baseline information to
determine whether current processes serve County farmer’s needs well, should be
improved or if it would be beneficial to replace them with a more intensive approach
(assuming funds could be found to implement).
14. Improve permitting for agricultural uses
Farmers and representatives of owners of agricultural land expressed concerns with the
complexity, time and expense of securing various permits, and also with some of the
requirements imposed when developing their agricultural property. Many felt that farm
development should not have the same requirements as commercial and residential
developments. Some also mentioned that the permitting process should maximize focus
on meeting the objective of the regulations. The County Departments of Conservation
and Development, Agriculture, Health, and Public Works have indicated a willingness to
continue to engage with the agricultural community to pursue these goals to the reduce
the time and cost of processing the required permits. Collaboration as discussed in Item
#13 above will be important.
The agricultural lands in the County, including grazing lands such as those found in East
County, Tassajara, Central County, and the orchard and row crops located in the East
County area, are unique. As such, the County should consider having distinct policies for
the different agricultural regions informed by residents’ vision for the future.
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15. Consider a Noise Ordinance
During the agricultural land use policy meetings, a topic that has been brought up
several times was on noise generated from special events occurring on neighboring
properties. The County currently does not have a Noise Ordinance and has limited ability
to enforce complaints received on noise, though enforcement tools increase when a land
use entitlement is approved and conditions of approval regarding noise are imposed. A
Noise Ordinance should be considered to provide thresholds for noise generating
impacts. However, it should be recognized that even if a Noise Ordinance were adopted
significant enforcement hurdles would remain.
D. PROMOTION / MARKETING
16. Equestrian, bike trail connecting farms; Consider
Allowing Equestrian Facilities within the A-40 and
A-80 Zoning Districts with a Land Use Permit
The County should work with partners to explore and
plan for enhanced trail connections between
agricultural tourism sites, including existing U-Pick
operations.
Currently, the A-40 and A-80 Zoning Districts do not
allow equestrian facilities. Though such uses do not
capitalize on the exceptionally productive soils in the
A-40 Zoning District, they also do not destroy the soils.
Also, despite the prohibition, a number of equestrian
uses are present today. The County should consider
allowing new or existing equestrian uses through a land use permitting process
incorporating standards to protect neighbors, and agricultural uses generally, and
should consider requiring mitigation.
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17. Signage
The County should work with partners to explore, seek funding for and implement an
effort to provide more signage promoting agriculture in the County.
The County currently has a Sign Ordinance that provides standards for any proposed
signage. The County is currently working on amending the existing Sign Ordinance to
update the sign standards to allow way-finding signs in the right-of-way to direct people
to U-pick operations.
The working group recommends the sign standards also be amended to clarify that
lighted signs for lodging, food service, and winery uses may be compatible with
agricultural areas if conditioned appropriate with setting (e.g. wood signs lit from the
front; not neon, not lit from within).
18. Promoting Agriculture in Contra Costa County
The County should work with other agencies and non-profits to continue to promote
agricultural vitality in Contra Costa County. The County should continue to evaluate its
agricultural policies in the future and strive to expand the tools available to promoting a
thriving, sustainable agricultural economy. Planning grants from the State’s Sustainable
Agricultural Lands Conservation Program should be pursued.
100
Department of Conservation and Development
County Planning Commission
Wednesday, February 22, 2023 – 6:30 P.M.
STAFF REPORT Agenda Item #_____
Project Title:
Zoning Text Amendment Establishing Agritourism Uses in
Agricultural Zoning Districts
County File(s):
CDZT22-00003
Applicant:
Owner:
Contra Costa County
Contra Costa County
General Plan/Zoning:
Countywide
Site Address/Location: Countywide
California Environmental
Quality Act (CEQA) Status:
The project is exempt under Section 15061(b)(3) of the
Environmental Quality Act (See Section V for additional
information).
Project Planner: Jennifer Cruz, Principal Planner (925) 655-2867
Jennifer.Cruz@dcd.cccounty.us
Staff Recommendation: Recommend Approval to the Board of Supervisors (See
Section II for complete recommendation)
I. PROJECT SUMMARY
This is a hearing on a County initiated Zoning Text Amendment to establish size and
location standards, sales requirements, and other regulations governing agritourism
uses in agricultural zoning districts, recodify Chapter 88-20 (Agricultural Farm Stands
and Farm Markets) as Chapter 824-4 (Grower Stands, Farm Stands, and Farm
Markets), and amend Chapters 84-82 and 84-84 to allow stables in A-40 and A-80
agricultural zoning districts with the issuance of a land use permit.
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Zoning Text Amendment
County File# CDZT22-00003
CPC, February 22, 2023
Page 2 of 8
RECOMMENDATION
Staff recommends that the County Planning Commission:
1. OPEN the public hearing on the proposed zoning text amendment; RECEIVE
testimony; and CLOSE the public hearing.
2. RECOMMEND that the Board of Supervisors take the following actions:
A. ADOPT the proposed zoning text amendment to establish size and location
standards, sales requirements, and other regulations governing agritourism
uses in agricultural zoning districts, recodify Chapter 88-20 (Agricultural Farm
Stands and Farm Markets) as Chapter 824-4 (Grower Stands, Farm Stands,
and Farm Markets), and amend Chapters 84-82 and 84-84 to allow stables in
A-40 and A-80 agricultural zoning districts with the issuance of a land use
permit.
B. DETERMINE that the proposed zoning text amendment is exempt from CEQA
under CEQA Guidelines Sections 15061(b)(3) (common sense exemption).
C. Direct staff to file a Notice of Exemption with the County Clerk.
II. BACKGROUND
Board Direction
On December 20, 2016, at the recommendation of then Supervisor Piepho, the Board
of Supervisors approved the expenditure of up to $150,000 from the Livable
Communities Trust (District III Portion) and authorized the Department of
Conservation and Development (DCD), in consultation with the Ag Task Force and
local agricultural stakeholders, to identify for future Board consideration specific
actions the County could take to further promote and incentivize agricultural
sustainability and economic vitality. The succeeding District III Supervisor, Supervisor
Burgis, met with staff and outreached to the community to generate interest and
ideas for the upcoming public process. On February 13, 2018, Supervisor Burgis
recommended, and the Board approved, authorizing DCD to convene a series of
open, public meetings with persons and groups interested in the policy reform topic.
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Public Review Process
DCD convened a series of public meetings with people and parties interested in
agricultural sustainability and economic vitality in Contra Costa County to review
existing land use regulations and collect input on potential modifications to these
policies.
The policy review process was held over a 12-month period starting in 2018. These
large meetings, which ranged from 20-70 participants per meeting, were held in
Martinez, Danville, and Knightsen. Participants that attended the meetings came from
diverse backgrounds, including individuals from the farming and ranching community,
rural residents, proponents of various agricultural commercial ventures, and
conservation organizations. The meetings also included significant support and
participation from the County's Departments of Agriculture, Health Services
(Environmental Health Division), and Public Works, and agencies such as the
University of California Cooperative Extension (UCCE) and Contra Costa Resource
Conservation District (RCD). Participants provided insights on what makes the County
unique, developed a shared vision for the future of agriculture in Contra Costa
County, identified obstacles to a healthier agricultural economy, and discussed
opportunities and constraints of agritourism. Staff researched policies and programs
in other counties and developed numerous tables and maps with relevant
background information. The meetings also included guest speakers from Yolo
County and Sonoma County sharing their experiences promoting agriculture in their
regions and their work as an agricultural ombudsperson.
The discussion among the participants and the County led to a number of specific
proposals to improve agricultural land use policy. These proposals were assembled
into a preliminary list of recommendations, including thoughts on key conditions and
staff notes on key relevant Building, Health, and Public Works provisions. Iterative
drafts of the list of recommendations were discussed in meetings and commented on
in numerous comment periods over the course of approximately one year.
Recommendations Report
The result of the extensive stakeholder collaboration was the Recommendations on
Reforming Agricultural Land Use Policies in Contra Costa County To Improve Both
Economic Vitality and Sustainability Report (“Report”). The Report, attached as
Attachment B, included 18 recommendations to promote and preserve agriculture in
Contra Costa County.
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The Report recommends authorizing various new types of lodging accommodations
in agricultural areas, including short-term rentals for 90 days or less, farm stays for up
to 90 days, bed-and-breakfast, and camping/yurts. The Report also recommends
authorizing food service uses in agricultural areas, including farm dinners and farm-
to-table restaurants. The Report also recommends updating the County’s winery
policies and authorizing certain new uses to host large events. The Report discussed
the possible permits that may be required, in addition to other permits required by
other agencies.
Broader policy reforms were also discussed in the report. Examples include
establishing mitigation requirements for conversion of agricultural land, new efforts
to address rural blight and illegal dumping, examining opportunities to reduce
impacts of rural development on agriculture, new efforts to facilitate communication
between the farming community and regulatory agencies, improving permitting for
agricultural uses, and considering a noise ordinance.
Finally, the Report presented recommendations to promote agriculture in Contra
Costa County, including equestrian and bike trails to connect farms, allowing
equestrian facilities within additional agricultural districts, exploring additional
funding for signage to promote agriculture in the County, updating the County’s Sign
Ordinance, and working with other agencies to promote agricultural vitality in the
County.
Board Action on Report and Implementation
The Report was presented to and accepted by the Board of Supervisors on February 4,
2020. As summarized above, the Report contains a broad array of recommendations
and staff will be working with the Board to address them in phases. Some initial
accomplishments include:
• Board adoption in the summer of 2022 of an urgency ordinance to adjust
provisions of the County’s regulations related to temporary events to provide
additional tools for deterring unregulated commercial parties in agricultural
areas;
• launching the County’s Illegal Dumping Initiative and Board approval of a
$500,000 per year allocation of Measure X funding to sustain the Initiative;
• updating the County’s sign ordinance, including provisions intended to
facilitate signage for farms that can be visited by the public.
This report describes the next major phase in implementation, the proposed
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establishment of a regulatory framework in this proposed zoning text amendment for
permitting, establishing, and operating agritourism uses. The proposed amendment
is guided by the detailed recommendations of the Report but also reflects staff review
of regulations in place in other California counties.
Following review, approval and initial implementation of the proposed zoning text
amendment, staff plans to work with the Board to pursue the remaining Report
recommendations.
III. PROPOSED ZONING TEXT AMENDMENTS
Agritourism uses are uses that are accessory to a primary agricultural use; are
conducted for the enjoyment and education of visitors, guests, or clients; and
generate income for the owner or operator of a working farm, ranch, or other
agricultural operation.
The propose zoning text amendment would add Division 824 to the County
Ordinance Code to authorize farm stay, farm dinner, agricamping, bed and breakfast,
farm-to table-restaurant, olive oil mill, and winery as agritourism uses that are
permitted in agricultural zoning districts. The proposed ordinance would also
incorporate the County’s current regulations regarding grower stands, farm stands,
farm markets into Division 824, as additional agritourism uses. The proposed
ordinance would also authorize the establishment of stables in A-40 and A-80 zoning
districts, consistent with the uses allowed in other agricultural zoning districts.
Below is a summary of proposed Division 824, regulating agritourism uses.
Permitting
The following agritourism uses would be allowed upon the issuance of a ministerial
permit:
• farm stand
• farm stay
• farm dinner
• small winery without a tasting/on-site sales area and that will not host large
events
• small olive oil mill without a tasting/on-site sales area and that will not host
large events.
If three or more of the above-listed uses were to be established on the same lot, a
land use permit would be required.
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The following agritourism uses would be allowed upon the issuance of a land use
permit:
• agricamping
• bed and breakfast
• farm market
• farm-to-table restaurant
• large olive oil mill
• large winery; small olive oil mill with a tasting/on-site sales area or that will
host large events
• small winery with a tasting/on-site sales area or that will host large events.
A grower stand that met all the applicable standards in the proposed ordinance
would be allowed without a separate permit.
Standards
In establishing these uses, the zoning text amendment requires a minimum lot size,
specifies floor area requirements and number of guests allowed, standards related to
frequency of events, noise, exterior lighting, percentage of parcel to engage in
agricultural activities that should be kept free of structures, and provide a program of
agricultural promotion and guest education regarding activities on site and in the
area. The zoning text amendment also requires certain uses to be on a lot served by a
retail water supplier and a distance requirement from one establishment to another.
Attached to this staff report is a table of the agritourism uses and a summary of the
requirements (Attachment C).
Large Events
A land use permit authorizing a winery, olive oil mill, bed and breakfast, or farm-to-
table restaurant may also authorize the hosting of large events.
The proposed ordinance would allow up to 12 large events per year on a parcel of 40
or more acres, and up to 6 large events per year on smaller parcels. Only one large
event may be hosted in a calendar month. The land use permit authorizing the
hosting of large events must limit the maximum number of people at a large event to
minimize impacts on traffic, parking, and neighbors, and may not permit more than
75 persons at a large event on a parcel of less than 40 acres. The proposed ordinance
would also establish noise and lighting restrictions to minimize impacts to neighbors.
An agritourism use not authorized to host large events under Division 824 may host a
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temporary event subject to regulations of the County’s Temporary Event Ordinance.
IV. CONSISTENCY WITH THE GENERAL PLAN
The proposed zoning text amendment to allow agritourism uses is consistent with the
following Goals and Policies of the General Plan.
3-M. Protect and promote the economic viability of agricultural land.
3-s. Establish standards and policies designed to protect the economic viability
of agricultural land which may include, but not necessarily be limited to,
preservation agreements, conservation easements, clustering, and
establishment of agricultural mitigation fees.
8-2. Areas that are highly suited to prime agricultural production shall be
protected and preserved for agriculture and standards for protecting the
viability of agricultural land shall be established.
8-G. To encourage and enhance agriculture, and to maintain and promote a
healthy and competitive agricultural economy.
8-H. To conserve prime productive agricultural land outside the Urban Limit
Line exclusively for agriculture.
8-I. To minimize conflicts between agricultural and urban uses.
8-29. Large contiguous areas of the County should be encouraged to remain in
agricultural production, as long as economically viable.
8-39. A full range of agriculturally-related uses shall be allowed and
encouraged in agricultural areas.
8-41. The promotion and marketing of locally grown agricultural products and
“value-added” agricultural products, which means an agricultural product that
has been changed from its natural state into an item for ultimate sale to the
consumer, so as to increase the value of the agricultural product, shall be
encouraged.
8-44. Agricultural processing and service businesses, including facilities for the
production and direct marketing of “value-added” agricultural products, in
agriculturally designated areas may be permitted.
8-ah. Require adequate setbacks for any non-agricultural structures located
within or adjacent to cultivated agriculture.
The Conservation Element in the County’s General Plan also identifies as a Zoning
Ordinance Revision to modify the agricultural zoning districts to allow agricultural
service businesses and uses in agriculturally designated areas as larger agricultural
service businesses which have more than one employee but are clearly subordinate to
on-site production activities, and which occupy less than ½ acre of land and do not
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adversely affect agricultural production in the area, subject to issuance of a land use
permit).
The zoning text amendment would establish zoning regulations to allow for a variety
of agritourism uses in agricultural zoning districts. Standards and requirements for
these uses specified in the zoning text amendment allow working farm, ranch or other
agricultural operations to generate income and still preserve agricultural lands in the
County.
V. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
The Zoning Text Amendment is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
CEQA Guidelines section 15061(b)(3) is the “common sense exemption.” The
proposed actions would authorize the establishment of agritourism uses in
agricultural zoning districts after the issuance of a ministerial permit or a land use
permit. No specific project is approved with this Zoning Text Amendment. The
proposed new uses that could foreseeably have an environmental impact would each
require separate discretionary permits and be subject to individual environmental
review pursuant to CEQA. Some uses could be approved with a ministerial permit and
that action would be categorically exempt from CEQA. However, such proposed uses
are minor extensions of existing allowed uses, are subordinate to the primary
agricultural use and are subject to specific standard requirements related to lot area,
number of bedrooms and guests, number of events, noise, and light. Thus, it can be
seen with certainty that there is no possibility that the proposed actions could have a
significant effect on the environment.
VI. CONCLUSION
The proposed zoning text amendment would authorize agritourism uses in
agricultural zoning districts in the County, and would establish standards for these
uses that would preserve agricultural land be consistent with the County General Plan.
Therefore, staff recommends the Commission recommend that the Board of
Supervisors approve the zoning text amendment.
Attachments:
Attachment A - Draft Ordinance
Attachment B - February 4, 2020 Report - Recommendations on Reforming Agricultural Land Use Policies in
Contra Costa County
Attachment C – Table of Agritourism Uses
Attachment D - Power Point Presentation
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ORDINANCE NO. 2023-___ DRAFT
AUTHORIZING AGRITOURISM USES IN AGRICULTURAL ZONING DISTRICTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION 1. SUMMARY. This ordinance establishes size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts.
This ordinance also recodifies Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as
Chapter 824-4 (Grower Stands, Farm Stands, and Farm Markets). This ordinance also amends
Chapters 84-82 and 84-84 to allow stables in A-40 and A-80 agricultural zoning districts with the
issuance of a land use permit.
SECTION 2. Division 824 is added to the County Ordinance Code, to read:
Division 824
AGRITOURISM
Chapter 824-2
GENERAL AGRITOURISM REGULATIONS
824-2.002 Purpose and Intent. The purpose of this division is to establish zoning regulations to
allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses
that are located at a working farm, ranch, or other agricultural operation; are accessory to a
primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or
clients; and generate income for the owner or operator of the working farm, ranch, or other
agricultural operation. (Ord. 2023-__ § 2.)
824-2.004 Definitions. For purposes of this division, the following words and phrases have the
following meanings:
(a) “Agricamping establishment” means an establishment that provides food and lodging in
accordance with this division.
(b) “Agritourism lodging establishment” means a residence in an agricultural zoning district
that is used as a bed and breakfast establishment, a farm stay establishment, or a short-
term rental that complies with Chapter 88-32.
(c) “Agritourism use” means any of the following uses located in an agricultural zoning
district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm
stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.
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(d) “Bed and breakfast establishment” means an establishment that provides food and
lodging in accordance with this division.
(e) “Farm dinner” means an occasion where food is provided in accordance with this
division.
(f) “Farm market” means an area accessory to an on-site agricultural operation that is used to
sell farm products, value-added farm products, and non-agricultural items, as specified,
where the total sales area does not exceed 3,500 square feet.
(g) “Farm product” includes any of the following in its raw or natural state: any agricultural,
horticultural, viticultural, or vegetable product of the soil; poultry products; livestock
products; and apiary products. “Farm product” does not include any livestock, poultry,
fish, or shellfish.
(h) “Farm stand” means an area accessory to an on-site agricultural operation that is used
primarily to sell farm products, value-added farm products, and non-agricultural items, as
specified, where the total sales area does not exceed 1,500 square feet.
(i) “Farm stay establishment” means an establishment that provides food and lodging in
accordance with this division.
(j) “Farm-to-table restaurant” means a restaurant that provides food in accordance with this
division.
(k) “Grower stand” means an area accessory to an on-site agricultural operation that is used
to sell farm products produced on-site or proximate to the site, as specified, where the
total sales area does not exceed 1,500 square feet.
(l) “Large event” means an occasion at an agritourism use establishment organized for a
particular and limited purpose and time, not to exceed three consecutive days.
(m) “Non-agricultural item” means any item offered for sale other than farm products and
value-added farm products.
(n) “Olive oil mill” means an operation for the processing of olives into olive oil. An olive
oil mill may be a small olive oil mill or a large olive oil mill.
(o) “Olive oil production facility” means a facility or facilities at an olive oil mill used for
any of the following activities or uses: harvesting, milling, pressing, and crushing fresh
olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of
olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution
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of olive oil; equipment storage and repair; composting and removal of olive pomace and
other agricultural product waste, and agricultural wastewater treatment. A tasting area or
on-site sales area at an olive oil mill is not part of the olive oil production facility at the
olive oil mill.
(p) “Responsible party” means a person that is designated by the applicant as a point of
contact for the agritourism use.
(q) “Value-added farm product” means a farm product that has been changed from its natural
state to an item in a different form through canning, drying, freezing, preserving,
fermenting, compounding, processing, packing, or a similar alteration, so as to increase
the value of the farm product.
(r) “Wine production facility” means a facility or facilities at a winery used for any of the
following activities or uses: crushing or pressing grapes; fermenting wine; aging wine;
processing and blending of wine; bottling and labeling of wine; storage of wine in cellars,
vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping,
receiving, and distribution of wine; truck scales; equipment storage and repair;
composting of grape byproducts and other agricultural product waste, and agricultural
wastewater treatment. A tasting area or on-site sales area at a winery is not part of the
wine production facility at the winery.
(s) “Winery” means an operation for the fermentation and processing of grapes into wine, or
the refermentation of still wine into sparkling wine. A winery may be a small winery or a
large winery. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.006 Location.
(a) An agritourism use that complies with the provisions of this division may be located on
any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).
(b) Multiple agritourism uses may be permitted on the same lot, except as follows:
(1) A farm stay establishment and a bed and breakfast establishment may not be
permitted on the same lot.
(2) A farm dinner and a farm-to-table restaurant may not be permitted on the same
lot.
(3) A farm market and a farm stand may not be permitted on the same lot.
(4) A farm market and a grower stand may not be permitted on the same lot.
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(5) A farm stand and a grower stand may not be permitted on the same lot.
(6) A small olive oil mill and a large olive oil mill may not be permitted on the same
lot.
(7) A small winery and a large winery may not be permitted on the same lot.
(A) (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.008 Accessory Use. An agritourism use is allowed only if it is an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206. If property is located in an
agricultural zoning district but the property is not used for agriculture, then no agritourism use is
allowed on the property. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.010 Parking.
(a) Adequate parking for consumers and employees must be provided at an agritourism use.
If an agritourism use consists of a structure, one off-street parking space must be
provided for each 300 square feet of structural floor area, with a minimum of two parking
spaces. Each required off-street parking space must be at least nine feet by 19 feet in
size. The required parking spaces may be dirt or gravel. The required parking spaces
need not be paved, striped, or otherwise improved, but must be identifiable. Parking
spaces must be oriented such that vehicles are not required to back onto a public road.
(b) Safe access to and from a public road must be provided with a durable, dustless surface,
such as compacted gravel or a similar permeable surface, or asphalt, except that within 20
feet of a public road all access surfaces must be asphalt. A defined point of ingress and
egress must be provided. An encroachment permit must be obtained for a new point of
access to a public road.
(c) The parking requirements of Chapter 82-16 do not apply to this division. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-2.012 Signs.
(a) One or more on-site commercial signs are allowed on a lot with an agritourism use. An
“on-site commercial sign” is a sign that directs attention to the business activity
conducted or products sold or produced on the lot where the agritourism use is located.
(b) The following on-site commercial signs may be located on a lot with an agritourism use:
(1) One free-standing on-site commercial sign that does not exceed 12 feet in height
or the height of the tallest structure, whichever is lower, and whose total display
surface area does not exceed 32 square feet if the sign is single-sided or 64 square
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feet if the sign is double-sided.
(2) Additional on-site commercial signs that are affixed directly to any structure with
an indoor sales area.
(3) One or more additional free-standing on-site commercial signs. No additional
free-standing sign shall exceed 12 feet in height or have a display surface area
greater than 16 square feet.
(c) The total display surface area of all on-site commercial signs on a lot with an agritourism
use shall not exceed 128 square feet.
(d) An on-site commercial sign may not encroach on any public right of way and may not
conflict with any applicable sight distance.
(e) An on-site commercial sign may not be illuminated.
(f) All signs and sign structures shall be maintained in a safe and structurally sound manner
free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly
painted at all times.
(g) A temporary on-site commercial sign must be removed when not in use.
(h) An on-site commercial sign or signs authorized by this division may contain
noncommercial copy in lieu of other copy. Nothing in this division may be construed as
regulating or restricting the use of noncommercial copy or message on any sign allowed
under this section.
(i) If an agritourism use is lawfully established under the provisions of this division, on-site
commercial signs that meet the requirements of this section are allowed without a
separate permit.
(j) Off-site commercial signs are prohibited on a lot with an agritourism use. An “off-site
commercial sign” is an advertising sign that directs attention to a business activity
conducted or product or services sold or offered at a location not on the lot where the
agritourism use is located. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.014 Height and Setbacks. An agritourism use must comply with the height and setback
requirements that apply in the zone in which the property is located. (Ords. 2023-__ § 2, 2007-
23 § 2.)
824-2.016 Events. Except as otherwise provided for in this division, the requirements of Chapter
82-44, Temporary Events, apply to this division. (Ord. 2023-__ § 2.)
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824-2.018 Permits.
(a) No permit. No permit is required under this division for a grower stand that meets the
standards contained in this division.
(b) Ministerial permit.
(1) Unless a land use permit is otherwise required by subsection (c), below, a
ministerial permit is required before any of the following uses may be established
under this division: farm stand; farm stay; farm dinner; small winery without a
tasting/on-site sales area and that will not host large events; or small olive oil mill
without a tasting/on-site sales area and that will not host large events.
(2) An application for a ministerial permit must be made in writing and contain
sufficient information to allow the Department of Conservation and Development
to determine if the agritourism use will meet the standards in this division.
(3) An application for a ministerial permit will be approved without discretionary
review or public hearing unless any of the following grounds for denial exist:
(A) The application is incomplete.
(B) The applicant has not paid all required fees in accordance with the fee
schedule adopted by the Board of Supervisors.
(C) The applicant is delinquent in the payment of County taxes.
(D) A separate agritourism use permit associated with the location or the
applicant was revoked within 24 months before the date of application.
(E) A structure proposed for an agritourism use violates any provision of this
code, including the building standards in Title 7.
(4) After a ministerial permit for farm stay or farm dinner is issued, the department
will notify all owners of property within 300 feet of the farm stay or farm dinner
that a permit was issued. The notice will be in writing and contain the location of
the farm stay or farm dinner, contact information for the responsible party
associated with the permit, contact information for county code enforcement, and
a website address where the agritourism ordinance is listed.
(5) A ministerial permit for farm stay or farm dinner expires one year from the date
the permit was approved, unless it is revoked sooner.
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(6) An application to renew a ministerial permit for farm stay or farm dinner must be
filed with the Department of Conservation and Development at least 30 days
before the permit expires.
(7) An application to renew a ministerial permit for farm stays or farm dinners will be
approved ministerially unless any of the following grounds for denial exist:
(A) Any of the grounds for denial under subsection (3) exist.
(B) The application is filed less than 30 days before the permit expires.
(C) The permit is revoked or is the subject of a revocation proceeding at the
time of application.
(8) A short-term rental proposed for an agricultural zoning district must comply with
the permit requirements of Chapter 88-32.
(c) Land use permit.
(1) A land use permit is required before three or more of the following uses may be
established on a lot under this division: farm stand; farm stay; farm dinner; small
winery without a tasting/on-site sales area and that will not host large events; or
small olive oil mill without a tasting/on-site sales area and that will not host large
events.
(2) A land use permit is required before any of the following uses may be established
under this division: agricamping; bed and breakfast; farm market; farm-to table-
restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on-
site sales area or that will host large events; or small winery with a tasting/on-site
sales area or that will host large events.
(3) An application to establish a land use permit under this division must contain all
of the information required by article 26-2.20 of this code.
(4) An application for a land use permit under this division will be decided in
accordance with article 26-2.20 of this code. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.020 Fees. Application, review, and permit fees for agritourism uses will be in amounts
established by the Board of Supervisors in the Conservation and Development Department’s fee
schedule. (Ords. 2023-__ § 2, 2007- 23 § 2.)
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824-2.022 Other Laws. Agritourism uses also may be subject to ordinances, statutes and
regulations administered by other county departments, including the building department, health
department, public works department, and agricultural commissioner’s office, and may be
subject to state and federal laws and regulations. The establishment of an agritourism use under
this division does not relieve anyone from the obligation to obtain any other permit or license
required by this code or state or federal law. Nothing in this division authorizes the
establishment of a microenterprise home kitchen operation. (Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-4
GROWER STANDS, FARM STANDS, AND FARM MARKETS
824-4.002 Purpose and Intent. The purpose of this chapter is to establish zoning regulations to
allow for the direct marketing of farm products from agricultural producers to consumers, which
the California Legislature has found benefits the agricultural community and the consumer.
(Food and Agricultural Code, sections 47000 and following.) This chapter is intended to allow
facilities that are accessory to on-site agricultural operations where agricultural products are
produced to sell these products as specified, and is not intended to encourage the establishment
of traditional retail stores or convenience markets in agricultural zoning districts. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-4.004 Sales Areas.
(a) A grower stand, farm stand, or farm market may consist of one or more outdoor sales
display areas, one or more structures with an indoor sales area, or both.
(b) The total sales area of a grower stand or farm stand, including all outdoor and indoor
sales areas, may not exceed 1,500 square feet.
(c) The total sales area of a farm market, including all outdoor and indoor sales areas, may
not exceed 3,500 square feet. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-4.006 Product Sales.
(a) Grower Stands.
(1) A grower stand may sell farm products produced on-site or proximate to the site.
Vending machines that dispense bottled or canned drinks may also be located at a
grower stand.
(2) The sale at a grower stand of any of the following is prohibited: value-added farm
products; non-agricultural items, except for bottled or canned drinks dispensed
from vending machines; and farm products not produced on-site or proximate to
the site.
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(b) Farm Stands.
(1) A farm stand may sell farm products produced on-site or proximate to the site.
(2) Up to 40 percent of the total sales area at a farm stand may be used for the sale of
any or all of the following: value-added farm products produced on-site or
proximate to the site; farm products not produced on-site or proximate to the site;
and non-agricultural items. No more than 10 percent of the total sales area of a
farm stand may be used for the sale of either or both of the following: non-
agricultural items and farm products not produced on-site or proximate to the site.
(c) Farm Markets.
(1) A farm market may sell farm products produced on-site or proximate to the site
and value-added farm products produced on-site or proximate to the site.
(2) Up to 20 percent of the total sales area at a farm market may be used for the sale
of either or both of the following: non-agricultural items and farm products not
produced on-site or proximate to the site.
(d) No petroleum products or tobacco may be sold or dispensed at any grower stand, farm
stand, or farm market.
(e) Nothing may be sold from a motorized vehicle at any grower stand, farm stand, or farm
market unless the vehicle is owned by the property owner and all sales from the vehicle
are in compliance with this chapter. (Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-6
WINERIES AND OLIVE OIL MILLS
824-6.002 Minimum Lot Size.
(a) A winery may only be located on a lot with a commercial vineyard of at least five acres.
(b) An olive oil mill may only be located on a lot with a commercial olive grove of at least
five acres. (Ord. 2023-__ § 2.)
824-6.004 Accessory Facilities.
(a) Production Facilities. The cumulative maximum floor area of all wine production
facilities at a winery or all olive oil production facilities at an olive oil mill is 5,000
square feet.
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(b) Tasting/On-Site Sales Areas. The cumulative maximum floor area of all tasting areas and
on-site sales areas at a winery or olive oil mill is 30 percent of the total floor area of all
wine production facilities at the winery or olive oil production facilities at the olive oil
mill.
(c) At least 80 percent of the parcel where a winery or olive oil mill is located must be
engaged in agricultural activities and kept free of structures. An agricultural/farming
plan must be submitted with the permit application, and annually thereafter. The
agricultural/farming plan must include a map of the parcel, the location of agritourism
use(s), the location of any other structures, the locations and type of agricultural activities
to be conducted on the parcel, and the total percentage of parcel area engaged in
agricultural activities. (Ord. 2023-__ § 2.)
824-6.006 Production Standards.
(a) Production Capacity.
(1) Wineries. A small winery may produce no more than 50,000 gallons of wine
annually. A large winery may produce more than 50,000 gallons of wine
annually.
(2) Olive Oil Mills. A small olive oil mill may produce no more than 50,000 gallons
of olive oil annually. A large olive oil mill may produce more than 50,000
gallons of olive oil annually.
(b) Production Ingredients.
(1) A minimum of 25 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown on the premises.
(2) A minimum of 50 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown in Contra Costa County.
(3) The owner of a winery or olive oil mill must maintain records showing the total
annual production amount from fruit grown on the premises and the amount from
fruit imported from off the premises. The records must indicate the dates of
receipt and the quantities of all imported fruit, and the name and location of the
growing operation from which the fruit is imported. (Ord. 2023-__ § 2.)
824-6.008 Food Service. A winery or olive oil mill may serve food as part of a wine tasting or
olive oil tasting. The following standards apply to food service at a winery or olive oil mill.
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(a) Food service must be incidental to the tasting of wine or olive oil.
(b) Food may not be sold separately from the wine or olive oil tasting.
(c) Food service must be limited to small appetizer-size portions with a fixed menu selected
by the winery or olive oil mill. Food service may not involve menu options and meal
service so that the winery or olive oil mill functions as a café or restaurant.
(d) Food service must be limited to one food sample per type of wine or olive oil. (Ord.
2023-__ § 2.)
824-6.010 Retail Water Supplier Required. A winery with a tasting/on-site sales area or that
will host large events, or an olive oil mill with a tasting/on-site sales area or that will host large
events, may only be located on a lot served by a retail water supplier. A “retail water supplier” is
a public agency, city, county, or investor-owned water utility regulated by the state Public
Utilities Commission that provides retail water service. A mutual water company is not a retail
water supplier. (Ord. 2023-__ § 2.)
824-6.012 Winery Permits and Licenses. In addition to all other permits and licenses required
by this code, state law, and federal law, a winery must have a valid permit and bond issued by
the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by
the Bureau, and a current 02 Winegrowers license issued by the California Department of
Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic
Beverage Control that allow other types of alcohol sales are prohibited. (Ord. 2023-__ § 2.)
824-6.014 Large Events at Wineries and Olive Oil Mills.
(a) Except as otherwise provided for in this section, a winery or olive oil mill may not host a
temporary event under Chapter 82-44, Temporary Events.
(b) A land use permit authorizing a winery or olive oil mill may also authorize the winery or
olive oil mill to host large events, consistent with Chapter 824-12. Large events that are
authorized by a land use permit pursuant to this section are allowed without a separate
permit. (Ord. 2023-__ § 2.)
Chapter 824-8
LODGING IN AGRICULTURAL DISTRICTS
824-8.002 Agritourism Lodging.
(a) Agritourism lodging may be provided only in a legally established residence.
Agritourism lodging may not be located within agricultural employee housing, seasonal
or year-round farmworker housing, or accessory dwelling units.
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(b) The minimum parcel size for an agritourism lodging establishment is 10 acres.
(c) The owner of the land on which agritourism lodging is provided, or a tenant farmer, must
reside on the property.
(d) An agritourism lodging establishment may have a maximum of five bedrooms or sleeping
rooms used for lodging.
(e) The maximum overnight occupancy for agritourism lodging is two persons per bedroom
or sleeping room. Children under three years of age are not counted toward occupancy.
The maximum number of agritourism lodging guests that may be on the premises at any
one time is 10.
(f) Food Service.
(A) A farm stay establishment may serve food or meals at any time, but only to
registered guests.
(B) A bed and breakfast establishment may serve only breakfast, and only to
registered guests.
(C) The price of food served at a farm stay establishment or bed and breakfast
establishment must be included in the price of the lodging.
(D) A short-term rental may not serve food or meals to guests.
(E) No kitchen or kitchenette facilities are allowed in a guest room within an
agritourism lodging establishment.
(g) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the agritourism
lodging establishment is prohibited during quiet hours.
(h) Exterior lighting must be directed downward and away from adjacent properties.
(i) The operator of an agricultural lodging establishment must engage in a program of
agricultural promotion and guest education regarding the agricultural activities on site
and in the area. The program may include active participation in the on-site agricultural
activities as part of the consideration for the lodging.
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(j) An agricultural promotion plan must be submitted with the permit application. The
agricultural promotion plan must demonstrate that the primary use of the land is for
agriculture and that the program associated with the agricultural lodging will promote
agriculture and educate guests.
(k) Farm stay establishments. The following additional standard applies to farm stay
establishments: the maximum number of days a farm stay establishment may host guests
in a calendar year is 90 days.
(l) Bed and breakfast establishments. The following additional standards apply to bed and
breakfast establishments.
(1) At least 80 percent of a parcel where a bed and breakfast establishment is located
must be engaged in agricultural activities and kept free of structures. An
agricultural/farming plan must be submitted with the permit application, and
annually thereafter. The agricultural/farming plan must include a map of the
parcel, the location of agritourism use(s), the location of any other structures, the
locations and type of agricultural activities to be conducted on the parcel, and the
total percentage of parcel area engaged in agricultural activities.
(2) A bed and breakfast establishment may only be located on a lot served by a retail
water supplier. A “retail water supplier” is a public agency, city, county, or
investor-owned water utility regulated by the state Public Utilities Commission
that provides retail water service. A mutual water company is not a retail water
supplier.
(3) In land use districts where a bed and breakfast establishment regulated by this
division would otherwise be a permitted use, it is unlawful to establish a bed and
breakfast establishment if the location of the bed and breakfast establishment is
within one-quarter mile of any parcel occupied by any other bed and breakfast
establishment. For the purposes of this subsection, distance is measured by the
shortest line connecting any point on the property line of the parcel on which the
bed and breakfast establishment will be established to any point on the property
line of the other parcel.
(4) Large events at bed and breakfast establishments.
(A) Except as otherwise provided for in this subsection (4), a bed and
breakfast establishment may not host a temporary event under Chapter 82-
44, Temporary Events.
(B) A land use permit authorizing a bed and breakfast establishment may also
authorize the bed and breakfast establishment to host large events,
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consistent with Chapter 824-12. Large events that are authorized by a
land use permit pursuant to this subsection (4) are allowed without a
separate permit. (Ord. 2023-__ § 2.)
824-8.004 Agricamping.
(a) Agricamping may be provided only in camping structures, including tent cabins and
yurts, owned by the property owner. Camping in guest-owned structures or tents is not
allowed.
(b) The minimum parcel size for an agricamping establishment is 10 acres.
(c) The owner of the land on which agricamping is provided, or a tenant farmer, must reside
on the property.
(d) An agricamping establishment may have a maximum of five camping structures.
(e) The maximum overnight occupancy for agricamping is two persons per camping
structure. Children under three years of age are not counted toward occupancy. The
maximum number of agricamping guests that may be on the premises at any one time is
10.
(f) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at the agricamping
establishment is prohibited during quiet hours.
(g) Exterior lighting must be directed downward and away from adjacent properties.
(h) An agricamping establishment may serve food or meals at any time, but only to
registered guests. No camp stove, kitchen, or kitchenette facilities are allowed in a
camping structure.
(i) The operator of an agricamping establishment must engage in a program of agricultural
promotion and guest education regarding the agricultural activities on site and in the area.
The program may include active participation in the on-site agricultural activities as part
of the consideration for the lodging.
(j) An agricultural promotion plan must be submitted with the permit application. The
agricultural promotion plan must demonstrate that the primary use of the land is for
agriculture and that the program associated with the agricultural lodging will promote
agriculture and educate guests. (Ord. 2023-__ § 2.)
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Chapter 824-10
FOOD SERVICE IN AGRICULTURAL DISTRICTS
824-10.002 Farm Dinners.
(a) Up to 12 farm dinners may be hosted at a property per year.
(b) The maximum number of guests at a farm dinner is 30, except that one farm dinner with a
maximum of 150 guests may be held at a property annually.
(c) A farm dinner may be hosted in an existing structure, outdoors on a property, on a patio,
or on a deck. If a farm dinner is hosted in an existing structure, the structure must meet
all building codes and fire codes that apply to the proposed number of guests.
(d) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a farm dinner is
prohibited during quiet hours.
(e) Exterior lighting must be directed downward and away from adjacent properties.
(f) The host of a farm dinner must engage in a program of agricultural promotion and guest
education regarding the agricultural activities on site and in the area. The program may
include active participation in the on-site agricultural activities as part of the
consideration for the farm dinner.
(g) An agricultural promotion plan must be submitted with the permit application. The
agricultural promotion plan must demonstrate that the primary use of the land is for
agriculture and that the program associated with the farm dinner will promote agriculture
and educate guests.
(h) This section does not authorize the establishment of a microenterprise home kitchen
operation. Food served at a farm dinner must be prepared in accordance with all
applicable local, state, and federal laws and regulations. (Ord. 2023-__ § 2.)
824-10.004 Farm-to-Table Restaurant.
(a) A farm-to-table restaurant may be established in an existing structure or in a new
structure.
(b) The minimum parcel size for farm-to-table restaurant is 10 acres.
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(c) The maximum dining area size in a farm-to-table restaurant is 1,500 square feet.
(d) The maximum dining area capacity in a farm-to-table restaurant is 35 guests.
(e) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the farm-to-table
restaurant is prohibited during quiet hours.
(f) Exterior lighting must be directed downward and away from adjacent properties.
(g) At least 50 percent of the fruits and vegetables served at a farm-to-table restaurant must
be grown on-site. At least 75 percent of the fruits and vegetables served at a farm-to-
table restaurant must be grown within Contra Costa County.
(h) At least 80 percent of a parcel where a farm-to-table restaurant is located must be
engaged in agricultural activities and kept free of structures. An agricultural/farming
plan must be submitted with the permit application, and annually thereafter. The
agricultural/farming plan must include a map of the parcel, the location of agritourism
use(s), the location of any other structures, the locations and type of agricultural activities
to be conducted on the parcel, and the total percentage of parcel area engaged in
agricultural activities.
(i) A farm-to-table restaurant may only be located on a lot served by a retail water supplier.
A “retail water supplier” is a public agency, city, county, or investor-owned water utility
regulated by the state Public Utilities Commission that provides retail water service. A
mutual water company is not a retail water supplier.
(j) In land use districts where a farm-to-table restaurant regulated by this division would
otherwise be a permitted use, it is unlawful to establish a farm-to-table restaurant if the
location of the farm-to-table restaurant is within one mile of any parcel occupied by any
other farm-to-table restaurant. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel on which the
farm-to-table restaurant will be established to any point on the property line of the other
parcel.
(k) Large events at farm-to-table restaurants.
(1) Except as otherwise authorized provided for in this subsection (k), a farm-to-table
restaurant may not host a temporary event under Chapter 82-44, Temporary
Events.
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(2) A land use permit authorizing a farm-to-table restaurant may also authorize the
farm-to-table restaurant to host large events, consistent with Chapter 824-12.
Large events that are authorized by a land use permit pursuant to this subsection
(k) are allowed without a separate permit. (Ord. 2023-__ § 2.)
824-10.006 Mobile Food Vendors. A food truck or other mobile food vendor may not operate
on any private parcel where an agritourism use is authorized under this division, except as
otherwise allowed by a land use permit or as part of a permitted large event. (Ord. 2023-__ § 2.)
Chapter 824-12
LARGE EVENTS HOSTED BY AGRITOURISM USE ESTABLISHMENTS
824-12.002 Large Events – Authorized. A land use permit authorizing any of the following
agritourism uses may also authorize the agritourism use establishment to host large events,
consistent with this chapter.
(a) A winery.
(b) An olive oil mill.
(c) A bed and breakfast establishment.
(d) A farm-to-table restaurant. (Ord. 2023-__ § 2.)
824-12.004 Location. An agritourism use establishment may not host large events if it is located
on a parcel that is within one mile of any parcel occupied by an agritourism use that is permitted
under this division to host large events. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel that will host large
events to any point on the property line of the other parcel. (Ord. 2023-__ § 2.)
824-12.006 Conditions.
(a) Number of events.
(1) On a parcel of less than 40 acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is six.
(2) On a parcel of 40 or more acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is 12.
(3) No more than one large event may be hosted in a calendar month.
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(b) Number of people.
(1) A land use permit authorizing large events must limit the maximum number of
people allowed at an event for purposes of minimizing impacts on traffic, parking,
and neighbors. In imposing conditions regulating the maximum number of people
allowed at an event, the zoning administrator may consider the lot size of the
event venue, parking available to serve the event venue, proximity of surrounding
residences, and the location and size of any buildings between the venue and
surrounding properties.
(2) On a parcel of less than 40 acres, the maximum number of people allowed at a
large event may not exceed 75.
(c) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours, during which noise must be restricted such that it cannot be
heard from neighboring properties, shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a large event is
prohibited during quiet hours.
(d) Exterior lighting must be directed downward and away from adjacent properties. (Ord.
2023-__ § 2.)
SECTION 3. Chapter 88-20 of the County Ordinance Code is repealed.
SECTION 4. Section 84-82.404 of the County Ordinance Code is amended to read:
84-82.404 Differences from A-20 district.
The following regulations for A-40 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-40 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-40 district shall be erected or
placed on a lot smaller than 40 acres in area. (Ords. 2023-__ § 4, 2017-14 § 17, 79-108.)
SECTION 5. Section 84-84.404 of the County Ordinance Code is amended to read:
84-84.404 Differences from A-20 district.
The following regulations for A-80 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-20 district for the
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uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-80 district shall be erected or
placed on a lot smaller than 80 acres in area. (Ords. 2023-__ § 5, 2018-18 § 5, 2017-14 §
17, 79-108.)
SECTION 6. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting
for or against it in the East Bay Times, a newspaper published in this County.
PASSED on _______________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Monica Nino, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
TLG:
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RECOMMENDATION(S):
ACCEPT report on “Recommendations on Reforming Agricultural Land Use Policies in Contra Costa County To
Improve Both Economic Vitality and Sustainability” and DIRECT staff to take the actions necessary to further
evaluate and implement the recommendations in the report, including returning to the Board for any and all necessary
authorizations and approvals.
FISCAL IMPACT:
None to the General Fund. The Board previously approved the expenditure of up to $150,000 from the Livable
Communities Trust (District III portion) by the Department of Conservation and Development (DCD) to conduct the
public review and develop recommendations. Of this amount, approximately $40,000 remains.
The majority of the recommendations in the report relate to the proposed modifications of the zoning code and
General Plan. The expense of preparing and analyzing these policy changes and conducting the necessary approval
process can be covered by the remaining $40,000, and, if necessary, by DCD’s existing Land Development Fund
budget.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 02/04/2020 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Jennifer Cruz, (925)
674-7790
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: February 4, 2020
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
D.6
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:February 4, 2020
Contra
Costa
County
Subject:Agricultural Land Use Policy Update Report
128
FISCAL IMPACT: (CONT'D)
Most of the remaining recommendations relate to suggestions for new approaches to existing County work and
can be accommodated within existing budgets. A few of the recommendations call for exploring new policies or
approaches (e.g. explore establishing a noise ordinance) that could lead to public demands for additional service.
The fiscal impacts of these actions will need to be evaluated in the future as part of the detailed review
recommended by the report. One of the recommendations mentions seeking outside grant funding to promote
agriculture in the county.
BACKGROUND:
Board Direction
On December 20, 2016, at the recommendation of then Supervisor Piepho, the Board of Supervisors approved the
expenditure of up to $150,000 from the Livable Communities Trust (District III Portion) and authorized DCD, in
consultation with the Ag Task Force and local agricultural stakeholders, to identify for future Board consideration
specific actions the County could take to further promote and incentivize agricultural sustainability and economic
vitality. The succeeding District III Supervisor, Supervisor Burgis, met with staff and outreached to the
community to generate interest and ideas for the upcoming public process. On February 13, 2018, Supervisor
Burgis recommended, and the Board approved, authorizing DCD to convene a series of open, public meetings
with persons and groups interested in the policy reform topic, in lieu of relying on the Ag Task Force which has
not met in years and does not have any members.
Public review process
Over the past 20 months, DCD convened a series of public meetings with people and parties interested in
agricultural sustainability and economic vitality in Contra Costa County to review existing land use regulations
and collect input on potential modifications to these policies.
The core of the policy review process was 12 large public meetings, which included a range of 20-70 participants
per meeting. Participants that attended the meetings come from diverse backgrounds, ranging from various
segments of the farming and ranching community, to rural residents, to proponents of various agricultural
commercial ventures to conservation organizations. The meetings also included significant support and
participation from the County's Departments of Agriculture, Health Services (Environmental Health Division),
and Public Works, and agencies such as the University of California Cooperative Extension (UCCE) and Contra
Costa Resource Conservation District (RCD).
The first three meetings were held in different areas of the County (Knightsen, Martinez, and Danville) during the
months of June, July, and August 2018. The remaining meetings were held in Knightsen at the Knightsen Farm
Bureau Hall, with the last meeting held on September 19, 2019. Participants provided insights on what makes the
County unique, developed a shared vision for the future of agriculture in Contra Costa County, identified
obstacles to a healthier agricultural economy, and discussed opportunities and constraints of agritourism. Staff
researched policies and programs in other counties and developed numerous tables and maps with relevant
background information. The meetings also included guest speakers from Yolo County and Sonoma County
sharing their experiences promoting agriculture in their regions and their work as an agricultural ombudsperson.
The discussion among the participants and the County led to a number of specific proposals to improve
agricultural land use policy. These proposals were assembled into a preliminary list of recommendations,
including thoughts on key conditions and staff notes on key relevant Building, Health and Public Works
provisions. Iterative drafts of the list of recommendations were discussed in meetings and commented on in
numerous comment periods over the course of approximately one year.
The attached report is the result of that intensive process. It is intended to reflect the general consensus of
participants in the process, where such consensus emerged. Key areas of disagreement are noted at various places
within the recommendations. Challenging issues will still need to be resolved in order to implement these
recommendations, but it is hoped that this report can serve as a foundation for progress toward more sustainable
129
and economically vibrant agriculture in Contra Costa County.
Staff appreciates the contributions provided by the many community members who gave significant time and
effort to this process.
Summary of Recommendations
The recommendations can be found in Section IV of the attached report. These recommendations consist of
proposed new agricultural uses and new agricultural land use policy initiatives. The recommendations in Section
IV are briefly summarized below.
This report recommends various new types of lodging accommodations, including short-term rentals for 90 days
or less, farm stays for up to 90 days, bed-and-breakfast, and camping/yurts/little houses on wheels. Short-term
rentals and farm stays would require being located within an existing building. Bed-and-breakfast could be
located within an existing, new, or modified building. These recommended uses may require a zoning permit such
as a ministerial permit or a land use permit, in addition to other permits required by other agencies.
Participants of the public meetings also recommend food service uses such as farm dinners, farm-to-table
restaurants, updating the Winery Ordinance, and allowing hosting of large events. These recommended uses may
require a zoning permit such as a ministerial permit or a land use permit, in addition to other permits required by
other agencies.
Broader policy reforms have also been a topic of discussion. Policy reforms include mitigation for conversion of
agricultural land, new efforts to address rural blight and illegal dumping, examining opportunities to reduce
impacts of rural development on agriculture, new efforts to facilitate communication between the farming
community and regulatory agencies, improving permitting for agricultural uses, and considering a noise ordinance.
Recommendations to promote agriculture in Contra Costa County include equestrian and bike trails to connect
farms, consider allowing equestrian facilities within additional agricultural districts, exploring additional funding
for signage to promote agriculture in the County, updating the County’s Sign Ordinance, and working with other
agencies to promote agricultural vitality in the County.
Next Steps
If authorized by the Board of Supervisors, DCD will work to develop the following:
An overall work plan and timeline for evaluating and implementing the recommendations, as directed by
the Board.
Develop draft General Plan Policies and Zoning Text Amendments, perform environmental review and
present recommended new policies to the Planning Commission and the Board for consideration.
On a parallel track, work with other agencies and partners to pursue recommendations that are not related to
General Plan and Zoning changes.
On a third parallel track, continue the outreach to, and dialog with, the community of people interested in
these topics to maintain community engagement and solicit input as recommendations are evaluated and
implemented.
CONSEQUENCE OF NEGATIVE ACTION:
If the Department of Conservation and Development is not authorized to take the steps to explore the
recommendations, then the necessary work required to move forward with the agricultural land use policy
recommendations discussed with the participants would not be implemented.
CHILDREN'S IMPACT STATEMENT:
The recommended action will not affect children’s programs in the County.
CLERK'S ADDENDUM
Speakers: Jan Rix, Kamyar Aram, UC Cooperative; Jeff Weidemann, Weidemann Ranch; Kathy Griffin; Zoe
130
Speakers: Jan Rix, Kamyar Aram, UC Cooperative; Jeff Weidemann, Weidemann Ranch; Kathy Griffin; Zoe
Siegel, Greenbelt Alliance; Barbara Frantz, Tess' Community Farm; Rebecca Courchesne, Frog Hollow Farm;
Juan Pablo Bavan, Save Mount Diablo; John Viano, CC Farm Bureau; Karen Rarey, Brentwood City Council.
The Supervisors expressed particular interest in staff addressing:
Guidelines for farm-to-table cafes, such as a particular percentage of the food served originating from the farm,
and the required amount of acreage to have a permit for café or bed and breakfast being manageable;
Further examination of whether mitigation fees are an appropriate choice for the agricultural area or an economic
burden;
Retaining sustainable agriculture and the rural nature of the area.
ACCEPTED the report on “Recommendations on Reforming Agricultural Land Use Policies in Contra Costa
County To Improve Both Economic Vitality and Sustainability” and DIRECTED staff to take the actions
necessary to further evaluate and implement the recommendations in the report, including returning to the Board
for any and all necessary authorizations and approvals.
ATTACHMENTS
Recomendations on Agricultural Land Use Policy to BOS 2-4-20
131
Recommendations on Reforming
Agricultural Land Use Policies in
Contra Costa County
To Improve Both Economic Vitality and
Sustainability
February 4, 2020
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Table of Contents
I. Summary
II. Vision Statement
III. Background Information
a. Board Direction
b. Key maps (General Plan, Zoning, Ag Core, Conserved agricultural lands,
etc.)
c. Table of Existing Agriculturally Zoned Uses in Contra Costa County
d. Table Comparing Agricultural Uses in Other Counties
e. Table Comparing Ombudsperson in Different Counties
IV. Recommendations
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I. Summary
With authorization and direction from the Contra Costa County Board of Supervisors,
the Department of Conservation and Development (DCD) conducted a public review of
existing land use regulations related to agriculture to identify for future Board
consideration specific actions the County could take to further promote and incentivize
agricultural sustainability and economic vitality. Over the past 20 months, DCD
convened a series of public meetings with people and parties interested in agricultural
sustainability and economic vitality in Contra Costa County to review existing land use
regulations and collect input on potential modifications to these policies.
The core of the policy review process was 12 large public meetings, which included a
range of 20-70 participants per meeting. Participants that attended the meetings come
from diverse backgrounds, from various segments of the farming and ranching
community, to rural residents, to proponents of various agricultural commercial ventures
to conservation organizations. The meetings also included significant support and
participation from the County's Departments of Agriculture, Health Services
(Environmental Health Division), and Public Works, and agencies such as the University
of California Cooperative Extension (UCCE) and Contra Costa Resource Conservation
District (RCD).
The first three meetings were held in different areas of the County (Knightsen, Martinez,
and Danville) during the months of June, July, and August 2018. The remaining meetings
were held in Knightsen at the Knightsen Farm Bureau Hall, with the last meeting held on
September 19, 2019. Participants provided insights on what makes the County unique,
developed a shared vision for the future of agriculture in Contra Costa County, and
identified obstacles to a healthier agricultural economy, and opportunities and
constraints of agritourism. Staff researched policies and programs in other counties and
developed numerous tables and maps with relevant background information. The
meetings also included guest speakers from Yolo County and Sonoma County sharing
their experiences promoting agriculture in their regions and their work as an agricultural
ombudsperson.
The discussion among the participants and the County led to a number of specific
proposals to improve agricultural land use policy. These proposals were assembled into
a preliminary list of recommendations, including thoughts on key conditions and staff
notes on key relevant Building, Health and Public Works provisions. Iterative drafts of
the list of recommendations were discussed in meetings and commented on in
numerous comment periods over the course of approximately one year.
This report is the result of that intensive process. It is intended to reflect the general
consensus of participants in the process, where such consensus emerged. Key areas of
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disagreement are noted at various places within the recommendations. Challenging
issues will still need to be resolved in order to implement these recommendations, but it
is hoped that this report can serve as a foundation for progress toward more sustainable
and economically vibrant agriculture in Contra Costa County.
Key recommendations continued in this report are summarized below:
This report recommends various new types of lodging accommodations, including
short-term rentals for 90 days or less, farm stays for up to 90 days, bed-and-breakfast,
and camping/yurts/little houses on wheels. Short-term rentals and farm stays would
require being located within an existing building. Bed-and-breakfast could be located
within an existing, new, or modified building. These recommended uses may require a
zoning permit such as a ministerial permit or a land use permit, in addition to other
permits required by other agencies.
Participants of the public meetings also recommend food service uses such as farm
dinners, farm-to-table restaurants, updating the Winery Ordinance, and allowing hosting
of large events. These recommended uses may require a zoning permit such as a
ministerial permit or a land use permit, in addition to other permits required by other
agencies.
Broader policy reforms have also been a topic of discussion. Policy reforms include
mitigation for conversion of agricultural land, new efforts to address rural blight and
illegal dumping, examining opportunities to reduce impacts of rural development on
agriculture, new efforts to facilitate communication between the farming community
and regulatory agencies, improving permitting for agricultural uses, and considering a
noise ordinance.
Recommendations to promote agriculture in Contra Costa County include equestrian
and bike trails to connect farms, consider allowing equestrian facilities within additional
agricultural districts, exploring additional funding for signage to promote agriculture in
the County, updating the County’s Sign Ordinance, and working with other agencies to
promote agricultural vitality in the County.
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II. Vision and Goals to Guide Review of Agricultural Land Use Policy
in Contra Costa County
Setting:
Contra Costa County’s rich soils, micro-climate, and reliable water supplies have allowed
generations of farmers to produce a variety of outstanding crops. Contra Costa farmers
have grown a wide variety of food for the Bay Area and beyond since the Gold Rush;
from vast winter wheat fields in the 1880’s to sweet corn, stone fruits, vegetables, olives,
wine grapes and beef today. Before the prohibition, Contra Costa County was home to
over fifty wineries, including the largest winery in the world for 12 years (1907-1919),
Winehaven, in Richmond. East Contra Costa has a long history of agricultural tourism,
including U-pick operations going back to the 1970s. Over 100,000 people travel to
Brentwood to pick cherries over Memorial Day weekend, annually. The unique
combination of world class growing conditions, proud farming tradition and location
within a major metropolitan area make agriculture one of Contra Costa County’s most
important assets.
Agricultural lands composed primarily of highly fertile Class I or II soils support a wide
variety of crops and many are irrigated and intensively farmed to produce food, fiber,
and plant materials. The majority of East Contra Costa’s agricultural lands with Class I or
II soils are located east of Brentwood in the County’s Agricultural Core, a General Plan
Land Use Designation intended to protect and promote agriculture on these high
quality lands. The County’s remaining intensively cultivated agricultural lands are
primarily concentrated there, in the Sacramento-San Joaquin Delta and in the
surrounding plain of Eastern Contra Costa County.
Agriculture thrives in other areas of the County as well. The Tassajara Valley area
supports thousands of acres of rangeland. That area is at a crossroad; historic farming
and ranching activities are merging with rural residential development, habitat
conservation, public lands, and various other activities. Briones, Morgan Territory, and
Las Trampas areas are also facing similar land use transitions and challenges.
Contra Costa County’s History of Land Use Regulations:
In 1978, the Board of Supervisors adopted the East County Area General Plan, which
included the new Agricultural Core (Ag Core) land use designation. The adopted policies
were intended to preserve and protect East County’s prime agricultural soils. In 1990,
County voters approved Measure C, establishing the 65/35 Land Preservation Plan and
Urban Limit Line (ULL) requiring at least 65 percent of all land in the county be
preserved for “non-urban” uses such as agriculture, open space, wetlands, and parks.
Measure C also required a 40-acre minimum parcel size for prime agricultural lands. In
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2006, voters approved Measure L, which extended the term of the ULL through 2026
and placed limitations on changes to the boundary. The required 2016 review of the
ULL determined capacity existed inside the ULL to accommodate jobs and housing
growth through 2036.
Policies have also been adopted to protect and encourage the economic viability of
agricultural land. For example, the County has adopted Farmstand, Farm-Market, and
Right to Farm Ordinances to protect existing uses and allow some new ones.
Additionally, the County also has adopted the Farmworker Housing Ordinance, which
allows and regulates housing accommodations for farmworkers. Further, the County
commissioned a report entitled Agricultural Infrastructure Report and Key Findings from
agricultural economist Lon Hatamiya in 2015. That report identified economic
opportunities such as demand for locally grown, source-identified, health, and
sustainably-produced food, demand for organic products, potential to expand value-
added food processing, manufacturing, co-processing, and co-packing across the
County, and expanded agricultural tourism in Contra Costa County.
Vision and Goals for the Future of Agriculture in Contra Costa County:
A thriving agricultural sector, including sustainable agricultural lands and a vibrant and
diverse agricultural economy, should remain a high priority for the Cou nty in setting
land use policy.
The following are primary goals for the future of agriculture in Contra Costa County:
• Build on the unique assets of Contra Costa County to make agriculture more
vibrant and sustainable. These assets include rich soils, a unique and varied
climate, high-quality rangeland, reliable water supply, proximity to a major
metropolitan area, natural beauty and the recognized expertise of County farmers
and ranchers.
• Enable production of a diverse array of high-quality crops and agricultural
products. The diversified production will make the agricultural sector more
adaptable and resilient to changes in market conditions.
• Provide farmers greater opportunity to capitalize on the beauty, quality, diversity
and accessibility of farmland in the County. Agricultural tourism and direct
marketing opportunities should be supported and expanded.
• Protect the natural resources necessary for a thriving agricultural economy,
beneficial to the quality of life for residents in the agricultural areas, important for
climate resilience and ecological health and representing an important piece of
the natural heritage of future generations (e.g. soil, water and water quality, air
quality, biotic resources).
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• Adapt regulation to meet the unique needs of the agricultural community,
including making County permitting as efficient and flexible as possible (while
maintaining effective regulatory protections), communicating clearly and often
with the agricultural constituency and ensuring that enforcement is effective.
• Improve the sustainability of agricultural communities, by retaining and enhancing
the attractive, rural, natural, agricultural character of these areas and by
discouraging non-conforming uses that blight the community, while also
reflecting that farmers have a right to farm. The beauty of agricultural and natural
open space is a County resource with value for the economy, health, and well-
being of farming communities, commuters, and surrounding urban areas.
• Recognize that finite resources (water, transportation, space, firefighting/fire
resiliency) require a balanced approach to rural development.
• Support opportunities for urban agriculture, where appropriate.
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III. Background Information
a. Board Direction
b. Key maps (General Plan, Zoning, Ag Core, Conserved agricultural lands, etc.)
c. Table of Existing Agriculturally Zoned Uses in Contra Costa County
d. Table Comparing Agricultural Uses in Other Counties
e. Table Comparing Role of Agricultural Ombudsperson in Other Counties
139
RECOMMENDATION(S):
1. AUTHORIZE the Department of Conservation and Development (DCD), in consultation
with the Contra Costa County Agriculture Advisory Task Force and local agricultural
stakeholders, to review existing land use regulations (e.g., General Plan policies and zoning)
and identify for future Board consideration specific actions the County could take to further
promote and incentivize agricultural sustainability and economic vitality; and
2. APPROVE the expenditure of up to $150,000 from the Livable Communities Trust
(District III Portion) for this purpose, as recommended by Supervisor Mary Nejedly Piepho.
FISCAL IMPACT:
None to the General Fund. Up to $150,000 from the Livable Communities Trust (District III
portion) will be allocated toward the effort.
BACKGROUND:
Agriculture has historically been an important part of Contra Costa County’s economy and
culture, with agricultural
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/20/2016 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
ABSENT:Federal D. Glover, District V
Supervisor
Contact: TOMI RILEY,
925-252-4500
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 20, 2016
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Stephanie Mello, Deputy
cc:
C.106
To:Board of Supervisors
From:Mary N. Piepho, District III Supervisor
Date:December 20, 2016
Contra
Costa
County
Subject:Allocation of Funds from the Livable Communities Trust to Develop Recommendations on Agricultural
Land Use Policy
140
BACKGROUND: (CONT'D)
activities dating back to the Spanish colonial period. Good soils, a mild climate, and
adequate water supplies allowed agriculture to become a principal element of the county’s
economy. However, the agricultural sector began a steady decline following World War II,
as tens of thousands of acres of productive agricultural land were converted to accommodate
urban and suburban growth.
Understanding the impact of development pressures on agricultural resources, in 1978 the
Board of Supervisors established the Agricultural Core (“Ag Core”) as part of the
newly-adopted East County Area General Plan (see Note 1). The Ag Core included 14,600
acres of farmland that were the most capable of supporting and sustaining agricultural
production because the soils were considered the best for farming a wide variety of plants or
crops. These soils were rated as “Prime Farmland” through a soil survey conducted by the
U.S. Department of Agriculture’s Soil Conservation Service (now the Natural Resource
Conservation Service). Additionally, the Ag Core is identified as Prime Farmland through
the Farmland Monitoring and Mapping Program administered by the California Department
of Conservation, Division of Land Resources Protection (see Attachment A, Contra Costa
County Important Farmland Map 2014 and Note 2).
In 1990 Contra Costa voters approved Measure C, which among other things established
the County’s Urban Limit Line and resulted in the County rezoning the Ag Core to require
40-acre minimum parcel sizes where 10-acres had been the previous minimum.
Unfortunately, the years immediately preceding Measure C’s adoption saw a spike in
subdivision applications within the Ag Core, which resulted in creation of numerous parcels
that are undersized by today’s zoning standards. These parcels are often developed as estate
lots or other non-agricultural uses and may not easily lend themselves to
economically-viable agricultural enterprises due to their size.
Despite public and private efforts to preserve the county’s productive agricultural land over
the past several decades, from 1984 through 2014 Prime Farmland decreased from 41,181
to 25,502 acres and Important Farmland decreased from 116,148 to 88,912 acres (see Note
3). Prime Farmland within the Ag Core itself has decreased from 14,600 acres to
approximately 11,500 acres since the Ag Core’s inception.
Despite the decrease in agricultural acreage, agriculture is still an important element of the
Contra Costa County economy. In 2015 agriculture contributed $225 million and provided
2,277 jobs (1,735 direct and 542 indirect/supporting) (see Note 4). The $128.5 million gross
value of the county’s agricultural production ranked 38th out of the 56 California counties
submitting crop reports in 2015 and 6th out of the 9 Bay Area counties (see Note 5).
While Contra Costa’s agricultural production may be small compared to the $3.23 billion
production of San Joaquin County, it is nearly three times larger than the agricultural
production of neighboring Alameda County. Local initiatives such as Buy Fresh, Buy Local
and Harvest Time in Brentwood have increased awareness of Contra Costa’s agricultural
141
resources and products, but its agricultural tourism (“agritourism”) industry lags behind
Alameda County’s relative to the size of its agricultural economy. In part this is because
Alameda County has adopted a clear vision for its most prominent agricultural area, the
South Livermore Valley, and successfully worked with the cities of Livermore and
Pleasanton and local stakeholders, like the Livermore Valley Winegrowers Association, to
leverage its agricultural resources. Contra Costa County can learn from and build upon
Alameda County’s experience.
Food production has also become an issue of intense public interest in recent years. Across
the nation people have become increasingly aware of their food sources and production
practices. Organically farmed and farm-to-table, concepts which were somewhat obscure a
just decade ago, are now mainstream and commonly factor into consumer choices.
Therefore, it is important that Contra Costa County farms remain an economically-viable
local food source.
The District III Supervisor has consistently engaged with the agricultural community over
the last twelve years to hear their thoughts on the future of agriculture, including convening
town hall style meetings, participating in forums and conferences and engaging with
individual farmers and other interested people at numerous other meetings and events.
Farmers in Contra Costa County value our agricultural tradition and want to see it continue,
but they also feel strongly that opportunities to promote economic vitality for agriculture
need to be identified and pursued.
With these considerations in mind, the District III Supervisor recommends that the full
Board authorize DCD, in consultation with the Agricultural Advisory Task Force and
stakeholders in the local agricultural community, to identify for future Board consideration
specific actions the County could take to further promote and incentivize agricultural
sustainability and economic vitality. These could include, but are not limited to:
· Researching on how programs to promote agricultural sustainability and economic vitality
have been developed and funded throughout California, including agritourism, agricultural
marketing opportunities and efforts to make agriculture more sustainable.
· Reviewing the County General Plan and zoning ordinance to identify changes necessary to
promote the economic vitality and sustainability of agriculture.
· Reviewing current permitting procedures for agricultural projects to identify opportunities
for streamlining and removing barriers in order to promote the economic sustainability of
agricultural uses.
· Review policies and programs to identify opportunities for complementing improved
economic vitality with retention of the agricultural land and productivity necessary to drive
a sustainable and vital agricultural economy.
Completing the actions described above will require considerable staff resources. Extensive
142
public outreach and engagement will be necessary. Amendments to the County General Plan
and zoning ordinance are subject to review under the California Environmental Quality Act
and must go through a series of public hearings. The District III Supervisor therefore
recommends allocating $150,000 from the District III portion of deposits into the Livable
Communities Trust Fund to DCD to cover staff time and other costs.
The Livable Communities Trust Fund (Fund) was established to implement the County’s
Smart Growth Action Plan. Goals of the Action Plan relevant to this proposal are the
following: 3) to promote innovative land use planning and design principles that encourage
mixed use and infill development (this proposal is to study innovative land use planning and
is intended to improve the sustainability of agricultural lands and reduce pressure to convert
such lands to urban uses, thereby enabling a focus on mixed use and infill development in
existing urban areas; and 4) promote economic revitalization and urban infill communities
(this proposal is intended to promote the agricultural economy).
In reviewing the purpose of the Fund, the Board of Supervisors determined on December 3,
2013 that "the goal shall be to spend the money equally among supervisorial districts." At
build-out of the development projects contributing revenue to the Fund, deposits to the Fund
will total $8,448,000. The interest-bearing trust account has earned over $300,000 in interest
to date. So far, one expenditure has been made from the Fund (a $250,000 expenditure
approved on October 22, 2013 for the Northern Waterfront Economic Development
Initiative). Another expenditure was authorized on June 14, 2016, with $1,432,830 from the
District I portion providing matching funds for the development of the Heritage Point
affordable housing project in North Richmond. An additional proposal to authorize
expenditure of up to $250,000 from the District III portion is on the December 20 agenda
for a feasibility study for the Marsh Creek Corridor Multi-Use Trail.
CONSEQUENCE OF NEGATIVE ACTION:
If the funding is not allocated resources will not be available to the County to study and
develop policies to improve agricultural sustainability and profitability.
CHILDREN'S IMPACT STATEMENT:
The recommended action will not affect children’s programs in the County.
143
RECOMMENDATION(S):
1. ACCEPT update from the Department of Conservation and Development (DCD) on work
previously authorized by the Board to review existing land use regulations related to
agriculture and to identify for future Board consideration specific actions the County could
take to further promote and incentivize agricultural sustainability and economic vitality; and
2. AUTHORIZE DCD to convene a series of public meetings with people and parties
interested in agricultural sustainability and economic vitality in Contra Costa County to
review existing land use regulations and provide input on potential modifications to these
policies, in lieu of coordinating with the Contra Costa County Agriculture Advisory Task
Force (Ag Task Force) which is currently dormant.
FISCAL IMPACT:
None to the General Fund. Up to $150,000 from the Livable Communities Trust (District III
portion) has previously been allocated by the Board toward the effort.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 02/13/2018 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Diane Burgis, District III Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Alicia Nuchols,
925-252-4500
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: February 13, 2018
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.4
To:Board of Supervisors
From:Diane Burgis, District III Supervisor
Date:February 13, 2018
Contra
Costa
County
Subject:Modifying Ag Land Use Policy & Public Engagement
144
BACKGROUND:
On December 20, 2016, at the recommendation of then Supervisor Piepho, the Board of
Supervisors approved the expenditure of up to $150,000 from the Livable Communities
Trust (District III Portion) and authorized DCD, in consultation with the Ag Task Force
and local agricultural stakeholders, to identify for future Board consideration specific
actions the County could take to further promote and incentivize agricultural
sustainability and economic vitality (see Attachment 1). As the new District III
Supervisor, Supervisor Burgis has heard significant community interest in this topic and
is very eager to facilitate an effective public engagement effort that results in meaningful
policy modifications. To initiate the discussion on policy reform needs and ideas,
Supervisor Burgis worked with DCD to convene a meeting of agricultural stakeholders
on November 15, 2017. Participants generated a number of ideas (see Attachment 2) for
policy reforms that provide a useful starting point for future discussions. To expeditiously
generate policy reforms that reflect the needs of the community and further promote and
incentive both agricultural sustainability and economic vitality, DCD needs a public
engagement strategy that does not depend on the Ag Task Force. The Ag Task Force has
not met in years, does not have any members with current appointments and is not
anticipated to be in a position to start meeting again in the near future. Therefore, it is
recommended that in lieu of relying on the Ag Task Force for input, DCD be authorized
to convene a series of open, public meetings with persons and groups interested in the
policy reform topic. DCD would generate a contact list of interested stakeholders based
on its knowledge of the issue and in consultation with District Offices, publicize the
effort on its website and continuously update the list to include anyone interested in the
topic and send announcements of open, public meetings (perhaps four to eight in total) on
this topic to everyone on the list inviting their participation. It is recommended that
meetings be held in or near agricultural areas of the County, with a majority of the
meetings being held in eastern Contra Costa County where the majority of agricultural
lands are located, but with some meetings in other areas as well. Participants would be
invited and encouraged to all meetings, or as many as they can, to stay engaged in the
process and provide consistent input as the effort progresses. The results of these
discussions and the staff work would be presented to the Board for review and direction
and any modifications on General Plan policies or zoning provisions would need to be
considered by the County Planning Commission and approved by the Board.
CONSEQUENCE OF NEGATIVE ACTION:
If the Department of Conservation and Development is not authorized to convene a series
of stakeholder meetings in lieu of coordinating with the Ag Task Force, then the process
for developing policies to improve agricultural sustainability and vitality would be
delayed
CHILDREN'S IMPACT STATEMENT:
The recommended action will not affect children’s programs in the County.
CLERK'S ADDENDUM
145
Speaker: Lisa Borba, Ron Nunn Farms.
ATTACHMENTS
12-20-16 Board Order
11-15-17 Meeting Notes
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30 Muir Road, Martinez, CA 94553
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base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.
147
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by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
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Miles This map was created by the Contra Costa County Department of Conservation and
Development with data from the Contra Costa County GIS Program. Some
base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.
148
A StSacramento County
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Treat BlvdBailey RdBalfour Rd
Lone Tree Way Delta Rd
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Concord Blvd
Taylor BlvdSunset Rd
Pin
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Crow Canyon
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W Leland Rd
N Main StDough
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Diablo Rd Harbor StRhee
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Sand Creek Rd
Buchanan Rd
Camino TassajaraMain StHowe RdDavison Dr
Brentwood Blvd
E 18th St
Morello AveWill
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Camino Tassajara
Balfour RdMain StDa
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Contra Costa County
Alameda County
Alameda County
Solano County
SuisunBaySan PabloBay
FranksTractCarquinez Strait
Antioch
Concord
Oakley
Danville
Pittsburg
Orinda
San Ramon
Lafayette
Walnut Creek
Martinez
Brentwood
Hercules
Moraga
Richmond
Pinole
Clayton
Pleasant Hill
El Cerrito
San FranciscoBay
BigBreak
ShermanLake
Clifton CourtForebay
HonkerBay
Los VaquerosReservoir
San PabloReservoir BrionesReservoir
San LeandroReservoir
San Joaquin River
Old River
Sacramento River
Legend
County Boundary
Waterbodies
ZONING
A-2 (General Agriculture)
A-3 (Heavy Agriculture)
A-4 (Agricultural Preserve)
A-20 (Exclusive Agriculture)
A-40 (Exclusive Agriculture)
A-80 (Exclusive Agriculture)
Current County Wide Agricultural Areas
Map Created 6/19/2018
by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
37:59:41.791N 122:07:03.756WI0241
Miles This map was created by the Contra Costa County Department of Conservation and
Development with data from the Contra Costa County GIS Program. Some
base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.
149
ÄÅ4
ÄÅ4
ÄÅ4ÄÅ4
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Balfour Rd
Sellers AveSunset Rd
Fairview AveConcord Ave
Byron HwyChestnut St
Sand Creek Rd
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Discovery Bay BlvdLongwell AveGarin PkwyW
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Camino Diablo
Marsh Creek
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Walnut BlvdBrentwood BlvdConcord AveMarsh Creek RdFairview AveLegend
Parcels
Ag Core Parcels By Size
0-5 Acres
5-10 Acres
10-15 Acres
15-20 Acres
20 Acres and Larger
County Boundary
Current County Ag-Core Parcels by Size
Map Created 5/1/2018
by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
37:59:41.791N 122:07:03.756WI00.6 1.20.3
Miles This map was created by the Contra Costa County Department of Conservation and
Development with data from the Contra Costa County GIS Program. Some
base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.
150
DiscoveryBay
AlamedaCounty
SanJoaquinCounty
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ÄÅ44
Byron
Knightsen
ByronTract
HollandTract
PalmTract
OrwoodTract
VealeTract
ConeyIsland
Oakley
BixlerTract
Brentwood
Old RiverMiddle River
Conne
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Rock Slough
Indian Slou
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CliftonCourtForebay
MarshCreekReservoir Dredgers CutItalian SloughWest
Cana
l
California AqueductAgricultural Conservation Easements in East Contra Costa County
0 2 41
MilesMap created 04/22/2019
by Contra Costa County Department of
Conservation and Development, GIS Group
30 Muir Road, Martinez, CA 94553
37:59:41.791N 122:07:03.756W
This map or dataset was created by the Contra Costa County Department of Conservation
and Development with data from the Contra Costa County GIS Program. Some
base data, primarily City Limits, is derived from the CA State Board of Equalization's
tax rate areas. While obligated to use this data the County assumes no responsibility for
its accuracy. This map contains copyrighted information and may not be altered. It may be
reproduced in its current state if the source is cited. Users of this map agree to read and
accept the County of Contra Costa disclaimer of liability for geographic information.®
Incorporated Cities
Agricultural Conservation Easements
California Farm Trust
Agricultural Natural Resources Trust
151
DRAFT CONTRA COSTA COUNTY
LAND USE MATRIX FOR AGRICULTURAL ZONING DISTRICTS
08/20/2018
LAND USES \ AGRICULTURAL ZONING DISTRICT**A-2 A-3 A-4 A-20 A-402 A-802
Residential (not specifically mentioned in General Plan AL designation):
A detached single-family dwelling on each parcel & the accessory structures and uses normally auxiliary to it. A A L3 A A A
One additional single-family dwelling L L L4 L L L
Accessory dwelling units complying with the provisions of Chapter 82-24.A A A5 A A A
A farmworker dwelling (see chapter 82-52.402)A A A A A A
Farmworker housing complex (see chapter 82-52.404)A A A A A A
Farmworker housing center (see chapter 82-52.406)L L L L L L
A foster family home or a small family home, as those terms are defined in Health and Safety Code section 1502(a), that has obtained all
required state and local agency approvals and licenses. A A ----
A small family child care home or a large family child care home, as those terms are defined in California Code of Regulations, title 22, section
102352(f)(1), that has obtained all required state and local agency approvals and licenses.A, L A, L ----
Agricultural (growing, processing/manufacturing, storage, sales):
Agricultural cold storage plants on parcels at least ten acres in size A A -L L L
Agricultural cold storage plants on parcels less than ten acres in size L L -L L L
Agricultural-related storage of products and equipment (e.g., sheds, warehouses, granaries)A A L A A A
Animal breeding A A ----
Aviaries, Apiaries A A A A A A
Canneries L L L L L L
Commercial fish farming --L ---
Dairying A A L A A A
Dryers & dehydration plants A A L ---
Farm market L L L L L L
Forestry A A A A A A
Fruit and vegetable packing plants A A L A A A
Fur farms A A L ---
General Farming A A A A A A
Grain-fed rodent raising ---A A A
Grower stand or farm stand A A A A A A
Hog ranches --L ---
Hullers A A L A A A
Livestock and feed yards --L ---
Livestock auction or sales yards L --L L L
Livestock breeding ---A A A
Livestock production A A A A A A
Merchandising of agricultural supplies and services incidental to an agricultural use L L -L L L
Mushroom rooms, mushroom houses A A L L L L
Poultry raising A A L A A A
Processing of milk not produced on the premises -L -L L L
Rendering plants and fertilizer plants or yards L L -L L L
Retail firewood sales L L ----
Slaughterhouses and stockyards L L ----
Wholesale horticulture and floriculture A A A A A A
Wholesale nurseries and greenhouses A A L L L L
Wineries, commercial kitchens, or other facilities for creating value-added farm products L L L L L L
Public, Semi-Public, Recreational:
Boat storage facilities/area within one mile by public road of a public boat launching facility/boat launching facility open to the public.L6 L6 -L --
Churches, religious institutions, and parochial and private schools, including nursery schools L L -L --
Commercial radio and television receiving and transmitting facilities but not including broadcasting studios or business offices L L L L L L
Commercial recreational facilities when the principal use is not in a building L L ----
Community buildings, clubs, & activities of a quasi-public, social, fraternal, or recreational character L7 L7 -L --
Dude ranches, riding academies and stables, and dog kennels L L -L --
Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and convalescent homes L L -L --
Medical and dental offices and medical clinics L L -L --
Museums in which objects of historical, artistic, scientific or cultural importance are preserved and displayed L L ----
Publicly owned buildings and structures, except as provided in Division 82 L L ----
Publicly owned parks and playground L L ----
Recycling, Energy Production:
Recycling operations intended to sort or process material for reuse. Junkyards, defined in Section 88-4.206, are prohibited L L ----
Wind energy conversion systems, except when used only as an accessory to an allowable residential or agricultural use L8 L8 L L L L
Oil and gas drilling and production including the installation and use of only such equipment necessary and convenient for drilling and
extracting operations ---L L L
Williamson Act:
Those agricultural and compatible uses specifically agreed upon between the county and the landowner at the time of entering into the
agreement and designated in writing within the agreement A
Those uses described in Section 51201(e) of Government Code [Williamson Act]:
"Compatible use" is any use determined by the county or city administering the preserve pursuant to Section 51231, 51238, or 51238.1 or by
this act to be compatible with the agricultural, recreational, or open-space use of land within the preserve and subject to contract. "Compatible
use" includes agricultural use, recreational use or open-space use unless the board or council finds after notice and hearing that the use is not
compatible with the agricultural, recreational or open-space use to which the land is restricted by contract pursuant to this chapter.
L
Key:
- Not Allowed
A Allowed
L Requires Land Use Permit
Footnotes:
**Check consistency with General Plan Land Use Designation. All land use permits must be consistent with all findings in Section 26-2.2008, including consistency with the General Plan.
1 AC Land Use Designation: The maximum permitted residential density is 1 unit per forty acres.
2
3
4 A separate land use permit is required for one additional single-family dwelling on the parcel.
5
6
7
8 This use is allowed without a land use permit if used only as an accessory to an allowable residential or agricultural use.
Vessels and vessel trailers may be stored in a boat storage facility. Recreational vehicles may be stored in a boat storage facility as long as the number of recreational vehicles stored does not
exceed fifteen percent of the total number of storage spaces in the storage facility.
Such as golf, tennis or swimming clubs, or veterans' or fraternal organizations; these uses are prohibited if organized for monetary profit.
ADU allowed provided a land use permit has been obtained pursuant to Section 84-42.404 for the detached single-family dwelling on the parcel. Also refer to Williamson Act Contract, if any, for
allowances.
In no event shall any residential structure be permitted to be built or additional residential structure be erected on less than forty acres per unit for non-prime agricultural land, or less than ten
acres per unit of the agricultural land.
A-40 district: No building or other structure permitted in an A-40 district shall be erected or placed on a lot smaller than forty acres in area.
A-80 district: No building or other structure permitted in an A-40 district shall be erected or placed on a lot smaller than eighty acres in area.
152
Preliminary DRAFT COMPARISON CHART OF OTHER COUNTIES
County Alameda El Dorado Marin Napa Sacramento San Joaquin San Luis Obispo Solano
Minimum Parcel Size Every use in A District shall be
on a building site not less than
100 acres
PA - 10, 20, 40, 80, 160 (lot size
based on commondity type, soil
type, surrounding uses, and
other appropriate factors)
LA - 10, 20, 40, 80, 160 (lot size
based on commondity type, soil
type, surrounding uses, and
other appropriate factors)
AG - 40, 80, 160 (based on use
designation and other
appropriate factors
RL - 10, 20, 40, 80, 160 (lot sized
based on constraints of site,
surrounding use, and other
applicable factors)
A-2: 2 acres
A: 3 acres to 60 acres
C-APZ: 60 acres
AP - 40 acres
AW - 160 acres
AG-20: 20 acres
AG-40: 40 acres
AG-80: 80 acres
AG-160: 160 acres
AG-20: 20 acres
AG-40: 40 acres
AG-80: 80 acres
AG-160: 160 acres
AL-5: 5 acres
AL-10: 10 acres
AU-20: 20 acres
AU-40: 40 acres
AU-80: 80 acres
AU-160: 160 acres
ARM: 20 acres
ARM-40: 40 acres
ARM-80: 80 acres
ARM-160: 160 acres
Existing AG Land Use
- irrigated row crops: 40 acres
- irrigated pasture: 40 acres (80
acres if ag capability w/ Ag
Preserve Rules and Ag and OS
Element)
Undeveloped Ag Land
Class I or II - 20 acres (irrigated)
Class III or IV - 40 acres irrigated
(80 acres if ag capability w/Ag
Preserve Rules and Ag and OS
Element)
VI, VII, VII - 320 acres (irrigated
and non-irrigated)
Rural Lands: 20 - 320 acres (20,
40, 80, 160, 320) depending on
site features
Rural Residential: 5 - 20 acres (5,
10, 20) depending on site
features
A-20, A-40, A-60, A-80 - Not
specified
AL-80: 80 acres
AL-160: 160 acres
A-SV w/ water and sewer: 20
acres, w/water or sewer: 20
acres, w/o water or sewer: 20
acres
ATC w/water and sewer: 2,000
sq. ft., w/ water or sewer: 2.5
acres, w/o water or sewer: 5
acres
Winery Permitted;
winery or olive mill related uses
w/use permit
Permitted; permitted w/use
permit
small winery permitted;
permitted w/use permit
large wineries/breweries w/ use
permit;
small wineries/specialty craft
beweries permitted
large and medium w/use permit;
boutqiue and small w/site
approval
Permitted w/use permit;small winery: permitted;
medium winery: w/
administrative permit; large:
w/use permit
Food Service/
Farm-to-table
Farm to table, which is also known as 'farm to food' and
'farm to school', is a local movement that encourages
the behavior of providing food from local farms to
nearby organizations.
Snack foods during wine tasting
allowed; dining facilities w/ use
permit; tasting facilities include
catered food, food prepared on
premises, and winemaker
dinners (not considered part of
dining facility)
Commercial kitchen > 20 acre
parcels
Commercial kitchen w/use
permit
Food and wine pairing allowed
No menu options, no meal
service such that the winery
functions as a café or restaurant
Commercial kitchen allowed for
events and shall not be used as
a restaurant
Commercial kitchen w/ use
permit
Farm Dinners Dining facilities w/ use permit
Farm stay
A form of agricultural tourism where a farmer or rancher
hosts guests or tourists at his/her working farm or ranch
to familiarize the visitors with the daily activities
associated with farming or ranching.
Permitted Permitted Permitted
Bed and Breakfast Permitted (South Livermore
Valley Area Plan, limeted to
existing homes)
Permitted w/use permit Permitted (3 or less guest
rooms); w/use permit for (4-5
guest rooms)
Permitted w/use permit Permitted with site approval Permitted as incidental use to
visitor-serving facility; permitted
w/use permit
Permitted; permitted w/use
permit
Farm Tours Permitted, limited to daylight
hours (Ranch Marketing
Activities and Accessory Uses)
Winery tours w/use permit permitted in AG districts Winery tours w/ Minor Use
Permit
Agricultural
education/demonstration farms
permitted
Uses Permitted and Uses Requiring a Land Use Permit
153
Preliminary DRAFT COMPARISON CHART OF OTHER COUNTIES
County Sonoma Yolo
Minimum Parcel Size AS - w/public sewer & public water:
8, 000 sq. ft.
public water only: 1 acre
none: 1.5 acres
AR - 1.5 acres, 1 acre w/public water
DA - 10 acres
LEA - 1.5 acres
LIA - 20 acres
RRD - 20 acres
AN: 40 acres -160 (depending of if
irrigated and cultivated)
AX: 160 acres for dryland farming,
320 acres for rangeland
AC- 1 acre
AI - 5 acre
Winery tasting room w/ use permit Site plan review; w/ use permit
Food Service/
Farm-to-table
Farm to table, which is also known as 'farm to food' and
'farm to school', is a local movement that encourages
the behavior of providing food from local farms to
nearby organizations.
Restaurant allowed in Agricultural
Commercial Zone
Farm Dinners Allowed, site plan review
Farm stay
A form of agricultural tourism where a farmer or rancher
hosts guests or tourists at his/her working farm or ranch
to familiarize the visitors with the daily activities
associated with farming or ranching.
Permitted w/ zoning permit
Allowed, site plan review
Bed and Breakfast
Permitted w/ zoning permit; w/us
permit (not more than 5 guest
rooms)
small: site plan review;
large: use permit
Farm Tours site plan review
Uses Permitted and Uses Requiring a Land Use Permit
154
Initial Draft 11-14-18 County Agricultural Ombudsman Comparison Chart
1
Counties
What agency or organization
administers the Ag
Ombudsman position?
What is the role of the Ag Ombudsman?
Percentage of time in
role as an Ag
Ombudsman?
Funding
Typical Tasks
Marin University of California
Cooperative Extension (UCCE)
-Neutral, non-enforcement person with whom farmers
and ranchers can freely discuss their ideas and plans;
-Consultation work with individual farmers and ranchers
to help them through the permitting process;
-Serves as a liaison between farmers/ranchers and the
agencies that regulate their operations.
Time is divided
between Ombudsman
work and outreach
aimed at sustainability
of local agriculture
County General
Funds and State Ag
Commissioner’s
Office
-Provides useful information online such as
guides, factsheets, and links to common
permit applications;
-Makes the permit process approachable and
accessible, and explores options and
alternatives with farmers and ranchers
planning an expansion or a new activity on
their farm or ranch.
San Mateo San Mateo Resource
Conservation District (RCD)
-Provides important consultative and advisory services
to the County and its agricultural community;
-Assists local producers with County’s permitting
process;
-Helps County staff understand agriculture in San Mateo
County;
-Identifies opportunities to streamline the County’s
permitting process;
-Works directly with ag producers who are
contemplating or initiating ag developments or projects
that may necessitate the County permit process;
-The Agbudsman role is focused on the permitting
process only, not broader agricultural issues.
County of San Mateo
BOS allocated funds
-Works with the County to produce handouts
for ag producers detailing a simple step-by-
step process for permitting;
-Participates in community meetings related
to the permit streamlining project;
-Attends Agricultural Advisory Committee
meetings;
-Attends other organizations’ meetings to the
extent needed to build relationships and share
or elicit information;
-Collaborates with County departments to
develop and maintain searchable, sortable,
map-able list of San Mateo County ag
producers;
-Tracks all activities, provides quarterly activity
reports, provides an in-depth annual report,
and participates in an evaluation of the
program at the end of each year.
155
Initial Draft 11-14-18 County Agricultural Ombudsman Comparison Chart
2
Counties
What agency or organization
administers the Ag
Ombudsman position?
What is the role of the Ag Ombudsman?
Percentage of time in
role as an Ag
Ombudsman?
Funding
Typical Tasks
Solano Solano Small Business
Development Center (Solano
SBDC), hosted by Humboldt
State University
-Liaison between Solano Agricultural business and the
government;
-Helps develop value-added agricultural projects in the
County;
-Advisor to local farmers and ranchers;
-Connects the agricultural community with the right
government agencies to navigate the permitting and
regulatory process;
-Encourages economic viability of farms.
County of Solano,
SBDC/Small Business
Administration
-Walks farmers through the process of
participating in farmer’s markets;
-Provides free technical assistance and
trainings to farming community;
-Provides consulting or training services to
farmers, ranchers and agriculture-related
businesses located in Solano County to help
navigate the various permitting processes.
Sonoma University of California
Cooperative Extension (UCCE)
-Help local ag operations (mostly small ones) navigate
the permitting process;
-Facilitate meetings between the various county, state,
and federal agencies;
-Refer general farming/ranching questions to farm
advisors;
-Educates ag operations about the regulations and also
works with regulators to educate them about farming;
-Works on large projects such as guidelines for
prescribed burns and a project to evaluate ecosystems
services to create payments for them as a way to
support rural agricultural operations;
-Is on the county planning department’s Directors
Advisory Group and Santa Rosa Junior College’s
Sustainable Ag Department Advisory Committee.
Full-time position – 35
hours a week
County Funds –
housed at UCCE; five
positions funded by
the county
-Works with the UC on workshops;
-Updates website with fact sheets;
-Works on website for UCCE office, specifically
the Disaster Resources pages;
-Posts blogs for their office on a variety of
topics;
-Schedules most of the social media posts,
including information on their website,
upcoming workshops, resources from UC ANR,
etc.;
-Works on countywide efforts, for example
project with Economic Development Board to
create an Ag Business Council to support ag
operations in the county by building on small
scale technological innovations.
156
Initial Draft 11-14-18 County Agricultural Ombudsman Comparison Chart
3
Counties
What agency or organization
administers the Ag
Ombudsman position?
What is the role of the Ag Ombudsman?
Percentage of time in
role as an Ag
Ombudsman?
Funding
Typical Tasks
Yolo Ag Commissioner’s Office -Assist with the permitting process;
-Bring in new ag businesses;
-Promote Yolo County as a good place to locate an ag
business.
Position is no longer
funded
-Assist with the permitting process;
-Work on ag related business opportunities
with the City of Woodland;
Santa Clara UCCE or SBDC -Provides economic development assistance to the
farming and agricultural community;
-Assists members of the farming and ranching
community with permitting and regulatory compliance;
-Provides business assistance to new farmers seeking to
establish or grow a farming operation;
-Provide information to farmers on other available
financial incentive programs
Full-time position
(under consideration
with recommendation
to Board to create
Farm Ombudsman
program)
Santa Clara County -Provides information about regulations and
permitting applicable to farm businesses;
-Assists and consults during the permitting
process;
-Provides information to regulatory and
permitting agencies regarding unique needs of
the farming community and advises on
regulatory changes;
-Prepares fact sheets and handouts that
explain regulations and permitting
requirements for farmers;
-Provides feedback to farmers and ranchers
who have questions regarding regulatory
compliance for new and expanding farming
operations;
-Hosts workshops for farmers incorporating
speakers, handouts, and information
regarding different permitting requirements
157
BOS Recommendations 2-4-20
Page 9 of 33
IV. Recommendations
Proposed New Agricultural Uses and New Agricultural Land Use Policy Initiatives
A. LODGING
Enabling farmers and ranchers to provide guest accommodations at a scale and in a manner that is
consistent with and enhances the rural setting, as set forth more fully in the mechanisms described
below, will capitalize on the beauty and agricultural/natural resources of the setting, reinforce local
support for maintaining those assets, increase transient occupancy tax revenues and add a new
dimension to the agricultural tourism opportunities afforded in the County.
1. Short-term rental within existing residential building for 90 days or less.
Summary: This proposed use would
allow short-term rentals by one party at
a time within an existing residential
building for less than 90 cumulative days
per year on any agriculturally-zoned
land.
Zoning permit required: Ministerial
short-term rental permit. Neighbors are
notified, but no public hearing required.
Potential key conditions: Maximum party size is two per bedroom plus two. Owner/manager
not required to be present. Permit would be subject to various standards and performance
measures and non-compliance could lead to suspension and revocation of the permit and
potential imposition of other code enforcement tools (e.g. fines). Conditions should reflect
constraints of rural communities and prevent strain on roads and law enforcement from
inappropriate parties and similar incompatible uses.
Notes: Proposed to be consistent with Draft Regulatory Framework for Short-term Rentals
considered by the Board on 9-25-18 for rentals in residential areas.
Building Code Notes
Health Code Notes
Public Works Notes
This recommendation
pertains to existing
residential buildings
(not agricultural
buildings, such as
barns). With no
construction and no
change in use, no
If a residence changes its
use, a review of the
method of sewage
disposal will be required
from Environmental
Health (EH)
Analysis of applicable
fees and requirements is
pending.
158
BOS Recommendations 2-4-20
Page 10 of 33
building permits are
anticipated.
Small Water System
permit from EH may be
required
If there are 25 or more
visitors in a 60-day
period, approval from
California Water
Resources Control Board
may be required, prior to
EH issuing permit.
2. Farm Stay (farm experience, lodging and meals for up to five parties at a time in an
existing residential building, for up to 90 cumulative days per year).
Summary: This proposed use is intended to allow guests to have an authentic farm
experience that includes accommodation, meals and observing and/or participating in
farming activities for up to five parties at time. Must be in an existing residential building.
Facility may be occupied by guests not more than 90 days per year.
Zoning permit required: Ministerial short-term farm-stay permit. Neighbors are notified,
but no public hearing required.
Potential key conditions: Maximum occupancy is 2 persons per bedroom, not including
owner-occupied rooms. Maximum number of parties at a time is five, maximum number of
guest rooms is five and total maximum number of guests is 10. Food may only be served
to staying guests and the cost of the food must be included in the price of the
accommodation. Lodging and meals are incidental and not the primary function of the
agricultural homestay facility. A minimum parcel size is recommended (perhaps ten acres),
as is verifiable, active farming of five acres of land (or 25 acres of active ranching) for every
guest room (e.g. use of two guest rooms would require 10 acres of verifiable active
farming or 50 acres of active ranching). Owner would be required to live on site. Permit
would be subject to various standards and performance measures and non-compliance
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Page 11 of 33
could lead to suspension and revocation of the permit and potential imposition of other
code enforcement tools (e.g. fines).
Notes: Proposed to meet or be exceed standards for an agricultural homestay facility in
Section 113893(a)(2) of the Health and Safety Code.
Building Code Notes
Health Code Notes
Public Works Notes
This recommendation
pertains to existing
residential buildings (not
agricultural buildings,
such as barns). With
owner occupancy
required and
accommodation limited
to 10, use of an existing
residential building
would not amount to a
change in use under the
Building Code (remains
R-3) and ADU
requirements applicable
to uses such as hotels
and motels would not
apply.
If no construction were
to occur, no building
permits would be
required.
If a residence changes its
use, a review of the
method of sewage
disposal will be required
from Environmental
Health (EH).
A small water system
permit from EH may be
required.
If there are 25 or more
visitors in a 60-day
period, approval from
California Water
Resources Control Board
may be required, prior to
EH issuing permit.
A health permit from EH
may be required for Bed
and Breakfast and
Agricultural Homestays
(not a restaurant).
Health & Safety Code
requirements will apply
when food and
beverages are served to
guests.
Analysis of applicable
fees and requirements is
pending.
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3. Bed and Breakfast (short-term stays in an existing, new or modified building)
Summary: This proposed use is
intended to allow an option for a
dedicated, short term agricultural
lodging facility that reflects and
enhances agricultural character of the
site and its surroundings. No limit is
proposed on the number of days per
year it could be occupied by guests,
but stays of individual guests would
be limited to 30 days.
Zoning permit required: Land use permit (discretionary; public hearing required).
Potential key conditions: Maximum guest rooms is five, not including any owner-
occupied rooms. Maximum number of parties at a time is five, and total maximum
number of guests is 10. No kitchens or kitchenettes in guest rooms. Food may only be
served to overnight guests. A minimum parcel size is recommended (see discussion
below). Also recommended is verifiable, active farming. Owner or manager would be
required to be present. There should be a one-quarter mile separation between bed and
breakfast establishments. Permit would be subject to various standards and performance
measures and non-compliance could lead to suspension and revocation of the permit and
potential imposition of other code enforcement tools (e.g. fines).
Bed and Breakfasts are proposed to be limited to areas served by a retail water supplier in
order to provide assurances that water supply is secure and water use won’t harm
neighbors or environment. A retail water supplier means a public agency, city, county, or
investor-owned water utility regulated by the state Public Utilities Commission, that
provides retail water service. A retail water supplier does not include a mutual water
company. Retail water supply need not necessarily be used for potable water on-site.
Some participants expressed concern with this limitation, preferring broader application
of this new use.
Minimum parcel size and mitigation: The group discussed minimum parcel size but
couldn’t reach consensus on this topic. Minimums discussed ranged from 10 to 40 acres.
Factors considered included impacts to neighbors, maintaining farm integrity, stress on
ground water and septic from increased use, right to farm and pesticide drift as well as
the existing number of relatively small agricultural parcels. The group also discussed the
need to have an exception process to allow smaller parcels to qualify for the use. Below
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please find a table summarizing some tools that could be used to enable smaller parcels
to qualify.
Tools to Supplement Minimum Parcel Size
(Intended as a menu of options that could be
used in combination. Some are mutually
exclusive.)
Example
Requirement for a
Smaller Parcel
(< min parcel size)
Example
Requirement for a
Larger Parcel
(≥ min parcel size)
Restrictions on footprint of new use, incl.
parking
5% of lot area 5% of lot area
Portion of property required to be kept free of
structures and in farming
90% of lot area 70% of lot area
Siting requirements and buffers / setbacks of
new use to neighboring properties
Minimize impacts to
farmland while also
setting back 100
feet from property
line (hedges could
reduce via findings)
Minimize impacts
to farmland while
also setting back
100 feet from
property line
(hedges could
reduce via
findings)
Farming assurances: Grant deed of
development rights to ensure farming on
subject property and possibly adjacent
properties
90% of subject
property and
enough acres on
adjacent such that
the total restricted
area is at least half
the min parcel size
None
Mitigation (with fees or in-kind) Mitigation at 1:1
ratio required only
for exceedance of
footprint maximums
or deficit in meeting
minimum farming
acreage.
Mitigation at 1:1
ratio required only
for exceedance of
footprint
maximum or
deficit in meeting
minimum farming
acreage
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Building Code Notes
Health Code Notes
Public Works Notes
Bed and breakfast
considered as R-1
(hotel/motel) occupancy.
Building code requires
Americans with Disabilities
Act (ADA), even if an
existing building is being
repurposed.
If the B&B building is also
the primary residence for
the owner, the B&B may
still qualify as an R-3 use
and the ADA provisions
applicable to R-1 may not
apply (since guest rooms
and occupancy are limited
to 5 and 10, respectively).
If a residence changes it use,
a review of the method of
sewage disposal will be
required from Environmental
Health (EH).
A Small Water System
permit from EH may be
required.
If there are 25 or more
visitors in a 60-day period,
approval from California
Water Resources Control
Board may be required, prior
to EH issuing permit.
A health permit from EH
may be required for Bed and
Breakfast or Agricultural
Homestays. This type of
facility is not considered a
restaurant.
Outdoor events where the
general public are sold or
given food food/beverages,
an EH Temporary Food
Facility permit will be
required.
Health & Safety Code
requirements will apply
when food and beverages
are served to guests or the
general public.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance with
stormwater regulations,
which requires new
development projects
incorporate features that
control stormwater runoff to
reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
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4. Camping / Yurts / Little Houses on Wheels
Summary: This is an alternative form of short term accommodation that is intended to
offer guests a different, more outdoors experience while minimizing permanent land
disturbance. This proposal is for structures that are owned by the property owner or
lessee of the land and not brought to the property by guests (self-service camping is not
proposed to be allowed except for limited special events associated with other uses).
Zoning permit required: Land use permit (discretionary; public hearing required).
Potential key conditions: Maximum number of guest units is five. Maximum number of
parties at a time is five, and total maximum number of guests is 10. No kitchens or
kitchenettes in guest units. Food may only be served to overnight guests. A minimum
parcel size is recommended (see discussion below). Owner or manager would be required
to be present. Farm experience requirements of Farmstay (recommendation 2) also
recommended. Permit would be subject to various standards and performance measures
and non-compliance could lead to suspension and revocation of the permit and potential
imposition of other code enforcement tools (e.g. fines).
Minimum parcel size: There should be a minimum. No consensus has been reached on
what that should be. See discussion under recommendation 3 regarding ideas for
alternative methods for qualifying smaller parcels for exceptions to minimum parcel size.
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Building Code Notes
Health Code Notes
Public Works Notes
Yurts are subject to building
code and when offered for
short terms stays will be
considered as R2 (multi-
family) occupancy. Building
code requires Americans with
Disabilities Act (ADA).
Very challenging to design a
yurt that can accommodate
electricity and plumbing and
comply with Building Code
(cooking facilities almost
certainly not possible).
Little house on wheels would
need a permit from the
California Department of
Motor Vehicles and would
need be maintained in a state
where it is movable (in which
case the Building Code would
not apply to vehicle). Building
Code would apply to external
features. ADA compliance
needs more analysis.
Separate standards apply for
organized camps.
If a residence changes its
use, a review of the method
of sewage disposal will be
required from Environmental
Health (EH).
A Small Water System
permit from EH may be
required.
If there are 25 or more
visitors in a 60-day period,
approval from California
Water Resources Control
Board may be required, prior
to EH issuing permit.
An Organized Camp health
permit from EH will be
required, if children under
18 are camping overnight
for 4 of more consecutive
nights. A health permit from
EH may be required for Bed
and Breakfast or Agricultural
Homestays. This type of
facility is not considered a
restaurant. Outdoor events
where the general public are
sold or given
food/beverages, an EH
Temporary Food Facility
permit may be required.
A health permit from
Environmental Health will be
required for Bed and
Breakfast or Agricultural
Homestays. This type of
facility is not considered a
restaurant.
Outdoor events where the
general public are sold or
given food/beverages, an EH
Temporary Food Facility
permit will be required.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance with
stormwater regulations,
which requires new
development projects
incorporate features that
control stormwater runoff to
reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
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B. FOOD SERVICE
Enabling farmers to showcase farm products grown on-site or within the County and to offer a farm
experience (i.e., culinary education), while maintaining the agricultural landscape provides an
additional source of farm revenue and highlights the value of agriculture in the County.
5. Farm Dinners
Summary: This proposal would enable farmers to host up to twelve dinners at their farm
per year for paying guests. Dinners could be located within an existing building that
meets building code and fire standards appropriate for the proposed number of guests.
Dinners could also be outdoors, on the farm or on a patio or deck. No new buildings
allowed for this use; repurposing existing buildings in compliance with all applicable
codes is possible. Farm dinners provide a farm experience by educating guests about the
farm and the ingredients used from the farm.
Zoning permit required: Ministerial farm dinner permit. No public hearings.
Potential key conditions: Maximum number of dinners per year is 12, with one large
event permitted per year. Maximum number of guests per dinner is 30, except for the
one large annual event that would have a limit of 150 guests. Permit would be subject to
Health & Safety Code
requirements will apply
when food and beverages
are served to guests or the
general public.
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various standards and performance measures (e.g. time of day, duration, parking, etc.,)
and non-compliance could lead to suspension and revocation of the permit and
potential imposition of other code enforcement tools (e.g. fines).
Building Code Notes
Health (EH) Code Notes
Public Works Notes
Applicable use category is B
occupancy (Business). ADA
compliance is required,
even if dinner is outside.
Any retrofitted buildings
would need to meet the
standards of B occupancy.
If a residence changes its
use, a review of the method
of sewage disposal will be
required from Environmental
Health (EH).
A Small Water System
permit from EH may be
required.
If there are 25 or more
visitors in a 60-day period,
approval from California
Water Resources Control
Board may be required, prior
to EH issuing permit.
A health permit from
Environmental Health may
be required for a Temporary
Food Facility. Approval from
EH will only be permitted for
outdoor events, where the
food is prepared within an
approved enclosed booth
and involves agricultural
educational components.
For Culinary Experiences,
where food is prepared and
consumed by the guest and
not sold or shared, a health
permit from EH may not be
required.
Analysis of applicable fees
and requirements is
pending.
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6. Farm-to-Table Restaurant
Summary: A farm-to-table restaurant is a full service restaurant located on a working
farm. The ingredients are sourced as locally as possible (grown on-farm whenever
possible) and are served fresh from the farm to the table. The farm-to-table concept
encourages eating as locally as possible, taking advantage of seasonally available fruits
and vegetables and increasing awareness and appreciation of where our food comes
from and what goes into growing it.
Zoning permit required:
Land use permit (discretionary;
public hearing required).
Potential key conditions:
Maximum dining area size is
proposed to be 1500 square
feet or a maximum capacity of
35 guests. A minimum parcel
size is recommended (see
discussion below). Also
recommended is verifiable,
active farming of one acre of
land for every guest (e.g. hosting 35 guests at a time would require 35 acres of verifiable
active farming, on-site whenever possible). A farm-to-table restaurant would need to
maximize use of ingredients grown on farm and in Contra Costa County. Suggested
minimum standards are 50% of fruit and vegetables grown-on farm, 75% grown in-
County. There should be one mile separation between farms-to-table restaurants.
Alternatively or in addition, the County may also wish to explore establishing a cap on
the number of such restaurants that may be established (e.g. explore the feasibility of
limiting the number of these businesses that can be established to a relatively small
number, such as four). Permit would be subject to various standards and performance
measures and non-compliance could lead to suspension and revocation of the permit
and potential imposition of other code enforcement tools (e.g. fines).
Farm-to-table restaurants are proposed to be limited to areas served by a retail water
supplier in order to provide assurances that water supply is secure and water use won’t
harm neighbors or environment. A retail water supplier means a public agency, city,
county, or investor-owned water utility regulated by the state Public Utilities
Commission, that provides retail water service. A retail water supplier does not include a
mutual water company. Retail water supply need not necessarily be used for potable
water on-site. Some participants expressed concern with this limitation, preferring
broader application of this new use.
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Minimum parcel size and mitigation: The group discussed minimum parcel size but
couldn’t reach consensus on this topic. Minimums discussed ranged from 10 to 40 acres.
Factors considered included impacts to neighbors, maintaining farm integrity, stress on
ground water and septic from increased use, right to farm and pesticide drift as well as
the existing number of relatively small agricultural parcels. The group also discussed the
need to have an exception process to allow smaller parcels to qualify for the use. Below
please find a table summarizing some tools that could be used to enable smaller parcels
to qualify.
Tools to Supplement Minimum Parcel Size
(Intended as a menu of options that could
be used in combination. Some are mutually
exclusive.)
Example
Requirement for a
Smaller Parcel
(< min parcel size)
Example
Requirement for a
Larger Parcel
(≥ min parcel size)
Portion of property required to be kept free
of structures and in farming
90% of lot area 70% of lot area
Siting requirements and buffers / setbacks of
new use to neighboring properties
Minimize impacts
to farmland while
also setting back
100 feet from
neighbor (hedges
could reduce via
findings)
Minimize impacts
to farmland while
also setting back
100 feet from
neighbor (hedges
could reduce via
findings)
Farming assurances: Grant deed of
development rights to ensure farming on
subject property and possibly adjacent
properties
OR (see next row)
90% of subject
property and
enough acres on
adjacent such that
the total restricted
area is at least half
the min parcel size
None
Alternative form of assurance, if host
property is not large (less than 40 acres):
lease land in County to farm and/or long-
term purchase agreement for farm products
grown on a farm in the County
Required
Not required
Mitigation (with fees or in-kind) Mitigation at 1:1
ratio required only
for exceedance of
footprint
maximums or
deficit in meeting
minimum farming
acreage or deficit in
meeting farming
assurances
Mitigation at 1:1
ratio required
only for
exceedance of
footprint
maximums or
deficit in meeting
minimum farming
acreage
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7. Winery and Olive Oil Mill Ordinance Update
Summary: Currently, a
winery is permitted with
the approval of a land
use permit on
properties of 5 acres or
more in all Agricultural
Zoning Districts. The
County should update
the current guidelines
to better facilitate and
reflect new market
conditions. The current
Winery and Olive Oil
Mill Guidelines should
be incorporated into the Zoning Ordinance. The County should explore the options to
allow certain winery functions with an administrative permit (less involved than a land use
permit), such as small facilities without tasting rooms. Hosting larger special events would
be allowed, but is proposed to be limited to larger parcels, as further discussed in Item #8
below. The zoning code requirements for wineries should otherwise remain unchanged
and wineries should continue to be encouraged.
Building Code Notes
Health Code Notes
Public Works Notes
B occupancy (Business),
ADA compliance is
required, even if dinner is
outside
Well, septic, and restaurant
plan review may be
required.
Outdoor events where the
general public are sold or
given food/beverages, an
EH Temporary Food Facility
permit may be required.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance
with stormwater
regulations, which requires
new development projects
incorporate features that
control stormwater runoff
to reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
May require a traffic study.
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Zoning permit required: In most instances, a land use permit (discretionary; public
hearing required).
8. Hosting Larger Events at Wineries, Bed and Breakfasts, and Farm-to-Table
Restaurants
Summary: Currently, event
centers can be permitted
as a subordinate use to a
winery, which can be
permitted as a subordinate
use to farming (grape
growing). In the past,
event center use has
become the dominant use
(often used for weddings)
and some concerns have
been expressed about
noise and impacts to
agriculture. Large events do depend on the beauty and vibrancy of the setting and can be
a complement to efforts to improve the vitality and sustainability of agricultural lands. The
recommendation is to require such use to be appurtenant to significant agricultural
production and agricultural visitor facilities, namely wineries, bed and breakfast, and farm-
Building Code Notes
Health Code Notes
Public Works Notes
Pending A winery or brewery may
submit plans to
Environmental Health (EH)
to be permitted as a Host
Facility. A Host Facility
allows permitted caterers
to serve from the winery.
Outdoor events where the
general public are sold or
given food/beverages, an
EH Temporary Food Facility
permit is required.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance
with stormwater
regulations, which requires
new development projects
incorporate features that
control stormwater runoff
to reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
May require a traffic study.
May require a traffic study.
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Page 23 of 33
to-table restaurants (i.e., no longer limit larger event use to only wineries). A once a year
special event would be allowed as an associated use for farm dinners. Standalone event
centers are not currently allowed and are not recommended.
Zoning permit required for larger event uses: Use may be approved through the land
use permit granted for appurtenant agricultural use (e.g., winery). (discretionary; public
hearing required).
Potential key conditions, minimum parcel size and mitigation: Moving forward,
proposed uses with appurtenant large events are proposed to be required to have a large
minimum parcel size moving forward (e.g., 40 acres) as well as reasonable conditions on
hours, noise levels, etc., to assure the primary use of the property is for agriculture and to
provide a buffer for noise impacts on adjacent neighbors. Large events can be defined as
having more than 300 people present, including staff and host. There should be a one-mile
separation between larger event center establishments.
Larger event uses are proposed to be limited to areas served by a retail water supplier in
order to provide assurances that water supply is secure and water use won’t harm
neighbors or environment. A retail water supplier means a public agency, city, county, or
investor-owned water utility regulated by the state Public Utilities Commission, that
provides retail water service. A retail water supplier does not include a mutual water
company. Retail water supply need not necessarily be used for potable water on-site. Some
participants expressed concern with this limitation, preferring broader application of this
new use.
Below please find a table summarizing some tools that could be used to enable smaller
parcels to qualify.
Tools to Supplement Minimum Parcel Size
(Intended as a menu of options that could be
used in combination. Some are mutually
exclusive.)
Example
Requirement for a
Smaller Parcel
(< min parcel size)
Example
Requirement for a
Larger Parcel
(≥ min parcel size)
Restrictions on footprint of new use, incl.
parking
5% of lot area 5% of lot area
Portion of property required to be kept free of
structures and in farming
90% of lot area 70% of lot area
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Siting requirements and buffers / setbacks of
new use to neighboring properties
Minimize impacts to
farmland while also
setting back 100
feet from property
line (hedges could
reduce via findings)
Minimize impacts
to farmland while
also setting back
100 feet from
property line
(hedges could
reduce via
findings)
Farming assurances: Grant deed of
development rights to ensure farming on
subject property and possibly adjacent
properties
90% of subject
property and
enough acres on
adjacent such that
the total restricted
area is at least half
the min parcel size
None
Mitigation (with fees or in-kind) Mitigation at 1:1
ratio required only
for exceedance of
footprint maximums
or deficit in meeting
minimum farming
acreage.
Mitigation at 1:1
ratio required only
for exceedance of
footprint
maximum or
deficit in meeting
minimum farming
acreage.
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C. POLICY / IMPLEMENTATION REFORMS
Sustaining and enhancing agricultural lands for production of a diverse array of crop and
agricultural products should be key goals for Contra Costa County. The following
recommendations are consistent with the goals and policies of the County’s Conservation
Element of the General Plan.
9. Mitigation requirements for conversion of agricultural land
While large-scale conversion of
agricultural lands to urban uses is not
anticipated to occur in the future—
certainly not at the scale that occurred
during preceding decades before the
establishment of (and near buildout to)
the County’s Urban Limit Line—some
impacts are likely to occur, including
impacts from minor subdivisions, rural
home construction and some of the
agricultural tourism activities described in
this report. However, agricultural uses including agricultural tourism activities that
comply with all standards without the need for an exception are proposed to be exempt
from mitigation requirements set by proposed new agricultural mitigation program.
Building Code Notes
Health Code Notes
Public Works Notes
Pending A winery or brewery may
submit plans to
Environmental Health (EH) to
be permitted as a Host
Facility. A Host Facility
allows permitted caterers to
serve from the winery.
For other uses, an event
center permit from EH would
be needed to allow caterers
to serve at the facility.
Area of Benefit (AOB) fee
may be required.
Pavement of first 50 feet of
driveway may be required.
May require compliance with
stormwater regulations,
which requires new
development projects
incorporate features that
control stormwater runoff to
reduce the quantity of
pollutants introduced into
the storm drain system and
our waterways and with
drainage requirements.
May require a traffic study.
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The County should consider establishing an agricultural mitigation program to protect
irrigated and intensively cultivated agricultural lands and offset impacts to such lands.
The County could also consider a mitigation effort for rangeland. The program could
take the form of an in-lieu fee (funding to establish such a mechanism would need to be
identified) or could be satisfied with in-kind conservation. Conserved lands would be
from willing sellers only and the conservation instrument could be an agricultural
conservation easement held by a land trust or some similar method. The primary
purpose of the easement would be to protect the agricultural value of the encumbered
land. Dedication of development rights is another option that would be easier to
administer, but would have less protections and assurances. 1:1 has been suggested as a
mitigation ratio typical for mitigation of irrigated and intensively cultivated lands.
10. New efforts to avoid/address rural blight
Agricultural lands in Contra Costa
County are inherently beautiful
and can provide a wonderful
setting for rural homes and
communities. However, blighted
conditions can occur and can
greatly harm the quality of life of
neighbors. Examples of blighted
conditions include but are not
limited to illegal dumping,
excessive storage of dumped soil
and equipment unrelated to
agriculture, operation of illegal
businesses (cannabis, light industrial, etc.) and excessively noisy unpermitted activities.
Blighted conditions are out of character or incompatible with the existing zoned
agricultural land uses and creates eyesores that prevent the quiet enjoyment of the
region by visitors and local producers. Most of these blighted conditions constitute a
code violation in one form or another. Code enforcement actions related to property
can be violations of either or both the Zoning Code and Building Code and must be
addressed by the County in accordance with procedures set forth in state law (including
a step-wise process to inform the property owner of the violation and afford an
opportunity to address the problem or appeal). Neighbors are often frustrated with the
pace of the process as well the challenges associated with recurring problems and the
limitations of a finite Code Enforcement staff covering a large area.
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The County is urged to continue prioritize rural code enforcement and to seek
mechanisms for improving its speed and efficacy. One measure recommended now is to
provide an additional regulatory tool—namely, making property nuisance code sections
more applicable to agricultural areas (illegal dumping is dealt with in the next
recommendation).
Below please find an excerpt from County Code specific to residential property
nuisances:
720-2.006 - Residential property nuisance.
No person owning, leasing, renting, occupying or having charge or possession of residential real
property shall maintain or allow the maintenance of the property in such a manner that any of the
following conditions exist on the property and are visible fr om a street, highway, or private road:
(a) Attractive nuisances dangerous to children, such as abandoned, broken or neglected equipment,
machinery, refrigerators or freezers, or unsafe pools, ponds or excavations;
(b) Shopping carts, household equipment or broken or discarded furniture for an unreasonable period
of time;
(c) Garbage or trash cans for more than thirty-six hours;
(d) Boats, trailers, vehicle parts or other articles of personal property that are abandoned or left in a
state of partial construction or repair for an unreasonable period of time;
(e) Construction and wood debris, including cuttings, for an unreasonable period of time;
(f) Weeds over eighteen inches in height.
The recommendation is to define nuisance standards specific to agricultural properties,
recognizing that articles like old tractors that are not suitable in urban areas are perfectly
suitable in agricultural areas. Participants recognize that rural properties need to be held
to a different, more permissive standard than urban properties, but also that the lack of
adherence to any standard does not adequately protect the rights of neighbors.
Proposed examples of nuisances include the following visible from a street, highway or
private road:
Accumulation of non-operable, broken or neglected equipment, machinery, or other
unsafe and dangerous articles not associated with agricultural uses;
Excessive storage for an unreasonable period of time of non-agricultural items such
as: shopping carts, home appliances, broken or discarded furniture boats, trailers,
vehicles, vehicle parts, or other articles of personal property that are abandoned or
left in a state of partial construction or repair except for incidental articles related to
agricultural related activities;
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Tracks constructed for racing and jumping of motorcycles or other off-road vehicles
and the operation of such vehicles for racing or jumping.
11. New efforts to address illegal
dumping
As discussed above, illegal dumping
has been a huge problem for a long
time and the consensus is that it is
getting worse. It is a particular
hardship on rural communities as
these areas are frequently targeted
by dumpers and clean-up can be
onerous.
The County has been considering a comprehensive strategy to address illegal dumping
and the proposed measures shared with the Board in October 2018 were also shared
with the people attending the agricultural policy review meetings. These strategies
include dedicated law enforcement to deter dumpers, stronger enforcement of the
County’s mandatory subscription rules (requirement for garbage service), improved
removal of illegally dumped material, easier opportunities to dispose of waste properly
and greater public education.
The Board approved the illegal dumping recommendations on June 11, 2019 and
funding has been secured to implement an initial phase. The County is recommended to
pursue effective implementation of these more aggressive strategies to reduce illegal
dumping.
12. Examine opportunities to reduce impacts of rural home development on
agriculture.
The County should consider initiating a process to examine and adjust the provisions for
development of homes on agricultural properties to protect agricultural vitality and
sustainability. The ability to have a home on their farm is essential to many farmers.
However, the development of homes on some agricultural parcels in the County have
partially or completely negated the availability of the parcel to be used for agriculture.
This can lead to rural residential neighborhoods instead of farming areas, leading to a
cumulative loss of farmland and residences that are not close to schools, stores, jobs,
etc., and increased exposure to wildfire.
The County should look at provisions to try to address this problem in the future, such as
minimum parcel size requirements and requirements to site a home and other structures
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on a property in such a way that availability of land remaining for agriculture is
maximized on properties 40 acres or less. The County should also consider a floor area
ratio for ranchette construction and should encourage restricting the storage of articles
or development within one area of the property, in addition to siting restrictions.
Below are some examples of agricultural properties and the impact of home siting on
agricultural use.
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13. New efforts to facilitate communication between the farming community and the
local regulatory agencies
During public meetings conducted as part of this process (as well as in various forums
that preceded this process), farmers and representatives of owners of agricultural land
expressed concern that government permitting processes can be difficult to access.
Many felt this could be due to the complexity of regulations, confusion about which
agency has authority over which regulation and the unique nature of permitting inquiries
made by such landowners (e.g. their inquiries are not frequent and may not be similar to
inquiries made by urban residents). One idea that has been discussed to try to address
this concern is seeking to identify or hire an agricultural ombudsperson.
The group learned a lot about what an agricultural ombudsperson does depending on
their County. The group heard directly from the people who perform this role in Yolo
and Sonoma Counties (Stephanie Cormier and Karen Giovannini). Ms. Cormier and Ms.
Giovannini attended the agricultural meetings as guest speakers, explained their work
and answered questions. Also, CC County Staff reviewed the role of an ombudsperson in
five counties and provided information to the group in the form of a comparison table.
Typical duties ranged from serving as an approachable point of contact to direct
applicants to the proper agency/department--to more directly assisting applicants as
they navigate permitting requirements-to trying to assist the agricultural economy more
generally through marketing and outreach to investors/the public--to assisting with
particularly complex regulations such as health requirements related to beef, pork or
poultry. A common approach was to locate the ombudsperson role in an organization
that was not charged with code enforcement and was therefore perceived as
approachable.
To delve deeper into the issue and try to frame an implementable recommendation, staff
from the following five agencies working in Contra Costa County met in December:
Contra Costa Resource Conservation District (RCD), University of California Cooperative
Extension (UCCE) – Contra Costa County and the County Departments of Agriculture,
Conservation and Development (DCD) and Health Services-- Division of Environmental
Health. The group discussed options and sought consensus on a recommended
approach. The following is a summary of the group’s preliminary recommendations:
Establish a point person for coordination in each agency. DCD’s point person would
be a point of contact for farmers dealing with DCD, would help farmers understand
processes at DCD and help DCD staff understand the particular needs of farmers (as
well as coordinate with other agencies). The RCD point person would be a more
general point of contact for farmers and would maintain a working knowledge of
processes at other agencies so that a farmer could be directed to the right place for
detailed questions and applications. Environmental Health, County Department of
Agriculture and UCCE would designate a point person to participate in coordination
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meetings with other agencies and with the public. Each agency anticipates it could
perform this function with existing budgeted resources.
Point people from each local agency meet periodically to improve communication
and foster understanding of permit processes across local agencies. Contra Costa
County Public Works was also recommended to participate and have agreed to do
so. The affected fire district(s) should also be invited to participate.
Local agencies convene an annual, public Agricultural Forum meeting to listen to and
communicate with the agricultural community. The intent is to build relationships
and foster better mutual understanding. This Forum could also be a sounding board
for policy initiatives, similar to the current meeting process. Staff felt an open, less-
structured Agricultural Forum process was preferable at this time to re-establishing
the appointed Agricultural Task Force, a County advisory committee that has not met
in many years.
Contra Costa AgForum portal web page to be created and hosted by RCD (DCD can
help). This portal page will link visitors to the proper website/agency to pursue their
question. It will also be the home for information on the Agricultural Forum
meetings.
UC Cooperative Extension has been recruiting for the UCCE Specialty Crops Advisor
position. When Advisors commence UCANR employment, they undertake a needs
assessment based on input from their farmer/crops-producer clientele. The Ag
Specialty Crops Advisor can research local needs on making local permitting
processes more streamlined. Such assessment will establish baseline information to
determine whether current processes serve County farmer’s needs well, should be
improved or if it would be beneficial to replace them with a more intensive approach
(assuming funds could be found to implement).
14. Improve permitting for agricultural uses
Farmers and representatives of owners of agricultural land expressed concerns with the
complexity, time and expense of securing various permits, and also with some of the
requirements imposed when developing their agricultural property. Many felt that farm
development should not have the same requirements as commercial and residential
developments. Some also mentioned that the permitting process should maximize focus
on meeting the objective of the regulations. The County Departments of Conservation
and Development, Agriculture, Health, and Public Works have indicated a willingness to
continue to engage with the agricultural community to pursue these goals to the reduce
the time and cost of processing the required permits. Collaboration as discussed in Item
#13 above will be important.
The agricultural lands in the County, including grazing lands such as those found in East
County, Tassajara, Central County, and the orchard and row crops located in the East
County area, are unique. As such, the County should consider having distinct policies for
the different agricultural regions informed by residents’ vision for the future.
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15. Consider a Noise Ordinance
During the agricultural land use policy meetings, a topic that has been brought up
several times was on noise generated from special events occurring on neighboring
properties. The County currently does not have a Noise Ordinance and has limited ability
to enforce complaints received on noise, though enforcement tools increase when a land
use entitlement is approved and conditions of approval regarding noise are imposed. A
Noise Ordinance should be considered to provide thresholds for noise generating
impacts. However, it should be recognized that even if a Noise Ordinance were adopted
significant enforcement hurdles would remain.
D. PROMOTION / MARKETING
16. Equestrian, bike trail connecting farms; Consider
Allowing Equestrian Facilities within the A-40 and
A-80 Zoning Districts with a Land Use Permit
The County should work with partners to explore and
plan for enhanced trail connections between
agricultural tourism sites, including existing U-Pick
operations.
Currently, the A-40 and A-80 Zoning Districts do not
allow equestrian facilities. Though such uses do not
capitalize on the exceptionally productive soils in the
A-40 Zoning District, they also do not destroy the soils.
Also, despite the prohibition, a number of equestrian
uses are present today. The County should consider
allowing new or existing equestrian uses through a land use permitting process
incorporating standards to protect neighbors, and agricultural uses generally, and
should consider requiring mitigation.
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17. Signage
The County should work with partners to explore, seek funding for and implement an
effort to provide more signage promoting agriculture in the County.
The County currently has a Sign Ordinance that provides standards for any proposed
signage. The County is currently working on amending the existing Sign Ordinance to
update the sign standards to allow way-finding signs in the right-of-way to direct people
to U-pick operations.
The working group recommends the sign standards also be amended to clarify that
lighted signs for lodging, food service, and winery uses may be compatible with
agricultural areas if conditioned appropriate with setting (e.g. wood signs lit from the
front; not neon, not lit from within).
18. Promoting Agriculture in Contra Costa County
The County should work with other agencies and non-profits to continue to promote
agricultural vitality in Contra Costa County. The County should continue to evaluate its
agricultural policies in the future and strive to expand the tools available to promoting a
thriving, sustainable agricultural economy. Planning grants from the State’s Sustainable
Agricultural Lands Conservation Program should be pursued.
182
**Three or more of the following uses may be established on a lot with issuance of a land use permit:
farm stand; farm stay; farm dinner; small winery without a tas�ng/on-site sales area and that will not host large events; or
small olive oil mill without a tas�ng/on-site sales area and that will not host large events.
Atachment C – Table of Agritourism Uses
Agritourism Use
Type of Permit
Minimum Lot
Area
Maximum Occupancy/
Sales/Floor Area/
Frequency of Activity
Food Sold
Other Noteworthy Requirements
Grower Stands, Farm Stands, Farm Markets
grower stand None None 1,500 sq. �. No Sale of farm products produced on-site or proximate to the site, including botled or canned
drinks
farm stand Ministerial** None 1,500 sq. ft. Yes, see
Sec�on 824-4.006
Sale of farm products produced on-site or proximate to the site.
Up to 40 percent of the total sales area used for the sale of value-added farm products
produced on-site or proximate to the site; farm products not produced on-site or proximate
to the site; and non-agricultural items.
No more than 10 percent of the total sales area of a farm stand may be used for the sale of
either or both of the following: non-agricultural items and farm products not produced on-
site or proximate to the site.
farm market Land Use Permit None 3,500 sq. �. Yes, see
Sec�on 824-4.006
Sale of farm products produced on-site or proximate to the site and value-added farm
products produced on-site or proximate to the site.
Up to 20 percent of the total sales area may be used for the sale of either or both of the
following: non-agricultural items and farm products not produced on-site or proximate to the
site.
Lodging
farm stay Ministerial**
Renewed annually
10 acres 5 bdrms max; 2 p/bdrm with a
max of 10 at any one �me; 90
days max to host in a calendar
year
Yes, served only to guests. Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties
Agricultural promotion and guest education
agricamping Land Use Permit 10 acres 5 max camping structures; 2
max/camping structure with a
max of 10 at any one �me
Yes, served only to guests. Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Agricultural promotion and guest education
bed and breakfast Land Use Permit 10 acres 5 bdrms max; 2 p/bdrm with a
max of 10 at any one �me
Yes, breakfast only served to
guests.
Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Agricultural promotion and guest education
At least 80% of parcel is engaged in agricultural activities and kept free of structures
shown on a farm plan.
Served by a retail water supplier.
Not located within ¼ mile of another bed and breakfast establishment.
Food Service
farm dinner Ministerial**
Renewed annually
None Up to 12 farm dinners/yr; 30
max guests, except one farm
dinner annually with a max of
150 guests located w/in exis�ng
structure, outdoors, pa�o or
deck.
Yes Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Agricultural promotion and guest education
Not authorize for a microenterprise home kitchen opera�on.
183
Page 2 of 3
**Three or more of the following uses may be established on a lot with issuance of a land use permit:
farm stand; farm stay; farm dinner; small winery without a tas�ng/on-site sales area and that will not host large events; or
small olive oil mill without a tas�ng/on-site sales area and that will not host large events.
farm-to-table restaurant Land Use Permit
10 acres 1,500 sq. �. max dining area,
35 guests max for dining area
Yes Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
At least 50% of fruits and vegetables served must be grown on-site; at least 75% of fruits
and vegetables served must be grown within CCC.
At least 80% of parcel is engaged in agricultural activities and kept free of structures
shown on a farm plan.
Served by a retail water supplier.
Not located within one mile of another farm-to-table establishment
Wineries
small winery w/o tasting/on-site
sales area and no hosting large
events
Ministerial** 5 acres 5,000 sq. �. cumula�ve max
floor area.
No At least 80% of parcel engaged in agricultural activities and kept free of structures
shown on a farm plan.
Produce 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC.
small winery w/tasting/
on-site sales area or host large
events
Land Use Permit 5 acres 5,000 sq. �. cumula�ve max
floor area; cumula�ve max
floor area of all tas�ng and on-
site sales is 30% of total floor
area of produc�on facili�es.
Yes, see
Sec�on 824-6.008
See requirements under SMALL WINERY W/O TASTING/ON-SITE SALES AND NO
HOSTING LARGE EVENTS and must be served by retail water supplier
large winery Land Use Permit 5 acres 5,000 sq. �. cumula�ve max
floor area; cumula�ve max
floor area of all tas�ng and on-
site sales is 30% of total floor
area of produc�on facili�es.
Yes, see
Section 824-6.008
At least 80% of parcel engaged in agricultural activities and kept free of structures
shown on a farm plan.
May produce more than 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC.
Served by retail water supplier.
Olive Oil Mills
small olive oil mill w/o
tas�ng/on -site sales area and no
hos�ng large events
Ministerial** 5 acres 5,000 sq. �. cumula�ve max
floor area.
No See requirements under SMALL WINERY W/O TASTING/ON-SITE SALES AND NO
HOSTING LARGE EVENTS
small olive oil mill w/tas�ng/ on-
site sales area or host large
events
Land Use Permit
5 acres 5,000 sq. �. cumula�ve max
floor area; cumula�ve max
floor area of all tas�ng and on-
site sales is 30% of total floor
area of produc�on facili�es.
Yes, see
Section 824-6.008
See requirements under SMALL WINERY W/O TASTING/ON-SITE SALES AND NO
HOSTING LARGE EVENTS and must be served by retail water supplier
large olive oil mill Land Use Permit 5 acres 5,000 sq. �. cumula�ve max
floor area; cumula�ve max
floor area of all tas�ng and on-
site sales is 30% of total floor
area of produc�on facili�es.
Yes, see
Section 824-6.008
At least 80% of parcel engaged in agricultural activities and kept free of structures
shown on a farm plan.
May produce more than 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC.
Served by retail water supplier.
184
Page 3 of 3
**Three or more of the following uses may be established on a lot with issuance of a land use permit:
farm stand; farm stay; farm dinner; small winery without a tas�ng/on-site sales area and that will not host large events; or
small olive oil mill without a tas�ng/on-site sales area and that will not host large events.
Large Events
The following agritourism use
may host large events
Winery
Olive Oil Mill
Bed and breakfast
Farm-to-table restaurant
Land Use Permit Parcel less than 40 acres, six
max events/calendar year
Parcel 40 acres or more, 12 max
events/calendar year
No more than one large
event/calendar month
Max # of people to minimize
impacts on traffic, parking, and
neighbors.
Parcel less than 40 acres, 75
max people
Not located within one mile of another agritourism use allowed to host large events.
Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
185
AGRITOURISM ORDINANCE
C OUNTY P LANNING C OMMISSION
F EBRUARY 22, 2023
186
Background
December 20, 2016: The Board of Supervisors authorized the Department of Conservation and Development (DCD), to identify specific actions the County could take to further promote and incentivize agricultural sustainability and economic vitality.
February 13, 2018: The Board authorized DCD to convene a series of open, public meetings with persons and groups interested in the policy reform topic.
2018-2019: Public meetings held in Martinez, Danville, Knightsen
20 -70 participants per meeting
Farm and ranching community, rural residents, agricultural commercial ventures, and conservation organizations
County's Departments of Agriculture, Health Services (Environmental Health Division), and Public Works
University of California Cooperative Extension (UCCE) and Contra Costa Resource Conservation District (RCD)
Proposals to improve agricultural land use policy were assembled into a list of recommendations
February 4, 2020: The Board accepted the Recommendations on Reforming Agricultural Land Use Policies Report.
2 187
Recommendations on Reforming Agricultural Land Use Policies in Contra Costa County To Improve Both Economic Vitality and Sustainability Report
18 recommendations to promote and preserve agriculture
Various types of agritourism uses
lodging accommodations
food service
updating County’s winery policies
hosting large events
Promote agriculture in Contra Costa County
equestrian and bike trails to connect farms,
allowing equestrian facilities within additional agricultural districts,
additional funding for signage to promote agriculture in the County
updating the County’s Sign Ordinance
3 188
Recommendations on Reforming Agricultural Land Use Policies in Contra Costa County To Improve Both Economic Vitality and Sustainability Report
Broader policy reforms
establishing mitigation requirements for conversion of agricultural land,
new efforts to address rural blight and illegal dumping,
opportunities to reduce impacts of rural development on agriculture,
facilitate communication between farming community and regulatory agencies,
improve permitting for agricultural uses
consider a noise ordinance
4 189
Initial Accomplishments
Summer of 2022 Board adoption of an urgency ordinance related to
temporary events to provide additional tools for deterring unregulated
commercial parties in agricultural areas;
County’s Illegal Dumping Initiative launched;
County’s sign ordinance updated including provisions intended to facilitate
signage for farms that can be visited by the public.
5 190
Implementation of Next Phase:
Zoning Text Amendment to Establish Agritourism Uses
Regulatory framework for permitting, establishing, and operating
agritourism uses.
Guided by the detailed recommendations of the Report but also
review of regulations in other California counties.
6 191
Agritourism Ordinance Key Components
Allow a variety of agritourism uses that are accessory to a primary agricultural
use
Incorporates the County’s current regulations regarding grower stands, farm
stands, farm markets as additional agritourism uses
Allow stables in A-40 and A-80 zoning districts with the issuance of a land use
permit
7 192
Agritourism Definition
“Agritourism use” means any of the following uses located in an agricultural zoning district:
agricamping;
agritourism lodging establishment (e.g., bed and breakfast, farm stay, or short-term rental);
farm dinner;
farm market;
farm stand;
farm-to-table restaurant;
grower stand;
olive oil mill; or
winery
8 193
Permitting
Ministerial Permit
farm stand
farm stay
farm dinner
small winery without a tasting/on-site sales area and that will not host large events
small olive oil mill without a tasting/on-site sales area and that will not host large events
A land use permit would be required to establish three or more of the above-listed uses on the same lot.
Land Use Permit
agricamping
bed and breakfast*
farm market
farm-to-table restaurant*
large olive oil mill*
large winery*
small olive oil mill with a tasting/on-site sales area or that will host large events*
small winery with a tasting/on-site sales area or that will host large events*
*A land use permit authorizing a winery, olive oil mill, bed and breakfast, or farm-to-table restaurant may also authorize the hosting of large events.
9 194
Additional Requirements for Certain Agritourism
Uses
At least 80% of parcel is engaged in agricultural
activities and kept free of structures shown on a
farm plan
Served by a retail water supplier
Distance between agritourism uses
Minimum requirements for food grown on-site
and within CCC
Requirements
Minimum lot area,
maximum guests, maximum sales/floor
area, frequency of
activities
Noise restriction –quiet
hrs: 10 pm –7 am
Exterior light directed
downward and away from properties
Agricultural promotion
and guest education
10 195
Staff Recommendations
1.OPEN the public hearing on the proposed zoning text amendment; RECEIVE testimony; and CLOSE the
public hearing.
2.RECOMMEND that the Board of Supervisors take the following actions:
A.ADOPT the proposed zoning text amendment to establish size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts,
recodify Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as Chapter 824-4 (Grower
Stands, Farm Stands, and Farm Markets), and amend Chapters 84-82 and 84-84 to allow stables in A-
40 and A-80 agricultural zoning districts with the issuance of a land use permit.
B.DETERMINE that the proposed zoning text amendment is exempt from CEQA under CEQA Guidelines
Sections 15061(b)(3) (common sense exemption).
C.Direct staff to file a Notice of Exemption with the County Clerk.
11 196
Questions?
12 197
Department of Conservation and Development
County Planning Commission
Wednesday, June 7, 2023 – 6:30 P.M.
CONTINUED PUBLIC HEARING
STAFF REPORT Agenda Item #_____
Project Title:
Zoning Text Amendment Establishing Agritourism Uses in
Agricultural Zoning Districts
County File(s):
CDZT22-00003
Applicant:
Owner:
Contra Costa County
Contra Costa County
General Plan/Zoning:
Countywide
Site Address/Location: Countywide
California Environmental
Quality Act (CEQA) Status:
The project is exempt under Section 15061(b)(3) of the
Environmental Quality Act (See Section VI for additional
information).
Project Planner: Jennifer Cruz, Principal Planner (925) 655-2867
Jennifer.Cruz@dcd.cccounty.us
Staff Recommendation: Recommend Approval to the Board of Supervisors (See
Section II for complete recommendation)
I. PROJECT SUMMARY
This is a hearing on a County initiated Zoning Text Amendment to establish size and
location standards, sales requirements, and other regulations governing agritourism
uses in agricultural zoning districts, recodify Chapter 88-20 (Agricultural Farm Stands
and Farm Markets) as Chapter 824-4 (Grower Stands, Farm Stands, and Farm
Markets), and amend Chapters 84-82 and 84-84 to allow stables in A-40 and A-80
agricultural zoning districts with the issuance of a land use permit.
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Zoning Text Amendment
County File# CDZT22-00003
CPC, June 7, 2023
Page 2 of 9
RECOMMENDATION
Staff recommends that the County Planning Commission:
1. OPEN the public hearing on the proposed zoning text amendment; RECEIVE
testimony; and CLOSE the public hearing.
2. RECOMMEND that the Board of Supervisors take the following actions:
A. ADOPT the proposed zoning text amendment to establish size and location
standards, sales requirements, and other regulations governing agritourism
uses in agricultural zoning districts, recodify Chapter 88-20 (Agricultural Farm
Stands and Farm Markets) as Chapter 824-4 (Grower Stands, Farm Stands,
and Farm Markets), and amend Chapters 84-82 and 84-84 to allow stables in
A-40 and A-80 agricultural zoning districts with the issuance of a land use
permit.
B. DETERMINE that the proposed zoning text amendment is exempt from CEQA
under CEQA Guidelines Sections 15061(b)(3) (common sense exemption).
C. Direct staff to file a Notice of Exemption with the County Clerk.
II. BACKGROUND
Board Direction
On December 20, 2016, at the recommendation of then Supervisor Piepho, the Board
of Supervisors approved the expenditure of up to $150,000 from the Livable
Communities Trust (District III Portion) and authorized the Department of
Conservation and Development (DCD), in consultation with the Ag Task Force and
local agricultural stakeholders, to identify for future Board consideration specific
actions the County could take to further promote and incentivize agricultural
sustainability and economic vitality. The succeeding District III Supervisor, Supervisor
Burgis, met with staff and outreached to the community to generate interest and
ideas for the upcoming public process. On February 13, 2018, Supervisor Burgis
recommended, and the Board approved, authorizing DCD to convene a series of
open, public meetings with persons and groups interested in the policy reform topic.
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Zoning Text Amendment
County File# CDZT22-00003
CPC, June 7, 2023
Page 3 of 9
Public review process
DCD convened a series of public meetings with people and parties interested in
agricultural sustainability and economic vitality in Contra Costa County to review
existing land use regulations and collect input on potential modifications to these
policies.
The policy review process was held over a 12-month period starting in 2018. These
large meetings, which ranged from 20-70 participants per meeting, were held in
Martinez, Danville, and Knightsen. Participants that attended the meetings came from
diverse backgrounds, including individuals from the farming and ranching community,
rural residents, proponents of various agricultural commercial ventures, and
conservation organizations. The meetings also included significant support and
participation from the County's Departments of Agriculture, Health Services
(Environmental Health Division), and Public Works, and agencies such as the
University of California Cooperative Extension (UCCE) and Contra Costa Resource
Conservation District (RCD). Participants provided insights on what makes the County
unique, developed a shared vision for the future of agriculture in Contra Costa
County, identified obstacles to a healthier agricultural economy, and discussed
opportunities and constraints of agritourism. Staff researched policies and programs
in other counties and developed numerous tables and maps with relevant
background information. The meetings also included guest speakers from Yolo
County and Sonoma County sharing their experiences promoting agriculture in their
regions and their work as an agricultural ombudsperson.
The discussion among the participants and the County led to a number of specific
proposals to improve agricultural land use policy. These proposals were assembled
into a preliminary list of recommendations, including thoughts on key conditions and
staff notes on key relevant Building, Health, and Public Works provisions. Iterative
drafts of the list of recommendations were discussed in meetings and commented on
in numerous comment periods over the course of approximately one year.
Recommendations Report
The result of the extensive stakeholder collaboration was the Recommendations on
Reforming Agricultural Land Use Policies in Contra Costa County To Improve Both
Economic Vitality and Sustainability Report (“Report”). The Report, included 18
recommendations to promote and preserve agriculture in Contra Costa County.
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Zoning Text Amendment
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Page 4 of 9
The Report recommends authorizing various new types of lodging accommodations
in agricultural areas, including short-term rentals for 90 days or less, farm stays for up
to 90 days, bed-and-breakfast, and camping/yurts. The Report also recommends
authorizing food service uses in agricultural areas, including farm dinners and farm-
to-table restaurants. The Report also recommends updating the County’s winery
policies and authorizing certain new uses to host large events. The Report discussed
the possible permits that may be required, in addition to other permits required by
other agencies.
Recommendations in the Report to promote agriculture in Contra Costa County
include equestrian and bike trails to connect farms, allowing equestrian facilities
within additional agricultural districts, exploring additional funding for signage to
promote agriculture in the County, updating the County’s Sign Ordinance, and
working with other agencies to promote agricultural vitality in the County.
Board Action on Report
The Report was presented to and accepted by the Board of Supervisors on February 4,
2020. Since then, the County has updated the Sign Ordinance. DCD has also
undertaken the extensive effort to establish a regulatory framework in this proposed
zoning text amendment for permitting, establishing, and operating agritourism uses,
as discussed in the Report.
III. FEBRUARY 22, 2023 COUNTY PLANNING COMMISSION MEETING
The County Planning Commission held a public hearing on February 22, 2023 to
consider a draft of the zoning text amendment. The draft zoning text amendment
would add Division 824 to the County Ordinance Code to authorize farm stay, farm
dinner, agricamping, bed and breakfast, farm-to table-restaurant, olive oil mill, and
winery as agritourism uses that are permitted in agricultural zoning districts. The
draft ordinance would also incorporate the County’s current regulations regarding
grower stands, farm stands, farm markets into Division 824, as additional agritourism
uses. The draft ordinance would also authorize the establishment of stables in A-40
and A-80 zoning districts, consistent with the uses allowed in other agricultural
zoning districts.
The public submitted comments both by letter prior to the Commission hearing, and
at the Commission hearing. After considering the comments submitted, the
Commission voted to continue the public hearing to a future date as determined by
County staff to allow staff to address the comments received and provide any
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appropriate revisions to the draft zoning text amendment. A summary of the
comments received and staff’s response and proposed revisions to the draft
ordinance are detailed in the section below.
IV. REVISIONS TO THE PROPOSED AGRITOURISM ORDINANCE
In response to public comments and comments from the Commission, staff has
prepared a revised draft ordinance, including the following revisions.
Illuminated Signs
The prior draft considered in February did not allow on-site signs to be illuminated.
Public comments expressed an interest in illuminated signs, and the County sign
ordinance permits illuminated signs in some circumstances with a permit. Staff
revised the proposed ordinance to authorize illuminated signs with a land use permit
and requires lighting to be directed, oriented, and shielded to prevent light trespass
or glare onto adjacent property or public rights-of-way. Additionally, the land use
permit may include conditions related to the time, intensity, direction, quality of
illumination to mitigate any negative impacts of illumination.
Retail Water Supplier Requirement
The prior draft considered in February required that certain agritourism uses (bed and
breakfast, farm-to-table restaurant, and winery or an olive oil mill with a tasting/on-
site sales area or that will host large events) could only be established on a lot located
within an area served by a retail water supplier. Staff revised the proposed ordinance
to provide that lots located within the East Contra Costa County Groundwater
Subbasin are eligible for such uses even if not in an area served by a retail water
supply. This is consistent with the County’s industrial hemp cultivation ordinance,
which includes regulations intended to protect groundwater supplies.
Agricamping
The prior draft considered in February includes staff’s recommendation that
agricamping only be permitted in camping structures, including tent cabins, and yurts
owned by the property owner, in order to better ensure the quality and safety of
structures and prevent potential nuisance conditions. In response to public comments
that little houses on wheels should also be permitted, and for consistency with the
Report, staff revised the proposed ordinance to allow agricamping in travel trailers
owner by the property owner.
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Farm-to-Table Restaurants
The prior draft considered in February required at least 50% of fruits and vegetables
served at a farm-to-table restaurant to have been grown on-site. Based on public
comments, including concerns that the seasonality of produce may preclude some
agricultural operations from meeting this requirement, staff revised the proposed
ordinance to authorize the zoning administrator to establish a different threshold in
the land use permit for the percentage of fruits and vegetables that must be grown
on-site based on the site’s agricultural activities and seasonal impacts on production.
Mobile Food Vendors
The prior draft considered in February prohibited mobile food vendors at agritourism
uses. Public comments expressed an interest in allowing mobile food vendors in a
limited fashion, particularly at seasonal u-pick type operations where other food
services are not available. Staff revised the proposed ordinance to allow food trucks
or mobile food vendors on a private parcel where an agritourism use is authorized in
any of the following circumstances:
• the agritourism use is a grower stand, farm stand, or farm market and the total
of number of days that the vendor operates does not exceed three days in a
calendar year;
• a land use permit authorizing the agritourism use also authorizes the vendor to
operate;
• the vendor is part of a temporary event authorized under the County’s
temporary events ordinance.
Large Events
Staff revised the proposed ordinance to increase the maximum number of events that
may be hosted by an agritourism use establishment on parcels of 40 or more acres.
The proposed draft would allow for a maximum of 26 large events on parcels of 40
acres of more (the prevision draft authorized 12). The proposed draft would still
authorize a maximum of six large events on parcels less than 40 acres. In
consideration of the increase in maximum number of large events that may be
hosted, staff revised the proposed ordinance to provide that the zoning administrator
may limit a site to a fewer number of large events based on enumerated factors
including the lot size of the event venue, parking available to serve the event venue,
proximity of surrounding residences, the location and size of any buildings or other
visual or noise buffers between the venue and surrounding properties, the
compatibility of large events with neighboring uses, and the degree to which large
events conflict with the property’s primary use of agriculture.
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Staff also revised the proposed ordinance by removing the restriction that no more
than one large event be hosted in a calendar month and the restriction on the
maximum number of people allowed at a large event on parcels less than 40 acres.
On parcels less than 40 acres, the maximum number of persons allowed at a large
event would be set by the zoning administrator.
Other minor changes in the proposed ordinance include the following:
The definition of agritourism lodging establishment was revised to not
reference short-term rentals, which are permitted under a separate chapter.
The definition of large event was revised such that an event spanning up to
three consecutive days constitutes a single event, and to apply to an
assemblage that exceeds 75 persons, consistent with the threshold found in
the Temporary Events Ordinance.
The proposed ordinance was revised to provide that agricultural lodging
establishments and agricamping establishments may not provide lodging to a
guest for more than 30 consecutive days.
The proposed ordinance was revised to authorize the establishment of an
agritourism lodging use in a legally established residential accessory structure,
in addition to a legally established residence.
The proposed ordinance was revised to consolidate the various plans required
of applicants for the different agritourism uses. The proposed ordinance
requires a single agricultural activities and promotion plan for each of the
agritourism use types that has a requirement to submit a plan regarding
agricultural operations. The revised ordinance also requires an agricultural
activities and promotion plan for wineries and olive oil mills that propose to
host large events, consistent with the original February 2020 recommendations
that uses with large events have farming assurances.
The meal service provisions for bed and breakfast were expanded to enable
the service of food or meals at any time to registered guests. Previously only
breakfast was authorized. The change is proposed to make bed and breakfasts
consistent with farm stay establishments which may serve meals at any time.
Hillside Properties
Several public comments expressed concern that the requirement that 80 percent of
the property must be engaged in agricultural activities and kept free of structures
would preclude certain hillside properties from establishing certain agritourism uses.
Staff does not recommend any revision to this requirement. The 80% requirement
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only applies to farm-to-table restaurants and bed and breakfasts. The stated intent of
the agritourism program is to help promote, not replace, agriculture in the County.
Staff believes that a threshold of 80 percent of the property used for agricultural
purposes is appropriate for these more intensive agritourism uses. Further, though
there can be challenges, certain agricultural practices are employed on hillsides (e.g.
grazing and grapes).
Noise
Public comments raised concerns regarding noise resulting from large events. The
proposed ordinance requires that noise be restricted such that it cannot be heard
from neighboring properties during quiet hours identified as 10 pm through 7 am the
following morning. Amplified sound is also prohibited during quiet hours. This noise
restriction also applies to the following uses: farm stay, agricamping, bed and
breakfast, farm dinner, and farm-to-table restaurant. Staff believes that the amplified
sound restriction can be an effective tool in enforcing noise restrictions due to its
relative ease of documentation and confirmation. Additionally, large events can only
be established with a land use permit which may include additional appropriate
conditions to address potential noise impacts.
V. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
The Zoning Text Amendment is exempt from the California Environmental Quality Act
(CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
CEQA Guidelines section 15061(b)(3) is the “common sense exemption.” The
proposed actions would authorize the establishment of agritourism uses in
agricultural zoning districts after the issuance of a ministerial permit or a land use
permit. No specific project is approved with this Zoning Text Amendment. The
proposed new uses that could foreseeably have an environmental impact would each
require separate discretionary permits and be subject to individual environmental
review pursuant to CEQA. Some uses could be approved with a ministerial permit and
that action would be statutorily exempt from CEQA. However, such proposed uses are
minor extensions of existing allowed uses, are subordinate to the primary agricultural
use, and are subject to specific standard requirements related to lot area, number of
bedrooms and guests, number of events, noise, and light. Thus, it can be seen with
certainty that there is no possibility that the proposed actions could have a significant
effect on the environment.
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VI. CONCLUSION
The proposed zoning text amendment would authorize agritourism uses in
agricultural zoning districts in the County and would establish standards for these
uses that would preserve agricultural land consistent with the County General Plan.
Therefore, staff recommends the Commission recommend that the Board of
Supervisors approve the zoning text amendment.
Attachments:
Attachment A - Draft Ordinance
Attachment B – Redlined Version of Draft Ordinance
Attachment C - Revised Table of Agritourism Uses
Attachment D – Agricultural Zoning Districts Within Boundaries of Retail Water Supplier or East Contra Costa
County Groundwater Subbasin
Attachment E - Power Point Presentation
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ORDINANCE NO. 2023-___ DRAFT
AUTHORIZING AGRITOURISM USES IN AGRICULTURAL ZONING DISTRICTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION 1. SUMMARY. This ordinance establishes size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts.
This ordinance also recodifies Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as
Chapter 824-4 (Grower Stands, Farm Stands, and Farm Markets). This ordinance also amends
Chapters 84-82 and 84-84 to allow stables in A-40 and A-80 agricultural zoning districts with the
issuance of a land use permit.
SECTION 2. Division 824 is added to the County Ordinance Code, to read:
Division 824
AGRITOURISM
Chapter 824-2
GENERAL AGRITOURISM REGULATIONS
824-2.002 Purpose and Intent. The purpose of this division is to establish zoning regulations to
allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses
that are located at a working farm, ranch, or other agricultural operation; are accessory to a
primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or
clients; and generate income for the owner or operator of the working farm, ranch, or other
agricultural operation. (Ord. 2023-__ § 2.)
824-2.004 Definitions. For purposes of this division, the following words and phrases have the
following meanings:
(a) “Agricamping establishment” means an establishment that provides food and lodging in
accordance with this division.
(b) “Agritourism lodging establishment” means a residence in an agricultural zoning district
that is used as a bed and breakfast establishment or a farm stay establishment.
(c) “Agritourism use” means any of the following uses located in an agricultural zoning
district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm
stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.
(d) “Bed and breakfast establishment” means an establishment that provides food and
lodging in accordance with this division.
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(e) “Farm dinner” means an occasion where food is provided in accordance with this
division.
(f) “Farm market” means an area accessory to an on-site agricultural operation that is used to
sell farm products, value-added farm products, and non-agricultural items, as specified,
where the total sales area does not exceed 3,500 square feet.
(g) “Farm product” includes any of the following in its raw or natural state: any agricultural,
horticultural, viticultural, or vegetable product of the soil; poultry products; livestock
products; and apiary products. “Farm product” does not include any livestock, poultry,
fish, or shellfish.
(h) “Farm stand” means an area accessory to an on-site agricultural operation that is used
primarily to sell farm products, value-added farm products, and non-agricultural items, as
specified, where the total sales area does not exceed 1,500 square feet.
(i) “Farm stay establishment” means an establishment that provides food and lodging in
accordance with this division.
(j) “Farm-to-table restaurant” means a restaurant that provides food in accordance with this
division.
(k) “Grower stand” means an area accessory to an on-site agricultural operation that is used
to sell farm products produced on-site or proximate to the site, as specified, where the
total sales area does not exceed 1,500 square feet.
(l) “Large event” means an occasion at an agritourism use establishment organized for a
particular and limited purpose and time, not to exceed three consecutive days, and is an
organized assemblage that exceeds 75 persons.
(m) “Non-agricultural item” means any item offered for sale other than farm products and
value-added farm products.
(n) “Olive oil mill” means an operation for the processing of olives into olive oil. An olive
oil mill may be a small olive oil mill or a large olive oil mill.
(o) “Olive oil production facility” means a facility or facilities at an olive oil mill used for
any of the following activities or uses: harvesting, milling, pressing, and crushing fresh
olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of
olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution
of olive oil; equipment storage and repair; composting and removal of olive pomace and
other agricultural product waste, and agricultural wastewater treatment. A tasting area or
on-site sales area at an olive oil mill is not part of the olive oil production facility at the
olive oil mill.
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(p) “Responsible party” means a person that is designated by the applicant as a point of
contact for the agritourism use.
(q) “Value-added farm product” means a farm product that has been changed from its natural
state to an item in a different form through canning, drying, freezing, preserving,
fermenting, compounding, processing, packing, or a similar alteration, so as to increase
the value of the farm product.
(r) “Wine production facility” means a facility or facilities at a winery used for any of the
following activities or uses: crushing or pressing grapes; fermenting wine; aging wine;
processing and blending of wine; bottling and labeling of wine; storage of wine in cellars,
vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping,
receiving, and distribution of wine; truck scales; equipment storage and repair;
composting of grape byproducts and other agricultural product waste, and agricultural
wastewater treatment. A tasting area or on-site sales area at a winery is not part of the
wine production facility at the winery.
(s) “Winery” means an operation for the fermentation and processing of grapes into wine, or
the refermentation of still wine into sparkling wine. A winery may be a small winery or a
large winery. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.006 Location.
(a) An agritourism use that complies with the provisions of this division may be located on
any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).
(b) Multiple agritourism uses may be permitted on the same lot, except as follows:
(1) A farm stay establishment and a bed and breakfast establishment may not be
permitted on the same lot.
(2) A farm dinner and a farm-to-table restaurant may not be permitted on the same
lot.
(3) A farm market and a farm stand may not be permitted on the same lot.
(4) A farm market and a grower stand may not be permitted on the same lot.
(5) A farm stand and a grower stand may not be permitted on the same lot.
(6) A small olive oil mill and a large olive oil mill may not be permitted on the same
lot.
(7) A small winery and a large winery may not be permitted on the same lot. (Ords.
2023-__ § 2, 2007-23 § 2.)
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824-2.008 Accessory Use. An agritourism use is allowed only if it is an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206. If property is located in an
agricultural zoning district but the property is not used for agriculture, then no agritourism use is
allowed on the property. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.010 Parking.
(a) Adequate parking for consumers and employees must be provided at an agritourism use.
If an agritourism use consists of a structure, one off-street parking space must be
provided for each 300 square feet of structural floor area, with a minimum of two parking
spaces. Each required off-street parking space must be at least nine feet by 19 feet in
size. The required parking spaces may be dirt or gravel. The required parking spaces
need not be paved, striped, or otherwise improved, but must be identifiable. Parking
spaces must be oriented such that vehicles are not required to back onto a public road.
(b) Safe access to and from a public road must be provided with a durable, dustless surface,
such as compacted gravel or a similar permeable surface, or asphalt, except that within 20
feet of a public road all access surfaces must be asphalt. A defined point of ingress and
egress must be provided. An encroachment permit must be obtained for a new point of
access to a public road.
(c) The parking requirements of Chapter 82-16 do not apply to this division. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-2.012 Signs.
(a) One or more on-site commercial signs are allowed on a lot with an agritourism use. An
“on-site commercial sign” is a sign that directs attention to the business activity
conducted or products sold or produced on the lot where the agritourism use is located.
(b) The following on-site commercial signs may be located on a lot with an agritourism use:
(1) One free-standing on-site commercial sign that does not exceed 12 feet in height
or the height of the tallest structure, whichever is lower, and whose total display
surface area does not exceed 32 square feet if the sign is single-sided or 64 square
feet if the sign is double-sided.
(2) Additional on-site commercial signs that are affixed directly to any structure with
an indoor sales area.
(3) One or more additional free-standing on-site commercial signs. No additional
free-standing sign shall exceed 12 feet in height or have a display surface area
greater than 16 square feet.
(c) The total display surface area of all on-site commercial signs on a lot with an agritourism
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ORDINANCE NO. 2023-___ DRAFT
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use shall not exceed 128 square feet.
(d) An on-site commercial sign may not encroach on any public right of way and may not
conflict with any applicable sight distance.
(e) An on-site commercial sign may not be illuminated unless expressly authorized by a land
use permit. All illuminated signs shall be directed, oriented, and shielded to prevent light
trespass or glare onto adjacent properties, public rights-of-way, and driveway areas. The
land use permit may include conditions as to the time, intensity, direction, and quality of
illumination to mitigate any negative impacts of illumination.
(f) All signs and sign structures shall be maintained in a safe and structurally sound manner
free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly
painted at all times.
(g) A temporary on-site commercial sign must be removed when not in use.
(h) An on-site commercial sign or signs authorized by this division may contain
noncommercial copy in lieu of other copy. Nothing in this division may be construed as
regulating or restricting the use of noncommercial copy or message on any sign allowed
under this section.
(i) If an agritourism use is lawfully established under the provisions of this division, on-site
commercial signs that meet the requirements of this section are allowed without a
separate permit.
(j) Off-site commercial signs are prohibited on a lot with an agritourism use. An “off-site
commercial sign” is an advertising sign that directs attention to a business activity
conducted or product or services sold or offered at a location not on the lot where the
agritourism use is located. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.014 Height and Setbacks. An agritourism use must comply with the height and setback
requirements that apply in the zone in which the property is located. (Ords. 2023-__ § 2, 2007-
23 § 2.)
824-2.016 Events. Except as otherwise provided for in this division, the requirements of Chapter
82-44, Temporary Events, apply to this division. (Ord. 2023-__ § 2.)
824-2.018 Permits.
(a) No permit. No permit is required under this division for a grower stand that meets the
standards contained in this division.
(b) Ministerial permit.
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(1) Unless a land use permit is otherwise required by subsection (c), below, a
ministerial permit is required before any of the following uses may be established
under this division: farm stand; farm stay; farm dinner; small winery without a
tasting/on-site sales area and that will not host large events; or small olive oil mill
without a tasting/on-site sales area and that will not host large events.
(2) An application for a ministerial permit must be made in writing and contain
sufficient information to allow the Department of Conservation and Development
to determine if the agritourism use will meet the standards in this division.
(3) An application for a ministerial permit will be approved without discretionary
review or public hearing unless any of the following grounds for denial exist:
(A) The application is incomplete.
(B) The applicant has not paid all required fees in accordance with the fee
schedule adopted by the Board of Supervisors.
(C) The applicant is delinquent in the payment of County taxes.
(D) A separate agritourism use permit associated with the location or the
applicant was revoked within 24 months before the date of application.
(E) A structure proposed for an agritourism use violates any provision of this
code, including the building standards in Title 7.
(4) After a ministerial permit for farm stay or farm dinner is issued, the department
will notify all owners of property within 300 feet of the farm stay or farm dinner
that a permit was issued. The notice will be in writing and contain the location of
the farm stay or farm dinner, contact information for the responsible party
associated with the permit, contact information for county code enforcement, and
a website address where the agritourism ordinance is listed.
(5) A ministerial permit for farm stay or farm dinner expires one year from the date
the permit was approved, unless it is revoked sooner.
(6) An application to renew a ministerial permit for farm stay or farm dinner must be
filed with the Department of Conservation and Development at least 30 days
before the permit expires.
(7) An application to renew a ministerial permit for farm stays or farm dinners will be
approved ministerially unless any of the following grounds for denial exist:
(A) Any of the grounds for denial under subsection (3) exist.
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ORDINANCE NO. 2023-___ DRAFT
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(B) The application is filed less than 30 days before the permit expires.
(C) The permit is revoked or is the subject of a revocation proceeding at the
time of application.
(8) A short-term rental proposed for an agricultural zoning district must comply with
the permit requirements of Chapter 88-32.
(c) Land use permit.
(1) A land use permit is required before three or more of the following uses may be
established on a lot under this division: farm stand; farm stay; farm dinner; small
winery without a tasting/on-site sales area and that will not host large events; or
small olive oil mill without a tasting/on-site sales area and that will not host large
events.
(2) A land use permit is required before any of the following uses may be established
under this division: agricamping; bed and breakfast; farm market; farm-to table-
restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on-
site sales area or that will host large events; or small winery with a tasting/on-site
sales area or that will host large events.
(3) An application to establish a land use permit under this division must contain all
of the information required by Article 26-2.20 of this code.
(4) An application for a land use permit under this division will be decided in
accordance with Article 26-2.20 of this code. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.020 Fees. Application, review, and permit fees for agritourism uses will be in amounts
established by the Board of Supervisors in the Conservation and Development Department’s fee
schedule. (Ords. 2023-__ § 2, 2007- 23 § 2.)
824-2.022 Other Laws. Agritourism uses also may be subject to ordinances, statutes and
regulations administered by other county departments, including the building department, health
department, public works department, and agricultural commissioner’s office, and may be
subject to state and federal laws and regulations. The establishment of an agritourism use under
this division does not relieve anyone from the obligation to obtain any other permit or license
required by this code or state or federal law. Nothing in this division authorizes the
establishment of a microenterprise home kitchen operation. (Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-4
GROWER STANDS, FARM STANDS, AND FARM MARKETS
824-4.002 Purpose and Intent. The purpose of this chapter is to establish zoning regulations to
allow for the direct marketing of farm products from agricultural producers to consumers, which
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the California Legislature has found benefits the agricultural community and the consumer.
(Food and Agricultural Code, sections 47000 and following.) This chapter is intended to allow
facilities that are accessory to on-site agricultural operations where agricultural products are
produced to sell these products as specified, and is not intended to encourage the establishment
of traditional retail stores or convenience markets in agricultural zoning districts. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-4.004 Sales Areas.
(a) A grower stand, farm stand, or farm market may consist of one or more outdoor sales
display areas, one or more structures with an indoor sales area, or both.
(b) The total sales area of a grower stand or farm stand, including all outdoor and indoor
sales areas, may not exceed 1,500 square feet.
(c) The total sales area of a farm market, including all outdoor and indoor sales areas, may
not exceed 3,500 square feet. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-4.006 Product Sales.
(a) Grower Stands.
(1) A grower stand may sell farm products produced on-site or proximate to the site.
Vending machines that dispense bottled or canned drinks may also be located at a
grower stand.
(2) The sale at a grower stand of any of the following is prohibited: value-added farm
products; non-agricultural items, except for bottled or canned drinks dispensed
from vending machines; and farm products not produced on-site or proximate to
the site.
(b) Farm Stands.
(1) A farm stand may sell farm products produced on-site or proximate to the site.
(2) Up to 40 percent of the total sales area at a farm stand may be used for the sale of
any or all of the following: value-added farm products produced on-site or
proximate to the site; farm products not produced on-site or proximate to the site;
and non-agricultural items. No more than 10 percent of the total sales area of a
farm stand may be used for the sale of either or both of the following: non-
agricultural items and farm products not produced on-site or proximate to the site.
(c) Farm Markets.
(1) A farm market may sell farm products produced on-site or proximate to the site
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and value-added farm products produced on-site or proximate to the site.
(2) Up to 20 percent of the total sales area at a farm market may be used for the sale
of either or both of the following: non-agricultural items and farm products not
produced on-site or proximate to the site.
(d) No petroleum products or tobacco may be sold or dispensed at any grower stand, farm
stand, or farm market.
(e) Except as otherwise provided in this chapter, nothing may be sold from a motorized
vehicle at any grower stand, farm stand, or farm market unless the vehicle is owned by
the property owner and all sales from the vehicle are in compliance with this chapter.
(Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-6
WINERIES AND OLIVE OIL MILLS
824-6.002 Minimum Lot Size.
(a) A winery may only be located on a lot with a commercial vineyard of at least five acres.
(b) An olive oil mill may only be located on a lot with a commercial olive grove of at least
five acres. (Ord. 2023-__ § 2.)
824-6.004 Accessory Facilities.
(a) Production Facilities. The cumulative maximum floor area of all wine production
facilities at a winery or all olive oil production facilities at an olive oil mill is 5,000
square feet.
(b) Tasting/On-Site Sales Areas. The cumulative maximum floor area of all tasting areas and
on-site sales areas at a winery or olive oil mill is 30 percent of the total floor area of all
wine production facilities at the winery or olive oil production facilities at the olive oil
mill. (Ord. 2023-__ § 2.)
824-6.006 Production Standards.
(a) Production Capacity.
(1) Wineries. A small winery may produce no more than 50,000 gallons of wine
annually. A large winery may produce more than 50,000 gallons of wine
annually.
(2) Olive Oil Mills. A small olive oil mill may produce no more than 50,000 gallons
of olive oil annually. A large olive oil mill may produce more than 50,000
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gallons of olive oil annually.
(b) Production Ingredients.
(1) A minimum of 25 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown on the premises.
(2) A minimum of 50 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown in Contra Costa County.
(3) The owner of a winery or olive oil mill must maintain records showing the total
annual production amount from fruit grown on the premises and the amount from
fruit imported from off the premises. The records must indicate the dates of
receipt and the quantities of all imported fruit, and the name and location of the
growing operation from which the fruit is imported. (Ord. 2023-__ § 2.)
824-6.008 Food Service. A winery or olive oil mill may serve food as part of a wine tasting or
olive oil tasting. The following standards apply to food service at a winery or olive oil mill.
(a) Food service must be incidental to the tasting of wine or olive oil.
(b) Food may not be sold separately from the wine or olive oil tasting.
(c) Food service must be limited to small appetizer-size portions with a fixed menu selected
by the winery or olive oil mill. Food service may not involve menu options and meal
service so that the winery or olive oil mill functions as a café or restaurant.
(d) Food service must be limited to one food sample per type of wine or olive oil. (Ord.
2023-__ § 2.)
824-6.010 Retail Water Supplier Required. A winery with a tasting/on-site sales area or that
will host large events, or an olive oil mill with a tasting/on-site sales area or that will host large
events, may only be located on a lot served by a retail water supplier or within the boundaries of
the East Contra Costa County Groundwater Subbasin. A “retail water supplier” is a public
agency, city, county, or investor-owned water utility regulated by the state Public Utilities
Commission that provides retail water service. A mutual water company is not a retail water
supplier. (Ord. 2023-__ § 2.)
824-6.012 Agricultural Activities and Promotion Plan. An agricultural activities and
promotion plan must be submitted with a permit application for a winery that will host large
events or an olive oil mill that will host large events. The plan must demonstrate that the
primary use of the land is for agriculture by including a map of the parcel, the location of
agritourism use(s), the location of any other structures, the locations and type of agricultural
activities to be conducted on the parcel, and the total percentage of parcel area engaged in
agricultural activities. The plan must also describe the agricultural promotion program
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associated with the winery or olive oil mill, including how the program will promote local
agriculture and educate guests. (Ord. 2023-__ § 2.)
824-6.014 Winery Permits and Licenses. In addition to all other permits and licenses required
by this code, state law, and federal law, a winery must have a valid permit and bond issued by
the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by
the Bureau, and a current 02 Winegrowers license issued by the California Department of
Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic
Beverage Control that allow other types of alcohol sales are prohibited. (Ord. 2023-__ § 2.)
824-6.016 Large Events at Wineries and Olive Oil Mills.
(a) Except as otherwise provided for in this section, a winery or olive oil mill may not host a
temporary event under Chapter 82-44, Temporary Events.
(b) A land use permit authorizing a winery or olive oil mill may also authorize the winery or
olive oil mill to host large events, consistent with Chapter 824-12. Large events that are
authorized by a land use permit pursuant to this section are allowed without a separate
permit. (Ord. 2023-__ § 2.)
Chapter 824-8
LODGING IN AGRICULTURAL DISTRICTS
824-8.002 Agritourism Lodging.
(a) Agritourism lodging may be provided only in a legally established residence or legally
established residential accessory structure. Agritourism lodging may not be located
within agricultural employee housing, seasonal or year-round farmworker housing, or
accessory dwelling units.
(b) The minimum parcel size for an agritourism lodging establishment is 10 acres.
(c) The owner of the land on which agritourism lodging is provided, or a tenant farmer, must
reside on the property.
(d) An agritourism lodging establishment may have a maximum of five bedrooms or sleeping
rooms used for lodging.
(e) The maximum overnight occupancy for agritourism lodging is two persons per bedroom
or sleeping room. Children under 18 years of age are not counted toward occupancy.
The maximum number of agritourism lodging guests that may be on the premises at any
one time is 10.
(f) An agricultural lodging establishment may not provide lodging to a guest for more than
30 consecutive days.
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(g) Food Service.
(A) An agricultural lodging establishment may serve food or meals at any time, but
only to registered guests.
(B) The price of food served at a farm stay establishment or bed and breakfast
establishment must be included in the price of the lodging.
(C) No kitchen or kitchenette facilities are allowed in a guest room within an
agritourism lodging establishment.
(h) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the agritourism
lodging establishment is prohibited during quiet hours.
(i) Exterior lighting must be directed downward and away from adjacent properties.
(j) The operator of an agricultural lodging establishment must engage in a program of
agricultural promotion and guest education regarding the agricultural activities on site
and in the area. The program may include active participation in the on-site agricultural
activities as part of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricultural
lodging, including how the program will promote local agriculture and educate guests.
(l) Farm stay establishments. The following additional standard applies to farm stay
establishments: the maximum number of days a farm stay establishment may host guests
in a calendar year is 90 days.
(m) Bed and breakfast establishments. The following additional standards apply to bed and
breakfast establishments.
(1) At least 80 percent of a parcel where a bed and breakfast establishment is located
must be engaged in agricultural activities and kept free of structures.
(2) A bed and breakfast establishment may only be located on a lot served by a retail
water supplier or within the boundaries of the East Contra Costa County
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Groundwater Subbasin. A “retail water supplier” is a public agency, city, county,
or investor-owned water utility regulated by the state Public Utilities Commission
that provides retail water service. A mutual water company is not a retail water
supplier.
(3) In land use districts where a bed and breakfast establishment regulated by this
division would otherwise be a permitted use, it is unlawful to establish a bed and
breakfast establishment if the location of the bed and breakfast establishment is
within one-quarter mile of any parcel occupied by any other bed and breakfast
establishment. For the purposes of this subsection, distance is measured by the
shortest line connecting any point on the property line of the parcel on which the
bed and breakfast establishment will be established to any point on the property
line of the other parcel.
(4) Large events at bed and breakfast establishments.
(A) Except as otherwise provided for in this subsection (4), a bed and
breakfast establishment may not host a temporary event under Chapter 82-
44, Temporary Events.
(B) A land use permit authorizing a bed and breakfast establishment may also
authorize the bed and breakfast establishment to host large events,
consistent with Chapter 824-12. Large events that are authorized by a
land use permit pursuant to this subsection (4) are allowed without a
separate permit. (Ord. 2023-__ § 2.)
824-8.004 Agricamping.
(a) Agricamping may be provided only in camping structures, including tent cabins and
yurts, or in travel trailers owned by the property owner. Camping in tents, guest-owned
structures, or guest-owned travel trailers is not allowed.
(b) The minimum parcel size for an agricamping establishment is 10 acres.
(c) The owner of the land on which agricamping is provided, or a tenant farmer, must reside
on the property.
(d) An agricamping establishment may have a maximum of five total camping structures or
travel trailers.
(e) The maximum overnight occupancy for agricamping is two persons per camping
structure or travel trailer. Children under 18 years of age are not counted toward
occupancy. The maximum number of agricamping guests that may be on the premises at
any one time is 10.
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(f) An agricamping establishment may not provide lodging to a guest for more than 30
consecutive days.
(g) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at the agricamping
establishment is prohibited during quiet hours.
(h) Exterior lighting must be directed downward and away from adjacent properties.
(i) An agricamping establishment may serve food or meals at any time, but only to
registered guests. No camp stove, kitchen, or kitchenette facilities are allowed in a
camping structure or travel trailer.
(j) The operator of an agricamping establishment must engage in a program of agricultural
promotion and guest education regarding the agricultural activities on site and in the area.
The program may include active participation in the on-site agricultural activities as part
of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricamping,
including how the program will promote local agriculture and educate guests. (Ord.
2023-__ § 2.)
Chapter 824-10
FOOD SERVICE IN AGRICULTURAL DISTRICTS
824-10.002 Farm Dinners.
(a) Up to 12 farm dinners may be hosted at a property per year.
(b) The maximum number of guests at a farm dinner is 30, except that one farm dinner with a
maximum of 150 guests may be held at a property annually.
(c) A farm dinner may be hosted in an existing structure, outdoors on a property, on a patio,
or on a deck. If a farm dinner is hosted in an existing structure, the structure must meet
all building codes and fire codes that apply to the proposed number of guests.
(d) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
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heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a farm dinner is
prohibited during quiet hours.
(e) Exterior lighting must be directed downward and away from adjacent properties.
(f) The host of a farm dinner must engage in a program of agricultural promotion and guest
education regarding the agricultural activities on site and in the area. The program may
include active participation in the on-site agricultural activities as part of the
consideration for the farm dinner.
(g) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the farm dinner,
including how the program will promote local agriculture and educate guests.
(h) This section does not authorize the establishment of a microenterprise home kitchen
operation. Food served at a farm dinner must be prepared in accordance with all
applicable local, state, and federal laws and regulations. (Ord. 2023-__ § 2.)
824-10.004 Farm-to-Table Restaurant.
(a) A farm-to-table restaurant may be established in an existing structure or in a new
structure.
(b) The minimum parcel size for farm-to-table restaurant is 10 acres.
(c) The maximum dining area size in a farm-to-table restaurant is 1,500 square feet.
(d) The maximum dining area capacity in a farm-to-table restaurant is 35 guests.
(e) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the farm-to-table
restaurant is prohibited during quiet hours.
(f) Exterior lighting must be directed downward and away from adjacent properties.
(g) Unless otherwise provided in a land use permit, at least 50 percent of the fruits and
vegetables served at a farm-to-table restaurant must be grown on-site. A land use permit
may, based the site’s agricultural activities and seasonal impacts on production, authorize
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a different percentage of fruits and vegetables grown on-site that must be served at the
farm-to-table restaurant. At least 75 percent of the fruits and vegetables served at a farm-
to-table restaurant must be grown within Contra Costa County.
(h) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also demonstrate how the farm-to-table restaurant will meet the percentage
requirements for fruits and vegetables that must be grown on-site. The plan must also
describe the agricultural promotion program associated with the farm-to-table restaurant,
including how the program will promote local agriculture and educate guests.
(i) At least 80 percent of a parcel where a farm-to-table restaurant is located must be
engaged in agricultural activities and kept free of structures.
(j) A farm-to-table restaurant may only be located on a lot served by a retail water supplier
or within the boundaries of the East Contra Costa County Groundwater Subbasin. A
“retail water supplier” is a public agency, city, county, or investor-owned water utility
regulated by the state Public Utilities Commission that provides retail water service. A
mutual water company is not a retail water supplier.
(k) In land use districts where a farm-to-table restaurant regulated by this division would
otherwise be a permitted use, it is unlawful to establish a farm-to-table restaurant if the
location of the farm-to-table restaurant is within one mile of any parcel occupied by any
other farm-to-table restaurant. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel on which the
farm-to-table restaurant will be established to any point on the property line of the other
parcel.
(l) Large events at farm-to-table restaurants.
(1) Except as otherwise authorized provided for in this subsection (l), a farm-to-table
restaurant may not host a temporary event under Chapter 82-44, Temporary
Events.
(2) A land use permit authorizing a farm-to-table restaurant may also authorize the
farm-to-table restaurant to host large events, consistent with Chapter 824-12.
Large events that are authorized by a land use permit pursuant to this subsection
(l) are allowed without a separate permit. (Ord. 2023-__ § 2.)
824-10.006 Mobile Food Vendors.
(a) Except as otherwise provided for in this section, a food truck or other mobile food vendor
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may not operate on any private parcel where an agritourism use is authorized under this
division.
(b) A food truck or other mobile food vendor may operate on a private parcel where an
agritourism use is authorized in any of the following circumstances.
(1) The agritourism use is a grower stand, farm stand, or farm market, and the total
number of days that a food truck or other mobile food vendor operates on the
private parcel does not exceed three days in a calendar year.
(2) A land use permit issued under this division authorizes a food truck or other
mobile food vendor to operate on the private parcel.
(3) The food truck or other mobile food vendor is part of a temporary event
authorized under Chapter 82-44. (Ord. 2023-__ § 2.)
Chapter 824-12
LARGE EVENTS HOSTED BY AGRITOURISM USE ESTABLISHMENTS
824-12.002 Large Events – Authorized. A land use permit authorizing any of the following
agritourism uses may also authorize the agritourism use establishment to host large events,
consistent with this chapter.
(a) A winery.
(b) An olive oil mill.
(c) A bed and breakfast establishment.
(d) A farm-to-table restaurant. (Ord. 2023-__ § 2.)
824-12.004 Location. An agritourism use establishment may not host large events if it is located
on a parcel that is within one mile of any parcel occupied by an agritourism use that is permitted
under this division to host large events. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel that will host large
events to any point on the property line of the other parcel. (Ord. 2023-__ § 2.)
824-12.006 Conditions.
(a) Number of large events.
(1) A land use permit that authorizes large events at an agritourism use establishment
must limit the annual maximum number of large events for the purposes of
maintaining the agricultural nature of the property and reasonably limiting
impacts on neighbors. In imposing conditions regulating the maximum number of
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large events, the zoning administrator may consider the lot size of the event
venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers
between the venue and surrounding properties, the compatibility of large events
with neighboring uses, and the degree to which large events conflict with the
property’s primary use of agriculture.
(2) The number of large events allowed by a land use permit at an agritourism use
establishment may not exceed the following amounts annually.
(A) On a parcel of less than 40 acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is six.
(B) On a parcel of 40 or more acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is 26.
(b) Number of people. A land use permit that authorizes large events at an agritourism use
establishment must limit the maximum number of people allowed at each event for the
purposes of reasonably limiting impacts on traffic, parking, and neighbors. In imposing
conditions regulating the maximum number of people, the zoning administrator may
consider the lot size of the event venue, parking available to serve the event venue,
proximity of surrounding residences, and the location and size of any buildings or other
visual or noise buffers between the venue and surrounding properties.
(c) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours, during which noise must be restricted such that it cannot be
heard from neighboring properties, shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a large event is
prohibited during quiet hours.
(d) Exterior lighting must be directed downward and away from adjacent properties. (Ord.
2023-__ § 2.)
SECTION 3. Chapter 88-20 of the County Ordinance Code is repealed.
SECTION 4. Section 84-82.404 of the County Ordinance Code is amended to read:
84-82.404 Differences from A-20 district.
The following regulations for A-40 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-40 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-40 district shall be erected or
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placed on a lot smaller than 40 acres in area. (Ords. 2023-__ § 4, 2017-14 § 17, 79-108.)
SECTION 5. Section 84-84.404 of the County Ordinance Code is amended to read:
84-84.404 Differences from A-20 district.
The following regulations for A-80 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-20 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-80 district shall be erected or
placed on a lot smaller than 80 acres in area. (Ords. 2023-__ § 5, 2018-18 § 5, 2017-14 §
17, 79-108.)
SECTION 6. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting
for or against it in the East Bay Times, a newspaper published in this County.
PASSED on _______________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Monica Nino, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
TLG:
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ORDINANCE NO. 2023-___ DRAFT
AUTHORIZING AGRITOURISM USES IN AGRICULTURAL ZONING DISTRICTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION 1. SUMMARY. This ordinance establishes size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts.
This ordinance also recodifies Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as
Chapter 824-4 (Grower Stands, Farm Stands, and Farm Markets). This ordinance also amends
Chapters 84-82 and 84-84 to allow stables in A-40 and A-80 agricultural zoning districts with the
issuance of a land use permit.
SECTION 2. Division 824 is added to the County Ordinance Code, to read:
Division 824
AGRITOURISM
Chapter 824-2
GENERAL AGRITOURISM REGULATIONS
824-2.002 Purpose and Intent. The purpose of this division is to establish zoning regulations to
allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses
that are located at a working farm, ranch, or other agricultural operation; are accessory to a
primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or
clients; and generate income for the owner or operator of the working farm, ranch, or other
agricultural operation. (Ord. 2023-__ § 2.)
824-2.004 Definitions. For purposes of this division, the following words and phrases have the
following meanings:
(a) “Agricamping establishment” means an establishment that provides food and lodging in
accordance with this division.
(b) “Agritourism lodging establishment” means a residence in an agricultural zoning district
that is used as a bed and breakfast establishment, or a farm stay establishment, or a short-
term rental that complies with Chapter 88-32.
(c) “Agritourism use” means any of the following uses located in an agricultural zoning
district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm
stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.
(d) “Bed and breakfast establishment” means an establishment that provides food and
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lodging in accordance with this division.
(e) “Farm dinner” means an occasion where food is provided in accordance with this
division.
(f) “Farm market” means an area accessory to an on-site agricultural operation that is used to
sell farm products, value-added farm products, and non-agricultural items, as specified,
where the total sales area does not exceed 3,500 square feet.
(g) “Farm product” includes any of the following in its raw or natural state: any agricultural,
horticultural, viticultural, or vegetable product of the soil; poultry products; livestock
products; and apiary products. “Farm product” does not include any livestock, poultry,
fish, or shellfish.
(h) “Farm stand” means an area accessory to an on-site agricultural operation that is used
primarily to sell farm products, value-added farm products, and non-agricultural items, as
specified, where the total sales area does not exceed 1,500 square feet.
(i) “Farm stay establishment” means an establishment that provides food and lodging in
accordance with this division.
(j) “Farm-to-table restaurant” means a restaurant that provides food in accordance with this
division.
(k) “Grower stand” means an area accessory to an on-site agricultural operation that is used
to sell farm products produced on-site or proximate to the site, as specified, where the
total sales area does not exceed 1,500 square feet.
(l) “Large event” means an occasion at an agritourism use establishment organized for a
particular and limited purpose and time, not to exceed three consecutive days, and is an
organized assemblage that exceeds 75 persons.
(m) “Non-agricultural item” means any item offered for sale other than farm products and
value-added farm products.
(n) “Olive oil mill” means an operation for the processing of olives into olive oil. An olive
oil mill may be a small olive oil mill or a large olive oil mill.
(o) “Olive oil production facility” means a facility or facilities at an olive oil mill used for
any of the following activities or uses: harvesting, milling, pressing, and crushing fresh
olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of
olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution
of olive oil; equipment storage and repair; composting and removal of olive pomace and
other agricultural product waste, and agricultural wastewater treatment. A tasting area or
on-site sales area at an olive oil mill is not part of the olive oil production facility at the
olive oil mill.
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(p) “Responsible party” means a person that is designated by the applicant as a point of
contact for the agritourism use.
(q) “Value-added farm product” means a farm product that has been changed from its natural
state to an item in a different form through canning, drying, freezing, preserving,
fermenting, compounding, processing, packing, or a similar alteration, so as to increase
the value of the farm product.
(r) “Wine production facility” means a facility or facilities at a winery used for any of the
following activities or uses: crushing or pressing grapes; fermenting wine; aging wine;
processing and blending of wine; bottling and labeling of wine; storage of wine in cellars,
vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping,
receiving, and distribution of wine; truck scales; equipment storage and repair;
composting of grape byproducts and other agricultural product waste, and agricultural
wastewater treatment. A tasting area or on-site sales area at a winery is not part of the
wine production facility at the winery.
(s) “Winery” means an operation for the fermentation and processing of grapes into wine, or
the refermentation of still wine into sparkling wine. A winery may be a small winery or a
large winery. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.006 Location.
(a) An agritourism use that complies with the provisions of this division may be located on
any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).
(b) Multiple agritourism uses may be permitted on the same lot, except as follows:
(1) A farm stay establishment and a bed and breakfast establishment may not be
permitted on the same lot.
(2) A farm dinner and a farm-to-table restaurant may not be permitted on the same
lot.
(3) A farm market and a farm stand may not be permitted on the same lot.
(4) A farm market and a grower stand may not be permitted on the same lot.
(5) A farm stand and a grower stand may not be permitted on the same lot.
(6) A small olive oil mill and a large olive oil mill may not be permitted on the same
lot.
(7) A small winery and a large winery may not be permitted on the same lot. (Ords.
2023-__ § 2, 2007-23 § 2.)
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(A) (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.008 Accessory Use. An agritourism use is allowed only if it is an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206. If property is located in an
agricultural zoning district but the property is not used for agriculture, then no agritourism use is
allowed on the property. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.010 Parking.
(a) Adequate parking for consumers and employees must be provided at an agritourism use.
If an agritourism use consists of a structure, one off-street parking space must be
provided for each 300 square feet of structural floor area, with a minimum of two parking
spaces. Each required off-street parking space must be at least nine feet by 19 feet in
size. The required parking spaces may be dirt or gravel. The required parking spaces
need not be paved, striped, or otherwise improved, but must be identifiable. Parking
spaces must be oriented such that vehicles are not required to back onto a public road.
(b) Safe access to and from a public road must be provided with a durable, dustless surface,
such as compacted gravel or a similar permeable surface, or asphalt, except that within 20
feet of a public road all access surfaces must be asphalt. A defined point of ingress and
egress must be provided. An encroachment permit must be obtained for a new point of
access to a public road.
(c) The parking requirements of Chapter 82-16 do not apply to this division. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-2.012 Signs.
(a) One or more on-site commercial signs are allowed on a lot with an agritourism use. An
“on-site commercial sign” is a sign that directs attention to the business activity
conducted or products sold or produced on the lot where the agritourism use is located.
(b) The following on-site commercial signs may be located on a lot with an agritourism use:
(1) One free-standing on-site commercial sign that does not exceed 12 feet in height
or the height of the tallest structure, whichever is lower, and whose total display
surface area does not exceed 32 square feet if the sign is single-sided or 64 square
feet if the sign is double-sided.
(2) Additional on-site commercial signs that are affixed directly to any structure with
an indoor sales area.
(3) One or more additional free-standing on-site commercial signs. No additional
free-standing sign shall exceed 12 feet in height or have a display surface area
greater than 16 square feet.
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(c) The total display surface area of all on-site commercial signs on a lot with an agritourism
use shall not exceed 128 square feet.
(d) An on-site commercial sign may not encroach on any public right of way and may not
conflict with any applicable sight distance.
(e) An on-site commercial sign may not be illuminated unless expressly authorized by a land
use permit. All illuminated signs shall be directed, oriented, and shielded to prevent light
trespass or glare onto adjacent properties, public rights-of-way, and driveway areas. The
land use permit may include conditions as to the time, intensity, direction, and quality of
illumination to mitigate any negative impacts of illumination.
(f) All signs and sign structures shall be maintained in a safe and structurally sound manner
free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly
painted at all times.
(g) A temporary on-site commercial sign must be removed when not in use.
(h) An on-site commercial sign or signs authorized by this division may contain
noncommercial copy in lieu of other copy. Nothing in this division may be construed as
regulating or restricting the use of noncommercial copy or message on any sign allowed
under this section.
(i) If an agritourism use is lawfully established under the provisions of this division, on-site
commercial signs that meet the requirements of this section are allowed without a
separate permit.
(j) Off-site commercial signs are prohibited on a lot with an agritourism use. An “off-site
commercial sign” is an advertising sign that directs attention to a business activity
conducted or product or services sold or offered at a location not on the lot where the
agritourism use is located. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.014 Height and Setbacks. An agritourism use must comply with the height and setback
requirements that apply in the zone in which the property is located. (Ords. 2023-__ § 2, 2007-
23 § 2.)
824-2.016 Events. Except as otherwise provided for in this division, the requirements of Chapter
82-44, Temporary Events, apply to this division. (Ord. 2023-__ § 2.)
824-2.018 Permits.
(a) No permit. No permit is required under this division for a grower stand that meets the
standards contained in this division.
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(b) Ministerial permit.
(1) Unless a land use permit is otherwise required by subsection (c), below, a
ministerial permit is required before any of the following uses may be established
under this division: farm stand; farm stay; farm dinner; small winery without a
tasting/on-site sales area and that will not host large events; or small olive oil mill
without a tasting/on-site sales area and that will not host large events.
(2) An application for a ministerial permit must be made in writing and contain
sufficient information to allow the Department of Conservation and Development
to determine if the agritourism use will meet the standards in this division.
(3) An application for a ministerial permit will be approved without discretionary
review or public hearing unless any of the following grounds for denial exist:
(A) The application is incomplete.
(B) The applicant has not paid all required fees in accordance with the fee
schedule adopted by the Board of Supervisors.
(C) The applicant is delinquent in the payment of County taxes.
(D) A separate agritourism use permit associated with the location or the
applicant was revoked within 24 months before the date of application.
(E) A structure proposed for an agritourism use violates any provision of this
code, including the building standards in Title 7.
(4) After a ministerial permit for farm stay or farm dinner is issued, the department
will notify all owners of property within 300 feet of the farm stay or farm dinner
that a permit was issued. The notice will be in writing and contain the location of
the farm stay or farm dinner, contact information for the responsible party
associated with the permit, contact information for county code enforcement, and
a website address where the agritourism ordinance is listed.
(5) A ministerial permit for farm stay or farm dinner expires one year from the date
the permit was approved, unless it is revoked sooner.
(6) An application to renew a ministerial permit for farm stay or farm dinner must be
filed with the Department of Conservation and Development at least 30 days
before the permit expires.
(7) An application to renew a ministerial permit for farm stays or farm dinners will be
approved ministerially unless any of the following grounds for denial exist:
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(A) Any of the grounds for denial under subsection (3) exist.
(B) The application is filed less than 30 days before the permit expires.
(C) The permit is revoked or is the subject of a revocation proceeding at the
time of application.
(8) A short-term rental proposed for an agricultural zoning district must comply with
the permit requirements of Chapter 88-32.
(c) Land use permit.
(1) A land use permit is required before three or more of the following uses may be
established on a lot under this division: farm stand; farm stay; farm dinner; small
winery without a tasting/on-site sales area and that will not host large events; or
small olive oil mill without a tasting/on-site sales area and that will not host large
events.
(2) A land use permit is required before any of the following uses may be established
under this division: agricamping; bed and breakfast; farm market; farm-to table-
restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on-
site sales area or that will host large events; or small winery with a tasting/on-site
sales area or that will host large events.
(3) An application to establish a land use permit under this division must contain all
of the information required by aArticle 26-2.20 of this code.
(4) An application for a land use permit under this division will be decided in
accordance with aArticle 26-2.20 of this code. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.020 Fees. Application, review, and permit fees for agritourism uses will be in amounts
established by the Board of Supervisors in the Conservation and Development Department’s fee
schedule. (Ords. 2023-__ § 2, 2007- 23 § 2.)
824-2.022 Other Laws. Agritourism uses also may be subject to ordinances, statutes and
regulations administered by other county departments, including the building department, health
department, public works department, and agricultural commissioner’s office, and may be
subject to state and federal laws and regulations. The establishment of an agritourism use under
this division does not relieve anyone from the obligation to obtain any other permit or license
required by this code or state or federal law. Nothing in this division authorizes the
establishment of a microenterprise home kitchen operation. (Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-4
GROWER STANDS, FARM STANDS, AND FARM MARKETS
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824-4.002 Purpose and Intent. The purpose of this chapter is to establish zoning regulations to
allow for the direct marketing of farm products from agricultural producers to consumers, which
the California Legislature has found benefits the agricultural community and the consumer.
(Food and Agricultural Code, sections 47000 and following.) This chapter is intended to allow
facilities that are accessory to on-site agricultural operations where agricultural products are
produced to sell these products as specified, and is not intended to encourage the establishment
of traditional retail stores or convenience markets in agricultural zoning districts. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-4.004 Sales Areas.
(a) A grower stand, farm stand, or farm market may consist of one or more outdoor sales
display areas, one or more structures with an indoor sales area, or both.
(b) The total sales area of a grower stand or farm stand, including all outdoor and indoor
sales areas, may not exceed 1,500 square feet.
(c) The total sales area of a farm market, including all outdoor and indoor sales areas, may
not exceed 3,500 square feet. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-4.006 Product Sales.
(a) Grower Stands.
(1) A grower stand may sell farm products produced on-site or proximate to the site.
Vending machines that dispense bottled or canned drinks may also be located at a
grower stand.
(2) The sale at a grower stand of any of the following is prohibited: value-added farm
products; non-agricultural items, except for bottled or canned drinks dispensed
from vending machines; and farm products not produced on-site or proximate to
the site.
(b) Farm Stands.
(1) A farm stand may sell farm products produced on-site or proximate to the site.
(2) Up to 40 percent of the total sales area at a farm stand may be used for the sale of
any or all of the following: value-added farm products produced on-site or
proximate to the site; farm products not produced on-site or proximate to the site;
and non-agricultural items. No more than 10 percent of the total sales area of a
farm stand may be used for the sale of either or both of the following: non-
agricultural items and farm products not produced on-site or proximate to the site.
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(c) Farm Markets.
(1) A farm market may sell farm products produced on-site or proximate to the site
and value-added farm products produced on-site or proximate to the site.
(2) Up to 20 percent of the total sales area at a farm market may be used for the sale
of either or both of the following: non-agricultural items and farm products not
produced on-site or proximate to the site.
(d) No petroleum products or tobacco may be sold or dispensed at any grower stand, farm
stand, or farm market.
(e) Nothing(e) Except as otherwise provided in this chapter, nothing may be sold from a
motorized vehicle at any grower stand, farm stand, or farm market unless the vehicle is
owned by the property owner and all sales from the vehicle are in compliance with this
chapter. (Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-6
WINERIES AND OLIVE OIL MILLS
824-6.002 Minimum Lot Size.
(a) A winery may only be located on a lot with a commercial vineyard of at least five acres.
(b) An olive oil mill may only be located on a lot with a commercial olive grove of at least
five acres. (Ord. 2023-__ § 2.)
824-6.004 Accessory Facilities.
(a) Production Facilities. The cumulative maximum floor area of all wine production
facilities at a winery or all olive oil production facilities at an olive oil mill is 5,000
square feet.
(b) Tasting/On-Site Sales Areas. The cumulative maximum floor area of all tasting areas and
on-site sales areas at a winery or olive oil mill is 30 percent of the total floor area of all
wine production facilities at the winery or olive oil production facilities at the olive oil
mill.
(c)(b) At least 80 percent of the parcel where a winery or olive oil mill is located must be
engaged in agricultural activities and kept free of structures. An agricultural/farming
plan must be submitted with the permit application, and annually thereafter. The
agricultural/farming plan must include a map of the parcel, the location of agritourism
use(s), the location of any other structures, the locations and type of agricultural activities
to be conducted on the parcel, and the total percentage of parcel area engaged in
agricultural activities. (Ord. 2023-__ § 2.)
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824-6.006 Production Standards.
(a) Production Capacity.
(1) Wineries. A small winery may produce no more than 50,000 gallons of wine
annually. A large winery may produce more than 50,000 gallons of wine
annually.
(2) Olive Oil Mills. A small olive oil mill may produce no more than 50,000 gallons
of olive oil annually. A large olive oil mill may produce more than 50,000
gallons of olive oil annually.
(b) Production Ingredients.
(1) A minimum of 25 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown on the premises.
(2) A minimum of 50 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown in Contra Costa County.
(3) The owner of a winery or olive oil mill must maintain records showing the total
annual production amount from fruit grown on the premises and the amount from
fruit imported from off the premises. The records must indicate the dates of
receipt and the quantities of all imported fruit, and the name and location of the
growing operation from which the fruit is imported. (Ord. 2023-__ § 2.)
824-6.008 Food Service. A winery or olive oil mill may serve food as part of a wine tasting or
olive oil tasting. The following standards apply to food service at a winery or olive oil mill.
(a) Food service must be incidental to the tasting of wine or olive oil.
(b) Food may not be sold separately from the wine or olive oil tasting.
(c) Food service must be limited to small appetizer-size portions with a fixed menu selected
by the winery or olive oil mill. Food service may not involve menu options and meal
service so that the winery or olive oil mill functions as a café or restaurant.
(d) Food service must be limited to one food sample per type of wine or olive oil. (Ord.
2023-__ § 2.)
824-6.010 Retail Water Supplier Required. A winery with a tasting/on-site sales area or that
will host large events, or an olive oil mill with a tasting/on-site sales area or that will host large
events, may only be located on a lot served by a retail water supplier. or within the boundaries of
the East Contra Costa County Groundwater Subbasin. A “retail water supplier” is a public
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agency, city, county, or investor-owned water utility regulated by the state Public Utilities
Commission that provides retail water service. A mutual water company is not a retail water
supplier. (Ord. 2023-__ § 2.)
824-6.012824-6.012 Agricultural Activities and Promotion Plan. An agricultural activities
and promotion plan must be submitted with a permit application for a winery that will host large
events or an olive oil mill that will host large events. The plan must demonstrate that the
primary use of the land is for agriculture by including a map of the parcel, the location of
agritourism use(s), the location of any other structures, the locations and type of agricultural
activities to be conducted on the parcel, and the total percentage of parcel area engaged in
agricultural activities. The plan must also describe the agricultural promotion program
associated with the winery or olive oil mill, including how the program will promote local
agriculture and educate guests. (Ord. 2023-__ § 2.)
824-6.014 Winery Permits and Licenses. In addition to all other permits and licenses required
by this code, state law, and federal law, a winery must have a valid permit and bond issued by
the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by
the Bureau, and a current 02 Winegrowers license issued by the California Department of
Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic
Beverage Control that allow other types of alcohol sales are prohibited. (Ord. 2023-__ § 2.)
824-6.0146 Large Events at Wineries and Olive Oil Mills.
(a) Except as otherwise provided for in this section, a winery or olive oil mill may not host a
temporary event under Chapter 82-44, Temporary Events.
(b) A land use permit authorizing a winery or olive oil mill may also authorize the winery or
olive oil mill to host large events, consistent with Chapter 824-12. Large events that are
authorized by a land use permit pursuant to this section are allowed without a separate
permit. (Ord. 2023-__ § 2.)
Chapter 824-8
LODGING IN AGRICULTURAL DISTRICTS
824-8.002 Agritourism Lodging.
(a) Agritourism lodging may be provided only in a legally established residence. or legally
established residential accessory structure. Agritourism lodging may not be located
within agricultural employee housing, seasonal or year-round farmworker housing, or
accessory dwelling units.
(b) The minimum parcel size for an agritourism lodging establishment is 10 acres.
(c) The owner of the land on which agritourism lodging is provided, or a tenant farmer, must
reside on the property.
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(d) An agritourism lodging establishment may have a maximum of five bedrooms or sleeping
rooms used for lodging.
(e) The maximum overnight occupancy for agritourism lodging is two persons per bedroom
or sleeping room. Children under three18 years of age are not counted toward
occupancy. The maximum number of agritourism lodging guests that may be on the
premises at any one time is 10.
(f) An agricultural lodging establishment may not provide lodging to a guest for more than
30 consecutive days.
(f)(g) Food Service.
(A) A farm stayAn agricultural lodging establishment may serve food or meals at any
time, but only to registered guests.
(B) A bed and breakfast establishment may serve only breakfast, and only to
registered guests.
(C)(B) The price of food served at a farm stay establishment or bed and breakfast
establishment must be included in the price of the lodging.
(D) A short-term rental may not serve food or meals to guests.
(E)(C) No kitchen or kitchenette facilities are allowed in a guest room within an
agritourism lodging establishment.
(g)(h) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the agritourism
lodging establishment is prohibited during quiet hours.
(h)(i) Exterior lighting must be directed downward and away from adjacent properties.
(i)(j) The operator of an agricultural lodging establishment must engage in a program of
agricultural promotion and guest education regarding the agricultural activities on site
and in the area. The program may include active participation in the on-site agricultural
activities as part of the consideration for the lodging.
(j)(k) An agricultural activities and promotion plan must be submitted with the permit
application. The agricultural promotion plan must demonstrate that the primary use of
the land is for agriculture and thatby including a map of the parcel, the location of
agritourism use(s), the location of any other structures, the locations and type of
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agricultural activities to be conducted on the parcel, and the total percentage of parcel
area engaged in agricultural activities. The plan must also describe the agricultural
promotion program associated with the agricultural lodging, including how the program
will promote local agriculture and educate guests.
(k)(l) Farm stay establishments. The following additional standard applies to farm stay
establishments: the maximum number of days a farm stay establishment may host guests
in a calendar year is 90 days.
(l)(m) Bed and breakfast establishments. The following additional standards apply to bed and
breakfast establishments.
(1) At least 80 percent of a parcel where a bed and breakfast establishment is located
must be engaged in agricultural activities and kept free of structures. An
agricultural/farming plan must be submitted with the permit application, and
annually thereafter. The agricultural/farming plan must include a map of the
parcel, the location of agritourism use(s), the location of any other structures, the
locations and type of agricultural activities to be conducted on the parcel, and the
total percentage of parcel area engaged in agricultural activities.
(2) A bed and breakfast establishment may only be located on a lot served by a retail
water supplier or within the boundaries of the East Contra Costa County
Groundwater Subbasin. A “retail water supplier” is a public agency, city, county,
or investor-owned water utility regulated by the state Public Utilities Commission
that provides retail water service. A mutual water company is not a retail water
supplier.
(3) In land use districts where a bed and breakfast establishment regulated by this
division would otherwise be a permitted use, it is unlawful to establish a bed and
breakfast establishment if the location of the bed and breakfast establishment is
within one-quarter mile of any parcel occupied by any other bed and breakfast
establishment. For the purposes of this subsection, distance is measured by the
shortest line connecting any point on the property line of the parcel on which the
bed and breakfast establishment will be established to any point on the property
line of the other parcel.
(4) Large events at bed and breakfast establishments.
(A) Except as otherwise provided for in this subsection (4), a bed and
breakfast establishment may not host a temporary event under Chapter 82-
44, Temporary Events.
(B) A land use permit authorizing a bed and breakfast establishment may also
authorize the bed and breakfast establishment to host large events,
consistent with Chapter 824-12. Large events that are authorized by a
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ORDINANCE NO. 2023-___DRAFT
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land use permit pursuant to this subsection (4) are allowed without a
separate permit. (Ord. 2023-__ § 2.)
824-8.004 Agricamping.
(a) Agricamping may be provided only in camping structures, including tent cabins and
yurts, or in travel trailers owned by the property owner. Camping in tents, guest-owned
structures, or tentsguest-owned travel trailers is not allowed.
(b) The minimum parcel size for an agricamping establishment is 10 acres.
(c) The owner of the land on which agricamping is provided, or a tenant farmer, must reside
on the property.
(d) An agricamping establishment may have a maximum of five total camping structures or
travel trailers.
(e) The maximum overnight occupancy for agricamping is two persons per camping
structure. or travel trailer. Children under three18 years of age are not counted toward
occupancy. The maximum number of agricamping guests that may be on the premises at
any one time is 10.
(f) An agricamping establishment may not provide lodging to a guest for more than 30
consecutive days.
(f)(g) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at the agricamping
establishment is prohibited during quiet hours.
(g)(h) Exterior lighting must be directed downward and away from adjacent properties.
(h)(i) An agricamping establishment may serve food or meals at any time, but only to
registered guests. No camp stove, kitchen, or kitchenette facilities are allowed in a
camping structure or travel trailer.
(i)(j) The operator of an agricamping establishment must engage in a program of agricultural
promotion and guest education regarding the agricultural activities on site and in the area.
The program may include active participation in the on-site agricultural activities as part
of the consideration for the lodging.
(j)(k) An agricultural activities and promotion plan must be submitted with the permit
application. The agricultural promotion plan must demonstrate that the primary use of
the land is for agriculture and thatby including a map of the parcel, the location of
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agritourism use(s), the location of any other structures, the locations and type of
agricultural activities to be conducted on the parcel, and the total percentage of parcel
area engaged in agricultural activities. The plan must also describe the agricultural
promotion program associated with the agricultural lodgingagricamping, including how
the program will promote local agriculture and educate guests. (Ord. 2023-__ § 2.)
Chapter 824-10
FOOD SERVICE IN AGRICULTURAL DISTRICTS
824-10.002 Farm Dinners.
(a) Up to 12 farm dinners may be hosted at a property per year.
(b) The maximum number of guests at a farm dinner is 30, except that one farm dinner with a
maximum of 150 guests may be held at a property annually.
(c) A farm dinner may be hosted in an existing structure, outdoors on a property, on a patio,
or on a deck. If a farm dinner is hosted in an existing structure, the structure must meet
all building codes and fire codes that apply to the proposed number of guests.
(d) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a farm dinner is
prohibited during quiet hours.
(e) Exterior lighting must be directed downward and away from adjacent properties.
(f) The host of a farm dinner must engage in a program of agricultural promotion and guest
education regarding the agricultural activities on site and in the area. The program may
include active participation in the on-site agricultural activities as part of the
consideration for the farm dinner.
(g) An agricultural activities and promotion plan must be submitted with the permit
application. The agricultural promotion plan must demonstrate that the primary use of
the land is for agriculture and thatby including a map of the parcel, the location of
agritourism use(s), the location of any other structures, the locations and type of
agricultural activities to be conducted on the parcel, and the total percentage of parcel
area engaged in agricultural activities. The plan must also describe the agricultural
promotion program associated with the farm dinner, including how the program will
promote local agriculture and educate guests.
(h) This section does not authorize the establishment of a microenterprise home kitchen
operation. Food served at a farm dinner must be prepared in accordance with all
applicable local, state, and federal laws and regulations. (Ord. 2023-__ § 2.)
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ORDINANCE NO. 2023-___DRAFT
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824-10.004 Farm-to-Table Restaurant.
(a) A farm-to-table restaurant may be established in an existing structure or in a new
structure.
(b) The minimum parcel size for farm-to-table restaurant is 10 acres.
(c) The maximum dining area size in a farm-to-table restaurant is 1,500 square feet.
(d) The maximum dining area capacity in a farm-to-table restaurant is 35 guests.
(e) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the farm-to-table
restaurant is prohibited during quiet hours.
(f) Exterior lighting must be directed downward and away from adjacent properties.
(g) AtUnless otherwise provided in a land use permit, at least 50 percent of the fruits and
vegetables served at a farm-to-table restaurant must be grown on-site. A land use permit
may, based the site’s agricultural activities and seasonal impacts on production, authorize
a different percentage of fruits and vegetables grown on-site that must be served at the
farm-to-table restaurant. At least 75 percent of the fruits and vegetables served at a farm-
to-table restaurant must be grown within Contra Costa County.
(h) At least 80 percent of a parcel where a farm-to-table restaurant is located must be
engaged in agriculturalAn agricultural activities and kept free of structures. An
agricultural/farmingpromotion plan must be submitted with the permit application, and
annually thereafter.. The agricultural/farming plan must includedemonstrate that the
primary use of the land is for agriculture by including a map of the parcel, the location of
agritourism use(s), the location of any other structures, the locations and type of
agricultural activities to be conducted on the parcel, and the total percentage of parcel
area engaged in agricultural activities. The plan must also demonstrate how the farm-to-
table restaurant will meet the percentage requirements for fruits and vegetables that must
be grown on-site. The plan must also describe the agricultural promotion program
associated with the farm-to-table restaurant, including how the program will promote
local agriculture and educate guests.
(i) At least 80 percent of a parcel where a farm-to-table restaurant is located must be
engaged in agricultural activities and kept free of structures.
(i)(j) A farm-to-table restaurant may only be located on a lot served by a retail water supplier
or within the boundaries of the East Contra Costa County Groundwater Subbasin. A
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17
“retail water supplier” is a public agency, city, county, or investor-owned water utility
regulated by the state Public Utilities Commission that provides retail water service. A
mutual water company is not a retail water supplier.
(j)(k) In land use districts where a farm-to-table restaurant regulated by this division would
otherwise be a permitted use, it is unlawful to establish a farm-to-table restaurant if the
location of the farm-to-table restaurant is within one mile of any parcel occupied by any
other farm-to-table restaurant. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel on which the
farm-to-table restaurant will be established to any point on the property line of the other
parcel.
(k)(l) Large events at farm-to-table restaurants.
(1) Except as otherwise authorized provided for in this subsection (kl), a farm-to-
table restaurant may not host a temporary event under Chapter 82-44, Temporary
Events.
(2) A land use permit authorizing a farm-to-table restaurant may also authorize the
farm-to-table restaurant to host large events, consistent with Chapter 824-12.
Large events that are authorized by a land use permit pursuant to this subsection
(kl) are allowed without a separate permit. (Ord. 2023-__ § 2.)
824-10.006 Mobile Food Vendors. A
(a) Except as otherwise provided for in this section, a food truck or other mobile food vendor
may not operate on any private parcel where an agritourism use is authorized under this
division, except as otherwise allowed by.
(b) A food truck or other mobile food vendor may operate on a private parcel where an
agritourism use is authorized in any of the following circumstances.
(1) The agritourism use is a grower stand, farm stand, or farm market, and the total
number of days that a food truck or other mobile food vendor operates on the
private parcel does not exceed three days in a calendar year.
(2) A land use permit or asissued under this division authorizes a food truck or other
mobile food vendor to operate on the private parcel.
(1)(3) The food truck or other mobile food vendor is part of a permitted largetemporary
event authorized under Chapter 82-44. (Ord. 2023-__ § 2.)
Chapter 824-12
LARGE EVENTS HOSTED BY AGRITOURISM USE ESTABLISHMENTS
242
ORDINANCE NO. 2023-___DRAFT
18
824-12.002 Large Events – Authorized. A land use permit authorizing any of the following
agritourism uses may also authorize the agritourism use establishment to host large events,
consistent with this chapter.
(a) A winery.
(b) An olive oil mill.
(c) A bed and breakfast establishment.
(d) A farm-to-table restaurant. (Ord. 2023-__ § 2.)
824-12.004 Location. An agritourism use establishment may not host large events if it is located
on a parcel that is within one mile of any parcel occupied by an agritourism use that is permitted
under this division to host large events. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel that will host large
events to any point on the property line of the other parcel. (Ord. 2023-__ § 2.)
824-12.006 Conditions.
(a) Number of large events.
(1) A land use permit that authorizes large events at an agritourism use establishment
must limit the annual maximum number of large events for the purposes of
maintaining the agricultural nature of the property and reasonably limiting
impacts on neighbors. In imposing conditions regulating the maximum number of
large events, the zoning administrator may consider the lot size of the event
venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers
between the venue and surrounding properties, the compatibility of large events
with neighboring uses, and the degree to which large events conflict with the
property’s primary use of agriculture.
(2) The number of large events allowed by a land use permit at an agritourism use
establishment may not exceed the following amounts annually.
(A) On a parcel of less than 40 acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is six.
(B) On a parcel of 40 or more acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is 1226.
(2) No more than one large event may be hosted in a calendar month.
(b) Number of people.
243
ORDINANCE NO. 2023-___ DRAFT
19
(c)(b) A land use permit authorizingthat authorizes large events at an agritourism use
establishment must limit the maximum number of people allowed at aneach event for the
purposes of minimizingreasonably limiting impacts on traffic, parking, and neighbors. In
imposing conditions regulating the maximum number of people allowed at an event, the
zoning administrator may consider the lot size of the event venue, parking available to
serve the event venue, proximity of surrounding residences, and the location and size of
any buildings or other visual or noise buffers between the venue and surrounding
properties.
(1) On a parcel of less than 40 acres, the maximum number of people allowed at a
large event may not exceed 75.
(d)(c) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours, during which noise must be restricted such that it cannot be
heard from neighboring properties, shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a large event is
prohibited during quiet hours.
(e)(d) Exterior lighting must be directed downward and away from adjacent properties. (Ord.
2023-__ § 2.)
SECTION 3. Chapter 88-20 of the County Ordinance Code is repealed.
SECTION 4. Section 84-82.404 of the County Ordinance Code is amended to read:
84-82.404 Differences from A-20 district.
The following regulations for A-40 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-40 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-40 district shall be erected or
placed on a lot smaller than 40 acres in area. (Ords. 2023-__ § 4, 2017-14 § 17, 79-108.)
SECTION 5. Section 84-84.404 of the County Ordinance Code is amended to read:
84-84.404 Differences from A-20 district.
The following regulations for A-80 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-20 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
244
ORDINANCE NO. 2023-___DRAFT
20
(2) Area. No building or other structure permitted in an A-80 district shall be erected or
placed on a lot smaller than 80 acres in area. (Ords. 2023-__ § 5, 2018-18 § 5, 2017-14 §
17, 79-108.)
SECTION 6. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting
for or against it in the East Bay Times, a newspaper published in this County.
PASSED on _______________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Monica Nino, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
TLG:
245
**Three or more of the following uses may be established on a lot with issuance of a land use permit:
farm stand; farm stay; farm dinner; small winery without a tas�ng/on-site sales area and that will not host large events; or
small olive oil mill without a tas�ng/on-site sales area and that will not host large events.
Atachment C – REVISED Table of Agritourism Uses
Agritourism Use Type of Permit Minimum Lot
Area
Maximum Occupancy/
Sales/Floor Area/
Frequency of Activity Food Sold Other Noteworthy Requirements
Grower Stands, Farm Stands, Farm Markets
grower stand None None 1,500 sq. �. Yes, only as permited by
Sec�on 824-4.006 (e)
Sale of farm products produced on-site or proximate to the site, including
botled or canned drinks
Food truck or mobile food vendor owned by the property owner may operate
on the private parcel for not more than three days in a calendar year.
farm stand Ministerial** None 1,500 sq. ft. Yes, see
Sec�on 824-4.006 (b) and (e)
Sale of farm products produced on-site or proximate to the site.
Up to 40 percent of the total sales area used for the sale of value-added farm
products produced on-site or proximate to the site; farm products not
produced on-site or proximate to the site; and non-agricultural items.
No more than 10 percent of the total sales area of a farm stand may be used for
the sale of either or both of the following: non-agricultural items and farm
products not produced on-site or proximate to the site.
Food truck or mobile food vendor owned by the property owner may operate
on the private parcel for not more than three days in a calendar year.
farm market Land Use Permit None 3,500 sq. �. Yes, see
Sec�on 824-4.006 (c) and (e)
Sale of farm products produced on-site or proximate to the site and value-
added farm products produced on-site or proximate to the site.
Up to 20 percent of the total sales area may be used for the sale of either or
both of the following: non-agricultural items and farm products not produced
on-site or proximate to the site.
Food truck or mobile food vendor owned by the property owner may operate
on the private parcel for not more than three days in a calendar year.
Lodging
farm stay Ministerial**
Renewed annually
10 acres 5 bdrms max; 2 p/bdrm with a
max of 10 at any one �me; not
more than 30 consecu�ve days;
90 days max to host in a
calendar year.
Yes, served only to guests. Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Provide an agricultural activities and promotion plan.
agricamping Land Use Permit 10 acres 5 max camping structures or
travel trailers; 2 max/camping
structure with a max of 10 at
any one �me; not more than 30
consecu�ve days
Yes, served only to guests. Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Provide an agricultural activities and promotion plan.
bed and breakfast Land Use Permit 10 acres 5 bdrms max; 2 p/bdrm with a
max of 10 at any one �me; not
more than 30 consecu�ve days.
Ye s, served only to guests. Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Provide an agricultural activities and promotion plan.
At least 80% of parcel is engaged in agricultural activities and kept free of
structures.
Served by a retail water supplier or within boundaries of the East Contra Costa
County Groundwater Subbasin.
Not located within ¼ mile of another bed and breakfast establishment.
246
Page 2 of 3
**Three or more of the following uses may be established on a lot with issuance of a land use permit:
farm stand; farm stay; farm dinner; small winery without a tas�ng/on-site sales area and that will not host large events; or
small olive oil mill without a tas�ng/on-site sales area and that will not host large events.
Food Service
farm dinner Ministerial**
Renewed annually
None Up to 12 farm dinners/yr; 30
max guests, except one farm
dinner annually with a max of
150 guests located w/in exis�ng
structure, outdoors, pa�o or
deck.
Yes Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
Provide an agricultural activities and promotion plan.
Not authorized for a microenterprise home kitchen opera�on.
farm-to-table restaurant Land Use Permit
10 acres 1,500 sq. �. max dining area, 35
guests max for dining area.
Yes Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
At least 50% of fruits and vegetables served must be grown on-site; at least 75% of
fruits and vegetables served must be grown within CCC. A land use permit may,
based on the site’s agricultural activities and seasonal impacts on production,
authorize a different percentage of fruits and vegetables grown on-site.
Provide an agricultural activities and promotion plan.
At least 80% of parcel is engaged in agricultural activities and kept free of
structures.
Served by a retail water supplier or within boundaries of the East Contra Costa
County Groundwater Subbasin.
Not located within one mile of another farm-to-table establishment.
Wineries
small winery w/o tasting/on-site
sales area and no hosting large
events
Ministerial** 5 acres 5,000 sq. �. cumula�ve max
floor area.
No Produce 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC.
Small winery w/tasting/
on-site sales area or host large
events
Land Use Permit 5 acres 5,000 sq. �. cumula�ve max
floor area; cumula�ve max floor
area of all tas�ng and on-site
sales is 30% of total floor area of
produc�on facili�es.
Yes, see
Sec�on 824-6.008
See requirements under SMALL WINERY W/O TASTING/ON-SITE SALES AND NO
HOSTING LARGE EVENTS and
Served by retail water supplier or within boundaries of the East Contra Costa
County Groundwater Subbasin.
Provide an agricultural activities and promotion plan.
Large winery Land Use Permit 5 acres 5,000 sq. �. cumula�ve max
floor area; cumula�ve max floor
area of all tas�ng and on-site
sales is 30% of total floor area of
produc�on facili�es.
Yes, see
Section 824-6.008
May produce more than 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC.
Served by a retail water supplier or within boundaries of the East Contra Costa
County Groundwater Subbasin.
Provide an agricultural activities and promotion plan.
Olive Oil Mills
small olive oil mill w/o
tas�ng/on -site sales area and no
hos�ng large events
Ministerial** 5 acres 5,000 sq. �. cumula�ve max
floor area.
No See requirements under SMALL WINERY W/O TASTING/ON-SITE SALES AND NO
HOSTING LARGE EVENTS
small olive oil mill w/tas�ng/ on-
site sales area or host large
events
Land Use Permit 5 acres 5,000 sq. �. cumula�ve max
floor area; cumula�ve max floor
area of all tas�ng and on-site
sales is 30% of total floor area of
produc�on facili�es.
Yes, see
Section 824-6.008
See requirements under SMALL WINERY W/O TASTING/ON-SITE SALES AND NO
HOSTING LARGE EVENTS and
Served by retail water supplier or within boundaries of the East Contra Costa
County Groundwater Subbasin.
Provide an agricultural activities and promotion plan.
247
Page 3 of 3
**Three or more of the following uses may be established on a lot with issuance of a land use permit:
farm stand; farm stay; farm dinner; small winery without a tas�ng/on-site sales area and that will not host large events; or
small olive oil mill without a tas�ng/on-site sales area and that will not host large events.
large olive oil mill Land Use Permit 5 acres 5,000 sq. �. cumula�ve max floor
area; cumula�ve max floor area of
all tas�ng and on-site sales is 30%
of total floor area of produc�on
facili�es.
Yes, see
Section 824-6.008
May produce more than 50,000 gallons max annually.
Min 25% of production must be from fruit grown on-site.
Min 50% of production must be from fruit grown CCC.
Served by retail water supplier or within boundaries of the East Contra Costa
County Groundwater Subbasin.
Provide an agricultural activities and promotion plan.
Large Events
The following agritourism use
may host large events
Winery
Olive Oil Mill
Bed and breakfast
Farm-to-table restaurant
Land Use Permit
Parcel less than 40 acres, six max
events/calendar year
Parcel 40 acres or more, 26 max
events/calendar year
Not located within one mile of another agritourism use allowed to host large
events.
Noise restriction – quiet hrs 10 pm – 7 am
Exterior light directed downward and away from properties.
A Land Use Permit will limit annual maximum number of large events to
maintain the agricultural nature of the property and reasonably limiting impacts
on neighbors.
The following will be considered when imposing conditions regulating the
maximum # of large events: lot size of the event venue, parking availability to
serve the event venue, proximity of surrounding residences, the location and
size of any buildings or other visual or noise buffers between the venue and
surrounding properties, the compatibility of large events with neighboring use,
and to the degree which large event conflict with the property’s primary use of
agriculture.
A Land use permit will limit the maximum number of people allowed at each
event to limit impacts on traffic, parking, and neighbors. The following will be
considered when imposing conditions regulating the maximum # of people: lot
size of the event venue, parking availability to serve the event venue, proximity
of surrounding residences, and the location and size of any buildings or other
visual or noise buffers between the venue and surrounding properties.
248
Richmond
Antioch
Concord
Oakley
Danville
Pittsburg
Hercules
Orinda
Pinole
Lafayette
Martinez
San Ramon
Walnut
Creek
Brentwood
Moraga
Pleasant
Hill
Clayton
El Cerrito
San
Pablo
Agricultural Zoning Districts Within Boundaries of Retail Water Supplier or East Contra Costa County Groundwater Subbasin
Agricultural Zoning Districts Within Boundaries of Retail Water
Supplier or East C ontra Costa County Groundwater Subbasin
Agricultural Zoning Districts that are neither within Boundaries of Retail
Water Supplier nor in East Contra Costa County Groundwater Subbasin
Note: This map reflects the legal boundaries ascribed to retail
water suppliers. Not all properties within these boundaries
currently have service.East Contra Costa County Groundwater Subbasin
249
AGRITOURISM ORDINANCE
C OUNTY P LANNING C OMMISSION
J UNE 7, 2023
250
Background
December 20, 2016: The Board of Supervisors authorized the Department of Conservation and Development (DCD), to identify specific actions the County could take to further promote and incentivize agricultural sustainability and economic vitality.
February 13, 2018: The Board authorized DCD to convene a series of open, public meetings with persons and groups interested in the policy reform topic.
2018-2019: Public meetings held in Martinez, Danville, Knightsen
20 -70 participants per meeting
Farm and ranching community, rural residents, agricultural commercial ventures, and conservation organizations
County's Departments of Agriculture, Health Services (Environmental Health Division), and Public Works
University of California Cooperative Extension (UCCE) and Contra Costa Resource Conservation District (RCD)
Proposals to improve agricultural land use policy were assembled into a list of recommendations
February 4, 2020: The Board accepted the Recommendations on Reforming Agricultural Land Use Policies Report.
2 251
Recommendations on Reforming Agricultural Land Use Policies in Contra Costa County To Improve Both Economic Vitality and Sustainability Report
18 recommendations to promote and preserve agriculture
Various types of agritourism uses
lodging accommodations
food service
updating County’s winery policies
hosting large events
Promote agriculture in Contra Costa County
equestrian and bike trails to connect farms,
allowing equestrian facilities within additional agricultural districts,
additional funding for signage to promote agriculture in the County
updating the County’s Sign Ordinance
3 252
Recommendations on Reforming Agricultural Land Use Policies in Contra Costa County To Improve Both Economic Vitality and Sustainability Report
Broader policy reforms
establishing mitigation requirements for conversion of agricultural land,
new efforts to address rural blight and illegal dumping,
opportunities to reduce impacts of rural development on agriculture,
facilitate communication between farming community and regulatory agencies,
improve permitting for agricultural uses
consider a noise ordinance
4 253
Initial Accomplishments
Summer of 2022 Board adoption of an urgency ordinance related to
temporary events to provide additional tools for deterring unregulated
commercial parties in agricultural areas;
County’s Illegal Dumping Initiative launched;
County’s sign ordinance updated including provisions intended to facilitate
signage for farms that can be visited by the public.
5 254
February 22, 2023 County Planning Commission
Presented the Agritourism Ordinance
Allowing a variety of agritourism uses that are accessory to a
primary agricultural use
Incorporates the County’s current regulations regarding grower
stands, farm stands, farm markets as additional agritourism
uses
Allow stables in A-40 and A-80 zoning districts with the
issuance of a land use permit
6 255
February 22, 2023 County Planning Commission
Comments were received by letter prior to the Commission
hearing and at the hearing
After considering the comments submitted, the Commission
voted to continue the public hearing to a future date to allow staff
to address the comments received and provide any appropriate
revisions to the draft zoning text amendment
7 256
Revisions to the Proposed Agritourism
Ordinance
Illuminated Signs
Retail Water Supplier Requirement
Agricamping
Farm-to-Table Restaurants
Mobile Food Vendors
Large Events
Hillside Properties
Noise
Other minor changes
8 257
Staff Recommendations
1.OPEN the public hearing on the proposed zoning text amendment; RECEIVE testimony; and CLOSE the
public hearing.
2.RECOMMEND that the Board of Supervisors take the following actions:
A.ADOPT the proposed zoning text amendment to establish size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts,
recodify Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as Chapter 824-4 (Grower
Stands, Farm Stands, and Farm Markets), and amend Chapters 84-82 and 84-84 to allow stables in A-
40 and A-80 agricultural zoning districts with the issuance of a land use permit.
B.DETERMINE that the proposed zoning text amendment is exempt from CEQA under CEQA Guidelines
Sections 15061(b)(3) (common sense exemption).
C.Direct staff to file a Notice of Exemption with the County Clerk.
9 258
Questions?
10 259
Department of Conservation and Development
County Planning Commission
Wednesday, January 24, 2024 – 6:30 P.M.
STAFF REPORT Agenda Item #_____
Project Title:
Zoning Text Amendments Related to Agritourism and
Temporary Events
County File(s):
CDZT22-00003
Applicant:
Owner:
Contra Costa County
Contra Costa County
General Plan/Zoning:
Countywide
Site Address/Location: Countywide
California Environmental
Quality Act (CEQA) Status:
The project is exempt under Section 15061(b)(3) of the
Environmental Quality Act (See Section VI for additional
information).
Project Planner: Jennifer Cruz, Principal Planner (925) 655-2867
Jennifer.Cruz@dcd.cccounty.us
Staff Recommendation: Recommend Approval to the Board of Supervisors (See
Section II for complete recommendation)
I. PROJECT SUMMARY
This is a hearing on two County-initiated Zoning Text Amendments. The first
proposed amendment is to establish size and location standards, sales requirements,
and other regulations governing agritourism uses in agricultural zoning districts,
recodify Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as Chapter 824-4
(Grower Stands, Farm Stands, and Farm Markets), and amend Chapters 84-82 and 84-
84 to allow stables in A-40 and A-80 agricultural zoning districts with the issuance of
a land use permit.
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Zoning Text Amendment
County File# CDZT22-00003
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Page 2 of 10
The second proposed Zoning Text Amendment would amend Chapter 82-44
(Temporary Events) of the County Ordinance Code to establish specific land use
permit conditions for certain types of events located in an agricultural zoning district,
establish noise restrictions applicable to all permitted and unpermitted events,
regulate commercial events by: prohibiting unpermitted commercial events; further
defining the distinguishing features of commercial events; authorizing enforcement
actions against commercial event organizers, in addition to property owners, for
violations; and authorizing Sheriff’s deputies, in addition to Department of
Conservation Development code enforcement officers, to enforce the Temporary
Events Ordinance.
RECOMMENDATION
Staff recommends that the County Planning Commission:
1. OPEN the public hearing on the proposed zoning text amendment; RECEIVE
testimony; and CLOSE the public hearing.
2. RECOMMEND that the Board of Supervisors take the following actions:
A. ADOPT the proposed zoning text amendment to establish size and location
standards, sales requirements, and other regulations governing agritourism
uses in agricultural zoning districts, recodify Chapter 88-20 (Agricultural Farm
Stands and Farm Markets) as Chapter 824-4 (Grower Stands, Farm Stands,
and Farm Markets), and amend Chapters 84-82 and 84-84 to allow stables in
the A-40 and A-80 agricultural zoning districts with the issuance of a land
use permit.
B. ADOPT the proposed zoning text amendment to amend Chapter 82-44
(Temporary Events) to establish specific land use permit conditions for certain
types of events located in an agricultural zoning district, establish noise
restrictions applicable to all permitted and unpermitted events, regulate
commercial events by: prohibiting unpermitted commercial events; further
defining the distinguishing features of commercial events; authorizing
enforcement actions against commercial event organizers, in addition to
261
Zoning Text Amendment
County File# CDZT22-00003
CPC, January 24, 2024
Page 3 of 10
property owners, for violations; and authorizing Sheriff’s deputies, in addition
to Department of Conservation Development code enforcement officers, to
enforce the Temporary Events Ordinance.
C. RESCIND Ordinance No. 2023-11 (Urgency Ordinance Extending Regulations
Related To Commercial Temporary Events) upon the date the amendment to
Chapter 82-44 (Temporary Events) becomes effective.
D. DETERMINE that the proposed zoning text amendment is exempt from CEQA
under CEQA Guidelines Sections 15061(b)(3) (common sense exemption).
E. Direct staff to file a Notice of Exemption with the County Clerk.
II. BACKGROUND
The Planning Commission conducted two hearings regarding the agritourism-related
zoning text amendments in 2023 and recommended Board approval. Subsequently,
staff met with parties who commented during the hearing to better understand their
concerns, which mostly pertained to the events provisions of the agritourism-related
zoning text amendments and the relationship to the Temporary Events Ordinance and
the Ordinance No. 2023-11, (Urgency Ordinance Extending Regulations Related To
Commercial Temporary Events), which was adopted by the Board of Supervisors on
May 23, 2023 to continue to address a problematic increase in the number and
impact of unpermitted commercial events. Staff’s primary objectives with the
recommended zoning text amendments under consideration at this hearing are to:
• Remove event provisions from the agritourism-related ordinance and place
them in the Temporary Event ordinance for clarity and address concerns that
events in agricultural areas would only be available to certain agritourism
uses;
• Revise the existing Temporary Event Ordinance to make permanent the
provisions of Ordinance No. 2023-11, (Urgency Ordinance Extending
Regulations Related To Commercial Temporary Events);
• Refine the event definition to ensure that events with more 75 persons on
any agricultural property would require a permit;
• Refine provisions related to commercial events to provide that agricultural
properties that contain a residence are able to apply for a land use permit to
host commercial events;
• Refine size limitations for wineries to remove a prohibition on wineries being
located on parcels smaller than 5 acres.
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Zoning Text Amendment
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Page 4 of 10
History of Board Direction on Agritourism
On December 20, 2016, at the recommendation of then Supervisor Piepho, the Board
of Supervisors approved the expenditure of up to $150,000 from the Livable
Communities Trust (District III Portion) and authorized the Department of
Conservation and Development (DCD), in consultation with the Ag Task Force and
local agricultural stakeholders, to identify for future Board consideration specific
actions the County could take to further promote and incentivize agricultural
sustainability and economic vitality. The succeeding District III Supervisor, Supervisor
Burgis, met with staff and outreached to the community to generate interest and
ideas for the upcoming public process. On February 13, 2018, Supervisor Burgis
recommended, and the Board approved, authorizing DCD to convene a series of
open, public meetings with persons and groups interested in the policy reform topic.
Public engagement process on agritourism
DCD convened a series of public meetings with people and parties interested in
agricultural sustainability and economic vitality in Contra Costa County to review
existing land use regulations and collect input on potential modifications to these
policies.
The policy review process was held over a 12-month period starting in 2018. These
large meetings, which ranged from 20-70 participants per meeting, were held in
Martinez, Danville, and Knightsen. Participants that attended the meetings came from
diverse backgrounds, including individuals from the farming and ranching community,
rural residents, proponents of various agricultural commercial ventures, and
conservation organizations. The meetings also included significant support and
participation from the County's Departments of Agriculture, Health Services
(Environmental Health Division), and Public Works, and agencies such as the
University of California Cooperative Extension (UCCE) and Contra Costa Resource
Conservation District (RCD). Participants provided insights on what makes the County
unique, developed a shared vision for the future of agriculture in Contra Costa
County, identified obstacles to a healthier agricultural economy, and discussed
opportunities and constraints of agritourism. Staff researched policies and programs
in other counties and developed numerous tables and maps with relevant
background information. The meetings also included guest speakers from Yolo
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Zoning Text Amendment
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Page 5 of 10
County and Sonoma County sharing their experiences promoting agriculture in their
regions and their work as an agricultural ombudsperson.
The discussion among the participants and the County led to a number of specific
proposals to improve agricultural land use policy. These proposals were assembled
into a preliminary list of recommendations, including thoughts on key conditions and
staff notes on key relevant Building, Health, and Public Works provisions. Iterative
drafts of the list of recommendations were discussed in meetings and commented on
in numerous comment periods over the course of approximately one year.
Report with Recommendations on Agritourism
The result of the extensive stakeholder collaboration was the Recommendations on
Reforming Agricultural Land Use Policies in Contra Costa County To Improve Both
Economic Vitality and Sustainability Report (“Report”). The Report, included 18
recommendations to promote and preserve agriculture in Contra Costa County.
The Report recommends authorizing various new types of lodging accommodations
in agricultural areas, including short-term rentals for 90 days or less, farm stays for up
to 90 days, bed-and-breakfast, and camping/yurts. The Report also recommends
authorizing food service uses in agricultural areas, including farm dinners and farm-
to-table restaurants. The Report also recommends updating the County’s winery
policies and authorizing certain new uses to host large events. The Report discussed
the possible permits that may be required, in addition to other permits required by
other agencies.
Recommendations in the Report to promote agriculture in Contra Costa County
include equestrian and bike trails to connect farms, allowing equestrian facilities
within additional agricultural districts, exploring additional funding for signage to
promote agriculture in the County, updating the County’s Sign Ordinance, and
working with other agencies to promote agricultural vitality in the County.
Board Action on Agritourism Report
The Report was presented to and accepted by the Board of Supervisors on February 4,
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Zoning Text Amendment
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Page 6 of 10
2020. Since then, the County has updated the Sign Ordinance. DCD has also
undertaken the extensive effort to establish a regulatory framework in this proposed
zoning text amendment for permitting, establishing, and operating agritourism uses,
as discussed in the Report.
County Planning Commission Meetings on Agritourism
The zoning text amendments were heard by the County Planning Commission at two
separate public hearings. The first hearing was held on February 22, 2023. The public
submitted comments both by letter prior to the Commission hearing and at the
Commission hearing. After considering the comments submitted, the Commission
voted to continue the public hearing to a future date as determined by County staff
to allow staff to address the comments received and provide any appropriate
revisions to the draft zoning text amendment. The comments were related to
illuminated signs, retail water supplier requirement, allow agricamping in travel
trailers, seasonality of produce may preclude some agricultural operations from
meeting the 50% requirement for farm-to-table restaurants, allow mobile food
vendors on a private parcel where an agritourism use is authorized, increasing the
maximum number of events, requirement for 80% of property to be engaged in
agricultural activities and kept free of structures for hillside properties, and noise from
large events.
In response to public comments and comments from the Commission, staff prepared
a revised draft ordinance, which was presented and heard at the June 7, 2023 County
Planning Commission. The public submitted comments both by letter prior to the
Commission hearing and at the Commission hearing. The comments were primarily
related to concerns only allowing large events for the following agritourism uses
wineries/olive oil mills, bed and breakfast, and farm-to-table. A public comment
regarding the lot size minimum specifically for wineries was also a concern by a
member of the public. Another public comment raised was regarding the unpermitted
parties and the noise generated from these events. After considering all comments
received, the Commission voted unanimously to recommend that the Board of
Supervisor’s adopt the zoning text amendment to the County Zoning Code related to
agritourism.
Staff Follow-Up Meetings
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After the County Planning Commission’s decision to recommend adoption of the
Agritourism Ordinance, staff met separately with three members of the public who
commented during the hearing to have a better understanding of their concerns. Staff
met with Mark Scheberies and Beatrice Schmugler - Alhambra Christmas Tree Farm,
John Bry - Perfusion Vineyard, and Liz DiGiorgio - Contra Costa County Farm Bureau.
The concerns raised were similar to the ones raised at the June 7, 2023 Commission
hearing. Following these meetings staff determined to recommend further
refinements to the Planning Commission before proceeding to the Board of
Supervisors.
III. SUMMARY OF ZONING TEXT AMENDMENTS
Staff considered the comments heard at the hearing and the follow-up meetings. The
proposal is to revise the draft Agritourism Ordinance and amend the Temporary
Events Ordinance to address the concerns raised. The primary concerns were related
to only allowing large events for wineries/olive oil mills, bed and breakfast, and farm-
to-table, lot size requirement for wineries/olive oil mills, and restriction on events
Below is a summary of the changes for each ordinance.
Proposed Changes to Draft Agritourism Ordinance
The changes to the draft Agritourism Ordinance would remove the section on large
events and references to large events, and remove the minimum lot size, retail water
supplier requirement and agricultural activities and promotion plan for wineries and
olive oil mills. Clarification is also included in the draft Agritourism Ordinance that a
farm dinner is not an event subject to the requirements of the Temporary Events
Ordinance.
Proposed Changes to Draft Temporary Events Ordinance
The proposed changes to the Temporary Events Ordinance integrate the provisions of
Ordinance No. 2023-11, (Urgency Ordinance Extending Regulations Related To
Commercial Temporary Events).
Changes include updates to the definition section of the ordinance, addition of noise
restrictions, a list of conditions applicable when a land use permit is required for an
event venue in an agricultural zoning district, updates to the enforcement of the
ordinance, and the addition of the responsible party.
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The definition of event is proposed to be updated to include gatherings of more 75
people on agriculturally-zoned properties. Additionally, “at a residence” is also
defined to clarify the reference in the event definition. The definition of a commercial
event is also modified to include clarification that an event that requires paid
admission or charges parking or that is open or advertised to the general public
would be considered a commercial event.
The addition of definitions for outdoor assemblage, persons at a venue, and vacant
lot is also included in the amendment to the ordinance. The addition of noise
restrictions for all events includes maximum noise levels and prohibited hours for
amplified sound.
A list of conditions applicable to the issuance of a land use permit for an event
located in an agricultural zoning district are also included in the ordinance. The
conditions include the following: events at a venue located in an agricultural zoning
district may only be issued if authorized events are an accessory use of the
agricultural use established for the property and a finding is made that the events is
consistent with agricultural vitality, maximum number of events and maximum of
people of limited based on impacts to neighboring properties, prohibited hours for
amplified noise, and exterior lighting must be directed downward and away from
adjacent properties. The maximum number of events would be determined by
considering the lot size of the event venue, availability of parking to serve the event
venue, proximity of surrounding residences, the location and size of any buildings or
other visual or noise buffers between the venue and surrounding properties, the
compatibility of events with neighboring uses, and the degree to which events conflict
with the property’s primary use of agriculture. On a parcel of less than 40 acres, the
maximum number of events per calendar year that may be authorized by a land use
permit is six. On a parcel of 40 or more acres, the maximum number of events per
calendar year that may be authorized by a land use permit is 26. The maximum
number of people would be determined by the lot size of the event venue, parking
available to serve the event venue, proximity of surrounding residences, and the
location and size of any buildings or other visual or noise buffers between the venue
and surrounding properties.
The amendment also updates the enforcement of the Temporary Events Ordinance to
include remedies of administrative fines, citations, and cease and desist order, officials
to enforce the ordinance, and holding commercial event organizers, in addition to
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property owners, liable for illegal commercial events.
IV. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
The Zoning Text Amendments are exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
CEQA Guidelines section 15061(b)(3) is the “common sense exemption.” The
proposed actions would authorize the establishment of agritourism uses in
agricultural zoning districts after the issuance of a ministerial permit or a land use
permit. No specific project is approved with this Zoning Text Amendment. The
proposed new uses that could foreseeably have an environmental impact would each
require separate discretionary permits and be subject to individual environmental
review pursuant to CEQA. Some uses could be approved with a ministerial permit and
that action would be statutorily exempt from CEQA. However, such proposed uses are
minor extensions of existing allowed uses, are subordinate to the primary agricultural
use, and are subject to specific standard requirements related to lot area, number of
bedrooms and guests, number of events, noise, and light. Thus, it can be seen with
certainty that there is no possibility that the proposed actions could have a significant
effect on the environment.
The zoning text amendment to amend to Chapter 82-44 (Temporary Events) includes
additional land use permit conditions for events located in an agricultural zoning
district, additional noise restrictions, additional restrictions on commercial events, and
authorization for additional enforcement pathways for violations of the ordinance.
These amendments would establish more restrictive regulations on a land use already
permitted in the County. Accordingly, it can be seen with certainty that there is no
possibility that the proposed actions could have a significant effect on the
environment.
V. CONCLUSION
The proposed zoning text amendment would authorize agritourism uses in
agricultural zoning districts in the County and would establish standards for these
uses that would preserve agricultural land consistent with the County General Plan.
Additionally, the zoning text amendment would amend the Temporary Events
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Ordinance to allow large events in agricultural districts, provide noise restrictions,
regulate commercial events, and authorize Sheriff’s deputies, in addition to code
enforcement officers to enforce the Temporary Events Ordinance. Therefore, staff
recommends the Commission recommend that the Board of Supervisors approve the
zoning text amendments.
Attachments:
Attachment A - Draft Agritourism Ordinance
Attachment B – Redlined Version of Draft Agritourism Ordinance
Attachment C – Draft Temporary Events Ordinance
Attachment D – Redlined Version of Draft Temporary Events Ordinance
Attachment E – Urgency Ordinance No. 2023-11
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ORDINANCE NO. 2023-___ DRAFT
AUTHORIZING AGRITOURISM USES IN AGRICULTURAL ZONING DISTRICTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION 1. SUMMARY. This ordinance establishes size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts.
This ordinance also recodifies Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as
Chapter 824-4 (Grower Stands, Farm Stands, and Farm Markets). This ordinance also amends
Chapters 84-82 and 84-84 to allow stables in A-40 and A-80 agricultural zoning districts with the
issuance of a land use permit.
SECTION 2. Division 824 is added to the County Ordinance Code, to read:
Division 824
AGRITOURISM
Chapter 824-2
GENERAL AGRITOURISM REGULATIONS
824-2.002 Purpose and Intent. The purpose of this division is to establish zoning regulations to
allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses
that are located at a working farm, ranch, or other agricultural operation; are accessory to a
primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or
clients; and generate income for the owner or operator of the working farm, ranch, or other
agricultural operation. (Ord. 2023-__ § 2.)
824-2.004 Definitions. For purposes of this division, the following words and phrases have the
following meanings:
(a) “Agricamping establishment” means an establishment that provides food and lodging in
accordance with this division.
(b) “Agritourism lodging establishment” means a residence in an agricultural zoning district
that is used as a bed and breakfast establishment or a farm stay establishment.
(c) “Agritourism use” means any of the following uses located in an agricultural zoning
district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm
stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.
(d) “Bed and breakfast establishment” means an establishment that provides food and
lodging in accordance with this division.
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(e) “Farm dinner” means an occasion where food is provided in accordance with this
division.
(f) “Farm market” means an area accessory to an on-site agricultural operation that is used to
sell farm products, value-added farm products, and non-agricultural items, as specified,
where the total sales area does not exceed 3,500 square feet.
(g) “Farm product” includes any of the following in its raw or natural state: any agricultural,
horticultural, viticultural, or vegetable product of the soil; poultry products; livestock
products; and apiary products. “Farm product” does not include any livestock, poultry,
fish, or shellfish.
(h) “Farm stand” means an area accessory to an on-site agricultural operation that is used
primarily to sell farm products, value-added farm products, and non-agricultural items, as
specified, where the total sales area does not exceed 1,500 square feet.
(i) “Farm stay establishment” means an establishment that provides food and lodging in
accordance with this division.
(j) “Farm-to-table restaurant” means a restaurant that provides food in accordance with this
division.
(k) “Grower stand” means an area accessory to an on-site agricultural operation that is used
to sell farm products produced on-site or proximate to the site, as specified, where the
total sales area does not exceed 1,500 square feet.
(l) “Non-agricultural item” means any item offered for sale other than farm products and
value-added farm products.
(m) “Olive oil mill” means an operation for the processing of olives into olive oil. An olive
oil mill may be a small olive oil mill or a large olive oil mill.
(n) “Olive oil production facility” means a facility or facilities at an olive oil mill used for
any of the following activities or uses: harvesting, milling, pressing, and crushing fresh
olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of
olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution
of olive oil; equipment storage and repair; composting and removal of olive pomace and
other agricultural product waste, and agricultural wastewater treatment. A tasting area or
on-site sales area at an olive oil mill is not part of the olive oil production facility at the
olive oil mill.
(o) “Responsible party” means a person that is designated by the applicant as a point of
contact for the agritourism use.
(p) “Value-added farm product” means a farm product that has been changed from its natural
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state to an item in a different form through canning, drying, freezing, preserving,
fermenting, compounding, processing, packing, or a similar alteration, so as to increase
the value of the farm product.
(q) “Wine production facility” means a facility or facilities at a winery used for any of the
following activities or uses: crushing or pressing grapes; fermenting wine; aging wine;
processing and blending of wine; bottling and labeling of wine; storage of wine in cellars,
vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping,
receiving, and distribution of wine; truck scales; equipment storage and repair;
composting of grape byproducts and other agricultural product waste, and agricultural
wastewater treatment. A tasting area or on-site sales area at a winery is not part of the
wine production facility at the winery.
(r) “Winery” means an operation for the fermentation and processing of grapes into wine, or
the refermentation of still wine into sparkling wine. A winery may be a small winery or a
large winery. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.006 Location.
(a) An agritourism use that complies with the provisions of this division may be located on
any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).
(b) Multiple agritourism uses may be permitted on the same lot, except as follows:
(1) A farm stay establishment and a bed and breakfast establishment may not be
permitted on the same lot.
(2) A farm dinner and a farm-to-table restaurant may not be permitted on the same
lot.
(3) A farm market and a farm stand may not be permitted on the same lot.
(4) A farm market and a grower stand may not be permitted on the same lot.
(5) A farm stand and a grower stand may not be permitted on the same lot.
(6) A small olive oil mill and a large olive oil mill may not be permitted on the same
lot.
(7) A small winery and a large winery may not be permitted on the same lot. (Ords.
2023-__ § 2, 2007-23 § 2.)
824-2.008 Accessory Use. An agritourism use is allowed only if it is an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206. If property is located in an
agricultural zoning district but the property is not used for agriculture, then no agritourism use is
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allowed on the property. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.010 Parking.
(a) Adequate parking for consumers and employees must be provided at an agritourism use.
If an agritourism use consists of a structure, one off-street parking space must be
provided for each 300 square feet of structural floor area, with a minimum of two parking
spaces. Each required off-street parking space must be at least nine feet by 19 feet in
size. The required parking spaces may be dirt or gravel. The required parking spaces
need not be paved, striped, or otherwise improved, but must be identifiable. Parking
spaces must be oriented such that vehicles are not required to back onto a public road.
(b) Safe access to and from a public road must be provided with a durable, dustless surface,
such as compacted gravel or a similar permeable surface, or asphalt, except that within 20
feet of a public road all access surfaces must be asphalt. A defined point of ingress and
egress must be provided. An encroachment permit must be obtained for a new point of
access to a public road.
(c) The parking requirements of Chapter 82-16 do not apply to this division. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-2.012 Signs.
(a) One or more on-site commercial signs are allowed on a lot with an agritourism use. An
“on-site commercial sign” is a sign that directs attention to the business activity
conducted or products sold or produced on the lot where the agritourism use is located.
(b) The following on-site commercial signs may be located on a lot with an agritourism use:
(1) One free-standing on-site commercial sign that does not exceed 12 feet in height
or the height of the tallest structure, whichever is lower, and whose total display
surface area does not exceed 32 square feet if the sign is single-sided or 64 square
feet if the sign is double-sided.
(2) Additional on-site commercial signs that are affixed directly to any structure with
an indoor sales area.
(3) One or more additional free-standing on-site commercial signs. No additional
free-standing sign shall exceed 12 feet in height or have a display surface area
greater than 16 square feet.
(c) The total display surface area of all on-site commercial signs on a lot with an agritourism
use shall not exceed 128 square feet.
(d) An on-site commercial sign may not encroach on any public right of way and may not
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ORDINANCE NO. 2023-___ DRAFT
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conflict with any applicable sight distance.
(e) An on-site commercial sign may not be illuminated unless expressly authorized by a land
use permit. All illuminated signs shall be directed, oriented, and shielded to prevent light
trespass or glare onto adjacent properties, public rights-of-way, and driveway areas. The
land use permit may include conditions as to the time, intensity, direction, and quality of
illumination to mitigate any negative impacts of illumination.
(f) All signs and sign structures shall be maintained in a safe and structurally sound manner
free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly
painted at all times.
(g) A temporary on-site commercial sign must be removed when not in use.
(h) An on-site commercial sign or signs authorized by this division may contain
noncommercial copy in lieu of other copy. Nothing in this division may be construed as
regulating or restricting the use of noncommercial copy or message on any sign allowed
under this section.
(i) If an agritourism use is lawfully established under the provisions of this division, on-site
commercial signs that meet the requirements of this section are allowed without a
separate permit.
(j) Off-site commercial signs are prohibited on a lot with an agritourism use. An “off-site
commercial sign” is an advertising sign that directs attention to a business activity
conducted or product or services sold or offered at a location not on the lot where the
agritourism use is located. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.014 Height and Setbacks. An agritourism use must comply with the height and setback
requirements that apply in the zone in which the property is located. (Ords. 2023-__ § 2, 2007-
23 § 2.)
824-2.016 Events. The requirements of Chapter 82-44, Temporary Events, apply to this division.
(Ord. 2023-__ § 2.)
824-2.018 Permits.
(a) No permit. No permit is required under this division for a grower stand that meets the
standards contained in this division.
(b) Ministerial permit.
(1) Unless a land use permit is otherwise required by subsection (c), below, a
ministerial permit is required before any of the following uses may be established
under this division: farm stand; farm stay; farm dinner; small winery without a
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6
tasting/on-site sales area; or small olive oil mill without a tasting/on-site sales
area.
(2) An application for a ministerial permit must be made in writing and contain
sufficient information to allow the Department of Conservation and Development
to determine if the agritourism use will meet the standards in this division.
(3) An application for a ministerial permit will be approved without discretionary
review or public hearing unless any of the following grounds for denial exist:
(A) The application is incomplete.
(B) The applicant has not paid all required fees in accordance with the fee
schedule adopted by the Board of Supervisors.
(C) The applicant is delinquent in the payment of County taxes.
(D) A separate agritourism use permit associated with the location or the
applicant was revoked within 24 months before the date of application.
(E) A structure proposed for an agritourism use violates any provision of this
code, including the building standards in Title 7.
(4) After a ministerial permit for farm stay or farm dinner is issued, the department
will notify all owners of property within 300 feet of the farm stay or farm dinner
that a permit was issued. The notice will be in writing and contain the location of
the farm stay or farm dinner, contact information for the responsible party
associated with the permit, contact information for county code enforcement, and
a website address where the agritourism ordinance is listed.
(5) A ministerial permit for farm stay or farm dinner expires one year from the date
the permit was approved, unless it is revoked sooner.
(6) An application to renew a ministerial permit for farm stay or farm dinner must be
filed with the Department of Conservation and Development at least 30 days
before the permit expires.
(7) An application to renew a ministerial permit for farm stays or farm dinners will be
approved ministerially unless any of the following grounds for denial exist:
(A) Any of the grounds for denial under subsection (3) exist.
(B) The application is filed less than 30 days before the permit expires.
(C) The permit is revoked or is the subject of a revocation proceeding at the
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ORDINANCE NO. 2023-___ DRAFT
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time of application.
(8) A short-term rental proposed for an agricultural zoning district must comply with
the permit requirements of Chapter 88-32.
(c) Land use permit.
(1) A land use permit is required before three or more of the following uses may be
established on a lot under this division: farm stand; farm stay; farm dinner; small
winery without a tasting/on-site sales area; or small olive oil mill without a
tasting/on-site sales area.
(2) A land use permit is required before any of the following uses may be established
under this division: agricamping; bed and breakfast; farm market; farm-to table-
restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on-
site sales area; or small winery with a tasting/on-site sales area.
(3) An application to establish a land use permit under this division must contain all
of the information required by Article 26-2.20 of this code.
(4) An application for a land use permit under this division will be decided in
accordance with Article 26-2.20 of this code. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.020 Fees. Application, review, and permit fees for agritourism uses will be in amounts
established by the Board of Supervisors in the Conservation and Development Department’s fee
schedule. (Ords. 2023-__ § 2, 2007- 23 § 2.)
824-2.022 Other Laws. Agritourism uses also may be subject to ordinances, statutes and
regulations administered by other county departments, including the building department, health
department, public works department, and agricultural commissioner’s office, and may be
subject to state and federal laws and regulations. The establishment of an agritourism use under
this division does not relieve anyone from the obligation to obtain any other permit or license
required by this code or state or federal law. Nothing in this division authorizes the
establishment of a microenterprise home kitchen operation. (Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-4
GROWER STANDS, FARM STANDS, AND FARM MARKETS
824-4.002 Purpose and Intent. The purpose of this chapter is to establish zoning regulations to
allow for the direct marketing of farm products from agricultural producers to consumers, which
the California Legislature has found benefits the agricultural community and the consumer.
(Food and Agricultural Code, sections 47000 and following.) This chapter is intended to allow
facilities that are accessory to on-site agricultural operations where agricultural products are
produced to sell these products as specified, and is not intended to encourage the establishment
of traditional retail stores or convenience markets in agricultural zoning districts. (Ords. 2023-__
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ORDINANCE NO. 2023-___DRAFT
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§ 2, 2007-23 § 2.)
824-4.004 Sales Areas.
(a) A grower stand, farm stand, or farm market may consist of one or more outdoor sales
display areas, one or more structures with an indoor sales area, or both.
(b) The total sales area of a grower stand or farm stand, including all outdoor and indoor
sales areas, may not exceed 1,500 square feet.
(c) The total sales area of a farm market, including all outdoor and indoor sales areas, may
not exceed 3,500 square feet. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-4.006 Product Sales.
(a) Grower Stands.
(1) A grower stand may sell farm products produced on-site or proximate to the site.
Vending machines that dispense bottled or canned drinks may also be located at a
grower stand.
(2) The sale at a grower stand of any of the following is prohibited: value-added farm
products; non-agricultural items, except for bottled or canned drinks dispensed
from vending machines; and farm products not produced on-site or proximate to
the site.
(b) Farm Stands.
(1) A farm stand may sell farm products produced on-site or proximate to the site.
(2) Up to 40 percent of the total sales area at a farm stand may be used for the sale of
any or all of the following: value-added farm products produced on-site or
proximate to the site; farm products not produced on-site or proximate to the site;
and non-agricultural items. No more than 10 percent of the total sales area of a
farm stand may be used for the sale of either or both of the following: non-
agricultural items and farm products not produced on-site or proximate to the site.
(c) Farm Markets.
(1) A farm market may sell farm products produced on-site or proximate to the site
and value-added farm products produced on-site or proximate to the site.
(2) Up to 20 percent of the total sales area at a farm market may be used for the sale
of either or both of the following: non-agricultural items and farm products not
produced on-site or proximate to the site.
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(d) No petroleum products or tobacco may be sold or dispensed at any grower stand, farm
stand, or farm market.
(e) Except as otherwise provided in this chapter, nothing may be sold from a motorized
vehicle at any grower stand, farm stand, or farm market unless the vehicle is owned by
the property owner and all sales from the vehicle are in compliance with this chapter.
(Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-6
WINERIES AND OLIVE OIL MILLS
824-6.002 Accessory Facilities.
(a) Production Facilities. The cumulative maximum floor area of all wine production
facilities at a winery or all olive oil production facilities at an olive oil mill is 5,000
square feet.
(b) Tasting/On-Site Sales Areas. The cumulative maximum floor area of all tasting areas and
on-site sales areas at a winery or olive oil mill is 30 percent of the total floor area of all
wine production facilities at the winery or olive oil production facilities at the olive oil
mill. (Ord. 2023-__ § 2.)
824-6.004 Production Standards.
(a) Production Capacity.
(1) Wineries. A small winery may produce no more than 50,000 gallons of wine
annually. A large winery may produce more than 50,000 gallons of wine
annually.
(2) Olive Oil Mills. A small olive oil mill may produce no more than 50,000 gallons
of olive oil annually. A large olive oil mill may produce more than 50,000
gallons of olive oil annually.
(b) Production Ingredients.
(1) A minimum of 25 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown on the premises.
(2) A minimum of 50 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown in Contra Costa County.
(3) The owner of a winery or olive oil mill must maintain records showing the total
annual production amount from fruit grown on the premises and the amount from
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fruit imported from off the premises. The records must indicate the dates of
receipt and the quantities of all imported fruit, and the name and location of the
growing operation from which the fruit is imported. (Ord. 2023-__ § 2.)
824-6.006 Food Service. A winery or olive oil mill may serve food as part of a wine tasting or
olive oil tasting. The following standards apply to food service at a winery or olive oil mill.
(a) Food service must be incidental to the tasting of wine or olive oil.
(b) Food may not be sold separately from the wine or olive oil tasting.
(c) Food service must be limited to small appetizer-size portions with a fixed menu selected
by the winery or olive oil mill. Food service may not involve menu options and meal
service so that the winery or olive oil mill functions as a café or restaurant.
(d) Food service must be limited to one food sample per type of wine or olive oil. (Ord.
2023-__ § 2.)
824-6.08 Winery Permits and Licenses. In addition to all other permits and licenses required
by this code, state law, and federal law, a winery must have a valid permit and bond issued by
the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by
the Bureau, and a current 02 Winegrowers license issued by the California Department of
Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic
Beverage Control that allow other types of alcohol sales are prohibited. (Ord. 2023-__ § 2.)
Chapter 824-8
LODGING IN AGRICULTURAL DISTRICTS
824-8.002 Agritourism Lodging.
(a) Agritourism lodging may be provided only in a legally established residence or legally
established residential accessory structure. Agritourism lodging may not be located
within agricultural employee housing, seasonal or year-round farmworker housing, or
accessory dwelling units.
(b) The minimum parcel size for an agritourism lodging establishment is 10 acres.
(c) The owner of the land on which agritourism lodging is provided, or a tenant farmer, must
reside on the property.
(d) An agritourism lodging establishment may have a maximum of five bedrooms or sleeping
rooms used for lodging.
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(e) The maximum overnight occupancy for agritourism lodging is two persons per bedroom
or sleeping room. Children under 18 years of age are not counted toward occupancy.
The maximum number of agritourism lodging guests that may be on the premises at any
one time is 10.
(f) An agricultural lodging establishment may not provide lodging to a guest for more than
30 consecutive days.
(g) Food Service.
(A) An agricultural lodging establishment may serve food or meals at any time, but
only to registered guests.
(B) The price of food served at a farm stay establishment or bed and breakfast
establishment must be included in the price of the lodging.
(C) No kitchen or kitchenette facilities are allowed in a guest room within an
agritourism lodging establishment.
(h) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the agritourism
lodging establishment is prohibited during quiet hours.
(i) Exterior lighting must be directed downward and away from adjacent properties.
(j) The operator of an agricultural lodging establishment must engage in a program of
agricultural promotion and guest education regarding the agricultural activities on site
and in the area. The program may include active participation in the on-site agricultural
activities as part of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricultural
lodging, including how the program will promote local agriculture and educate guests.
(l) Farm stay establishments. The following additional standard applies to farm stay
establishments: the maximum number of days a farm stay establishment may host guests
in a calendar year is 90 days.
(m) Bed and breakfast establishments. The following additional standards apply to bed and
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breakfast establishments.
(1) At least 80 percent of a parcel where a bed and breakfast establishment is located
must be engaged in agricultural activities and kept free of structures.
(2) A bed and breakfast establishment may only be located on a lot served by a retail
water supplier or within the boundaries of the East Contra Costa County
Groundwater Subbasin. A “retail water supplier” is a public agency, city, county,
or investor-owned water utility regulated by the state Public Utilities Commission
that provides retail water service. A mutual water company is not a retail water
supplier.
(3) In land use districts where a bed and breakfast establishment regulated by this
division would otherwise be a permitted use, it is unlawful to establish a bed and
breakfast establishment if the location of the bed and breakfast establishment is
within one-quarter mile of any parcel occupied by any other bed and breakfast
establishment. For the purposes of this subsection, distance is measured by the
shortest line connecting any point on the property line of the parcel on which the
bed and breakfast establishment will be established to any point on the property
line of the other parcel. (Ord. 2023-__ § 2.)
824-8.004 Agricamping.
(a) Agricamping may be provided only in camping structures, including tent cabins and
yurts, or in travel trailers owned by the property owner. Camping in tents, guest-owned
structures, or guest-owned travel trailers is not allowed.
(b) The minimum parcel size for an agricamping establishment is 10 acres.
(c) The owner of the land on which agricamping is provided, or a tenant farmer, must reside
on the property.
(d) An agricamping establishment may have a maximum of five total camping structures or
travel trailers.
(e) The maximum overnight occupancy for agricamping is two persons per camping
structure or travel trailer. Children under 18 years of age are not counted toward
occupancy. The maximum number of agricamping guests that may be on the premises at
any one time is 10.
(f) An agricamping establishment may not provide lodging to a guest for more than 30
consecutive days.
(g) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
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heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at the agricamping
establishment is prohibited during quiet hours.
(h) Exterior lighting must be directed downward and away from adjacent properties.
(i) An agricamping establishment may serve food or meals at any time, but only to
registered guests. No camp stove, kitchen, or kitchenette facilities are allowed in a
camping structure or travel trailer.
(j) The operator of an agricamping establishment must engage in a program of agricultural
promotion and guest education regarding the agricultural activities on site and in the area.
The program may include active participation in the on-site agricultural activities as part
of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricamping,
including how the program will promote local agriculture and educate guests. (Ord.
2023-__ § 2.)
Chapter 824-10
FOOD SERVICE IN AGRICULTURAL DISTRICTS
824-10.002 Farm Dinners.
(a) Up to 12 farm dinners may be hosted at a property per year.
(b) The maximum number of guests at a farm dinner is 30, except that one farm dinner with a
maximum of 150 guests may be held at a property annually. A farm dinner is not an
event subject to the requirements of Chapter 82-44, Temporary Events.
(c) A farm dinner may be hosted in an existing structure, outdoors on a property, on a patio,
or on a deck. If a farm dinner is hosted in an existing structure, the structure must meet
all building codes and fire codes that apply to the proposed number of guests.
(d) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a farm dinner is
prohibited during quiet hours.
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(e) Exterior lighting must be directed downward and away from adjacent properties.
(f) The host of a farm dinner must engage in a program of agricultural promotion and guest
education regarding the agricultural activities on site and in the area. The program may
include active participation in the on-site agricultural activities as part of the
consideration for the farm dinner.
(g) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the farm dinner,
including how the program will promote local agriculture and educate guests.
(h) This section does not authorize the establishment of a microenterprise home kitchen
operation. Food served at a farm dinner must be prepared in accordance with all
applicable local, state, and federal laws and regulations. (Ord. 2023-__ § 2.)
824-10.004 Farm-to-Table Restaurant.
(a) A farm-to-table restaurant may be established in an existing structure or in a new
structure.
(b) The minimum parcel size for farm-to-table restaurant is 10 acres.
(c) The maximum dining area size in a farm-to-table restaurant is 1,500 square feet.
(d) The maximum dining area capacity in a farm-to-table restaurant is 35 guests.
(e) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the farm-to-table
restaurant is prohibited during quiet hours.
(f) Exterior lighting must be directed downward and away from adjacent properties.
(g) Unless otherwise provided in a land use permit, at least 50 percent of the fruits and
vegetables served at a farm-to-table restaurant must be grown on-site. A land use permit
may, based the site’s agricultural activities and seasonal impacts on production, authorize
a different percentage of fruits and vegetables grown on-site that must be served at the
farm-to-table restaurant. At least 75 percent of the fruits and vegetables served at a farm-
to-table restaurant must be grown within Contra Costa County.
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(h) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also demonstrate how the farm-to-table restaurant will meet the percentage
requirements for fruits and vegetables that must be grown on-site. The plan must also
describe the agricultural promotion program associated with the farm-to-table restaurant,
including how the program will promote local agriculture and educate guests.
(i) At least 80 percent of a parcel where a farm-to-table restaurant is located must be
engaged in agricultural activities and kept free of structures.
(j) A farm-to-table restaurant may only be located on a lot served by a retail water supplier
or within the boundaries of the East Contra Costa County Groundwater Subbasin. A
“retail water supplier” is a public agency, city, county, or investor-owned water utility
regulated by the state Public Utilities Commission that provides retail water service. A
mutual water company is not a retail water supplier.
(k) In land use districts where a farm-to-table restaurant regulated by this division would
otherwise be a permitted use, it is unlawful to establish a farm-to-table restaurant if the
location of the farm-to-table restaurant is within one mile of any parcel occupied by any
other farm-to-table restaurant. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel on which the
farm-to-table restaurant will be established to any point on the property line of the other
parcel. (Ord. 2023-__ § 2.)
824-10.006 Mobile Food Vendors.
(a) Except as otherwise provided for in this section, a food truck or other mobile food vendor
may not operate on any private parcel where an agritourism use is authorized under this
division.
(b) A food truck or other mobile food vendor may operate on a private parcel where an
agritourism use is authorized in any of the following circumstances.
(1) The agritourism use is a grower stand, farm stand, or farm market, and the total
number of days that a food truck or other mobile food vendor operates on the
private parcel does not exceed three days in a calendar year.
(2) A land use permit issued under this division authorizes a food truck or other
mobile food vendor to operate on the private parcel.
(3) The food truck or other mobile food vendor is part of a temporary event
authorized under Chapter 82-44. (Ord. 2023-__ § 2.)
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SECTION 3. Chapter 88-20 of the County Ordinance Code is repealed.
SECTION 4. Section 84-38.404 of the County Ordinance Code is amended to read:
84-38.404 Uses—Requiring land use permit. The following uses may be allowed in an A-2
district on the issuance of a land use permit:
(1) Publicly owned parks and playground.
(2) Dude ranches, riding academies and stables, and dog kennels.
(3) Publicly owned buildings and structures, except as provided in Division 82.
(4) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(5) Wind energy conversion systems. This use is allowed without a land use permit if
used only as an accessory to an allowable residential or agricultural use.
(6) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency
approvals and licenses.
(7) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and
convalescent homes.
(8) Churches, religious institutions, and parochial and private schools.
(9) Community buildings, clubs, and activities of a quasi-public, social, fraternal, or
recreational character, such as golf, tennis or swimming clubs, or veterans' or
fraternal organizations. These uses are prohibited if organized for monetary profit.
(10) One additional single family dwelling.
(11) Medical and dental offices and medical clinics.
(12) Merchandising of agricultural supplies and services incidental to an agricultural
use.
(13) Commercial kitchens or other facilities for creating value-added farm products.
(14) Canneries.
(15) Slaughterhouses and stockyards.
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(16) Rendering plants and fertilizer plants or yards.
(17) Livestock auction or sales yards.
(18) Commercial recreational facilities when the principal use is not in a building.
(19) Boat storage facilities within one mile by public road of a boat launching facility
open to the public. Vessels and vessel trailers may be stored in a boat storage
facility. Recreational vehicles may be stored in a boat storage facility as long as
the number of recreational vehicles stored does not exceed fifteen percent of the
total number of storage spaces in the storage facility.
(20) Retail firewood sales.
(21) Recycling operations intended to sort or process material for reuse. Junkyards,
defined in Section 88-4.206, are prohibited.
(22) Museums in which objects of historical, artistic, scientific or cultural importance
are preserved and displayed.
(23) A farm market.
(24) Agricultural cold storage plants on parcels less than ten acres in size.
(25) Farmworker housing center.
(26) Commercial cannabis activities that meet the requirements of Chapter 88-28.
(Ords. 2023-XX § 4, 2022-37 § 8, 2018-18 § 5, 2017-14 § 10, 2013-12 § 6, 2009-
12 § 3, 2007-23 § 4, 2003-11 § 3, 94-28 § 2, 89-46 § 2, 76-36 § 3, 7437 § 2, 60-
82, 1988, 1569 § 2: prior code § 8156(b): Ords. 1406 § 3, 497 § 4, 382 § 4E).
SECTION 5. Section 84-42.404 of the County Ordinance Code is amended to read:
84-42.404 Uses—Requiring land use permit. The following uses may be allowed in an A-4
district on the issuance of a land use permit:
(1) Related commercial agricultural uses including the erection or modification of
sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing and
buildings for the storage of agricultural products and equipment.
(2) A farm market.
(3) A detached single-family dwelling on each parcel and the accessory structures
and uses normally auxiliary to it. In no event shall any residential structure be
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permitted to be built or additional residential structure be erected on less than
forty acres per unit for non-prime agricultural land, or less than ten acres per unit
of the agricultural land. A separate land use permit is required for one additional
single-family dwelling on the parcel.
(4) Wholesale nurseries and greenhouses.
(5) Hog ranches.
(6) Dairying.
(7) Fur farms.
(8) Livestock and feed yards.
(9) Poultry raising.
(10) Commercial fish farming.
(11) Commercial kitchens or other facilities for creating value-added farm products.
(12) Canneries.
(13) Mushroom houses.
(14) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(15) Those uses described in Government Code Section 51201(e).
(16) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(17) Farmworker housing center. (Ords. 2023-XX § 5, 2017-14 § 12, 2013-12 § 7,
2007-23 § 6, 2006-19 § 8, 2003-12 § 2, 86-61 § 3, 84-24 § 3, 68-54 § 1 (part),
1968: prior code § 8169(b)).
SECTION 6. Section 84-80.404 of the County Ordinance Code is amended to read:
84-80.404 Uses with land use permit. The following uses may be allowed in an A-20 district
on the issuance of a land use permit:
(1) Merchandising of agricultural supplies and services incidental to agricultural use.
(2) Commercial kitchens or other facilities for creating value-added farm products.
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(3) Canneries.
(4) Cold storage plants.
(5) Rendering plants and fertilizer plants or yards.
(6) Livestock auction or sales yards.
(7) Wholesale nurseries and greenhouses.
(8) Mushroom houses.
(9) Processing of milk not produced on premises.
(10) Dude ranches, riding academies, stables, dog kennels.
(11) Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and
animal hospitals.
(12) Churches, religious institutions, parochial and private schools.
(13) Community buildings, clubs, activities of a quasi-public, social, fraternal or
recreational character.
(14) Medical and/or dental offices and clinics.
(15) Boat storage area within one mile by public road of a public boat launching
facility.
(16) Oil and gas drilling and production including the installation and use of only such
equipment necessary and convenient for drilling and extracting operations.
(17) Commercial radio and television receiving and transmitting facilities other than
broadcasting studios and business offices.
(18) One additional single-family dwelling.
(19) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(20) A farm market.
(21) Farmworker housing center.
(22) Commercial cannabis activities that meet the requirements of Chapter 88-28.
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(23) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency approvals and
licenses. (Ords. 2023-XX § 6, 2022-37 § 9, 2018-18 § 5, 2017-14 § 16, 2013-12 § 9, 2007-23 §
8, 2006-19 § 11, 86-61 § 4, 84-24 § 4, 79-108).SECTION 7. Section 84-82.404 of the County
Ordinance Code is amended to read:
84-82.404 Differences from A-20 district.
The following regulations for A-40 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-40 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-40 district shall be erected or
placed on a lot smaller than 40 acres in area. (Ords. 2023-__ § 7, 2017-14 § 17, 79-108.)
SECTION 8. Section 84-84.404 of the County Ordinance Code is amended to read:
84-84.404 Differences from A-20 district.
The following regulations for A-80 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-20 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-80 district shall be erected or
placed on a lot smaller than 80 acres in area. (Ords. 2023-__ § 8, 2018-18 § 5, 2017-14 §
17, 79-108.)
SECTION 9. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting
for or against it in the East Bay Times, a newspaper published in this County.
PASSED on _______________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Monica Nino, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
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By: ______________________ [SEAL]
Deputy
TLG:
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ORDINANCE NO. 2023-___ DRAFT
AUTHORIZING AGRITOURISM USES IN AGRICULTURAL ZONING DISTRICTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION 1. SUMMARY. This ordinance establishes size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts.
This ordinance also recodifies Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as
Chapter 824-4 (Grower Stands, Farm Stands, and Farm Markets). This ordinance also amends
Chapters 84-82 and 84-84 to allow stables in A-40 and A-80 agricultural zoning districts with the
issuance of a land use permit.
SECTION 2. Division 824 is added to the County Ordinance Code, to read:
Division 824
AGRITOURISM
Chapter 824-2
GENERAL AGRITOURISM REGULATIONS
824-2.002 Purpose and Intent. The purpose of this division is to establish zoning regulations to
allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses
that are located at a working farm, ranch, or other agricultural operation; are accessory to a
primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or
clients; and generate income for the owner or operator of the working farm, ranch, or other
agricultural operation. (Ord. 2023-__ § 2.)
824-2.004 Definitions. For purposes of this division, the following words and phrases have the
following meanings:
(a) “Agricamping establishment” means an establishment that provides food and lodging in
accordance with this division.
(b) “Agritourism lodging establishment” means a residence in an agricultural zoning district
that is used as a bed and breakfast establishment or a farm stay establishment.
(c) “Agritourism use” means any of the following uses located in an agricultural zoning
district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm
stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.
(d) “Bed and breakfast establishment” means an establishment that provides food and
lodging in accordance with this division.
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(e) “Farm dinner” means an occasion where food is provided in accordance with this
division.
(f) “Farm market” means an area accessory to an on-site agricultural operation that is used to
sell farm products, value-added farm products, and non-agricultural items, as specified,
where the total sales area does not exceed 3,500 square feet.
(g) “Farm product” includes any of the following in its raw or natural state: any agricultural,
horticultural, viticultural, or vegetable product of the soil; poultry products; livestock
products; and apiary products. “Farm product” does not include any livestock, poultry,
fish, or shellfish.
(h) “Farm stand” means an area accessory to an on-site agricultural operation that is used
primarily to sell farm products, value-added farm products, and non-agricultural items, as
specified, where the total sales area does not exceed 1,500 square feet.
(i) “Farm stay establishment” means an establishment that provides food and lodging in
accordance with this division.
(j) “Farm-to-table restaurant” means a restaurant that provides food in accordance with this
division.
(k) “Grower stand” means an area accessory to an on-site agricultural operation that is used
to sell farm products produced on-site or proximate to the site, as specified, where the
total sales area does not exceed 1,500 square feet.
(l) “Large event” means an occasion at an agritourism use establishment organized for a
particular and limited purpose and time, not to exceed three consecutive days, and is an
organized assemblage that exceeds 75 persons.
(m)(l) “Non-agricultural item” means any item offered for sale other than farm products and
value-added farm products.
(n)(m) “Olive oil mill” means an operation for the processing of olives into olive oil. An olive
oil mill may be a small olive oil mill or a large olive oil mill.
(o)(n) “Olive oil production facility” means a facility or facilities at an olive oil mill used for
any of the following activities or uses: harvesting, milling, pressing, and crushing fresh
olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of
olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution
of olive oil; equipment storage and repair; composting and removal of olive pomace and
other agricultural product waste, and agricultural wastewater treatment. A tasting area or
on-site sales area at an olive oil mill is not part of the olive oil production facility at the
olive oil mill.
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(p)(o) “Responsible party” means a person that is designated by the applicant as a point of
contact for the agritourism use.
(q)(p) “Value-added farm product” means a farm product that has been changed from its natural
state to an item in a different form through canning, drying, freezing, preserving,
fermenting, compounding, processing, packing, or a similar alteration, so as to increase
the value of the farm product.
(r)(q) “Wine production facility” means a facility or facilities at a winery used for any of the
following activities or uses: crushing or pressing grapes; fermenting wine; aging wine;
processing and blending of wine; bottling and labeling of wine; storage of wine in cellars,
vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping,
receiving, and distribution of wine; truck scales; equipment storage and repair;
composting of grape byproducts and other agricultural product waste, and agricultural
wastewater treatment. A tasting area or on-site sales area at a winery is not part of the
wine production facility at the winery.
(s)(r) “Winery” means an operation for the fermentation and processing of grapes into wine, or
the refermentation of still wine into sparkling wine. A winery may be a small winery or a
large winery. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.006 Location.
(a) An agritourism use that complies with the provisions of this division may be located on
any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).
(b) Multiple agritourism uses may be permitted on the same lot, except as follows:
(1) A farm stay establishment and a bed and breakfast establishment may not be
permitted on the same lot.
(2) A farm dinner and a farm-to-table restaurant may not be permitted on the same
lot.
(3) A farm market and a farm stand may not be permitted on the same lot.
(4) A farm market and a grower stand may not be permitted on the same lot.
(5) A farm stand and a grower stand may not be permitted on the same lot.
(6) A small olive oil mill and a large olive oil mill may not be permitted on the same
lot.
(7) A small winery and a large winery may not be permitted on the same lot. (Ords.
2023-__ § 2, 2007-23 § 2.)
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824-2.008 Accessory Use. An agritourism use is allowed only if it is an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206. If property is located in an
agricultural zoning district but the property is not used for agriculture, then no agritourism use is
allowed on the property. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.010 Parking.
(a) Adequate parking for consumers and employees must be provided at an agritourism use.
If an agritourism use consists of a structure, one off-street parking space must be
provided for each 300 square feet of structural floor area, with a minimum of two parking
spaces. Each required off-street parking space must be at least nine feet by 19 feet in
size. The required parking spaces may be dirt or gravel. The required parking spaces
need not be paved, striped, or otherwise improved, but must be identifiable. Parking
spaces must be oriented such that vehicles are not required to back onto a public road.
(b) Safe access to and from a public road must be provided with a durable, dustless surface,
such as compacted gravel or a similar permeable surface, or asphalt, except that within 20
feet of a public road all access surfaces must be asphalt. A defined point of ingress and
egress must be provided. An encroachment permit must be obtained for a new point of
access to a public road.
(c) The parking requirements of Chapter 82-16 do not apply to this division. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-2.012 Signs.
(a) One or more on-site commercial signs are allowed on a lot with an agritourism use. An
“on-site commercial sign” is a sign that directs attention to the business activity
conducted or products sold or produced on the lot where the agritourism use is located.
(b) The following on-site commercial signs may be located on a lot with an agritourism use:
(1) One free-standing on-site commercial sign that does not exceed 12 feet in height
or the height of the tallest structure, whichever is lower, and whose total display
surface area does not exceed 32 square feet if the sign is single-sided or 64 square
feet if the sign is double-sided.
(2) Additional on-site commercial signs that are affixed directly to any structure with
an indoor sales area.
(3) One or more additional free-standing on-site commercial signs. No additional
free-standing sign shall exceed 12 feet in height or have a display surface area
greater than 16 square feet.
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(c) The total display surface area of all on-site commercial signs on a lot with an agritourism
use shall not exceed 128 square feet.
(d) An on-site commercial sign may not encroach on any public right of way and may not
conflict with any applicable sight distance.
(e) An on-site commercial sign may not be illuminated unless expressly authorized by a land
use permit. All illuminated signs shall be directed, oriented, and shielded to prevent light
trespass or glare onto adjacent properties, public rights-of-way, and driveway areas. The
land use permit may include conditions as to the time, intensity, direction, and quality of
illumination to mitigate any negative impacts of illumination.
(f) All signs and sign structures shall be maintained in a safe and structurally sound manner
free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly
painted at all times.
(g) A temporary on-site commercial sign must be removed when not in use.
(h) An on-site commercial sign or signs authorized by this division may contain
noncommercial copy in lieu of other copy. Nothing in this division may be construed as
regulating or restricting the use of noncommercial copy or message on any sign allowed
under this section.
(i) If an agritourism use is lawfully established under the provisions of this division, on-site
commercial signs that meet the requirements of this section are allowed without a
separate permit.
(j) Off-site commercial signs are prohibited on a lot with an agritourism use. An “off-site
commercial sign” is an advertising sign that directs attention to a business activity
conducted or product or services sold or offered at a location not on the lot where the
agritourism use is located. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.014 Height and Setbacks. An agritourism use must comply with the height and setback
requirements that apply in the zone in which the property is located. (Ords. 2023-__ § 2, 2007-
23 § 2.)
824-2.016 Events. Except as otherwise provided for in this division, tThe requirements of
Chapter 82-44, Temporary Events, apply to this division. (Ord. 2023-__ § 2.)
824-2.018 Permits.
(a) No permit. No permit is required under this division for a grower stand that meets the
standards contained in this division.
(b) Ministerial permit.
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(1) Unless a land use permit is otherwise required by subsection (c), below, a
ministerial permit is required before any of the following uses may be established
under this division: farm stand; farm stay; farm dinner; small winery without a
tasting/on-site sales area and that will not host large events; or small olive oil mill
without a tasting/on-site sales area and that will not host large events.
(2) An application for a ministerial permit must be made in writing and contain
sufficient information to allow the Department of Conservation and Development
to determine if the agritourism use will meet the standards in this division.
(3) An application for a ministerial permit will be approved without discretionary
review or public hearing unless any of the following grounds for denial exist:
(A) The application is incomplete.
(B) The applicant has not paid all required fees in accordance with the fee
schedule adopted by the Board of Supervisors.
(C) The applicant is delinquent in the payment of County taxes.
(D) A separate agritourism use permit associated with the location or the
applicant was revoked within 24 months before the date of application.
(E) A structure proposed for an agritourism use violates any provision of this
code, including the building standards in Title 7.
(4) After a ministerial permit for farm stay or farm dinner is issued, the department
will notify all owners of property within 300 feet of the farm stay or farm dinner
that a permit was issued. The notice will be in writing and contain the location of
the farm stay or farm dinner, contact information for the responsible party
associated with the permit, contact information for county code enforcement, and
a website address where the agritourism ordinance is listed.
(5) A ministerial permit for farm stay or farm dinner expires one year from the date
the permit was approved, unless it is revoked sooner.
(6) An application to renew a ministerial permit for farm stay or farm dinner must be
filed with the Department of Conservation and Development at least 30 days
before the permit expires.
(7) An application to renew a ministerial permit for farm stays or farm dinners will be
approved ministerially unless any of the following grounds for denial exist:
(A) Any of the grounds for denial under subsection (3) exist.
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(B) The application is filed less than 30 days before the permit expires.
(C) The permit is revoked or is the subject of a revocation proceeding at the
time of application.
(8) A short-term rental proposed for an agricultural zoning district must comply with
the permit requirements of Chapter 88-32.
(c) Land use permit.
(1) A land use permit is required before three or more of the following uses may be
established on a lot under this division: farm stand; farm stay; farm dinner; small
winery without a tasting/on-site sales area and that will not host large events; or
small olive oil mill without a tasting/on-site sales area and that will not host large
events.
(2) A land use permit is required before any of the following uses may be established
under this division: agricamping; bed and breakfast; farm market; farm-to table-
restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on-
site sales area or that will host large events; or small winery with a tasting/on-site
sales area or that will host large events.
(3) An application to establish a land use permit under this division must contain all
of the information required by Article 26-2.20 of this code.
(4) An application for a land use permit under this division will be decided in
accordance with Article 26-2.20 of this code. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.020 Fees. Application, review, and permit fees for agritourism uses will be in amounts
established by the Board of Supervisors in the Conservation and Development Department’s fee
schedule. (Ords. 2023-__ § 2, 2007- 23 § 2.)
824-2.022 Other Laws. Agritourism uses also may be subject to ordinances, statutes and
regulations administered by other county departments, including the building department, health
department, public works department, and agricultural commissioner’s office, and may be
subject to state and federal laws and regulations. The establishment of an agritourism use under
this division does not relieve anyone from the obligation to obtain any other permit or license
required by this code or state or federal law. Nothing in this division authorizes the
establishment of a microenterprise home kitchen operation. (Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-4
GROWER STANDS, FARM STANDS, AND FARM MARKETS
824-4.002 Purpose and Intent. The purpose of this chapter is to establish zoning regulations to
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allow for the direct marketing of farm products from agricultural producers to consumers, which
the California Legislature has found benefits the agricultural community and the consumer.
(Food and Agricultural Code, sections 47000 and following.) This chapter is intended to allow
facilities that are accessory to on-site agricultural operations where agricultural products are
produced to sell these products as specified, and is not intended to encourage the establishment
of traditional retail stores or convenience markets in agricultural zoning districts. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-4.004 Sales Areas.
(a) A grower stand, farm stand, or farm market may consist of one or more outdoor sales
display areas, one or more structures with an indoor sales area, or both.
(b) The total sales area of a grower stand or farm stand, including all outdoor and indoor
sales areas, may not exceed 1,500 square feet.
(c) The total sales area of a farm market, including all outdoor and indoor sales areas, may
not exceed 3,500 square feet. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-4.006 Product Sales.
(a) Grower Stands.
(1) A grower stand may sell farm products produced on-site or proximate to the site.
Vending machines that dispense bottled or canned drinks may also be located at a
grower stand.
(2) The sale at a grower stand of any of the following is prohibited: value-added farm
products; non-agricultural items, except for bottled or canned drinks dispensed
from vending machines; and farm products not produced on-site or proximate to
the site.
(b) Farm Stands.
(1) A farm stand may sell farm products produced on-site or proximate to the site.
(2) Up to 40 percent of the total sales area at a farm stand may be used for the sale of
any or all of the following: value-added farm products produced on-site or
proximate to the site; farm products not produced on-site or proximate to the site;
and non-agricultural items. No more than 10 percent of the total sales area of a
farm stand may be used for the sale of either or both of the following: non-
agricultural items and farm products not produced on-site or proximate to the site.
(c) Farm Markets.
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(1) A farm market may sell farm products produced on-site or proximate to the site
and value-added farm products produced on-site or proximate to the site.
(2) Up to 20 percent of the total sales area at a farm market may be used for the sale
of either or both of the following: non-agricultural items and farm products not
produced on-site or proximate to the site.
(d) No petroleum products or tobacco may be sold or dispensed at any grower stand, farm
stand, or farm market.
(e) Except as otherwise provided in this chapter, nothing may be sold from a motorized
vehicle at any grower stand, farm stand, or farm market unless the vehicle is owned by
the property owner and all sales from the vehicle are in compliance with this chapter.
(Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-6
WINERIES AND OLIVE OIL MILLS
824-6.002 Minimum Lot Size.
(a) A winery may only be located on a lot with a commercial vineyard of at least five acres.
(b) An olive oil mill may only be located on a lot with a commercial olive grove of at least
five acres. (Ord. 2023-__ § 2.)
824-6.004 Accessory Facilities.
(a) Production Facilities. The cumulative maximum floor area of all wine production
facilities at a winery or all olive oil production facilities at an olive oil mill is 5,000
square feet.
(b) Tasting/On-Site Sales Areas. The cumulative maximum floor area of all tasting areas and
on-site sales areas at a winery or olive oil mill is 30 percent of the total floor area of all
wine production facilities at the winery or olive oil production facilities at the olive oil
mill. (Ord. 2023-__ § 2.)
824-6.0046 Production Standards.
(a) Production Capacity.
(1) Wineries. A small winery may produce no more than 50,000 gallons of wine
annually. A large winery may produce more than 50,000 gallons of wine
annually.
(2) Olive Oil Mills. A small olive oil mill may produce no more than 50,000 gallons
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of olive oil annually. A large olive oil mill may produce more than 50,000
gallons of olive oil annually.
(b) Production Ingredients.
(1) A minimum of 25 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown on the premises.
(2) A minimum of 50 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown in Contra Costa County.
(3) The owner of a winery or olive oil mill must maintain records showing the total
annual production amount from fruit grown on the premises and the amount from
fruit imported from off the premises. The records must indicate the dates of
receipt and the quantities of all imported fruit, and the name and location of the
growing operation from which the fruit is imported. (Ord. 2023-__ § 2.)
824-6.0068 Food Service. A winery or olive oil mill may serve food as part of a wine tasting or
olive oil tasting. The following standards apply to food service at a winery or olive oil mill.
(a) Food service must be incidental to the tasting of wine or olive oil.
(b) Food may not be sold separately from the wine or olive oil tasting.
(c) Food service must be limited to small appetizer-size portions with a fixed menu selected
by the winery or olive oil mill. Food service may not involve menu options and meal
service so that the winery or olive oil mill functions as a café or restaurant.
(d) Food service must be limited to one food sample per type of wine or olive oil. (Ord.
2023-__ § 2.)
824-6.010 Retail Water Supplier Required. A winery with a tasting/on-site sales area or that
will host large events, or an olive oil mill with a tasting/on-site sales area or that will host large
events, may only be located on a lot served by a retail water supplier or within the boundaries of
the East Contra Costa County Groundwater Subbasin. A “retail water supplier” is a public
agency, city, county, or investor-owned water utility regulated by the state Public Utilities
Commission that provides retail water service. A mutual water company is not a retail water
supplier. (Ord. 2023-__ § 2.)
824-6.012 Agricultural Activities and Promotion Plan. An agricultural activities and
promotion plan must be submitted with a permit application for a winery that will host large
events or an olive oil mill that will host large events. The plan must demonstrate that the
primary use of the land is for agriculture by including a map of the parcel, the location of
agritourism use(s), the location of any other structures, the locations and type of agricultural
activities to be conducted on the parcel, and the total percentage of parcel area engaged in
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agricultural activities. The plan must also describe the agricultural promotion program
associated with the winery or olive oil mill, including how the program will promote local
agriculture and educate guests. (Ord. 2023-__ § 2.)
824-6.0814 Winery Permits and Licenses. In addition to all other permits and licenses required
by this code, state law, and federal law, a winery must have a valid permit and bond issued by
the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by
the Bureau, and a current 02 Winegrowers license issued by the California Department of
Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic
Beverage Control that allow other types of alcohol sales are prohibited. (Ord. 2023-__ § 2.)
824-6.016 Large Events at Wineries and Olive Oil Mills.
(a) Except as otherwise provided for in this section, a winery or olive oil mill may not host a
temporary event under Chapter 82-44, Temporary Events.
(b) A land use permit authorizing a winery or olive oil mill may also authorize the winery or
olive oil mill to host large events, consistent with Chapter 824-12. Large events that are
authorized by a land use permit pursuant to this section are allowed without a separate
permit. (Ord. 2023-__ § 2.)
Chapter 824-8
LODGING IN AGRICULTURAL DISTRICTS
824-8.002 Agritourism Lodging.
(a) Agritourism lodging may be provided only in a legally established residence or legally
established residential accessory structure. Agritourism lodging may not be located
within agricultural employee housing, seasonal or year-round farmworker housing, or
accessory dwelling units.
(b) The minimum parcel size for an agritourism lodging establishment is 10 acres.
(c) The owner of the land on which agritourism lodging is provided, or a tenant farmer, must
reside on the property.
(d) An agritourism lodging establishment may have a maximum of five bedrooms or sleeping
rooms used for lodging.
(e) The maximum overnight occupancy for agritourism lodging is two persons per bedroom
or sleeping room. Children under 18 years of age are not counted toward occupancy.
The maximum number of agritourism lodging guests that may be on the premises at any
one time is 10.
(f) An agricultural lodging establishment may not provide lodging to a guest for more than
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30 consecutive days.
(g) Food Service.
(A) An agricultural lodging establishment may serve food or meals at any time, but
only to registered guests.
(B) The price of food served at a farm stay establishment or bed and breakfast
establishment must be included in the price of the lodging.
(C) No kitchen or kitchenette facilities are allowed in a guest room within an
agritourism lodging establishment.
(h) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the agritourism
lodging establishment is prohibited during quiet hours.
(i) Exterior lighting must be directed downward and away from adjacent properties.
(j) The operator of an agricultural lodging establishment must engage in a program of
agricultural promotion and guest education regarding the agricultural activities on site
and in the area. The program may include active participation in the on-site agricultural
activities as part of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricultural
lodging, including how the program will promote local agriculture and educate guests.
(l) Farm stay establishments. The following additional standard applies to farm stay
establishments: the maximum number of days a farm stay establishment may host guests
in a calendar year is 90 days.
(m) Bed and breakfast establishments. The following additional standards apply to bed and
breakfast establishments.
(1) At least 80 percent of a parcel where a bed and breakfast establishment is located
must be engaged in agricultural activities and kept free of structures.
(2) A bed and breakfast establishment may only be located on a lot served by a retail
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water supplier or within the boundaries of the East Contra Costa County
Groundwater Subbasin. A “retail water supplier” is a public agency, city, county,
or investor-owned water utility regulated by the state Public Utilities Commission
that provides retail water service. A mutual water company is not a retail water
supplier.
(3) In land use districts where a bed and breakfast establishment regulated by this
division would otherwise be a permitted use, it is unlawful to establish a bed and
breakfast establishment if the location of the bed and breakfast establishment is
within one-quarter mile of any parcel occupied by any other bed and breakfast
establishment. For the purposes of this subsection, distance is measured by the
shortest line connecting any point on the property line of the parcel on which the
bed and breakfast establishment will be established to any point on the property
line of the other parcel.
(4) Large events at bed and breakfast establishments.
(A) Except as otherwise provided for in this subsection (4), a bed and breakfast
establishment may not host a temporary event under Chapter 82-44, Temporary
Events.
(B)(3) A land use permit authorizing a bed and breakfast establishment may also
authorize the bed and breakfast establishment to host large events, consistent with
Chapter 824-12. Large events that are authorized by a land use permit pursuant to
this subsection (4) are allowed without a separate permit. (Ord. 2023-__ § 2.)
824-8.004 Agricamping.
(a) Agricamping may be provided only in camping structures, including tent cabins and
yurts, or in travel trailers owned by the property owner. Camping in tents, guest-owned
structures, or guest-owned travel trailers is not allowed.
(b) The minimum parcel size for an agricamping establishment is 10 acres.
(c) The owner of the land on which agricamping is provided, or a tenant farmer, must reside
on the property.
(d) An agricamping establishment may have a maximum of five total camping structures or
travel trailers.
(e) The maximum overnight occupancy for agricamping is two persons per camping
structure or travel trailer. Children under 18 years of age are not counted toward
occupancy. The maximum number of agricamping guests that may be on the premises at
any one time is 10.
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(f) An agricamping establishment may not provide lodging to a guest for more than 30
consecutive days.
(g) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at the agricamping
establishment is prohibited during quiet hours.
(h) Exterior lighting must be directed downward and away from adjacent properties.
(i) An agricamping establishment may serve food or meals at any time, but only to
registered guests. No camp stove, kitchen, or kitchenette facilities are allowed in a
camping structure or travel trailer.
(j) The operator of an agricamping establishment must engage in a program of agricultural
promotion and guest education regarding the agricultural activities on site and in the area.
The program may include active participation in the on-site agricultural activities as part
of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricamping,
including how the program will promote local agriculture and educate guests. (Ord.
2023-__ § 2.)
Chapter 824-10
FOOD SERVICE IN AGRICULTURAL DISTRICTS
824-10.002 Farm Dinners.
(a) Up to 12 farm dinners may be hosted at a property per year.
(b) The maximum number of guests at a farm dinner is 30, except that one farm dinner with a
maximum of 150 guests may be held at a property annually. A farm dinner is not an
event subject to the requirements of Chapter 82-44, Temporary Events.
(c) A farm dinner may be hosted in an existing structure, outdoors on a property, on a patio,
or on a deck. If a farm dinner is hosted in an existing structure, the structure must meet
all building codes and fire codes that apply to the proposed number of guests.
(d) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
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is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a farm dinner is
prohibited during quiet hours.
(e) Exterior lighting must be directed downward and away from adjacent properties.
(f) The host of a farm dinner must engage in a program of agricultural promotion and guest
education regarding the agricultural activities on site and in the area. The program may
include active participation in the on-site agricultural activities as part of the
consideration for the farm dinner.
(g) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the farm dinner,
including how the program will promote local agriculture and educate guests.
(h) This section does not authorize the establishment of a microenterprise home kitchen
operation. Food served at a farm dinner must be prepared in accordance with all
applicable local, state, and federal laws and regulations. (Ord. 2023-__ § 2.)
824-10.004 Farm-to-Table Restaurant.
(a) A farm-to-table restaurant may be established in an existing structure or in a new
structure.
(b) The minimum parcel size for farm-to-table restaurant is 10 acres.
(c) The maximum dining area size in a farm-to-table restaurant is 1,500 square feet.
(d) The maximum dining area capacity in a farm-to-table restaurant is 35 guests.
(e) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the farm-to-table
restaurant is prohibited during quiet hours.
(f) Exterior lighting must be directed downward and away from adjacent properties.
(g) Unless otherwise provided in a land use permit, at least 50 percent of the fruits and
vegetables served at a farm-to-table restaurant must be grown on-site. A land use permit
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may, based the site’s agricultural activities and seasonal impacts on production, authorize
a different percentage of fruits and vegetables grown on-site that must be served at the
farm-to-table restaurant. At least 75 percent of the fruits and vegetables served at a farm-
to-table restaurant must be grown within Contra Costa County.
(h) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also demonstrate how the farm-to-table restaurant will meet the percentage
requirements for fruits and vegetables that must be grown on-site. The plan must also
describe the agricultural promotion program associated with the farm-to-table restaurant,
including how the program will promote local agriculture and educate guests.
(i) At least 80 percent of a parcel where a farm-to-table restaurant is located must be
engaged in agricultural activities and kept free of structures.
(j) A farm-to-table restaurant may only be located on a lot served by a retail water supplier
or within the boundaries of the East Contra Costa County Groundwater Subbasin. A
“retail water supplier” is a public agency, city, county, or investor-owned water utility
regulated by the state Public Utilities Commission that provides retail water service. A
mutual water company is not a retail water supplier.
(k) In land use districts where a farm-to-table restaurant regulated by this division would
otherwise be a permitted use, it is unlawful to establish a farm-to-table restaurant if the
location of the farm-to-table restaurant is within one mile of any parcel occupied by any
other farm-to-table restaurant. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel on which the
farm-to-table restaurant will be established to any point on the property line of the other
parcel.
(l) Large events at farm-to-table restaurants.
(1) Except as otherwise authorized provided for in this subsection (l), a farm-to-table
restaurant may not host a temporary event under Chapter 82-44, Temporary Events.
(2)(k) A land use permit authorizing a farm-to-table restaurant may also authorize the farm-to-
table restaurant to host large events, consistent with Chapter 824-12. Large events that
are authorized by a land use permit pursuant to this subsection (l) are allowed without a
separate permit. (Ord. 2023-__ § 2.)
824-10.006 Mobile Food Vendors.
(a) Except as otherwise provided for in this section, a food truck or other mobile food vendor
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may not operate on any private parcel where an agritourism use is authorized under this
division.
(b) A food truck or other mobile food vendor may operate on a private parcel where an
agritourism use is authorized in any of the following circumstances.
(1) The agritourism use is a grower stand, farm stand, or farm market, and the total
number of days that a food truck or other mobile food vendor operates on the
private parcel does not exceed three days in a calendar year.
(2) A land use permit issued under this division authorizes a food truck or other
mobile food vendor to operate on the private parcel.
(3) The food truck or other mobile food vendor is part of a temporary event
authorized under Chapter 82-44. (Ord. 2023-__ § 2.)
Chapter 824-12
LARGE EVENTS HOSTED BY AGRITOURISM USE ESTABLISHMENTS
824-12.002 Large Events – Authorized. A land use permit authorizing any of the following
agritourism uses may also authorize the agritourism use establishment to host large
events, consistent with this chapter.
(a) A winery.
(b) An olive oil mill.
(c) A bed and breakfast establishment.
(d) A farm-to-table restaurant. (Ord. 2023-__ § 2.)
824-12.004 Location. An agritourism use establishment may not host large events if it is located
on a parcel that is within one mile of any parcel occupied by an agritourism use that is permitted
under this division to host large events. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel that will host large
events to any point on the property line of the other parcel. (Ord. 2023-__ § 2.)
824-12.006 Conditions.
(a) Number of large events.
(1) A land use permit that authorizes large events at an agritourism use establishment
must limit the annual maximum number of large events for the purposes of
maintaining the agricultural nature of the property and reasonably limiting
impacts on neighbors. In imposing conditions regulating the maximum number of
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large events, the zoning administrator may consider the lot size of the event
venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers
between the venue and surrounding properties, the compatibility of large events
with neighboring uses, and the degree to which large events conflict with the
property’s primary use of agriculture.
(2) The number of large events allowed by a land use permit at an agritourism use
establishment may not exceed the following amounts annually.
(A) On a parcel of less than 40 acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is six.
(B) On a parcel of 40 or more acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is 26.
(b) Number of people. A land use permit that authorizes large events at an agritourism use
establishment must limit the maximum number of people allowed at each event for the
purposes of reasonably limiting impacts on traffic, parking, and neighbors. In imposing
conditions regulating the maximum number of people, the zoning administrator may
consider the lot size of the event venue, parking available to serve the event venue,
proximity of surrounding residences, and the location and size of any buildings or other
visual or noise buffers between the venue and surrounding properties.
(c) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours, during which noise must be restricted such that it cannot be
heard from neighboring properties, shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a large event is
prohibited during quiet hours.
(d) Exterior lighting must be directed downward and away from adjacent properties. (Ord.
2023-__ § 2.)
SECTION 3. Chapter 88-20 of the County Ordinance Code is repealed.
SECTION 4. Section 84-38.404 of the County Ordinance Code is amended to read:
84-38.404 Uses—Requiring land use permit. The following uses may be allowed in an A-2
district on the issuance of a land use permit:
(1) Publicly owned parks and playground.
(2) Dude ranches, riding academies and stables, and dog kennels.
(3) Publicly owned buildings and structures, except as provided in Division 82.
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(4) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(5) Wind energy conversion systems. This use is allowed without a land use permit if
used only as an accessory to an allowable residential or agricultural use.
(6) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency
approvals and licenses.
(7) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and
convalescent homes.
(8) Churches, religious institutions, and parochial and private schools.
(9) Community buildings, clubs, and activities of a quasi-public, social, fraternal, or
recreational character, such as golf, tennis or swimming clubs, or veterans' or
fraternal organizations. These uses are prohibited if organized for monetary profit.
(10) One additional single family dwelling.
(11) Medical and dental offices and medical clinics.
(12) Merchandising of agricultural supplies and services incidental to an agricultural
use.
(13) Commercial kitchens or other facilities for creating value-added farm products.
(14) Canneries.
(15) Slaughterhouses and stockyards.
(16) Rendering plants and fertilizer plants or yards.
(17) Livestock auction or sales yards.
(18) Commercial recreational facilities when the principal use is not in a building.
(19) Boat storage facilities within one mile by public road of a boat launching facility
open to the public. Vessels and vessel trailers may be stored in a boat storage
facility. Recreational vehicles may be stored in a boat storage facility as long as
the number of recreational vehicles stored does not exceed fifteen percent of the
total number of storage spaces in the storage facility.
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ORDINANCE NO. 2023-___DRAFT
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(20) Retail firewood sales.
(21) Recycling operations intended to sort or process material for reuse. Junkyards,
defined in Section 88-4.206, are prohibited.
(22) Museums in which objects of historical, artistic, scientific or cultural importance
are preserved and displayed.
(23) A farm market.
(24) Agricultural cold storage plants on parcels less than ten acres in size.
(25) Farmworker housing center.
(26) Commercial cannabis activities that meet the requirements of Chapter 88-28.
(Ords. 2023-XX § 4, 2022-37 § 8, 2018-18 § 5, 2017-14 § 10, 2013-12 § 6, 2009-
12 § 3, 2007-23 § 4, 2003-11 § 3, 94-28 § 2, 89-46 § 2, 76-36 § 3, 7437 § 2, 60-
82, 1988, 1569 § 2: prior code § 8156(b): Ords. 1406 § 3, 497 § 4, 382 § 4E).
SECTION 5. Section 84-42.404 of the County Ordinance Code is amended to read:
84-42.404 Uses—Requiring land use permit. The following uses may be allowed in an A-4
district on the issuance of a land use permit:
(1) Related commercial agricultural uses including the erection or modification of
sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing and
buildings for the storage of agricultural products and equipment.
(2) A farm market.
(3) A detached single-family dwelling on each parcel and the accessory structures
and uses normally auxiliary to it. In no event shall any residential structure be
permitted to be built or additional residential structure be erected on less than
forty acres per unit for non-prime agricultural land, or less than ten acres per unit
of the agricultural land. A separate land use permit is required for one additional
single-family dwelling on the parcel.
(4) Wholesale nurseries and greenhouses.
(5) Hog ranches.
(6) Dairying.
(7) Fur farms.
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(8) Livestock and feed yards.
(9) Poultry raising.
(10) Commercial fish farming.
(11) Commercial kitchens or other facilities for creating value-added farm products.
(12) Canneries.
(13) Mushroom houses.
(14) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(15) Those uses described in Government Code Section 51201(e).
(16) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(17) Farmworker housing center. (Ords. 2023-XX § 5, 2017-14 § 12, 2013-12 § 7,
2007-23 § 6, 2006-19 § 8, 2003-12 § 2, 86-61 § 3, 84-24 § 3, 68-54 § 1 (part),
1968: prior code § 8169(b)).
SECTION 6. Section 84-80.404 of the County Ordinance Code is amended to read:
84-80.404 Uses with land use permit. The following uses may be allowed in an A-20 district
on the issuance of a land use permit:
(1) Merchandising of agricultural supplies and services incidental to agricultural use.
(2) Commercial kitchens or other facilities for creating value-added farm products.
(3) Canneries.
(4) Cold storage plants.
(5) Rendering plants and fertilizer plants or yards.
(6) Livestock auction or sales yards.
(7) Wholesale nurseries and greenhouses.
(8) Mushroom houses.
(9) Processing of milk not produced on premises.
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(10) Dude ranches, riding academies, stables, dog kennels.
(11) Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and
animal hospitals.
(12) Churches, religious institutions, parochial and private schools.
(13) Community buildings, clubs, activities of a quasi-public, social, fraternal or
recreational character.
(14) Medical and/or dental offices and clinics.
(15) Boat storage area within one mile by public road of a public boat launching
facility.
(16) Oil and gas drilling and production including the installation and use of only such
equipment necessary and convenient for drilling and extracting operations.
(17) Commercial radio and television receiving and transmitting facilities other than
broadcasting studios and business offices.
(18) One additional single-family dwelling.
(19) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(20) A farm market.
(21) Farmworker housing center.
(22) Commercial cannabis activities that meet the requirements of Chapter 88-28.
(23) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency
approvals and licenses. (Ords. 2023-XX § 6, 2022-37 § 9, 2018-18 § 5, 2017-14
§ 16, 2013-12 § 9, 2007-23 § 8, 2006-19 § 11, 86-61 § 4, 84-24 § 4, 79-108).
SECTION 74. Section 84-82.404 of the County Ordinance Code is amended to read:
84-82.404 Differences from A-20 district.
The following regulations for A-40 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-40 district for the
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uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-40 district shall be erected or
placed on a lot smaller than 40 acres in area. (Ords. 2023-__ § 74, 2017-14 § 17, 79-
108.)
SECTION 85. Section 84-84.404 of the County Ordinance Code is amended to read:
84-84.404 Differences from A-20 district.
The following regulations for A-80 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-20 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-80 district shall be erected or
placed on a lot smaller than 80 acres in area. (Ords. 2023-__ § 85, 2018-18 § 5, 2017-14
§ 17, 79-108.)
SECTION 96. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting
for or against it in the East Bay Times, a newspaper published in this County.
PASSED on _______________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Monica Nino, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
TLG:
313
ORDINANCE NO. 2024-XX DRAFT
1
ORDINANCE NO. 2024-XX DRAFT
TEMPORARY EVENTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance amends Chapter 82-44 of the County Ordinance Code
to establish specific land use permit conditions for an event venue located in an agricultural zoning
district. This ordinance also establishes noise restrictions applicable to all permitted and
unpermitted events. This ordinance also further regulates commercial events by: prohibiting
unpermitted commercial events; holding commercial event organizers, in addition to property
owners, liable for illegal commercial events; and authorizing Sheriff’s deputies, in addition to code
enforcement officers, to enforce Chapter 82-44.
SECTION II. Section 82-44.206 of the County Ordinance Code is amended to read:
82-44.206 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings:
(a) “Event” means an occasion on private property organized for a particular and limited
purpose and time and is an organized outdoor assemblage that: exceeds 75 persons at a
venue in a residential zoning district or at a venue in an agricultural zoning district or at a
residence in any other zoning district; or exceeds 150 persons at any other venue or location.
“At a residence” means located wholly or in part on a parcel that includes a residence.
“Events” include athletic events, arts and crafts shows, garden parties, carnivals, circuses,
fairs, festivals, musical concerts and other cultural or live entertainment events, and swap
meets. An outdoor assemblage of 75 or fewer persons at a venue in a residential zoning
district or at a venue in an agricultural district or at a residence in any other zoning district,
or 150 or fewer persons at any other venue or location, is not an “event” for purposes of this
ordinance.
(b) “Commercial event” means an event intended to generate financial gain for the sponsors of
the event, or to advertise products, goods, or services. An event that requires paid admission
or charges for parking or that is open or advertised to the general public or that is held at a
venue rented for that purpose is presumed to be a commercial event. An event sponsored by
or intended to benefit any organization that is exempt from taxation under Section 501(c)(3)
or Section 501(c)(4) of the United States Internal Revenue Code is not a commercial event.
(c) “Noise level” means the “A” weighed sound pressure level in decibels obtained by using a
sound level meter at slow meter response with a reference pressure of twenty micropascals.
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2
(d) “Outdoor assemblage” means any assemblage that is not wholly contained within the
interior of a residence. An “outdoor assemblage” includes any assemblage in an accessory
structure, including but not limited to a barn or tent.
(e) “Parade” means a march or procession of people on any county street or right-of-way that
obstructs, delays, or interferes with the normal flow of vehicular traffic, or does not comply
with traffic laws or controls.
(f) “Persons at a venue” means the total of all attendees, invitees, caterers, event monitors,
security, and all other persons who are at an event venue.
(g) “Sound level meter” means an instrument that meets or exceeds American National
Standard Institute's Standard S1.4-1971 for Type 2 sound level meters, or an instrument and
the associated recording and analyzing equipment that will provide equivalent data.
(h) “Temporary event” means an event that occurs for up to one day at a residence or in a
residential zoning district, or up to three consecutive days at any other location.
(i) “Venue” means the site, lot, parcel, contiguous lots or parcels under common ownership,
location, area, or facility where an event is held or is proposed to be held. (Ords. 2024-XX §
2, 2010-11 § 2, 2005-25 § 2.)
SECTION III. Section 82-44.406 of the County Ordinance Code is amended to read:
82-44.406 Restrictions.
(a) No two events may be held at the same venue with fewer than seven days between events.
(b) No commercial event may be held in a residential zoning district.
(c) All events, whether or not a permit is required under this chapter, are subject to the
following noise restrictions:
(1) No event may exceed the noise levels specified in Section 82-44.410.
(2) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through
Thursdays and after 10:00 p.m. Fridays, Saturdays, and holidays. (Ords. 2024-XX §
3, 2005-25 § 2.)
SECTION IV. Subsection (b)(2) of Section 82-44.410 (Conditions) of the County Ordinance Code
is amended to read:
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3
(2) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and
after 10:00 p.m. Fridays, Saturdays, and holidays. A temporary event permit shall not allow
the use of amplified sound after these hours.
(Ords. 2024-XX § 4, 2005-25 § 2.)
SECTION V. Section 82-44.416 (Land use permit required) of the County Ordinance Code is
amended by adding the following subsection (f):
(f) The following conditions shall apply to the issuance of a land use permit for an event venue
located in an agricultural zoning district.
(1) A land use permit that authorizes events at a venue located in an agricultural zoning
district may only be issued if the authorized events are an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206, and the zoning
administrator finds that the proposed events will promote the vitality of agriculture in
the area. If a property is located in an agricultural zoning district but the property is
not used for agriculture, or the zoning administrator does not find that the proposed
events will promote the vitality of agriculture in the area, then no land use permit
authorizing events at the property will be issued.
(2) Number of events. A land use permit that authorizes events at a venue located in an
agricultural zoning district must limit the annual maximum number of events for the
purposes of maintaining the agricultural nature of the property and reasonably
limiting impacts on neighbors. In imposing conditions regulating the maximum
number of events, the zoning administrator may consider the lot size of the event
venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers
between the venue and surrounding properties, the compatibility of events with
neighboring uses, and the degree to which events conflict with the property’s
primary use of agriculture. On a parcel of less than 40 acres, the maximum number
of events per calendar year that may be authorized by a land use permits six. On a
parcel of 40 or more acres, the maximum number of events per calendar year that
may be authorized by a land use permits is 26.
(3) Number of people. A land use permit that authorizes events at a venue located in an
agricultural zoning district must limit the maximum number of people allowed at
each event for the purposes of reasonably limiting impacts on traffic, parking, and
neighbors. In imposing conditions regulating the maximum number of people, the
zoning administrator may consider the lot size of the event venue, parking available
to serve the event venue, proximity of surrounding residences, and the location and
size of any buildings or other visual or noise buffers between the venue and
surrounding properties.
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(4) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through
Thursdays and after 10:00 p.m. Fridays, Saturdays, and holidays. A land use permit
for an event venue located in an agricultural zoning district shall not allow the use of
amplified sound after these hours.
(5) Exterior lighting must be directed downward and away from adjacent properties.
(Ords. 2024-XX § 5, 2010-11 § 6, 2005-25 § 2.)
SECTION VI. Section 82-44.418 of the County Ordinance Code is amended to read:
(a) An event may be monitored by law enforcement and code enforcement officials to
determine compliance with the terms and conditions of the permit.
(b) A temporary event permit may be revoked for any violation of any term or condition that
occurs at an event or for any other reason specified in Section 26-2.2022. A revocation may
be appealed to the board of supervisors within seven days of the revocation.
(c) This chapter may be enforced by any remedy allowed under the Contra Costa County
Ordinance Code or any other remedy allowed by law. These remedies include, but are not
limited to, administrative fines, infraction citations, and cease and desist (abatement) orders.
(d) The following officials and their designees are authorized to enforce this chapter:
(1) Director of Conservation and Development.
(2) Sheriff.
(e) Nothing in this chapter is intended to preclude the enforcement by any Sheriff’s deputy of
Penal Code section 415, the disturbing the peace statute. (Ords. 2024-XX § 6, 2005-25 § 2).
SECTION VII. Section 82-44.420 is added to the County Ordinance Code, to read:
82-44.420 Responsible party liability.
(a) A person violates this chapter if an event that violates this chapter is held on property that
the person owns, rents, leases, or otherwise has possession of, regardless of whether the
person is present when the violation occurs.
(b) A person violates this chapter if an event that the person organizes, supervises, sponsors,
conducts, allows, or controls violates this chapter. (Ord. 2024-XX § 7.)
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ORDINANCE NO. 2024-XX DRAFT
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SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting for or
against it in the East Bay Times, a newspaper published in this County.
PASSED on ___________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: MONICA NINO, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
KCK:
318
Title 8 - ZONING
Division 82 - GENERAL REGULATIONS
Chapter 82-44 TEMPORARY EVENTS
Contra Costa County, California, Ordinance Code Created: 2023-10-02 16:34:07 [EST]
(Supp. No. 98, Update 3)
Page 1 of 10
Chapter 82-44 TEMPORARY EVENTS
Sections:
Article 82-44.2. General Provisions
82-44.202 Title.
This chapter is known as the Temporary Events Ordinance of Contra Costa County.
(Ord. 2005-25 § 2).
82-44.204 Purpose.
The purpose of this chapter is to establish procedures for evaluating, permitting, and regulating short-term
activities and events that are conducted on private property and generate or invite considerable public
participation, invitees, or spectators. Because these land uses are temporary, they have negligible or no
permanent effect on the environment, and their potential impact on adjoining properties is either minimal or can
be offset by conditions. The procedures authorize the zoning administrator to approve permits for temporary
events and to require permit conditions or deny permits when necessary to protect the public. The procedures are
necessary to protect and promote the health, safety, and welfare of the public, temporary event participants, and
nearby residents. The procedures are intended to minimize the impacts of temporary events on the normal free
flow of vehicular and pedestrian traffic, to minimize the impacts of noise from temporary events, to protect the
safety of property, and to minimize disturbance and inconvenience to neighbors, neighboring properties and
neighborhoods.
(Ord. 2005-25 § 2).
82-44.206 Definitions.
For purposes of this chapter, the following words and phrases have the following meanings:
(a) "Event" means an occasion on private property organized for a particular and limited purpose and time
and is an organized outdoor assemblage that: exceeds 75seventy-five persons at a venue in a
residential zoning district or at a venue in an agricultural zoning district or at a residence in any other
zoning district;, or exceeds 150one hundred fifty persons at any othera venue or locationin any other
zoning district. “At a residence” means located wholly or in part on a parcel that includes a residence.
“Events” include athletic events, arts and crafts shows, garden parties, carnivals, circuses, fairs,
festivals, musical concerts and other cultural or live entertainment events, and swap meets. "Persons
at a venue" means the total of all attendees, invitees, caterers, event monitors, security, and all other
persons who are at an event venue. An outdoor assemblage of 75seventy-five or fewer personspeople
at a venue in a residential zoning district or at a venue in an agricultural zoning district or at a residence
in any other zoning district, or 150one hundred fifty or fewer personspeople at any othera venue or
locationin any other zoning district, is not an "event" for purposes of this ordinance.
(b) "Commercial event" means an event intended to generate financial gain for the sponsors of the event,
or to advertise products, goods, or services. An event that requires paid admission or charges for
parking or that is open or advertised to the general public is presumed to be a commercial event. An
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(Supp. No. 98, Update 3)
Page 2 of 10
event sponsored by or intended to benefit any organization that is exempt from taxation under Section
501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code is not a commercial event.
(c) "Noise level" means the "A" weighed sound pressure level in decibels obtained by using a sound level
meter at slow meter response with a reference pressure of twenty micropascals.
(d) “Outdoor assemblage” means any assemblage that is not wholly contained within the interior of a
residence. An “outdoor assemblage” includes any assemblage in an accessory structure, including but
not limited to a barn or tent.
(e) "Parade" means a march or procession of people on any county street or right-of-way that obstructs,
delays, or interferes with the normal flow of vehicular traffic, or does not comply with traffic laws or
controls.
(fe) "Persons at a venue" means the total of all attendees, invitees, caterers, event monitors, security, and
all other persons who are at an event venue.
(g) "Sound level meter" means an instrument that meets or exceeds American National Standard
Institute's Standard S1.4-1971 for Type 2 sound level meters, or an instrument and the associated
recording and analyzing equipment that will provide equivalent data.
(hf) "Temporary event" means an event that occurs for up to one day at a residence or in a residential
zoning district, or up to three consecutive days at any other location.
(jg) "Venue" means the site, lot, parcel, contiguous lots or parcels under common ownership, location,
area, or facility wherefor which an event is held or is proposed to be held.
(Ords. No. 2024-XX § 2, 2010-11, § 2II, 7-13-10; Ord. 2005-25 § 2).
Article 82-44.4. Permits
82-44.402 Temporary event permit required.
The following uses are allowed in any zoning district only after the issuance of a temporary event permit:
(a) A temporary event, unless the temporary event is exempt from the requirement to obtain a temporary
event permit or a land use permit is required for the event.
(b) Retail sales of Christmas trees between Thanksgiving and December 26;
(c) Retail sales of pumpkins between October 1 and October 31.
(Ord. No. 2010-11, § III, 7-13-10; Ord. 2005-25 § 2).
82-44.404 Exemptions.
The following activities are exempt from the permit requirements of this chapter:
(a) An event held on public property, in a public facility, or in a public park, provided all other permits and
licenses required by this code or state law are obtained, including encroachment permits,
environmental health permits, and state alcoholic beverage control permits.
(b) An event held in a public right-of-way, including a funeral procession or parade, provided all other
permits and licenses required by this code or state law are obtained, including encroachment permits,
environmental health permits, and state alcoholic beverage control permits.
(c) An activity conducted by a governmental agency acting within the scope of its authority.
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Page 3 of 10
(d) Weddings, birthday parties, graduation parties, or other family events held at a private residence,
provided that no more than four of these events are held within a twelve-month period.
(e) An event held at a members-only nonresidential facility where the only participants are members and
their guests.
(f) An event held at a school, provided the event is consistent with the underlying land use entitlement.
(g) An event held at a religious entity's facility, provided the event is consistent with the underlying land
use entitlement.
(h) A film-making activity for which a filming permit has been obtained in accordance with Chapter 56-8 of
this code.
(i) Car washes for fund raising purposes, provided that the car washes are held on private property other
than a residence, are limited to a maximum of two days each month for each sponsoring organization,
and are sponsored by an educational, charitable, religious, or nonprofit group.
(j) Garage sales held at a private residence, provided that sales occur no more than four times within a
twelve-month period per residence, for a maximum of two consecutive days each.
(k) A real estate open house, where a property is for sale, lease or rent.
(Ord. 2005-25 § 2).
82-44.406 Restrictions.
(a) No two events mayshall be held at the same venue with fewer than seven days between events.
(b) No commercial event mayshall be held in a residential zoning district or at a residence in any other zoning
district.
(c) All events, whether or not a permit is required under this chapter, are subject to the following noise
restrictions:
(1) No event may exceed the noise levels specified in Section 82-44.410.
(2) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and after 10:00
p.m. Fridays, Saturdays, and holidays.
(Ords. 2024-XX § 3, 2005-25 § 2).
82-44.408 Application and review.
(a) Any person, entity, business, or group wishing to hold, sponsor, conduct, operate or maintain a temporary
event shall submit a completed temporary event permit application to the department of conservation and
development. The application form shall be signed and verified by the applicant, if an individual; a general
partner authorized to sign on behalf of a partnership; an officer or director authorized to sign on behalf of a
corporation; or a participant authorized to sign on behalf of a joint venture or association. The applicant
must be a qualified applicant pursuant to Section 26-2.1604.
(b) An application is not complete unless it includes all of the following information:
(1) The name, address, and telephone number of the applicant and an alternate contact person.
(2) If the event is proposed to be a commercial event, the name, address and telephone number of the
organization, and the authorized head of the organization. If the event is sponsored by or intended to
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benefit a non-profit organization, certification that the organization is exempt from taxation under
Section 501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code. The purpose of this
requirement is to ensure that commercial events are not held in residential zoning districts or at
residences in any other zoning district. The name of the non-profit organization is not required to be
indicated on the permit application. For a period of ninety days following the event, the applicant must
retain records indicating the name of the organization that the event is sponsored by or intended to
benefit.
(3) The name, address and telephone number of the person who will be present and in charge of the event
on the day of the event.
(4) The type of event (e.g., a concert or arts and crafts show).
(5) Date and estimated starting and ending time of the event, including the time required to prepare and
clean up the venue.
(6) Location of the event, including its street address and assessor's parcel number.
(7) Estimated number of attendees or participants at the event.
(8) The type and estimated number of vehicles and structures that will be used at the event, if any.
(9) Description of any sound amplification equipment that is proposed for use at the event.
(10) Whether any food will be served or sold at the event and, if applicable, the time and manner in which
caterers and catering trucks will be used.
(11) Whether any beverages, including alcoholic beverages, will be served or sold at the event, and whether
any such sales will be wholesale or retail.
(12) Whether security will be employed at the event.
(13) Parking, traffic control, and crowd control measures proposed for the event.
(14) The number and type of events held at the venue in the preceding twenty-four months.
(15) A site plan showing the size and location of property lines, sidewalks, streets, and improvements on
adjacent properties, clearly labeled and drawn to scale.
(16) The time and acts required to prepare the venue for the event and the time and acts required following
the event to clean up and restore the regular use of the property or venue.
(17) The type and location of on-site restrooms.
(c) An application must be submitted at least forty-five days before the proposed event. The department of
conservation and development will have five calendar days to determine whether an application is complete.
If the application is incomplete, the applicant will be notified and will have five days from the date of
notification to provide all of the information required for a complete application. The zoning administrator
will have ten days after submission of a complete application to decide on the application. The zoning
administrator shall approve a complete permit application and issue a permit unless one or more grounds for
denial exists.
(d) No event permit application shall be denied on any grounds except for any of the following:
(1) Information contained in the application is found to be false in any material detail.
(2) The applicant fails to timely file the application form or fails to complete and submit the application
form within five calendar days after having been notified of the additional information or documents
required for a complete application.
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(3) A violation of any term or condition of a temporary event permit previously issued within the
preceding twenty-four months to the applicant or for the private property venue.
(4) Another temporary event permit application has been received prior in time, or has already been
approved, to hold another event at the same time and place requested by the applicant, or so close in
time and place as to cause undue traffic congestion.
(5) The time, route, characteristics, or size of the event will substantially interrupt the safe and orderly
movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when
it is usually subject to great traffic congestion.
(6) The concentration of persons, animals, or vehicles at the site of the event, or the assembly and
disbanding areas around an event, will prevent proper police, fire, or ambulance services to the venue
and areas contiguous to the event.
(7) The location of the event will substantially interfere with a previously granted encroachment permit or
with any previously scheduled construction or maintenance work scheduled to take place upon or
along county streets.
(8) The proposed event is not allowed under the terms of a previously issued county land use permit.
(9) A temporary event permit previously issued within the preceding twenty-four months to the applicant
or for the specific private property venue was revoked.
(10) Failure to pay an outstanding fine owed for an event previously held at the venue or owed by the
applicant for any event held at any location.
(11) When the grounds for denial of an application for permit specified in subsections (4) through (7),
above, can be mitigated by altering the date, time, duration, size, route, or location of the event, the
zoning administrator shall conditionally approve the application upon the applicant's acceptance of
conditions for permit issuance instead of denying the application. If the grounds for denial cannot be
mitigated by imposing conditions, the permit will be denied.
(e) If the zoning administrator issues a permit, notice of the permit issuance and permit conditions will be
mailed to all properties within three hundred feet of the event venue.
(f) The zoning administrator's decision on the issuance of a permit may be appealed to the conservation and
development director. The applicant may appeal the denial of a permit and may appeal any conditions
imposed on a permit. Any person affected by any time, place, or manner conditions imposed on a permit
may appeal only the permit conditions. Any person other than the applicant who appeals any time, place, or
manner conditions must specify which conditions are being appealed. An appeal must be in writing, must be
filed within five days of the zoning administrator's decision on the permit, and must include an appeal fee.
An appeal hearing will be scheduled before the conservation and development director. The director's
decision will be made at least ten days before the date of the proposed event. The director's decision
following an appeal hearing is final for purposes of exhaustion of administrative remedies.
(g) An application may be submitted less than forty-five days before the proposed event if the proposed event is
a response to a current occurrence whose timing did not allow the applicant to file a timely application. An
application submitted under this section must specify the date of the occurrence to which the proposed
event is responding. If a complete application is filed less than forty-five days before the proposed event, the
zoning administrator shall issue a decision as soon as reasonably practicable. Any appeal must be filed within
three days of the zoning administrator's decision. The conservation and development director's decision on
the appeal will be made at least five days before the date of the proposed event.
(h) Exemption.
(1) No temporary event permit is required for an event held at a venue in a residential zoning district if:
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(A) Three or fewer events are held at the venue within a twelve-month period; and
(B) For properties forty thousand square feet or greater in size, two hundred or fewer total people
will be present at the event; and
(C) For properties less than forty thousand square feet in size, one hundred twenty-five or fewer
total people total will be present at the event.
(2) An event at a residence that is exempt under this subsection (h) from the requirement to obtain a
temporary event permit must comply with the following standards and requirements:
(A) The sound levels at the event cannot exceed the levels specified in subsection (b)(1) of section
82-44.410.
(B) On-site restrooms must be provided at the event.
(C) Dedicated remote parking for the event sufficient to accommodate attendees must be available
if the adjacent streets do not have a graded or paved eight-foot-wide should for parking, and if
parking for all attendees is unable to occur on-site.
(D) At least ten days before the event, the property owner must inform the department of
conservation and development in writing of the time, date, and location of the event.
(E) At least ten days before the event, the property owner must send a notice to all property
occupants within two hundred feet of the event venue of the time, date, and location of the
event.
(3) The exemption under this subsection (h) does not apply if:
(A) Four or more events are held at a venue in a residential district in a twelve-month period.
(B) One of the standards or requirements specified in subsection (h)(2) was violated at a previous
event within the previous twelve months.
(C) More than two hundred people will be at an event in a residential district if the property is forty
thousand square feet or more in size.
(D) More than one hundred twenty-five people will be at an event in a residential district if the
property is less than forty thousand square feet in size.
(Ord. No. 2010-11, § IV, 7-13-10; Ord. 2005-25 § 2).
82-44.410 Conditions.
(a) The zoning administrator may condition the issuance of a temporary events permit by imposing any of the
following requirements concerning the time, place, and manner of the event. The zoning administrator may
consult with public works, fire, and law enforcement officials and may impose time, place, and manner
conditions that are requested by those officials, provided the requested conditions are among the conditions
specified below. No conditions other than those specified below may be placed on a permit. Conditions may
not restrict expressive activity or the content of speech.
(1) Alteration of the date, time, route or location of the event proposed on the application.
(2) Conditions concerning accommodation of pedestrian or vehicular traffic.
(3) Conditions concerning parking, including, but not limited to, requirements for the use of shuttles from
parking areas to the venue.
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(4) Conditions concerning traffic control, including, but not limited to, requirements for the use of traffic
cones or barricades.
(5) Requirements for provision of on-site restrooms.
(6) Requirements for use of security responsible for crowed control, fire watch, general security, and
evacuation of occupants.
(7) Conditions concerning maximum occupancy, based on the size of the venue and for purposes of
minimizing impacts on traffic and parking. In imposing conditions concerning maximum occupancy, the
zoning administrator may consider the lot size of the event venue, proximity of surrounding residences,
density of the underlying zoning district, and the location and size of any buildings between the venue
and surrounding properties.
(8) Restrictions on the number and type of structures at the event, and inspection and approval of
structures.
(9) Compliance with animal protection ordinances and laws.
(10) Requirements for use of garbage containers and cleanup.
(11) Conditions limiting the duration of time and hours of the event (including the time to prepare and
clean up the venue) in order to minimize impacts on traffic and parking.
(12) Time, place, and manner restrictions on the use of amplified sound. The use of amplified sound is
prohibited in a residential district unless allowed as a condition of a temporary event permit.
(b) When a temporary event permit is granted for any event in a residential zoning district or at a residence in
any other zoning district, it is granted subject to the following conditions:
(1) The event shall not generate or emit any noise or sound that exceeds any of the levels specified in the
table below measured at the exterior of any dwelling unit located on another residential property. The
noise generated or emitted shall not exceed the levels specified in the table for the duration of time
specified in the table. Exterior noise levels shall be measured with a sound level meter. The permit shall
incorporate the applicable "allowable exterior noise levels" specified in the table into the permit
conditions only for the duration of time allowed for the event by the permit. For example, if the permit
provides that an event shall end by seven p.m., the "allowable exterior noise levels" allowed between
nine a.m. and eight p.m. shall be incorporated into the conditions, but the event must end by seven
p.m.
Allowable Exterior Noise Levels
Cumulative
Duration of Noise
9 a.m. - 8 p.m. 8 p.m. - 10 p.m.
30 minutes per
hour
60 dBA 55 dBA
15 minutes per
hour
65 dBA 60 dBA
5 minutes per
hour
70 dBA 65 dBA
1 minute per
hour
75 dBA 70 dBA
Level not to be
exceeded at any
time
80 dBA 75 dBA
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(2) Amplified sound by any device is prohibited after 8:00eight p.m. Sundays through Thursdays and after
10:00ten p.m. Fridays, Saturdays, and holidays. A temporary event permit shall not allow the use of
amplified sound after these hours.
(Ords. No. 2024-XX § 4, 2010-11, § 5V, 7-13-10; Ord. 2005-25 § 2).
82-44.412 Duration.
A temporary event permit is valid only for one event. A temporary event permit is valid only for the time or
times specified in the permit. A temporary event permit lapses if not used within the time or times specified.
(Ord. 2005-25 § 2).
82-44.414 Other permits and licenses.
(a) The issuance of a temporary event permit does not relieve anyone from the obligation to obtain any other
permit or license required by this code or state law, including, but not limited to, encroachment permits,
environmental health permits, and state alcoholic beverage control permits.
(b) The issuance of any other permit or license does not relieve anyone from the obligation to obtain a
temporary event permit pursuant to this chapter.
(Ord. 2005-25 § 2).
82-44.416 Land use permit required.
(a) A land use permit is required for an event if any of the following occur:
(1) Three events that required a temporary event permit, or three events at a venue in a residential zoning
district that were exempt from obtaining a permit under subsection (h) of Section 82-44.408, were
previously held at a venue within the preceding twelve months.
(2) Four or more events will be held at a venue in a twelve-month period.
(3) Three or more events will be held at a venue within a forty-five-day period.
(4) An event will last more than one day at a venue in a residential zoning district or at a residence in any
other zoning district, or will last more than three consecutive days at any other location.
(5) More than three hundred people will be present at an event at a venue in a residential zoning district
or an event at a residence in any other zoning district.
(6) A temporary event permit previously issued to the applicant or for the venue was revoked within the
preceding twenty-four months.
(b) It is a violation of this section if the number of people present at an event exceeded a size threshold specified
in subsection (a) above, and a land use permit was not obtained before the event. For purposes of this
section, "the number of people present at an event" means the total of all attendees, invitees, caterers,
event monitors, security, and all other persons who are at the event venue.
(c) If a land use permit or building permit is required for a structure associated with a temporary event, then no
event may be held at the venue without a land use permit.
(d) An application for a land use permit will be decided in accordance with Article 26-2.20 of this code.
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(e) No conditions that restrict expressive activity or the content of speech may be imposed on any land use
permit issued for an event.
(f) The following conditions shall apply to the issuance of a land use permit for an event venue located in an
agricultural zoning district.
(1) A land use permit that authorizes events at a venue located in an agricultural zoning district may only
be issued if the authorized events are an accessory use on a property that is used for agriculture, as
defined in Section 82-4.206, and the zoning administrator finds that the proposed events will promote
the vitality of agriculture in the area. If a property is located in an agricultural zoning district but the
property is not used for agriculture, or the zoning administrator does not find that the proposed events
will promote the vitality of agriculture in the area, then no land use permit authorizing events at the
property will be issued.
(2) Number of events. A land use permit that authorizes events at a venue located in an agricultural
zoning district must limit the annual maximum number of events for the purposes of maintaining the
agricultural nature of the property and reasonably limiting impacts on neighbors. In imposing
conditions regulating the maximum number of events, the zoning administrator may consider the lot
size of the event venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers between the venue
and surrounding properties, the compatibility of events with neighboring uses, and the degree to
which events conflict with the property’s primary use of agriculture. On a parcel of less than 40 acres,
the maximum number of events per calendar year that may be authorized by a land use permit is six.
On a parcel of 40 or more acres, the maximum number of events per calendar year that may be
authorized by a land use permit is 26.
(3) Number of people. A land use permit that authorizes events at a venue located in an agricultural
zoning district must limit the maximum number of people allowed at each event for the purposes of
reasonably limiting impacts on traffic, parking, and neighbors. In imposing conditions regulating the
maximum number of people, the zoning administrator may consider the lot size of the event venue,
parking available to serve the event venue, proximity of surrounding residences, and the location and
size of any buildings or other visual or noise buffers between the venue and surrounding properties.
(4) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and after 10:00
p.m. Fridays, Saturdays, and holidays. A land use permit for an event venue located in an agricultural
zoning district shall not allow the use of amplified sound after these hours.
(5) Exterior lighting must be directed downward and away from adjacent properties.
(Ords. No. 2024-XX § 5, 2010-11, § 6VI, 7-13-10; Ord. 2005-25 § 2).
82-44.418 Enforcement.
(a) An event may be monitored by law enforcement and code enforcement officials to determine compliance
with the terms and conditions of the permit.
(b) A temporary event permit may be revoked for any violation of any term or condition that occurs at an event
or for any other reason specified in Section 26-2.2022 of this code. A revocation may be appealed to the
board of supervisors within seven days of the revocation.
(c) This chaptere county may be enforced this division by any remedy allowed under the Contra Costa Countyis
oOrdinance cCode or any other remedy allowed by law. These remedies include, but are not limited to,
administrative fines, infraction citations, and cease and desist (abatement) orders.
(d) The following officials and their designees are authorized to enforce this chapter:
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(1) Director of Conservation and Development.
(2) Sheriff.
(e) Nothing in this chapter is intended to preclude the enforcement by any Sheriff’s deputy of Penal Code
section 415, the disturbing the peace statute.
(Ords. 2024-XX § 6, 2005-25 § 2).
82-44.420 Responsible party liability.
(a) A person violates this chapter if an event that violates this chapter is held on property that the person owns,
rents, leases, or otherwise has possession of, regardless of whether the person is present when the violation
occurs.
(b) A person violates this chapter if an event that the person organizes, supervises, sponsors, conducts, allows,
or controls violates this chapter.
(Ord. 2024-XX § 7).
Article 82-44.6. Fees and Costs
82-44.602 Application fee.
A nonrefundable application fee for a temporary event permit shall be paid when the application is
submitted. An application for a temporary event permit is not complete until the application fee is paid.
(Ord. 2005-25 § 2).
82-44.604 General.
(a) Permit application fees, regulatory fees, inspection fees, and appeal fees will be in amounts established by
the board of supervisors in the community development department's fee schedule.
(b) Fees required under this chapter are in addition to any other fee required under any other chapter of this
code or any other county, state or federal law or regulation.
(Ord. 2005-25 § 2).
328
329
330
331
332
AGRITOURISM ORDINANCE
C ONTRA C OSTA C OUNTY B OARD OF S UPERVISORS M ARCH 5, 2024
333
TIMELINE
December 20, 2016: Board of Supervisors authorized the Department of Conservation and Development (DCD), to identify specific actions the County could take to further promote and incentivize agricultural sustainability and economic vitality.
February 13, 2018: Board authorized DCD to convene a series of open, public meetings with persons and groups interested in the policy reform topic.
2018-2019: 12 public meetings held in Martinez, Danville, Knightsen. Iteratively developed Report on Reforming Agricultural Land Use Policies during the course of these meetings.
February 4, 2020: Board accepted the Recommendations on Reforming Agricultural Land Use Policies Report.
February 22, 2023: Presented Draft Agritourism Ordinance to the County Planning Commission
June 7, 2023: Presented revised Draft Agritourism Ordinance to the County Planning Commission
January 24, 2024: Presented revised Draft Agritourism Ordinance and amended Temporary events Ordinance to the County Planning Commission.
2 334
FEBRUARY 2020
REPORT ON
RECOMMENDATIONS
ON REFORMING
AGRICULTURAL LAND
USE POLICIES TO
IMPROVE BOTH
ECONOMIC VITALITY
AND SUSTAINABILITY
18 recommendations to promote
and preserve agriculture
Enable and set standards for various types of
agritourism uses
lodging accommodations
food service
updating County’s winery policies
hosting large events
Promote agriculture in Contra Costa County
equestrian and bike trails to connect farms
allowing equestrian facilities within additional
agricultural districts
additional funding for signage to promote
agriculture in the County
updating the County’s Sign Ordinance
3 335
Recommendations (Continued)
Broader policy reforms
establishing mitigation requirements
for conversion of agricultural land,
new efforts to address rural blight and
illegal dumping,
opportunities to reduce impacts of
rural development on agriculture,
facilitate communication between
farming community and regulatory
agencies,
improve permitting for agricultural
uses
consider a noise ordinance
4
FEBRUARY 2020
REPORT ON
RECOMMENDATIONS
ON REFORMING
AGRICULTURAL LAND
USE POLICIES TO
IMPROVE BOTH
ECONOMIC VITALITY
AND SUSTAINABILITY
336
INITIAL ACCOMPLISHMENTS
Spring and Summer of 2022 the Board adopts an urgency
ordinance related to temporary events and approves
increased fines for violations to provide additional tools
for deterring unregulated commercial parties in
agricultural areas;
County’s Illegal Dumping Initiative launched and receives
Measure X allocation in 2021;
County’s sign ordinance updated in 2022 including
provisions intended to facilitate signage for farms that
can be visited by the public.
5 337
AGRITOURISM ORDINANCE
KEY COMPONENTS
6
Allow and set standards for a variety of agritourism
uses that are accessory to a primary agricultural use
Incorporates the County’s current regulations
regarding grower stands, farm stands, farm markets
as additional agritourism uses
Update County’s Winery and Olive Oil Mill policies
Allow stables in A-40 and A-80 zoning districts with
the issuance of a land use permit
338
PERMITTING
Ministerial Permit
farm stand
farm stay
farm dinner
small winery without a tasting/on-
site sales area and that will not
host large events
small olive oil mill without a
tasting/on-site sales area and that
will not host large events
A land use permit would be required to establish
three or more of the above-listed uses on the same lot.
Land Use Permit
agricamping
bed and breakfast
farm market
farm-to-table restaurant
large olive oil mill
large winery
small olive oil mill with a tasting/
on-site sales area
small winery with a tasting/
on-site sales area
7 339
REQUIREMENTS FOR LODGING AND FOOD
SERVICE USES
Minimum lot area, maximum guests, maximum
sales/floor area, frequency of activities
Noise restriction – quiet hrs: 10 pm – 7 am
Exterior light directed downward and away from
properties
Agricultural promotion and guest education
*Requirements are for the following uses: Farm Stay, Agricamping, Bed and Breakfast,
Farm Dinner, and Farm to Table.
8 340
ADDITIONAL REQUIREMENTS FOR BED AND
BREAKFAST AND FARM-TO-TABLE USES
9
At least 80% of parcel is engaged in agricultural activities
and kept free of structures shown on a farm plan
Served by a retail water supplier or within boundaries of
the East Contra Costa County Groundwater Subbasin
Minimum distance between certain agritourism uses
Minimum requirements for food grown on-site and within
CCC
341
REQUIREMENTS FOR WINERIES AND OLIVE
OIL MILLS
10
Minimum 25% of production must be from fruit grown on-
site.
Minimum 50% of production must be from fruit grown
CCC
342
STAFF RECOMMENDATIONS
1.OPEN the public hearing on Ordinance No. 2024-06;
RECEIVE testimony; and CLOSE the public hearing.
2.ADOPT Ordinance No. 2024-06, authorizing and
establishing standards for agritourism uses in agricultural
zoning districts.
3.DETERMINE that adoption of Ordinance No. 2024-06 is
exempt from CEQA under CEQA Guidelines Sections
15061(b)(3) (common sense exemption).
4.Direct staff to file a Notice of Exemption with the County
Clerk.
11 343
Questions
12 344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
ORDINANCE NO. 2024-07
1
ORDINANCE NO. 2024-07
TEMPORARY EVENTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance amends Chapter 82-44 of the County Ordinance Code
to establish specific land use permit conditions for an event venue located in an agricultural zoning
district. This ordinance also establishes noise restrictions applicable to all permitted and
unpermitted events. This ordinance also further regulates commercial events by: prohibiting
unpermitted commercial events; holding commercial event organizers, in addition to property
owners, liable for illegal commercial events; and authorizing Sheriff’s deputies, in addition to code
enforcement officers, to enforce Chapter 82-44.
SECTION II. Section 82-44.206 of the County Ordinance Code is amended to read:
82-44.206 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings:
(a) “Event” means an occasion on private property organized for a particular and limited
purpose and time and is an organized outdoor assemblage that: exceeds 75 persons at a
venue in a residential zoning district or at a venue in an agricultural zoning district or at a
residence in any other zoning district; or exceeds 150 persons at any other venue or location.
“At a residence” means located wholly or in part on a parcel that includes a residence.
“Events” include athletic events, arts and crafts shows, garden parties, carnivals, circuses,
fairs, festivals, musical concerts and other cultural or live entertainment events, and swap
meets. An outdoor assemblage of 75 or fewer persons at a venue in a residential zoning
district or at a venue in an agricultural district or at a residence in any other zoning district,
or 150 or fewer persons at any other venue or location, is not an “event” for purposes of this
ordinance.
(b) “Commercial event” means an event intended to generate financial gain for the sponsors of
the event, or to advertise products, goods, or services. An event that requires paid admission
or charges for parking or that is open or advertised to the general public or that is held at a
venue rented for that purpose is presumed to be a commercial event. An event sponsored by
or intended to benefit any organization that is exempt from taxation under Section 501(c)(3)
or Section 501(c)(4) of the United States Internal Revenue Code is not a commercial event.
(c) “Noise level” means the “A” weighed sound pressure level in decibels obtained by using a
sound level meter at slow meter response with a reference pressure of twenty micropascals.
(d) “Outdoor assemblage” means any assemblage that is not wholly contained within the
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ORDINANCE NO. 2024-07
2
interior of a residence. An “outdoor assemblage” includes any assemblage in an accessory
structure, including but not limited to a barn or tent.
(e) “Parade” means a march or procession of people on any county street or right-of-way that
obstructs, delays, or interferes with the normal flow of vehicular traffic, or does not comply
with traffic laws or controls.
(f) “Persons at a venue” means the total of all attendees, invitees, caterers, event monitors,
security, and all other persons who are at an event venue.
(g) “Sound level meter” means an instrument that meets or exceeds American National
Standard Institute's Standard S1.4-1971 for Type 2 sound level meters, or an instrument and
the associated recording and analyzing equipment that will provide equivalent data.
(h) “Temporary event” means an event that occurs for up to one day at a residence or in a
residential zoning district, or up to three consecutive days at any other location.
(i) “Venue” means the site, lot, parcel, contiguous lots or parcels under common ownership,
location, area, or facility where an event is held or is proposed to be held. (Ords. 2024-07 §
2, 2010-11 § 2, 2005-25 § 2.)
SECTION III. Section 82-44.406 of the County Ordinance Code is amended to read:
82-44.406 Restrictions.
(a) No two events may be held at the same venue with fewer than seven days between events.
(b) No commercial event may be held in a residential zoning district.
(c) All events, whether or not a permit is required under this chapter, are subject to the
following noise restrictions:
(1) No event may exceed the noise levels specified in Section 82-44.410.
(2) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through
Thursdays and after 10:00 p.m. Fridays, Saturdays, and holidays. (Ords. 2024-07 §
3, 2005-25 § 2.)
SECTION IV. Subsection (d) of Section 82-44.404 (Exemptions) of the County Ordinance Code
is amended to read:
(d) Weddings, birthday parties, graduation parties, or other family events held at a private
residence, provided that no more than four of these events are held within a twelve-month
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ORDINANCE NO. 2024-07
3
period. This subsection (d) does not exempt a commercial event from the permit
requirements of this chapter.
(Ords. 2024-07 § 4, 2005-25 § 2.)
SECTION V. Subsection (b)(2) of Section 82-44.408 (Application and review) of the County
Ordinance Code is amended to read:
(2) If the event is proposed to be a commercial event, the name, address and telephone number
of the organization, and the authorized head of the organization. If the event is sponsored by
or intended to benefit a non-profit organization, certification that the organization is exempt
from taxation under Section 501(c)(3) or Section 501(c)(4) of the United States Internal
Revenue Code. The purpose of this requirement is to ensure that commercial events are not
held in residential zoning districts. The name of the non-profit organization is not required to
be indicated on the permit application. For a period of ninety days following the event, the
applicant must retain records indicating the name of the organization that the event is
sponsored by or intended to benefit.
(Ords. 2024-07 § 5, 2010-11 § 4, 2005-25 § 2.)
SECTION VI. Subsection (b)(2) of Section 82-44.410 (Conditions) of the County Ordinance Code
is amended to read:
(2) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and
after 10:00 p.m. Fridays, Saturdays, and holidays. A temporary event permit shall not allow
the use of amplified sound after these hours.
(Ords. 2024-07 § 6, 2005-25 § 2.)
SECTION VII. Section 82-44.416 (Land use permit required) of the County Ordinance Code is
amended by adding the following subsection (f):
(f) The following conditions shall apply to the issuance of a land use permit for an event venue
located in an agricultural zoning district.
(1) A land use permit that authorizes events at a venue located in an agricultural zoning
district may only be issued if the authorized events are an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206, and the zoning
administrator finds that the proposed events will promote the vitality of agriculture in
the area. If a property is located in an agricultural zoning district but the property is
not used for agriculture, or the zoning administrator does not find that the proposed
events will promote the vitality of agriculture in the area, then no land use permit
authorizing events at the property will be issued.
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ORDINANCE NO. 2024-07
4
(2) Number of events. A land use permit that authorizes events at a venue located in an
agricultural zoning district must limit the annual maximum number of events for the
purposes of maintaining the agricultural nature of the property and reasonably
limiting impacts on neighbors. In imposing conditions regulating the maximum
number of events, the zoning administrator may consider the lot size of the event
venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers
between the venue and surrounding properties, the compatibility of events with
neighboring uses, and the degree to which events conflict with the property’s
primary use of agriculture. On a parcel of less than 40 acres, the maximum number
of events per calendar year that may be authorized by a land use permits six. On a
parcel of 40 or more acres, the maximum number of events per calendar year that
may be authorized by a land use permits is 26.
(3) Number of people. A land use permit that authorizes events at a venue located in an
agricultural zoning district must limit the maximum number of people allowed at
each event for the purposes of reasonably limiting impacts on traffic, parking, and
neighbors. In imposing conditions regulating the maximum number of people, the
zoning administrator may consider the lot size of the event venue, parking available
to serve the event venue, proximity of surrounding residences, and the location and
size of any buildings or other visual or noise buffers between the venue and
surrounding properties.
(4) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through
Thursdays and after 10:00 p.m. Fridays, Saturdays, and holidays. A land use permit
for an event venue located in an agricultural zoning district shall not allow the use of
amplified sound after these hours.
(5) Exterior lighting must be directed downward and away from adjacent properties.
(Ords. 2024-07 § 7, 2010-11 § 6, 2005-25 § 2.)
SECTION VIII. Section 82-44.418 of the County Ordinance Code is amended to read:
(a) An event may be monitored by law enforcement and code enforcement officials to
determine compliance with the terms and conditions of the permit.
(b) A temporary event permit may be revoked for any violation of any term or condition that
occurs at an event or for any other reason specified in Section 26-2.2022. A revocation may
be appealed to the board of supervisors within seven days of the revocation.
(c) This chapter may be enforced by any remedy allowed under the Contra Costa County
Ordinance Code or any other remedy allowed by law. These remedies include, but are not
limited to, administrative fines, infraction citations, and cease and desist (abatement) orders.
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ORDINANCE NO. 2024-07
5
(d) The following officials and their designees are authorized to enforce this chapter:
(1) Director of Conservation and Development.
(2) Sheriff.
(e) Nothing in this chapter is intended to preclude the enforcement by any Sheriff’s deputy of
Penal Code section 415, the disturbing the peace statute. (Ords. 2024-07 § 8, 2005-25 § 2).
SECTION IX. Section 82-44.420 is added to the County Ordinance Code, to read:
82-44.420 Responsible party liability.
(a) A person violates this chapter if an event that violates this chapter is held on property that
the person owns, rents, leases, or otherwise has possession of, regardless of whether the
person is present when the violation occurs.
(b) A person violates this chapter if an event that the person organizes, supervises, sponsors,
conducts, allows, or controls violates this chapter. (Ord. 2024-07 § 9.)
SECTION VIII. REPEAL OF INTERIM ORDINANCE NO. 2023-11. As of the effective date
of this ordinance, Ordinance No. 2023-11 is repealed.
SECTION IX. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting for or
against it in the East Bay Times, a newspaper published in this County.
PASSED on ___________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: MONICA NINO, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
KCK:
369
Title 8 - ZONING
Division 82 - GENERAL REGULATIONS
Chapter 82-44 TEMPORARY EVENTS
Contra Costa County, California, Ordinance Code Created: 2023-10-02 16:34:07 [EST]
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Page 1 of 10
Chapter 82-44 TEMPORARY EVENTS
Sections:
Article 82-44.2. General Provisions
82-44.202 Title.
This chapter is known as the Temporary Events Ordinance of Contra Costa County.
(Ord. 2005-25 § 2).
82-44.204 Purpose.
The purpose of this chapter is to establish procedures for evaluating, permitting, and regulating short-term
activities and events that are conducted on private property and generate or invite considerable public
participation, invitees, or spectators. Because these land uses are temporary, they have negligible or no
permanent effect on the environment, and their potential impact on adjoining properties is either minimal or can
be offset by conditions. The procedures authorize the zoning administrator to approve permits for temporary
events and to require permit conditions or deny permits when necessary to protect the public. The procedures are
necessary to protect and promote the health, safety, and welfare of the public, temporary event participants, and
nearby residents. The procedures are intended to minimize the impacts of temporary events on the normal free
flow of vehicular and pedestrian traffic, to minimize the impacts of noise from temporary events, to protect the
safety of property, and to minimize disturbance and inconvenience to neighbors, neighboring properties and
neighborhoods.
(Ord. 2005-25 § 2).
82-44.206 Definitions.
For purposes of this chapter, the following words and phrases have the following meanings:
(a) "Event" means an occasion on private property organized for a particular and limited purpose and time
and is an organized outdoor assemblage that: exceeds 75seventy-five persons at a venue in a
residential zoning district or at a venue in an agricultural zoning district or at a residence in any other
zoning district;, or exceeds 150one hundred fifty persons at any othera venue or locationin any other
zoning district. “At a residence” means located wholly or in part on a parcel that includes a residence.
“Events” include athletic events, arts and crafts shows, garden parties, carnivals, circuses, fairs,
festivals, musical concerts and other cultural or live entertainment events, and swap meets. "Persons
at a venue" means the total of all attendees, invitees, caterers, event monitors, security, and all other
persons who are at an event venue. An outdoor assemblage of 75seventy-five or fewer personspeople
at a venue in a residential zoning district or at a venue in an agricultural zoning district or at a residence
in any other zoning district, or 150one hundred fifty or fewer personspeople at any othera venue or
locationin any other zoning district, is not an "event" for purposes of this ordinance.
(b) "Commercial event" means an event intended to generate financial gain for the sponsors of the event,
or to advertise products, goods, or services. An event that requires paid admission or charges for
parking or that is open or advertised to the general public is presumed to be a commercial event. An
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event sponsored by or intended to benefit any organization that is exempt from taxation under Section
501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code is not a commercial event.
(c) "Noise level" means the "A" weighed sound pressure level in decibels obtained by using a sound level
meter at slow meter response with a reference pressure of twenty micropascals.
(d) “Outdoor assemblage” means any assemblage that is not wholly contained within the interior of a
residence. An “outdoor assemblage” includes any assemblage in an accessory structure, including but
not limited to a barn or tent.
(e) "Parade" means a march or procession of people on any county street or right-of-way that obstructs,
delays, or interferes with the normal flow of vehicular traffic, or does not comply with traffic laws or
controls.
(fe) "Persons at a venue" means the total of all attendees, invitees, caterers, event monitors, security, and
all other persons who are at an event venue.
(g) "Sound level meter" means an instrument that meets or exceeds American National Standard
Institute's Standard S1.4-1971 for Type 2 sound level meters, or an instrument and the associated
recording and analyzing equipment that will provide equivalent data.
(hf) "Temporary event" means an event that occurs for up to one day at a residence or in a residential
zoning district, or up to three consecutive days at any other location.
(jg) "Venue" means the site, lot, parcel, contiguous lots or parcels under common ownership, location,
area, or facility wherefor which an event is held or is proposed to be held.
(Ords. No. 2024-07 § 2, 2010-11, § 2II, 7-13-10; Ord. 2005-25 § 2).
Article 82-44.4. Permits
82-44.402 Temporary event permit required.
The following uses are allowed in any zoning district only after the issuance of a temporary event permit:
(a) A temporary event, unless the temporary event is exempt from the requirement to obtain a temporary
event permit or a land use permit is required for the event.
(b) Retail sales of Christmas trees between Thanksgiving and December 26;
(c) Retail sales of pumpkins between October 1 and October 31.
(Ord. No. 2010-11, § III, 7-13-10; Ord. 2005-25 § 2).
82-44.404 Exemptions.
The following activities are exempt from the permit requirements of this chapter:
(a) An event held on public property, in a public facility, or in a public park, provided all other permits and
licenses required by this code or state law are obtained, including encroachment permits,
environmental health permits, and state alcoholic beverage control permits.
(b) An event held in a public right-of-way, including a funeral procession or parade, provided all other
permits and licenses required by this code or state law are obtained, including encroachment permits,
environmental health permits, and state alcoholic beverage control permits.
(c) An activity conducted by a governmental agency acting within the scope of its authority.
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(d) Weddings, birthday parties, graduation parties, or other family events held at a private residence,
provided that no more than four of these events are held within a twelve-month period. This
subsection (d) does not exempt a commercial event from the permit requirements of this chapter.
(e) An event held at a members-only nonresidential facility where the only participants are members and
their guests.
(f) An event held at a school, provided the event is consistent with the underlying land use entitlement.
(g) An event held at a religious entity's facility, provided the event is consistent with the underlying land
use entitlement.
(h) A film-making activity for which a filming permit has been obtained in accordance with Chapter 56-8 of
this code.
(i) Car washes for fund raising purposes, provided that the car washes are held on private property other
than a residence, are limited to a maximum of two days each month for each sponsoring organization,
and are sponsored by an educational, charitable, religious, or nonprofit group.
(j) Garage sales held at a private residence, provided that sales occur no more than four times within a
twelve-month period per residence, for a maximum of two consecutive days each.
(k) A real estate open house, where a property is for sale, lease or rent.
(Ords. 2024-07 § 4, 2005-25 § 2).
82-44.406 Restrictions.
(a) No two events mayshall be held at the same venue with fewer than seven days between events.
(b) No commercial event mayshall be held in a residential zoning district or at a residence in any other zoning
district.
(c) All events, whether or not a permit is required under this chapter, are subject to the following noise
restrictions:
(1) No event may exceed the noise levels specified in Section 82-44.410.
(2) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and after 10:00
p.m. Fridays, Saturdays, and holidays.
(Ords. 2024-07 § 3, 2005-25 § 2).
82-44.408 Application and review.
(a) Any person, entity, business, or group wishing to hold, sponsor, conduct, operate or maintain a temporary
event shall submit a completed temporary event permit application to the department of conservation and
development. The application form shall be signed and verified by the applicant, if an individual; a general
partner authorized to sign on behalf of a partnership; an officer or director authorized to sign on behalf of a
corporation; or a participant authorized to sign on behalf of a joint venture or association. The applicant
must be a qualified applicant pursuant to Section 26-2.1604.
(b) An application is not complete unless it includes all of the following information:
(1) The name, address, and telephone number of the applicant and an alternate contact person.
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(2) If the event is proposed to be a commercial event, the name, address and telephone number of the
organization, and the authorized head of the organization. If the event is sponsored by or intended to
benefit a non-profit organization, certification that the organization is exempt from taxation under
Section 501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code. The purpose of this
requirement is to ensure that commercial events are not held in residential zoning districts or at
residences in any other zoning district. The name of the non-profit organization is not required to be
indicated on the permit application. For a period of ninety days following the event, the applicant must
retain records indicating the name of the organization that the event is sponsored by or intended to
benefit.
(3) The name, address and telephone number of the person who will be present and in charge of the event
on the day of the event.
(4) The type of event (e.g., a concert or arts and crafts show).
(5) Date and estimated starting and ending time of the event, including the time required to prepare and
clean up the venue.
(6) Location of the event, including its street address and assessor's parcel number.
(7) Estimated number of attendees or participants at the event.
(8) The type and estimated number of vehicles and structures that will be used at the event, if any.
(9) Description of any sound amplification equipment that is proposed for use at the event.
(10) Whether any food will be served or sold at the event and, if applicable, the time and manner in which
caterers and catering trucks will be used.
(11) Whether any beverages, including alcoholic beverages, will be served or sold at the event, and whether
any such sales will be wholesale or retail.
(12) Whether security will be employed at the event.
(13) Parking, traffic control, and crowd control measures proposed for the event.
(14) The number and type of events held at the venue in the preceding twenty-four months.
(15) A site plan showing the size and location of property lines, sidewalks, streets, and improvements on
adjacent properties, clearly labeled and drawn to scale.
(16) The time and acts required to prepare the venue for the event and the time and acts required following
the event to clean up and restore the regular use of the property or venue.
(17) The type and location of on-site restrooms.
(c) An application must be submitted at least forty-five days before the proposed event. The department of
conservation and development will have five calendar days to determine whether an application is complete.
If the application is incomplete, the applicant will be notified and will have five days from the date of
notification to provide all of the information required for a complete application. The zoning administrator
will have ten days after submission of a complete application to decide on the application. The zoning
administrator shall approve a complete permit application and issue a permit unless one or more grounds for
denial exists.
(d) No event permit application shall be denied on any grounds except for any of the following:
(1) Information contained in the application is found to be false in any material detail.
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(2) The applicant fails to timely file the application form or fails to complete and submit the application
form within five calendar days after having been notified of the additional information or documents
required for a complete application.
(3) A violation of any term or condition of a temporary event permit previously issued within the
preceding twenty-four months to the applicant or for the private property venue.
(4) Another temporary event permit application has been received prior in time, or has already been
approved, to hold another event at the same time and place requested by the applicant, or so close in
time and place as to cause undue traffic congestion.
(5) The time, route, characteristics, or size of the event will substantially interrupt the safe and orderly
movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when
it is usually subject to great traffic congestion.
(6) The concentration of persons, animals, or vehicles at the site of the event, or the assembly and
disbanding areas around an event, will prevent proper police, fire, or ambulance services to the venue
and areas contiguous to the event.
(7) The location of the event will substantially interfere with a previously granted encroachment permit or
with any previously scheduled construction or maintenance work scheduled to take place upon or
along county streets.
(8) The proposed event is not allowed under the terms of a previously issued county land use permit.
(9) A temporary event permit previously issued within the preceding twenty-four months to the applicant
or for the specific private property venue was revoked.
(10) Failure to pay an outstanding fine owed for an event previously held at the venue or owed by the
applicant for any event held at any location.
(11) When the grounds for denial of an application for permit specified in subsections (4) through (7),
above, can be mitigated by altering the date, time, duration, size, route, or location of the event, the
zoning administrator shall conditionally approve the application upon the applicant's acceptance of
conditions for permit issuance instead of denying the application. If the grounds for denial cannot be
mitigated by imposing conditions, the permit will be denied.
(e) If the zoning administrator issues a permit, notice of the permit issuance and permit conditions will be
mailed to all properties within three hundred feet of the event venue.
(f) The zoning administrator's decision on the issuance of a permit may be appealed to the conservation and
development director. The applicant may appeal the denial of a permit and may appeal any conditions
imposed on a permit. Any person affected by any time, place, or manner conditions imposed on a permit
may appeal only the permit conditions. Any person other than the applicant who appeals any time, place, or
manner conditions must specify which conditions are being appealed. An appeal must be in writing, must be
filed within five days of the zoning administrator's decision on the permit, and must include an appeal fee.
An appeal hearing will be scheduled before the conservation and development director. The director's
decision will be made at least ten days before the date of the proposed event. The director's decision
following an appeal hearing is final for purposes of exhaustion of administrative remedies.
(g) An application may be submitted less than forty-five days before the proposed event if the proposed event is
a response to a current occurrence whose timing did not allow the applicant to file a timely application. An
application submitted under this section must specify the date of the occurrence to which the proposed
event is responding. If a complete application is filed less than forty-five days before the proposed event, the
zoning administrator shall issue a decision as soon as reasonably practicable. Any appeal must be filed within
three days of the zoning administrator's decision. The conservation and development director's decision on
the appeal will be made at least five days before the date of the proposed event.
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(h) Exemption.
(1) No temporary event permit is required for an event held at a venue in a residential zoning district if:
(A) Three or fewer events are held at the venue within a twelve-month period; and
(B) For properties forty thousand square feet or greater in size, two hundred or fewer total people
will be present at the event; and
(C) For properties less than forty thousand square feet in size, one hundred twenty-five or fewer
total people total will be present at the event.
(2) An event at a residence that is exempt under this subsection (h) from the requirement to obtain a
temporary event permit must comply with the following standards and requirements:
(A) The sound levels at the event cannot exceed the levels specified in subsection (b)(1) of section
82-44.410.
(B) On-site restrooms must be provided at the event.
(C) Dedicated remote parking for the event sufficient to accommodate attendees must be available
if the adjacent streets do not have a graded or paved eight-foot-wide should for parking, and if
parking for all attendees is unable to occur on-site.
(D) At least ten days before the event, the property owner must inform the department of
conservation and development in writing of the time, date, and location of the event.
(E) At least ten days before the event, the property owner must send a notice to all property
occupants within two hundred feet of the event venue of the time, date, and location of the
event.
(3) The exemption under this subsection (h) does not apply if:
(A) Four or more events are held at a venue in a residential district in a twelve-month period.
(B) One of the standards or requirements specified in subsection (h)(2) was violated at a previous
event within the previous twelve months.
(C) More than two hundred people will be at an event in a residential district if the property is forty
thousand square feet or more in size.
(D) More than one hundred twenty-five people will be at an event in a residential district if the
property is less than forty thousand square feet in size.
(Ords. No. 2024-07 § 5, 2010-11, § 4,IV, 7-13-10; Ord. 2005-25 § 2).
82-44.410 Conditions.
(a) The zoning administrator may condition the issuance of a temporary events permit by imposing any of the
following requirements concerning the time, place, and manner of the event. The zoning administrator may
consult with public works, fire, and law enforcement officials and may impose time, place, and manner
conditions that are requested by those officials, provided the requested conditions are among the conditions
specified below. No conditions other than those specified below may be placed on a permit. Conditions may
not restrict expressive activity or the content of speech.
(1) Alteration of the date, time, route or location of the event proposed on the application.
(2) Conditions concerning accommodation of pedestrian or vehicular traffic.
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(3) Conditions concerning parking, including, but not limited to, requirements for the use of shuttles from
parking areas to the venue.
(4) Conditions concerning traffic control, including, but not limited to, requirements for the use of traffic
cones or barricades.
(5) Requirements for provision of on-site restrooms.
(6) Requirements for use of security responsible for crowed control, fire watch, general security, and
evacuation of occupants.
(7) Conditions concerning maximum occupancy, based on the size of the venue and for purposes of
minimizing impacts on traffic and parking. In imposing conditions concerning maximum occupancy, the
zoning administrator may consider the lot size of the event venue, proximity of surrounding residences,
density of the underlying zoning district, and the location and size of any buildings between the venue
and surrounding properties.
(8) Restrictions on the number and type of structures at the event, and inspection and approval of
structures.
(9) Compliance with animal protection ordinances and laws.
(10) Requirements for use of garbage containers and cleanup.
(11) Conditions limiting the duration of time and hours of the event (including the time to prepare and
clean up the venue) in order to minimize impacts on traffic and parking.
(12) Time, place, and manner restrictions on the use of amplified sound. The use of amplified sound is
prohibited in a residential district unless allowed as a condition of a temporary event permit.
(b) When a temporary event permit is granted for any event in a residential zoning district or at a residence in
any other zoning district, it is granted subject to the following conditions:
(1) The event shall not generate or emit any noise or sound that exceeds any of the levels specified in the
table below measured at the exterior of any dwelling unit located on another residential property. The
noise generated or emitted shall not exceed the levels specified in the table for the duration of time
specified in the table. Exterior noise levels shall be measured with a sound level meter. The permit shall
incorporate the applicable "allowable exterior noise levels" specified in the table into the permit
conditions only for the duration of time allowed for the event by the permit. For example, if the permit
provides that an event shall end by seven p.m., the "allowable exterior noise levels" allowed between
nine a.m. and eight p.m. shall be incorporated into the conditions, but the event must end by seven
p.m.
Allowable Exterior Noise Levels
Cumulative
Duration of Noise
9 a.m. - 8 p.m. 8 p.m. - 10 p.m.
30 minutes per
hour
60 dBA 55 dBA
15 minutes per
hour
65 dBA 60 dBA
5 minutes per
hour
70 dBA 65 dBA
1 minute per
hour
75 dBA 70 dBA
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Level not to be
exceeded at any
time
80 dBA 75 dBA
(2) Amplified sound by any device is prohibited after 8:00eight p.m. Sundays through Thursdays and after
10:00ten p.m. Fridays, Saturdays, and holidays. A temporary event permit shall not allow the use of
amplified sound after these hours.
(Ords. No. 2024-07 § 6, 2010-11, § 5V, 7-13-10; Ord. 2005-25 § 2).
82-44.412 Duration.
A temporary event permit is valid only for one event. A temporary event permit is valid only for the time or
times specified in the permit. A temporary event permit lapses if not used within the time or times specified.
(Ord. 2005-25 § 2).
82-44.414 Other permits and licenses.
(a) The issuance of a temporary event permit does not relieve anyone from the obligation to obtain any other
permit or license required by this code or state law, including, but not limited to, encroachment permits,
environmental health permits, and state alcoholic beverage control permits.
(b) The issuance of any other permit or license does not relieve anyone from the obligation to obtain a
temporary event permit pursuant to this chapter.
(Ord. 2005-25 § 2).
82-44.416 Land use permit required.
(a) A land use permit is required for an event if any of the following occur:
(1) Three events that required a temporary event permit, or three events at a venue in a residential zoning
district that were exempt from obtaining a permit under subsection (h) of Section 82-44.408, were
previously held at a venue within the preceding twelve months.
(2) Four or more events will be held at a venue in a twelve-month period.
(3) Three or more events will be held at a venue within a forty-five-day period.
(4) An event will last more than one day at a venue in a residential zoning district or at a residence in any
other zoning district, or will last more than three consecutive days at any other location.
(5) More than three hundred people will be present at an event at a venue in a residential zoning district
or an event at a residence in any other zoning district.
(6) A temporary event permit previously issued to the applicant or for the venue was revoked within the
preceding twenty-four months.
(b) It is a violation of this section if the number of people present at an event exceeded a size threshold specified
in subsection (a) above, and a land use permit was not obtained before the event. For purposes of this
section, "the number of people present at an event" means the total of all attendees, invitees, caterers,
event monitors, security, and all other persons who are at the event venue.
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(c) If a land use permit or building permit is required for a structure associated with a temporary event, then no
event may be held at the venue without a land use permit.
(d) An application for a land use permit will be decided in accordance with Article 26-2.20 of this code.
(e) No conditions that restrict expressive activity or the content of speech may be imposed on any land use
permit issued for an event.
(f) The following conditions shall apply to the issuance of a land use permit for an event venue located in an
agricultural zoning district.
(1) A land use permit that authorizes events at a venue located in an agricultural zoning district may only
be issued if the authorized events are an accessory use on a property that is used for agriculture, as
defined in Section 82-4.206, and the zoning administrator finds that the proposed events will promote
the vitality of agriculture in the area. If a property is located in an agricultural zoning district but the
property is not used for agriculture, or the zoning administrator does not find that the proposed events
will promote the vitality of agriculture in the area, then no land use permit authorizing events at the
property will be issued.
(2) Number of events. A land use permit that authorizes events at a venue located in an agricultural
zoning district must limit the annual maximum number of events for the purposes of maintaining the
agricultural nature of the property and reasonably limiting impacts on neighbors. In imposing
conditions regulating the maximum number of events, the zoning administrator may consider the lot
size of the event venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers between the venue
and surrounding properties, the compatibility of events with neighboring uses, and the degree to
which events conflict with the property’s primary use of agriculture. On a parcel of less than 40 acres,
the maximum number of events per calendar year that may be authorized by a land use permit is six.
On a parcel of 40 or more acres, the maximum number of events per calendar year that may be
authorized by a land use permit is 26.
(3) Number of people. A land use permit that authorizes events at a venue located in an agricultural
zoning district must limit the maximum number of people allowed at each event for the purposes of
reasonably limiting impacts on traffic, parking, and neighbors. In imposing conditions regulating the
maximum number of people, the zoning administrator may consider the lot size of the event venue,
parking available to serve the event venue, proximity of surrounding residences, and the location and
size of any buildings or other visual or noise buffers between the venue and surrounding properties.
(4) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and after 10:00
p.m. Fridays, Saturdays, and holidays. A land use permit for an event venue located in an agricultural
zoning district shall not allow the use of amplified sound after these hours.
(5) Exterior lighting must be directed downward and away from adjacent properties.
(Ords. No. 2024-07 § 7, 2010-11, § 6,VI, 7-13-10; Ord. 2005-25 § 2).
82-44.418 Enforcement.
(a) An event may be monitored by law enforcement and code enforcement officials to determine compliance
with the terms and conditions of the permit.
(b) A temporary event permit may be revoked for any violation of any term or condition that occurs at an event
or for any other reason specified in Section 26-2.2022 of this code. A revocation may be appealed to the
board of supervisors within seven days of the revocation.
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(c) This chaptere county may be enforced this division by any remedy allowed under the Contra Costa Countyis
oOrdinance cCode or any other remedy allowed by law. These remedies include, but are not limited to,
administrative fines, infraction citations, and cease and desist (abatement) orders.
(d) The following officials and their designees are authorized to enforce this chapter:
(1) Director of Conservation and Development.
(2) Sheriff.
(e) Nothing in this chapter is intended to preclude the enforcement by any Sheriff’s deputy of Penal Code
section 415, the disturbing the peace statute.
(Ords. 2024-07 § 8, 2005-25 § 2).
82-44.420 Responsible party liability.
(a) A person violates this chapter if an event that violates this chapter is held on property that the person owns,
rents, leases, or otherwise has possession of, regardless of whether the person is present when the violation
occurs.
(b) A person violates this chapter if an event that the person organizes, supervises, sponsors, conducts, allows,
or controls violates this chapter.
(Ord. 2024-07 § 9).
Article 82-44.6. Fees and Costs
82-44.602 Application fee.
A nonrefundable application fee for a temporary event permit shall be paid when the application is
submitted. An application for a temporary event permit is not complete until the application fee is paid.
(Ord. 2005-25 § 2).
82-44.604 General.
(a) Permit application fees, regulatory fees, inspection fees, and appeal fees will be in amounts established by
the board of supervisors in the community development department's fee schedule.
(b) Fees required under this chapter are in addition to any other fee required under any other chapter of this
code or any other county, state or federal law or regulation.
(Ord. 2005-25 § 2).
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380
381
382
383
Department of Conservation and Development
County Planning Commission
Wednesday, January 24, 2024 – 6:30 P.M.
STAFF REPORT Agenda Item #_____
Project Title:
Zoning Text Amendments Related to Agritourism and
Temporary Events
County File(s):
CDZT22-00003
Applicant:
Owner:
Contra Costa County
Contra Costa County
General Plan/Zoning:
Countywide
Site Address/Location: Countywide
California Environmental
Quality Act (CEQA) Status:
The project is exempt under Section 15061(b)(3) of the
Environmental Quality Act (See Section VI for additional
information).
Project Planner: Jennifer Cruz, Principal Planner (925) 655-2867
Jennifer.Cruz@dcd.cccounty.us
Staff Recommendation: Recommend Approval to the Board of Supervisors (See
Section II for complete recommendation)
I. PROJECT SUMMARY
This is a hearing on two County-initiated Zoning Text Amendments. The first
proposed amendment is to establish size and location standards, sales requirements,
and other regulations governing agritourism uses in agricultural zoning districts,
recodify Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as Chapter 824-4
(Grower Stands, Farm Stands, and Farm Markets), and amend Chapters 84-82 and 84-
84 to allow stables in A-40 and A-80 agricultural zoning districts with the issuance of
a land use permit.
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The second proposed Zoning Text Amendment would amend Chapter 82-44
(Temporary Events) of the County Ordinance Code to establish specific land use
permit conditions for certain types of events located in an agricultural zoning district,
establish noise restrictions applicable to all permitted and unpermitted events,
regulate commercial events by: prohibiting unpermitted commercial events; further
defining the distinguishing features of commercial events; authorizing enforcement
actions against commercial event organizers, in addition to property owners, for
violations; and authorizing Sheriff’s deputies, in addition to Department of
Conservation Development code enforcement officers, to enforce the Temporary
Events Ordinance.
RECOMMENDATION
Staff recommends that the County Planning Commission:
1. OPEN the public hearing on the proposed zoning text amendment; RECEIVE
testimony; and CLOSE the public hearing.
2. RECOMMEND that the Board of Supervisors take the following actions:
A. ADOPT the proposed zoning text amendment to establish size and location
standards, sales requirements, and other regulations governing agritourism
uses in agricultural zoning districts, recodify Chapter 88-20 (Agricultural Farm
Stands and Farm Markets) as Chapter 824-4 (Grower Stands, Farm Stands,
and Farm Markets), and amend Chapters 84-82 and 84-84 to allow stables in
the A-40 and A-80 agricultural zoning districts with the issuance of a land
use permit.
B. ADOPT the proposed zoning text amendment to amend Chapter 82-44
(Temporary Events) to establish specific land use permit conditions for certain
types of events located in an agricultural zoning district, establish noise
restrictions applicable to all permitted and unpermitted events, regulate
commercial events by: prohibiting unpermitted commercial events; further
defining the distinguishing features of commercial events; authorizing
enforcement actions against commercial event organizers, in addition to
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property owners, for violations; and authorizing Sheriff’s deputies, in addition
to Department of Conservation Development code enforcement officers, to
enforce the Temporary Events Ordinance.
C. RESCIND Ordinance No. 2023-11 (Urgency Ordinance Extending Regulations
Related To Commercial Temporary Events) upon the date the amendment to
Chapter 82-44 (Temporary Events) becomes effective.
D. DETERMINE that the proposed zoning text amendment is exempt from CEQA
under CEQA Guidelines Sections 15061(b)(3) (common sense exemption).
E. Direct staff to file a Notice of Exemption with the County Clerk.
II. BACKGROUND
The Planning Commission conducted two hearings regarding the agritourism-related
zoning text amendments in 2023 and recommended Board approval. Subsequently,
staff met with parties who commented during the hearing to better understand their
concerns, which mostly pertained to the events provisions of the agritourism-related
zoning text amendments and the relationship to the Temporary Events Ordinance and
the Ordinance No. 2023-11, (Urgency Ordinance Extending Regulations Related To
Commercial Temporary Events), which was adopted by the Board of Supervisors on
May 23, 2023 to continue to address a problematic increase in the number and
impact of unpermitted commercial events. Staff’s primary objectives with the
recommended zoning text amendments under consideration at this hearing are to:
• Remove event provisions from the agritourism-related ordinance and place
them in the Temporary Event ordinance for clarity and address concerns that
events in agricultural areas would only be available to certain agritourism
uses;
• Revise the existing Temporary Event Ordinance to make permanent the
provisions of Ordinance No. 2023-11, (Urgency Ordinance Extending
Regulations Related To Commercial Temporary Events);
• Refine the event definition to ensure that events with more 75 persons on
any agricultural property would require a permit;
• Refine provisions related to commercial events to provide that agricultural
properties that contain a residence are able to apply for a land use permit to
host commercial events;
• Refine size limitations for wineries to remove a prohibition on wineries being
located on parcels smaller than 5 acres.
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History of Board Direction on Agritourism
On December 20, 2016, at the recommendation of then Supervisor Piepho, the Board
of Supervisors approved the expenditure of up to $150,000 from the Livable
Communities Trust (District III Portion) and authorized the Department of
Conservation and Development (DCD), in consultation with the Ag Task Force and
local agricultural stakeholders, to identify for future Board consideration specific
actions the County could take to further promote and incentivize agricultural
sustainability and economic vitality. The succeeding District III Supervisor, Supervisor
Burgis, met with staff and outreached to the community to generate interest and
ideas for the upcoming public process. On February 13, 2018, Supervisor Burgis
recommended, and the Board approved, authorizing DCD to convene a series of
open, public meetings with persons and groups interested in the policy reform topic.
Public engagement process on agritourism
DCD convened a series of public meetings with people and parties interested in
agricultural sustainability and economic vitality in Contra Costa County to review
existing land use regulations and collect input on potential modifications to these
policies.
The policy review process was held over a 12-month period starting in 2018. These
large meetings, which ranged from 20-70 participants per meeting, were held in
Martinez, Danville, and Knightsen. Participants that attended the meetings came from
diverse backgrounds, including individuals from the farming and ranching community,
rural residents, proponents of various agricultural commercial ventures, and
conservation organizations. The meetings also included significant support and
participation from the County's Departments of Agriculture, Health Services
(Environmental Health Division), and Public Works, and agencies such as the
University of California Cooperative Extension (UCCE) and Contra Costa Resource
Conservation District (RCD). Participants provided insights on what makes the County
unique, developed a shared vision for the future of agriculture in Contra Costa
County, identified obstacles to a healthier agricultural economy, and discussed
opportunities and constraints of agritourism. Staff researched policies and programs
in other counties and developed numerous tables and maps with relevant
background information. The meetings also included guest speakers from Yolo
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County and Sonoma County sharing their experiences promoting agriculture in their
regions and their work as an agricultural ombudsperson.
The discussion among the participants and the County led to a number of specific
proposals to improve agricultural land use policy. These proposals were assembled
into a preliminary list of recommendations, including thoughts on key conditions and
staff notes on key relevant Building, Health, and Public Works provisions. Iterative
drafts of the list of recommendations were discussed in meetings and commented on
in numerous comment periods over the course of approximately one year.
Report with Recommendations on Agritourism
The result of the extensive stakeholder collaboration was the Recommendations on
Reforming Agricultural Land Use Policies in Contra Costa County To Improve Both
Economic Vitality and Sustainability Report (“Report”). The Report, included 18
recommendations to promote and preserve agriculture in Contra Costa County.
The Report recommends authorizing various new types of lodging accommodations
in agricultural areas, including short-term rentals for 90 days or less, farm stays for up
to 90 days, bed-and-breakfast, and camping/yurts. The Report also recommends
authorizing food service uses in agricultural areas, including farm dinners and farm-
to-table restaurants. The Report also recommends updating the County’s winery
policies and authorizing certain new uses to host large events. The Report discussed
the possible permits that may be required, in addition to other permits required by
other agencies.
Recommendations in the Report to promote agriculture in Contra Costa County
include equestrian and bike trails to connect farms, allowing equestrian facilities
within additional agricultural districts, exploring additional funding for signage to
promote agriculture in the County, updating the County’s Sign Ordinance, and
working with other agencies to promote agricultural vitality in the County.
Board Action on Agritourism Report
The Report was presented to and accepted by the Board of Supervisors on February 4,
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2020. Since then, the County has updated the Sign Ordinance. DCD has also
undertaken the extensive effort to establish a regulatory framework in this proposed
zoning text amendment for permitting, establishing, and operating agritourism uses,
as discussed in the Report.
County Planning Commission Meetings on Agritourism
The zoning text amendments were heard by the County Planning Commission at two
separate public hearings. The first hearing was held on February 22, 2023. The public
submitted comments both by letter prior to the Commission hearing and at the
Commission hearing. After considering the comments submitted, the Commission
voted to continue the public hearing to a future date as determined by County staff
to allow staff to address the comments received and provide any appropriate
revisions to the draft zoning text amendment. The comments were related to
illuminated signs, retail water supplier requirement, allow agricamping in travel
trailers, seasonality of produce may preclude some agricultural operations from
meeting the 50% requirement for farm-to-table restaurants, allow mobile food
vendors on a private parcel where an agritourism use is authorized, increasing the
maximum number of events, requirement for 80% of property to be engaged in
agricultural activities and kept free of structures for hillside properties, and noise from
large events.
In response to public comments and comments from the Commission, staff prepared
a revised draft ordinance, which was presented and heard at the June 7, 2023 County
Planning Commission. The public submitted comments both by letter prior to the
Commission hearing and at the Commission hearing. The comments were primarily
related to concerns only allowing large events for the following agritourism uses
wineries/olive oil mills, bed and breakfast, and farm-to-table. A public comment
regarding the lot size minimum specifically for wineries was also a concern by a
member of the public. Another public comment raised was regarding the unpermitted
parties and the noise generated from these events. After considering all comments
received, the Commission voted unanimously to recommend that the Board of
Supervisor’s adopt the zoning text amendment to the County Zoning Code related to
agritourism.
Staff Follow-Up Meetings
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After the County Planning Commission’s decision to recommend adoption of the
Agritourism Ordinance, staff met separately with three members of the public who
commented during the hearing to have a better understanding of their concerns. Staff
met with Mark Scheberies and Beatrice Schmugler - Alhambra Christmas Tree Farm,
John Bry - Perfusion Vineyard, and Liz DiGiorgio - Contra Costa County Farm Bureau.
The concerns raised were similar to the ones raised at the June 7, 2023 Commission
hearing. Following these meetings staff determined to recommend further
refinements to the Planning Commission before proceeding to the Board of
Supervisors.
III. SUMMARY OF ZONING TEXT AMENDMENTS
Staff considered the comments heard at the hearing and the follow-up meetings. The
proposal is to revise the draft Agritourism Ordinance and amend the Temporary
Events Ordinance to address the concerns raised. The primary concerns were related
to only allowing large events for wineries/olive oil mills, bed and breakfast, and farm-
to-table, lot size requirement for wineries/olive oil mills, and restriction on events
Below is a summary of the changes for each ordinance.
Proposed Changes to Draft Agritourism Ordinance
The changes to the draft Agritourism Ordinance would remove the section on large
events and references to large events, and remove the minimum lot size, retail water
supplier requirement and agricultural activities and promotion plan for wineries and
olive oil mills. Clarification is also included in the draft Agritourism Ordinance that a
farm dinner is not an event subject to the requirements of the Temporary Events
Ordinance.
Proposed Changes to Draft Temporary Events Ordinance
The proposed changes to the Temporary Events Ordinance integrate the provisions of
Ordinance No. 2023-11, (Urgency Ordinance Extending Regulations Related To
Commercial Temporary Events).
Changes include updates to the definition section of the ordinance, addition of noise
restrictions, a list of conditions applicable when a land use permit is required for an
event venue in an agricultural zoning district, updates to the enforcement of the
ordinance, and the addition of the responsible party.
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The definition of event is proposed to be updated to include gatherings of more 75
people on agriculturally-zoned properties. Additionally, “at a residence” is also
defined to clarify the reference in the event definition. The definition of a commercial
event is also modified to include clarification that an event that requires paid
admission or charges parking or that is open or advertised to the general public
would be considered a commercial event.
The addition of definitions for outdoor assemblage, persons at a venue, and vacant
lot is also included in the amendment to the ordinance. The addition of noise
restrictions for all events includes maximum noise levels and prohibited hours for
amplified sound.
A list of conditions applicable to the issuance of a land use permit for an event
located in an agricultural zoning district are also included in the ordinance. The
conditions include the following: events at a venue located in an agricultural zoning
district may only be issued if authorized events are an accessory use of the
agricultural use established for the property and a finding is made that the events is
consistent with agricultural vitality, maximum number of events and maximum of
people of limited based on impacts to neighboring properties, prohibited hours for
amplified noise, and exterior lighting must be directed downward and away from
adjacent properties. The maximum number of events would be determined by
considering the lot size of the event venue, availability of parking to serve the event
venue, proximity of surrounding residences, the location and size of any buildings or
other visual or noise buffers between the venue and surrounding properties, the
compatibility of events with neighboring uses, and the degree to which events conflict
with the property’s primary use of agriculture. On a parcel of less than 40 acres, the
maximum number of events per calendar year that may be authorized by a land use
permit is six. On a parcel of 40 or more acres, the maximum number of events per
calendar year that may be authorized by a land use permit is 26. The maximum
number of people would be determined by the lot size of the event venue, parking
available to serve the event venue, proximity of surrounding residences, and the
location and size of any buildings or other visual or noise buffers between the venue
and surrounding properties.
The amendment also updates the enforcement of the Temporary Events Ordinance to
include remedies of administrative fines, citations, and cease and desist order, officials
to enforce the ordinance, and holding commercial event organizers, in addition to
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property owners, liable for illegal commercial events.
IV. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION
The Zoning Text Amendments are exempt from the California Environmental Quality
Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3).
CEQA Guidelines section 15061(b)(3) is the “common sense exemption.” The
proposed actions would authorize the establishment of agritourism uses in
agricultural zoning districts after the issuance of a ministerial permit or a land use
permit. No specific project is approved with this Zoning Text Amendment. The
proposed new uses that could foreseeably have an environmental impact would each
require separate discretionary permits and be subject to individual environmental
review pursuant to CEQA. Some uses could be approved with a ministerial permit and
that action would be statutorily exempt from CEQA. However, such proposed uses are
minor extensions of existing allowed uses, are subordinate to the primary agricultural
use, and are subject to specific standard requirements related to lot area, number of
bedrooms and guests, number of events, noise, and light. Thus, it can be seen with
certainty that there is no possibility that the proposed actions could have a significant
effect on the environment.
The zoning text amendment to amend to Chapter 82-44 (Temporary Events) includes
additional land use permit conditions for events located in an agricultural zoning
district, additional noise restrictions, additional restrictions on commercial events, and
authorization for additional enforcement pathways for violations of the ordinance.
These amendments would establish more restrictive regulations on a land use already
permitted in the County. Accordingly, it can be seen with certainty that there is no
possibility that the proposed actions could have a significant effect on the
environment.
V. CONCLUSION
The proposed zoning text amendment would authorize agritourism uses in
agricultural zoning districts in the County and would establish standards for these
uses that would preserve agricultural land consistent with the County General Plan.
Additionally, the zoning text amendment would amend the Temporary Events
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Ordinance to allow large events in agricultural districts, provide noise restrictions,
regulate commercial events, and authorize Sheriff’s deputies, in addition to code
enforcement officers to enforce the Temporary Events Ordinance. Therefore, staff
recommends the Commission recommend that the Board of Supervisors approve the
zoning text amendments.
Attachments:
Attachment A - Draft Agritourism Ordinance
Attachment B – Redlined Version of Draft Agritourism Ordinance
Attachment C – Draft Temporary Events Ordinance
Attachment D – Redlined Version of Draft Temporary Events Ordinance
Attachment E – Urgency Ordinance No. 2023-11
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ORDINANCE NO. 2023-___ DRAFT
AUTHORIZING AGRITOURISM USES IN AGRICULTURAL ZONING DISTRICTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION 1. SUMMARY. This ordinance establishes size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts.
This ordinance also recodifies Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as
Chapter 824-4 (Grower Stands, Farm Stands, and Farm Markets). This ordinance also amends
Chapters 84-82 and 84-84 to allow stables in A-40 and A-80 agricultural zoning districts with the
issuance of a land use permit.
SECTION 2. Division 824 is added to the County Ordinance Code, to read:
Division 824
AGRITOURISM
Chapter 824-2
GENERAL AGRITOURISM REGULATIONS
824-2.002 Purpose and Intent. The purpose of this division is to establish zoning regulations to
allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses
that are located at a working farm, ranch, or other agricultural operation; are accessory to a
primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or
clients; and generate income for the owner or operator of the working farm, ranch, or other
agricultural operation. (Ord. 2023-__ § 2.)
824-2.004 Definitions. For purposes of this division, the following words and phrases have the
following meanings:
(a) “Agricamping establishment” means an establishment that provides food and lodging in
accordance with this division.
(b) “Agritourism lodging establishment” means a residence in an agricultural zoning district
that is used as a bed and breakfast establishment or a farm stay establishment.
(c) “Agritourism use” means any of the following uses located in an agricultural zoning
district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm
stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.
(d) “Bed and breakfast establishment” means an establishment that provides food and
lodging in accordance with this division.
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(e) “Farm dinner” means an occasion where food is provided in accordance with this
division.
(f) “Farm market” means an area accessory to an on-site agricultural operation that is used to
sell farm products, value-added farm products, and non-agricultural items, as specified,
where the total sales area does not exceed 3,500 square feet.
(g) “Farm product” includes any of the following in its raw or natural state: any agricultural,
horticultural, viticultural, or vegetable product of the soil; poultry products; livestock
products; and apiary products. “Farm product” does not include any livestock, poultry,
fish, or shellfish.
(h) “Farm stand” means an area accessory to an on-site agricultural operation that is used
primarily to sell farm products, value-added farm products, and non-agricultural items, as
specified, where the total sales area does not exceed 1,500 square feet.
(i) “Farm stay establishment” means an establishment that provides food and lodging in
accordance with this division.
(j) “Farm-to-table restaurant” means a restaurant that provides food in accordance with this
division.
(k) “Grower stand” means an area accessory to an on-site agricultural operation that is used
to sell farm products produced on-site or proximate to the site, as specified, where the
total sales area does not exceed 1,500 square feet.
(l) “Non-agricultural item” means any item offered for sale other than farm products and
value-added farm products.
(m) “Olive oil mill” means an operation for the processing of olives into olive oil. An olive
oil mill may be a small olive oil mill or a large olive oil mill.
(n) “Olive oil production facility” means a facility or facilities at an olive oil mill used for
any of the following activities or uses: harvesting, milling, pressing, and crushing fresh
olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of
olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution
of olive oil; equipment storage and repair; composting and removal of olive pomace and
other agricultural product waste, and agricultural wastewater treatment. A tasting area or
on-site sales area at an olive oil mill is not part of the olive oil production facility at the
olive oil mill.
(o) “Responsible party” means a person that is designated by the applicant as a point of
contact for the agritourism use.
(p) “Value-added farm product” means a farm product that has been changed from its natural
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state to an item in a different form through canning, drying, freezing, preserving,
fermenting, compounding, processing, packing, or a similar alteration, so as to increase
the value of the farm product.
(q) “Wine production facility” means a facility or facilities at a winery used for any of the
following activities or uses: crushing or pressing grapes; fermenting wine; aging wine;
processing and blending of wine; bottling and labeling of wine; storage of wine in cellars,
vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping,
receiving, and distribution of wine; truck scales; equipment storage and repair;
composting of grape byproducts and other agricultural product waste, and agricultural
wastewater treatment. A tasting area or on-site sales area at a winery is not part of the
wine production facility at the winery.
(r) “Winery” means an operation for the fermentation and processing of grapes into wine, or
the refermentation of still wine into sparkling wine. A winery may be a small winery or a
large winery. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.006 Location.
(a) An agritourism use that complies with the provisions of this division may be located on
any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).
(b) Multiple agritourism uses may be permitted on the same lot, except as follows:
(1) A farm stay establishment and a bed and breakfast establishment may not be
permitted on the same lot.
(2) A farm dinner and a farm-to-table restaurant may not be permitted on the same
lot.
(3) A farm market and a farm stand may not be permitted on the same lot.
(4) A farm market and a grower stand may not be permitted on the same lot.
(5) A farm stand and a grower stand may not be permitted on the same lot.
(6) A small olive oil mill and a large olive oil mill may not be permitted on the same
lot.
(7) A small winery and a large winery may not be permitted on the same lot. (Ords.
2023-__ § 2, 2007-23 § 2.)
824-2.008 Accessory Use. An agritourism use is allowed only if it is an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206. If property is located in an
agricultural zoning district but the property is not used for agriculture, then no agritourism use is
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allowed on the property. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.010 Parking.
(a) Adequate parking for consumers and employees must be provided at an agritourism use.
If an agritourism use consists of a structure, one off-street parking space must be
provided for each 300 square feet of structural floor area, with a minimum of two parking
spaces. Each required off-street parking space must be at least nine feet by 19 feet in
size. The required parking spaces may be dirt or gravel. The required parking spaces
need not be paved, striped, or otherwise improved, but must be identifiable. Parking
spaces must be oriented such that vehicles are not required to back onto a public road.
(b) Safe access to and from a public road must be provided with a durable, dustless surface,
such as compacted gravel or a similar permeable surface, or asphalt, except that within 20
feet of a public road all access surfaces must be asphalt. A defined point of ingress and
egress must be provided. An encroachment permit must be obtained for a new point of
access to a public road.
(c) The parking requirements of Chapter 82-16 do not apply to this division. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-2.012 Signs.
(a) One or more on-site commercial signs are allowed on a lot with an agritourism use. An
“on-site commercial sign” is a sign that directs attention to the business activity
conducted or products sold or produced on the lot where the agritourism use is located.
(b) The following on-site commercial signs may be located on a lot with an agritourism use:
(1) One free-standing on-site commercial sign that does not exceed 12 feet in height
or the height of the tallest structure, whichever is lower, and whose total display
surface area does not exceed 32 square feet if the sign is single-sided or 64 square
feet if the sign is double-sided.
(2) Additional on-site commercial signs that are affixed directly to any structure with
an indoor sales area.
(3) One or more additional free-standing on-site commercial signs. No additional
free-standing sign shall exceed 12 feet in height or have a display surface area
greater than 16 square feet.
(c) The total display surface area of all on-site commercial signs on a lot with an agritourism
use shall not exceed 128 square feet.
(d) An on-site commercial sign may not encroach on any public right of way and may not
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conflict with any applicable sight distance.
(e) An on-site commercial sign may not be illuminated unless expressly authorized by a land
use permit. All illuminated signs shall be directed, oriented, and shielded to prevent light
trespass or glare onto adjacent properties, public rights-of-way, and driveway areas. The
land use permit may include conditions as to the time, intensity, direction, and quality of
illumination to mitigate any negative impacts of illumination.
(f) All signs and sign structures shall be maintained in a safe and structurally sound manner
free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly
painted at all times.
(g) A temporary on-site commercial sign must be removed when not in use.
(h) An on-site commercial sign or signs authorized by this division may contain
noncommercial copy in lieu of other copy. Nothing in this division may be construed as
regulating or restricting the use of noncommercial copy or message on any sign allowed
under this section.
(i) If an agritourism use is lawfully established under the provisions of this division, on-site
commercial signs that meet the requirements of this section are allowed without a
separate permit.
(j) Off-site commercial signs are prohibited on a lot with an agritourism use. An “off-site
commercial sign” is an advertising sign that directs attention to a business activity
conducted or product or services sold or offered at a location not on the lot where the
agritourism use is located. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.014 Height and Setbacks. An agritourism use must comply with the height and setback
requirements that apply in the zone in which the property is located. (Ords. 2023-__ § 2, 2007-
23 § 2.)
824-2.016 Events. The requirements of Chapter 82-44, Temporary Events, apply to this division.
(Ord. 2023-__ § 2.)
824-2.018 Permits.
(a) No permit. No permit is required under this division for a grower stand that meets the
standards contained in this division.
(b) Ministerial permit.
(1) Unless a land use permit is otherwise required by subsection (c), below, a
ministerial permit is required before any of the following uses may be established
under this division: farm stand; farm stay; farm dinner; small winery without a
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tasting/on-site sales area; or small olive oil mill without a tasting/on-site sales
area.
(2) An application for a ministerial permit must be made in writing and contain
sufficient information to allow the Department of Conservation and Development
to determine if the agritourism use will meet the standards in this division.
(3) An application for a ministerial permit will be approved without discretionary
review or public hearing unless any of the following grounds for denial exist:
(A) The application is incomplete.
(B) The applicant has not paid all required fees in accordance with the fee
schedule adopted by the Board of Supervisors.
(C) The applicant is delinquent in the payment of County taxes.
(D) A separate agritourism use permit associated with the location or the
applicant was revoked within 24 months before the date of application.
(E) A structure proposed for an agritourism use violates any provision of this
code, including the building standards in Title 7.
(4) After a ministerial permit for farm stay or farm dinner is issued, the department
will notify all owners of property within 300 feet of the farm stay or farm dinner
that a permit was issued. The notice will be in writing and contain the location of
the farm stay or farm dinner, contact information for the responsible party
associated with the permit, contact information for county code enforcement, and
a website address where the agritourism ordinance is listed.
(5) A ministerial permit for farm stay or farm dinner expires one year from the date
the permit was approved, unless it is revoked sooner.
(6) An application to renew a ministerial permit for farm stay or farm dinner must be
filed with the Department of Conservation and Development at least 30 days
before the permit expires.
(7) An application to renew a ministerial permit for farm stays or farm dinners will be
approved ministerially unless any of the following grounds for denial exist:
(A) Any of the grounds for denial under subsection (3) exist.
(B) The application is filed less than 30 days before the permit expires.
(C) The permit is revoked or is the subject of a revocation proceeding at the
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time of application.
(8) A short-term rental proposed for an agricultural zoning district must comply with
the permit requirements of Chapter 88-32.
(c) Land use permit.
(1) A land use permit is required before three or more of the following uses may be
established on a lot under this division: farm stand; farm stay; farm dinner; small
winery without a tasting/on-site sales area; or small olive oil mill without a
tasting/on-site sales area.
(2) A land use permit is required before any of the following uses may be established
under this division: agricamping; bed and breakfast; farm market; farm-to table-
restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on-
site sales area; or small winery with a tasting/on-site sales area.
(3) An application to establish a land use permit under this division must contain all
of the information required by Article 26-2.20 of this code.
(4) An application for a land use permit under this division will be decided in
accordance with Article 26-2.20 of this code. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.020 Fees. Application, review, and permit fees for agritourism uses will be in amounts
established by the Board of Supervisors in the Conservation and Development Department’s fee
schedule. (Ords. 2023-__ § 2, 2007- 23 § 2.)
824-2.022 Other Laws. Agritourism uses also may be subject to ordinances, statutes and
regulations administered by other county departments, including the building department, health
department, public works department, and agricultural commissioner’s office, and may be
subject to state and federal laws and regulations. The establishment of an agritourism use under
this division does not relieve anyone from the obligation to obtain any other permit or license
required by this code or state or federal law. Nothing in this division authorizes the
establishment of a microenterprise home kitchen operation. (Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-4
GROWER STANDS, FARM STANDS, AND FARM MARKETS
824-4.002 Purpose and Intent. The purpose of this chapter is to establish zoning regulations to
allow for the direct marketing of farm products from agricultural producers to consumers, which
the California Legislature has found benefits the agricultural community and the consumer.
(Food and Agricultural Code, sections 47000 and following.) This chapter is intended to allow
facilities that are accessory to on-site agricultural operations where agricultural products are
produced to sell these products as specified, and is not intended to encourage the establishment
of traditional retail stores or convenience markets in agricultural zoning districts. (Ords. 2023-__
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§ 2, 2007-23 § 2.)
824-4.004 Sales Areas.
(a) A grower stand, farm stand, or farm market may consist of one or more outdoor sales
display areas, one or more structures with an indoor sales area, or both.
(b) The total sales area of a grower stand or farm stand, including all outdoor and indoor
sales areas, may not exceed 1,500 square feet.
(c) The total sales area of a farm market, including all outdoor and indoor sales areas, may
not exceed 3,500 square feet. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-4.006 Product Sales.
(a) Grower Stands.
(1) A grower stand may sell farm products produced on-site or proximate to the site.
Vending machines that dispense bottled or canned drinks may also be located at a
grower stand.
(2) The sale at a grower stand of any of the following is prohibited: value-added farm
products; non-agricultural items, except for bottled or canned drinks dispensed
from vending machines; and farm products not produced on-site or proximate to
the site.
(b) Farm Stands.
(1) A farm stand may sell farm products produced on-site or proximate to the site.
(2) Up to 40 percent of the total sales area at a farm stand may be used for the sale of
any or all of the following: value-added farm products produced on-site or
proximate to the site; farm products not produced on-site or proximate to the site;
and non-agricultural items. No more than 10 percent of the total sales area of a
farm stand may be used for the sale of either or both of the following: non-
agricultural items and farm products not produced on-site or proximate to the site.
(c) Farm Markets.
(1) A farm market may sell farm products produced on-site or proximate to the site
and value-added farm products produced on-site or proximate to the site.
(2) Up to 20 percent of the total sales area at a farm market may be used for the sale
of either or both of the following: non-agricultural items and farm products not
produced on-site or proximate to the site.
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(d) No petroleum products or tobacco may be sold or dispensed at any grower stand, farm
stand, or farm market.
(e) Except as otherwise provided in this chapter, nothing may be sold from a motorized
vehicle at any grower stand, farm stand, or farm market unless the vehicle is owned by
the property owner and all sales from the vehicle are in compliance with this chapter.
(Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-6
WINERIES AND OLIVE OIL MILLS
824-6.002 Accessory Facilities.
(a) Production Facilities. The cumulative maximum floor area of all wine production
facilities at a winery or all olive oil production facilities at an olive oil mill is 5,000
square feet.
(b) Tasting/On-Site Sales Areas. The cumulative maximum floor area of all tasting areas and
on-site sales areas at a winery or olive oil mill is 30 percent of the total floor area of all
wine production facilities at the winery or olive oil production facilities at the olive oil
mill. (Ord. 2023-__ § 2.)
824-6.004 Production Standards.
(a) Production Capacity.
(1) Wineries. A small winery may produce no more than 50,000 gallons of wine
annually. A large winery may produce more than 50,000 gallons of wine
annually.
(2) Olive Oil Mills. A small olive oil mill may produce no more than 50,000 gallons
of olive oil annually. A large olive oil mill may produce more than 50,000
gallons of olive oil annually.
(b) Production Ingredients.
(1) A minimum of 25 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown on the premises.
(2) A minimum of 50 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown in Contra Costa County.
(3) The owner of a winery or olive oil mill must maintain records showing the total
annual production amount from fruit grown on the premises and the amount from
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fruit imported from off the premises. The records must indicate the dates of
receipt and the quantities of all imported fruit, and the name and location of the
growing operation from which the fruit is imported. (Ord. 2023-__ § 2.)
824-6.006 Food Service. A winery or olive oil mill may serve food as part of a wine tasting or
olive oil tasting. The following standards apply to food service at a winery or olive oil mill.
(a) Food service must be incidental to the tasting of wine or olive oil.
(b) Food may not be sold separately from the wine or olive oil tasting.
(c) Food service must be limited to small appetizer-size portions with a fixed menu selected
by the winery or olive oil mill. Food service may not involve menu options and meal
service so that the winery or olive oil mill functions as a café or restaurant.
(d) Food service must be limited to one food sample per type of wine or olive oil. (Ord.
2023-__ § 2.)
824-6.08 Winery Permits and Licenses. In addition to all other permits and licenses required
by this code, state law, and federal law, a winery must have a valid permit and bond issued by
the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by
the Bureau, and a current 02 Winegrowers license issued by the California Department of
Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic
Beverage Control that allow other types of alcohol sales are prohibited. (Ord. 2023-__ § 2.)
Chapter 824-8
LODGING IN AGRICULTURAL DISTRICTS
824-8.002 Agritourism Lodging.
(a) Agritourism lodging may be provided only in a legally established residence or legally
established residential accessory structure. Agritourism lodging may not be located
within agricultural employee housing, seasonal or year-round farmworker housing, or
accessory dwelling units.
(b) The minimum parcel size for an agritourism lodging establishment is 10 acres.
(c) The owner of the land on which agritourism lodging is provided, or a tenant farmer, must
reside on the property.
(d) An agritourism lodging establishment may have a maximum of five bedrooms or sleeping
rooms used for lodging.
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(e) The maximum overnight occupancy for agritourism lodging is two persons per bedroom
or sleeping room. Children under 18 years of age are not counted toward occupancy.
The maximum number of agritourism lodging guests that may be on the premises at any
one time is 10.
(f) An agricultural lodging establishment may not provide lodging to a guest for more than
30 consecutive days.
(g) Food Service.
(A) An agricultural lodging establishment may serve food or meals at any time, but
only to registered guests.
(B) The price of food served at a farm stay establishment or bed and breakfast
establishment must be included in the price of the lodging.
(C) No kitchen or kitchenette facilities are allowed in a guest room within an
agritourism lodging establishment.
(h) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the agritourism
lodging establishment is prohibited during quiet hours.
(i) Exterior lighting must be directed downward and away from adjacent properties.
(j) The operator of an agricultural lodging establishment must engage in a program of
agricultural promotion and guest education regarding the agricultural activities on site
and in the area. The program may include active participation in the on-site agricultural
activities as part of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricultural
lodging, including how the program will promote local agriculture and educate guests.
(l) Farm stay establishments. The following additional standard applies to farm stay
establishments: the maximum number of days a farm stay establishment may host guests
in a calendar year is 90 days.
(m) Bed and breakfast establishments. The following additional standards apply to bed and
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breakfast establishments.
(1) At least 80 percent of a parcel where a bed and breakfast establishment is located
must be engaged in agricultural activities and kept free of structures.
(2) A bed and breakfast establishment may only be located on a lot served by a retail
water supplier or within the boundaries of the East Contra Costa County
Groundwater Subbasin. A “retail water supplier” is a public agency, city, county,
or investor-owned water utility regulated by the state Public Utilities Commission
that provides retail water service. A mutual water company is not a retail water
supplier.
(3) In land use districts where a bed and breakfast establishment regulated by this
division would otherwise be a permitted use, it is unlawful to establish a bed and
breakfast establishment if the location of the bed and breakfast establishment is
within one-quarter mile of any parcel occupied by any other bed and breakfast
establishment. For the purposes of this subsection, distance is measured by the
shortest line connecting any point on the property line of the parcel on which the
bed and breakfast establishment will be established to any point on the property
line of the other parcel. (Ord. 2023-__ § 2.)
824-8.004 Agricamping.
(a) Agricamping may be provided only in camping structures, including tent cabins and
yurts, or in travel trailers owned by the property owner. Camping in tents, guest-owned
structures, or guest-owned travel trailers is not allowed.
(b) The minimum parcel size for an agricamping establishment is 10 acres.
(c) The owner of the land on which agricamping is provided, or a tenant farmer, must reside
on the property.
(d) An agricamping establishment may have a maximum of five total camping structures or
travel trailers.
(e) The maximum overnight occupancy for agricamping is two persons per camping
structure or travel trailer. Children under 18 years of age are not counted toward
occupancy. The maximum number of agricamping guests that may be on the premises at
any one time is 10.
(f) An agricamping establishment may not provide lodging to a guest for more than 30
consecutive days.
(g) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
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heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at the agricamping
establishment is prohibited during quiet hours.
(h) Exterior lighting must be directed downward and away from adjacent properties.
(i) An agricamping establishment may serve food or meals at any time, but only to
registered guests. No camp stove, kitchen, or kitchenette facilities are allowed in a
camping structure or travel trailer.
(j) The operator of an agricamping establishment must engage in a program of agricultural
promotion and guest education regarding the agricultural activities on site and in the area.
The program may include active participation in the on-site agricultural activities as part
of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricamping,
including how the program will promote local agriculture and educate guests. (Ord.
2023-__ § 2.)
Chapter 824-10
FOOD SERVICE IN AGRICULTURAL DISTRICTS
824-10.002 Farm Dinners.
(a) Up to 12 farm dinners may be hosted at a property per year.
(b) The maximum number of guests at a farm dinner is 30, except that one farm dinner with a
maximum of 150 guests may be held at a property annually. A farm dinner is not an
event subject to the requirements of Chapter 82-44, Temporary Events.
(c) A farm dinner may be hosted in an existing structure, outdoors on a property, on a patio,
or on a deck. If a farm dinner is hosted in an existing structure, the structure must meet
all building codes and fire codes that apply to the proposed number of guests.
(d) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a farm dinner is
prohibited during quiet hours.
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(e) Exterior lighting must be directed downward and away from adjacent properties.
(f) The host of a farm dinner must engage in a program of agricultural promotion and guest
education regarding the agricultural activities on site and in the area. The program may
include active participation in the on-site agricultural activities as part of the
consideration for the farm dinner.
(g) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the farm dinner,
including how the program will promote local agriculture and educate guests.
(h) This section does not authorize the establishment of a microenterprise home kitchen
operation. Food served at a farm dinner must be prepared in accordance with all
applicable local, state, and federal laws and regulations. (Ord. 2023-__ § 2.)
824-10.004 Farm-to-Table Restaurant.
(a) A farm-to-table restaurant may be established in an existing structure or in a new
structure.
(b) The minimum parcel size for farm-to-table restaurant is 10 acres.
(c) The maximum dining area size in a farm-to-table restaurant is 1,500 square feet.
(d) The maximum dining area capacity in a farm-to-table restaurant is 35 guests.
(e) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the farm-to-table
restaurant is prohibited during quiet hours.
(f) Exterior lighting must be directed downward and away from adjacent properties.
(g) Unless otherwise provided in a land use permit, at least 50 percent of the fruits and
vegetables served at a farm-to-table restaurant must be grown on-site. A land use permit
may, based the site’s agricultural activities and seasonal impacts on production, authorize
a different percentage of fruits and vegetables grown on-site that must be served at the
farm-to-table restaurant. At least 75 percent of the fruits and vegetables served at a farm-
to-table restaurant must be grown within Contra Costa County.
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(h) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also demonstrate how the farm-to-table restaurant will meet the percentage
requirements for fruits and vegetables that must be grown on-site. The plan must also
describe the agricultural promotion program associated with the farm-to-table restaurant,
including how the program will promote local agriculture and educate guests.
(i) At least 80 percent of a parcel where a farm-to-table restaurant is located must be
engaged in agricultural activities and kept free of structures.
(j) A farm-to-table restaurant may only be located on a lot served by a retail water supplier
or within the boundaries of the East Contra Costa County Groundwater Subbasin. A
“retail water supplier” is a public agency, city, county, or investor-owned water utility
regulated by the state Public Utilities Commission that provides retail water service. A
mutual water company is not a retail water supplier.
(k) In land use districts where a farm-to-table restaurant regulated by this division would
otherwise be a permitted use, it is unlawful to establish a farm-to-table restaurant if the
location of the farm-to-table restaurant is within one mile of any parcel occupied by any
other farm-to-table restaurant. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel on which the
farm-to-table restaurant will be established to any point on the property line of the other
parcel. (Ord. 2023-__ § 2.)
824-10.006 Mobile Food Vendors.
(a) Except as otherwise provided for in this section, a food truck or other mobile food vendor
may not operate on any private parcel where an agritourism use is authorized under this
division.
(b) A food truck or other mobile food vendor may operate on a private parcel where an
agritourism use is authorized in any of the following circumstances.
(1) The agritourism use is a grower stand, farm stand, or farm market, and the total
number of days that a food truck or other mobile food vendor operates on the
private parcel does not exceed three days in a calendar year.
(2) A land use permit issued under this division authorizes a food truck or other
mobile food vendor to operate on the private parcel.
(3) The food truck or other mobile food vendor is part of a temporary event
authorized under Chapter 82-44. (Ord. 2023-__ § 2.)
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SECTION 3. Chapter 88-20 of the County Ordinance Code is repealed.
SECTION 4. Section 84-38.404 of the County Ordinance Code is amended to read:
84-38.404 Uses—Requiring land use permit. The following uses may be allowed in an A-2
district on the issuance of a land use permit:
(1) Publicly owned parks and playground.
(2) Dude ranches, riding academies and stables, and dog kennels.
(3) Publicly owned buildings and structures, except as provided in Division 82.
(4) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(5) Wind energy conversion systems. This use is allowed without a land use permit if
used only as an accessory to an allowable residential or agricultural use.
(6) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency
approvals and licenses.
(7) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and
convalescent homes.
(8) Churches, religious institutions, and parochial and private schools.
(9) Community buildings, clubs, and activities of a quasi-public, social, fraternal, or
recreational character, such as golf, tennis or swimming clubs, or veterans' or
fraternal organizations. These uses are prohibited if organized for monetary profit.
(10) One additional single family dwelling.
(11) Medical and dental offices and medical clinics.
(12) Merchandising of agricultural supplies and services incidental to an agricultural
use.
(13) Commercial kitchens or other facilities for creating value-added farm products.
(14) Canneries.
(15) Slaughterhouses and stockyards.
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(16) Rendering plants and fertilizer plants or yards.
(17) Livestock auction or sales yards.
(18) Commercial recreational facilities when the principal use is not in a building.
(19) Boat storage facilities within one mile by public road of a boat launching facility
open to the public. Vessels and vessel trailers may be stored in a boat storage
facility. Recreational vehicles may be stored in a boat storage facility as long as
the number of recreational vehicles stored does not exceed fifteen percent of the
total number of storage spaces in the storage facility.
(20) Retail firewood sales.
(21) Recycling operations intended to sort or process material for reuse. Junkyards,
defined in Section 88-4.206, are prohibited.
(22) Museums in which objects of historical, artistic, scientific or cultural importance
are preserved and displayed.
(23) A farm market.
(24) Agricultural cold storage plants on parcels less than ten acres in size.
(25) Farmworker housing center.
(26) Commercial cannabis activities that meet the requirements of Chapter 88-28.
(Ords. 2023-XX § 4, 2022-37 § 8, 2018-18 § 5, 2017-14 § 10, 2013-12 § 6, 2009-
12 § 3, 2007-23 § 4, 2003-11 § 3, 94-28 § 2, 89-46 § 2, 76-36 § 3, 7437 § 2, 60-
82, 1988, 1569 § 2: prior code § 8156(b): Ords. 1406 § 3, 497 § 4, 382 § 4E).
SECTION 5. Section 84-42.404 of the County Ordinance Code is amended to read:
84-42.404 Uses—Requiring land use permit. The following uses may be allowed in an A-4
district on the issuance of a land use permit:
(1) Related commercial agricultural uses including the erection or modification of
sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing and
buildings for the storage of agricultural products and equipment.
(2) A farm market.
(3) A detached single-family dwelling on each parcel and the accessory structures
and uses normally auxiliary to it. In no event shall any residential structure be
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ORDINANCE NO. 2023-___DRAFT
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permitted to be built or additional residential structure be erected on less than
forty acres per unit for non-prime agricultural land, or less than ten acres per unit
of the agricultural land. A separate land use permit is required for one additional
single-family dwelling on the parcel.
(4) Wholesale nurseries and greenhouses.
(5) Hog ranches.
(6) Dairying.
(7) Fur farms.
(8) Livestock and feed yards.
(9) Poultry raising.
(10) Commercial fish farming.
(11) Commercial kitchens or other facilities for creating value-added farm products.
(12) Canneries.
(13) Mushroom houses.
(14) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(15) Those uses described in Government Code Section 51201(e).
(16) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(17) Farmworker housing center. (Ords. 2023-XX § 5, 2017-14 § 12, 2013-12 § 7,
2007-23 § 6, 2006-19 § 8, 2003-12 § 2, 86-61 § 3, 84-24 § 3, 68-54 § 1 (part),
1968: prior code § 8169(b)).
SECTION 6. Section 84-80.404 of the County Ordinance Code is amended to read:
84-80.404 Uses with land use permit. The following uses may be allowed in an A-20 district
on the issuance of a land use permit:
(1) Merchandising of agricultural supplies and services incidental to agricultural use.
(2) Commercial kitchens or other facilities for creating value-added farm products.
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(3) Canneries.
(4) Cold storage plants.
(5) Rendering plants and fertilizer plants or yards.
(6) Livestock auction or sales yards.
(7) Wholesale nurseries and greenhouses.
(8) Mushroom houses.
(9) Processing of milk not produced on premises.
(10) Dude ranches, riding academies, stables, dog kennels.
(11) Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and
animal hospitals.
(12) Churches, religious institutions, parochial and private schools.
(13) Community buildings, clubs, activities of a quasi-public, social, fraternal or
recreational character.
(14) Medical and/or dental offices and clinics.
(15) Boat storage area within one mile by public road of a public boat launching
facility.
(16) Oil and gas drilling and production including the installation and use of only such
equipment necessary and convenient for drilling and extracting operations.
(17) Commercial radio and television receiving and transmitting facilities other than
broadcasting studios and business offices.
(18) One additional single-family dwelling.
(19) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(20) A farm market.
(21) Farmworker housing center.
(22) Commercial cannabis activities that meet the requirements of Chapter 88-28.
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(23) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency approvals and
licenses. (Ords. 2023-XX § 6, 2022-37 § 9, 2018-18 § 5, 2017-14 § 16, 2013-12 § 9, 2007-23 §
8, 2006-19 § 11, 86-61 § 4, 84-24 § 4, 79-108).SECTION 7. Section 84-82.404 of the County
Ordinance Code is amended to read:
84-82.404 Differences from A-20 district.
The following regulations for A-40 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-40 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-40 district shall be erected or
placed on a lot smaller than 40 acres in area. (Ords. 2023-__ § 7, 2017-14 § 17, 79-108.)
SECTION 8. Section 84-84.404 of the County Ordinance Code is amended to read:
84-84.404 Differences from A-20 district.
The following regulations for A-80 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-20 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-80 district shall be erected or
placed on a lot smaller than 80 acres in area. (Ords. 2023-__ § 8, 2018-18 § 5, 2017-14 §
17, 79-108.)
SECTION 9. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting
for or against it in the East Bay Times, a newspaper published in this County.
PASSED on _______________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Monica Nino, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
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By: ______________________ [SEAL]
Deputy
TLG:
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ORDINANCE NO. 2023-___ DRAFT
AUTHORIZING AGRITOURISM USES IN AGRICULTURAL ZONING DISTRICTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION 1. SUMMARY. This ordinance establishes size and location standards, sales
requirements, and other regulations governing agritourism uses in agricultural zoning districts.
This ordinance also recodifies Chapter 88-20 (Agricultural Farm Stands and Farm Markets) as
Chapter 824-4 (Grower Stands, Farm Stands, and Farm Markets). This ordinance also amends
Chapters 84-82 and 84-84 to allow stables in A-40 and A-80 agricultural zoning districts with the
issuance of a land use permit.
SECTION 2. Division 824 is added to the County Ordinance Code, to read:
Division 824
AGRITOURISM
Chapter 824-2
GENERAL AGRITOURISM REGULATIONS
824-2.002 Purpose and Intent. The purpose of this division is to establish zoning regulations to
allow for a variety of agritourism uses in agricultural zoning districts. Agritourism uses are uses
that are located at a working farm, ranch, or other agricultural operation; are accessory to a
primary agricultural use; are conducted for the enjoyment and education of visitors, guests, or
clients; and generate income for the owner or operator of the working farm, ranch, or other
agricultural operation. (Ord. 2023-__ § 2.)
824-2.004 Definitions. For purposes of this division, the following words and phrases have the
following meanings:
(a) “Agricamping establishment” means an establishment that provides food and lodging in
accordance with this division.
(b) “Agritourism lodging establishment” means a residence in an agricultural zoning district
that is used as a bed and breakfast establishment or a farm stay establishment.
(c) “Agritourism use” means any of the following uses located in an agricultural zoning
district: agricamping; agritourism lodging establishment; farm dinner; farm market; farm
stand; farm-to-table restaurant; grower stand; olive oil mill; or winery.
(d) “Bed and breakfast establishment” means an establishment that provides food and
lodging in accordance with this division.
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(e) “Farm dinner” means an occasion where food is provided in accordance with this
division.
(f) “Farm market” means an area accessory to an on-site agricultural operation that is used to
sell farm products, value-added farm products, and non-agricultural items, as specified,
where the total sales area does not exceed 3,500 square feet.
(g) “Farm product” includes any of the following in its raw or natural state: any agricultural,
horticultural, viticultural, or vegetable product of the soil; poultry products; livestock
products; and apiary products. “Farm product” does not include any livestock, poultry,
fish, or shellfish.
(h) “Farm stand” means an area accessory to an on-site agricultural operation that is used
primarily to sell farm products, value-added farm products, and non-agricultural items, as
specified, where the total sales area does not exceed 1,500 square feet.
(i) “Farm stay establishment” means an establishment that provides food and lodging in
accordance with this division.
(j) “Farm-to-table restaurant” means a restaurant that provides food in accordance with this
division.
(k) “Grower stand” means an area accessory to an on-site agricultural operation that is used
to sell farm products produced on-site or proximate to the site, as specified, where the
total sales area does not exceed 1,500 square feet.
(l) “Large event” means an occasion at an agritourism use establishment organized for a
particular and limited purpose and time, not to exceed three consecutive days, and is an
organized assemblage that exceeds 75 persons.
(m)(l) “Non-agricultural item” means any item offered for sale other than farm products and
value-added farm products.
(n)(m) “Olive oil mill” means an operation for the processing of olives into olive oil. An olive
oil mill may be a small olive oil mill or a large olive oil mill.
(o)(n) “Olive oil production facility” means a facility or facilities at an olive oil mill used for
any of the following activities or uses: harvesting, milling, pressing, and crushing fresh
olives; extraction and blending of olive oil; bottling and labeling of olive oil; storage of
olive oil; laboratory facilities; administrative offices; shipping, receiving, and distribution
of olive oil; equipment storage and repair; composting and removal of olive pomace and
other agricultural product waste, and agricultural wastewater treatment. A tasting area or
on-site sales area at an olive oil mill is not part of the olive oil production facility at the
olive oil mill.
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(p)(o) “Responsible party” means a person that is designated by the applicant as a point of
contact for the agritourism use.
(q)(p) “Value-added farm product” means a farm product that has been changed from its natural
state to an item in a different form through canning, drying, freezing, preserving,
fermenting, compounding, processing, packing, or a similar alteration, so as to increase
the value of the farm product.
(r)(q) “Wine production facility” means a facility or facilities at a winery used for any of the
following activities or uses: crushing or pressing grapes; fermenting wine; aging wine;
processing and blending of wine; bottling and labeling of wine; storage of wine in cellars,
vats, barrels, bottles, or cases; laboratory facilities; administrative offices; shipping,
receiving, and distribution of wine; truck scales; equipment storage and repair;
composting of grape byproducts and other agricultural product waste, and agricultural
wastewater treatment. A tasting area or on-site sales area at a winery is not part of the
wine production facility at the winery.
(s)(r) “Winery” means an operation for the fermentation and processing of grapes into wine, or
the refermentation of still wine into sparkling wine. A winery may be a small winery or a
large winery. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.006 Location.
(a) An agritourism use that complies with the provisions of this division may be located on
any legal lot in an agricultural district (A-2, A-3, A-4, A-20, A-40, and A-80).
(b) Multiple agritourism uses may be permitted on the same lot, except as follows:
(1) A farm stay establishment and a bed and breakfast establishment may not be
permitted on the same lot.
(2) A farm dinner and a farm-to-table restaurant may not be permitted on the same
lot.
(3) A farm market and a farm stand may not be permitted on the same lot.
(4) A farm market and a grower stand may not be permitted on the same lot.
(5) A farm stand and a grower stand may not be permitted on the same lot.
(6) A small olive oil mill and a large olive oil mill may not be permitted on the same
lot.
(7) A small winery and a large winery may not be permitted on the same lot. (Ords.
2023-__ § 2, 2007-23 § 2.)
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824-2.008 Accessory Use. An agritourism use is allowed only if it is an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206. If property is located in an
agricultural zoning district but the property is not used for agriculture, then no agritourism use is
allowed on the property. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.010 Parking.
(a) Adequate parking for consumers and employees must be provided at an agritourism use.
If an agritourism use consists of a structure, one off-street parking space must be
provided for each 300 square feet of structural floor area, with a minimum of two parking
spaces. Each required off-street parking space must be at least nine feet by 19 feet in
size. The required parking spaces may be dirt or gravel. The required parking spaces
need not be paved, striped, or otherwise improved, but must be identifiable. Parking
spaces must be oriented such that vehicles are not required to back onto a public road.
(b) Safe access to and from a public road must be provided with a durable, dustless surface,
such as compacted gravel or a similar permeable surface, or asphalt, except that within 20
feet of a public road all access surfaces must be asphalt. A defined point of ingress and
egress must be provided. An encroachment permit must be obtained for a new point of
access to a public road.
(c) The parking requirements of Chapter 82-16 do not apply to this division. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-2.012 Signs.
(a) One or more on-site commercial signs are allowed on a lot with an agritourism use. An
“on-site commercial sign” is a sign that directs attention to the business activity
conducted or products sold or produced on the lot where the agritourism use is located.
(b) The following on-site commercial signs may be located on a lot with an agritourism use:
(1) One free-standing on-site commercial sign that does not exceed 12 feet in height
or the height of the tallest structure, whichever is lower, and whose total display
surface area does not exceed 32 square feet if the sign is single-sided or 64 square
feet if the sign is double-sided.
(2) Additional on-site commercial signs that are affixed directly to any structure with
an indoor sales area.
(3) One or more additional free-standing on-site commercial signs. No additional
free-standing sign shall exceed 12 feet in height or have a display surface area
greater than 16 square feet.
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(c) The total display surface area of all on-site commercial signs on a lot with an agritourism
use shall not exceed 128 square feet.
(d) An on-site commercial sign may not encroach on any public right of way and may not
conflict with any applicable sight distance.
(e) An on-site commercial sign may not be illuminated unless expressly authorized by a land
use permit. All illuminated signs shall be directed, oriented, and shielded to prevent light
trespass or glare onto adjacent properties, public rights-of-way, and driveway areas. The
land use permit may include conditions as to the time, intensity, direction, and quality of
illumination to mitigate any negative impacts of illumination.
(f) All signs and sign structures shall be maintained in a safe and structurally sound manner
free from deterioration, rust, rot, and loose parts. Each sign face must be clean and neatly
painted at all times.
(g) A temporary on-site commercial sign must be removed when not in use.
(h) An on-site commercial sign or signs authorized by this division may contain
noncommercial copy in lieu of other copy. Nothing in this division may be construed as
regulating or restricting the use of noncommercial copy or message on any sign allowed
under this section.
(i) If an agritourism use is lawfully established under the provisions of this division, on-site
commercial signs that meet the requirements of this section are allowed without a
separate permit.
(j) Off-site commercial signs are prohibited on a lot with an agritourism use. An “off-site
commercial sign” is an advertising sign that directs attention to a business activity
conducted or product or services sold or offered at a location not on the lot where the
agritourism use is located. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.014 Height and Setbacks. An agritourism use must comply with the height and setback
requirements that apply in the zone in which the property is located. (Ords. 2023-__ § 2, 2007-
23 § 2.)
824-2.016 Events. Except as otherwise provided for in this division, tThe requirements of
Chapter 82-44, Temporary Events, apply to this division. (Ord. 2023-__ § 2.)
824-2.018 Permits.
(a) No permit. No permit is required under this division for a grower stand that meets the
standards contained in this division.
(b) Ministerial permit.
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(1) Unless a land use permit is otherwise required by subsection (c), below, a
ministerial permit is required before any of the following uses may be established
under this division: farm stand; farm stay; farm dinner; small winery without a
tasting/on-site sales area and that will not host large events; or small olive oil mill
without a tasting/on-site sales area and that will not host large events.
(2) An application for a ministerial permit must be made in writing and contain
sufficient information to allow the Department of Conservation and Development
to determine if the agritourism use will meet the standards in this division.
(3) An application for a ministerial permit will be approved without discretionary
review or public hearing unless any of the following grounds for denial exist:
(A) The application is incomplete.
(B) The applicant has not paid all required fees in accordance with the fee
schedule adopted by the Board of Supervisors.
(C) The applicant is delinquent in the payment of County taxes.
(D) A separate agritourism use permit associated with the location or the
applicant was revoked within 24 months before the date of application.
(E) A structure proposed for an agritourism use violates any provision of this
code, including the building standards in Title 7.
(4) After a ministerial permit for farm stay or farm dinner is issued, the department
will notify all owners of property within 300 feet of the farm stay or farm dinner
that a permit was issued. The notice will be in writing and contain the location of
the farm stay or farm dinner, contact information for the responsible party
associated with the permit, contact information for county code enforcement, and
a website address where the agritourism ordinance is listed.
(5) A ministerial permit for farm stay or farm dinner expires one year from the date
the permit was approved, unless it is revoked sooner.
(6) An application to renew a ministerial permit for farm stay or farm dinner must be
filed with the Department of Conservation and Development at least 30 days
before the permit expires.
(7) An application to renew a ministerial permit for farm stays or farm dinners will be
approved ministerially unless any of the following grounds for denial exist:
(A) Any of the grounds for denial under subsection (3) exist.
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(B) The application is filed less than 30 days before the permit expires.
(C) The permit is revoked or is the subject of a revocation proceeding at the
time of application.
(8) A short-term rental proposed for an agricultural zoning district must comply with
the permit requirements of Chapter 88-32.
(c) Land use permit.
(1) A land use permit is required before three or more of the following uses may be
established on a lot under this division: farm stand; farm stay; farm dinner; small
winery without a tasting/on-site sales area and that will not host large events; or
small olive oil mill without a tasting/on-site sales area and that will not host large
events.
(2) A land use permit is required before any of the following uses may be established
under this division: agricamping; bed and breakfast; farm market; farm-to table-
restaurant; large olive oil mill; large winery; small olive oil mill with a tasting/on-
site sales area or that will host large events; or small winery with a tasting/on-site
sales area or that will host large events.
(3) An application to establish a land use permit under this division must contain all
of the information required by Article 26-2.20 of this code.
(4) An application for a land use permit under this division will be decided in
accordance with Article 26-2.20 of this code. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-2.020 Fees. Application, review, and permit fees for agritourism uses will be in amounts
established by the Board of Supervisors in the Conservation and Development Department’s fee
schedule. (Ords. 2023-__ § 2, 2007- 23 § 2.)
824-2.022 Other Laws. Agritourism uses also may be subject to ordinances, statutes and
regulations administered by other county departments, including the building department, health
department, public works department, and agricultural commissioner’s office, and may be
subject to state and federal laws and regulations. The establishment of an agritourism use under
this division does not relieve anyone from the obligation to obtain any other permit or license
required by this code or state or federal law. Nothing in this division authorizes the
establishment of a microenterprise home kitchen operation. (Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-4
GROWER STANDS, FARM STANDS, AND FARM MARKETS
824-4.002 Purpose and Intent. The purpose of this chapter is to establish zoning regulations to
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allow for the direct marketing of farm products from agricultural producers to consumers, which
the California Legislature has found benefits the agricultural community and the consumer.
(Food and Agricultural Code, sections 47000 and following.) This chapter is intended to allow
facilities that are accessory to on-site agricultural operations where agricultural products are
produced to sell these products as specified, and is not intended to encourage the establishment
of traditional retail stores or convenience markets in agricultural zoning districts. (Ords. 2023-__
§ 2, 2007-23 § 2.)
824-4.004 Sales Areas.
(a) A grower stand, farm stand, or farm market may consist of one or more outdoor sales
display areas, one or more structures with an indoor sales area, or both.
(b) The total sales area of a grower stand or farm stand, including all outdoor and indoor
sales areas, may not exceed 1,500 square feet.
(c) The total sales area of a farm market, including all outdoor and indoor sales areas, may
not exceed 3,500 square feet. (Ords. 2023-__ § 2, 2007-23 § 2.)
824-4.006 Product Sales.
(a) Grower Stands.
(1) A grower stand may sell farm products produced on-site or proximate to the site.
Vending machines that dispense bottled or canned drinks may also be located at a
grower stand.
(2) The sale at a grower stand of any of the following is prohibited: value-added farm
products; non-agricultural items, except for bottled or canned drinks dispensed
from vending machines; and farm products not produced on-site or proximate to
the site.
(b) Farm Stands.
(1) A farm stand may sell farm products produced on-site or proximate to the site.
(2) Up to 40 percent of the total sales area at a farm stand may be used for the sale of
any or all of the following: value-added farm products produced on-site or
proximate to the site; farm products not produced on-site or proximate to the site;
and non-agricultural items. No more than 10 percent of the total sales area of a
farm stand may be used for the sale of either or both of the following: non-
agricultural items and farm products not produced on-site or proximate to the site.
(c) Farm Markets.
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(1) A farm market may sell farm products produced on-site or proximate to the site
and value-added farm products produced on-site or proximate to the site.
(2) Up to 20 percent of the total sales area at a farm market may be used for the sale
of either or both of the following: non-agricultural items and farm products not
produced on-site or proximate to the site.
(d) No petroleum products or tobacco may be sold or dispensed at any grower stand, farm
stand, or farm market.
(e) Except as otherwise provided in this chapter, nothing may be sold from a motorized
vehicle at any grower stand, farm stand, or farm market unless the vehicle is owned by
the property owner and all sales from the vehicle are in compliance with this chapter.
(Ords. 2023-__ § 2, 2007-23 § 2.)
Chapter 824-6
WINERIES AND OLIVE OIL MILLS
824-6.002 Minimum Lot Size.
(a) A winery may only be located on a lot with a commercial vineyard of at least five acres.
(b) An olive oil mill may only be located on a lot with a commercial olive grove of at least
five acres. (Ord. 2023-__ § 2.)
824-6.004 Accessory Facilities.
(a) Production Facilities. The cumulative maximum floor area of all wine production
facilities at a winery or all olive oil production facilities at an olive oil mill is 5,000
square feet.
(b) Tasting/On-Site Sales Areas. The cumulative maximum floor area of all tasting areas and
on-site sales areas at a winery or olive oil mill is 30 percent of the total floor area of all
wine production facilities at the winery or olive oil production facilities at the olive oil
mill. (Ord. 2023-__ § 2.)
824-6.0046 Production Standards.
(a) Production Capacity.
(1) Wineries. A small winery may produce no more than 50,000 gallons of wine
annually. A large winery may produce more than 50,000 gallons of wine
annually.
(2) Olive Oil Mills. A small olive oil mill may produce no more than 50,000 gallons
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of olive oil annually. A large olive oil mill may produce more than 50,000
gallons of olive oil annually.
(b) Production Ingredients.
(1) A minimum of 25 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown on the premises.
(2) A minimum of 50 percent of a winery’s production or an olive oil mill’s
production must be from fruit grown in Contra Costa County.
(3) The owner of a winery or olive oil mill must maintain records showing the total
annual production amount from fruit grown on the premises and the amount from
fruit imported from off the premises. The records must indicate the dates of
receipt and the quantities of all imported fruit, and the name and location of the
growing operation from which the fruit is imported. (Ord. 2023-__ § 2.)
824-6.0068 Food Service. A winery or olive oil mill may serve food as part of a wine tasting or
olive oil tasting. The following standards apply to food service at a winery or olive oil mill.
(a) Food service must be incidental to the tasting of wine or olive oil.
(b) Food may not be sold separately from the wine or olive oil tasting.
(c) Food service must be limited to small appetizer-size portions with a fixed menu selected
by the winery or olive oil mill. Food service may not involve menu options and meal
service so that the winery or olive oil mill functions as a café or restaurant.
(d) Food service must be limited to one food sample per type of wine or olive oil. (Ord.
2023-__ § 2.)
824-6.010 Retail Water Supplier Required. A winery with a tasting/on-site sales area or that
will host large events, or an olive oil mill with a tasting/on-site sales area or that will host large
events, may only be located on a lot served by a retail water supplier or within the boundaries of
the East Contra Costa County Groundwater Subbasin. A “retail water supplier” is a public
agency, city, county, or investor-owned water utility regulated by the state Public Utilities
Commission that provides retail water service. A mutual water company is not a retail water
supplier. (Ord. 2023-__ § 2.)
824-6.012 Agricultural Activities and Promotion Plan. An agricultural activities and
promotion plan must be submitted with a permit application for a winery that will host large
events or an olive oil mill that will host large events. The plan must demonstrate that the
primary use of the land is for agriculture by including a map of the parcel, the location of
agritourism use(s), the location of any other structures, the locations and type of agricultural
activities to be conducted on the parcel, and the total percentage of parcel area engaged in
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agricultural activities. The plan must also describe the agricultural promotion program
associated with the winery or olive oil mill, including how the program will promote local
agriculture and educate guests. (Ord. 2023-__ § 2.)
824-6.0814 Winery Permits and Licenses. In addition to all other permits and licenses required
by this code, state law, and federal law, a winery must have a valid permit and bond issued by
the U.S. Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau, if required by
the Bureau, and a current 02 Winegrowers license issued by the California Department of
Alcoholic Beverage Control. Licenses issued by the California Department of Alcoholic
Beverage Control that allow other types of alcohol sales are prohibited. (Ord. 2023-__ § 2.)
824-6.016 Large Events at Wineries and Olive Oil Mills.
(a) Except as otherwise provided for in this section, a winery or olive oil mill may not host a
temporary event under Chapter 82-44, Temporary Events.
(b) A land use permit authorizing a winery or olive oil mill may also authorize the winery or
olive oil mill to host large events, consistent with Chapter 824-12. Large events that are
authorized by a land use permit pursuant to this section are allowed without a separate
permit. (Ord. 2023-__ § 2.)
Chapter 824-8
LODGING IN AGRICULTURAL DISTRICTS
824-8.002 Agritourism Lodging.
(a) Agritourism lodging may be provided only in a legally established residence or legally
established residential accessory structure. Agritourism lodging may not be located
within agricultural employee housing, seasonal or year-round farmworker housing, or
accessory dwelling units.
(b) The minimum parcel size for an agritourism lodging establishment is 10 acres.
(c) The owner of the land on which agritourism lodging is provided, or a tenant farmer, must
reside on the property.
(d) An agritourism lodging establishment may have a maximum of five bedrooms or sleeping
rooms used for lodging.
(e) The maximum overnight occupancy for agritourism lodging is two persons per bedroom
or sleeping room. Children under 18 years of age are not counted toward occupancy.
The maximum number of agritourism lodging guests that may be on the premises at any
one time is 10.
(f) An agricultural lodging establishment may not provide lodging to a guest for more than
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ORDINANCE NO. 2023-___DRAFT
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30 consecutive days.
(g) Food Service.
(A) An agricultural lodging establishment may serve food or meals at any time, but
only to registered guests.
(B) The price of food served at a farm stay establishment or bed and breakfast
establishment must be included in the price of the lodging.
(C) No kitchen or kitchenette facilities are allowed in a guest room within an
agritourism lodging establishment.
(h) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the agritourism
lodging establishment is prohibited during quiet hours.
(i) Exterior lighting must be directed downward and away from adjacent properties.
(j) The operator of an agricultural lodging establishment must engage in a program of
agricultural promotion and guest education regarding the agricultural activities on site
and in the area. The program may include active participation in the on-site agricultural
activities as part of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricultural
lodging, including how the program will promote local agriculture and educate guests.
(l) Farm stay establishments. The following additional standard applies to farm stay
establishments: the maximum number of days a farm stay establishment may host guests
in a calendar year is 90 days.
(m) Bed and breakfast establishments. The following additional standards apply to bed and
breakfast establishments.
(1) At least 80 percent of a parcel where a bed and breakfast establishment is located
must be engaged in agricultural activities and kept free of structures.
(2) A bed and breakfast establishment may only be located on a lot served by a retail
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ORDINANCE NO. 2023-___ DRAFT
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water supplier or within the boundaries of the East Contra Costa County
Groundwater Subbasin. A “retail water supplier” is a public agency, city, county,
or investor-owned water utility regulated by the state Public Utilities Commission
that provides retail water service. A mutual water company is not a retail water
supplier.
(3) In land use districts where a bed and breakfast establishment regulated by this
division would otherwise be a permitted use, it is unlawful to establish a bed and
breakfast establishment if the location of the bed and breakfast establishment is
within one-quarter mile of any parcel occupied by any other bed and breakfast
establishment. For the purposes of this subsection, distance is measured by the
shortest line connecting any point on the property line of the parcel on which the
bed and breakfast establishment will be established to any point on the property
line of the other parcel.
(4) Large events at bed and breakfast establishments.
(A) Except as otherwise provided for in this subsection (4), a bed and breakfast
establishment may not host a temporary event under Chapter 82-44, Temporary
Events.
(B)(3) A land use permit authorizing a bed and breakfast establishment may also
authorize the bed and breakfast establishment to host large events, consistent with
Chapter 824-12. Large events that are authorized by a land use permit pursuant to
this subsection (4) are allowed without a separate permit. (Ord. 2023-__ § 2.)
824-8.004 Agricamping.
(a) Agricamping may be provided only in camping structures, including tent cabins and
yurts, or in travel trailers owned by the property owner. Camping in tents, guest-owned
structures, or guest-owned travel trailers is not allowed.
(b) The minimum parcel size for an agricamping establishment is 10 acres.
(c) The owner of the land on which agricamping is provided, or a tenant farmer, must reside
on the property.
(d) An agricamping establishment may have a maximum of five total camping structures or
travel trailers.
(e) The maximum overnight occupancy for agricamping is two persons per camping
structure or travel trailer. Children under 18 years of age are not counted toward
occupancy. The maximum number of agricamping guests that may be on the premises at
any one time is 10.
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(f) An agricamping establishment may not provide lodging to a guest for more than 30
consecutive days.
(g) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at the agricamping
establishment is prohibited during quiet hours.
(h) Exterior lighting must be directed downward and away from adjacent properties.
(i) An agricamping establishment may serve food or meals at any time, but only to
registered guests. No camp stove, kitchen, or kitchenette facilities are allowed in a
camping structure or travel trailer.
(j) The operator of an agricamping establishment must engage in a program of agricultural
promotion and guest education regarding the agricultural activities on site and in the area.
The program may include active participation in the on-site agricultural activities as part
of the consideration for the lodging.
(k) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the agricamping,
including how the program will promote local agriculture and educate guests. (Ord.
2023-__ § 2.)
Chapter 824-10
FOOD SERVICE IN AGRICULTURAL DISTRICTS
824-10.002 Farm Dinners.
(a) Up to 12 farm dinners may be hosted at a property per year.
(b) The maximum number of guests at a farm dinner is 30, except that one farm dinner with a
maximum of 150 guests may be held at a property annually. A farm dinner is not an
event subject to the requirements of Chapter 82-44, Temporary Events.
(c) A farm dinner may be hosted in an existing structure, outdoors on a property, on a patio,
or on a deck. If a farm dinner is hosted in an existing structure, the structure must meet
all building codes and fire codes that apply to the proposed number of guests.
(d) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
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is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a farm dinner is
prohibited during quiet hours.
(e) Exterior lighting must be directed downward and away from adjacent properties.
(f) The host of a farm dinner must engage in a program of agricultural promotion and guest
education regarding the agricultural activities on site and in the area. The program may
include active participation in the on-site agricultural activities as part of the
consideration for the farm dinner.
(g) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also describe the agricultural promotion program associated with the farm dinner,
including how the program will promote local agriculture and educate guests.
(h) This section does not authorize the establishment of a microenterprise home kitchen
operation. Food served at a farm dinner must be prepared in accordance with all
applicable local, state, and federal laws and regulations. (Ord. 2023-__ § 2.)
824-10.004 Farm-to-Table Restaurant.
(a) A farm-to-table restaurant may be established in an existing structure or in a new
structure.
(b) The minimum parcel size for farm-to-table restaurant is 10 acres.
(c) The maximum dining area size in a farm-to-table restaurant is 1,500 square feet.
(d) The maximum dining area capacity in a farm-to-table restaurant is 35 guests.
(e) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours during which noise must be restricted such that it cannot be
heard from neighboring properties shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device outside the farm-to-table
restaurant is prohibited during quiet hours.
(f) Exterior lighting must be directed downward and away from adjacent properties.
(g) Unless otherwise provided in a land use permit, at least 50 percent of the fruits and
vegetables served at a farm-to-table restaurant must be grown on-site. A land use permit
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may, based the site’s agricultural activities and seasonal impacts on production, authorize
a different percentage of fruits and vegetables grown on-site that must be served at the
farm-to-table restaurant. At least 75 percent of the fruits and vegetables served at a farm-
to-table restaurant must be grown within Contra Costa County.
(h) An agricultural activities and promotion plan must be submitted with the permit
application. The plan must demonstrate that the primary use of the land is for agriculture
by including a map of the parcel, the location of agritourism use(s), the location of any
other structures, the locations and type of agricultural activities to be conducted on the
parcel, and the total percentage of parcel area engaged in agricultural activities. The plan
must also demonstrate how the farm-to-table restaurant will meet the percentage
requirements for fruits and vegetables that must be grown on-site. The plan must also
describe the agricultural promotion program associated with the farm-to-table restaurant,
including how the program will promote local agriculture and educate guests.
(i) At least 80 percent of a parcel where a farm-to-table restaurant is located must be
engaged in agricultural activities and kept free of structures.
(j) A farm-to-table restaurant may only be located on a lot served by a retail water supplier
or within the boundaries of the East Contra Costa County Groundwater Subbasin. A
“retail water supplier” is a public agency, city, county, or investor-owned water utility
regulated by the state Public Utilities Commission that provides retail water service. A
mutual water company is not a retail water supplier.
(k) In land use districts where a farm-to-table restaurant regulated by this division would
otherwise be a permitted use, it is unlawful to establish a farm-to-table restaurant if the
location of the farm-to-table restaurant is within one mile of any parcel occupied by any
other farm-to-table restaurant. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel on which the
farm-to-table restaurant will be established to any point on the property line of the other
parcel.
(l) Large events at farm-to-table restaurants.
(1) Except as otherwise authorized provided for in this subsection (l), a farm-to-table
restaurant may not host a temporary event under Chapter 82-44, Temporary Events.
(2)(k) A land use permit authorizing a farm-to-table restaurant may also authorize the farm-to-
table restaurant to host large events, consistent with Chapter 824-12. Large events that
are authorized by a land use permit pursuant to this subsection (l) are allowed without a
separate permit. (Ord. 2023-__ § 2.)
824-10.006 Mobile Food Vendors.
(a) Except as otherwise provided for in this section, a food truck or other mobile food vendor
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may not operate on any private parcel where an agritourism use is authorized under this
division.
(b) A food truck or other mobile food vendor may operate on a private parcel where an
agritourism use is authorized in any of the following circumstances.
(1) The agritourism use is a grower stand, farm stand, or farm market, and the total
number of days that a food truck or other mobile food vendor operates on the
private parcel does not exceed three days in a calendar year.
(2) A land use permit issued under this division authorizes a food truck or other
mobile food vendor to operate on the private parcel.
(3) The food truck or other mobile food vendor is part of a temporary event
authorized under Chapter 82-44. (Ord. 2023-__ § 2.)
Chapter 824-12
LARGE EVENTS HOSTED BY AGRITOURISM USE ESTABLISHMENTS
824-12.002 Large Events – Authorized. A land use permit authorizing any of the following
agritourism uses may also authorize the agritourism use establishment to host large
events, consistent with this chapter.
(a) A winery.
(b) An olive oil mill.
(c) A bed and breakfast establishment.
(d) A farm-to-table restaurant. (Ord. 2023-__ § 2.)
824-12.004 Location. An agritourism use establishment may not host large events if it is located
on a parcel that is within one mile of any parcel occupied by an agritourism use that is permitted
under this division to host large events. For the purposes of this subsection, distance is measured
by the shortest line connecting any point on the property line of the parcel that will host large
events to any point on the property line of the other parcel. (Ord. 2023-__ § 2.)
824-12.006 Conditions.
(a) Number of large events.
(1) A land use permit that authorizes large events at an agritourism use establishment
must limit the annual maximum number of large events for the purposes of
maintaining the agricultural nature of the property and reasonably limiting
impacts on neighbors. In imposing conditions regulating the maximum number of
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large events, the zoning administrator may consider the lot size of the event
venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers
between the venue and surrounding properties, the compatibility of large events
with neighboring uses, and the degree to which large events conflict with the
property’s primary use of agriculture.
(2) The number of large events allowed by a land use permit at an agritourism use
establishment may not exceed the following amounts annually.
(A) On a parcel of less than 40 acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is six.
(B) On a parcel of 40 or more acres, the maximum number of large events an
agricultural use establishment may host in a calendar year is 26.
(b) Number of people. A land use permit that authorizes large events at an agritourism use
establishment must limit the maximum number of people allowed at each event for the
purposes of reasonably limiting impacts on traffic, parking, and neighbors. In imposing
conditions regulating the maximum number of people, the zoning administrator may
consider the lot size of the event venue, parking available to serve the event venue,
proximity of surrounding residences, and the location and size of any buildings or other
visual or noise buffers between the venue and surrounding properties.
(c) Excessive noise that significantly impairs the quiet enjoyment of neighboring properties
is prohibited. Quiet hours, during which noise must be restricted such that it cannot be
heard from neighboring properties, shall be between 10:00 p.m. and 7:00 a.m. the
following morning. The amplification of sound by any device at a large event is
prohibited during quiet hours.
(d) Exterior lighting must be directed downward and away from adjacent properties. (Ord.
2023-__ § 2.)
SECTION 3. Chapter 88-20 of the County Ordinance Code is repealed.
SECTION 4. Section 84-38.404 of the County Ordinance Code is amended to read:
84-38.404 Uses—Requiring land use permit. The following uses may be allowed in an A-2
district on the issuance of a land use permit:
(1) Publicly owned parks and playground.
(2) Dude ranches, riding academies and stables, and dog kennels.
(3) Publicly owned buildings and structures, except as provided in Division 82.
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(4) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(5) Wind energy conversion systems. This use is allowed without a land use permit if
used only as an accessory to an allowable residential or agricultural use.
(6) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency
approvals and licenses.
(7) Hospitals, animal hospitals, eleemosynary and philanthropic institutions, and
convalescent homes.
(8) Churches, religious institutions, and parochial and private schools.
(9) Community buildings, clubs, and activities of a quasi-public, social, fraternal, or
recreational character, such as golf, tennis or swimming clubs, or veterans' or
fraternal organizations. These uses are prohibited if organized for monetary profit.
(10) One additional single family dwelling.
(11) Medical and dental offices and medical clinics.
(12) Merchandising of agricultural supplies and services incidental to an agricultural
use.
(13) Commercial kitchens or other facilities for creating value-added farm products.
(14) Canneries.
(15) Slaughterhouses and stockyards.
(16) Rendering plants and fertilizer plants or yards.
(17) Livestock auction or sales yards.
(18) Commercial recreational facilities when the principal use is not in a building.
(19) Boat storage facilities within one mile by public road of a boat launching facility
open to the public. Vessels and vessel trailers may be stored in a boat storage
facility. Recreational vehicles may be stored in a boat storage facility as long as
the number of recreational vehicles stored does not exceed fifteen percent of the
total number of storage spaces in the storage facility.
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(20) Retail firewood sales.
(21) Recycling operations intended to sort or process material for reuse. Junkyards,
defined in Section 88-4.206, are prohibited.
(22) Museums in which objects of historical, artistic, scientific or cultural importance
are preserved and displayed.
(23) A farm market.
(24) Agricultural cold storage plants on parcels less than ten acres in size.
(25) Farmworker housing center.
(26) Commercial cannabis activities that meet the requirements of Chapter 88-28.
(Ords. 2023-XX § 4, 2022-37 § 8, 2018-18 § 5, 2017-14 § 10, 2013-12 § 6, 2009-
12 § 3, 2007-23 § 4, 2003-11 § 3, 94-28 § 2, 89-46 § 2, 76-36 § 3, 7437 § 2, 60-
82, 1988, 1569 § 2: prior code § 8156(b): Ords. 1406 § 3, 497 § 4, 382 § 4E).
SECTION 5. Section 84-42.404 of the County Ordinance Code is amended to read:
84-42.404 Uses—Requiring land use permit. The following uses may be allowed in an A-4
district on the issuance of a land use permit:
(1) Related commercial agricultural uses including the erection or modification of
sheds, warehouses, granaries, hullers, dryers, fruit and vegetable packing and
buildings for the storage of agricultural products and equipment.
(2) A farm market.
(3) A detached single-family dwelling on each parcel and the accessory structures
and uses normally auxiliary to it. In no event shall any residential structure be
permitted to be built or additional residential structure be erected on less than
forty acres per unit for non-prime agricultural land, or less than ten acres per unit
of the agricultural land. A separate land use permit is required for one additional
single-family dwelling on the parcel.
(4) Wholesale nurseries and greenhouses.
(5) Hog ranches.
(6) Dairying.
(7) Fur farms.
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(8) Livestock and feed yards.
(9) Poultry raising.
(10) Commercial fish farming.
(11) Commercial kitchens or other facilities for creating value-added farm products.
(12) Canneries.
(13) Mushroom houses.
(14) Commercial radio and television receiving and transmitting facilities but not
including broadcasting studios or business offices.
(15) Those uses described in Government Code Section 51201(e).
(16) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(17) Farmworker housing center. (Ords. 2023-XX § 5, 2017-14 § 12, 2013-12 § 7,
2007-23 § 6, 2006-19 § 8, 2003-12 § 2, 86-61 § 3, 84-24 § 3, 68-54 § 1 (part),
1968: prior code § 8169(b)).
SECTION 6. Section 84-80.404 of the County Ordinance Code is amended to read:
84-80.404 Uses with land use permit. The following uses may be allowed in an A-20 district
on the issuance of a land use permit:
(1) Merchandising of agricultural supplies and services incidental to agricultural use.
(2) Commercial kitchens or other facilities for creating value-added farm products.
(3) Canneries.
(4) Cold storage plants.
(5) Rendering plants and fertilizer plants or yards.
(6) Livestock auction or sales yards.
(7) Wholesale nurseries and greenhouses.
(8) Mushroom houses.
(9) Processing of milk not produced on premises.
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(10) Dude ranches, riding academies, stables, dog kennels.
(11) Hospitals, eleemosynary and philanthropic institutions, convalescent homes, and
animal hospitals.
(12) Churches, religious institutions, parochial and private schools.
(13) Community buildings, clubs, activities of a quasi-public, social, fraternal or
recreational character.
(14) Medical and/or dental offices and clinics.
(15) Boat storage area within one mile by public road of a public boat launching
facility.
(16) Oil and gas drilling and production including the installation and use of only such
equipment necessary and convenient for drilling and extracting operations.
(17) Commercial radio and television receiving and transmitting facilities other than
broadcasting studios and business offices.
(18) One additional single-family dwelling.
(19) Wind energy conversion systems, except when used only as an accessory to an
allowable residential or agricultural use.
(20) A farm market.
(21) Farmworker housing center.
(22) Commercial cannabis activities that meet the requirements of Chapter 88-28.
(23) A child care center, as the term is defined in California Code of Regulations, title
22, section 101152(c)(7), that has obtained all required state and local agency
approvals and licenses. (Ords. 2023-XX § 6, 2022-37 § 9, 2018-18 § 5, 2017-14
§ 16, 2013-12 § 9, 2007-23 § 8, 2006-19 § 11, 86-61 § 4, 84-24 § 4, 79-108).
SECTION 74. Section 84-82.404 of the County Ordinance Code is amended to read:
84-82.404 Differences from A-20 district.
The following regulations for A-40 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-40 district for the
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uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-40 district shall be erected or
placed on a lot smaller than 40 acres in area. (Ords. 2023-__ § 74, 2017-14 § 17, 79-
108.)
SECTION 85. Section 84-84.404 of the County Ordinance Code is amended to read:
84-84.404 Differences from A-20 district.
The following regulations for A-80 districts are different from those for A-20 districts:
(1) Uses with land use permit. No land use permit may be issued in an A-20 district for the
uses listed in subsections (11) through (15) of Section 84-80.404.
(2) Area. No building or other structure permitted in an A-80 district shall be erected or
placed on a lot smaller than 80 acres in area. (Ords. 2023-__ § 85, 2018-18 § 5, 2017-14
§ 17, 79-108.)
SECTION 96. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting
for or against it in the East Bay Times, a newspaper published in this County.
PASSED on _______________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: Monica Nino, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
TLG:
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ORDINANCE NO. 2024-XX DRAFT
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ORDINANCE NO. 2024-XX DRAFT
TEMPORARY EVENTS
The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical
footnotes from the official text of the enacted or amended provisions of the County Ordinance
Code):
SECTION I. SUMMARY. This ordinance amends Chapter 82-44 of the County Ordinance Code
to establish specific land use permit conditions for an event venue located in an agricultural zoning
district. This ordinance also establishes noise restrictions applicable to all permitted and
unpermitted events. This ordinance also further regulates commercial events by: prohibiting
unpermitted commercial events; holding commercial event organizers, in addition to property
owners, liable for illegal commercial events; and authorizing Sheriff’s deputies, in addition to code
enforcement officers, to enforce Chapter 82-44.
SECTION II. Section 82-44.206 of the County Ordinance Code is amended to read:
82-44.206 Definitions. For purposes of this chapter, the following words and phrases have the
following meanings:
(a) “Event” means an occasion on private property organized for a particular and limited
purpose and time and is an organized outdoor assemblage that: exceeds 75 persons at a
venue in a residential zoning district or at a venue in an agricultural zoning district or at a
residence in any other zoning district; or exceeds 150 persons at any other venue or location.
“At a residence” means located wholly or in part on a parcel that includes a residence.
“Events” include athletic events, arts and crafts shows, garden parties, carnivals, circuses,
fairs, festivals, musical concerts and other cultural or live entertainment events, and swap
meets. An outdoor assemblage of 75 or fewer persons at a venue in a residential zoning
district or at a venue in an agricultural district or at a residence in any other zoning district,
or 150 or fewer persons at any other venue or location, is not an “event” for purposes of this
ordinance.
(b) “Commercial event” means an event intended to generate financial gain for the sponsors of
the event, or to advertise products, goods, or services. An event that requires paid admission
or charges for parking or that is open or advertised to the general public or that is held at a
venue rented for that purpose is presumed to be a commercial event. An event sponsored by
or intended to benefit any organization that is exempt from taxation under Section 501(c)(3)
or Section 501(c)(4) of the United States Internal Revenue Code is not a commercial event.
(c) “Noise level” means the “A” weighed sound pressure level in decibels obtained by using a
sound level meter at slow meter response with a reference pressure of twenty micropascals.
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ORDINANCE NO. 2024-XX DRAFT
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(d) “Outdoor assemblage” means any assemblage that is not wholly contained within the
interior of a residence. An “outdoor assemblage” includes any assemblage in an accessory
structure, including but not limited to a barn or tent.
(e) “Parade” means a march or procession of people on any county street or right-of-way that
obstructs, delays, or interferes with the normal flow of vehicular traffic, or does not comply
with traffic laws or controls.
(f) “Persons at a venue” means the total of all attendees, invitees, caterers, event monitors,
security, and all other persons who are at an event venue.
(g) “Sound level meter” means an instrument that meets or exceeds American National
Standard Institute's Standard S1.4-1971 for Type 2 sound level meters, or an instrument and
the associated recording and analyzing equipment that will provide equivalent data.
(h) “Temporary event” means an event that occurs for up to one day at a residence or in a
residential zoning district, or up to three consecutive days at any other location.
(i) “Venue” means the site, lot, parcel, contiguous lots or parcels under common ownership,
location, area, or facility where an event is held or is proposed to be held. (Ords. 2024-XX §
2, 2010-11 § 2, 2005-25 § 2.)
SECTION III. Section 82-44.406 of the County Ordinance Code is amended to read:
82-44.406 Restrictions.
(a) No two events may be held at the same venue with fewer than seven days between events.
(b) No commercial event may be held in a residential zoning district.
(c) All events, whether or not a permit is required under this chapter, are subject to the
following noise restrictions:
(1) No event may exceed the noise levels specified in Section 82-44.410.
(2) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through
Thursdays and after 10:00 p.m. Fridays, Saturdays, and holidays. (Ords. 2024-XX §
3, 2005-25 § 2.)
SECTION IV. Subsection (b)(2) of Section 82-44.410 (Conditions) of the County Ordinance Code
is amended to read:
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ORDINANCE NO. 2024-XX DRAFT
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(2) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and
after 10:00 p.m. Fridays, Saturdays, and holidays. A temporary event permit shall not allow
the use of amplified sound after these hours.
(Ords. 2024-XX § 4, 2005-25 § 2.)
SECTION V. Section 82-44.416 (Land use permit required) of the County Ordinance Code is
amended by adding the following subsection (f):
(f) The following conditions shall apply to the issuance of a land use permit for an event venue
located in an agricultural zoning district.
(1) A land use permit that authorizes events at a venue located in an agricultural zoning
district may only be issued if the authorized events are an accessory use on a
property that is used for agriculture, as defined in Section 82-4.206, and the zoning
administrator finds that the proposed events will promote the vitality of agriculture in
the area. If a property is located in an agricultural zoning district but the property is
not used for agriculture, or the zoning administrator does not find that the proposed
events will promote the vitality of agriculture in the area, then no land use permit
authorizing events at the property will be issued.
(2) Number of events. A land use permit that authorizes events at a venue located in an
agricultural zoning district must limit the annual maximum number of events for the
purposes of maintaining the agricultural nature of the property and reasonably
limiting impacts on neighbors. In imposing conditions regulating the maximum
number of events, the zoning administrator may consider the lot size of the event
venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers
between the venue and surrounding properties, the compatibility of events with
neighboring uses, and the degree to which events conflict with the property’s
primary use of agriculture. On a parcel of less than 40 acres, the maximum number
of events per calendar year that may be authorized by a land use permits six. On a
parcel of 40 or more acres, the maximum number of events per calendar year that
may be authorized by a land use permits is 26.
(3) Number of people. A land use permit that authorizes events at a venue located in an
agricultural zoning district must limit the maximum number of people allowed at
each event for the purposes of reasonably limiting impacts on traffic, parking, and
neighbors. In imposing conditions regulating the maximum number of people, the
zoning administrator may consider the lot size of the event venue, parking available
to serve the event venue, proximity of surrounding residences, and the location and
size of any buildings or other visual or noise buffers between the venue and
surrounding properties.
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ORDINANCE NO. 2024-XX DRAFT
4
(4) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through
Thursdays and after 10:00 p.m. Fridays, Saturdays, and holidays. A land use permit
for an event venue located in an agricultural zoning district shall not allow the use of
amplified sound after these hours.
(5) Exterior lighting must be directed downward and away from adjacent properties.
(Ords. 2024-XX § 5, 2010-11 § 6, 2005-25 § 2.)
SECTION VI. Section 82-44.418 of the County Ordinance Code is amended to read:
(a) An event may be monitored by law enforcement and code enforcement officials to
determine compliance with the terms and conditions of the permit.
(b) A temporary event permit may be revoked for any violation of any term or condition that
occurs at an event or for any other reason specified in Section 26-2.2022. A revocation may
be appealed to the board of supervisors within seven days of the revocation.
(c) This chapter may be enforced by any remedy allowed under the Contra Costa County
Ordinance Code or any other remedy allowed by law. These remedies include, but are not
limited to, administrative fines, infraction citations, and cease and desist (abatement) orders.
(d) The following officials and their designees are authorized to enforce this chapter:
(1) Director of Conservation and Development.
(2) Sheriff.
(e) Nothing in this chapter is intended to preclude the enforcement by any Sheriff’s deputy of
Penal Code section 415, the disturbing the peace statute. (Ords. 2024-XX § 6, 2005-25 § 2).
SECTION VII. Section 82-44.420 is added to the County Ordinance Code, to read:
82-44.420 Responsible party liability.
(a) A person violates this chapter if an event that violates this chapter is held on property that
the person owns, rents, leases, or otherwise has possession of, regardless of whether the
person is present when the violation occurs.
(b) A person violates this chapter if an event that the person organizes, supervises, sponsors,
conducts, allows, or controls violates this chapter. (Ord. 2024-XX § 7.)
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ORDINANCE NO. 2024-XX DRAFT
5
SECTION VIII. EFFECTIVE DATE. This ordinance becomes effective 30 days after passage,
and within 15 days after passage shall be published once with the names of supervisors voting for or
against it in the East Bay Times, a newspaper published in this County.
PASSED on ___________________________, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: MONICA NINO, _____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: ______________________ [SEAL]
Deputy
KCK:
442
Title 8 - ZONING
Division 82 - GENERAL REGULATIONS
Chapter 82-44 TEMPORARY EVENTS
Contra Costa County, California, Ordinance Code Created: 2023-10-02 16:34:07 [EST]
(Supp. No. 98, Update 3)
Page 1 of 10
Chapter 82-44 TEMPORARY EVENTS
Sections:
Article 82-44.2. General Provisions
82-44.202 Title.
This chapter is known as the Temporary Events Ordinance of Contra Costa County.
(Ord. 2005-25 § 2).
82-44.204 Purpose.
The purpose of this chapter is to establish procedures for evaluating, permitting, and regulating short-term
activities and events that are conducted on private property and generate or invite considerable public
participation, invitees, or spectators. Because these land uses are temporary, they have negligible or no
permanent effect on the environment, and their potential impact on adjoining properties is either minimal or can
be offset by conditions. The procedures authorize the zoning administrator to approve permits for temporary
events and to require permit conditions or deny permits when necessary to protect the public. The procedures are
necessary to protect and promote the health, safety, and welfare of the public, temporary event participants, and
nearby residents. The procedures are intended to minimize the impacts of temporary events on the normal free
flow of vehicular and pedestrian traffic, to minimize the impacts of noise from temporary events, to protect the
safety of property, and to minimize disturbance and inconvenience to neighbors, neighboring properties and
neighborhoods.
(Ord. 2005-25 § 2).
82-44.206 Definitions.
For purposes of this chapter, the following words and phrases have the following meanings:
(a) "Event" means an occasion on private property organized for a particular and limited purpose and time
and is an organized outdoor assemblage that: exceeds 75seventy-five persons at a venue in a
residential zoning district or at a venue in an agricultural zoning district or at a residence in any other
zoning district;, or exceeds 150one hundred fifty persons at any othera venue or locationin any other
zoning district. “At a residence” means located wholly or in part on a parcel that includes a residence.
“Events” include athletic events, arts and crafts shows, garden parties, carnivals, circuses, fairs,
festivals, musical concerts and other cultural or live entertainment events, and swap meets. "Persons
at a venue" means the total of all attendees, invitees, caterers, event monitors, security, and all other
persons who are at an event venue. An outdoor assemblage of 75seventy-five or fewer personspeople
at a venue in a residential zoning district or at a venue in an agricultural zoning district or at a residence
in any other zoning district, or 150one hundred fifty or fewer personspeople at any othera venue or
locationin any other zoning district, is not an "event" for purposes of this ordinance.
(b) "Commercial event" means an event intended to generate financial gain for the sponsors of the event,
or to advertise products, goods, or services. An event that requires paid admission or charges for
parking or that is open or advertised to the general public is presumed to be a commercial event. An
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event sponsored by or intended to benefit any organization that is exempt from taxation under Section
501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code is not a commercial event.
(c) "Noise level" means the "A" weighed sound pressure level in decibels obtained by using a sound level
meter at slow meter response with a reference pressure of twenty micropascals.
(d) “Outdoor assemblage” means any assemblage that is not wholly contained within the interior of a
residence. An “outdoor assemblage” includes any assemblage in an accessory structure, including but
not limited to a barn or tent.
(e) "Parade" means a march or procession of people on any county street or right-of-way that obstructs,
delays, or interferes with the normal flow of vehicular traffic, or does not comply with traffic laws or
controls.
(fe) "Persons at a venue" means the total of all attendees, invitees, caterers, event monitors, security, and
all other persons who are at an event venue.
(g) "Sound level meter" means an instrument that meets or exceeds American National Standard
Institute's Standard S1.4-1971 for Type 2 sound level meters, or an instrument and the associated
recording and analyzing equipment that will provide equivalent data.
(hf) "Temporary event" means an event that occurs for up to one day at a residence or in a residential
zoning district, or up to three consecutive days at any other location.
(jg) "Venue" means the site, lot, parcel, contiguous lots or parcels under common ownership, location,
area, or facility wherefor which an event is held or is proposed to be held.
(Ords. No. 2024-XX § 2, 2010-11, § 2II, 7-13-10; Ord. 2005-25 § 2).
Article 82-44.4. Permits
82-44.402 Temporary event permit required.
The following uses are allowed in any zoning district only after the issuance of a temporary event permit:
(a) A temporary event, unless the temporary event is exempt from the requirement to obtain a temporary
event permit or a land use permit is required for the event.
(b) Retail sales of Christmas trees between Thanksgiving and December 26;
(c) Retail sales of pumpkins between October 1 and October 31.
(Ord. No. 2010-11, § III, 7-13-10; Ord. 2005-25 § 2).
82-44.404 Exemptions.
The following activities are exempt from the permit requirements of this chapter:
(a) An event held on public property, in a public facility, or in a public park, provided all other permits and
licenses required by this code or state law are obtained, including encroachment permits,
environmental health permits, and state alcoholic beverage control permits.
(b) An event held in a public right-of-way, including a funeral procession or parade, provided all other
permits and licenses required by this code or state law are obtained, including encroachment permits,
environmental health permits, and state alcoholic beverage control permits.
(c) An activity conducted by a governmental agency acting within the scope of its authority.
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(d) Weddings, birthday parties, graduation parties, or other family events held at a private residence,
provided that no more than four of these events are held within a twelve-month period.
(e) An event held at a members-only nonresidential facility where the only participants are members and
their guests.
(f) An event held at a school, provided the event is consistent with the underlying land use entitlement.
(g) An event held at a religious entity's facility, provided the event is consistent with the underlying land
use entitlement.
(h) A film-making activity for which a filming permit has been obtained in accordance with Chapter 56-8 of
this code.
(i) Car washes for fund raising purposes, provided that the car washes are held on private property other
than a residence, are limited to a maximum of two days each month for each sponsoring organization,
and are sponsored by an educational, charitable, religious, or nonprofit group.
(j) Garage sales held at a private residence, provided that sales occur no more than four times within a
twelve-month period per residence, for a maximum of two consecutive days each.
(k) A real estate open house, where a property is for sale, lease or rent.
(Ord. 2005-25 § 2).
82-44.406 Restrictions.
(a) No two events mayshall be held at the same venue with fewer than seven days between events.
(b) No commercial event mayshall be held in a residential zoning district or at a residence in any other zoning
district.
(c) All events, whether or not a permit is required under this chapter, are subject to the following noise
restrictions:
(1) No event may exceed the noise levels specified in Section 82-44.410.
(2) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and after 10:00
p.m. Fridays, Saturdays, and holidays.
(Ords. 2024-XX § 3, 2005-25 § 2).
82-44.408 Application and review.
(a) Any person, entity, business, or group wishing to hold, sponsor, conduct, operate or maintain a temporary
event shall submit a completed temporary event permit application to the department of conservation and
development. The application form shall be signed and verified by the applicant, if an individual; a general
partner authorized to sign on behalf of a partnership; an officer or director authorized to sign on behalf of a
corporation; or a participant authorized to sign on behalf of a joint venture or association. The applicant
must be a qualified applicant pursuant to Section 26-2.1604.
(b) An application is not complete unless it includes all of the following information:
(1) The name, address, and telephone number of the applicant and an alternate contact person.
(2) If the event is proposed to be a commercial event, the name, address and telephone number of the
organization, and the authorized head of the organization. If the event is sponsored by or intended to
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benefit a non-profit organization, certification that the organization is exempt from taxation under
Section 501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code. The purpose of this
requirement is to ensure that commercial events are not held in residential zoning districts or at
residences in any other zoning district. The name of the non-profit organization is not required to be
indicated on the permit application. For a period of ninety days following the event, the applicant must
retain records indicating the name of the organization that the event is sponsored by or intended to
benefit.
(3) The name, address and telephone number of the person who will be present and in charge of the event
on the day of the event.
(4) The type of event (e.g., a concert or arts and crafts show).
(5) Date and estimated starting and ending time of the event, including the time required to prepare and
clean up the venue.
(6) Location of the event, including its street address and assessor's parcel number.
(7) Estimated number of attendees or participants at the event.
(8) The type and estimated number of vehicles and structures that will be used at the event, if any.
(9) Description of any sound amplification equipment that is proposed for use at the event.
(10) Whether any food will be served or sold at the event and, if applicable, the time and manner in which
caterers and catering trucks will be used.
(11) Whether any beverages, including alcoholic beverages, will be served or sold at the event, and whether
any such sales will be wholesale or retail.
(12) Whether security will be employed at the event.
(13) Parking, traffic control, and crowd control measures proposed for the event.
(14) The number and type of events held at the venue in the preceding twenty-four months.
(15) A site plan showing the size and location of property lines, sidewalks, streets, and improvements on
adjacent properties, clearly labeled and drawn to scale.
(16) The time and acts required to prepare the venue for the event and the time and acts required following
the event to clean up and restore the regular use of the property or venue.
(17) The type and location of on-site restrooms.
(c) An application must be submitted at least forty-five days before the proposed event. The department of
conservation and development will have five calendar days to determine whether an application is complete.
If the application is incomplete, the applicant will be notified and will have five days from the date of
notification to provide all of the information required for a complete application. The zoning administrator
will have ten days after submission of a complete application to decide on the application. The zoning
administrator shall approve a complete permit application and issue a permit unless one or more grounds for
denial exists.
(d) No event permit application shall be denied on any grounds except for any of the following:
(1) Information contained in the application is found to be false in any material detail.
(2) The applicant fails to timely file the application form or fails to complete and submit the application
form within five calendar days after having been notified of the additional information or documents
required for a complete application.
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(3) A violation of any term or condition of a temporary event permit previously issued within the
preceding twenty-four months to the applicant or for the private property venue.
(4) Another temporary event permit application has been received prior in time, or has already been
approved, to hold another event at the same time and place requested by the applicant, or so close in
time and place as to cause undue traffic congestion.
(5) The time, route, characteristics, or size of the event will substantially interrupt the safe and orderly
movement of traffic contiguous to the event site or route, or disrupt the use of a street at a time when
it is usually subject to great traffic congestion.
(6) The concentration of persons, animals, or vehicles at the site of the event, or the assembly and
disbanding areas around an event, will prevent proper police, fire, or ambulance services to the venue
and areas contiguous to the event.
(7) The location of the event will substantially interfere with a previously granted encroachment permit or
with any previously scheduled construction or maintenance work scheduled to take place upon or
along county streets.
(8) The proposed event is not allowed under the terms of a previously issued county land use permit.
(9) A temporary event permit previously issued within the preceding twenty-four months to the applicant
or for the specific private property venue was revoked.
(10) Failure to pay an outstanding fine owed for an event previously held at the venue or owed by the
applicant for any event held at any location.
(11) When the grounds for denial of an application for permit specified in subsections (4) through (7),
above, can be mitigated by altering the date, time, duration, size, route, or location of the event, the
zoning administrator shall conditionally approve the application upon the applicant's acceptance of
conditions for permit issuance instead of denying the application. If the grounds for denial cannot be
mitigated by imposing conditions, the permit will be denied.
(e) If the zoning administrator issues a permit, notice of the permit issuance and permit conditions will be
mailed to all properties within three hundred feet of the event venue.
(f) The zoning administrator's decision on the issuance of a permit may be appealed to the conservation and
development director. The applicant may appeal the denial of a permit and may appeal any conditions
imposed on a permit. Any person affected by any time, place, or manner conditions imposed on a permit
may appeal only the permit conditions. Any person other than the applicant who appeals any time, place, or
manner conditions must specify which conditions are being appealed. An appeal must be in writing, must be
filed within five days of the zoning administrator's decision on the permit, and must include an appeal fee.
An appeal hearing will be scheduled before the conservation and development director. The director's
decision will be made at least ten days before the date of the proposed event. The director's decision
following an appeal hearing is final for purposes of exhaustion of administrative remedies.
(g) An application may be submitted less than forty-five days before the proposed event if the proposed event is
a response to a current occurrence whose timing did not allow the applicant to file a timely application. An
application submitted under this section must specify the date of the occurrence to which the proposed
event is responding. If a complete application is filed less than forty-five days before the proposed event, the
zoning administrator shall issue a decision as soon as reasonably practicable. Any appeal must be filed within
three days of the zoning administrator's decision. The conservation and development director's decision on
the appeal will be made at least five days before the date of the proposed event.
(h) Exemption.
(1) No temporary event permit is required for an event held at a venue in a residential zoning district if:
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(A) Three or fewer events are held at the venue within a twelve-month period; and
(B) For properties forty thousand square feet or greater in size, two hundred or fewer total people
will be present at the event; and
(C) For properties less than forty thousand square feet in size, one hundred twenty-five or fewer
total people total will be present at the event.
(2) An event at a residence that is exempt under this subsection (h) from the requirement to obtain a
temporary event permit must comply with the following standards and requirements:
(A) The sound levels at the event cannot exceed the levels specified in subsection (b)(1) of section
82-44.410.
(B) On-site restrooms must be provided at the event.
(C) Dedicated remote parking for the event sufficient to accommodate attendees must be available
if the adjacent streets do not have a graded or paved eight-foot-wide should for parking, and if
parking for all attendees is unable to occur on-site.
(D) At least ten days before the event, the property owner must inform the department of
conservation and development in writing of the time, date, and location of the event.
(E) At least ten days before the event, the property owner must send a notice to all property
occupants within two hundred feet of the event venue of the time, date, and location of the
event.
(3) The exemption under this subsection (h) does not apply if:
(A) Four or more events are held at a venue in a residential district in a twelve-month period.
(B) One of the standards or requirements specified in subsection (h)(2) was violated at a previous
event within the previous twelve months.
(C) More than two hundred people will be at an event in a residential district if the property is forty
thousand square feet or more in size.
(D) More than one hundred twenty-five people will be at an event in a residential district if the
property is less than forty thousand square feet in size.
(Ord. No. 2010-11, § IV, 7-13-10; Ord. 2005-25 § 2).
82-44.410 Conditions.
(a) The zoning administrator may condition the issuance of a temporary events permit by imposing any of the
following requirements concerning the time, place, and manner of the event. The zoning administrator may
consult with public works, fire, and law enforcement officials and may impose time, place, and manner
conditions that are requested by those officials, provided the requested conditions are among the conditions
specified below. No conditions other than those specified below may be placed on a permit. Conditions may
not restrict expressive activity or the content of speech.
(1) Alteration of the date, time, route or location of the event proposed on the application.
(2) Conditions concerning accommodation of pedestrian or vehicular traffic.
(3) Conditions concerning parking, including, but not limited to, requirements for the use of shuttles from
parking areas to the venue.
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(4) Conditions concerning traffic control, including, but not limited to, requirements for the use of traffic
cones or barricades.
(5) Requirements for provision of on-site restrooms.
(6) Requirements for use of security responsible for crowed control, fire watch, general security, and
evacuation of occupants.
(7) Conditions concerning maximum occupancy, based on the size of the venue and for purposes of
minimizing impacts on traffic and parking. In imposing conditions concerning maximum occupancy, the
zoning administrator may consider the lot size of the event venue, proximity of surrounding residences,
density of the underlying zoning district, and the location and size of any buildings between the venue
and surrounding properties.
(8) Restrictions on the number and type of structures at the event, and inspection and approval of
structures.
(9) Compliance with animal protection ordinances and laws.
(10) Requirements for use of garbage containers and cleanup.
(11) Conditions limiting the duration of time and hours of the event (including the time to prepare and
clean up the venue) in order to minimize impacts on traffic and parking.
(12) Time, place, and manner restrictions on the use of amplified sound. The use of amplified sound is
prohibited in a residential district unless allowed as a condition of a temporary event permit.
(b) When a temporary event permit is granted for any event in a residential zoning district or at a residence in
any other zoning district, it is granted subject to the following conditions:
(1) The event shall not generate or emit any noise or sound that exceeds any of the levels specified in the
table below measured at the exterior of any dwelling unit located on another residential property. The
noise generated or emitted shall not exceed the levels specified in the table for the duration of time
specified in the table. Exterior noise levels shall be measured with a sound level meter. The permit shall
incorporate the applicable "allowable exterior noise levels" specified in the table into the permit
conditions only for the duration of time allowed for the event by the permit. For example, if the permit
provides that an event shall end by seven p.m., the "allowable exterior noise levels" allowed between
nine a.m. and eight p.m. shall be incorporated into the conditions, but the event must end by seven
p.m.
Allowable Exterior Noise Levels
Cumulative
Duration of Noise
9 a.m. - 8 p.m. 8 p.m. - 10 p.m.
30 minutes per
hour
60 dBA 55 dBA
15 minutes per
hour
65 dBA 60 dBA
5 minutes per
hour
70 dBA 65 dBA
1 minute per
hour
75 dBA 70 dBA
Level not to be
exceeded at any
time
80 dBA 75 dBA
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(2) Amplified sound by any device is prohibited after 8:00eight p.m. Sundays through Thursdays and after
10:00ten p.m. Fridays, Saturdays, and holidays. A temporary event permit shall not allow the use of
amplified sound after these hours.
(Ords. No. 2024-XX § 4, 2010-11, § 5V, 7-13-10; Ord. 2005-25 § 2).
82-44.412 Duration.
A temporary event permit is valid only for one event. A temporary event permit is valid only for the time or
times specified in the permit. A temporary event permit lapses if not used within the time or times specified.
(Ord. 2005-25 § 2).
82-44.414 Other permits and licenses.
(a) The issuance of a temporary event permit does not relieve anyone from the obligation to obtain any other
permit or license required by this code or state law, including, but not limited to, encroachment permits,
environmental health permits, and state alcoholic beverage control permits.
(b) The issuance of any other permit or license does not relieve anyone from the obligation to obtain a
temporary event permit pursuant to this chapter.
(Ord. 2005-25 § 2).
82-44.416 Land use permit required.
(a) A land use permit is required for an event if any of the following occur:
(1) Three events that required a temporary event permit, or three events at a venue in a residential zoning
district that were exempt from obtaining a permit under subsection (h) of Section 82-44.408, were
previously held at a venue within the preceding twelve months.
(2) Four or more events will be held at a venue in a twelve-month period.
(3) Three or more events will be held at a venue within a forty-five-day period.
(4) An event will last more than one day at a venue in a residential zoning district or at a residence in any
other zoning district, or will last more than three consecutive days at any other location.
(5) More than three hundred people will be present at an event at a venue in a residential zoning district
or an event at a residence in any other zoning district.
(6) A temporary event permit previously issued to the applicant or for the venue was revoked within the
preceding twenty-four months.
(b) It is a violation of this section if the number of people present at an event exceeded a size threshold specified
in subsection (a) above, and a land use permit was not obtained before the event. For purposes of this
section, "the number of people present at an event" means the total of all attendees, invitees, caterers,
event monitors, security, and all other persons who are at the event venue.
(c) If a land use permit or building permit is required for a structure associated with a temporary event, then no
event may be held at the venue without a land use permit.
(d) An application for a land use permit will be decided in accordance with Article 26-2.20 of this code.
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(e) No conditions that restrict expressive activity or the content of speech may be imposed on any land use
permit issued for an event.
(f) The following conditions shall apply to the issuance of a land use permit for an event venue located in an
agricultural zoning district.
(1) A land use permit that authorizes events at a venue located in an agricultural zoning district may only
be issued if the authorized events are an accessory use on a property that is used for agriculture, as
defined in Section 82-4.206, and the zoning administrator finds that the proposed events will promote
the vitality of agriculture in the area. If a property is located in an agricultural zoning district but the
property is not used for agriculture, or the zoning administrator does not find that the proposed events
will promote the vitality of agriculture in the area, then no land use permit authorizing events at the
property will be issued.
(2) Number of events. A land use permit that authorizes events at a venue located in an agricultural
zoning district must limit the annual maximum number of events for the purposes of maintaining the
agricultural nature of the property and reasonably limiting impacts on neighbors. In imposing
conditions regulating the maximum number of events, the zoning administrator may consider the lot
size of the event venue, parking available to serve the event venue, proximity of surrounding
residences, the location and size of any buildings or other visual or noise buffers between the venue
and surrounding properties, the compatibility of events with neighboring uses, and the degree to
which events conflict with the property’s primary use of agriculture. On a parcel of less than 40 acres,
the maximum number of events per calendar year that may be authorized by a land use permit is six.
On a parcel of 40 or more acres, the maximum number of events per calendar year that may be
authorized by a land use permit is 26.
(3) Number of people. A land use permit that authorizes events at a venue located in an agricultural
zoning district must limit the maximum number of people allowed at each event for the purposes of
reasonably limiting impacts on traffic, parking, and neighbors. In imposing conditions regulating the
maximum number of people, the zoning administrator may consider the lot size of the event venue,
parking available to serve the event venue, proximity of surrounding residences, and the location and
size of any buildings or other visual or noise buffers between the venue and surrounding properties.
(4) Amplified sound by any device is prohibited after 8:00 p.m. Sundays through Thursdays and after 10:00
p.m. Fridays, Saturdays, and holidays. A land use permit for an event venue located in an agricultural
zoning district shall not allow the use of amplified sound after these hours.
(5) Exterior lighting must be directed downward and away from adjacent properties.
(Ords. No. 2024-XX § 5, 2010-11, § 6VI, 7-13-10; Ord. 2005-25 § 2).
82-44.418 Enforcement.
(a) An event may be monitored by law enforcement and code enforcement officials to determine compliance
with the terms and conditions of the permit.
(b) A temporary event permit may be revoked for any violation of any term or condition that occurs at an event
or for any other reason specified in Section 26-2.2022 of this code. A revocation may be appealed to the
board of supervisors within seven days of the revocation.
(c) This chaptere county may be enforced this division by any remedy allowed under the Contra Costa Countyis
oOrdinance cCode or any other remedy allowed by law. These remedies include, but are not limited to,
administrative fines, infraction citations, and cease and desist (abatement) orders.
(d) The following officials and their designees are authorized to enforce this chapter:
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(1) Director of Conservation and Development.
(2) Sheriff.
(e) Nothing in this chapter is intended to preclude the enforcement by any Sheriff’s deputy of Penal Code
section 415, the disturbing the peace statute.
(Ords. 2024-XX § 6, 2005-25 § 2).
82-44.420 Responsible party liability.
(a) A person violates this chapter if an event that violates this chapter is held on property that the person owns,
rents, leases, or otherwise has possession of, regardless of whether the person is present when the violation
occurs.
(b) A person violates this chapter if an event that the person organizes, supervises, sponsors, conducts, allows,
or controls violates this chapter.
(Ord. 2024-XX § 7).
Article 82-44.6. Fees and Costs
82-44.602 Application fee.
A nonrefundable application fee for a temporary event permit shall be paid when the application is
submitted. An application for a temporary event permit is not complete until the application fee is paid.
(Ord. 2005-25 § 2).
82-44.604 General.
(a) Permit application fees, regulatory fees, inspection fees, and appeal fees will be in amounts established by
the board of supervisors in the community development department's fee schedule.
(b) Fees required under this chapter are in addition to any other fee required under any other chapter of this
code or any other county, state or federal law or regulation.
(Ord. 2005-25 § 2).
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453
454
455
456
AMENDMENT TO THE TEMPORARY
EVENTS ORDINANCE
C ONTRA C OSTA C OUNTY B OARD OF S UPERVISORS
M ARCH 5, 2024
457
TIMELINE
2005: Temporary Events Ordinance adopted
April 6, 2022: Board of Supervisors adopted Ordinance No. 2022-16, which increased fine amounts for violations of Chapter 82-44.
June 7, 2022: Board of Supervisors adopted Ordinance No. 2022-23, an urgency interim ordinance regulating commercial temporary events.
July 12, 2022: Board adopted Ordinance No. 2022-25, extending the regulations related to commercial temporary events through June 7, 2023.
May 23, 2023: Board of Supervisors adopted Ordinance No. 2023-11, extending the regulations related to commercial temporary events through May 23, 2024.
January 24, 2024: Presented proposed zoning text amendment to the Temporary Events Ordinance to the County Planning Commission.
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UPDATE TO TEMPORARY EVENTS ORDINANCE IS
PRIMARILY INTENDED TO ACCOMPLISH THE FOLLOWING:
a)Integrate the provisions of Ordinance No. 2023-11, (Urgency
Ordinance Extending Regulations Related to Commercial
Temporary Events); and
b)Address the portion of the 2020 Report on Recommendations
on Reforming Agricultural Land Use Policies to Improve Both
Economic Vitality and Sustainability that pertains to
agritourism related events.
3 459
KEY UPDATES TO THE DEFINITION SECTION OF THE
ORDINANCE AND ADDITION OF NOISE RESTRICTIONS
(NOTE: THE PROVISIONS BELOW HAVE GENERALLY BEEN IN EFFECT ALREADY AS
A RESULT OF THE URGENCY ORDINANCES)
Definition of event is would be updated to include gatherings of more 75 people on agriculturally- zoned properties.
“At a residence” is also defined to clarify the reference in the event definition.
Commercial event is also modified to include clarification that an event that requires paid admission or charges parking or that is open or advertised to the general public would be considered a commercial event.
Addition of definitions for outdoor assemblage, persons at a venue, and vacant lot is also included in the amendment to the ordinance.
Addition of noise restrictions for all events includes maximum noise levels and prohibited hours for amplified sound.
4 460
LIST OF CONDITIONS APPLICABLE WHEN A LAND USE PERMIT
IS REQUIREMENT FOR AN EVENT VENUE IN AN AGRICULTURAL
ZONING DISTRICT
Events at a venue located in an agricultural zoning district may only be issued if authorized events are an accessory use of the agricultural use established for the property and a finding is made that the event is consistent with agricultural vitality.
The maximum number of events would be determined by considering the lot size of the event venue, availability of parking to serve the event venue, proximity of surrounding residences, the location and size of any buildings or other visual or noise buffers between the venue and surrounding properties, the compatibility of events with neighboring uses, and the degree to which events conflict with the property’s primary use of agriculture.
On a parcel of less than 40 acres, the maximum number of events per calendar year that may be authorized by a land use permit is six.
On a parcel of 40 or more acres, the maximum number of events per calendar year that may be authorized by a land use permit is 26.
5 461
LIST OF CONDITIONS APPLICABLE WHEN A LAND USE PERMIT
IS A REQUIREMENT FOR AN EVENT VENUE IN AN
AGRICULTURAL ZONING DISTRICT (CONTINUED)
The maximum number of people would be determined by the lot
size of the event venue, parking available to serve the event
venue, proximity of surrounding residences, and the location and
size of any buildings or other visual or noise buffers between the
venue and surrounding properties.
Conditions to limit impacts on neighbors, including prohibited
hours for amplified noise and requirements that exterior lighting
must be directed downward and away from adjacent properties.
6 462
Updates related to the enforcement of the
ordinance
Amendment would authorize the Sheriff and Sheriff’s deputies to
enforce the ordinance.
Holding commercial event organizers, in addition to property
owners, liable for violations of the ordinance.
7 463
STAFF RECOMMENDATIONS
1.OPEN the public hearing on Ordinance No. 2024-07 (Temporary
Events); RECEIVE testimony; and CLOSE the public hearing.
2.ADOPT Ordinance No. 2024-07, amending the County’s Temporary
Events Ordinance to prohibit unpermitted commercial temporary
events, establish standards for temporary events in agricultural zoning
districts, establish new enforcement mechanisms, and related
provisions.
3.DETERMINE that the adoption of Ordinance No. 2024-07 is exempt
from CEQA under CEQA Guidelines Sections 15061(b)(3) (common
sense exemption).
4.Direct staff to file a Notice of Exemption with the County Clerk.
8 464
QUESTIONS
9 465
466
467
468
469
470
RECOMMENDATION(S):
1. OPEN the public hearing on Ordinance No. 2023-11, RECEIVE testimony, and CLOSE the public hearing.
2. ADOPT Ordinance No. 2023-11, an urgency interim ordinance that extends, through May 23, 2024, a prohibition on unpermitted commercial
temporary events, establishes new enforcement mechanisms, and related provisions.
3. DETERMINE that adoption of Ordinance No. 2023-11 is exempt from the California Environmental Quality Act (CEQA) under CEQA
Guidelines Section 15061 (b)(3).
4. DIRECT staff to file a CEQA Notice of Exemption with the County Clerk-Recorder.
FISCAL IMPACT:
None.
BACKGROUND:
On June 7, 2022, the Board of Supervisors adopted Ordinance No. 2022-23, an urgency interim ordinance that immediately implemented
regulations related to commercial temporary events, including a prohibition on unpermitted commercial temporary events and new enforcement
mechanisms. On July 12, 2022, the Board adopted Ordinance No. 2022-25, extending the regulations related to commercial temporary events
through June 7, 2023. This urgency ordinance, Ordinance No. 2023-11, would extend the regulations related to commercial temporary events
through May 23, 2024, while the County continues developing amendments to Ordinance Code Chapter 82-44, the Temporary Events
Ordinance of Contra Costa County.
This urgency interim ordinance extension is necessary to address significant negative impacts caused by an increase in unpermitted commercial
events within the County. The County regulates short-term activities and events that are conducted on private property and generate or invite
considerable public participation, invitees, or spectators under Chapter 82-44. Chapter 82-44 establishes procedures for evaluating, permitting,
and regulating temporary events. These procedures authorize the zoning administrator to approve permits for temporary events and to require
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 05/23/2023 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: Francisco Avila, 925-655-2866
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED: May 23, 2023
Monica Nino, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
D.2
To:Board of Supervisors
From:John Kopchik, Director, Conservation & Development Department
Date:May 23, 2023
Contra
Costa
County
Subject:Hearing to Consider Adopting Urgency Interim Ordinance No. 2023-11
471
BACKGROUND: (CONT'D)
permit conditions, or deny permits when necessary. These procedures are necessary to protect and promote the health, safety and welfare of
the public, temporary event participants, and nearby residents. Under Chapter 82-44, commercial events held on private property without a
permit, and commercial events that violate the noise or amplified sound restrictions set forth in Chapter 82-44, are illegal.
Over the past several years, the number of unpermitted commercial events held on private property has increased. These unpermitted
commercial events typically are widely advertised, or require paid admission, or charge for parking. Because they are unpermitted, these
commercial events are not subject to any conditions, such as noise restrictions, parking requirements, on-site restroom requirements, and
other requirements designed to minimize the impact of these events on the normal free flow of vehicular and pedestrian traffic, minimize the
impacts of noise from these events, protect the safety of property, and minimize disturbance and inconvenience to neighbors, neighboring
properties, and neighborhoods.
In an effort to deter these unpermitted events, on April 26, 2022, the Board of Supervisors adopted Ordinance No. 2022-16, to increase fine
amounts for violations of Chapter 82-44. Ordinance No. 2022-16 establishes the following fine amounts for violations of Chapter 82-44:
$150 for the first violation, $700 for a second violation occurring within three years of the first violation, and $2,500 for each additional
violation occurring within three years of the first violation. Code enforcement officers have begun to issue increased fines to property
owners for holding unpermitted commercial events and for other violations of Chapter 82-44.
Adopting this urgency ordinance to extend the regulations related to commercial temporary events will allow staff to continue developing
amendments to Chapter 82-44 that will hold commercial event organizers, in addition to property owners, liable for illegal commercial
events; will authorize Sheriff's deputies, in addition to code enforcement officers, to enforce Chapter 82-44; ensure that commercial event
organizers do not evade the requirements of Chapter 82-44 by characterizing these commercial events as non-commercial events exempt
from the Temporary Events Ordinance's permit requirements.
Staff recommends the Board adopt the proposed urgency ordinance to extend the regulations related to commercial temporary events while
DCD prepares amendments to Chapter 82-44 of the County Ordinance Code. The amendments to Chapter 82-44 must be considered by the
County Planning Commission before being considered for adoption by the Board of Supervisors, and will not go into effect until 30 days
after adoption by the Board. Since the number of unpermitted commercial events held on private property had increased prior to the June 7,
2022 adoption of the regulations proposed for extension, and additional unpermitted events are likely to occur before the proposed
amendments to Chapter 82-44 become effective, this urgency ordinance is necessary to protect the public health, safety, and welfare.
CEQA COMPLIANCE
Adoption of the proposed urgency interim ordinance is exempt from CEQA because it can be seen with certainty that adoption of the
ordinance will not have a significant effect on the environment. The proposed ordinance would extend temporary regulations related to
commercial temporary events. These regulations include a prohibition on unpermitted commercial temporary events and the establishment
of new enforcement mechanisms.
CONSEQUENCE OF NEGATIVE ACTION:
The failure to extend the urgency ordinance may result in continued significant negative impacts caused by unpermitted commercial events
that adversely affect the general health, safety, and welfare of County residents.
ATTACHMENTS
5.10.23 Rpt to Board
ORDINANCE NO. 2023-11
472
ORDINANCE NO. 2023-11
Page 1
ORDINANCE NO. 2023-11
URGENCY ORDINANCE EXTENDING REGULATIONS RELATED TO COMMERCIAL
TEMPORARY EVENTS
The Contra Costa County Board of Supervisors ordains as follows:
Section 1. Findings.
A. The purpose of this urgency interim ordinance is to extend regulations related to
commercial temporary events while the County considers preparing amendments to
Ordinance Code Chapter 82-44, the Temporary Events Ordinance of Contra Costa
County, to establish permanent regulations to address impacts cause by commercial
temporary events.
B. The County regulates short-term activities and events that are conducted on private
property and generate or invite considerable public participation, invitees, or spectators
under Chapter 82-44.
C. Chapter 82-44 establishes procedures for evaluating, permitting, and regulating
temporary events. These procedures authorize the zoning administrator to approve
permits for temporary events and to require permit conditions, or deny permits when
necessary. These procedures are necessary to protect and promote the health, safety, and
welfare of the public, temporary event participants, and nearby residents.
D. Under Chapter 82-44, commercial events held on private property without a permit, and
commercial events that violate the noise or amplified sound restrictions set forth in
Chapter 82-44, are illegal.
E. On April 26, 2022, the Board of Supervisors adopted Ordinance No. 2022-16, which
increased fine amounts for violations of Chapter 82-44, including illegal commercial
events. Ordinance No. 2022-16 establishes the following fine amounts for these
violations: $150 for the first violation, $700 for a second violation occurring within three
years of the first violation, and $2,500 for each additional violation occurring within three
years of the first violation.
F. Over the past several years, the number of unpermitted commercial events held on private
property has increased. These unpermitted commercial events typically are widely
advertised, or require paid admission, or charge for parking, or are otherwise open to the
public. Because they are unpermitted, these commercial events are not subject to any
conditions, such as noise restrictions, parking requirements, on-site restroom
requirements, and other requirements designed to minimize the impacts of these events
on the normal free flow of vehicular and pedestrian traffic, minimize the impacts of noise
from temporary events, protect the safety of property, and minimize disturbance and
inconvenience to neighbors, neighboring properties, and neighborhoods.
G. The Department of Conservation and Development is preparing amendments to Chapter
82-44 that will hold commercial event organizers, in addition to property owners, liable
473
ORDINANCE NO. 2023-11
Page 2
for illegal commercial events; authorize Sheriff’s deputies, in addition to code
enforcement officers, to enforce Chapter 82-44; and ensure that commercial event
organizers do not evade the requirements of Chapter 82-44 by characterizing these
commercial events as non-commercial events exempt from the Temporary Events
Ordinance’s permit requirements.
H. On June 7, 2022, the Board of Supervisors adopted Ordinance No. 2022-23, an urgency
interim ordinance regulating commercial temporary events by: prohibiting unpermitted
commercial events; holding commercial event organizers, in addition to property owners,
liable for illegal commercial events; and authorizing Sheriff’s deputies, in addition to
code enforcement officers, to enforce Chapter 82-44. On July 12, 2022, the Board
adopted Ordinance No. 2022-25, extending the regulations related to commercial
temporary events for 10 months and 15 days, through June 7, 2023.
I. This ordinance, extending the regulations another year, is necessary to proceed with an
orderly planning process that takes into account consideration of the amendments to the
County’s Temporary Events Ordinance. Since the number of unpermitted commercial
events held on private property has increased, and additional unpermitted events are
likely to occur before the proposed amendments to Chapter 82-44 become effective, this
urgency interim ordinance is necessary to protect the public health, safety, and welfare by
extending these new commercial event regulations.
Section 2. Extension. The regulations established by Ordinance No. 2022-23, and extended by
Ordinance No. 2022-25, are extended for one year, through May 23, 2024.
Section 3. Definitions. For purposes of this ordinance, the following words and phrases have
the following meanings:
(a) “Event” means an occasion on private property organized for a particular and limited
purpose and time and is an organized outdoor assemblage that: exceeds 75 persons at a
venue in a residential zoning district or at a residence in any other zoning district or on a
vacant lot; or exceeds 150 persons at any other venue or location. “At a residence” means
located wholly or in part on a parcel that includes a residence. “Events” include athletic
events, arts and crafts shows, garden parties, carnivals, circuses, fairs, festivals, musical
concerts and other cultural or live entertainment events, and swap meets. An outdoor
assemblage of 75 or fewer persons at a venue in a residential zoning district or at a
residence in any other zoning district or on a vacant lot, or 150 or fewer persons at any
other venue or location, is not an “event” for purposes of this ordinance.
(b) “Commercial event” means an event intended to generate financial gain for the sponsors
of the event, or to advertise products, goods or services. An event that requires paid
admission or charges for parking or that is open or advertised to the general public is
presumed to be a commercial event. An event sponsored by or intended to benefit any
organization that is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of
the United States Internal Revenue Code is not a commercial event.
474
ORDINANCE NO. 2023-11
Page 3
(c) “Outdoor assemblage” means any assemblage that is not wholly contained within the
interior of a residence. An “outdoor assemblage” includes any assemblage in an
accessory structure, including but not limited to a barn or tent.
(d) “Persons at a venue” means the total of all attendees, invitees, caterers, event monitors,
security, and all other persons who are at an event venue.
(e) “Vacant lot” means a lot or parcel that is unimproved.
(f) “Venue” means the site, lot, parcel, contiguous lots or parcels under common ownership,
location, area, or facility where an event is held or is proposed to be held.
Section 4. Unpermitted Commercial Events Prohibited.
No commercial event may be held on private property without a permit issued under Chapter 82-
44.
Section 5. Noise Restrictions.
No event may exceed the noise levels specified in Section 82-44.410.
Section 6. Responsible Party Liability.
(a) A person violates this ordinance or Chapter 82-44 if an event that violates this ordinance
or Chapter 82-44 is held on property that the person owns, rents, leases, or otherwise has
possession of, regardless of whether the person is present when the violation occurs.
(b) A person violates this ordinance or Chapter 82-44 if an event that the person organizes,
supervises, sponsors, conducts, allows, or controls violates this ordinance or Chapter 82-
44.
Section 7. Enforcement.
(a) This ordinance may be enforced by any remedy allowed under the Contra Costa County
Ordinance Code or any other remedy allowed by law. These remedies include, but are
not limited to, administrative fines, infraction citations, and cease and desist (abatement)
orders.
(b) The following officials and their designees are authorized to enforce this ordinance and
Chapter 82-44:
(1) Director of Conservation and Development.
(2) Sheriff.
(c) Nothing in this ordinance is intended to preclude the enforcement by any Sheriff’s deputy
of Penal Code section 415, the disturbing the peace statute.
475
ORDINANCE NO. 2023-11
Page 4
(d) In the event of a conflict between this ordinance and any conditions or requirements of a
land use permit issued by the County, the conditions or requirements of the land use
permit will govern.
Section 8. Reports. In accordance with subdivision (d) of Government Code section 65858, ten
days before this ordinance and any extension of it expires, the Conservation and Development
Department shall file with the Clerk of the Board a written report describing the measures taken
to alleviate the conditions that led to the adoption of this urgency interim ordinance.
Section 9. Severability. If any provision or clause of this ordinance or the application thereof to
any person or circumstance is held to be unconstitutional or to be otherwise invalid by any court
of competent jurisdiction, that invalidity shall not affect other ordinance provisions or clauses or
applications thereof that can be implemented without the invalid provision or clause or
application, and to this end the provisions and clauses are declared to be severable. The Board of
Supervisors declares that it would have adopted this ordinance and each provision thereof
irrespective of whether any one or more provisions are found invalid, unconstitutional, or
otherwise unenforceable.
Section 10. Declaration of Urgency. This ordinance is hereby declared to be an urgency
ordinance necessary for the immediate preservation of the public peace, health, and safety of the
County. The facts constituting the urgency of this ordinance’s adoption are set forth in
Section 1.
Section 11. Effective Date. This ordinance becomes effective immediately upon passage by
four-fifths vote of the Board of Supervisors and shall continue in effect for a period of one year,
through May 23, 2024, pursuant to Government Code section 65858.
Section 12. Publication. Within 15 days after passage, this ordinance shall be published once
with the names of the supervisors voting for and against it in the East Bay Times, a newspaper
published in this County.
PASSED ON May 23, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: MONICA NINO, ____________________________
Clerk of the Board of Supervisors Board Chair
and County Administrator
By: _________________________ [SEAL]
Deputy
476
CONTRA COSTA COUNTY
DEPARTMENT OF CONSERVATION AND DEVELOPMENT
30 MUIR ROAD
MARTINEZ, CA 94597
Subject: Proposal to Prepare and Action Plan for Community Outreach Regarding
Noise Concerns Within the Unincorporated Areas of Contra Costa County
Scope of Project
Task 1: Initial Outreach to Municipal Advisory Committees (MACs)
Department of Conservation and Development (DCD) staff will craft an introductory memo
addressing the possibility of noise concerns within MAC communities and the County’s
intent to understand these concerns. Subsequently, a follow up survey to include noise-
related questions will be sent to the MACS with a request for response.
Task 2: Extend Invitations to Host In Person Meetings Related to Noise Concerns
DCD Staff will extend offers to host in person meetings with each MAC if requested, to
provide additional opportunities for public input regarding specific community-related
noise issues that may not have been addressed in the initial outreach survey.
Task 3: Invite MAC Members and Other Interested People to Join a Countywide Work
Group
Upon conclusion of the MAC member survey and in person public meeting outreach, DCD
staff will solicit interested people in joining a countywide work group to stay abreast of
ongoing noise related issues as well as provide additional input as concerns come up.
Task 4: Report the Findings of the Outreach Survey, In Person Meetings and Work
Group to the Board of Supervisors
Staff will collect the findings and concerns expressed from MAC members and other
interested persons within the County and draft a report on the noise related issues raised
to be presented to the Board at a later date. Staff will also make recommendations of
follow-up actions to the Board based on the information presented.
477
Animal Services Department FY 2023/24
Donation Report Quarter 1 ‐ July 1, 2023 through September 30, 2023
Program Description Date Posted Amount
GENERAL ABF GENERAL DONATION 7/6/2023 $60.00
GENERAL ABF GENERAL DONATION 7/7/2023 $538.34
GENERAL ABF GENERAL DONATION 7/7/2023 $100.00
GENERAL ABF GENERAL DONATION 7/20/2023 $225.00
GENERAL ABF GENERAL DONATION 7/20/2023 $90.00
GENERAL ABF GENERAL DONATION 7/20/2023 $156.00
GENERAL ABF GENERAL DONATION 7/20/2023 $244.00
GENERAL ABF GENERAL DONATION 7/26/2023 $20.76
GENERAL ABF GENERAL DONATION 7/27/2023 $40.00
GENERAL ABF GENERAL DONATION 7/31/2023 $2,237.32
GENERAL ABF GENERAL DONATION 8/2/2023 $1,000.00
GENERAL ABF GENERAL DONATION 8/2/2023 $100.00
GENERAL ABF GENERAL DONATION 8/2/2023 $100.00
GENERAL ABF GENERAL DONATION 8/2/2023 $50.00
GENERAL ABF GENERAL DONATION 8/2/2023 $2,420.00
GENERAL ABF GENERAL DONATION 8/2/2023 $135.00
GENERAL ABF GENERAL DONATION 8/4/2023 $500.00
GENERAL ABF GENERAL DONATION 8/4/2023 $942.48
GENERAL ABF GENERAL DONATION 8/4/2023 $40.00
GENERAL ABF GENERAL DONATION 8/7/2023 $0.34
GENERAL ABF GENERAL DONATION 8/8/2023 $64.00
GENERAL ABF GENERAL DONATION 8/10/2023 $12.50
GENERAL ABF GENERAL DONATION 8/15/2023 $85.00
GENERAL ABF GENERAL DONATION 8/15/2023 $100.00
GENERAL ABF WEBSITE DONATION 8/17/2023 -$1.28
GENERAL ABF GENERAL DONATION 8/18/2023 $70.00
GENERAL ABF GENERAL DONATION 8/18/2023 $123.13
GENERAL ABF GENERAL DONATION 8/18/2023 $500.00
GENERAL ABF WEBSITE DONATION 8/23/2023 $100.00
GENERAL ABF GENERAL DONATION 8/23/2023 $1,000.00
GENERAL ABF GENERAL DONATION 8/23/2023 $20.76
GENERAL ABF GENERAL DONATION 8/25/2023 $436.46
GENERAL ABF GENERAL DONATION 8/25/2023 $20.00
GENERAL ABF GENERAL DONATION 8/25/2023 $5.00
GENERAL ABF GENERAL DONATION 8/25/2023 $100.00
GENERAL ABF GENERAL DONATION 8/30/2023 $1,045.00
GENERAL ABF GENERAL DONATION 8/31/2023 $6.00
GENERAL ABF GENERAL DONATION 8/31/2023 $6.00
GENERAL ABF GENERAL DONATION 9/5/2023 $40.00
GENERAL ABF GENERAL DONATION 9/6/2023 $0.08
GENERAL ABF GENERAL DONATION 9/6/2023 $100.00
GENERAL ABF GENERAL DONATION 9/7/2023 $5.00
GENERAL ABF GENERAL DONATION 9/7/2023 $40.00
GENERAL ABF GENERAL DONATION 9/7/2023 $609.11
GENERAL ABF GENERAL DONATION 9/8/2023 $200.00
GENERAL ABF GENERAL DONATION 9/8/2023 $40.00
GENERAL ABF GENERAL DONATION 9/13/2023 $625.00
GENERAL ABF GENERAL DONATION 9/15/2023 $20.76
GENERAL ABF GENERAL DONATION 9/20/2023 $200.00
GENERAL ABF GENERAL DONATION 9/27/2023 $30.00
GENERAL ABF GENERAL DONATION 9/28/2023 $350.00
GENERAL ABF GENERAL DONATION 9/28/2023 $50.00
GENERAL ABF GENERAL DONATION 9/28/2023 $50.00
GENERAL ABF GENERAL DONATION 9/28/2023 $40.00
GENERAL ABF GENERAL DONATION 9/28/2023 $40.00
Summary by Donation Type
Type Total
GENERAL DONATION $15,033.04
WEBSITE DONTATION $98.72
Grand Total $15,131.76
478
Animal Services Department FY 2023/24
Donation Report Quarter 2 ‐ October 1, 2023 through December 31, 2023
Program Description Date Posted Amount
GENERAL ABF GENERAL DONATION 10/2/2023 $48.17
GENERAL ABF GENERAL DONATION 10/4/2023 $50.00
GENERAL ABF GENERAL DONATION 10/4/2023 $75.00
GENERAL ABF GENERAL DONATION 10/5/2023 $65.00
GENERAL ABF GENERAL DONATION 10/11/2023 $507.00
GENERAL ABF GENERAL DONATION 10/11/2023 $99.11
GENERAL ABF GENERAL DONATION 10/13/2023 $0.24
GENERAL ABF GENERAL DONATION 10/13/2023 $200.00
GENERAL ABF GENERAL DONATION 10/16/2023 $50.00
GENERAL ABF GENERAL DONATION 10/18/2023 $105.00
GENERAL ABF GENERAL DONATION 10/18/2023 $50.00
GENERAL ABF GENERAL DONATION 10/18/2023 $25.00
GENERAL ABF GENERAL DONATION 10/18/2023 $100.00
GENERAL ABF GENERAL DONATION 10/19/2023 $500.00
GENERAL ABF GENERAL DONATION 10/20/2023 $90.00
GENERAL ABF GENERAL DONATION 10/24/2023 $50.00
GENERAL ABF GENERAL DONATION 10/25/2023 $175.00
GENERAL ABF GENERAL DONATION 10/26/2023 $123.80
GENERAL ABF GENERAL DONATION 10/27/2023 $65.00
GENERAL ABF GENERAL DONATION 10/30/2023 $100.00
GENERAL ABF GENERAL DONATION 10/30/2023 $25.50
GENERAL ABF GENERAL DONATION 10/30/2023 $150.00
GENERAL ABF GENERAL DONATION 10/31/2023 $9,196.93
GENERAL ABF GENERAL DONATION 11/2/2023 $31.14
GENERAL ABF GENERAL DONATION 11/3/2023 $6.00
GENERAL ABF GENERAL DONATION 11/3/2023 $40.00
GENERAL ABF GENERAL DONATION 11/6/2023 $127.00
GENERAL ABF GENERAL DONATION 11/6/2023 $1,078.28
GENERAL ABF GENERAL DONATION 11/6/2023 $1,796.00
GENERAL ABF GENERAL DONATION 11/6/2023 $25.00
GENERAL ABF GENERAL DONATION 11/9/2023 $40.00
GENERAL ABF GENERAL DONATION 11/13/2023 $148.40
GENERAL ABF GENERAL DONATION 11/13/2023 $100.00
GENERAL ABF GENERAL DONATION 11/16/2023 $40.00
GENERAL ABF GENERAL DONATION 11/16/2023 $355.00
GENERAL ABF GENERAL DONATION 11/16/2023 $132.00
GENERAL ABF GENERAL DONATION 11/16/2023 $20.00
GENERAL ABF GENERAL DONATION 11/16/2023 $50.00
GENERAL ABF GENERAL DONATION 11/16/2023 $6.00
GENERAL ABF GENERAL DONATION 11/16/2023 $12.00
GENERAL ABF GENERAL DONATION 11/16/2023 $52.50
GENERAL ABF GENERAL DONATION 11/17/2023 $0.57
GENERAL ABF GENERAL DONATION 11/21/2023 $20.76
GENERAL ABF GENERAL DONATION 11/30/2023 $17.00
GENERAL ABF GENERAL DONATION 12/1/2023 $200.00
GENERAL ABF GENERAL DONATION 12/1/2023 $925.00
GENERAL ABF GENERAL DONATION 12/1/2023 $340.00
GENERAL ABF GENERAL DONATION 12/4/2023 $435.00
GENERAL ABF GENERAL DONATION 12/4/2023 $100.00
GENERAL ABF GENERAL DONATION 12/4/2023 $50.00
GENERAL ABF GENERAL DONATION 12/7/2023 $150.00
GENERAL ABF GENERAL DONATION 12/7/2023 $764.11
GENERAL ABF GENERAL DONATION 12/7/2023 $330.00
GENERAL ABF GENERAL DONATION 12/7/2023 $500.00
GENERAL ABF GENERAL DONATION 12/14/2023 $616.14
GENERAL ABF GENERAL DONATION 12/14/2023 $65.00
GENERAL ABF GENERAL DONATION 12/15/2023 $550.00
GENERAL ABF GENERAL DONATION 12/19/2023 $247.00
GENERAL ABF GENERAL DONATION 12/19/2023 $100.00
GENERAL ABF GENERAL DONATION 12/19/2023 $300.00
GENERAL ABF GENERAL DONATION 12/19/2023 $5.00
GENERAL ABF GENERAL DONATION 12/19/2023 $92.50
GENERAL ABF GENERAL DONATION 12/22/2023 $2.50
GENERAL ABF GENERAL DONATION 12/22/2023 $550.00
GENERAL ABF GENERAL DONATION 12/22/2023 $34.50
GENERAL ABF GENERAL DONATION 12/22/2023 $0.29
GENERAL ABF GENERAL DONATION 12/27/2023 -$25.00
GENERAL ABF GENERAL DONATION 12/27/2023 $52.50
GENERAL ABF GENERAL DONATION 12/27/2023 $170.00
GENERAL ABF GENERAL DONATION 12/27/2023 $3,577.50
GENERAL ABF GENERAL DONATION 12/29/2023 $317.50
GENERAL ABF GENERAL DONATION 12/29/2023 $106.00
GENERAL ABF GENERAL DONATION 12/29/2023 $200.00
$26,703.94
Summary by Donation Type
Type Total
GENERAL DONATION $26,703.94
WEBSITE DONTATION $0.00
Grand Total $26,703.94
479
$74,815.20
TOTAL $74,815.20
DISTRIBUTION OF 2022-23 HIGHWAY PROPERTY RENTAL REVENUE
(Right of Way Rental Income)
County Road Fund
480
STAFF REPORT FROM THE CONTRA COSTA COUNCIL ON HOMELESSNESS
Contra Costa County Homeless System of Care Quarterly Report for
Quarter 4, 2023 (October - December)
LETTER FROM THE CHAIR AND VICE CHAIR
Dear Contra Costa County Board of Supervisors,
The highlight to the fourth quarter of 2023 for us was all of the Homelessness Awareness
Month events, activities and resources that were shared with the community. We also saw our
system of care receive $16m from the state through the Homekey program and an application
go in for the fifth round of the state’s Homeless, Housing and Assistance Program funding. Our
committees finalized workplans for 2024 and for 2024 are pleased to welcome six new Council
members and four returning members for the ten seats that opened at the end of this quarter.
Sincerely,
and
Juno Hedrick, Chair of the Council on
Homelessness Jo Bruno, Vice Chair of the Council on
Homelessness
481
COH QUARTERLY REPORT
2
INTRODUCTION
The Contra Costa Council on Homelessness (CoH) is the governing and oversight body for the
County homeless Continuum of Care (CoC) and is appointed by the Board of Supervisors. The
Council provides advice and input to the Board of Supervisors on the operations of homeless
services, program operations, and program development efforts in Contra Costa County. The
Contra Costa Council on Homelessness is the governing body for the Contra Costa County
Continuum of Care (CoC).
The Contra Costa CoC is comprised of multiple partners, including service providers, members
of faith communities, local businesses, private and public funders, community members,
education systems and law enforcement, and others who are working collaboratively to end
homelessness. The COH and COC are supported by Contra Costa Health Services Health,
Housing & Homeless Services (H3) Division. H3 functions as the CoC administrative entity and
collaborative applicant, CoC Lead Agency and Homeless Management Information System
(HMIS database) Lead Agency.
The purpose of this report is to share information about the CoC and COH activities with the
Contra Costa County Board of Supervisors and to provide recommendations from the COH to
the County Board of Supervisors on long range planning and policy formulation that would
support the county homeless CoC. This report includes information on system data, funding and
policy activities, and CoC initiatives. All information will reflect activities and data for the prior
quarter.
This report was produced on behalf of the CoH by H3 in collaboration with the CoH and CoC
partners.
SYSTEM FUNDING
This quarter the CoC continued to evaluate the system of care and pursued funding
opportunities to address the gaps in Contra Costa’s homeless system, including our largest
source of funding, the Housing and Urban Development (HUD) Continuum of Care (CoC) Notice
of Funding Opportunity (NOFO).
FEDERAL
HUD NOFO: In this quarter, HUD began contract execution for awards announced in the
Continuum of Care Supplemental Notice of Funding to Address Unsheltered homelessness and
providers worked collaboratively with the CoC to ensure an on-time submission of grant
documents. The Supplemental NOFO provides three-year awards and will support
enhancement of the CoC’s HMIS database, as well as 28 units of permanent supportive housing
provided by SHELTER, Inc.
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STATE
Homeless, Housing and Assistance Program (HHAP): HHAP grant through the California
Interagency Council on Homelessness (Cal-ICH) that provides local jurisdictions, including
federally recognized tribal governments, with flexible funding to continue efforts to end and
prevent homelessness in their communities. In this quarter, H3, on behalf of the County and
CoC, began to review and complete the application for the fifth round of HHAP funding (HHAP-
5). H3 received data from the State’s HDIS system to support with goal setting.
Homekey 3: In this quarter, the Department of Housing and Community development awarded
the County $16 million the Homekey Program. H3 submitted an application in Q2 for the
Homekey Program that is aimed to rehab physical facilities. The project will be a 54-unit
building in San Pablo to house chronically homeless households to provide rental assistance and
support services with an expected date of occupancy in Spring 2024. H3 received feedback
from state on application and supplied updates to execute the grant agreement.
LOCAL
Measure X: The Council heard updates from Health, Housing and Homeless Services about the
RFP process for Measure X funding allocated for housing/homeless services.
SYSTEM INITI ATIVES
The CoC regularly engages in multiple activities, partnerships, evaluations, and improvement
that are designed to improve services to clients and achieve various system goals.
Equity:
While progress on workplan goals for Q3 and Q 4 (test newly revised materials with PWLE,
providers and amplifiers and for Q4, refine and launch revised materials, and assess success of
engaging new amplifiers) moved more slowly than planned, the committee did determine the
priorities for 2024 and created a new work plan with the goal: “By Dec 31, 2024, Equity
Committee will have provided equity focused input to all COH committees and Working Groups,
partnered on equity focused projects and strengthened relationships with partners essential to
increasing equity.” The Committee will continue to move the materials development forward
and in future reports, will report out on Equity Committee work progress using this framework:
1) providing equity focused input to all COH committees and Working Groups, 2) partnerships
on equity focused projects and 3) strengthening relationships with partners essential to
increasing equity.
Engagement of People with Lived Experience of Homelessness: The CoC continued to recruit
people with lived experience to participate in a variety of activities, including the work of the
Equity Committee and Homelessness Awareness Month planning and activities. Additionally,
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COH QUARTERLY REPORT
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H3 began implementation of a Youth and Young Adult (YYA) Community Needs Assessment.
YYA with lived experience of homelessness were invited to participate in the Community Needs
Assessment planning as advisory group members and as participants in key informant
interviews and focus groups.
Homelessness Awareness Month: Community members, including people with a lived
experience of homelessness were deeply involved in planning and creating materials and
events for Homelessness Awareness Month (HAM) in November. To mark Homelessness
Awareness Month (November), the Council on Homelessness supported the following
activities:
• Development of a 100+ page toolkit showcasing opportunities to engage and learn.
• Creation of a short video amplifying the voices of people with lived experience of
homelessness called: Challenging Myths About Homelessness: A Message For Your
Neighbors (2023 HAM)
• Recognition of nearly 40 outstanding individuals and agencies impacting homelessness
via formal recognitions in 4 categories at the November Council on Homelessness
meeting.
• A presentation to the Board of Supervisors about Homelessness Awareness Month on
11/7, which included the Board adopting resolutions declaring November Homelessness
Awareness Month and declaring 12/21 Homeless Person’s Memorial Day.
• Hosted a Homeless Person’s Memorial Event on 12/21: https://youtu.be/YFmZJ5zZRps.
Performance Based Contracting: Providers continued quarterly meetings with H3 to discuss
progress and identify goals for the next quarter. Results from the CoC Participant Satisfaction
Survey were discussed in the October Oversight and PATH Committee meetings. 450 were
collected and 97% of participants surveyed said they would recommend CoC services to others.
Point in Time Count (PIT): The Council on Homelessness approved the 2024 Point-In-Time
Count Methodology (almost identical methodology as last year) as recommended by the Point-
In Time Count Committee. The count will take place January 24, 2024.
GOVERNANCE/REPORTING
• COH recommended 10 candidates to the Board of Supervisors in December for open
seats.
• The Council will select a new Chair and Vice Chair in January 2024.
• The Council approved a workplan for 2024 (See Appendix B for the Work Plan)
• Polls conducted at the beginning of each Council on Homelessness regular meetings
capture data on # of Council meetings previously attended, lived experience of
homelessness and race/ethnicity of attendees. (See Appendix C for Q4 averages.)
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MEETINGS, TRAININGS AND EVENTS
Council on Homelessness (COH) Meetings: The Council on Homelessness held three (3) regular
business meetings in addition to an Orientation this quarter. In addition to the regular Council
on Homelessness meetings, the following committees met:
Committee Purpose
Equity Committee Create accessible information, outreach, and educational materials
to engage hard to reach or previously unreached communities in
Contra Costa County.
Funding Committee Direct the community input process for
several time-sensitive federal and state funding
streams. NOFO prep work that previously happened
at the CoC/ESG Committee will now happen at the
Funding Committee.
HMIS Policy Committee Develops and shares updates on HMIS policies and practices,
compliance, and troubleshooting; Plans technical assistance and
training; Informs standards of practice and monitoring
Oversight Committee Reviewing and assessing the development, implementation, and
improvement of the CoC, Coordinated Entry System, HMIS
database, and system outcomes
PATH Innovation
Committee
Work towards the goal of reducing unsheltered homeless in Contra
Costa County by 75% by 2024
Point in Time Count
Committee
Plan and implement the annual Point-in-Time Count, an annual
HUD-required count of sheltered and unsheltered people
experiencing homelessness
Trainings
• Case Management (12/11/23)
• Equal Access Rule (11/13/23)
• Trauma Informed Care (10/16/23)
Events
• CoC Provider Meetings (3)
• Homeless Persons’ Memorial Day event
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COH QUARTERLY REPORT
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The recordings, minutes and materials for trainings and meetings can be found on the H3
website1 and on the County agenda center2, and a calendar of upcoming meetings and events
can be found on the H3 website.
R ECOMMENDATIONS
• Continue to expand on training opportunities presented to Advisory Boards.
1 Trainings | Contra Costa Health (cchealth.org)
2 https://www.contracosta.ca.gov/agendacenter
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APPENDIX A
Commonly Used Acronyms and Terms
Acronym Definition
APR Annual Performance Report (for HUD homeless programs)
BIPOC Black and Indigenous People of Color
CARE Coordinated Assessment and Resource
CCYCS Contra Costa Youth Continuum of Services
CDBG,
CDBG-CV
Community Development Block Grant (federal and state programs) and the federal Community
Development Block Grant CARES Act coronavirus allocation.
CESH California Emergency Solutions and Housing program (state funding)
Continuum
of Care
(CoC)
Continuum of Care approach to assistance to the homeless. Federal grant program promoting
and funding permanent solutions to homelessness.
Con Plan Consolidated Plan, a locally developed plan for housing assistance and urban development
under CDBG.
CORE Coordinated Outreach Referral, Engagement program
COVID-19 Coronavirus
DCD (Contra Costa County) Department of Conservation and Development
DOC Department Operations Center
EHSD (Contra Costa County) Employment and Human Services Division
EOC Emergency Operations Center
ESG and
ESG-CV
Emergency Solutions Grant (federal and state program) and the federal Emergency Solutions
Grant CARES Act coronavirus allocation.
ESG-CV Emergency Solutions Grant CARES
FMR Fair Market Rent (maximum rent for Section 8 rental assistance/CoC grants)
HCD Housing and Community Development (State office)
HEAP Homeless Emergency Aid Program (State funding)
HEARTH Homeless Emergency and Rapid Transition to Housing (HEARTH) Act of 2009
HHAP Homeless Housing and Assistance Program
HMIS Homeless Management Information System
HOME Home Investment Partnerships (CPD program)
HUD U.S. Department of Housing and Urban Development (federal)
MHSA Mental Health Services Act
NOFA/NOFO Notice of Funding Availability/ Notice of Funding Opportunity
PHA Public Housing Authority
PUI Persons Under Investigation
PWLE People With Lived Experience of Homelessness
SAMHSA Substance Abuse & Mental Health Services Administration
SRO Single-Room Occupancy housing units
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COH QUARTERLY REPORT
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SSDI Social Security Disability Income
SSI Supplemental Security Income
TA Technical Assistance
TAY Transition Age Youth (usually ages 18-24)
VA Veterans Affairs (U.S. Department of)
VASH Veterans Affairs Supportive Housing
VI-SPDAT Vulnerability Index – Service Prioritization Decision Assistance Tool
Contra Costa County COVID-19 Resources:
Please see below for additional resources on COVID-19.
• Health Services COVID Data Dashboard- https://www.coronavirus.cchealth.org/dashboard
• Health Services Homeless Specific Data Dashboard- https://www.coronavirus.cchealth.org/homeless-dashbo
• Health Services COVID Updates- https://www.coronavirus.cchealth.org/health-services-updates
• Health Services Homeless-Specific COVID Resources -https://www.coronavirus.cchealth.org/for-the-homeles
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APPENDIX B
2024 Council on Homelessness Work Plan
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2.15.24
2024 COUNCIL ON HOMELESSNESS
WORKPLAN
1. Work towards the countywide goal of reducing unsheltered homelessness
by 75% by 2024 through the work of the PATH Innovations Committee.
2. Continue to provide advice and recommendations to the Board of
Supervisors about issues relating to homelessness
3. Convene stakeholders, in partnership with H3, to create a regional action
plan as part of the application to the State’s HHAP program
4. Update and redesign the CoC’s Coordinated Entry prioritization and
assessment tools to create a more equitable process
5. Continue to seek opportunities for individuals with lived experience of
homelessness to engage in policy-making and planning conversations,
especially as relates to assessment and prioritization within the
Coordinated Entry System
6. Implement changes to the CoC NOFO scoring tools to better prioritize
resources during the annual funding competition
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COH QUARTERLY REPORT
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APPENDIX C
Poll Question Answers Q4
How many Council on Homelessness meetings have you
attended? Q4 avg
This is my first meeting 20%
I’ve attended some meetings 23%
I’ve attended a lot of meetings 57%
I prefer not to answer 0
Do you have lived experience of homelessness?
Yes, currently 1%
Yes, within the past 7 years 15%
Yes, more than 7 years ago 30%
No 62%
I prefer not to answer 0
What best describes your racial identity?* African American/Black 23%
American Indian/Alaskan Native 5%
Asian/Pacific Islander/Native Hawaiian 8%
Hispanic/Latinx 19%
White 30%
Multi-racial 7%
I prefer not to answer 1%
I describe myself in another way 5%
*This category allows people to select multiple options
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In the matter of: Resolution No. 2024/
IN THE MATTER OF PROCLAIMING MARCH 2024 AS WOMEN'S HISTORY MONTH, AND
RECOGNIZING MARCH 8, 2024, AS INTERNATIONAL WOMEN’S DAY IN CONTRA COSTA
COUNTY.
Whereas, women of Contra Costa County of every race, class, sexual orientation, and ethnic background have made
historic contributions to the growth and strength of our County in countless recorded and unrecorded ways; and
Whereas, women of Contra Costa County have played and continue to play a critical economic, cultural and social role
in every sphere of the life of the County by constituting a significant portion of the labor force working inside and outside of
the home; and
Whereas, women of Contra Costa County where particularly important in the establishment of early charitable,
philanthropic, and cultural institutions in our County; and
Whereas, women of Contra Costa County have played a unique role throughout the history of the County by providing
the majority of the volunteer labor force of the County; and
Whereas, women of Contra Costa County of every race, class, sexual orientation, and ethnic background served as early
leaders in the forefront of many major progressive social change movements; and
Whereas, women of Contra Costa County have been leaders, not only in securing their own rights of suffrage and equal
opportunity, but also in the abolitionist movement, the emancipation movement, the industrial labor movement, the civil
rights movement, and other movements which create a more fair and just society for all; and
Whereas, the County of Contra Costa recognizes International Women’s Day on March 8 th as the worldwide
holiday to educate all people about the condition of women and girls throughout the world. International Women’s
Day is a global day celebrating the social, economic, cultural, and political achievements of women. The day also
marks a call to action for accelerating gender parity. Significant activity is witnessed worldwide as groups come together
to celebrate women’s achievements or rally for women’s equality; and
NOW, THEREFORE, BE IT RESOLVED, that the Contra Costa County Board of Supervisors, hereby
proclaims March 2024 as Women's History Month, and recognizing March 8, 2024, as International Women’s Day in
Contra Costa County and encourage all residents of Contra Costa County to participate in ceremonies and events to
commemorate and honor women for their countless contributions to our community.
497
FEDERAL D. GLOVER
Chair,
District V Supervisor
JOHN GIOIA CANDACE ANDERSEN
District V Supervisor District II Supervisor
DIANE BURGIS KEN CARLSON
District III Supervisor District IV Supervisor
I hereby certify that this is a true and correct copy of an action taken
and entered on the minutes of the Board of Supervisors on the date
shown.
ATTESTED: March ____, 2024
Name,
By: , Deputy
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499
Contra Costa Advisory Council on Aging Roster (as of 10/2023)
Seat Title
Term
Expiration Current Incumbent District
BOS
Appointment
Date Notes
At-Large 1 9/30/2024 Lang, Thomas I 3/21/2023
At-Large 2 9/30/2024 Krohn, Shirley IV 10/11/2022
At-Large 3 9/30/2025 Hayes, Michelle I 6/13/2023
At-Large 4 9/30/2024 Shafiabady, Sara V 10/11/2022
At-Large 5 9/30/2024 Card, Deborah V 10/11/2022
At-Large 6 9/30/2024 Lipson, Steve I 10/11/2022
At-Large 7 9/30/2024 Awadalla, Mike IV 5/23/2023
At-Large 8 9/30/2024 Lee, George III 5/23/2023
At-Large 9 Vacant
At-Large 10 9/30/2024 Tobey, Terri II 10/11/2022
At-Large 11 Vacant
At-Large 12 Vacant
At-Large 13 Vacant
At-Large 14 9/30/2025 Yee, Dennis IV 10/19/2021
At-Large 15
At-Large 16 9/30/2025 O'Toole, Brian IV 10/19/2021
At-Large 17 9/30/2024 Donovan, Kevin D.II 10/11/2022
At-Large 18 9/30/2024 Wener, Michael II 11/2/2021
At-Large 19 9/30/2025 Kleiner, Jill II 10/19/2021
At-Large 20 9/30/2024 Sakai-Miller, Sharon II 3/22/2022
Local Seat: Antioch 9/30/2024 Fernandez, Rudy III 10/25/2020
Local Seat: Brentwood Vacant III
Local Seat: Clayton 9/30/2025 Berman, Michelle IV 10/19/2021
Local Seat: Concord 9/30/2025 Fowler, Marilyn IV 5/23/2023
Local Seat: Danville 9/30/2025 Donnelly, James II 10/19/2021
Local Seat: El Cerrito 9/30/2024 Kehoe, Carol I 7/12/2022
Local Seat: Hercules 9/30/2024 Doran, Jennifer V 10/25/2020
Local Seat: Lafayette Vacant
Local Seat: Martinez 9/30/2025 Iorns, Jody V 2/22/2022
Local Seat: Moraga Vacant
Local Seat: Oakley 9/30/2025 Rigsby, Michael III 12/14/2021
Local Seat: Orinda 9/30/2025 Evans, Candace II 10/19/2021
Local Seat: Pinole Vacant
Local Seat: Pittsburg Vacant
Local Seat: Pleasant Hill 9/30/2025 Van Ackeren, Lorna IV 10/19/2021
Local Seat: Richmond 9/30/2024 Burkhart, Cate I 3/21/2023
Local Seat: San Pablo 9/30/2024 Vacant
Local Seat: San Ramon Vacant
Local Seat: Walnut Creek 9/30/2025 Vacant
500
Contra Costa Advisory Council on Aging Roster (as of 10/2023)
Seat Title
Term
Expiration Current Incumbent District
BOS
Appointment
Date Notes
Nutrition Project Council 9/30/2024 Vacant
Alternate Member 1 9/30/2025 Vacant
Alternate Member 2 9/30/2025 Vacant
Alternate Member 3 9/30/2025 Vacant
Alternate Member 4 9/30/2025 Vacant
Pending BOS Approval
Vacant
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502
503
504
505
506
1. This application and any attachments you provide to it is a public document and is subject to
the California Public Records Act (CA Government Code §6250-6270).
2. All members of appointed bodies are required to take the advisory body training provided by
Contra Costa County.
3. Members of certain boards, commissions, and committees may be required to: (1) file a
Statement of Economic Interest Form also known as a Form 700, and (2) complete the State
Ethics Training Course as required by AB 1234.
4. Meetings may be held in various locations and some locations may not be accessible by
public transportation.
5. Meeting dates and times are subject to change and may occur up to two (2) days per month.
6. Some boards, committees, or commissions may assign members to subcommittees or work
groups which may require an additional commitment of time.
7. As indicated in Board Resolution 2021/234, a person will not be eligible for appointment if
he/she is related to a Board of Supervisors' member in any of the following relationships:
(1) Mother, father, son, and daughter;
(2) Brother, sister, grandmother, grandfather, grandson, and granddaughter;
(3) Husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepson, and
stepdaughter;
(4) Registered domestic partner, pursuant to California Family Code section 297;
(5) The relatives, as defined in 1 and 2 above, for a registered domestic partner;
(6) Any person with whom a Board Member shares a financial interest as defined in the
Political Reform Act (Gov't Code §87103, Financial Interest), such as a business partner or
business associate.
Roger G Boaz
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Please return completed applications to:
Clerk of the Board of Supervisors
1025 Escobar Street, 1st Floor
Martinez, CA 94553
or email to: ClerkofTheBoard@cob.cccounty.us
Contra
Costa
County
Ž LJŽƵ ǁŽƌŬ ŝŶ ŽŶƚƌĂ ŽƐƚĂ ŽƵŶƚLJ͍
Home Address - Street City Postal Code
Primary Phone (best number to reach you)Email Address
Resident of Supervisorial District ;ŝĨ oƵt oĨ oƵŶtLJ, Ɖlease eŶter EͬͿ͗
/Ĩ zĞƐ͕ ŝŶ ǁŚŝĐŚ ŝƐƚƌŝĐƚ ĚŽ LJŽƵ ǁŽƌŬ͍
BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION
&ŝƌƐƚ EĂŵĞ DŝĚĚůĞ /ŶŝƚŝĂl >ĂƐƚ EĂŵĞ
KĐĐƵƉatioŶal >iĐeŶses omƉleted͗
G.E.D. Certificate
Yes No
Eo
eŐree dyƉeͬCourse of Study/Major Degree AwardedColleges or Universities Attended
High School Diploma CA High School Proficiency Certificate
EDUCATIO N
Yes
Yes
Yes Eo
State
ertiĨiĐate Aǁarded Ĩor draiŶiŶŐ͍
Yes Eo
Pl ease check one: zes Eo If zes, how many?
No
Check appropriate box if you possess one of the following:
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ƵƌƌĞŶƚ ŵƉůŽLJĞƌ :Žď dŝƚůĞ >ĞŶŐƚŚ ŽĨ ŵƉůŽLJŵĞŶƚ
,oǁ loŶŐ Śaǀe yoƵ liǀed or ǁorŬed iŶ oŶtra osta oƵŶty͍
ŽĂƌĚ͕ Žŵŵittee͕ or ommissioŶ Seat Name
,ĂǀĞ LJŽƵ ĞǀĞƌ ĂƚƚĞŶĚĞĚ Ă ŵĞĞƚŝŶŐ ŽĨ ƚŚĞ ĂĚǀŝƐŽƌLJ ďŽĂƌĚ ĨŽƌ ǁŚŝĐŚ LJŽƵ ĂƌĞ ĂƉƉůLJŝŶŐ͍
KtŚer draiŶiŶŐs omƉleted͗
Yes Eo
istriĐt >oĐator dool
zes NotŽƵůĚ yoƵ ůŝŬĞ ƚŽ ďĞ ĐŽŶƐŝĚĞƌĞĚ ĨŽƌ ĂƉƉŽŝŶƚŵĞŶƚ ƚŽ ŽƚŚĞƌ ĂĚǀŝƐŽƌLJ ďŽĚŝĞƐ ĨŽƌ ǁŚŝĐŚ yoƵ ŵĂLJ ďĞ ƋƵĂůŝĨŝĞĚ͍
Are yoƵ a ǀeteraŶ oĨ tŚe h͘S͘ Armed &orĐes͍ Yes No
o yoƵ Śaǀe aŶy oďliŐatioŶs tŚat miŐŚt aĨĨeĐt yoƵr atteŶdaŶĐe at sĐŚedƵled meetiŶŐs͍
/Ĩ zes, Ɖlease edžƉlaŝŶ͗
zes No
539
esĐriďe yoƵr ƋƵaliĨiĐatioŶs Ĩor tŚis aƉƉoiŶtmeŶt͘ ;EKd ͗ yoƵ may also iŶĐlƵde a ĐoƉy oĨ yoƵr resƵmeͿ͘
Wlease cŚecŬ oŶe͗ Yes No
/Ĩ zes, Ɖlease lŝst tŚe oŶtra osta oƵŶtLJ aĚǀŝsorLJ boarĚ;sͿ oŶ ǁŚŝcŚ LJoƵ are ĐƵrreŶtlLJ serǀŝŶŐ͗
Please check one: Yes No /f Yes, please identify the nature of the relationship:
Do you have any financial relationships with the county, such as grants, contracts, or otŚer eĐoŶomiĐ relatioŶsŚiƉs͍
Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to tŚe relatŝoŶsŚŝƉs
lŝsteĚ ƵŶĚer tŚe Η/ŵƉortaŶt /ŶĨorŵatŝoŶΗ sectŝoŶ oŶ ƉaŐe ϯ oĨ tŚŝs aƉƉlŝcatŝoŶ or Resolution Eo. 2021/2ϯϰ)͘
>ŝƐƚ ĂŶLJ ǀŽůƵŶƚĞĞƌ ĂŶĚ ĐŽŵŵƵŶŝƚLJ ĞdžƉĞƌŝĞŶĐĞ͕ ŝŶĐůƵĚŝŶŐ ĂŶLJ ďŽĂƌĚƐ ŽŶ ǁŚŝĐŚ LJŽƵ ŚĂǀĞ ƐĞƌǀĞĚ͘
/Ĩ zes, Ɖlease also lŝst tŚe oŶtra osta oƵŶtLJ aĚǀŝsorLJ boarĚ;sͿ oŶ ǁŚŝcŚ LJoƵ Śaǀe ƉreǀioƵsly serǀeĚ͗
Please check one: Yes No
/f Yes, please identify the nature of the relationship:
/ am iŶĐlƵdiŶŐ my resƵme ǁitŚ tŚis aƉƉliĐatioŶ͗
Please check one: zes Eo
Are yoƵ ĐƵrreŶtly or Śaǀe yoƵ eǀer ďeeŶ aƉƉoiŶted to a oŶtra osta oƵŶty adǀisory ďoard͍
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WůĞĂƐĞ ĞdžƉůĂŝŶ ǁŚLJ LJŽƵ ǁŽƵůĚ ůŝŬĞ ƚŽ ƐĞƌǀĞ ŽŶ ƚŚŝƐ ƉĂƌƚŝĐƵůĂƌ ďŽĂƌĚ͕ ĐŽŵŵŝƚƚĞĞ͕ Žƌ ĐŽŵŵŝƐƐŝŽŶ͘
540
1025 Escobar Street, 1st Floor
DartŝŶenj, ϵϰ55ϯ
Submit this application to: lerŬoĨdŚeoarĚΛcob͘cccoƵŶtLJ͘Ƶs KZ Clerk of the Board
6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional
commitment of time.
5. Meeting dates and times are subject to change and may occur up to two (2) days per month.
7.As indicated in Board Resolution 2021/2ϯϰ, a person will not be eligible for appointment if he/she is related to a Board of SupervisorsΖ member in
any of the following relationships: ;1Ϳ DotŚer, ĨatŚer, soŶ, aŶĚ ĚaƵŐŚter͖ ;2Ϳ rotŚer, sŝster, ŐraŶĚŵotŚer, ŐraŶĚĨatŚer, ŐraŶĚsoŶ, aŶĚ
ŐraŶĚĚaƵŐŚter͖ ;ϯͿ ,ƵsbaŶĚ, ǁŝĨe, ĨatŚerͲŝŶͲlaǁ, ŵotŚerͲŝŶͲlaǁ, soŶͲŝŶͲlaǁ, ĚaƵŐŚterͲŝŶͲlaǁ, steƉsoŶ, aŶĚ steƉĚaƵŐŚter͖ ;ϰͿ ZeŐŝstereĚ Ěoŵestŝc
ƉartŶer, ƉƵrsƵaŶt to alŝĨorŶŝa FaŵŝlLJ oĚe sectŝoŶ 2ϵϳ͖ ;5Ϳ dŚe relatŝǀes, as ĚeĨŝŶeĚ ŝŶ 1 aŶĚ 2 aboǀe, Ĩor a reŐŝstereĚ Ěoŵestŝc ƉartŶer͖ ;ϲͿ ŶLJ
ƉersoŶ ǁŝtŚ ǁŚoŵ a oarĚ Deŵber sŚares a ĨŝŶaŶcŝal ŝŶterest as ĚeĨŝŶeĚ ŝŶ tŚe Wolŝtŝcal ZeĨorŵ ct ;'oǀΖt oĚe Αϴϳ10ϯ, FŝŶaŶcŝal /ŶterestͿ, sƵcŚ as
a bƵsŝŶess ƉartŶer or bƵsŝŶess assocŝate͘
1.This application and any attachments you provide to it is a public document and is subject to the California Public Records Act (CA Government
Code §6250-6270).
2. All members of appointed bodies are required to take the advisory body training provided by Contra Costa County.
3. Members of certain boards, commissions, and committees may be required to: 1) file a Statement of Economic Interest Form also known as a
Form 700, and 2) complete the State Ethics Training Course as required by AB 1234.
4. Meetings may be held in various locations and some locations may not be accessible by public transportation.
Important Information
Questions about this application? Contact the Clerk of the Board at (925) 655-2000 or by email at
ClerkofTheBoard@cob.cccounty.us
Signed: Date:
I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my
knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this
application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may
cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County.
PAGE 3 of 3
7+,6 )250 ,6 A P8%/,& '2&80E17 541
542
543
544
545
546
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Executed at Walnut Creek, California.
On this 5th day of February, 2024.
Legal No. East County Times
Bay Area News Group
5179 Lone Tree Way
Antioch, CA 94531
925-779-7115
PROOF OF PUBLICATION
FILE NO. 3780529
East County Times
I am a citizen of the United States. I am over the age of eighteen
years and I am not a party to or interested in the above entitled
matter. I am the Legal Advertising Clerk of the printer and publisher
of the East County Times, a newspaper published in the English
language in the City of Antioch, County of Contra Costa, State of
California.
I declare that the East County Times is a newspaper of general
circulation as defined by the laws of the State of California as
determined by court decree dated January 6, 1919, Case Number
8268 and modified January 19, 2006, Case Number N05-1494.
Said decree states that the East County Times is adjudged to be a
newspaper of general circulation for the City of Antioch, County of
Contra Costa and State of California. Said order has not been
revoked.
I declare that the notice, of which the annexed is a printed copy,
has been published in each regular and entire issue of said
newspaper and not in any supplement thereof on the following
dates, to wit:
02/05/2024
Signature
2003193
CALIF. NEWSPAPER SVC.
BILLING DEPT.
PO BOX 60460
LOS ANGELES, CA 90060
0006807671
1r.BP316-07/17/17 547
548
549
550
551
ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionFiscal Recovery Funds State & Local Fiscal Recovery Funds$130.2BContra Costa will receive $224M Fiscal Recovery Funds $2BThis only applies if a jurisdiction gets Payment in Lieu of taxes (PILT): Provides an additional $1.5 billion, split evenly over FY 2022 and 2023, for eligible revenue share counties (i.e., public land counties)Assistance to Individuals and FamiliesSupplemental Nutrition Assistance Program (SNAP) Administration$1.1B Pass through from the state for local SNAP administration and supplemental costs of running the programAssistance to Individuals and FamiliesSNAP 15% Benefit Extension $3.5B Extends the benefit increase through 9/30/2021Assistance to Individuals and FamiliesWomen, Infant, Child (WIC) Program $0.9BEmergency funds which will enhance benefits for four months plus $390 million of which will support outreach innovation and program modernization funding.Assistance to Individuals and FamiliesPandemic Electronic Benefits Transfer (EBT) $5.6BProvides +15% monthly SNAP benefits to low‐income children (including under 6 years old) who have lost access to free/reduced price meals at school or child care due to the pandemic; May not apply in CAAssistance to Individuals and FamiliesCommodity Supplemental Food Program $37M Funds supplementing low‐income, 60+ individuals with healthy food commoditiesAssistance to Individuals and FamiliesFamily Violence Prevention and Services $0.5B Formula grants may be available to counties for Domestic Violence hotlines and survivor support programsAssistance to Individuals and FamiliesCommunity‐based Child Abuse Prevention $0.3BThrough 9/30/2023; Going to state lead entities but may be available to counties through competitive sub‐awardsAssistance to Individuals and FamiliesPandemic Emergency Assistance $1.0B Targeted cash assistance supplementAssistance to Individuals and FamiliesOlder Americans Act (OAA) Programs $1.4BAdditional funds for nutrition, community support and ombudsperson services provided directly to local Area Agencies on Aging (Triple A)AMERICAN RESCUE PLAN ‐ FUNDING SUMMARY1/47/28/202112:03 PM552
ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionAMERICAN RESCUE PLAN ‐ FUNDING SUMMARYAssistance to Individuals and FamiliesElder Justice Act Programs $276M Funding through Federal FY 2022 to prevent elder fraud and abuseAssistance to Individuals and FamiliesEarly Childhood Home Visiting $150M States receive these funds and may subaward to county entities providing servicesAssistance to Individuals and FamiliesFamily Planning $50MFederal grant program providing low‐income and adolescent patients with essential family planning and preventative health services. County health departments are eligible applicants of these grants.Assistance to Individuals and FamiliesTenant‐Based Rental Assistance $5B Provides housing choice vouchers, with funds available through September 30, 2030.Assistance to Individuals and FamiliesHomelessness Assistance $5BProvides rental assistance, provides supportive services and development of affordable housing through acquisition or creation of non‐congregate shelter units. Funding will be allocated using the HOME Investment Partnerships Program.Assistance to Individuals and FamiliesEmergency Rental Assistance $21.6BProvides an additional round of funding for the Emergency Rental Assistance Program. Funding is distributed to counties with 200,000 residents or more, to help keep residents stably housed during the COVID‐19 pandemic.Education and ChildcareChild Care and Development Block Grants (CCDBG)$15B Administered by state in CA, but may be available as a subaward to countiesEducation and Childcare Child Care Entitlements to States $633MPermanent increase in funding to states and State match waiver through end of FFY 2022. These changes should make more money available to countiesEducation and ChildcareLow Income Household Drinking Water and Wastewater Assistance Program (LIHWAP)$4.5BCounty administered program has a flexible structure and can support household heating and cooling expenses, weatherization assistance, crisis assistance, and services such as counseling. Education and ChildcareLow Income Home Energy Assistance Program (LIHEAP)$0.5BFederal government is directing states to model LIHWAP after LIHEAP, it is possible that county governments functioning as a local LIHEAP agency will be responsible for administering this new program as well and may receive funds.Education and Childcare Head Start $1.0BEmergency funding to be distributed across existing Head Start agencies according to their share of total enrolled children.HealthCertified Community Behavioral Health Clinic Expansion Grant Program$420MGrants aimed to increase access to, and improve the quality of community mental and substance use disorder treatment through the expansion of CCBHCs2/47/28/202112:03 PM553
ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionAMERICAN RESCUE PLAN ‐ FUNDING SUMMARYHealth Youth Suicide Prevention Programs $20MCounties that are public organizations designated by a state to develop or direct the youth suicide early intervention and prevention strategy are eligible to receive funds.HealthCommunity Mental Health Services Block Grant$1.5BCounties may use block grant dollars to provide a range of services for adults and children with serious mental illnesses.HealthSubstance Abuse Prevention and Treatment Block Grant$1.5BFunding for county behavioral health authorities to serve vulnerable, low‐income populations, such as those with HIV/AIDS, pregnant and parenting women, youth and others by ensuring access to substance abuse services.HealthCommunity‐based Funding for Local Substance Use Disorder Services$30MProvides grants to local governments for community‐based overdose prevention programs, syringe services programs and other harm reduction services in light of increased pandemic related drug‐misuseHealthCommunity‐based Funding for Local Behavioral Health Needs$50MProvides grants to local governments to address increased community behavioral health needs worsened by the COVID‐19 pandemic.Health Project Aware $30MProvides grants, contracts and cooperative agreements to entities to advance wellness and resiliency in education.Health Community Health Centers$7.6BProvides grants to Federally Qualified Health Centers (FQHCs) to respond to the COVID‐19 pandemicHealth Public Health Workforce $7.66BProvides funding to establish, expand and sustain a public health workforce including grants to local public health departmentsHealth National Health Services Corps $800MProvides funding for the scholarship as well as federal and state loan repayment programs for the healthcare workforceHealth Nurse Corp$200MProvides funding for the federal loan repayment programs for nursesHealthMental and Behavioral Health Professionals Training$80MProvides funding for grants or contracts to local governments and other entities, to run training programs in strategies for reducing and addressing suicide, burnout, mental health conditions and substance use disorders among health care professionals.HealthGrants for Health Care Providers to Promote Mental and Behavioral Health$80MProvides funding to award grants or contracts to entities providing health care, including federal qualified health centers, to establish or expand programs to promote mental health among their providers and othersHealth Pediatric Mental Health Care Access $40MProvides funding to award grants to counties to promote behavioral health integration in pediatric primary care through the development and support pediatric mental health care telehealth access programsHealth Grants for Testing $47.8BProvides funding for COVID‐19 testing, contact tracing and mitigation activities. Note that this funding will be distributed to local jurisdictions through existing cooperative agreements3/47/28/202112:03 PM554
ATTACHMENT AProgram Area Program TitleFederal Budget AugmentationSummary DescriptionAMERICAN RESCUE PLAN ‐ FUNDING SUMMARYHealth Grants for Vaccines $7.5BProvides funding for COVID‐19 vaccine activities. Note that this funding will be distributed to local jurisdictions through existing cooperative agreementsOther FEMA Disaster Relief Funds$50BProvides additional funds to meet the immediate needs of local governmentsOther Emergency Food and Shelter Program $400MLocal governmental entities that provided food, shelter and supportive services to people with economic emergencies services in their communities are eligible to apply for this supplemental fundingOtherEmergency Food and Shelter Program ‐ Humanitarian Relief$110MLocal governmental entities that provided food, shelter and supportive services to people with economic emergencies services in their communities are eligible to apply for this supplemental funding through the National Board for the Emergency Food and Shelter ProgramOther Assistance to Firefighter Grants (AFG)$100MFire agencies can apply for supplemental funds to purchase PPE for first respondersOtherStaffing for Adequate Fire and Emergency Response (SAFER) Grants$200MFunding for local fire and emergency response teams to help them increase or maintain the number of trained, "front line" firefighters available in their communitiesOther Emergency Management Performance Grants $100MGrant funding for local emergency management agencies for implementation of the National Preparedness System and works toward the National Preparedness Goal of a secure and resilient nation.OtherEconomic Development Assistance (EDA) Programs$3.0BLocal government is eligible to apply for the EDA program and can use the funding for economic recovery projects. 25% of the funds are reserved for communities that have suffered economic injury due to job losses in the travel, tourism or outdoor recreation sectors.Other Categorical Grants ‐ Air Pollution $50MLocal government can apply for grants and activities related to air quality monitoring and the prevention and control of air pollutionOtherEmergency Connectivity Fund for Libraries (and schools)$7.2BThis competitive grant funding provides a 100% reimbursement to schools and libraries for internet access and connected devices for students and teachers for remote learning and library services. 4/47/28/202112:03 PM555
DEPARTMENT:Countywide
REPORTING PERIOD:
CCC Department CFDA Federal Grantor Agency
State Passthrough
Agency Name (if any)Program Title Program Description
Est. Federal
Grant Allocation
to County
Federal Grant
Allocation
Received
Federal Grant
Allocation
Expended
CAO 21.027 U.S. Treasury N/A
Coronavirus State and Local Fiscal Relief
Fund (CSLFRF)
$350 billion to state, local, territorial, and Tribal governments to bolster their response to the
COVID-19 emergency and its economic impacts. Eligible expenses include • Support public
health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral
healthcare, and certain public health and safety staff;
• Address negative economic impacts caused by the public health emergency, including
economic harms to workers, households, small businesses, impacted industries, and the public
sector;
• Replace lost public sector revenue, using this funding to provide government services to the
extent of the reduction in revenue experienced due to the pandemic;
• Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical infrastructure
sectors; and,
• Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet.
$ 224,058,903 $ 224,058,903 $ 178,219,590
CAO 21.023 U.S. Treasury N/A
Emergency Rental Assistance Program
(ERAP) 2 - Federal Direct Allocation
ERA2 payments are made directly to states, U.S. territories and local governments with more
than 200,000 residents. ERA2 sets aside $2.5 billion for eligible grantees with a high need for
ERA2 assistance, based on the number of very low-income renter households paying more than
50 percent of income on rent or living in substandard or overcrowded conditions, rental market
costs, and change in employment since February 2020. At least 90 percent of awarded funds
must be used for direct financial assistance, including rent, rental arrears, utilities and home
energy costs, utilities and home energy costs arrears, and other expenses related to housing.
Remaining funds are available for housing stability services, including case management and
other services intended to keep households stably housed. ERA2 funds generally expire on
September 30, 2025.
$ 38,941,950 $ 38,941,950 $ 38,941,950
CAO 21.023 U.S. Treasury
California Housing and
Community Development
Department
Emergency Rental Assistance Program
(ERAP) 2 - State Subrecipient Allocation
ERA2 payments are made directly to states, U.S. territories and local governments with more
than 200,000 residents. ERA2 sets aside $2.5 billion for eligible grantees with a high need for
ERA2 assistance, based on the number of very low-income renter households paying more than
50 percent of income on rent or living in substandard or overcrowded conditions, rental market
costs, and change in employment since February 2020. At least 90 percent of awarded funds
must be used for direct financial assistance, including rent, rental arrears, utilities and home
energy costs, utilities and home energy costs arrears, and other expenses related to housing.
Remaining funds are available for housing stability services, including case management and
other services intended to keep households stably housed. ERA2 funds generally expire on
September 30, 2026
$ 32,663,062 $ 32,663,062 $ 32,663,062
FINANCIAL INFORMATION PROGRAM INFORMATION
AMERICAN RESCUE PLAN
ATTACHMENT BQUARTERLY REPORT FY 2023/24 - Q2 (period ending December 31, 2023)
1/4
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DEPARTMENT:Countywide
REPORTING PERIOD:
CCC Department CFDA Federal Grantor Agency
State Passthrough
Agency Name (if any)Program Title Program Description
Est. Federal
Grant Allocation
to County
Federal Grant
Allocation
Received
Federal Grant
Allocation
Expended
FINANCIAL INFORMATION PROGRAM INFORMATION
AMERICAN RESCUE PLAN
ATTACHMENT BQUARTERLY REPORT FY 2023/24 - Q2 (period ending December 31, 2023)
CAO 21.032 U.S. Treasury N/A
Local Assistance and Tribal Consistency
Fund
The Local Assistance and Tribal Consistency Fund provides flexible support for eligible revenue
sharing counties and eligible Tribal governments to meet their jurisdiction’s needs. Specifically,
the statute directs that recipients may use funds for any governmental purpose other than a
lobbying activity.
As a general matter, recipients may treat these funds in a similar manner to how they treat
funds generated from their own revenue. Programs, services, and capital expenditures that are
traditionally undertaken by a government are considered to fulfill a “governmental purpose.”
For Tribal governments, investing in activities undertaken by Tribal enterprises, such as
operating or capital expenditures for businesses that are owned or controlled by a Tribal
government, are considered a governmental purpose.
$ 100,000 $ 100,000 $ -
ConFire 97.083 Federal Emergency Management
Agency (FEMA)N/A FY 2021 SAFER (Staffing for Adequate Fire
and Emergency Response) Grant
Funding for local fire and emergency response teams to help them increase or maintain the
number of trained, "front line" firefighters available in their communities. $ 7,548,363 $ - $ 2,310,211
EHSD 93.600 Administration for Children &
Families-Office of Head Start N/A Head Start
American Rescue Plan (ARP): Fiscal Year 2021 funding increase for Head Start grantees to
support program work toward full re-opening of in-person comprehensive services as local
health guidance allows. Federal allocation is $1 billion.
$ 2,881,131 $ 2,881,131 $ 1,685,141
EHSD 93.568
Administration for Children &
Families-Office of Community
Services
California Department of
Community Services &
Development
Low Income Home Energy Assistance
Program (LIHEAP)
Provides $4.5 billion in emergency LIHEAP funds to remain available until September 30, 2022.
$ 4,692,311 $ 4,692,311 $ 4,662,013
EHSD 95.053
Health and Human Services -
Administration for Community
Living (ACL)
California Department of Aging Emergency Older Americans Act (OAA)
Program Funding
Provides $1.43 billion in emergency OAA funding, including $750 million for senior nutrition
programs, $460 million for home-and-community-based support services, $45 million for
disease prevention, $10 million for the long-term care ombudsman program and $145 million in
assistance for grandparents caring for grandchildren.
$ 3,810,565 $ 3,810,565 $ 1,341,363
EHSD 93.747
Health and Human Services -
Administration for Community
Living (ACL)
California Department of Social
Services Elder Justice Act Programs
Provides at least $188 million for the Elder Justice Act in both FY 2021 and FY 2022, and $88
million for grants to public transit systems to improve transportation access for older adults
and people with disabilities.
$ 15,381 $ 15,381 $ 7,500
EHSD 93.591
Health and Human Services -
Administration for Children &
Families-Family and Youth Services
Bureau
CalOES Family Violence Prevention and Services Act
(FVPSA) Program Supplemental Grants
$450 million Federal funds allocated. Will provide 296 supplement grant awards to states,
territories, tribes and local domestic violence organizations to respond to domestic violence.
While counties are ineligible to receive direct allocations through the FVPSA program, they may
receive funding through their state.
TBD $ - $ -
EHSD 93.590
Health and Human Services -
Administration for Children &
Families-Children's Bureau
California Department of Social
Services
Community Based Child Abuse Prevention
(CBCAP) and Child Abuse Prevention
Treatment Act (CAPTA) Supplemental
Funding
$25 Million Federal Funds allocated. Counties and tribes with Title IV-E agreement with state
opt-in to the ARPA-CBCAP suplemental funding, a one-time allocation that can be spent
through September 30, 2025 without a requirement for non-federal matching fund for child
abuse prevention direct services and planing activites.
$ 522,976 $ 522,976 $ -
EHSD 93.575 Administration for Children &
Families -Office of Childcare
California Department of Social
Services
Child Care Development Block Grant
(CCDBG)
ARPA provides a total of nearly $39 billion in emergency funds for the Child Care Community
Block Grant (CCDBG), of which nearly $15 billion is for child care subsidies through FY 2024. The
remaining $24 billion will be available to states to make stabilization subgrants directly to child
care providers to assist in maintaining operations.
TBD $ - $ -
EHSD 93.596 Administration for Children &
Families -Office of Childcare
California Department of Social
Services
Child Care Slots / Child Care Stabilization
Funds
Increases child care access by 206,500 slots in Alternative Payment, General Child Care, Migrant
Child Care, bridge program for foster children, and prioritizes ongoing vouchers for essential
workers currently receiving short-term child care. Potential increase in the standard
reimbursement rate and regional market rate ceilings. Two one time stipends will be issued out
to providers: the first will be $600 per child using March 2021 enrollment and the second will
be based on facility type and licensing capacity. Stipends are to be used to support with
COVID-19 pandemic relief, and, in the case of decreased enrollment or closures, to support
child care providers and state preschool programs in remaining open or reopening. Budget to
also include a hold harmless clause for all State Programs. Federal allocation is $24 billion.
TBD $ - $ -
EHSD 93.568
Administration for Children &
Families-Office of Community
Services
California Department of
Community Services &
Development
Low-Income Household Drinking Water and
Wastewater Emergency Assistance Program
(LIHWAP)
Created under the FY 2021 Omnibus to assist with payments for drinking water and wastewater
expenses. Federal allocation is $500 million. $ 1,989,789 $ 1,989,789 $ 1,961,617
EHSD 93.558
Administration for Children &
Families-Office of Family
Assistance
California Department of Social
Services
Temporary Assistance for Needy Families
(TANF) Pandemic Emergency Assistance
Fund
Provides $1 billion in short-term targeted aid (cash assistance or otherwise) to families in crisis.
States will receive funds based on their population's share of children and portion of prior TANF
expenditures dedicated to cash assistance.
$ 3,721,600 $ 3,721,600 $ 3,721,600
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2/28/20245:07 PM 557
DEPARTMENT:Countywide
REPORTING PERIOD:
CCC Department CFDA Federal Grantor Agency
State Passthrough
Agency Name (if any)Program Title Program Description
Est. Federal
Grant Allocation
to County
Federal Grant
Allocation
Received
Federal Grant
Allocation
Expended
FINANCIAL INFORMATION PROGRAM INFORMATION
AMERICAN RESCUE PLAN
ATTACHMENT BQUARTERLY REPORT FY 2023/24 - Q2 (period ending December 31, 2023)
EHSD 93.747
Health and Human Services -
Administration for Community
Living (ACL)
California Department of Social
Services
Elder Abuse Prevention Interventions
Program
Funds are available for county expenditure between August 1, 2021 and September 30, 2023.
While maximum flexibility is afforded to the counties in determining how they will spend the
funds, counties are advised to exercise judgement consistent with the Elder Justice Act Section
2042(b); Section 9301 of the ARPA of 2021; and guidance provided by the federal
Administration for Community Living. Based on ACL No. 22-07, examples of how to spend the
allocation noted in the Federal Register Notice include:•Establishing or enhancing the
availability for elder shelters and other emergency,short-term housing and accompanying
“wrap-around” services;
•Establishing, expanding, or enhancing state-wide and local-level elder justicenetworks;
•Working with tribal APS efforts;
•Improving or enhancing existing APS processes;
•Improving and supporting remote work;
•Improving data collection and reporting at the case worker, local, and state levelsin a manner
that is consistent with the National Adult Maltreatment ReportingSystem;
•Establishing new, or improving existing processes for responding to allegedscams and frauds;
•Community outreach;
•Providing goods and services to APS clients;
•Acquiring personal protection equipment and supplies;
•Paying for extended hours/over-time for staff, hiring temporary staff, andassociated
personnel costs;
•Training;
•Assisting APS clients to secure the least restrictive option for emergency oralternative
housing, and with obtaining, providing, or coordinating with caretransitions as appropriate.
$ 406,037 $ 406,037 $ -
HSD 93.224
Health Resources and Services
Administration (HRSA), U.S.
Department of Health and Human
Services (HHS)
N/A American Rescue Plan Act Funding for
Health Centers
Appropriates funds to the Department of Health and Human Services (HHS) to be distributed to
community health centers for:
• Vaccine planning, preparation, distribution, and tracking
• COVID-19 testing, monitoring, and contract tracing, including mobile testing and vaccinations
• Health care workforce expansion
• Health care services and infrastructure modification
• Community outreach related to COVID-19
$ 3,355,250 $ 3,355,250 $ 3,355,250
HSD 93.958
Substance Abuse and Mental
Health Services Administration
(SAMHSA), U.S. Department of
Health and Human Services (HHS)
CA Department of Health Care
Services (DHCS)
Community Mental Health Services Block
Grant (MHBG)
Appropriates funds to HHS for Substance Abuse and Mental Health Services Administration
(SAMHSA) block grants to states for community mental health services. Period covered is
September 1, 2021 through June 30, 2025.
$ 2,597,143 $ 743,029 $ 898,255
HSD 93.959
Substance Abuse and Mental
Health Services Administration
(SAMHSA), U.S. Department of
Health and Human Services (HHS)
CA Department of Health Care
Services (DHCS)
Substance Abuse Prevention and Treatment
Block Grant (SABG)
Appropriates funds to HHS for Substance Abuse and Mental Health Services Administration
(SAMHSA) block grants to states for SUD programs. States will have some discretion in how
funds are expended consistent with federal block grant requirements, and may choose to utilize
some dollars consistent with existing block grant programs/services while allocating other
dollars to new or one-time activities and priorities. All expenditures are subject to approval by
SAMHSA.
$ 2,508,139 $ 1,133,961 $ 1,350,740
HSD 93.354
Centers for Disease Control and
Prevention (CDC), U.S. Department
of Health and Human Services
(HHS)
CA Department of Public Health
(CDPH)Public Health Workforce
Appropriates funds to CDC to support 21st century outbreak response needs by:
1. Expanding and enhancing frontline public health staff
2. Conducting DIS workforce training and skills building
3. Building organizational capacity for outbreak response
4. Evaluating and improving recruitment, training, and outbreak response efforts
Funds will be made available during the two-year budget period and period of performance
(July 1, 2021 to June 30, 2023).
$ 1,910,858 $ 477,715 $ 1,910,854
3/4
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DEPARTMENT:Countywide
REPORTING PERIOD:
CCC Department CFDA Federal Grantor Agency
State Passthrough
Agency Name (if any)Program Title Program Description
Est. Federal
Grant Allocation
to County
Federal Grant
Allocation
Received
Federal Grant
Allocation
Expended
FINANCIAL INFORMATION PROGRAM INFORMATION
AMERICAN RESCUE PLAN
ATTACHMENT BQUARTERLY REPORT FY 2023/24 - Q2 (period ending December 31, 2023)
HSD 93.498
Health Resources and Services
Administration (HRSA), U.S.
Department of Health and Human
Services (HHS)
N/A Provider Relief Fund - American Rescue Plan
(ARP) Rural Distribution
Appropriates funds to the Department of Health and Human Services (HHS) to be distributed to
providers and suppliers who have served rural Medicaid, Children's Health Insurance Program
(CHIP), and Medicare beneficiaries from January 1, 2019 through September 30, 2020. ARP
Rural is intended to help address the disproportionate impact that COVID-19 has had on rural
communities and rural health care providers.
$ 133,362 $ 133,362 $ 133,362
HSD 93.527
Health Resources and Services
Administration (HRSA), U.S.
Department of Health and Human
Services (HHS)
N/A HHS Bridge Access Program For COVID-19
Vaccines and Treatments
Appropriates funds to the Department of Health and Human Services (HHS) to maintain broad
access to COVID-19 vaccines for millions of uninsured Americans.
The program has two major components:
• First, provide support for the existing public sector vaccine safety net, which is implemented
through local health departments (LHDs) and Health Resources and Services Administration
(HRSA) supported health centers.
• Second, create a novel, funded partnership with pharmacy chains that will enable them to
continue offering free COVID-19 vaccinations and treatments to the uninsured through their
network or retail locations as has been done during the COVID-19 Public Health Emergency
(PHE).
Period covered is September 01, 2023 through December 31, 2024.
$ 14,526 $ 14,526 $ 14,526
DCD 14.239 U.S Department of Housing and
Urban Development N/A HOME-ARP: HOME Investment Partnerships
American Rescue Plan Program
Assist individuals or households who are homeless, at risk of homelessness, and other
vulnerable populations, by providing housing, rental assistance, supportive services, and non-
congregate shelter, to reduce homelessness and increase housing stability. HOME-ARP funds
can be used for four eligible activities: production or preservation of affordable housing; tenant-
based rental assistance; supportive services, homeless prevention services, and housing
counseling; purchase and development of non-congregate shelter.
$ 12,090,215 $ 12,090,215 $ 40,050
$ 343,961,561 $ 331,751,763 $ 273,217,084
as % 96.5%79.4%
4/4
2/28/20245:07 PM 559
INFRASTRUCTURE, INVESTMENTS AND JOBS ACT (IIJA)DEPARTMENT:Countywide
REPORTING PERIOD:
CCC Department CFDA
Federal Grantor
Agency
State Passthrough
Agency Name (if any)Program Title Program Description Federal Share County Match Federal Share County Match Federal Share County Match
PW Federal Highway
Administration (FHWA)–Rebuilding American Infrastructure with
Sustainability and Equity
San Pablo Dam Road Rehabilitation: Roadway embankment stabilization and
pavement rehabilitation along several segments of San Pablo Dam Road.
Project awards announced on June 28, 2023. Application not awarded. $ 16,825,000 $ - $ - $ - $ - $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation Highway Safety Improvement Program
Countywide Guardrail Upgrades – Phase 2: This project proposes to upgrade
existing guardrails along arterials, collectors, and local roads at various
locations countywide. This project is a continuation of systemically
upgrading all guardrails in the unincorporated County. Areas under
consideration for this project are: West County, Saranap, Alamo, and South
Walnut Creek. These guardrails have been selected to assure cost
effectiveness.
$ 999,990 $ 493,710 $ 999,990 $ 493,710 $ - $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation Highway Safety Improvement Program
Appian Way at Fran Way Pedestrian Crosswalk Enhancements: This project
proposes to upgrade the existing crosswalk at the intersection of Appian
Way and Fran Way in unincorporated El Sobrante.
$ 249,840 $ 260,960 $ 249,840 $ 260,960 $ - $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation Highway Safety Improvement Program
Walnut Boulevard Bike Safety Improvements: This project will improve
bicyclist safety by widening the roadway shoulder for the southbound
direction along approximately 850 feet of Walnut Boulevard between the
intersections of Marsh Creek Road and Vasco Road in unincorporated
Brentwood.
$ 249,415 $ 900,585 $ 249,415 $ 900,585 $ - $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation Highway Safety Improvement Program
Byron Highway Safety Improvements: This project proposes to construct
safety improvements along Byron Highway between Clifton Court Road and
Bruns Road. Improvements such as street lighting, edgeline rumble strips
and curve advance warning flashing beacons are being considered.
$ 1,316,520 $ 146,280 $ 1,316,520 $ 146,280 $ 7,257 $ 806
PW Federal Highway
Administration (FHWA)
California Department of
Transportation Highway Safety Improvement Program
Vasco Road Safety Improvements: This project proposes to install safety
improvements along Vasco Road between Walnut Boulevard and Camino
Diablo in unincorporated Brentwood. These improvements include
constructing a 0.75-mile-long no-passing zone with median striping,
centerline rumble strip, and delineators along the Vasco Road median.
$ 715,050 $ 79,450 $ 715,050 $ 79,450 $ - $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation Highway Safety Improvement Program
Deer Valley Road Traffic Safety Improvements: This project proposes to
install safety improvements along several of the horizontal roadway curves
of Deer Valley Road where severe collisions have occurred. Improvements
such as curve advance warning signs and widening shoulders will be used.
$ 1,125,810 $ 125,090 $ 1,125,810 $ 125,090 $ 10,220 $ 1,135
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Transportation Alternatives/Active
Transportation Program
San Pablo Avenue Complete Street/Bay Point Trail Gap Closure: This project
proposes to implement a road diet and construct a Class I shared-use path
along the San Francisco Bay Trail.
$ 10,517,000 $ 1,200,000 $ 10,517,000 $ 1,200,000 $ 6,761 $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Transportation Alternatives/Active
Transportation Program
Pacifica Avenue Safe Routes to School: Reconfigure Pacifica Avenue to
install a two-way cycle track, new and widened sidewalks, bulb-outs, and
raised crosswalks from Intel Drive to Port Chicago Highway. $ 3,902,000 $ 440,000 $ 3,902,000 $ 440,000 $ 6,141 $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Bridge Investment Program/Highway Bridge
Program
Marsh Creek Road Bridge Replacement (Bridge No. 28C143 & 28C145) $ 14,268,379 $ 3,671,629 $ 14,268,379 $ 3,671,629 $ 3,088,469 $ 400,144
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Bridge Investment Program/Highway Bridge
Program
Byron Highway Bridge Replacement over California Aqueduct (Bridge No.
28C0121) $ 19,870,559 $ 1,791,030 $ 19,870,559 $ 1,791,030 $ 1,819,860 $ 235,782
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Bridge Investment Program/Highway Bridge
Program
Del Monte Drive Bridge Painting and Poly Overlay (Bridge No. 28C0207) $ 793,000 $ 374,000 $ 793,000 $ 374,000 $ - $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Bridge Investment Program/Highway Bridge
Program
Freeman Road and Briones Valley Road Bridge Maintenance $ 723,000 $ 217,000 $ 723,000 $ 217,000 $ - $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Bridge Investment Program/Highway Bridge
Program
Second Avenue Bridge Replacement (Bridge No. 28C0383) $ 7,108,000 $ 1,262,000 $ 7,108,000 $ 1,262,000 $ - $ -
PW
Federal Emergency
Management Agency (FEMA)
California Office of Emergency
Services (CalOES)
Building Resilient Infrastructure and
Communities 2020
Grayson/Walnut Creek Levee Improvement at CCCSD Treatment Plant: (FC
is co-applicant with CCCSD).
Application is in review.
$ 2,465,235 $ 405,674 Award pending Award pending TBD TBD
PW
US Army Corps of
Engineers (USACE)-Section 1135 – Project Modifications for
Improvement of the Environment
Wildcat / San Pablo Creeks Ecosystem Restoration:
Application is ongoing. Needs local match source. $ 15,363,000 $ 1,500,000 Award pending Award pending TBD TBD
Application Amount Grant Award Amount Amount Expended
DEPARTMENT IMPACT WORKSHEET FY 2023/24 - Q2 (period ending December 31, 2023)ATTACHMENT C
PROGRAM INFORMATION FINANCIAL INFORMATION
560
INFRASTRUCTURE, INVESTMENTS AND JOBS ACT (IIJA)DEPARTMENT:Countywide
REPORTING PERIOD:
CCC Department CFDA
Federal Grantor
Agency
State Passthrough
Agency Name (if any)Program Title Program Description Federal Share County Match Federal Share County Match Federal Share County Match
Application Amount Grant Award Amount Amount Expended
DEPARTMENT IMPACT WORKSHEET FY 2023/24 - Q2 (period ending December 31, 2023)ATTACHMENT C
PROGRAM INFORMATION FINANCIAL INFORMATION
PW
US Army Corps of
Engineers (USACE)-Section 1135 – Project Modifications for
Improvement of the Environment
Pinole Creek Habitat Restoration:
Application is ongoing. Needs local match source. $ 8,000,000 $ 750,000 Award pending Award pending TBD TBD
PW
US Army Corps of
Engineers (USACE)-Section 1135 – Project Modifications for
Improvement of the Environment
Rodeo Creek Habitat Restoration:
Application is ongoing. Needs local match source. $ 13,949,000 $ 450,000 Award pending Award pending TBD TBD
PW
US Army Corps of
Engineers (USACE)-Section 1135 – Project Modifications for
Improvement of the Environment
Rheem Creek Habitat Restoration:
Application is ongoing. Needs local match source. $ 6,990,000 $ 400,000 Award pending Award pending TBD TBD
PW US Environmental Protection
Agency (EPA)State Water Board State Water Quality Improvment Fund Clean
Watersheds for All
County-wide underserved communities GSI and water quality
improvements. $ 1,000,000 $ - $ 1,000,000 $ - $ - $ -
PW Federal Highway
Administration (FHWA)-Charging and Fueling Infrastructure
Program
Contra Costa County EV4All Project - installation and deployment of 60
Level 2 chargers and 52 Direct Current Fast Chargers at 15 Contra Costa
County Library sites. Five percent (5%) of the requested award will support
outreach and education activities. Project awarded. $300,000 earmarked for
County admin costs.
$ 14,999,200 $ - $ 14,999,200 $ - $ - $ -
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Transportation Alternatives/Active
Transportation Program
Appian Way Pedestrian Crossing Enhancements: The project will construct
pedestrian crossing safety enhancements and sidewalk improvements at
five uncontrolled crosswalks to improve pedestrian safety and multi-modal
access along Appian Way.
Project not awarded. A portion of the project was awarded Highway Safety
Improvement Program funding.
$ 3,265,000 $ 51,000 $ - $ - N/A N/A
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Transportation Alternatives/Active
Transportation Program
Carquinez Middle School Trail Connection: The project will construct multi-
modal, ADA-compliant path along Crockett Boulevard to access two schools
and close a gap in a regional trail. Install pedestrian crossing improvements.
Project not awarded. $ 4,459,000 $ 409,000 $ - $ - N/A N/A
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Transportation Alternatives/Active
Transportation Program
4th Street Crosswalk Enhancements: The project will construct bulb-outs,
close a sidewalk gap, upgrade sub-standard sidewalks, install RRFBs and
new high-visibility crosswalks at three intersections on Fourth Street
Project not awarded.
$ 1,576,000 $ - $ - $ - N/A N/A
PW Federal Highway
Administration (FHWA)
California Department of
Transportation
Transportation Alternatives/Active
Transportation Program
Market Avenue Complete Street: The project will construct widened and
ADA-accessible sidewalks, ADA-compliant curb ramps, curb extensions,
shared-lane bicycle markings, and narrow travel lanes along 0.3 miles of
Market Avenue.
Project not awarded.
$ 3,437,000 $ 60,000 $ - $ - N/A N/A
PW Federal Highway
Administration (FHWA)
California Department of
Transportation Highway Safety Improvement Program
Camino Diablo Safety Improvements: This project proposes to install street
lighting and rumble stripes along Camino Diablo Road between Vasco Road
and McCabe Drive.
Project not awarded.
$ 890,460 $ 98,940 $ - $ - N/A N/A
PW Federal Highway
Administration (FHWA)
California Department of
Transportation Highway Safety Improvement Program
Camino Tassajara Street Lighting Improvements: This project proposes to
install street lighting at various locations along Camino Tassajara between
Finley Road and Windemere Parkway.
Project not awarded.
$ 1,221,840 $ 135,760 $ - $ - N/A N/A
PW Federal Highway
Administration (FHWA)– Safe Streets and Roads for All
San Pablo Avenue Complete Street/Bay Point Trail Gap Closure:
Project not awarded. This project was awarded Active Transportation
Program funding. $ 9,484,184 $ 2,371,046 $ - $ - N/A N/A
PW Federal Highway
Administration (FHWA)–Rebuilding American Infrastructure with
Sustainability and Equity
San Pablo Avenue Complete Street/Bay Point Trail Gap Closure:
Project not awarded. This project was awarded Active Transportation
Program funding. $ 8,122,790 $ - $ - $ - N/A N/A
561
INFRASTRUCTURE, INVESTMENTS AND JOBS ACT (IIJA)DEPARTMENT:Countywide
REPORTING PERIOD:
CCC Department CFDA
Federal Grantor
Agency
State Passthrough
Agency Name (if any)Program Title Program Description Federal Share County Match Federal Share County Match Federal Share County Match
Application Amount Grant Award Amount Amount Expended
DEPARTMENT IMPACT WORKSHEET FY 2023/24 - Q2 (period ending December 31, 2023)ATTACHMENT C
PROGRAM INFORMATION FINANCIAL INFORMATION
PW Federal Highway
Administration (FHWA)– Safe Streets and Roads for All
Vision Zero Tier One Implementation Project: This project combination of
five individual projects countyside, including: (1) San Pablo Dam Rd and
Valley View Rd Intersection Improvements; (2) Danville Blvd Complete
Streets; (3) Marsh Creek Rd Safety Improvements; (4) Camino Diablo and
Vasco Rd Intersection Improvements; and (5) Byron Hwy Safety
Improvements. All five components are identified as Tier One projects on
the County's Vision Zero Action Plan. Project not awarded.
$ 9,043,000 $ 2,261,000 $ - $ - N/A N/A
PW Federal Highway
Administration (FHWA)– Rural and Tribal Assistance Pilot Program
Vasco Road Corridor Safety Improvements: This project proposes to study
the Vasco Road corridor and propose countermeasures to safety concerns.
The grant opportunity would fund a feasibility study and reimburse
consultant time. Project awarded.
$ 320,000 $ - $ 320,000 $ - $ - $ -
PW US Environmental Protection
Agency (EPA)–San Francisco Bay Water Quality
Improvement Fund
Wildcat Creek Fish Passage Implementation $ 1,800,000 $ 1,883,371 $ 1,800,000 $ 1,883,371 TBD TBD
PW US Environmental Protection
Agency (EPA)–Clean Watersheds for All Water Quality
Improvement Fund $1 M grant
Underserved communities throughout Contra Costa County $ 1,000,000 $ - $ 1,000,000 $ - TBD TBD
PW US Environmental Protection
Agency (EPA)–Regional Watching Our Waterways Trash
Water Quality Improvement Fund $3.6 M
Receiveing water monitoring in waterbodies in Contra Costa, Alameda, San
Mateo, and Santa Clara County 50% local match. San Mateo CCAG is lead.
Trash receiving water monitoring, anti-littering outreach, and enhancement
of regional partnerships.
$ 3,600,000 $ - $ 3,600,000 $ - TBD TBD
PW US Environmental Protection
Agency (EPA)–San Francisco Bay Water Quality
Improvement Fund, FY 2023
Restoring Wildcat Creek: Community-Led Watershed Health Update and
Priority Project Implementation In partnership with SFEP, UT, TWP, EBRPD,
WCWD, TU, SPCWC, WRE, WRI, CUSP, CCCWA, and Greenbelt Alliance $ 6,102,000 $ - Award pending Award pending TBD TBD
Conservation and
Development
Federal Department of
Energy
California Department of
Community Services and
Development
Bipartisan Infrastructure Law (BIL)
Department of Energy (DOE)
Weatherization Assistance Program (WAP)
Provide energy efficiency measures for low-income residents of the
county. Funds relased in August 2023 $392,243 more funding to be
relased at a later date.
$ 2,614,954 $ - $ - $ - N/A N/A
Conservation and
Development
Federal Department of
Energy
Energy Efficiency Conservation Block Grant
(EECBG)
One-time funding to implement strategies that reduce energy use, reduce
fossil fuel emissions, and improve energy efficiency. This includes but is not
limited to policy and program development, retrofits to county-owned
facilities and infrastructure, application of energy distribution technologies,
updates to the building code and inspection services, and retaining technical
consultant services. Staff submitted required Pre-Award Information Sheet
on April 28, 2023. The full application is due no later than April 30, 2024.
Staff reported on the EECBG to the Sustainablity Committee on July 17,
2023. Staff propose to use the EECBG funds to as follows: $250,000 to
expand the County Asthma Initiative program to make energy efficiency
upgrades at no cost to buildings that operate as childcare facilities, with
priority for home-based childcare facilities operating in an existing home
that are in Impacted Communities; and $100,000 to perform a specific
building inventory and cost analysis to determine the most effective
approach to transition buildings to be all-electric.
$ 356,510 $ - $ 356,510 $ - $ - $ -
562
INFRASTRUCTURE, INVESTMENTS AND JOBS ACT (IIJA)DEPARTMENT:Countywide
REPORTING PERIOD:
CCC Department CFDA
Federal Grantor
Agency
State Passthrough
Agency Name (if any)Program Title Program Description Federal Share County Match Federal Share County Match Federal Share County Match
Application Amount Grant Award Amount Amount Expended
DEPARTMENT IMPACT WORKSHEET FY 2023/24 - Q2 (period ending December 31, 2023)ATTACHMENT C
PROGRAM INFORMATION FINANCIAL INFORMATION
Conservation and
Development
National Oceanic and
Atmospheric Administration N/A Inflation Reduction Act (IRA) Climate
Resilience Regional Challenge
Grant program focused on funding collaborative projects that increase
the resilience of coastal communities to extreme weather and other
impacts of climate change, including sea level rise and drought. Funded
projects will address risk reduction and regional collaboration and equity,
and build enduring capacity for adaptation.
Letter of Intent submitted on August 28, 2023 to support the preparation
of the Contra Costa County Sea Level Rise Resilience and Adaptation Plan.
Staff were notified on October 13, 2023 that the proposal would not
advance to the next stage of the application process.
Project not awarded.
$ 941,500 $ - N/A N/A N/A N/A
$ 199,664,236 $ 21,737,525 $ 84,914,273 $ 12,845,105 $ 4,938,708 $ 637,867
563
564
565
566
567
568
569
570
571
572
APPENDIX “A”
CCCFPD_Appendix A_February 2024
Formatted: Font: 8 pt
Deleted: December 2022
Employee Designation Disclosure Category(ies)
Member of Advisory Fire Commission 1 & 2
Fire Chief, Chief Administrator 1 & 2
Medical Director 1 & 2
Public Information Officer 2
Deputy Fire Chief, Administration Section 1 & 2
Chief of Administrative Services 1 & 2
Fiscal Officer 2
Human Resources Analyst 2
Assistant Fire Chief, Communications 1 & 2
Information Systems Manager 1 & 2
Telecommunications Manager 2
Telecommunications Specialist 3 (E)
Assistant Fire Chief, Support Services 1 & 2
Apparatus Shop Manager 2
Apparatus Service Coordinator 3 (P)
Facilities Manager 3 (B) (C) (W)
Logistics Manager 3 (G) (W)
Deputy Fire Chief, Planning and Development Section 1 & 2
Assistant Fire Chief / Fire Marshal, Fire Prevention Services 1 & 2
Fire Prevention Captain 2
Clerical Supervisor 3 (F) (Q)
Deputy Fire Chief, Operations Section 1 & 2
Battalion Chief, Special Operations 1 & 2
Assistant Fire Chief, District (Shift) 1 & 2
Battalion Chief 1 & 2
Fire Captain 2
Operations Program Supervisor 2
Assistant Fire Chief, Emergency Medical Services (EMS) 1 & 2
Fire EMS Chief 1 & 2
EMS Captain 2
EMS Quality Improvement Coordinator 2
Assistant Fire Chief, Training and Safety 1 & 2
Battalion Chief, Safety 1 & 2
Training Captain 2
Training and Staff Development Specialist 2
Member of Advisory Committee
Apparatus Committee 3 (P)
Emergency Medical Services Committee 3 (O)
Safety Committee 3 (G)
Formatted: Top: 0.3", Bottom: 0.4", Footer distance
from edge: 0.2"
573
APPENDIX “A”
CCCFPD_Appendix A_February 2024
Employee Designation Disclosure Category(ies)
Member of Advisory Fire Commission 1 & 2
Fire Chief, Chief Administrator 1 & 2
Medical Director 1 & 2
Public Information Officer 2
Deputy Fire Chief, Administration Section 1 & 2
Chief of Administrative Services 1 & 2
Fiscal Officer 2
Human Resources Analyst 2
Assistant Fire Chief, Communications 1 & 2
Information Systems Manager 1 & 2
Telecommunications Manager 2
Telecommunications Specialist 3 (E)
Assistant Fire Chief, Support Services 1 & 2
Apparatus Shop Manager 2
Apparatus Service Coordinator 3 (P)
Facilities Manager 3 (B) (C) (W)
Logistics Manager 3 (G) (W)
Deputy Fire Chief, Planning and Development Section 1 & 2
Assistant Fire Chief / Fire Marshal, Fire Prevention Services 1 & 2
Fire Prevention Captain 2
Clerical Supervisor 3 (F) (Q)
Deputy Fire Chief, Operations Section 1 & 2
Battalion Chief, Special Operations 1 & 2
Assistant Fire Chief, District (Shift) 1 & 2
Battalion Chief 1 & 2
Fire Captain 2
Operations Program Supervisor 2
Assistant Fire Chief, Emergency Medical Services (EMS) 1 & 2
Fire EMS Chief 1 & 2
EMS Captain 2
EMS Quality Improvement Coordinator 2
Assistant Fire Chief, Training and Safety 1 & 2
Battalion Chief, Safety 1 & 2
Training Captain 2
Training and Staff Development Specialist 2
Member of Advisory Committee
Apparatus Committee 3 (P)
Emergency Medical Services Committee 3 (O)
Safety Committee 3 (G)
574
POSITION ADJUSTMENT REQUEST
NO. 26270
DATE 2/28/2024
Department No./
Department Health Services Budget Unit No. 0540 Org No. 6549 Agenc y No. A18
Action Requested: Adopt Position Adjustment Resolution No, 26270 to add one (1) Deputy Director of Health Services-
Exempt and add one (1) Assistant Director of Health Services-Exempt in the Health Services Department
Proposed Effective Date: 3/6/2024
Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No
Total One-Time Costs (non-salary) associated with request: $0.00
Estimated total cost adjustment (salary / benefits / one time):
Total annual cost $902,390.36 Net County Cost $0.00
Total this FY $300,796.78 N.C.C. this FY 0
SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Hospital Enterprise Fund I
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Mary Jane De Jesus-Saepharn
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Sarah Kennard for 2/28/2024
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE
Exempt from Human Resources review under delegated authority
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date)
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources
Other: ____________________________________________ ___________________________________
(for) County Administrator
BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors
Adjustment is APPROVED DISAPPROVED and County Administrator
DATE BY
APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT
POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION
Adjust class(es) / position(s) as follows:
P300 (M347) Rev 3/15/01
575
REQUEST FOR PROJECT POSITIONS
Department Date No.
1. Project Positions Requested:
2. Explain Specific Duties of Position(s)
3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds)
4. Duration of the Project: Start Date End Date
Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain.
5. Project Annual Cost
a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.)
c. Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c. financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will
forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted
9. How will the project position(s) be filled?
a. Competitive examination(s)
b. Existing employment list(s) Which one(s)?
c. Direct appointment of:
1. Merit System employee who will be placed on leave from current job
2. Non-County employee
Provide a justification if filling position(s) by C1 or C2
USE ADDITIONAL PAPER IF NECESSARY
576
577
POSITION ADJUSTMENT REQUEST
NO. 26269
DATE 2/22/2024
Department No./
Department Health Services Budget Unit No. 0540 Org No. 6355
Agency No. A-18
Action Requested: Cancel one permanent-intermittent Medical Transcriber (J9WD) in salary plan and grade 3RX 1088
($4,375.67 - $5,587.91) in position number 14047 and add one Clerk -Senior Level (JWXC) in salary plan and grade 3RX 1033
($4,433.81 - $5,662.16) in the Diagnostic Imaging Unit of the Health Services Department. (Represented)
Proposed Effective Date: 3/6/2024
Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No
Total One-Time Costs (non-salary) associated with request:
Estimated total cost adjustment (salary / benefits / one time):
Total annual cost increase $1,431.00 Net County Cost 0
Total this FY $477.00 N.C.C. this FY 0
SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% funded by Hospital Enterprise Fund I
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Mary Jane De Jesus-Saepharn
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
Sarah Kennard for 2/27/2024
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/22/23
Exempt from Human Resources review under delegated authority.
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date)
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources
Other: ____________________________________________ ___________________________________
(for) County Administrator
BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors
Adjustment is APPROVED DISAPPROVED and County Administrator
DATE BY
APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT
POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION
Adjust class(es) / position(s) as follows:
P300 (M347) Rev 3/15/01
578
REQUEST FOR PROJECT POSITIONS
Department Date _______ No. xxxxx
1. Project Positions Requested:
2. Explain Specific Duties of Position(s)
3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds)
4. Duration of the Project: Start Date End Date
Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain.
5. Project Annual Cost
a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.)
c. Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c. financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will
forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted
9. How will the project position(s) be filled?
a. Competitive examination(s)
b. Existing employment list(s) Which one(s)?
c. Direct appointment of:
1. Merit System employee who will be placed on leave from current job
2. Non-County employee
Provide a justification if filling position(s) by C1 or C2
USE ADDITIONAL PAPER IF NECESSARY
579
580
POSITION ADJUSTMENT REQUEST
NO. 26267
DATE 2/23/2024
Department No./
Department Human Resources Department Budget Unit No. Org No. Agency No.
Action Requested: Establish the classification of Chief of Administrative Services I - Exempt at salary plan and grade B85
1017 ($10,073.00 - $12,243.80) and re-title the Chief of Administrative Services - Exempt classification to the Chief of
Administrative Services II - Exempt at salary plan and grade B85 1018 ($12,855.98 - $14,173.72)
Proposed Effective Date: 3/20/2024
Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No
Total One-Time Costs (non-salary) associated with request: $0.00
Estimated total cost adjustment (salary / benefits / one time):
Total annual cost Net County Cost $0.00
Total this FY N.C.C. this FY $0.00
SOURCE OF FUNDING TO OFFSET ADJUSTMENT
Department must initiate necessary adjustment and submit to CAO.
Use additional sheet for further explanations or comments.
Gladys Reid
______________________________________
(for) Department Head
REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT
r
___________________________________ ________________
Deputy County Administrator Date
HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 2/23/2024
Establish the classification of Chief of Administrative Services I - Exempt (APD6) at salary plan and grade B85 1017
(S10,073.00 - $12,243.80) and re-title the Chief of Administrative Services - Exempt (APD4) classification to Chief of
Administrative Services II - Exempt at salary plan and grade B85 1018 ($12,855.98 - $14,173.72)
Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule.
Effective: Day following Board Action.
(Date) Gladys Reid 2/23/2024
___________________________________ ________________
(for) Director of Human Resources Date
COUNTY ADMINISTRATOR RECOMMENDATION: DATE 2/28/2024
Approve Recommendation of Director of Human Resources
Disapprove Recommendation of Director of Human Resources Jason Chan
Other: ____________________________________________ ___________________________________
(for) County Administrator
BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors
Adjustment is APPROVED DISAPPROVED and County Administrator
DATE BY
APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT
POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION
Adjust class(es) / position(s) as follows:
P300 (M347) Rev 3/15/01
581
REQUEST FOR PROJECT POSITIONS
Department Date No.
1. Project Positions Requested:
2. Explain Specific Duties of Position(s)
3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds)
4. Duration of the Project: Start Date End Date
Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain.
5. Project Annual Cost
a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.)
c. Less revenue or expenditure: d. Net cost to General or other fund:
6. Briefly explain the consequences of not filling the project position(s) in terms of:
a. potential future costs d. political implications
b. legal implications e. organizational implications
c. financial implications
7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these
alternatives were not chosen.
8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the
halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will
forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted
9. How will the project position(s) be filled?
a. Competitive examination(s)
b. Existing employment list(s) Which one(s)?
c. Direct appointment of:
1. Merit System employee who will be placed on leave from current job
2. Non-County employee
Provide a justification if filling position(s) by C1 or C2
USE ADDITIONAL PAPER IF NECESSARY
582
583
ORDINANCE NO. 2024-08
ORDINANCE NO. 2024-008
(Exclude from the Merit System the new classification of Chief of
Administrative Services I-Exempt and Retitle the Classification of
Chief of Administrative Services-Exempt to Chief of Administrative
Services II-Exempt)
The Contra Costa County Board of Supervisors ordains as follows (omitting the
parenthetical footnotes from the official text of the enacted or amended provisions of the
County Ordinance Code):
SECTION I: Section 33-5.375 of the County Ordinance Code is amended to exclude
from the merit system the new classification of Chief of Administrative Services I-
Exempt and retitle the classification of Chief of Administrative Services-Exempt to Chief
of Administrative Services II-Exempt:
33-5.375 – Countywide Departmental Exempt Classifications.
(a) The departmental human resources officer I-exempt and departmental
human resources officer II-exempt are excluded and are appointed by any
department head as may be authorized by the board.
(b) The chief of administrative services I-exempt and chief of
administrative services II-exempt are excluded and are appointed by any
department head as may be authorized by the board.
(Ord. Nos. 2024-08, § 1, 3-19-2024; 2022-05, § 1, 2-01-2022; 2021-14, § 1, 04-
27-21; 2018-03 § 1, 02-06-18; Editor's note: Ord. No. 2014-01, § II, adopted January 14,
2014, repealed § 33-5.375 in its entirety. Former § 33-5.375 pertained to general
services and was derived from Ord. No. 85-54 § 2; Ord. No. 85-79 § 2; Ord. No. 2000-
34; Ord. No. 2000-42; Ord. No. 2002-51 § 1; Ord. No. 2005-30 § 1; Ord. No. 2009-22, §
I, adopted October 20, 2009 and Ord. No. 2010-06, § I, adopted June 22, 2010.)
SECTION II: EFFECTIVE DATE. This ordinance becomes effective 30 days after
passage, and within 15 days of passage shall be published once with the names of the
supervisors voting for and against it in the ___________________, a newspaper
published in this County.
PASSED ON ____________________________________ by the following vote:
AYES:
584
ORDINANCE NO. 2024-08
NOES:
ABSENT:
ABSTAIN:
ATTEST: MONICA NINO, Clerk of the
Board of Supervisors and County Administrator
By:_________________________ _____________________________
Deputy Board Chair
[SEAL]
585
RESOLUTION NO. 2024/___
1
RESOLUTION NO. _____
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF CONTRA COSTA, STATE OF CALIFORNIA, DECLARING THE PROPERTY
AT 100 38TH STREET IN RICHMOND, CALIFORNIA, TO BE EXEMPT SURPLUS
LAND IN ACCORDANCE WITH GOVERNMENT CODE SECTION 54221(f)(1)(F) FOR
THE REUSE OF THE FORMER WEST COUNTY HEALTH CENTER AS AN
AFFORDABLE HOUSING DEVELOPMENT
RESOLVED, by the Board of Supervisors of the County of Contra Costa, State of
California:
WHEREAS the County of Contra Costa (the “County”) owns an approximately 2.0-acre
property located at 100 38th Street, Richmond, California, having Assessor’s Parcel No. 517-340-
004 (the “Property”).
WHEREAS the Property is the site of the former West County Health Center, which has
been relocated to San Pablo and the Property is no longer necessary for County use.
WHEREAS the Property is improved with a multi-story, 83,884-square-foot building (the
“Building”) that has been vacant since November 2018.
WHEREAS on May 1, 2019, in compliance with the requirements of Government Code
section 54220 et seq. (the “Surplus Land Act”) then in effect, the County notified various public
agencies and low-income housing groups of the County’s intention to dispose of the Property as
surplus.
WHEREAS two low-income housing groups responded to the County’s notice of intention
to dispose of the Property and both were asked to submit proposals to the County for development
of the Property.
WHEREAS both proposals were reviewed by a committee consisting of members of four
different County departments, including the Health Services Department and the Conservation and
Development Department.
WHEREAS the proposal submitted by a partnership of Eden Housing, Inc. and
Community Housing Development Corporation of North Richmond (such partnership, the
“Developer”), which is comprised of two phases, the first of which consists of an estimated 59
residential rental units, all of which will be affordable to very low-income households, and the
second of which consists of an estimated 76 residential rental units, all of which will be affordable
to low-income households, and ancillary commercial ground floor uses (the “Development”), was
unanimously selected as the preferred option.
586
RESOLUTION NO. 2024/___
2
WHEREAS the Board of Supervisors of Contra Costa County (the “Board”), at its duly
noticed regular public meeting held on December 17, 2019, approved an exclusive negotiating
rights agreement between the County and the Developer to enable the Developer to perform due
diligence on the potential purchase of the Property, apply for land use entitlements from the City
of Richmond for the development of the Development, and negotiate a purchase price for the
Property with the County.
WHEREAS, on October 4, 2022, the City Council for the City of Richmond unanimously
approved the land use entitlements sought by the Developer for the Development.
WHEREAS a covenant will be recorded against the Property, in a form approved by
County Counsel, restricting 100% of the residential units to persons and families of low or
moderate income, with at least 75% of the units restricted to lower income households, as
determined pursuant to section 50053 of the Health and Safety Code, for a minimum of 55 years
(the “Restrictive Covenant”).
WHEREAS the Restrictive Covenant will run with the land and be enforceable against
any owner who violates the Restrictive Covenant and each successor in interest who continues the
violation.
WHEREAS the transfer of the Property to the Developer for the construction of the
Development and the recordation of the Restrictive Covenant satisfy the criteria for exempt surplus
land as defined in Government Code section 54221(f)(1)(F).
WHEREAS the Board, at its duly noticed regular public meeting held on July 18, 2023,
approved an option agreement between the County and the Developer that establishes the price the
Developer will pay to purchase the Property for the development of the Development.
WHEREAS the Board, at its duly noticed regular public meeting held on March 5, 2024,
considered the decision to declare the Property exempt surplus land.
NOW THEREFORE BE IT RESOLVED that the Board hereby finds and determines
that the foregoing recitals are true and correct.
BE IT FURTHER RESOLVED that the Board hereby declares that the Property is
“exempt surplus land,” as that term is defined in Government Code section 54221(f)(1)(F).
BE IT FURTHER RESOLVED that the Board hereby authorizes the Public Works
Director, or his designee, to take all actions necessary to complete the transaction contemplated in
this Resolution, including the execution and recordation of the Restrictive Covenant.
587
RESOLUTION NO. 2024/___
3
I hereby certify that this is a true and correct copy of an action taken and entered in the
minutes of the Board of Supervisors of the County of Contra Costa on the date shown.
ATTESTED: ________________, 2024
By: ___________________________ [SEAL]
County Administrator and Clerk
of the Board of Supervisors
588
589
590
591
592
593
Recorded at the request of: Clerk of the Board
Return To: Public Works Dept
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
and for Special Districts, Agencies and Authorities Governed by the Board
Adopted this Resolution on _______________________________by the following vote:
Resolution No.
IN THE MATTER OF accepting completion of improvements per the Subdivision Agreement for
subdivision SD18-09504 for a project developed by Casato Properties, LLC, as recommended by the Public
Works Director, Alamo area. (District II)
WHEREAS, the Public Works Director has notified this Board that the improvements in subdivision
SD18-09504 have been completed as provided in the Subdivision Agreement with Casato Properties, LLC,
heretofore approved by this Board in conjunction with the filing of the Subdivision Map. WHEREAS, these improvements are approximately located near Danville Boulevard, and Camille Avenue.
NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of
March 5, 2024, thereby establishing the six-month terminal period for the filing of liens in case of action
under said Subdivision Agreement:
DATE OF AGREEMENT: July 12, 2022
NAME OF SURETY: Markel Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $198,500.00, Bond No.
4451800 issued by the above surety be RETAINED for the six-month lien guarantee period until
September 5, 2024, at which time the Board AUTHORIZES the release of said surety less the amount of
any claims on file.
BE IT FURTHER RESOLVED that the widening of Danville Boulevard is ACCEPTED and
DECLARED to be a County road as shown and dedicated for public use on the map of subdivision SD18-
09504 filed July 22, 2022, in Book 551 of final maps at page 21-24, Official Records of Contra Costa
County, State of California; and as conveyed by separate instrument recorded on July 22, 2022, in DOC -
2022-0116969 of Official Records.
BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the
$3,970.00 cash deposit (Auditor's Deposit Permit No. DP850707, dated June 17, 2022) made by Casato
Properties, LLC, and the performance/maintenance surety bond rider for $393,030.00, Bond No. 4451800
issued by Markel Insurance Company RETAINED pursuant to the requirements of Section 94-4.406 of the
Ordinance Code until release by this Board.
AYE:
NO:
ABSENT:
ABSTAIN:
RECUSE:
594
Contact: Kellen O’Connor
(925) 313-2278
I hereby certify that this is a true and correct copy of an action taken and
entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:
Monica Nino, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
c: Larry Gossett-Engineering Services, Kellen O’Connor-Engineering Services, Marke Smith, Engineering Services, Randy Sanders-Design/Construction,
Kimberly Rodriguez, Design/Construction, Chris Lau, Maintenance, Renee Hutchins, Records, Karen Piona, Records, Chirs Halford, Mapping, Rachel Brown,
Finance, Casato Properties, LLC, Markel Insurance Company, T-1/5/2025
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